Municipal code
Murrieta Zoning Code
The enacted municipal code of Murrieta, California, as published — every title, chapter, and section, verbatim and citable.
- Edition
- 2026-06
- Last ingested
- 2026-07-06
- Jurisdiction
- Murrieta
Murrieta, California
Zoning Ordinance
Source: codelibrary.amlegal.com
16.01 Purpose and Effect of Development Code ¶
16.01.010 Title. ¶
This title is and may be cited as the city of Murrieta development code, Title 16 of the Murrieta municipal code, hereafter referred to as "this development code."
(Ord. 182 § 2 (part), 1997)
16.01.020 Purpose of Development Code. ¶
This development code implements the policies of the Murrieta general plan by classifying and regulating the uses of land and structures within the city. This development code is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity and general welfare of residents and businesses in the city. Additional purposes of this development code are to:
A. Implement the goals, objectives, policies and programs of the Murrieta general plan, and to manage future growth and development in compliance with that plan;
B. Provide standards for the orderly growth and development of the city that will maintain the community's housing, service, retail and employment needs in appropriate locations;
C. Require high quality planning and design for development, that enhances the visual character of the city, avoids conflicts between land uses, and preserves the scenic qualities of the city;
D. Conserve and protect the natural resources of the city, its natural beauty and significant environmental amenities;
E. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities; and
F. Provide regulations for the subdivision of land in compliance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code.
(Ord. 492 Exhibit 2, 2014; Ord. 182 § 2 (part), 1997)
16.01.030 Authority, Relationship to General Plan. ¶
A. This development code is enacted based on the authority vested in the city by the state of California, including but not limited to the state Constitution; 65800 and subsequent sections of the California Government Code; the California Environmental Quality Act, Subdivision Map Act, and the Health and Safety Code.
B. This development code is the primary tool used by the city to implement the goals, objectives, policies, and programs of the Murrieta general plan. The city council intends that this development code be consistent with the Murrieta general plan, and that any land use, subdivision or development approved in compliance with this development code will also be consistent with the Murrieta general plan. A proposed use is considered to be consistent with the general plan when the following conditions exist:
The proposed use is compatible with the description of the land use element designation in which the use is located, as shown by the land use element map, and as described in the text of the general plan;
The proposed use is in conformance with the goals, objectives, policies, plans, programs, maps, and guidelines and the intent of the Murrieta general plan; and
The proposed use is to be established and maintained in a manner which is consistent with all elements of the general plan and all applicable provisions contained therein.
- (Ord. 182 § 2 (part), 1997)
16.01.040 Relationship to California Environmental Quality Act. ¶
All projects subject to the provisions of the California Environmental Quality Act (CEQA) shall be reviewed in compliance with the provisions of this code, CEQA, and the city of Murrieta environmental review guidelines. (Ord. 182 § 2 (part), 1997)
16.01.050 Relationship to Existing Specific Plans and Riverside County Land Use Ordinance. ¶
A. Repeal of Riverside County Land Use Ordinances. This development code shall repeal those portions of the Riverside County land use and subdivision ordinances formerly adopted by reference by the city of Murrieta. B. Zoning of Existing Specific Plans. Existing specific plans located within the city of Murrieta that were approved under the Riverside County ordinances shall be designated on the official zoning map as specific plan.
C. Inapplicability of Setback Requirements to Certain Specific Plans. The front, side, and rear yard setbacks specified in Table 16.01-1 below shall be applicable to new residential structures on existing vacant legal lots of record within the areas identified as Specific Plan No. 173 (California Oaks) and Specific Plan No. 128 (Bear Creek/Joaquin Ranch).
| **C. Inapplicability of Setback Requirements to Certain Specific Plans.**The front, side, and rear yard setbacks specified in Table 16.01-1 below shall be applicable to new residential structures on existing vacant legal lots of record within the areas identified as Specific Plan No. 173 (California Oaks) and Specific Plan No. 128 (Bear Creek/Joaquin Ranch). |
**C. Inapplicability of Setback Requirements to Certain Specific Plans.**The front, side, and rear yard setbacks specified in Table 16.01-1 below shall be applicable to new residential structures on existing vacant legal lots of record within the areas identified as Specific Plan No. 173 (California Oaks) and Specific Plan No. 128 (Bear Creek/Joaquin Ranch). |
**C. Inapplicability of Setback Requirements to Certain Specific Plans.**The front, side, and rear yard setbacks specified in Table 16.01-1 below shall be applicable to new residential structures on existing vacant legal lots of record within the areas identified as Specific Plan No. 173 (California Oaks) and Specific Plan No. 128 (Bear Creek/Joaquin Ranch). |
|---|---|---|
| Table 16.01-1 | ||
| Setbacks for Vacant Lots in Bear Creek & California Oaks | ||
| Table 16.01-1 | ||
| Setbacks for Vacant Lots in Bear Creek & California Oaks | ||
| Setback: | SF1 | SF2 |
| Front | 20 ft. | 20 ft. |
| Side | 5 ft. | 5 ft. |
| Side (Street) | 10 ft. | 10 ft. |
| Rear | 10 ft. | 20 ft. |
| Accessory Structures | Same as Development Code Table 3-14 | |
(Ord. 538, Exhibit A (part), 2018; Ord. 492 Exhibit 2, 2014; Ord. 214 § 1, 1999; Ord. 182 § 2 (part), 1997)
16.01.060 Applicability of the Development Code. ¶
This development code applies to all land uses, structures, subdivisions, lot line adjustments, and development within the city of Murrieta, as follows.
A. New Land Uses or Structures, Changes to Land Uses or Structures. It shall be unlawful, and a violation of this development code, for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the requirements of 16.02.010 (Requirements for Development and New Land Uses), and 16.32 (Nonconforming Uses, Structures, and Parcels).
B. Issuance of Construction Permits. Building, grading, or other construction permits may be issued by the department only when the proposed land use and/or structure satisfy the requirements of subsection A above, and the director determines that the site was subdivided in compliance with all applicable requirements of Article V (Subdivisions).
C. Subdivision of Land. Any subdivision of land proposed within the city of Murrieta after the effective date of this development code shall be consistent with the minimum parcel size requirements of Article II (Zoning Districts and Allowable Land Uses), the subdivision requirements of Article V (Subdivisions), and all other applicable requirements of this development code.
D. Continuation of an Existing Land Use. An existing land use is lawful and not in violation only when operated and maintained in compliance with all applicable provisions of this development code. The requirements of this development code are not retroactive in their effect on a land use that was lawfully established before the effective date of this development code or any applicable amendment. A use that was legally established but does not fully comply with all of the requirements of this development code may be maintained in compliance with 16.32 (Nonconforming Uses, Structures, and Parcels).
E. Effect of Development Code Changes on Projects in Progress. The enactment of this development code or amendments to its requirements may impose different standards on new land uses. The following provisions determine how the requirements of this development code apply to projects in progress at the time requirements are amended.
1. Projects with Pending Applications. Applications that have been accepted as complete, in compliance with State law (Government Code Section 65943) by the Department prior to the effective date of this development code, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with this development code.
plications that have been accepted as complete, in compliance with State law (Government Code Section 65943) by the Department prior to the effective date of this development code, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Applications for extensions of time shall be consistent with this development code.
2. Approved Projects not yet Under Construction. An approved project for which an approved land use has not been established or which construction has not begun (excluding parcel and tentative maps) as of the effective date of this development code or amendment, may still be established or constructed as approved, before the expiration of an applicable land use permit (16.80.060, Time Extensions) or, where applicable, before the expiration of an approved time extension.
3. Projects Under Construction. A structure that is under construction on the effective date of this development code or any amendment, need not be changed to satisfy new or different requirements of this development code.
F. Other Requirements may still Apply. Nothing in this development code eliminates the need for obtaining any other permits required by the city, or permits, approvals or entitlements required by other provisions of the municipal code or the regulations of a city department, or county, regional, state, or Federal agency.
G. Conflicting Permits and Licenses to be Void. Permits or licenses shall be issued by the city in compliance with the provisions of this development code, after the effective date of this development code or amendment. Permits or licenses issued in conflict with this development code shall be void.
(Ord. 202 § 2 (part), 1999; Ord. 182 § 2 (part), 1997)
16.01.070 Responsibility for Administration. ¶
This development code shall be administered by the Murrieta city council, planning commission, development services director, and the Murrieta development services department, in compliance with 16.46 (Administrative Responsibility).
(Ord. 182 § 2 (part), 1997)
16.01.080 Partial Invalidation of Development Code. ¶
If any article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this development code is held to be invalid, unconstitutional or unenforceable by a court of competent jurisdiction, these decisions shall not affect the validity of the remaining portions of this development code. The Murrieta city council hereby declares that this development code and each article, chapter, section, subsection, paragraph, sub-paragraph, sentence, clause, phrase or portion would have been adopted irrespective of the fact that one or more portions of this development code may be declared invalid, unconstitutional or unenforceable. (Ord. 182 § 2 (part), 1997)
16.02 Development and Land Use Approval Requirements ¶
16.02.010 Requirements for Development and New Land Uses. ¶
No use of land or structures shall be established, constructed, reconstructed, altered, expanded, allowed or replaced unless the use of land or structures complies with the following requirements.
A. Allowable Use. The land use shall be identified by 16.08 (Residential Districts), 16.10 (Commercial Districts), 16.11 (Office Districts), 16.12 (Business Park and Industrial Districts), 16.13 (Innovation District), 16.14 (Special Purpose Districts), or 16.16 (Combining and Overlay Districts) as being allowable in the zoning district applied to the site.
B. Permit Requirements. Land use permits required by this development code shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in 16.02.020 (Exemptions from Land Use Permit Requirements).
C. Development Standards. Uses and/or structures shall comply with the applicable development standards of this development code, including Article II (Zoning Districts and Allowable Land Uses), and the provisions of Article III (Site Planning and General Development Standards), and other city standards and policies related to the use and development of land.
D. Exceptions to Development Standards. The development standards contained herein may be waived or modified as part of the development plan or conditional use permit process if it is determined that the standard is inappropriate for the proposed use, and that the waiver or modification of the standard will not be contrary to the public health, safety, and general welfare.
E. Conditions of Approval. Uses and/or structures shall comply with all conditions imposed by a previously granted land use permit.
F. Development Agreements. Uses and/or structures shall comply with an applicable development agreement approved by the city in compliance with 16.54 (Development Agreements) or by Riverside County prior to city incorporation, even if in conflict with this development code.
G. Other Development Policies. The city may adopt policies separate from this development code that may effect the use and development of land. All applicable policies, standards, and procedures related to land development shall apply when appropriate as determined by the review authority.
(Ord. 559-20 § 3, 2020; Ord. 492 Exhibit 2, 2014; Ord. 182 § 2 (part), 1997)
16.02.020 Exemptions from Land Use Permit Requirements. ¶
The land use permit requirements of this development code do not apply to the activities, uses of land and/or structures identified by this section.
A. General Requirements for Exemption. The activities, uses of land and/or structures identified by subsection
B. below are exempt from the land use permit requirements of this development code only when:
The activity or use is established and operated in compliance with applicable development standards of Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General Development Standards); and
Permits or approvals required by regulations other than this development code are obtained in compliance with 16.02.040 (Additional Permits and Approvals May Be Required).
B. Exempt Activities and Uses. The following activities, uses of land and/or structures are exempt from the land use permit requirements of this development code when in compliance with subsection A. above.
1. Decks, Paths, and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have a Building Permit or Grading Permit and are not over eighteen (18) inches above natural grade.
2. Fences and Walls—Residential Zoning Districts. Fences and walls in the residential zoning districts are exempt from land use permit requirements as follows:
a. Interior Lots: Fences and walls up to three feet in height when located within the required front yard, or up to six feet in height when located outside the required front yard; and
b. Corner Lots: Fences and walls up to three feet in height within the required front yard. street side yard, and within a traffic safety visibility area. Fences and walls up to six feet in height when located outside the required front yard and traffic safety visibility areas, and at least five feet from the street side property line.
3. Governmental Activities. Activities of the city. state or an agency of the state, or the federal government on land owned or leased by a governmental agency.
4. Interior Remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or a change in the allowed use of the structure.
5. Repairs and Maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure, and if exterior repairs employ the same materials and design as the original.
6. Small Residential Accessory Structures. Portable storage sheds and other small structures in residential zoning districts that are exempt from Building Permit requirements and are less than one hundred twenty (120) square feet in gross floor area. These facilities shall comply with the side and rear setback requirements established by Article II (Zoning Districts and Allowable Land Uses) for the applicable zoning district, or 16.44.150 (Residential Accessory Uses and Structures), where applicable.
l zoning districts that are exempt from Building Permit requirements and are less than one hundred twenty (120) square feet in gross floor area. These facilities shall comply with the side and rear setback requirements established by Article II (Zoning Districts and Allowable Land Uses) for the applicable zoning district, or 16.44.150 (Residential Accessory Uses and Structures), where applicable.
7. Outdoor Play Equipment. Outdoor play equipment (e.g., swings, slides, climbing towers, bridges, and similar elements) less than eight feet in height and a footprint less than one hundred twenty (120) square feet. These facilities shall comply with the side and rear setback requirements established by Article 11 (Zoning Districts and Allowable Land Uses) for the applicable zoning district, or 16.44.150 (Residential Accessory Uses and Structures), where applicable.
8. Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and fish ponds, etc., that do not exceed: one hundred twenty (120) square feet in total area. including related equipment; contain more than two thou-sand (2,000) gallons of water; and exceed eighteen (18) inches in depth. These facilities shall comply with the side and rear setback requirements established by Article II (Zoning Districts and Allowable Land Uses) for the applicable zoning district. or Section 16.44.150 (Residential Accessory Uses and Structures), where applicable.
9. Utilities. The erection, construction, alteration. or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc.), but not including structures. shall be allowed in any zoning district. Satellite and cellular telephone antennas are subject to Section 16.44.170 (Telecommunications Facilities).
10. Walls, Retaining Walls. Walls less than thirty (30) inches in height located in compliance with subsection (B)(2) above, and retaining walls (retaining earth only) that result in grade changes of thirty (30) inches or less and are not required to have a building permit.
(Ord. 182 § 2 (part), 1997)
16.02.030 Temporary Uses.
Requirements for establishing a temporary use (e.g.. construction yards. seasonal sales lots, special events, temporary office trailers, etc.) are in Chapter 16.70 (Temporary Use Permits).
(Ord. 182 § 2 (part), 1997)
16.02.040 Additional Permits or Approvals May be Required. ¶
An allowed land use that is exempt from a land use permit. or has been granted a land use permit, may still be required to obtain other permits before the use is constructed, or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by:
A. Other provisions of the municipal code, including: building permits, grading permits, other construction permits, or a business license; or
B. Riverside County, a special district, or any regional, state or federal agency. All necessary permits shall be obtained before starting work or establishing a new use.
(Ord. 182 § 2 (part), 1997)
16.04 Interpretation of Code Provisions ¶
16.04.010 Purpose. ¶
This chapter provides rules for resolving questions about the meaning or applicability of any part of this development code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this development code and the general plan.
(Ord. 182 § 2 (part), 1997)
16.04.020 Rules of Interpretation. ¶
A . Authority. The director is assigned the responsibility and authority to interpret the requirements of this development code.
B. Language.
1. Abbreviated Titles and Phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in this development code. The city of Murrieta is referred to hereafter as the "city." The city of Murrieta development code is referred to hereafter as "this development code." The development services director is referred to hereafter as "director," the city council is referred to as the "council," the planning commission is referred to as the "commission." "Buildings and structures" are referred to hereafter as "structures."
2. Terminology. When used in this development code, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is per-missive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to."
3. Number of Days. Whenever a number of days is specified in this development code, or in any permit, condition of approval, or notice issued or given as provided in this development code, the number of days shall be construed as calendar days. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend or holiday.
4. Minimum Requirements. When interpreting and applying the regulations of this development code, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).
5. State Law Requirements. Where this development code references applicable provisions of state law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.
C. Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:
1. Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley
centerlines shall be construed as the district boundaries;
2. If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the most appropriate zoning for the property will be determined through the review of a zoning change application;
3. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or
alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated
or abandoned street or alley.
4. Where a public street or alley is officially realigned, the zoning district boundary line shall automatically be adjusted to the new centerline of the public street or alley, and the area on either side of the new street or alley centerline shall be zoned the same as the adjacent property. This automatic adjustment in zoning district boundaries only applies if the resulting zone change reduces and/or increases the zoning districts area by a maximum of 5%; otherwise, a zone change and possible general plan amendment is required.
D. Allowable Uses of Land. If a proposed use of land is not specifically listed in Article II (Zoning Districts and Allowed Land Uses), the use shall not be allowed, except as follows:
1. Similar Uses Allowed. The director may determine that a proposed use that is not listed in Article II is allowable if the proposed use is substantially the same in character and intensity as those listed in Article II. Such a use is subject to the permit process that governs the category in which it falls.
2. Applicable Standards and Permit Requirements. When the director determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this development code apply.
3. Commission Determination. The director may forward questions about similar uses directly to the
commission for a determination.
4. Medical Marijuana Dispensary Uses of Land Prohibited. Any use of land as a medical marijuana dispensary or mobile medical marijuana dispensary anywhere in the city is prohibited. Use of land as a medical marijuana dispensary or mobile medical marijuana dispensary is not substantially the same in character and intensity as any other use of land in Article II and no application may be made to the director or otherwise to the city for such a determination.
E. Conflicting Requirements:
1. Development Code and Municipal Code Provisions. If conflicts occur between requirements of this
development code, or between this development code and other regulations of the city, the most restrictive shall apply.
2. Development Agreements or Specific Plans. When conflicts occur between the requirements of this development code and standards adopted as part of a development agreement or specific plan, the requirements of the development agreement or specific plan shall apply.
3. Private Agreements. This development code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of the agreement or restriction. The city shall not enforce private covenants or agreements unless it is a party to the covenant or agreement.
.** This development code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of the agreement or restriction. The city shall not enforce private covenants or agreements unless it is a party to the covenant or agreement.
(Ord. 492 Exhibit 1, 2014; Ord. 480-13 § 3, 2013; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.04.030 Procedures for Interpretations. ¶
Whenever the director determines that the meaning or applicability of the requirements of this development code are subject to interpretation generally or as applied to a specific case, the director may issue an official interpretation. Interpretations may also be requested in compliance with this section.
A. Request for Interpretation. A request shall be written, specifically state the provision(s) in question, and
provide information to assist in their review.
B. Record of Interpretations. Official interpretations shall be:
In writing, and shall quote the provisions of this development code being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and
Distributed to the council, commission, city attorney, city clerk, and department staff.
Provisions of this development code that are determined by the director to need refinement or revision should be corrected by amending this development code as soon as is practical. Until amendments can occur, the director will maintain a record of official interpretations, available for public review, and indexed by the number of the Section that is the subject of the interpretation.
C. Appeals and Referral. Interpretations of this development code by the director may be appealed to the commission as provided by 16.78 (Appeals). The director may also refer interpretations to the commission for a determination.
(Ord. 182 § 2 (part), 1997)
16.06 Establishment of Zoning Districts, Adoption of Zoning Map ¶
16.06.010 Zoning Districts Established. ¶
The city of Murrieta shall be divided into zoning districts which consistently implement the general plan. The following zoning districts are established and shall be shown on the official zoning map (16.06.020)
| The city of Murrieta shall be divided into zoning districts which consistently implement the general plan. The following zoning districts are established and shall be shown on the official zoning map (16.06.020) |
The city of Murrieta shall be divided into zoning districts which consistently implement the general plan. The following zoning districts are established and shall be shown on the official zoning map (16.06.020) |
|---|---|
| Table 16.06-1 ZONING DISTRICTS |
|
| Zoning Map Symbol | Zoning District Name |
| Table 16.06-1 ZONING DISTRICTS |
|
| Zoning Map Symbol | Zoning District Name |
| Residential | |
| RR | Residential Rural 0.1 - 0.4 d.u./acre |
| ER-1 | Estate Residential 1, 0.5 - 1.0 d.u./acre |
| Estate Residential 2, 1.1 - 2.0 d.u./acre | |
| ER-3 | Estate Residential 3, 2.1 - 3.0 d.u./acre |
| SF-1 | Single Family 1 Residential, 2.1 - 5 d.u./acre |
| SF-2 | Single Family 2 Residential, 5.1 - 10 d.u./acre |
| MF-1 | Multiple Family 1 Residential, 10.1 - 15 d.u./acre |
| MF-2 | Multiple Family 2 Residential, 15.1 - 18 d.u./acre |
| MF-3 | Multiple Family 3 Residential, 18.1 - 29 d.u./acre |
| MF-4 | Multiple Family 4 Residential, minimum 30 d.u./acre |
| Commercial | |
| NC | Neighborhood Commercial |
| CC | Community Commercial |
| RC | Regional Commercial |
| --- | --- |
| Office | |
| O | Office |
| ORP | Office Research Park |
| Business Park and Industrial | |
| BP | Business Park |
| GI | General Industrial |
| GI-A | General Industrial A |
| Innovation District | |
| INN | Innovation |
| Other Zoning Districts | |
| P&R | Parks and Recreation |
| OS | Open Space |
| C & I | Civic & Institutional |
| Combining and Overlay Districts | |
| MPO | Master Plan Overlay |
| TOD | Transit Oriented Development Overlay District |
(Ord. 591-23, § 2, 2023; Ord. 559-20, § 4, 2020; Ord. 492 Exhibit 3, 2014; Ord. 482-13 § 2, 2013; Ord. 182 § 2 (part) 1997)
16.06.020 Zoning Map Adopted. ¶
The council hereby adopts the city of Murrieta zoning map (hereafter referred to as the "zoning map") which is on file with the department.
A. Inclusion by Reference. The zoning map together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the map have been adopted by the council in compliance with State law (Government Code Sections 68800 et. seq.) and are hereby incorporated into this development code by reference as though they were fully included here.
B. Zoning District Boundaries. The boundaries of the zoning districts established by 16.06.010 shall be shown upon the zoning map as applicable.
- C. Relationship to General Plan. The zoning map shall implement the general plan.
D. Map Amendments. Amendments to the zoning map shall follow the process established in 16.58 (development code, zoning map, and general plan amendments).
E. Zoning Map Interpretation. The zoning map shall be interpreted in compliance with 16.04.020.C. (Zoning
Map Boundaries).
(Ord. 182 § 2 (part) 1997)
16.06.030 Zoning District Regulations. ¶
A. Purpose. Chapters 16.08 through 16.16 determine which land uses are allowed in each zoning district established by Section 16.06.010 (Zoning Districts Established), what land use entitlement is required to establish each use, and the basic development standards that apply to allowed land uses in each zoning district.
- B. General Development Standards.
1. Site divided by Zoning District Boundary. Where a site is divided by one or more district boundaries, the
site shall be developed in compliance with the requirements of each district, as applicable.
2. Zoning of Vacated Streets and Alleys. Where a public street or alley is officially vacated, the zoning
regulations applicable to the abutting property shall apply to the vacated street or alley.
3. Conflicts Between Provisions:
a. In the event of any conflict between the zoning district regulations of this article and the provisions of Article III (Site Planning and General Development standards), the provisions of Article III shall control; and
b. In the event of any conflict between the zoning district regulations of this article and the provisions of any applicable development agreement or specific plan, the provisions of the development agreement or specific plan shall control.
c. The zoning boundary for realigned streets, alleys and/or public improvements shall be in accordance with Section 16.04.020.C.4.
C. Consolidated Lots in Two Zoning Districts. In the event two or more lots are proposed for consolidation in compliance with Article V (Subdivisions), so that a single lot is covered by two or more zoning districts, the application for adjustment or map approval may be accompanied by an application for rezoning of the lot into a single zoning district.
(Ord. 492 Exhibit 3, 2014; Ord. 182 § 2 (part) 1997)
16.08 Residential Districts ¶
16.08.010 Purpose. ¶
This chapter provides regulations applicable to development and new land uses in the residential zoning districts established by 16.06.010 (Zoning Districts Established). The purposes of the individual residential zoning districts and the manner in which they are applied are as follows:
A. RR (Rural Residential) District. The RR zoning district identifies areas intended for low density, large lot single-family uses within a rural atmosphere, and may include the keeping of horses and other livestock, including kennels, as a permitted use in conjunction with the main residential use. Agricultural uses are allowable especially for buffering smaller lot single-family designations. The allowable density range is from 0.1 to 0.4 dwelling units per acre, with a minimum parcel size of 2.5 acres, unless designated within a master plan overlay. The RR zoning district is consistent with the large lot residential designation of the general plan;
B. ER-1 (Estate Residential 1) District. The ER-1 zoning district identifies areas appropriate for large lot singlefamily uses, and allows for the keeping of horses and other livestock in conjunction with the main residential use, including small scale agricultural uses appropriate far buffering smaller lot single-family designations. The allowable density range is from 0.4 to 1.0 dwelling units per acre, with a minimum parcel size of one acre, unless designated within a master plan overlay. The ER-1 zoning district is consistent with the large lot residential land use designations of the general plan;
C. ER-2 (Estate Residential 2) District. The ER-2 zoning district identifies areas appropriate for large lot singlefamily uses, and allows for the keeping of horses and other livestock in conjunction with the main residential use, including small scale agricultural uses appropriate for buffering smaller lot single-family designations. The allowable density range is from 1.0 to 2.0 dwelling units per acre, with a minimum parcel size of one-half acre, unless designated within a master plan overlay. The ER-2 zoning district is consistent with the single-family residential land use designations of the general plan;
D. ER-3 (Estate Residential 3) District. The ER-3 zoning district identifies areas appropriate for large lot singlefamily uses. This district is an appropriate transition zone between rural and the single family zones. The allowable density range is from 2.0 to 3.0 dwelling units per acre, with a minimum parcel size of ten thousand (10,000) square feet The ER-3 zoning district is consistent with the single-family residential designations of the general plan; E. SF-1 (Single-Family Residential 1) District. The SF-1 zoning district is applied to parcels appropriate for single-family subdivisions with a uniform lot pattern possessing a minimum parcel size of seven thousand two hundred (7,200) square feet. The allowable density range is from 2.1 to 5.0 units per acre. The SF-1 zoning district is consistent with the single-family residential land use designation of the general plan;
tial 1) District.** The SF-1 zoning district is applied to parcels appropriate for single-family subdivisions with a uniform lot pattern possessing a minimum parcel size of seven thousand two hundred (7,200) square feet. The allowable density range is from 2.1 to 5.0 units per acre. The SF-1 zoning district is consistent with the single-family residential land use designation of the general plan;
F. SF-2 (Single-Family Residential 2) District. The SF-2 zoning district is applied to parcels appropriate for single-family subdivisions which may include detached and attached single-family dwelling units with common walls. For attached units configured within two to three unit configurations, a planned residential development application is required. The allowable density range is from 5.1 to 10.0 units per acre. The minimum parcel size for detached singlefamily units is four thousand three hundred fifty (4,350) square feet, although a smaller lot size can be considered for the clustering of units. This can be accomplished through a planned residential development application process and associated findings. See Section 16.16.020 “Planned residential development general standards” for additional details and requirements. The clustering of units through the planned residential development review process is to encourage an aggregate of open space with units on individual parcels with commonly maintained open space, and on-site
recreational facilities required. The SF-2 zoning district is consistent with the residential land use designation of the general plan;
G. MF-1 (Multi-Family Residential 1) District. The MF-1 zoning district is applied to parcels appropriate for low density multi-family subdivisions which may include stacked flats or townhouse development, with ample amounts of open space, including required commonly maintained recreational and open space facilities. Air space, or postage stamp subdivisions providing individual ownership are allowed. The allowable density range is from 10.1 to fifteen (15) units per acre. The minimum parcel size for single-family detached units is five thousand (5,000) square feet. Clustering of units to provide aggregate open space is encouraged, with commonly maintained open space, and on-site recreation facilities. The MF-1 zoning district is consistent with the multi-family residential land use designation of the general plan;
H. MF-2 (Multi-Family Residential 2) District. The MF-2 zoning district is applied to parcels appropriate for high density multi-family development, in which attached or detached dwelling units may be air-space condominiums, or rented as apartments under single ownership. Senior housing, congregate care or group facilities are allowed, with commonly maintained recreational facilities and open space required. The allowable density range is from 15.1 to eighteen (18) units per acre. The MF-2 zoning district is consistent with the multi-family residential land use designation of the general plan; and
space condominiums, or rented as apartments under single ownership. Senior housing, congregate care or group facilities are allowed, with commonly maintained recreational facilities and open space required. The allowable density range is from 15.1 to eighteen (18) units per acre. The MF-2 zoning district is consistent with the multi-family residential land use designation of the general plan; and
I. MF-3 (Multi-Family Residential 3) District. The MF-3 zoning district is applied to parcels appropriate for higher density multi-family development, in which attached dwelling units, senior housing and assisted living facilities are allowed with commonly maintained recreational facilities and open space required. The allowable density range is from 18.1 to 29 units per acre. The MF-3 zoning district is consistent with the multi-family residential land use designation of the general plan.
J. MF-4 (Multi-Family Residential 4) District. The MF-4 zoning district is applied to parcels appropriate for the highest density multi-family development, in which large buildings of attached dwelling units, senior housing and affordable housing are allowed with commonly maintained recreational facilities and open space required. The allowable density range is a minimum of 30 units per acre. The MF-4 zoning district is consistent with the multifamily residential land use designation of the general plan.
TABLE 16.08-1
USE TABLE
FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS
Permit Requirement by District
| TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
|---|---|---|---|---|---|---|---|
| Symbol | Applicable Process | See Chapter | |||||
| P | Permitted Land Use - Compliance with development standards and zoning clearance required |
16.74 | |||||
| C | Conditional Use - Conditional use permit required | 16.52 | |||||
| "Blank" | Land use not | permitted | |||||
| Land Use(1) (2) | RR | ER-1 | ER-2 | ER-3 | SF-1 | SF-2 | See Standards in Section |
TABLE 16.08-1
USE TABLE
FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS
Permit Requirement by District
| TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
|---|---|---|---|---|---|---|---|
| Symbol | Applicable Process | See Chapter | |||||
| P | Permitted Land Use - Compliance with development standards and zoning clearance required |
16.74 | |||||
| C | Conditional Use - Conditional use permit required | 16.52 | |||||
| "Blank" | Land use not | permitted | |||||
| Land Use(1) (2) | RR | ER-1 | ER-2 | ER-3 | SF-1 | SF-2 | See Standards in Section |
| Agriculture, Open Space and Resources |
|||||||
| Animal Keeping | P | P | P | P | P | P | 16.44.040 |
| Crop Production, Commercial |
P | P | P | ||||
| Electric Vehicle Charging Stations(7) |
P | P | P | P | P | P | 15.63, 16.34, 16.44.115 |
| Equestrian Facilities, Commercial |
P | P | P | P | P | P | |
| Kennels Residential/Commercial |
P(3) | 16.44.040.E. 2. | |||||
| Nature Preserves | P | P | P | ||||
| Plant Nurseries, Commercial |
C | C | C | ||||
| Open Space | P | P | P | P | P | P | |
| Wind Conversion Energy Systems (non- commercial) |
C | ||||||
| Communication Facilities | |||||||
| Satellite Dishes/Antennas | P | P | P | P | P | P | 16.44.170A |
| Wireless Communication Facilities |
C | C | C | C | C | C | 16.44.170B |
| Education, Public Assembly and Recreation |
|||||||
| --- | --- | --- | --- | --- | --- | --- | --- |
| Bingo | C | C | C | C | C | C | 16.44.210 |
| Cannabis Cultivation, Processing, Delivery, and Dispensary (Commercial) |
|||||||
| Cannabis Dispensary (Recreational Retail Storefront) |
|||||||
| Cannabis Testing Laboratory |
|||||||
| Churches, places of worship |
C | C | C | C | C | C | |
| Cemeteries, Mortuaries, Crematoriums, Mausoleums |
C | C | C | ||||
| Golf Courses, Country Clubs, Driving Ranges |
C | C | C | C | C | ||
| Medicinal Cannabis Delivery Service (Mobile Activities for Patients and Caregivers) |
P | P | P | P | P | P | 16.44.250 |
| Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) |
|||||||
| Private Residential Recreational Facilities |
P | P | P | P | P | P | See definition |
| Schools | C | C | C | C | C | C | |
| Residential | |||||||
| Accessory Dwelling Units | P | P | P | P | P | P | 16.44.160 |
| Assisted Living/Skilled Nursing |
C | C | C | C | C | C | |
| Bed and Breakfast Inns | C | C | C | ||||
| Child Day Care Centers | C | C | C | C | C | C | 16.44.050 |
| Group Homes | P(11) | P(11) | P(11) | P(11) | P(11) | P(11) | 16.44.045 |
| Home Occupations | P | P | P | P | P | P | 16.60.030 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Junior Accessory Dwelling Unit |
P | P | P | P | P | P | 16.44.160 |
| Large Family Day-Care Homes - 9 to 14 children(5) |
P | P | P | P | P | P | 16.44.050 |
| Manufactured Housing (including mobile homes) (6) |
P | P | P | P | P | P | 16.44.050 |
| Marijuana Cultivation, Processing, Delivery, and Dispensary |
|||||||
| Medical Marijuana Dispensary |
|||||||
| Medical Marijuana Dispensary, Mobile |
|||||||
| Mobile Home Parks | C | C | C | C | C | C | |
| Model Homes/Sales Office |
P | P | P | P | P | P | |
| Multi-family Housing | P | ||||||
| Personal Services (Limited) |
P(9)(10) | P(9)(10) | P(9)(10) | P(9)(10) | P(9)(10) | P(9)(10) | See Definition 5.18, 16.44.270 |
| Residential Accessory Uses and Structures |
P | P | P | P | P | P | 16.44.150 |
| Residential Care Homes - up to 6 Clients |
P | P | P | P | P | P | |
| Residential Care Homes - 7+ Clients |
C | C | C | C | C | C | |
| Residential Wedding/Event Facilities(4) |
C | C | C | 16.44.230 | |||
| Rooming/Boarding Houses |
C | C | C | C | C | C | 16.44.150I |
| Short-Term Vacation Rentals (STVRs) - Hosted(8) |
P | P | P | P | P | P | 5.27 and 16.44.260 |
| Short-Term Vacation Rentals (STVRs) - Non- Hosted(8) |
P | P | P | 5.27 and 16.44.260 |
|||
| --- | --- | --- | --- | --- | --- | --- | --- |
| Single-family Homes | P | P | P | P | P | P | |
| Small Family Day-Care Homes - Up to 8 children(5) |
P | P | P | P | P | P | 16.44.050 |
| Supportive Housing | P | P | P | P | P | P | 16.44.200 |
| Transitional Housing (including SRO/Efficiency units |
P | P | P | P | P | P | 16.44.200 |
| TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS Permit Requirement by District |
|---|---|---|---|---|---|---|---|
| Notes: (1) See Section 16.04.020 regarding uses not listed. (2) See Article VI for definitions of the land uses listed. (3) Kennels existing as of January 1, 2014 within the RR zone are a legal-conforming land use and are permitted to continue in operation subject to no changes in the existing operation and/or compliance with the development standards contained in Section 16.44.040.E.2. (4) Minimum five (5) acre property. (5) Zoning clearance not required. (6) Any development standards imposed shall be limited to those specified in state law. See California Code of Regulations, Title 25 (Housing and Community Development), Division 1 for additional details and requirements. (7) For EVCS - Subject to the Minor Conditional Use Permit appeal provisions for identified Public Health and Safety issues as described in Chapter 15.63. (8) For STVRs - Subject to the Citywide maximum, locational, and operational criteria, as described in Chapter 5.27 and Section 16.44.260 of this Municipal Code. (9) Limited to a massage accessory use in conjunction with establishment of the following primary uses: assisted living/skilled nursing. No other personal service are permitted. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details. (10) Refer to Section 5.18.150 (Exemptions) for the types of “Professions and Services” which shall not be classified as a massage establishment. (11) Subject to a Special Permit issued pursuant to Section 16.44.045. |
|||||||
TABLE 16.08-2
USE TABLE
FOR RESIDENTIAL (MULTI-FAMILY) ZONING DISTRICTS
Permit Requirement by District
TABLE 16.08-2
USE TABLE
FOR RESIDENTIAL (MULTI-FAMILY) ZONING DISTRICTS
Permit Requirement by District
| Permit Requirement by District | Permit Requirement by District | Permit Requirement by District | Permit Requirement by District | Permit Requirement by District | Permit Requirement by District |
|---|---|---|---|---|---|
| Symbol | Applicable Process | See Chapter | |||
| P | Permitted Land Use - Compliance with development standards and zoning compliance required |
16.74 | |||
| C | Conditional Use - Conditional use permit required | 16.52 | |||
| MC | Minor Conditional Use - Conditional u required |
se permit | 16.52 | ||
| “Blank” | Land use not allowed | ||||
| Land Use(1) (2) | MF-1 | MF-2 | MF-3 | MF-4 | See Standards in Section |
| Agriculture, Open Space and Resources | |||||
| Open Space | P | P | |||
| Communication Facilities | |||||
| Satellite Dishes/Antennas | P | P | P | P | 16.44.170-A |
| Wireless Communication Facilities | C | C | C | C | 16.44.170-B |
| Education, Public Assembly and Recreation | |||||
| Bingo | C | C | See definition | ||
| Churches, Places of Worship | C | C | See definition | ||
| Recreational Facilities, Private | P | P | P | P | |
| Schools | C | C | C | C | |
| Parking | |||||
| Electric Vehicle Charging Stations(5) | P | P | P | P | 15.63, 16.34, 16.44.115 |
| Residential | |||||
| Accessory Dwelling Units(4) | P | P | P | P | 16.44.160 |
| Assisted Living/Skilled Nursing | C | C | C | C | See definition |
| Bed and Breakfast Inns | |||||
| Cannabis Cultivation, Delivery, Dispensary, and Processing (Commercial) |
|||||
| Cannabis Dispensary (Recreational Retail Storefront) |
|||||
| Cannabis Testing Laboratory | |||||
| Child Day-Care Centers | C | C | C | C | 16.60.050 |
| Home Occupations | P | P | P | P | 16.60.030 |
| Junior Accessory Dwelling Unit | |||||
| Large family Day-Care - 9 to 14 children(3) | P | P | P | P | Large family Day-Care - 9 to 14 children(3) |
| Manufactured Home | P | P | P | P | |
| Medicinal Cannabis Delivery Service (Mobile Activities for Patients and Caregivers) |
P | P | P | P | 16.44.250 |
| Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) |
|||||
| --- | --- | --- | --- | --- | --- |
| Mobile Home Parks | C | C | C | C | |
| Model Homes/Sales Office | P | P | P | P | |
| Multi-family Housing | P | P | P | P | |
| Residential Accessory Uses and Structures | P | P | P | P | 16.44.150 |
| Residential Care Homes - Up to 6 Clients | P | P | P | P | |
| Residential Care Homes - 7 or More Clients | C | C | C | C | |
| Rooming/Boarding Houses | C | C | 16.44.150I | ||
| Short-Term Vacation Rentals (STVRs) - Hosted(6) | P | P | P | P | 5.27 and 16.44.260 |
| Short-Term Vacation Rentals (STVRs) - Non- Hosted(6) |
|||||
| Small Family Day-Care Homes - Up to 8 children(3) | P | P | P | P | |
| Supportive Housing | P | P | P | P | |
| Transitional Housing (including SRO/Efficiency units) |
P | P | P | P | |
| Notes: (1) See Section 16.04.020.D regarding uses not listed. (2) See Article VI for definitions of the land uses listed. (3) Zoning clearance not required. (4) As it pertains to Accessory Dwelling Units, per Section 16.44.160, allowances for implementation are applied to the Downtown Murrieta Specific Plan per state law. (5) For EVCS - Subject to the Minor Conditional Use Permit appeal provisions for identified Public Health and Safety issues as described in Chapter 15.63. (6) For STVRs – Prohibited at Rental Units. Subject to the Citywide maximum, locational, and operational criteria, as described in Sections 5.27 and 16.44.260 of this Municipal Code. (7) Limited to a massage accessory use in conjunction with establishment of the following primary uses: assisted living/skilled nursing, residential care homes - up to 6 clients, residential care homes - 7 or more clients. No other personal services are permitted. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details. (8) Refer to Section 5.18.150 (Exemptions) for the types of “Professions and Services” which shall not be classified as a massage establishment. |
|||||
(Ord. 624-25 § 3, 2025; Ord. 602-24 § 3 (part), 2024; Ord. 598-23 § 5, 2023; Ord. 591-23, § 3 (part), 2023;Ord. 57422, Exhibit B-3 (part), 2022; Ord. 565-21, Exhibit B (part), 2021; Ord. 561-2020 § 3 (part), 2020; Ord. 556 §§ 2, 3, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 537, Exhibit A (part), 2018; Ord. 507 § 4 (part), 2016; Ord. 492 Exhibit 4, 2014; Ord. 486 § 2, 2014; Ord. 482 § 2, 2013; Ord. 480 § 4, 2013; Ord. 463 § 1, 2011; Ord. 427 § 1, 2009; Ord. 408 § 2, 2008; Ord. 382 § 5, 2007; Ord. 367 § 4 (part), 2006; Ord. 293 § 1 (part), 2004; Ord. 280 § 1, 2003; Ord. 269 § 2 (part), 2002; Ord. 253 § 2 (part), 2002; Ord. 202 § 2 (part), 1999; Ord. 182 § 2 (part), 1997)
16.08.020 Residential Districts General Development Standards. ¶
New land uses and structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table 16.08-3, in addition to the applicable design standards
in Sections 16.08.030 and 16.08.040 and the general development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards).
Note: Click to view a printer-friendly PDF of Table 16.08-3
TABLE 16.08-3
RESIDENTIAL (SINGLE-FAMILY) ZONES
| GENERAL DEVELOPMENT STANDARDS | GENERAL DEVELOPMENT STANDARDS | GENERAL DEVELOPMENT STANDARDS | GENERAL DEVELOPMENT STANDARDS | ||||
|---|---|---|---|---|---|---|---|
| Development Feature | RR | ER-1 | ER-2 | ER-3 | SF-1 | SF-2(3) | |
| TABLE 16.08-3 | |||||||
| RESIDENTIAL (SINGLE-FAMILY) ZONES | |||||||
| GENERAL DEVELOPMENT STANDARDS | |||||||
| Development Feature | RR | ER-1 | ER-2 | ER-3 | SF-1 | SF-2(3) | |
| Minimum Parcel Size | 2.5 acres(2) | 1.0 acres | 0.5 acres(1) | 10,000 sq. | 7,200 sq. ft. | 4,350 sq. ft. | |
| ft. | |||||||
| Density Range | 0.1 - 0.4 | 0.4 - 1.0 | 1.0 - 2.0 | 2.0 - 3.0 | 2.1 - 5.0 | 5.1 - 10.0 | |
| dus/acre | dus/acre | dus/acre | dus/acre | dus/acre | dus/acre | ||
| Minimum Parcel Width | 100 feet | 100 feet | 100 feet | 70 feet | 70 feet | 55 feet, 45 feet for parcels | |
| less than 5,000 square feet. | |||||||
| This parcel width shall be | |||||||
| increased to a 50 foot | |||||||
| width for every fifth lot on | |||||||
| a non-cul-d e- | |||||||
| sac parcel street frontage. | |||||||
| Minimum Livable Area | 1,000 sq. ft. | 1,000 sq. ft. | 1,000 sq. ft. | 1,000 sq. ft. | 1,000 sq. ft. | 1,000 sq. ft. | |
| in Sections 16.08.030 and 16.08.040 and the general development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards). Note: Click to view a printer-friendly PDF of Table 16.08-3 |
in Sections 16.08.030 and 16.08.040 and the general development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards). Note: Click to view a printer-friendly PDF of Table 16.08-3 |
in Sections 16.08.030 and 16.08.040 and the general development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards). Note: Click to view a printer-friendly PDF of Table 16.08-3 |
in Sections 16.08.030 and 16.08.040 and the general development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards). Note: Click to view a printer-friendly PDF of Table 16.08-3 |
in Sections 16.08.030 and 16.08.040 and the general development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards). Note: Click to view a printer-friendly PDF of Table 16.08-3 |
in Sections 16.08.030 and 16.08.040 and the general development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards). Note: Click to view a printer-friendly PDF of Table 16.08-3 |
in Sections 16.08.030 and 16.08.040 and the general development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards). Note: Click to view a printer-friendly PDF of Table 16.08-3 |
|
| --- | --- | --- | --- | --- | --- | --- | |
| TABLE 16.08-3 RESIDENTIAL (SINGLE-FAMILY) ZONES |
|||||||
| GENERAL DEVELOPMENT STANDARDS | |||||||
| Development Feature | RR | ER-1 | ER-2 | ER-3 | SF-1 | SF-2(3) | |
| TABLE 16.08-3 RESIDENTIAL (SINGLE-FAMILY) ZONES |
|||||||
| GENERAL DEVELOPMENT STANDARDS | |||||||
| Development Feature | RR | ER-1 | ER-2 | ER-3 | SF-1 | SF-2(3) | |
| Minimum Parcel Size | 2.5 acres(2) | 1.0 acres | 0.5 acres(1) | 10,000 sq. ft. |
7,200 sq. ft. | 4,350 sq. ft. | |
| Density Range | 0.1 - 0.4 dus/acre |
0.4 - 1.0 dus/acre |
1.0 - 2.0 dus/acre |
2.0 - 3.0 dus/acre |
2.1 - 5.0 dus/acre |
5.1 - 10.0 dus/acre |
|
| Minimum Parcel Width | 100 feet | 100 feet | 100 feet | 70 feet | 70 feet | 55 feet, 45 feet for parcels less than 5,000 square feet. This parcel width shall be increased to a 50 foot width for every fifth lot on a non-cul-d e- sac parcel street frontage. |
|
| Minimum Livable Area | 1,000 sq. ft. | 1,000 sq. ft. | 1,000 sq. ft. | 1,000 sq. ft. | 1,000 sq. ft. | 1,000 sq. ft. | |
| Setbacks | |||||||
| Front | 20 feet | 20 feet | 20 feet | 20 feet | 20 feet | 20 feet | |
| Interior | 20 feet | 20 feet | 20 feet | 10 feet | 10 feet | 7.5 feet per side. For parcels less than 5,000 sq. ft. = A minimum of an average of 12 feet overall for the combinati on of both interior sides with no side setback of less than 5 feet. |
|
| Street Side | 20 feet | 20 feet | 20 feet | 20 feet | 20 feet | 10 feet | |
| Rear | 20 feet | 20 feet | 20 feet | 20 feet | 20 feet | 20 feet | |
| Accessory Structures | Consistent with Section | 16.44.150 | |||||
| Maximum Parcel Coverage | 25% | 25% | 35% | 35% | 35% for two- story; 45% for single story |
50% | |
| Maximum Building Height | 40 feet | 40 feet | 40 feet | 35 feet | 35 feet | 35 feet | |
| --- | --- | --- | --- | --- | --- | --- | |
| Minimum On-site Landscaping |
25% of front yard | area | |||||
| Small Attached Unit Configuration |
Refer to Section 16.16.020 “Planned Residential Development General Standards” for development standards and project review and 16.16.030 “Planned Residential Development Design Standards and Parameters.” |
||||||
| Notes: (1) A forty (40) foot wide buffer shall be provided along Washington Avenue (from Guava to Elm Street) in the public right-of-way. Landscaping to include six-foot high block wall, pedestrian trails and/or sidewalk, and landscaping berms to act as natural buffers. New residential projects will be allowed to access from Washington Avenue with residential lots abutting Washington Avenue are prohibited from taking direct access from Washington Avenue. (2) The minimum parcel area for properties zoned RR can include adjacent area to the centerline of the public street right-of-way. (3) For projects proposing a clustering configuration with detached single-family homes or within small attached unit configurations, please see 16.16.020 “Planned Residential Development General Standards” and 16.16.030 “Planned Residential Development Design Standards and Parameters” for requirements. |
|||||||
TABLE 16.08-4 RESIDENTIAL (MULTI-FAMILY) ZONES GENERAL DEVELOPMENT STANDARDS
Development Feature MF-1[(5)] MF-2 MF-3 MF-4
TABLE 16.08-4
RESIDENTIAL (MULTI-FAMILY) ZONES GENERAL DEVELOPMENT STANDARDS
| TABLE 16.08-4 RESIDENTIAL (MULTI-FAMILY) ZONES GENERAL DEVELOPMENT STANDARDS |
TABLE 16.08-4 RESIDENTIAL (MULTI-FAMILY) ZONES GENERAL DEVELOPMENT STANDARDS |
TABLE 16.08-4 RESIDENTIAL (MULTI-FAMILY) ZONES GENERAL DEVELOPMENT STANDARDS |
TABLE 16.08-4 RESIDENTIAL (MULTI-FAMILY) ZONES GENERAL DEVELOPMENT STANDARDS |
TABLE 16.08-4 RESIDENTIAL (MULTI-FAMILY) ZONES GENERAL DEVELOPMENT STANDARDS |
|---|---|---|---|---|
| Development Feature | MF-1(5) | MF-2 | MF-3 | MF-4 |
| Minimum Parcel Size | 1 acre | 1 acre | 1 acre | 1 acre |
| Minimum Parcel Width | 100 feet | 100 feet | 100 feet | 100 feet |
| Density Range | 10.1 - 15 du/acre | 15.1 - 18.0 du/acre | 18.1 - 29.0 du/acre | Min. 30 du/acre |
| Minimum Livable Area | 500 sq. ft. | 500 sq. ft. | 500 sq. ft. | 500 sq. ft. |
| Setbacks | ||||
| Street | 10 feet | 10 feet | 10 feet | 10 feet |
| Interior | 10 feet | 10 feet | 10 feet | 10 feet |
| Maximum Parcel Coverage | 35% | 35% | 50% | None |
| Maximum Height Limit | 50 feet | 50 feet | 60 feet | 100 feet |
| Open Space (per dwelling unit) | ||||
| Private Open Space | 60 sq. ft./upper floor 100 sq. ft./ground floor |
60 sq. ft./upper floor 100 sq. ft./ground floor |
All units 50 sq. ft.(2) | All units 50 sq. ft.(2) |
| Common Open Space | 200 sq. ft. | 200 sq. ft. | 150 sq. ft.(3) | 150 sq. ft.(3) |
| Recreational Amenities | For projects containing 25 or |
For projects containing 25 or |
For projects containing 25 or |
For projects containing 25 or |
| more dwelling units, provide one recreational amenity for each 30 dwelling units or fraction thereof(4) |
more dwelling units, provide one recreational amenity for each 30 dwelling units or fraction thereof(4) |
more dwelling units, provide one recreational amenity for each 30 dwelling units or fraction thereof(4) |
more dwelling units, provide one recreational amenity for each 30 dwelling units or fraction thereof(4) |
|
| --- | --- | --- | --- | --- |
| Minimum On-site Landscaping | 10% of the site area | |||
| Notes: (1) When adjacent to existing single-family residential use or zone, the building setback from the nearest property line shall be 10 feet for the first 25 feet in height, above 25 feet in height the setback shall be 20 feet, and above 50 feet, the setback shall be 30 feet. (2) For stand-alone multi-family residential projects or as part of a mixed-use development, each residential unit shall be provided with at least one area of private open space accessible directly from the living area of the unit, in the form of fenced yard or patio, a deck or balcony at a minimum area of 50 square feet. The minimum dimension, width or depth of a balcony shall be 5 feet. (3) All common open space shall be conveniently located and accessible to all dwelling units on the site. Common open space may include landscaping, pedestrian paths and recreational amenities. In projects containing fewer that 10 units, the common open space shall have a minimum width and depth of 10 feet. In projects containing 10 or more or units, the minimum width and depth shall be 20 feet. (4) One common recreational amenity shall be provided for each 30 units or fraction thereof. The following listed amenities satisfy the above recreational facilities requirements. Recognizing that certain facilities serve more people than others, have a wider interest or appeal, and/or occupy more area, specified items may be counted as two amenities, as noted. In all cases, each square foot of land area devoted to a recreational amenity shall be credited as common open space on a 1:1 basis. a. Clubhouse (two) b. Swimming Pool (two) c. Tennis, Basketball or Racquetball court d. Weightlifting facility e. Children’s playground equipment f. Sauna or Jacuzzi g. Day Care Facility (two) h. Other recreational amenities deemed adequate by the director. (5) For projects proposing a clustering configuration with detached single-family homes or within small attached unit configurations, please see 16.16.020 “Planned Residential Development General Standards” and 16.16.030 “Planned Residential Development Design Standards and Parameters” for requirements. |
||||
(Ord. 598-23 § 3, 2023; Ord. 591-23, § 3 (part), 2023; Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 538, Exhibit A (part), 2018; Ord. 492 Exhibit 4, 2014; Ord. 482-13 § 2, 2013; Ord. 377 § 3, 2006; Ord. 367 § 3, 2006; Ord. 297 § 2, 2004; Ord. 293 § 1 (part), 2004: Ord. 280 § 2, 2003; Ord. 253 § 2 (part), 2002; Ord. 182 § 2 (part), 1997)
16.08.030 Single-family Residential Design Standards and Design Features. ¶
The following standards and design features are provided to ensure a level of quality that must be compiled with or satisfied in all new single-family residential subdivisions. Standards are mandatory requirements for all new singlefamily residential subdivisions. Design features are provided to allow flexibility by providing options for implementing specific standards. In order to meet a certain standard, one or a combination of design features shall be incorporated in the project’s design. In some instances, there will be no design feature(s) identified for a particular standard.
A. Site Planning. The following standards and design features deal with the internal organization of new singlefamily residential development. The intent of the standards and design features are to ensure that the relationships of units to each other and to other on-site uses are functional, attractive, and create visual variety along the project's streets.
1. Site Character.
a. Standard: Existing natural amenities (e.g., views, mature trees, and topographic features) and other amenities (e.g., structures of architectural significance and cultural resources) unique to the site shall be preserved and incorporated into the project's design whenever possible.
b. Standard: Development on sloped properties shall generally follow the natural contours of the land by use of at least one of the following design features:
- Terrace parking lots to conform with the terrain.
- Step building foundations and retaining walls to follow natural terrain.
- Avoid grading large, flat pads in hilly terrain.
- Provide larger setbacks to preserve natural landforms.
2. Variation of Development Patterns.
a. Standard: Variation of development patterns shall be incorporated in new subdivisions to achieve visual
diversity and avoid a monotonous appearance by use of at least one of the following design features:
Alternate placement of homes and garages closer to and farther back from the street to create different patterns of open space along the street edge and to break up an otherwise monotonous view of houses built along the same setback.
Vary the distance between adjacent structures, or between structures and fences to result in different types of yards and private patio areas and to create variety and interest.
Design some lots wider and some narrower than the average to provide different amounts of open area between structures and to allow placement of different shapes and sizes of homes. On narrow lots, a variation of only three or four feet can make a perceptible difference in the street scene.
When lot size permits. vary garage placement and orientation through the provision of garages on the front side of the house, which can be entered from the front or side, garages that vary in size. or detached garages connected to the home by breezeways.
Varied Garage Placement
3. Streets.
a. Standard: New project streets shall connect with existing public streets to form a continuous neighborhood network of streets whenever possible.
b. Standard: New residential streets shall be developed with parkways in compliance with the city's standards Plans Manual when required by the Director.
c. Standard: Private streets are allowed in gated communities for projects of fifty (50) units or more. Standards for private streets shall be those specified in the city's standards Plans Manual.
d. Standard: Blocks longer than five hundred (500) feet are discouraged, but may be considered provided they incorporate at least one of the following design features:
Significant differences shall be incorporated in the massing and composition (not just finish materials) of each adjacent house. Varied designs shall not be repeated more frequently than every fourth house.
Each group of three adjacent houses shall contain at least one house whose front setback differs from those of its neighbors by a minimum of five feet. Minimum setback requirements may be reduced to eighteen (18) feet to accommodate this variation. Average front yard setback shall be no less than twenty (20) feet.
Curved streets shall be integrated into the block design with radii to the centerline of the street, in conformance with city standards.
- e. Standard: Private streets with gated entries shall provide a queuing distance in front of the gate to
accommodate a minimum of four vehicles. The director may require a greater distance for larger projects.
4. Landscaping.
- a. Standard: Landscaping shall be used to frame, soften, and embellish the quality of the residential
environment, to buffer units from noise or undesirable views, to break up large expanses of parking, and to separate frontage roads within a project from adjacent major streets.
b. Standard: Street trees along all public and private streets shall be provided in compliance with cur-rent city standards.
c. Standard: Existing healthy trees shall be preserved and incorporated into the new project's landscaping in compliance with Chapter 16.42 (Tree Preservation).
5. Walls.
a. Standard: Walls shall be designed using masonry materials such as split face and slumpstone, with colors that complement the architectural design of adjacent buildings.
b. Standard: Walls adjacent to streets shall run in a continuous plane for more than forty-eight (48) feet
without incorporating at least two of the following design features:
- A minimum two-foot change in plane for at least ten feet;
- A minimum eighteen- (18-) inch raised planter for at least ten feet;
- A minimum eighteen- (18-) inch change in height for at least ten feet;
- Use of pilasters at forty-eight (48) foot intervals and at changes in wall planes and height; or
- A section of open grillwork a minimum four feet in height for at least ten feet.
B. Architectural Standards.
1. Building Design. There is no specific architectural "style" required for residential structures. In general, residential structures should consider compatibility with surrounding character, including building style, form, size, color, material, and roof line.
a. Standard: The design of houses shall be varied in tract developments to create variety and interest by use of at least one of the following design features:
- Provide a significant difference in the massing, orientation, and composition (not just finish materials and
colors) for each adjacent house should be accomplished.
- One design shall not be repeated more frequently than each fourth house.
- Alternative garage orientations shall be used on at least every fourth house.
b. Standard: If a side or rear elevation faces a street, it shall be designed with the same care and attention to detail as the front elevation.
c. Standard: Exterior elevations shall be articulated and detailed to provide visual interest and scale by use of at least three of the following design features:
- Offset building planes a minimum of two feet.
- Provide recessed entries and windows.
- Include projecting or recessed balconies.
- Substantial roof overhangs with detailed rafter ends.
- Design front porches a minimum of five feet deep.
- Dormer windows.
- Stepping back the second story.
- Use of different building materials with varying textures and colors.
d. Standard: Full, sloped roofs and horizontal roof articulation shall be incorporated in building designs by use of one of the following design features:
- Offset roof planes by a minimum of two feet.
- Provide hip roof on street-facing elevations.
- Incorporate dormer windows.
- Include cross gables.
e. Standard: All corner lots in subdivisions recorded after December 19, 2006 on two street frontages that are
designated as a collector or greater street type shall be single-story homes.
f. Standard: A minimum of 25% or the total number of homes in a subdivision of ten or more lots recorded after December 19, 2006 shall be single-story homes. The required mix of two-story homes and single-story homes shall be evenly plotted within the subdivision, with no more than three two-story homes next to each other, unless the requirement is waived by the Planning Director.
g. Standard: Solar panels shall be integrated into the roof design, flush with the roof slope. Frames shall be colored to match roof colors. Any support equipment shall be enclosed and screened from view.
2. Building Materials.
Standard: The choice and mix of materials on the facades of residential units and garage doors within a
subdivision shall be consistently applied and shall be chosen to work harmoniously with adjacent materials by use of at least one of the following features:
- Piecemeal embellishment and frequent changes in materials shall be avoided.
- Avoid material changes at the outside corners of structures or where there is no change in the wall plane to
prevent giving an impression of thinness and artificiality.
- Design changes in materials to occur at changes in plane to ensure that materials appear substantial and
integral to the structure.
(Ord. 538, Exhibit A (part), 2018; Ord. 492 Exhibit 4, 2014; Ord. 377 § 4, 2006; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.08.040 Multi-family Residential Design Standards. ¶
The following standards and design features and the City's Multi-Family Residential and Mixed-Use Objective Design Standards, as adopted by ordinance or resolution of the City Council and incorporated as part of this section by reference, are provided to ensure a level of quality that must be compiled with or satisfied in all multi-family residential developments. Standards are mandatory requirements for all multi-family residential developments. Design features are provided to allow flexibility by providing options for implementing specific standards. In order to meet a certain standard, one or a combination of design features shall be incorporated into the project's design. In some instances, there will be no design feature(s) identified for a particular standard and this will be noted. In the event of a conflict between a standard or feature set forth below and a standard or feature set forth in the City's adopted MultiFamily Residential and Mixed-Use Objective Design Standards, the most recently adopted revision shall control.
A. Site Planning.
1. Site Character.
a. Standard: Existing natural amenities (e.g., views, mature trees, and topographic features) and other amenities (e.g., structures of architectural significance and cultural resources) unique to the site shall be preserved and incorporated into the project's design whenever possible.
b. Standard: Development on sloped properties shall generally follow the natural contours of the land by use of at least one of the following design features:
- Terrace parking lots to conform with the terrain.
- Step building foundations and retaining walls to follow natural terrain.
- Avoid grading large flat pads in hilly terrain.
- Provide larger setbacks to preserve natural landforms.
Preserve natural contour of the land
2. Building Placement.
a. Standard: Buildings shall be placed with varying setbacks and/or orientation to the street to pro-vide visual interest.
b. Standard: Clustering of multi-family units shall be a consistent site planning element. Buildings composed of a series of simple yet varied planes, assure compatibility and variety in overall building form.
c. Standard: Minimum distances between buildings shall be in compliance with Section 16.18.130
(Separation and Privacy standards for Residential Structures). Whenever possible, buildings shall be oriented to avoid instances where living spaces of one structure face the living spaces of another.
d. Standard: Buildings shall be oriented to create common open space areas.
- Courtyards
- Open space nodes
- Recreation areas
e. Separation Between Structures. See Section 16.18.130 for requirements.
B. Parking and Circulation.
1. Parking Areas.
a. Standard: Parking areas shall not be a dominant site feature and shall be divided into a series of connected smaller lots that are laid out in an efficient and aesthetic manner. This can be accomplished by incorporating at least one of the following design features:
- There should be no more than an average often spaces of uninterrupted parking, whether in garages, carports, or open parking areas. Each ten spaces should be separated from additional spaces by a landscaped bulb equal to the width of one parking stall.
- Parking areas should not consist of more than two double-loaded parking aisles adjacent to each other.
- Parking areas should be separated from each other by buildings or by landscaped buffer not less than thirty
(30) feet wide.
b. Standard: Parking areas shall be treated as "landscape plazas," with attention to landscape surfaces, softened edges, shade, and pedestrian circulation. This can be accomplished by incorporating at least one of the following design features:
- Provide pedestrian connections to adjoining public rights-of-way and commercial land uses when
appropriate.
- Enhanced paving materials, trellises, and landscaping to accentuate the pedestrian circulation system.
- Landscaped bulbs in parking areas to align with pedestrian access to buildings from a parking area. Bulbs should be at least two car spaces wide and include a 'walkway' as well as a vertical landscape or architectural element (e.g., a trellis or a tree).
2. Access Drives.
a. Standard: Access drives shall be located at least two hundred (200) feet apart and at least one hundred (100) feet from property lines and street intersections unless an approved shared drive is provided, or the driveway location does not create a traffic hazard to adjacent property.
b. Standard: Access drives shall be located off of side streets and alleys whenever possible.
c. Standard: Access drives on larger residential projects (more than fifty (50) units) shall include a minimum five-foot-wide landscaped median including curbs, color/textured paving, and other “gateway” elements (e.g., lights, bollards, entry walls, etc.).
d. Standard: Housing developments with more than two hundred (200) parking stalls (inclusive of the spaces located within carports and enclosed garages), that are located on an arterial or a larger street shall provide deceleration lanes adjacent to each major entry per city standards.
3. Carports and Garages.
a. Standard: Where carports or garages are utilized, they shall follow the same criteria for spatial arrangement as parking areas above.
b. Standard: See “Carports, Visual Requirements” under Section 16.34.070(J)(2).
C. Miscellaneous Subjects.
1. Solid Waste and Recyclable Materials Storage Areas.
a. Standard: Solid waste and recyclable materials storage areas shall be enclosed and screened in compliance with 16.18.150 (Solid Waste and Recyclable Materials).
b. Standard: Enclosures shall be finished using materials compatible with the surrounding architecture. Gates shall be solid metal painted to match adjacent buildings.
c. Standard: The location of storage areas shall be conveniently accessible for trash removal by standard refuse disposal vehicles.
d. Standard: Storage areas that can be overlooked from above shall incorporate roof structures to screen the contents of the enclosure from view.
2. Open Space.
a. Standard: The amount of private and common open space for multi-family residential developments shall be in compliance with 16.08.020 (Residential District Development standards).
b. Standard: The design and orientation of open space shall be oriented to take advantage of avail-able sunlight and should be sheltered from the noise and traffic of adjacent streets.
c. Standard: Common open spaces and recreation areas shall be located in areas accessible to and visible by as many units as possible.
d. Standard: Private open spaces shall be contiguous to the units they serve and screened to a minimum height of four feet by use of at least one of the following design features:
- Plant materials and low walls.
- When possible, use the adjacent structure to enclose private open space.
- Screening should not be completely comprised of solid materials. Screening above four feet should provide
a maximum of sixty (60) percent opaqueness.
3. Screening of Equipment.
a. Standard: All mechanical equipment, whether mounted on the roof or ground, shall be screened from view in compliance with 16.18.120 (Screening and Buffering). All screening devices shall be compatible with the architecture and color of the adjacent buildings.
b. Standard: Gutters and downspouts shall be concealed unless designed as a particular architectural feature.
c. Standard: Television antennas shall be placed in attics or building interiors. It is required that all units be prewired to accommodate cable reception.
d. Standard: Solar panels shall be integrated into the roof design, flush with the roof slope. Frames shall be colored to match roof colors. Any support equipment shall be enclosed and screened from view.
D. Building Architecture.
1. General.
a. Standard: Exterior elevations shall be appropriately articulated and detailed to avoid flat, monotonous wall planes and uninteresting barracks-like structures. This can be accomplished by incorporating a variety of the following design features:
- Provide at least one architectural projection not less than two feet from the wall plane and not less than eight feet wide. Projections should extend the full height of single-story buildings, at least one-half the height of a two-story building, and two-thirds the height of a three-story building.
- Use a change in wall plane of at least three feet for at least twelve (12) feet between adjacent units.
- Provide balconies, porches, arcades, dormers, and cross gables.
- Recess entries and windows to reveal the thickness of walls.
- Step back second and third stories.
- Use different building materials with varying textures and colors.
- Recess garages under units or provide open balconies above.
- Use combinations of one-, one-and-a-half-, and two-story units to create variation and visual interest.
- Use vertical elements (e.g., towers) to accent horizontal massing and provide visual interest.
b. Standard: The maximum number of attached units in a particular structure shall be eight within a single elevation unless variations in the elevations are provided.
c. Standard: All accessory structures (e.g., laundry facilities, recreation buildings and sales/lease offices) shall be consistent in architectural design with the rest of the complex.
2. Building Materials.
a. Standard: The building and its elements shall be unified in textures, colors, and materials to pro-vide an order and coherence within the project.
b. Standard: The composition of materials shall avoid giving the impression of thinness. Veneers should turn corners, avoiding exposed edges.
- c. Standard: The use of artificial materials (e.g., imitation brick, stone, and other simulated materials) is not allowed.
d. Standard: Materials shall be very durable, require low maintenance, and relate a sense of permanence.
e. Standard: Frequent changes in materials shall be avoided.
f. Standard: Columns, trellises, porches, colonnades, and similar elements shall use materials and colors that are compatible with the adjacent building.
g. Standard: The use of wood fencing along a project boundary or adjacent to streets shall not be allowed.
3. Roofs.
a. Standard: Roofs shall reflect a residential appearance through pitch and use of materials, by use of at least one of the following design features:
- Hipped or gabled roofs covering the entire building are preferable to mansard roofs and segments of
pitched roofs applied at the building's edge.
- Roof lines (i.e., ridges and plate heights) shall be broken and varied within an overall horizontal context.
The minimum vertical offset should be two feet.
- Use dormers and cross gables to break up large unarticulated roof planes.
b. Standard: Carport roofs visible from public streets shall incorporate roof slope and materials to match adjacent buildings.
c. Standard: Tile rooting materials shall reflect the color of native earthen clay which were used in their manufacture. Blue, green, and other artificially colored tiles are not allowed.
4. Stairs.
- a. Standard: Stairwells shall be designed to minimize visual impact to the greatest extent feasible.
b. Standard: For public safety purposes, opportunities for natural surveillance shall be provided into and out of stairwells.
- c. Standard: Stairwells shall be illuminated to minimize shadows and facilitate overall vision, but should not be overly bright.
d. Standard: Prefabricated metal stairs shall not be allowed.
e. Standard: Stair railings shall be either solid or open balusters made of concrete, wood or ornamental ironwork.
5. Color.
a. Standard: The predominant color of structures shall be muted tones that are found in the natural
environment by use of at least one of the following design features:
- Neutral or light-colored walls should be contrasted with a darker, more intense trim color, while dark-
colored walls should be contrasted with light-colored accents and details.
- Materials such as brick, stone, copper, etc., should be left in their natural colors.
6. Security.
a. Standard: Both public and private spaces shall be limited and shall be appropriately delineated with paving, building materials, grade separations, or with physical barriers such as landscaping, fences, walls, screens, or building enclosures.
b. Standard: Entrances for automobiles and pedestrians shall be limited to the minimum required for adequate circulation and shall be marked with gates, lights, and a directory.
c. Standard: All site entrances shall be designed to be highly visible from a public street or alleyway. All access points shall be well lighted.
7. Walls.
a. Standard. Walls shall be designed using masonry materials such as split face and slump stone, with colors that complement the architectural design of adjacent buildings.
b. Standard: Walls adjacent to streets shall not run in a continuous plane for more than forty-eight (48) feet without incorporating at least two of the following design features:
- A minimum two-foot change in plane for at least ten feet;
- A minimum eighteen (18) inch raised planter for at least ten feet;
- Use of pilasters at forty-eight (48) foot intervals and at changes in wall planes and height; or
- A section of open grillwork a minimum four feet in height for at least ten feet.
(Ord. U-596-23 § 4, 2023; Ord. 595-23, § 3, 2023; Ord. 590-23, § 4, 2023; Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 556 § 4, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 492 Exhibit 4, 2014; Ord. 293 § 1 (part), 2004)
16.10 Commercial Districts ¶
16.10.010 Purpose. ¶
This chapter provides regulations applicable to development and new land uses in the commercial zoning districts established by 16.06.010 (Zoning Districts Established). The purposes of the individual commercial zoning districts and the manner in which they are applied are as follows:
A. NC (Neighborhood Commercial) District. The NC zoning district is applied to areas appropriate for convenience shopping, including individual retail and service uses and small destination centers on sites generally three to ten acres in size. Appropriate buffering between adjacent residential designations is required. The NC zoning district is consistent with the commercial land use designation of the general plan;
B. CC (Community Commercial) District. The CC zoning district is applied to areas appropriate to serve the daily shopping needs of the community, including destination centers, supermarkets, and smaller, single-lot, commercial activities. Financial, office and restaurant activities are also allowed. Appropriate buffering between adjacent residential designations is required. Community centers are generally ten (10) to thirty (30) acres in size. The CC zoning district is consistent with the commercial land use designation of the general plan;
C. RC (Regional Commercial) District. The RC zoning district is applied to areas appropriate for major regional centers containing several major anchor tenants, including, but not limited to, financial, hotel, motel, restaurant, smaller retail, theater and accessory uses, with landscaping, parking access, and signs designed and provided in common. Regional centers are generally thirty (30) acres or larger in size. The RC zoning district is consistent with the commercial land use designation of the general plan.
TABLE 16.10-1
USE TABLE
FOR COMMERCIAL ZONING DISTRICTS
| TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
|---|---|---|---|---|
| Symbol | Applicable Process | See Chapter | ||
| P | Permitted Land Use - Compliance with development standards and zoning clearance required |
16.74 | ||
| C | Conditional Use - Conditional use permit required |
16.52 | ||
| 'Blank" | Land use not permitted | |||
| Land Use(1) (2) | NC | CC | RC | See Standards in Section |
| Billboards subject to a relocation agreement | C | C | C | 16.38.150 |
| Short-Term Vacation Rentals (STVRs) - Hosted | ||||
| Short-Term Vacation Rentals (STVRs) - Non-Hosted | ||||
| Agriculture, Open Space and Resources |
TABLE 16.10-1
USE TABLE
FOR COMMERCIAL ZONING DISTRICTS
| TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
|---|---|---|---|---|
| Symbol | Applicable Process | See Chapter | ||
| P | Permitted Land Use - Compliance with development standards and zoning clearance required |
16.74 | ||
| C | Conditional Use - Conditional use permit required |
16.52 | ||
| 'Blank" | Land use not permitted | |||
| Land Use(1) (2) | NC | CC | RC | See Standards in Section |
| Billboards subject to a relocation agreement | C | C | C | 16.38.150 |
| Short-Term Vacation Rentals (STVRs) - Hosted | ||||
| Short-Term Vacation Rentals (STVRs) - Non-Hosted | ||||
| Agriculture, Open Space and Resources | ||||
| Plant Nurseries | P | P | ||
| Communication Facilities | ||||
| Broadcast/Recording Studios | C | C | C | |
| Satellite Dishes/Antennas | P | P | P | 16.44.170A |
| Wireless Communication Facilities | C | C | C | 16.44.170B |
| Education, Public Assembly and Recreation | ||||
| Bingo | C | C | C | 16.44.210 |
| Gaming Clubs | Chapter 9.15 | |||
| Churches, Places of Worship | C | C | C | |
| Cyber Cafe | C | Chapter 5.14 | ||
| Indoor Commercial Recreation | C | C | C | See definition |
| Health and Fitness Centers | P | P | P | |
| Libraries and Museums | P | P | P | |
| Membership Organization Facilities | C | C | ||
| Nightclubs | C | C | 16.44.030 | |
| --- | --- | --- | --- | --- |
| Outdoor Commercial Recreation | C | P | P | See definition |
| Personal Instruction | ||||
| Schools, Specialized Education and Training | P | P | P | |
| Schools, College and Universities | C | C | C | |
| Schools, K-12 | C | C | C | |
| Studios, Professional | P | P | P | See definition |
| Theaters, Auditoriums, Meeting Halls, and Conference Facilities | C | C | C | |
| Manufacturing and Processing | ||||
| Handicraft Industries, Small Scale Assembly | P | P | ||
| Printing and Publishing | C | P | P | |
| Recycling Facilities - Small Collection Facility | C | C | 16.44.140 | |
| Recycling Facilities - Reverse Vending Machines | C | C | 16.44.140 | |
| Residential | ||||
| Assisted Living/Skilled Nursing | C | C | See definition | |
| Emergency Residential Shelters | C | C | 16.44.200 | |
| Single Room Occupancy | P | See definition | ||
| Supportive Housing | P | |||
| Transitional Housing | P | |||
| Retail Trade | ||||
| Appliance Sales | P | P | ||
| Art, Antiques, Collectibles and Gifts | P | P | P | |
| Auto, Mobile Home and Vehicle Sales (new/used outdoor) | C | C | See definition | |
| Auto Sales (indoor) | C | C | ||
| Auto (motor vehicle) parts sales | P | P | ||
| Bars | C | C | C | 16.44.030 |
| Building Material Stores | C | C | ||
| Cannabis Cultivation, Delivery, Dispensary, and Processing (Commercial) |
||||
| --- | --- | --- | --- | --- |
| Cannabis Dispensary (Recreational Retail Storefront) | ||||
| Cannabis Testing Laboratory | ||||
| Convenience Stores | P | P | P | 16.44.030 |
| Eating and Drinking Establishments | P | P | P | 16.44.030 |
| Farm Equipment and Supply Sales | C | C | ||
| Furniture and Furnishings | P | P | ||
| Grocery Stores | P | P | P | 16.44.030 |
| Liquor Stores | C | C | C | 16.44.030 |
| Medicinal Cannabis Delivery Service (Mobile Activities for Patients and Caregivers) |
P | P | P | 16.44.250 |
| Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) |
||||
| Outdoor Display and Sales | C | C | ||
| Pet Shops | P | P | P | |
| Retail, General Merchandise | P | P | P | |
| Second Hand Stores | P | P | ||
| Services | ||||
| Banks and Financial Service | P | P | P | |
| Business Support Service | P | P | P | |
| Car (Motor Vehicle) Wash | C | C | C | |
| Child Day-Care Centers | C | C | C | 16.44.050 |
| Hotels | P | P | 16.44.090 | |
| Kennels and Boarding Facilities | C | C | C | 16.44.040.E.2. |
| Laundry and Dry Cleaning, Drop-off Only | P | P | P | |
| Laundromats, Self-Service | P | P | P | |
| Medical Services - Hospital | C | |||
| Medical Services - Offices, Clinics and Laboratories | P | P | P | |
| Mortuaries, Funeral Parlors and Cemeteries | C | C | C | |
| --- | --- | --- | --- | --- |
| Offices | P | P | P | |
| Personal Services | P(4)(5)(8) | P(4)(5)(6) (8) |
P(4)(5)(6) (7) (8) |
See Definition 5.18, 16.44.270 |
| Public Safety and Utility Facilities | P | P | P | |
| Repair and Maintenance, Consumer Products | P | P | P | |
| Repair and Maintenance, Motor Vehicles | C | C | ||
| Service Stations (with Repair) | C | C | C | |
| Service Stations (without Repair) | C | P | P | |
| Skilled Nursing - Short Term | C | C | See Definition | |
| Storage, Personal Storage Facility | C | C | See Definition | |
| Veterinarian Clinics and Animal Hospital | P | P | P | See Definition |
| Veterinarian Clinics and Animal Hospital (with overnight stays and/or outdoor kennel) |
C | C | C | 16.44.040E.2 |
| Transportation | ||||
| Alternative Fuels and Recharging Facilities | P | P | P | |
| Electric Vehicle Charging Stations(3) | P | P | P | 15.63, 16.34, 16.44.115 |
| Parking Facilities | C | C | C | See Definition |
| Transit Stations and Terminals | P | P | ||
| Vehicle Storage Facilities | C | C | See Definition |
| TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS |
|---|---|---|---|---|
| (1) See Section 16.04.020 regarding uses not listed. (2) See Article VI for definitions of the land uses listed. (3) For EVCS - Subject to the Minor Conditional Use Permit appeal provisions for identified Public Health and Safety issues as described in Section 15.63. (4) Permitted as a Massage Establishment, subject to permitting requirements. Criteria includes a 1,000 foot distance between establishments, as measured from the subject property lines, cap limitations, and other provisions specified under Section 16.44.270.C (Land Use/Zoning Regulations). (5) Permitted as a Massage Accessory Use at the following locations in conjunction with establishment of the following primary uses: Health and Fitness Centers, Medical Services – Offices, Clinics and Laboratories, Beauty and Barber Shops, and Tanning Salons. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses And Massage Therapists) for additional details. (6) Permitted as Massage Accessory Use at the following locations in conjunction with establishment of the following primary uses: Assisted Living/Skilled Nursing, Hotels, and Skilled Nursing - Short Term. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details. |
||||
(7) Permitted only as Massage Accessory Use at the following location in conjunction with the following primary use: Medical Services – Hospital. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details.
(8) Refer to Section 5.18.150 (Exemptions) for the types of “Professions and Services” which shall not be classified as a Massage Establishment.
(Ord. 602-24 § 3 (part), 2024; Ord. 587, Exhibit A (part), 2022; Ord. 565-21, Exhibit B (part), 2021; Ord. 561-20, Exhibit B (part), 2020; Ord. 556 § 5, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 507 § 4 (part), 2016; Ord. 492-14 Exhibit 5; 2014; Ord. 482-13 § 2, 2013; Ord. 480-13 § 5, 2013; Ord. 428-09 § 1, 2009; Ord. 427-09 § 2, 2009; Ord. 385 § 2 (part), 2007; Ord. 377 § 6, 2006; Ord. 369 § 2, 2006; Ord. 367 § 4 (part), 2006; Ord. 333 § 3, 2005; Ord. 337 §§ 4, 12, 2005; Ord. 310 § 9, 2004; Ord. 293 § 1 (part), 2004; Ord. 280 § 3, 2003; Ord. 215 § 2 (part), 2000; Ord. 202 § 2 (part), 1999; Ord. 182 § 2 (part), 1997)
16.10.020 Commercial District General Development Standards. ¶
New land uses and structures, and alterations to existing uses or structures shall be designed, constructed and/or established in compliance with the requirements in Table 16.10-2, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Part III (Site Planning and General Development standards). Note: Click to view a printer-friendly PDF of Table 16.10-2
TABLE 16.10-2
COMMERCIAL ZONES
GENERAL DEVELOPMENT STANDARDS REQUIREMENTS
| New land uses and structures, and alterations to existing uses or structures shall be designed, constructed and/or established in compliance with the requirements in Table 16.10-2, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Part III (Site Planning and General Development standards). Note: Click to view a printer-friendly PDF of Table 16.10-2 |
New land uses and structures, and alterations to existing uses or structures shall be designed, constructed and/or established in compliance with the requirements in Table 16.10-2, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Part III (Site Planning and General Development standards). Note: Click to view a printer-friendly PDF of Table 16.10-2 |
New land uses and structures, and alterations to existing uses or structures shall be designed, constructed and/or established in compliance with the requirements in Table 16.10-2, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Part III (Site Planning and General Development standards). Note: Click to view a printer-friendly PDF of Table 16.10-2 |
New land uses and structures, and alterations to existing uses or structures shall be designed, constructed and/or established in compliance with the requirements in Table 16.10-2, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Part III (Site Planning and General Development standards). Note: Click to view a printer-friendly PDF of Table 16.10-2 |
|---|---|---|---|
| TABLE 16.10-2 COMMERCIAL ZONES GENERAL DEVELOPMENT STANDARDS REQUIREMENTS |
|||
| Development Feature | NC | CC | RC |
| TABLE 16.10-2 COMMERCIAL ZONES GENERAL DEVELOPMENT STANDARDS REQUIREMENTS |
|||
| Development Feature | NC | CC | RC |
| Minimum Site Area(1) | None | None | 30 acres(2) |
| Setbacks | |||
| Street | 15 feet | 25 feet | 25 feet |
| Interior (adjacent to commercially zoned properties) | 0 or 10 feet | 0 or 10 feet | 0 or 10 feet |
| Interior (adjacent to residential zoned properties) | 20 feet minimum or equal to the building height, whichever is greater |
20 feet minimum or equal to the building height, whichever is greater |
20 feet minimum or equal to the building height, whichever is greater |
| Interior (adjacent to a freeway) | 25 feet minimum | 25 feet minimum | 25 feet minimum |
| --- | --- | --- | --- |
| Accessory Structure | Consistent with Section 16.44.150 | ||
| Maximum Building Height | 35 feet | 50 feet | 50 feet |
| Minimum On-site Landscaping(3) | 15 percent | 20 percent | 20 percent |
| (1) Site area means a parcel or group of parcels, which are considered a unit for purposes of development. (2) Portions of a site may be developed prior to development of the entire site, if it can be demonstrated that the portion does not compromise the overall comprehensive development of the site. (3) See Chapter 16.28 , Landscaping Standards for Water Efficient Landscaping. |
|||
(Ord. 538, Exhibit A (part), 2018; Ord. 492 Exhibit 5, 2014; Ord. 293 § 1 (part), 2004; Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)
16.10.030 Commercial Districts Design Standards. ¶
The following standards and design features are provided to ensure a level of quality that must be compiled with or satisfied in all commercial developments. Standards are mandatory requirements for all commercial developments. Design features are provided to allow flexibility by providing options for implementing specific standards. In order to meet a certain standard, one or a combination of design features shall be incorporated in the project’s design. In some instances, there will be no design feature(s) identified for a particular standard.
A. Site Planning.
1. Site Character.
a. Standard. Natural amenities (e.g., views, mature trees, creeks, riparian corridors, and topographic features) unique to the site shall be preserved and incorporated into the project's design whenever possible.
b. Standard: Structures that are historic or are otherwise distinctive because of their ruralness, age, cultural significance, or unique architectural style as determined by the council shall be preserved and incorporated into development proposals.
c. Standard: Structures shall not face their back side or loading areas onto existing or planned amenties (e.g. parks, open space, and water features).
d. Standard: Frontage roads or drives shall be provided adjacent to open space areas unless the commercial project is designed to provide direct pedestrian access to the open space and the road or drive is not otherwise necessary.
e. Standard: Development on sloped properties shall generally follow the natural contours of the land by use of at least one of the following design features:
- Use terraced parking lots.
- Provide stepped building foundations and retaining walls.
- Incorporate larger setbacks to preserve natural landforms.
2. Land Use Buffering.
a. Standard: Noise, traffic, or odor-generating activities shall be located adjacent to similar activities on adjacent properties whenever possible. Buffering between different land uses shall be in compliance with 16.18.120 (Screening and Buffering).
b. Standard: Loading areas, access and circulation driveways, trash. storage areas, and mechanical related to commercial uses equipment related to commercial use shall be located as far as possible from adjacent residences.
c. Standard: When adjoining residential and commercial uses can mutually benefit from connection rather than separation, appropriate connective elements (e.g., walkways, common landscape areas, building orientation, and unfenced property lines) shall be provided between the uses.
d. Standard: Window orientation in nonresidential buildings shall preclude a direct line of sight into adjacent residential units and private open spaces within one hundred (100) feet of the property line.
e. Standard: When commercial buildings back up to open space areas of multi-family residential projects, the rear setback area shall be landscaped and combined with the residential open space where feasible.
f. Standard: Evergreen trees shall be planted a minimum of thirty (30) feet on center, and may be required to be planted closer, depending on species. to screen parking lots and large commercial building walls in order to provide a visual barrier between commercial and residential uses.
3. Building Placement.
a. Standard: On multi-tenant commercial sites, a minimum of fifteen (I 5) percent of the total building frontage shall be located at the front setback line. The Director may waive or reduce this standard for projects where implementation of this standard may not be feasible.
b. Standard: Corner buildings shall provide a strong tie to the setback lines of each street. The primary mass of the building shall not be placed at an angle to the corner. This does not preclude angled or sculpted building corners, or an open plaza at the corner.
c. Standard: Multiple buildings in a single project shall provide a functional relationship with one another to achieve a `"village" scale by use of at least two of the following design features:
- Cluster buildings around open plaza areas, not parking lots.
- Provide courtyards with landscaping and other pedestrian amenities.
- Provide convenient pedestrian circulation between buildings and between parking areas and buildings
using enhanced paving materials.
- Link building together visually using trellis structures, arcades, and enhanced paving.
- Avoid dated L-shaped shopping centers with parking located adjacent to the street.
d. Standard: Whenever possible, buildings shall have their entrances oriented towards transit stops for convenient access.
4. Trash/Loading/Storage Areas.
a. Standard: All trash and garbage bins shall be stored in approved enclosures in compliance with Section 16.18.150 (Solid Waste and Recyclable Materials).
b. Standard: The location of trash enclosures shall allow convenient access for each tenant.
c. Standard: Trash enclosures shall be located as far away from adjacent residential uses as possible.
d. Standard: Loading facilities shall not be located at the front of buildings where it is difficult to adequately
screen them from view. These facilities are more appropriate at the rear of the site.
e. Standard: Loading facilities shall be fully screened from view from all adjacent public streets and freeways. Screening shall be accomplished with architectural elements or landscaping or a combination of both. Screening shall be provided to adequately screen or soften view of loading areas, trucks, trash enclosures, and similar service facilities from adjacent public roadways.
5. Utility and Mechanical Equipment.
a. Standard: All mechanical equipment (e.g.. compressors, air conditioners, heating and ventilating equipment, chillers. stand pipes, solar collectors. etc.) shall be concealed from view in compliance with Section 16.18.120(B)
(Screening and Buffering). Screening devices shall be compatible with the architecture and color of the adjacent buildings.
b. Standard: Mechanical equipment shall not be located on the roof of a structure unless the equipment can be screened by building elements that are designed for that purpose and that are an integral part of the building design. c. Standard: Utility equipment (e.g.. electric and gas meters. electrical panels, and junction boxes) shall be located in utility rooms within the structure or utility cabinets with exterior access.
B. Parking and Circulation.
1. General.
a. Standard: Parking lot spaces shall be designed with a clear hierarchy of circulation: major access drives with no parking; major circulation drives with little or no parking; and parking aisles for direct access to parking spaces.
b. Standard: Parking lots shall be separated from buildings by either a raised walkway, landscape strip, or combination at least six feet wide, with a minimum three-foot-wide walkway. Mow strips are not required in this situation. Situations where parking aisles or spaces directly abut the building are prohibited.
c. Standard: No more than five percent of the required parking shall be located in the rear services area of a project site.
2. Project Entry.
a. Standard: Parking lots with over one hundred (100) parking stalls shall provide a main entry drive from the public street for a minimum distance of forty (40) feet and shall include a minimum four foot-wide sidewalk from the street to the first cross aisle on at least one side, and at least one of the following design features:
- A minimum seven-foot-wide landscaped center median from the public street to the first cross aisle.
- Two seven-foot-wide landscaped parkways flanking the main entry drive. The parkway that abuts the
sidewalk may be reduced in width to four feet.
b. Standard: The first aisle juncture that intersects the main entry drive shall be placed at least forty (40) feet back from the public street right-of-way to provide adequate queuing distance off the street.
c. Standard: Entry drives shall be located a minimum of one-hundred and fifty (150) feet apart, as measured from centerline of driveways, and at least one hundred and fifty (150) feet from any street intersection, as measured from the centerline of the nearest travel lane of the intersecting street to the edge of driveway, or as approved by the city engineer. Also, access drives shall be located a minimum of twenty (20) feet from side property lines unless a shared drive is provided.
3. Site Access.
a. Standard: Developments with more than one hundred (100) parking stalls that are located on an arterial or larger road shall coordinate access points with median openings and existing driveways on the opposite side of the roadway. Final locations shall be subject to review and approval by the city
b. Standard: Developments with more than two hundred (200) parking stalls, that are located on an arterial or a larger street shall provide deceleration lanes adjacent to their major entry per city standards.
c. Standard: Whenever possible, locate access drives on side streets to maintain efficient traffic flow on major roadways.
d. Standard: All driveway radii shall be per city standards.
4. Pedestrian Access.
a. Standard: Drop-off points (i.e., wider aisles) shall be located near major building entries and plaza areas for projects over fifty thousand (50.000) square feet of building area.
b. Standard: Parking areas shall be designed so that pedestrians walk parallel to moving cars in parking aisles. Minimize the need for the pedestrian to cross parking aisles and landscape islands to reach building entries.
c. Standard: Clearly defined pedestrian access shall be provided from transit/bus stops to primary building entrances. In projects with more than one hundred (I00) parking stalls, pedestrian walk-ways shall be provided through parking areas from transit/bus stops.
d. Standard: All projects shall provide a connection of the on-site pedestrian circulation system to the off-site public sidewalk.
e. Standard: Meandering sidewalks shall be provided in all commercial zoning districts when required by the
Director.
f. Standard: Parking lots with over one hundred (100) stalls shall provide a separate pedestrian walkway from
the public sidewalk to the on-site walkways. At a minimum, this main entry sidewalk shall:
- Be located on one side of the main entry drive aisle.
- Be a minimum of four feet wide.
- Be raised and protected from the drive aisle by' a six-inch-high curb.
- Be constructed of concrete or an interlocking paving system. Asphalt sidewalks are not al-lowed.
g. Standard: Emphasis at pedestrian crossings of driveways and major circulation aisles shall be accentuated at
building entries by extending the sidewalk to the back edge of the parking spaces.
5. Bus Turnouts.
a. Standard: Bus turnouts may be required wherever the potential for auto/bus conflicts warrants separation of transit and passenger vehicles. Bus turnouts shall be considered by the City Engineer when at least two of the following conditions apply:
- Bus parking in the curb lane is prohibited;
- Traffic in the curb lane exceeds two hundred fifty (250) vehicles during the peak hour:
- Passenger volumes exceed twenty (20) boardings an hour;
- Traffic speed is greater than forty-five (45) miles per hour; and
- Accident patterns are recurrent.
b. Standard: Bus turnouts shall be designed in compliance with city standards.
C. Architectural Design.
1. Architectural Style.
a. Standard: No specific architectural style or design theme shall be required. A variety of architectural characteristics shall be considered to add to the city's overall image. However, while variety in design is generally encouraged, compatibility of new projects with their surroundings shall also be a priority.
2. Design Consistency.
a. Standard: Designs shall demonstrate a consistent use of colors, materials, and detailing throughout all elevations of a building and throughout all buildings of a multi-building project. A multi-building project may have multiple ownerships, but shall be integrated with a common circulation system.
b. Standard: Elevations that do not directly face a street shall not be ignored or receive only minimal architectural treatment.
c. Standard: Each facade shall be designed for public view and shall be appropriately landscaped in compliance with the landscaping standards in Chapter 16.28 (Landscaping Standards).
3. Form and Mass.
a. Standard: Designs shall provide a sense of human scale and proportion. Structures shall be designed to avoid a "box-like," impersonal appearance by use of at least two of the following design features:
- Provide horizontal and vertical wall articulation through the use of arcades, towers, wall recesses and projections, and setting back upper floors. Facades should incorporate wall plane projections and recesses having a
depth of at least three percent of the length of the facade and extending at least twenty (20) percent of the length of the facade.
- Provide architectural detail through the use of columns, three-dimensional decorative cornice bands,
recessed entries and windows, and awnings and canopies.
- Provide full roofs with substantial overhangs.
- Incorporate decorative parapets where roof overhangs are not provided.
- Use different, but compatible. building materials with varying textures and colors.
b. Standard: Entries shall be protected from the elements and shall create a focus and sense of entry for the
building by use of at least two of the following design features:
- Provide wall recesses.
- Use roof overhangs.
- Incorporate canopies and awnings.
- Include arcades.
- Install pedestrian-oriented signs.
4. Roofs:
a. Standard: Variations in roof lines shall be used to add interest to, and reduce the massive scale of large
commercial buildings. Roofs shall incorporate at least two of the following features:
- Parapets concealing flat roofs and rooftop equipment. The average height of a parapet shall not exceed fifteen (15) percent of the height of the supporting wall and parapets shall not at any point exceed one-third of the height of the supporting wall. Parapets shall incorporate a three-dimensional cornice.
- Overhanging eaves, extending at least three feet past the supporting walls.
- Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater
than or equal to one foot for vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run.
- Three or more roof slope planes.
b. Standard: Parapet walls shall be treated as an integral part of the structure design.
c. Standard: Parapet walls should receive architectural detailing consistent with the rest of the facade design
and should not appear as unrelated elements intended only to screen the roof behind.
d. Standard: Where a mansard roof is incorporated into the parapet design, views from above the structure
should also be considered relative to any visible structural support elements.
5. Building Materials.
a. Standard: False or decorative facade treatments, wherein one or more unrelated materials appear "stuck on"
a building, shall be avoided.
b. Standard: Fake products that attempt to imitate real materials (e.g., wood, stone, brick, etc.) are not allowed.
c. Standard: The composition of materials shall avoid giving the impression of thinness and artificiality.
d. Standard: Veneers shall turn corners, avoiding exposed edges.
e. Standard: Stock, "off-the-shelf' metal buildings are prohibited as primary structures.
6. Colors.
a. Standard: Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-
intensity colors, metallic colors, black, or fluorescent colors is prohibited.
b. Standard: Building trim and accent areas may feature brighter colors, including primary colors, but neon
tubing shall not be an acceptable feature for building trim or accent areas except for movie theaters.
c. Standard: The transition between base and accent colors shall relate to changes in building materials or the
change of building surface planes. Colors should not meet or change without some physical change or definition to the
surface plane.
7. Additions to Existing Structures.
a. Standard: The design of an addition to an existing structure shall follow the general scale, proportion, massing, and detailing of the original structure. The addition shall be harmonious with the original structure, not a stark contrast.
b. Standard: Additions shall be an interpretation of the existing building wherein the main characteristics of the existing structure are incorporated into the design of the addition by use of at least two of the following design features:
Parameters:
- Repeat window and door spacing;
- Use harmonizing colors and materials; and
- Include similar, yet distinct, architectural details (e.g., window/door trim, lighting fixtures, tile/brick
decoration, etc.).
(Ord. 544 § 2, 2019; Ord. 538, Exhibit A (part), 2018; Ord. 492 Exhibit 5, 2014; Ord. 337 § 3, 2005; Ord. 232 § 2 (part), 2001; Ord. 232 § 2 (part), 1999; Ord. 182 § 2 (part), 1997)
16.11 Office Districts ¶
16.11.010 Purpose. ¶
This chapter provides regulations applicable to development and land uses in the Office and Office Research Park Districts established by 16.06.010 (Zoning Districts Established). The purposes of the individual Office and Office Research Park zoning districts and the manner in which they are applied are as follows:
A. Office (O) District. The Office zoning district is applied to areas appropriate primarily for office uses with commercial uses (financial, hotel, personal services, restaurant, etc.) oriented to serve the customers and employees of the office uses, and limited community services to serve the residents of the city. The Office zoning district is consistent with the Office and Research Park land use designation of the general plan; and
B. Office Research Park (ORP) District. The ORP zoning district is applied to areas appropriate primarily for office, medical, business campuses with associate research and development facilities. Commercial uses (financial, hotel, retail, personal service, and restaurant, etc.) are intended as accessory or support uses for the employees and customers of the office, business, and medical uses with their associate and research and development operations. The ORP zoning district is consistent with the Office and Research Park land use designation of the general plan.
TABLE 16.11-1
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS
| **B. Office Research Park (ORP) District.**The ORP zoning district is applied to areas appropriate primarily for office, medical, business campuses with associate research and development facilities. Commercial uses (financial, hotel, retail, personal service, and restaurant, etc.) are intended as accessory or support uses for the employees and customers of the office, business, and medical uses with their associate and research and development operations. The ORP zoning district is consistent with the Office and Research Park land use designation of the general plan. |
**B. Office Research Park (ORP) District.**The ORP zoning district is applied to areas appropriate primarily for office, medical, business campuses with associate research and development facilities. Commercial uses (financial, hotel, retail, personal service, and restaurant, etc.) are intended as accessory or support uses for the employees and customers of the office, business, and medical uses with their associate and research and development operations. The ORP zoning district is consistent with the Office and Research Park land use designation of the general plan. |
**B. Office Research Park (ORP) District.**The ORP zoning district is applied to areas appropriate primarily for office, medical, business campuses with associate research and development facilities. Commercial uses (financial, hotel, retail, personal service, and restaurant, etc.) are intended as accessory or support uses for the employees and customers of the office, business, and medical uses with their associate and research and development operations. The ORP zoning district is consistent with the Office and Research Park land use designation of the general plan. |
**B. Office Research Park (ORP) District.**The ORP zoning district is applied to areas appropriate primarily for office, medical, business campuses with associate research and development facilities. Commercial uses (financial, hotel, retail, personal service, and restaurant, etc.) are intended as accessory or support uses for the employees and customers of the office, business, and medical uses with their associate and research and development operations. The ORP zoning district is consistent with the Office and Research Park land use designation of the general plan. |
|---|---|---|---|
| TABLE 16.11-1 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS |
|||
| Symbol | Applicable Process | See Chapter | |
| P | Permitted Land Use - Compliance with development standards and zoning clearance required |
16.74 | |
| C | Conditional Use - Conditional use permit required |
16.52 | |
| "Blank" | Land use not allowed | ||
| Land Use(1) (2) (3) (4) (5) (6) | O | ORP | See Standards in Section |
| Billboards subject to a relocation agreement | C | C | 16.38.150 |
| Short-Term Vacation Rentals (STVRs) - Hosted | |||
| Short-Term Vacation Rentals (STVRs) - Non-Hosted | |||
| Communication Facilities |
TABLE 16.11-1
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS
| TABLE 16.11-1 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS |
TABLE 16.11-1 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS |
TABLE 16.11-1 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS |
TABLE 16.11-1 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS |
|---|---|---|---|
| Symbol | Applicable Process | See Chapter | |
| P | Permitted Land Use - Compliance with development standards and zoning clearance required |
16.74 | |
| C | Conditional Use - Conditional use permit required |
16.52 | |
| "Blank" | Land use not allowed | ||
| Land Use(1) (2) (3) (4) (5) (6) | O | ORP | See Standards in Section |
| --- | --- | --- | --- |
| Billboards subject to a relocation agreement | C | C | 16.38.150 |
| Short-Term Vacation Rentals (STVRs) - Hosted | |||
| Short-Term Vacation Rentals (STVRs) - Non-Hosted | |||
| Communication Facilities | |||
| Broadcast Studio/Recording Studio | C | C | |
| Satellite Dishes/Antennas | P | 16.44.170A | |
| Wireless Communication Facilities | C | C | 16.44.170B |
| Education, Public Assembly and Recreation | |||
| Auditoriums, Meeting Halls and Conference Facilities | C | C | |
| Bingo | C | 16.44.210 | |
| Churches/Places of Worship | C | C | |
| Health and Fitness Centers | P | P | |
| Residential Recreational Facilities, Private | P | ||
| Schools, Specialized Education and Training | P | C | See Definition |
| Schools, College and University | C | C | |
| Schools, K - 12 | C | ||
| Studios, Professional | P | P | See Definition |
| Manufacturing and Processing | |||
| Bio Medical Manufacturing | P | ||
| Cabinet Shop Chemical Products | P | ||
| Design/Innovation Technology | P | P | |
| Electrical and Electronic Equipment and Instruments | P | ||
| Green Technologies | P | ||
| Information Technologies | P | P | |
| Laboratories | P | ||
| Pharmaceutical Manufacturing | P | P | |
| Printing and Publishing | P | P | |
| Medical, Office, and Research and Development Uses | |||
| Medical Services - Office, Clinics and Laboratories | P | P | |
| Medical Services - Hospital | C | C | |
| Offices | P | P | 16.44.110 |
| Research and Development | P | P | |
| Skilled Nursing - Short Term | C | C | See Definition |
| Support Services | |||
| Assisted Living/Skilled Nursing | C | See Definition | |
| Automatic Teller Machines (ATMs) | P | P | |
| Banks and Financial Services | P | P | |
| Bars | C(7) | C(7) | 16.44.030 |
| Business Support Services | P | ||
| --- | --- | --- | --- |
| Cannabis Cultivation, Delivery, Dispensary, and Processing (Commercial) |
|||
| Cannabis Dispensary (Recreational Retail Storefront) | |||
| Cannabis Testing Laboratory | |||
| Child Day-Care Centers | C | C(7) | 15.63, 16.34, 16.44.115 |
| Convenience Stores | P | 16.44.030 | |
| Design/Innovation Technology Firms | P | P | |
| Eating and Drinking Establishments Services | P | P | 16.44.030 |
| Eating and Drinking Establishments Services, with Drive-Through Facilities |
P | 16.44.030 | |
| Hotels | P | P | 16.44.090 |
| Laundry and Dry Cleaning, Drop-off Only | P | P | |
| Medicinal Cannabis Delivery Service (Mobile Activities for Patients and Caregivers) |
P | P | 16.44.250 |
| Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) |
|||
| Personal Services (Limited) | P(10)(11)(12) | P(10)(12) | See Definition 5.18, 16.44.270 |
| Public Safety and Utility Facilities | P | P | |
| Retail/General Merchandise | P | ||
| Service Station | P | ||
| Transportation | |||
| Alternative Fuels and Recharging | P | P | |
| Electric Vehicle Charging Stations(9) | P | P | 215.63, 16.34, 16.44.115 |
| Parking Facilities | C | See Definition | |
| Transit Stations and Terminals | C | C | |
| Heliport/Helipad associated with a Hospital | C | C | |
| (1) See Section 16.04.020 regarding uses not listed. (2) See Chapter 16.110 for definitions of land uses listed. (3) A development permit may also be required (Chapter 16.56 Development Plan Permits). (4) Permanent and/or temporary outdoor storage of materials in conjunction with an on-site primary use requires approval of a conditional use permit (Chapter 16.52 Conditional Use Permits). (5) Storage of hazardous materials in excess of threshold established by the Uniform Building Code requires approval of a minor conditional use permit (Chapter 16.62 Conditional Use Permits) and compliance with Section 16.18.070 Hazardous Materials Storage. (6) Conversion or reuse of an existing residential structure may be allowed with approval of a conditional use permit (Section 16.32.030 B.3). (7) Use shall be integrated as an accessory use of a primary office and/or research use and such use shall be incorporated within the primary use's structure. Use shall not be located in a stand-alone building. (8) Non-conforming single family residential uses are allowed limited additional development subject to Section 16.32.030, Restriction on Nonconforming Uses and Structures. (9) For EVCS - Subject to the Minor Conditional Use Permit appeal provisions for identified Public Health and Safety issues as described in Section 15.63. |
|||
(10) Limited to a Massage Accessory Use with establishment of the following primary uses: Health and Fitness Centers, Hotels, Medical Services – Offices, Clinics and Laboratories, Medical Services – Hospital, Skilled Nursing – Short Term. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details. (11) Limited to a Massage Accessory Use with establishment of the following primary uses: Assisted Living/Skilled Nursing. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details.
(12) Refer to Section 5.18.150 (Exemptions) for the types of “Professions and Services” which shall not be classified as a Massage Establishment.
(Ord. 602-24 § 3 (part), 2024; Ord. 587, Exhibit A (part), 2022; Ord. 565-21, Exhibit B (part), 2021; Ord. 561-20, Exhibit B (part), 2020; Ord. 556 § 6, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 507 § 4 (part), 2016; Ord. 492 Exhibit 6, 2014)
16.11.020 Office Districts General Development Standards. ¶
New land uses and structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the building setback and height, on-site landscaping requirements in Table 16.11-2, Office Districts General Development Standards, site and building Design Standards in Section 16.11.030, and applicable development standards (e.g. landscaping, parking, and loading, etc.) in Article III, Site Planning and General Development Standards.
Note: Click to view a printer-friendly PDF of Table 16.11-2
TABLE 16.11-2
OFFICE DISTRICTS GENERAL DEVELOPMENT STANDARDS[(1) (2)]
| Development Feature | Office | ORP |
|---|---|---|
| Required Building Setbacks |
TABLE 16.11-2
OFFICE DISTRICTS GENERAL DEVELOPMENT STANDARDS[(1) (2)]
| TABLE 16.11-2 OFFICE DISTRICTS GENERAL DEVELOPMENT STANDARDS(1) (2) |
TABLE 16.11-2 OFFICE DISTRICTS GENERAL DEVELOPMENT STANDARDS(1) (2) |
TABLE 16.11-2 OFFICE DISTRICTS GENERAL DEVELOPMENT STANDARDS(1) (2) |
|---|---|---|
| Development Feature | Office | ORP |
| Required Building Setbacks | ||
| Street Side | 25 feet | 25 feet |
| Interior | 25 feet | 25 feet |
| Interior (adjacent to residential zoned properties) |
Twice Building Height | Twice Building Height |
| Interior (adjacent to a freeway) | 25 feet minimum | 25 feet minimum |
| Building Height | ||
| Maximum Building Height(3) | 90 feet | 150 feet |
| Accessory Structures | Consistent with Section 16.44.150 | |
| Landscaping | ||
| Minimum On-site Landscaping(4) | 20 percent | 20 percent |
| --- | --- | --- |
| Minimum Parking Area Landscaping Based | on Parking Lot Size(5) | |
| 5 - 24 spaces | 5 percent | 5 percent |
| 25 - 49 spaces | 7.5 percent | 7.5 percent |
| 50 spaces plus | 10 percent | 10 percent |
| Parking Requirements | ||
| See Chapter 16.34, Off-Street Parking and Loading Standards | ||
| (1) Portions of a site may be developed prior to development of the entire site, if it can be demonstrated that the portion does not compromise the overall comprehensive development of the site. (2) Development standards may vary for mixed use projects and projects over ten acres in size when comprehensively planned in compliance with Chapter 16.64, Master Development Plans, or Chapter 16.66, Specific Plans. (3) For structures greater than fifty (50) feet in building height and within 500 feet of existing residential homes, a public hearing shall be required, and the review shall include an evaluation of view sheds to maintain views for residential homes and a shadow survey to avoid buildings casting shadows on residential homes. (4) See Chapter 16.28, Landscaping Standards and Water Efficient Landscaping. (5) Minimum required parking lot landscaping area is included in required minimum on-site landscaping area. |
||
(Ord. 538, Exhibit A (part), 2018; Ord. 492 Exhibit 6, 2014)
16.11.030 Office Districts Design Standards. ¶
The following standards and design features are provided to ensure a level of quality development. Standards are mandatory requirements for all developments in areas zoned O and ORP. Design features are provided to allow flexibility by providing options for implementing specific standards. In order to meet a certain standard, one or a combination of design features shall be incorporate in the project’s design.
A. Site Planning.
1. Site Character.
a. Standard: Natural amenities (e.g., views, mature trees, creeks, riparian corridors, and topographic features)
unique to the site shall be preserved and incorporated into the project's design whenever possible.
b. Standard: Structures that are historic or are otherwise distinctive because of their rural appearance, age, cultural significance, or unique architectural style as determined by the council shall be preserved and incorporated into development proposals.
c. Standard: Structures shall not face their back side or loading areas onto existing or planned amenities (e.g. parks, open space, and water features).
- d. Standard: Frontage roads or drives shall be provided adjacent to open space areas unless the office or
research park project is designed to provide direct pedestrian access to the open space and the road or drive is not otherwise necessary.
e. Standard: Development on sloped properties shall generally follow the natural contours of the land by use of at least one of the following design features:
- Use terraced parking lots.
- Provide stepped building foundations and retaining walls.
- Incorporate larger setbacks to preserve natural landforms.
2. Land Use Buffering.
a. Standard: Noise, traffic, or odor-generating activities shall be located adjacent to similar activities on
adjacent properties whenever possible. Buffering between different land uses shall be in compliance with Section
16.18.120 (Screening and Buffering).
b. Standard: Loading areas, access and circulation driveways, trash enclosures, and mechanical equipment shall be located as-far-as possible from any adjacent residences.
c. Standard: When adjoining residential and office uses can mutually benefit from connection rather than separation appropriate connective elements (e.g., walkways, common landscape areas, building orientation, and unfenced property lines shall be provided between the uses.
d. Standard: Window orientation in nonresidential buildings shall preclude a direct line of sight into adjacent residential units and private open spaces located within one-hundred feet of the shared property line.
e. Standard: When office buildings back-up to open space areas of residential projects, the rear setback area shall be landscaped with evergreen trees planted a minimum of thirty (30) feet on center to screen parking lots and large building walls. Tree planting may be spaced closer subject to tree species used.
3. Building Placement.
a. Standard: Developments containing multi-tenant buildings shall place a minimum 15% building frontage adjacent to the front setback line. The city planner may waive or reduce this standard for projects where implementation of this standard may not be feasible.
b. Standard: Corner buildings shall provide a strong tie to the setback lines of each street. The primary mass of the building shall be placed at an angle to the corner. This does not preclude angled or sculpted building corners, or an open plaza at the corner.
c. Standard: Multiple buildings in a single project shall provide a functional relationship with one-anther to achieve a "village" scale by use of at least two of the following features:
- Cluster buildings around open plaza areas, not parking lots.
- Provide courtyards with landscaping and other pedestrian amenities.
- Provide convenient pedestrian circulation between buildings and between parking areas and buildings using enhanced paving materials.
- Link buildings together visually using trellis structures, arcades, and enhanced paving.
- Avoid dated L-shaped shopping centers with parking located adjacent to the street.
d. Standard: Whenever possible, buildings shall have their entrances oriented towards transit stops for convenient access.
4. Trash/Loading/Storage Areas.
a. Standard: All trash and garbage bins shall be stored in approved enclosures in compliance with Section
16.18.150 (Solid Waste and Recyclable Materials).
b. The location of trash enclosures shall allow convenient access for each tenant.
c. Trash enclosures shall be located as far away from adjacent residential uses as possible.
d. Loading facilities shall not be located at the front of buildings where it is difficult to adequately screen them from view. These facilities are more appropriate at the rear of the site.
e. Loading facilities shall be fully screened from view from all adjacent public streets and freeways.
f. Screening of load areas shall be accomplished with architectural elements or landscaping, or a combination of both.
5. Utility and Mechanical Equipment.
a. Standard: All mechanical equipment (e.g., compressors, air conditioners, heating and ventilating equipment, chillers, stand pipes, solar collectors, etc.) shall be concealed from view in compliance with Section 16.18.120 (B) (Screening and Buffering). Screening devices shall be compatible with the architectural and color of the adjacent buildings.
b. Standard: Mechanical equipment shall not be located on the roof of a structure unless the equipment can be screened by building elements that are designed for that purpose and that are an integral part of the building design.
c. Standard: Utility equipment (e.g., electric and gas meters, electrical panels, and junction boxes) shall be located in utility rooms within the structure or utility cabinets with exterior access.
- B. Parking and Circulation.
1. General.
a. Standard: Parking lot spaces shall be designed with a clear hierarchy of circulation: major access drives with no parking; major circulation drives with little or no parking; and parking aisles for direct access to parking spaces.
b. Parking lots shall be separated from buildings by a raised walkway, landscape strip, or combination of such a minimum six (6) feet in width, with a minimum three (3) foot wide walkway. Mow strips are not required in this situation. Parking aisles and/or parking spaces shall not directly abut a building.
c. No more than five (5) percent of the required parking shall be located in the rear services area of a project site.
2. Project Entry.
a. Standard: Parking lots with over one hundred (100) parking stalls shall provide a main entry drive from the public street for a minimum distance of forty (40) feet and shall include a minimum four (4) foot-wide sidewalk from the street to the first cross aisle on at least one side, and at least one of the following features:
- A minimum seven foot wide landscaped enter median from the public street to the first cross aisle.
- Two seven (7) foot-wide landscaped parkways flanking the main entry drive. The parkway that abuts the sidewalk may be reduced in width to four (4) feet.
b. Standard: The first aisle juncture that intersects the main entry drive shall be placed at least forty (40) feet back from the public street right-of-way to provide adequate queuing distance off the street.
c. Standard: Entry drives shall be located a minimum of two hundred (200) feet apart and at least one hundred (100) feet from any street intersection property line to driveway centerline. Also, access drives shall be located a minimum of twenty (20) feet from side property lines unless a shared drive is provided.
3. Site Access.
a. Standard: Developments with more than one hundred (100) parking stalls that are located on an arterial or larger road shall coordinate access points with median openings and existing driveways on the opposite side of the roadway. Final locations shall be subject to review and approval by the city.
b. Standard: Developments with more than two-hundred (200) parking stalls that are located on an arterial or a larger street shall provide deceleration lanes adjacent to their major entry per city standards.
c. Standard: Whenever possible, located access drives on side streets to maintain efficient traffic flow on major roadways.
d. Standard: All driveway radii shall be per city standards.
4. Pedestrian Access.
a. Standard: Drop-off points (i.e., wider aisles) shall be located near major building entries and plaza areas for projects over fifty-thousand (50,000) square feet of building area.
b. Standard: Parking areas shall be designed so that pedestrians walk parallel to moving cars in parking aisles. Minimize the need for pedestrians to cross parking aisles and landscape islands to reach building entries.
c. Standard: Clearly defined pedestrian access shall be provided from transit/bus stops to primary building entrances. In projects with more than one-hundred (100) parking stalls, pedestrian walkways shall be provided through the parking areas from transit/bus-stops.
d. Standard: All projects shall provide a connection of the on-site pedestrian circulation system to the off-site public sidewalk.
e. Standard: Meandering sidewalks shall be provided in all commercial zoning districts when required by the director.
f. Standard: Parking lots with over one-hundred (100) stalls shall provide a separate pedestrian walkway from the public sidewalk to the on-site walkways. At a minimum, this main entry sidewalk shall provide the following:
- Be located on one side of the main entry drive aisle.
- Be a minimum of four feet (4) wide.
- Be raised and protected from the drive aisle by a six (6) inch high curb.
- Be constructed of concrete or an interlocking paving system. Asphalt sidewalks are not allowed.
g. Standard: Emphasis at pedestrian crossings of driveways and major circulation aisles shall be accentuated at
building entries by extending the sidewalk to the back edge of the parking spaces.
5. Bus Turnouts.
a. Standard: Bus turnouts may be required wherever the potential for auto/bus conflicts warrants separation of transit and passenger vehicles. Bus turnouts shall be considered by the city engineer when at least two of the following conditions apply:
- Bus parking in the curb land is prohibited;
- Traffic in the curb lane exceeds two-hundred and fifty (250) vehicles during peak hour;
- Passenger volumes exceed twenty persons boarding an hour;
- Traffic speed is greater than forty-five (45) miles per hour; and
- Accident patterns are recurrent.
b. Standard: Bus turnouts shall be designed in compliance with city standards.
C. Architectural Design.
1. Architectural Style.
a. Standard: No specific architectural style or design theme shall be required. A variety of architectural characteristics shall be considered to add to the city's overall image. However, while variety in design is generally encouraged, compatibility of new projects with their surroundings shall be a priority.
2. Design Consistency.
a. Standard: Designs shall demonstrate a consistent use of colors, materials, and detailing through-out all elevations of a building and throughout all buildings of a multi-building project. A multi-building project may have multiple ownerships, but shall be integrated with a common circulation system.
b. Standard: Elevations that do not directly face a street shall not be ignored or receive only minimal architectural treatment.
c. Standard: Each facade shall be designed for public view and shall be appropriately landscaped in compliance with the landscaping standards in Chapter 16.28 (Landscape Standards).
3. Form and Mass.
a. Standard: Designs shall be provide a sense of human scale and proportion. Structures shall be designed to avoid a "box-like," impersonal appearance by use of at least two of the following design features:
- Provide horizontal and vertical wall articulation through the use of arcades, towers, wall recesses and
projections, and setting back upper floors. Facades should incorporate wall plane projects and recesses having a depth of at least three percent of the length of the facade and extending at least twenty (20) percent of the length of the facade.
- Provide architectural detail through the use of columns, three-dimensional decorative cornice bands, recessed entries and windows, and awnings and canopies.
- Provide full roofs with substantial overhangs.
- Incorporate decorative parapets where roof overhangs are not provided.
- Use different, but compatible, building materials with varying textures and colors.
b. Standard: Entries shall be protected from the elements and shall create a focus and sense of entry for the
building by use of at least two of the following design features:
- Provide wall recesses.
- Use roof overhangs.
- Incorporate canopies and awnings.
- Include arcades.
- Install pedestrian oriented signs.
4. Roofs.
a. Standard: Variations in roof lines shall be used to add interest to, and reduce the massive scale of large commercial buildings. Roofs shall incorporate at least two of the following features:
- Parapets concealing flat roofs and rooftop equipment. The average height of a parapet shall not exceed fifteen (15) percent of the height of the supporting wall and parapets shall not at any point exceed one-third the height of the supporting wall. Parapets shall incorporate a three-dimensional cornice.
- Overhanging eaves, extending at least three feet past the supporting walls.
- Sloping roofs that do not exceed the average height of the supporting walls with an average slope greater than or equal to one-foot for vertical rise for every three feet of horizontal run and less than or equal to one-foot of vertical rise for every one-foot of horizontal run.
- Three or more roof slope planes.
b. Standard: Parapet walls shall be treated as an integral part of the structure design.
c. Standard: Parapet walls should receive architectural detailing consistent with the rest of the facade design
and should not appear as unrelated elements intended only to screen the roof behind.
d. Standard: Where a mansard roof is incorporated into the parapet design, views from above the structure should also be considered relative to any visible structural support elements.
5. Building Materials.
a. Standard: False or decorated facade treatments, wherein one or more unrelated materials appear to be "stuck
on" a building, shall be avoided.
b. Standard: Fake products that attempt to imitate real materials (e.g., wood, stone, brick, etc.) are not allowed.
c. Standard: The composition of materials shall avoid giving the impression of thinness and artificiality.
d. Standard: Veneers shall turn corners, avoiding exposed edges.
e. Standard: Stock, "off-the-shelf" metal buildings are prohibited as primary structures.
6. Colors.
a. Standard: Facade colors shall be low reflective, subtle, neutral or earth tone colors. The use of high-
intensity colors, metallic colors, black, or fluorescent colors is prohibited.
b. Standard: Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas except for movie theatres.
c. Standard: The transition between base and accent colors shall relate to changes in building materials or the
change of building surface planes. Colors should not meet or change without some physical change or definition to the surface plane.
7. Additions to Existing Structures.
a. Standard: The design of an addition to an existing structure shall follow the general scale, proportion,
massing, and detailing of the original structure. The addition shall be harmonious with the original structure, not a
stark contrast.
b. Standard: Additions shall be an interpretation of the existing building wherein the main characteristics of the existing structure are incorporated into the design of the addition by use of at least two of the following design features:
- Repeat window and door spacing;
- Use harmonizing colors and materials; and/or
- Include similar, yet distinct, architectural details (e.g., window/door trim, lighting fixtures, tile/brick decoration, etc.).
- (Ord. 538, Exhibit A (part), 2018; Ord. 492 Exhibit 6, 2014)
16.12 Business Park and Industrial Districts ¶
16.12.010 Purpose. ¶
This chapter provides regulations applicable to development and new land uses in the business park and industrial districts established by 16.06.010 (Zoning Districts Established). The purposes of the individual business park and industrial zoning districts and the manner in which they are applied are as follows:
A. BP (Business Park) District. The BP zoning district is applied to appropriate areas for assembly, fabrication, light manufacturing, materials processing, offices and research and product development, provided the uses are conducted within an enclosed, controlled setting. Limited retail activities, to serve the primary business park tenants, is also allowed. The BP zoning district is consistent with the business park land use designation of the general plan; and
B. GIA (General Industrial–A) District. The GI-A zoning district is applied to appropriate areas for outdoor storage of materials and vehicles, small scale manufacturing, and handicraft industries. The GI-A zoning district is consistent with the industrial land use designation of the general plan; and
C. GI (General Industrial) District. The GI zoning district is applied to appropriate areas for the processing of raw materials and manufactured parts or products, including bulk storage, distribution and warehousing facilities, which may require appropriate buffering from adjacent commercial and residential designations, and additional review for outdoor assembly and storage. The GI zoning district is consistent with the general industrial land use designation of the general plan
TABLE 16.12-1
USE TABLE FOR BUSINESS PARK AND INDUSTRIAL DISTRICTS
Key to Permit Requirements
| **C. GI (General Industrial) District.**The GI zoning district is applied to appropriate areas for the processing of raw materials and manufactured parts or products, including bulk storage, distribution and warehousing facilities, which may require appropriate buffering from adjacent commercial and residential designations, and additional review for outdoor assembly and storage. The GI zoning district is consistent with the general industrial land use designation of the general plan |
**C. GI (General Industrial) District.**The GI zoning district is applied to appropriate areas for the processing of raw materials and manufactured parts or products, including bulk storage, distribution and warehousing facilities, which may require appropriate buffering from adjacent commercial and residential designations, and additional review for outdoor assembly and storage. The GI zoning district is consistent with the general industrial land use designation of the general plan |
**C. GI (General Industrial) District.**The GI zoning district is applied to appropriate areas for the processing of raw materials and manufactured parts or products, including bulk storage, distribution and warehousing facilities, which may require appropriate buffering from adjacent commercial and residential designations, and additional review for outdoor assembly and storage. The GI zoning district is consistent with the general industrial land use designation of the general plan |
**C. GI (General Industrial) District.**The GI zoning district is applied to appropriate areas for the processing of raw materials and manufactured parts or products, including bulk storage, distribution and warehousing facilities, which may require appropriate buffering from adjacent commercial and residential designations, and additional review for outdoor assembly and storage. The GI zoning district is consistent with the general industrial land use designation of the general plan |
**C. GI (General Industrial) District.**The GI zoning district is applied to appropriate areas for the processing of raw materials and manufactured parts or products, including bulk storage, distribution and warehousing facilities, which may require appropriate buffering from adjacent commercial and residential designations, and additional review for outdoor assembly and storage. The GI zoning district is consistent with the general industrial land use designation of the general plan |
|---|---|---|---|---|
| TABLE 16.12-1 USE TABLE FOR BUSINESS PARK AND INDUSTRIAL DISTRICTS |
||||
| Key to Permit Requirements | ||||
| Symbol | Applicable Process | See Chapter | ||
| P | Permitted Use - Compliance with development standards and zoning clearance required(3) |
16.74 | ||
| C | Conditional Use - Conditional u required |
se permit | 16.52 | |
| "Blank" | Use not allowed | |||
| Land Use(1) (2) (3) (4) (5) (6) (7) (8) | BP | GI | GI-A | See Standards in Section |
| Billboards subject to a relocation agreement | C | C | C | 16.38.150 |
| Short-Term Vacation Rentals (STVRs) - Hosted | ||||
| Short-Term Vacation Rentals (STVRs) - Non-Hosted | ||||
| Agriculture, Open Space and Resources |
TABLE 16.12-1
| TABLE 16.12-1 | TABLE 16.12-1 | TABLE 16.12-1 | TABLE 16.12-1 | TABLE 16.12-1 |
|---|---|---|---|---|
| USE TABLE FOR BUSINESS PARK AND INDUSTRIAL DISTRICTS | ||||
| Key to Permit Requirements | ||||
| Symbol | Applicable Process | See Chapter | ||
| P | Permitted Use - Compliance with development standards and zoning clearance required(3) |
Permitted Use - Compliance with development standards and zoning clearance required(3) |
Permitted Use - Compliance with development standards and zoning clearance required(3) |
16.74 |
| --- | --- | --- | --- | --- |
| C | Conditional Use - Conditional u required |
se permit | 16.52 | |
| "Blank" | Use not allowed | |||
| Land Use(1) (2) (3) (4) (5) (6) (7) (8) | BP | GI | GI-A | See Standards in Section |
| Billboards subject to a relocation agreement | C | C | C | 16.38.150 |
| Short-Term Vacation Rentals (STVRs) - Hosted | ||||
| Short-Term Vacation Rentals (STVRs) - Non-Hosted | ||||
| Agriculture, Open Space and Resources | ||||
| Animal Keeping | P | |||
| Crop Production, Commercial | P | |||
| Equestrian Facilities, Commercial | P | |||
| Mining Operations | C | |||
| Nature Preserves | P | |||
| Plant Nurseries | P | P | P | |
| Open Space | P | |||
| Communication Facilities | ||||
| Broadcast Recording Studio | P | P | P | |
| Satellite Dishes/Antennas | P | P | P | 16.44.170A |
| Wireless Communication Facilities 51 feet or more in height |
C | C | C | 16.44.170B |
| Education, Public Assembly and Recreation | ||||
| Adult Entertainment | C | C | 16.44.020 | |
| Auditoriums, Meeting Halls and Conference Facilities |
C | C | C | |
| Bingo | C | C | C | 16.44.210 |
| Gaming Clubs | Chapter 9.15 | |||
| Churches, Places of Worship | C | C | C | |
| Cyber Cafe | C | Chapter 5.14 | ||
| Golf Courses | C | |||
| Indoor Commercial Recreation | C | C | C | See Definition |
| Indoor Firing Ranges | C | C | 16.44.210 | |
| --- | --- | --- | --- | --- |
| Interpretative Centers | C | |||
| Health and Fitness Centers | C | C | ||
| Libraries and Museums | ||||
| Nightclubs | C | 16.44.030 | ||
| Outdoor Commercial Recreation | C | C | C | See Definition |
| Personal Instruction | P | P | P | See Definition |
| Schools, Specialized Education and Training | C | C | C | See Definition |
| Studios, Professional | P | P | P | See Definition |
| Manufacturing and Processing | ||||
| Beverage Production | P | P | ||
| Bio Medical Manufacturing | P | P | C | |
| Cabinet Shop | P | P | C | |
| Cannabis Cultivation, Delivery, Dispensary, and Processing (Commercial) |
||||
| Cannabis Testing Laboratory | C | C | C | 16.44.250 |
| Chemical Products | P | P | ||
| Clothing Products | P | P | C | |
| Concrete, Gypsum and Plaster Products | C | |||
| Electrical and Electronic Equipment and Instruments | P | P | C | |
| Food Products | P | P | ||
| Furniture and Fixture Manufacturing | P | P | C | |
| Glass Products | P | P | C | |
| Handicraft Industries and Small Scale Manufacturing |
P | P | P | |
| Laundries and Dry Cleaning Plants | P | P | ||
| Leather Products | P | P | C | |
| Lumber and Wood Products | P | P | C | |
| Machine/Welding Shops | P | P | C | |
| Machinery Manufacturing | P | P | ||
| --- | --- | --- | --- | --- |
| Metal Products Fabrication | P | P | C | |
| Motor Vehicle and Transportation Equipment | P | P | C | |
| Paper Products | P | P | P | |
| Paving Materials | P | C | ||
| Petroleum Distribution and Storage | P | C | ||
| Pharmaceutical Manufacturing | P | P | C | |
| Plastics and Rubber Products | P | P | C | |
| Printing and Publishing | P | P | P | |
| Recycling Facilities, Composting | C | C | ||
| Recycling Facilities, Small Collection Facility | C | C | 16.44.140 | |
| Recycling Facilities, Large Collection Facility | C | C | 16.44.140 | |
| Recycling Facilities, Processing Facility | C | C | 16.44.140 | |
| Recycling Facilities, Reverse Vending Machines | C | C | 16.44.140 | |
| Recycling Facilities, Scrap and Dismantling Yards | C | |||
| Research and Development | P | P | C | |
| Sewage Treatment Plants | C | P | ||
| Stone/Cut Stone Products | P | P | P | |
| Structural Clay and Pottery Products | P | P | P | |
| Textile Products | P | P | ||
| Warehousing and Distribution Facilities | P | P | ||
| Wholesale and Distribution | P | P | ||
| Residential | ||||
| Caretaker/Employee Housing | C | C | C | |
| Emergency Shelters, up to 30 occupants | P | 16.44.200 | ||
| Emergency Shelters, more than 30 occupants | C | 16.44.200 | ||
| Retail Trade | ||||
| Appliance Sales | P | |||
| Art, Antiques, Collectibles and Gifts | P | |||
| --- | --- | --- | --- | --- |
| Auto, Mobile Home and Vehicle Sales (outdoor new/used) |
C | C | ||
| Auto Sales (indoor) | C | C | ||
| Auto (Motor Vehicle) Parts Sales | P | P | ||
| Bars | C | 16.44.030 | ||
| Building Materials Stores | P | P | ||
| Cannabis Dispensary (Recreational Retail Storefront) |
||||
| Convenience Stores | P | P | 16.44.030 | |
| Eating and Drinking Establishments | P | P | P | 16.44.030 |
| Fuel and Ice Dealers | C | C | C | |
| Furniture and Furnishings | P | |||
| Liquor Stores | C | 16.44.030 | ||
| Medicinal Cannabis Delivery Service (Mobile Activities for Patients and Caregivers) |
P | P | P | 16.44.250 |
| Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) |
P(13) | 16.44.250 | ||
| Services | ||||
| Bank and Financial Services | P | |||
| Business Support Services | P | P | ||
| Car (Motor Vehicle) Wash | P | |||
| Child Day-Care Centers | C | C | C | 16.44.050 |
| Contractor's Storage Yard (Primary Use) | C | C | C | |
| Equipment Rental | C | P | ||
| Hotels | P | 16.44.090 | ||
| Laundry and Dry Cleaning | P | |||
| Kennels and Boarding Facilities | C | P | C | 16.44.040.E.2 |
| Medical Services - Offices, Clinics and Laboratories | P | 16.44.110 | ||
| Mortuaries, Crematoriums, Funeral Parlors and Cemeteries |
C | C | C | |
| --- | --- | --- | --- | --- |
| Offices | P | P | P | 16.44.110 |
| Personal Services | P(10)(11) | P(10)(12) | See Definition 5.18, 16.44.270 |
|
| Public Safety and Utility Facilities | P | P | P | |
| Repair and Maintenance, Consumer Products | P | P | P | |
| Repair and Maintenance, Motor Vehicles | P | P | 16.44.190 | |
| Research and Development | P | P | ||
| Service Stations, (with Repair) | P | P | See Definition | |
| Service Stations, (without Repair) | P | P | See Definition | |
| Storage, Personal Storage Facilities | C | C | C | See Definition |
| Veterinarian Clinics and Animal Hospitals | P | P | P | See Definition |
| Veterinarian Clinics and Animal Hospitals (with overnight and/or outdoor kennel) |
C | C | C | 16.44.040.E.2 |
| Transportation | ||||
| Electric Vehicle Charging Stations(9) | P | P | P | 15.64, 16.34, 16.44.115 |
| Parking Facilities | P | P | See Definition | |
| Transit Stations and Terminals | P | P | ||
| Vehicle and Freight Terminals | C | P |
| TABLE 16.12-1 | TABLE 16.12-1 | TABLE 16.12-1 | TABLE 16.12-1 | TABLE 16.12-1 |
|---|---|---|---|---|
| Vehicle Storage Facility | C | P | See Definition | |
| (1) See Section 16.04.020 regarding uses not listed. (2) See Article VI for definitions of the land uses listed. (3) A development plan permit may also be required. See Chapter 16.56 . (4) Outdoor storage of materials in conjunction with an on-site primary use requires approval of a conditional use permit in compliance with Chapter 16.52 . (5) Storage of hazardous materials in excess of threshold established by the uniform building code requires approval of a minor conditional use permit (16.52) and compliance with Section 16.18.070 (Hazardous Materials Storage). (6) Conversion or reuse of an existing residential structure may be allowed with approval of a conditional use permit. See Section 16.32.030 (B)(3). (7) This use specifically excludes rental to persons not employed as a caretaker or security for the site on which the use is located. See Section 16.11.020 . (8) All uses shall demonstrate adequate parking in accordance with Chapter 16.34 - Off-Street Parking and Loading Standards. (9) For EVCS - Subject to the Minor Conditional Use Permit appeal provisions for identified Public Health and Safety issues as described in Section 15.63. (10) Limited to a Massage Accessory Use with establishment of the following primary uses: Health and Fitness Centers, Beauty and Barber Shops, and Tanning Salons. (11) Limited to a Massage Accessory Use with establishment of the following primary uses: Hotels, Medical Services – Offices, Clinics and Laboratories. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details. (12) Refer to Section 5.18.150 (Exemptions) for the types of “Professions and Services” which shall not be classified as a Massage Establishment. |
||||
(13) Refer to Section 16.44.250 for the required 500 foot separation from sensitive uses and from another Medicinal Cannabis Delivery Service location (Physical Delivery Logistics Location).
(Ord. 602-24 § 3 (part), 2024; Ord. 587, Exhibit A (part), 2022; Ord. 565-21, Exhibit B (part), 2021; Ord. 561-20, Exhibit B (part), 2020; Ord. 556 § 7, 2020; Ord. 548 § 2, 2019; Ord. 538, Exhibit A (part), 2018; Ord. 507 § 4 (part), 2016; Ord. 492-14 Exhibit 7, 2014; Ord. 482-13 § 2, 2013; Ord. 480- 13 § 6, 2013; Ord. 427-09 § 3, 2009; Ord. 388 § 2, 2007; Ord. 385 § 2 (part), 2007; Ord. 369 § 3, 2006; Ord. 367 §§ 4 (part), 6, 2006; Ord. 366, §§ 2, 3, 2006; Ord. 333, § 4, 2005; Ord. 337 §§ 5, 6, 2005; Ord. 310 § 8, 2004; Ord. 253 § 2 (part), 2002; Ord. 215§ 2 (part), 2000; Ord. 182 § 2 (part) 1997)
16.12.020 Business Park and Industrial Districts General Development Standards. ¶
New land uses and structures, and alterations to existing uses or structures shall be designed, constructed and/or established in compliance with the requirements in Table 16.12-2, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development standards). (Ord. 182 § 2 (part), 1997)
Note: Click to view a printer-friendly PDF of Table 16.12-2
TABLE 16.12-2
BUSINESS PARK AND INDUSTRIAL ZONES GENERAL DEVELOPMENT STANDARDS
| New land uses and structures, and alterations to existing uses or structures shall be designed, constructed and/or established in compliance with the requirements in Table 16.12-2, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development standards). (Ord. 182 § 2 (part), 1997) Note: Click to view a printer-friendly PDF of Table 16.12-2 |
New land uses and structures, and alterations to existing uses or structures shall be designed, constructed and/or established in compliance with the requirements in Table 16.12-2, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development standards). (Ord. 182 § 2 (part), 1997) Note: Click to view a printer-friendly PDF of Table 16.12-2 |
New land uses and structures, and alterations to existing uses or structures shall be designed, constructed and/or established in compliance with the requirements in Table 16.12-2, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development standards). (Ord. 182 § 2 (part), 1997) Note: Click to view a printer-friendly PDF of Table 16.12-2 |
New land uses and structures, and alterations to existing uses or structures shall be designed, constructed and/or established in compliance with the requirements in Table 16.12-2, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development standards). (Ord. 182 § 2 (part), 1997) Note: Click to view a printer-friendly PDF of Table 16.12-2 |
|---|---|---|---|
| TABLE 16.12-2 BUSINESS PARK AND INDUSTRIAL ZONES GENERAL DEVELOPMENT STANDARDS |
|||
| Development Feature | BP | GI | GI-A |
| TABLE 16.12-2 BUSINESS PARK AND INDUSTRIAL ZONES GENERAL DEVELOPMENT STANDARDS |
|||
| Development Feature | BP | GI | GI-A |
| Minimum Parcel Size | 10,000 square feet | 20,000 square feet | 10,000 square feet |
| Minimum Parcel Width | 75 feet (minimum average) |
75 feet (minimum average) |
75 feet (minimum average) |
| Setbacks Required | |||
| Street | 25 feet | 25 feet | 25 feet |
| Interior | None | None | 10 feet |
| Interior (adjacent to residential zoned properties) |
20 feet minimum or equal to the building height | ||
| Interior (adjacent to a freeway) | 25 feet minimum | ||
| Accessory Structures | Same as main structure | ||
| --- | --- | --- | --- |
| From Residential Areas | 50 feet | 25 feet | 25 feet |
| Maximum Height Limit | 50 feet | 40 feet | 40 feet |
| Minimum On-site Landscaping(1) | 15 percent | 5 percent | 5 percent |
| (1) See Chapter 16.28 , Landscaping Standards and Water Efficient Landscaping | |||
(Ord. 538, Exhibit A (part), 2018; Ord. 492 Exhibit 7, 2014; Ord. 366, § 4, 2006; Ord. 202 § 5 (part), 1999; Ord. 253 § 2 (part), 2002: Ord. 182 § 2 (part), 1997)
16.12.030 Business Park and Industrial Zoning Districts Design Standards. ¶
The following standards and design features are provided to ensure a level of quality that must be compiled with or satisfied in all industrial developments. Standards are mandatory requirements for all industrial developments. Design features are provided to allow flexibility by providing options for implementing specific standards. In order to meet a certain standard, one or a combination of design features shall be incorporated in the project’s design.
A. Site Planning. The following standards and parameters are intended to help ensure internal consistency with sound industrial site development practices.
- Site Design.
a. Standard: The following design elements shall be incorporated into the design of industrial projects whenever possible (See figure below):
- Controlled site access (1);
- Service areas located at the sides and rear of buildings (2);
- Convenient public access and visitor parking (3);
- Screening of storage, work areas, and mechanical equipment (4);
- Storage and service area screen walls (5); and
- Emphasis on the main building entry and landscaping (6).
b. Standard: Buildings shall be arranged to avoid long, monotonous building facades and to create diversity by
use of at least one of the following design features:
- Set portions of the building at the front setback line with other portions set further back (minimum ten foot offset);
- Cluster buildings around courtyards, plazas, and landscaped open spaces;
- Set buildings on "turf islands" where the office portion of the building does not directly abut parking areas. Provide a generous ten- to twenty- (20-) foot landscaped strip between the parking area and the main entrance; or
- Avoid placing parking between the street and the building for more than fifty (50) percent of the parcel frontage.
c. Standard: Larger than minimum required building setbacks shall be provided for buildings thirty (30) feet high or higher. Buildings shall be set back an additional five feet (all sides) for each additional ten feet of building height over thirty (30) feet.
d. Standard: Where an industrial use is adjacent to a nonindustrial use, appropriate buffering techniques shall be provided in compliance with Section 16.18.120 (Screening and Buffering).
2. Parking, Loading, and Circulation.
a. Standard: Parking lots and cars shall not be the dominant visual elements of the site. Projects should incorporate at least one of the following design features:
- Provide multiple smaller parking lots as opposed to large lots;
- Provide dense landscaping and walls to screen parking lots; or
- Locate parking on the side or at the rear of the site.
b. Standard: Site access and internal circulation shall be designed in a straight forward manner with emphasis on safety and efficiency. The circulation system shall be designed to reduce conflicts between vehicular and pedestrian traffic, provide adequate maneuvering and stacking areas, and consideration for emergency vehicle access.
c. Standard: Meandering sidewalks shall be provided in all industrial zoning districts when required by the director.
d. Standard: Parking lots adjacent to public streets shall be screened from view in compliance with 16.34 (OffStreet Parking and Loading).
e. Standard: Loading facilities shall not be located at the front of buildings where it is difficult to screen them from view. Loading facilities are more appropriate at the rear of the site or on the side with adequate screening.
f. Standard: When it is not possible to locate loading facilities at the rear or side of the building, they may be allowed on the front if properly screened from view with dense landscaping and walls. Loading facilities shall not directly align with driveways where screening cannot be provided effectively.
g. Standard: Backing from the public street onto the site for loading shall not be allowed except at the ends of industrial cul-de-sacs where each circumstance will be reviewed on a case-by-case basis.
3. Screening.
a. Standard: Outside storage and loading shall be confined to portions of the site least visible to public view and appropriately screened in compliance with 16.18.120 (Screening and Buffering).
b. Standard: Screening methods shall consist of at least one of the following design features:
- Solid masonry walls with landscape relief;
- Open metal grillwork with masonry pillars and dense landscaping; or
- Earth berms with dense landscaping.
c. Standard: The method of screening shall be architecturally integrated with the adjacent building in terms of materials, colors, texture, and size.
4. Screen Walls/Fencing.
a. Standard: If walls are not required for a specific screening or security purpose they shall not be provided. Walls provide hiding places for intruders and surfaces for graffiti. The intent is to keep walls as low as possible while performing their screening and security functions.
b. Standard: When security fencing is required, it shall not include barbed wire or razor wire. Chain link fencing is not allowed along street frontages. Security fencing shall be:
- Masonry pillars with open metal grillwork;
- Short (two-three feet) masonry walls with grillwork on top; and
- Open grillwork or chainlink fence along side and rear property boundaries or used internally on the site if not visible from the public street.
c. Standard: Long expanses offences and walls shall be offset and architecturally designed to create interest
and avoid monotony. Landscape pockets, a minimum of twelve (12) feet wide and four feet deep, shall be provided at forty (40)-foot minimum intervals along the wall. These dimensions may vary somewhat, as long as the overall effect is the same, subject to approval by the director.
5. Landscaping Standards.
a. Standard: Landscaping shall be used to define entrances to buildings and parking lots, edges of various land uses, provide transition between neighboring properties (buffering), and provide screening for outdoor storage, loading and equipment areas.
b. Standard: Landscaping shall be in scale with on-site buildings and be of an appropriate size at maturity to accomplish its intended purpose.
c. Standard: The use of vines on walls is required in industrial areas because walls often tend to be large and
blank. Vines will provide texture, add color, break up flat walls, and reduce opportunities for graffiti.
d. Standard: Landscaping around the base of the building is required, except for work and loading areas that are not visible from a public street or parking lot. Landscaping shall be accented at the main entrance to provide a prominent focal point.
B. Architectural Design Standards.
1. General.
a. Standard: Industrial buildings tend to be large and box-like. At least four of the following design parameters shall be incorporated to decrease the negative visual impact of large industrial uses.
- Use variety in building forms and heights to create visual character and interest.
- Provide building indentations and architectural details:
- Accentuate the building's main entrance.
- Change building elevations and use berming at the edge of the building in conjunction with landscaping to help reduce the visual height and mass of buildings along street frontage;
- Use alteration of colors and materials to produce diversity and visual interest;
- Avoid large blank, flat wall surfaces;
- Do not construct walls of exposed, untreated concrete block (except split face);
- Do not provide exposed roof drains; or
- Avoid minimal landscaping that is too small and out of scale with large industrial buildings.
c. Standard: Avoid long (over one hundred (100) feet)) unbroken building facades. Facades with varied front
setbacks are required.
d. Standard: Entries to industrial buildings shall portray a quality office appearance while being architecturally related to the overall building composition.
2. Roofs.
a. Standard: Roof-top equipment shall be screened from view by architectural features integrated with the design of the structure.
- b. Standard: A variety of roof pitches is encouraged, especially at the main entrance.
3. Materials.
a. Standard: A variety of siding material, (e.g., metal, masonry, concrete texturing, cement, or plaster) shall be used to produce effects of texture and relief that provide architectural interest.
b. Standard: Avoid materials with high maintenance (e.g., stained wood, clapboard, or shingles).
c. Standard: Use wall materials (e.g., concrete, stone, cement block, or slumpstone) that will withstand accidental damage from machinery.
4. Metal Buildings.
a. Standard: Stock, "off-the-shelf" metal buildings are prohibited as primary structures. Metal buildings shall be designed to have an exterior appearance of conventionally built structures by use of at least one of the following design features:
Exterior surfaces should include materials in addition to metal (e.g., stucco, plaster, glass, stone, brick, or decorative masonry).
Employ a variety of building forms, shapes, colors, and other architectural treatments to add visual interest and variety.
b. Standard: All exterior surfaces that have the potential of being contacted by vehicles or machinery shall be protected by landscaped areas, raised concrete curbs, and traffic barriers.
5. Color.
a. Standard: Use color to help reduce the apparent size of industrial structures. Incorporate at least two of the following design features:
- Light, neutral colors should be used to help reduce a structure's perceived size.
- Use contrasting trim and horizontal color bands to help break up the vertical monotony of tall flat walls.
- Provide a blending of compatible colors in a single facade or composition to add interest and variety while reducing building scale.
b. Standard: Overly bright colors (e.g., day-glo) and intricate patterns of color (e.g., checkerboard) shall be avoided.
(Ord. 538, Exhibit A (part), 2018; Ord. 492 Exhibit 7, 2014; Ord. 202 § 2 (part), 1999; Ord. 182 § 2 (part), 1997)
16.13 Innovation District ¶
16.13.010 Purpose. ¶
This chapter provides regulations applicable to development and land uses in the Innovation Zoning District (INN) as established by 16.06.010 (Zoning Districts Established). The Innovation Zoning District is applied to areas primarily for business and medical offices, corporate headquarters, medical services, business campuses with associated research and development facilities, education, technological advancement, makers labs such as people using digital tools to design new products, and craftsman products such as furniture and window design/construction. A limited amount of commercial uses are allowed within the Innovation Zoning District. Examples of allowable commercial uses include: businesses that sell products made in facilities on-site, restaurants that support the employment and primary uses, and hotels. Commercial businesses are intended as support services for the employees and customers of the office, business, and medical uses with their associated research and development operations. The Innovation Zoning District provides for a limited amount of housing as a supporting use to a facility such as a hospital, college or university, research and development campus that would directly benefit from having employees and students living on-site.
TABLE 16.13-1
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE INNOVATION ZONING DISTRICT
TABLE 16.13-1
ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE INNOVATION ZONING DISTRICT
| TABLE 16.13-1 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE INNOVATION ZONING DISTRICT |
TABLE 16.13-1 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE INNOVATION ZONING DISTRICT |
TABLE 16.13-1 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE INNOVATION ZONING DISTRICT |
|---|---|---|
| Symbol | Applicable Process | See Chapter |
| P | Permitted Land Use - Compliance with development standards and zoning clearance required |
16.74 |
| C | Conditional Use - Conditional use permit required |
16.52 |
| MC | Minor Conditional Use - Conditional use permit required |
16.52 |
| "Blank" | Land use not allowed | |
| Land Use(1) (2) (3) (4) (5) (6) | INN | See Standards in Section |
| Communication Facilities | ||
| Broadcast Studio/Recording Studio | C | |
| Satellite Dishes/Antennas | C | 16.44.170A |
| Wireless Communication Facilities | C | 16.44.170B |
| Education, Public Assembly and Recreation | ||
| Adult Entertainment Businesses | See Definition | |
| Churches/Places of Worship | C | See Definition |
| Health and Fitness Clubs | P | See Definition |
| Libraries and Museums | ||
| Recreational Facilities, Private | P | |
| Schools, College and University | C | |
| --- | --- | --- |
| Schools, K-12 | ||
| Studios, Professional | P | See Definition |
| Manufacturing and Processing | ||
| Bio Medical Manufacturing | P | |
| Chemical Products Manufacturing | P | See Definition |
| Clothing Products | P | See Definition |
| Design/Innovation Technology | P | |
| Electrical and Electronic Equipment Manufacturing |
P | See Definition |
| Food Products/Food and Beverage Manufacturing |
P | See Definition |
| Furniture and Fixture Manufacturing, Cabinet Shops |
P | See Definition |
| Glass Products | P | See Definition |
| Green Technologies | P | See Definition |
| Handicraft Industries and Small Scale Manufacturing |
P | See Definition |
| Information Technologies | P | |
| Laboratories | P | |
| Pharmaceutical Manufacturing | P | |
| Printing and Publishing | P | See Definition |
| Medical, Office, and Research and Development Uses | ||
| Business Support Services | P | See Definition |
| Medical Services - Office, Clinics and Laboratories |
P | See Definition |
| Medical Services - Hospital | C | See Definition |
| Offices | P | 16.44.110 |
| Research and Development | P | See Definition |
| Skilled Nursing - Short Term | C | See Definition |
| Support Services | ||
| Assisted Living/Skilled Nursing | C | See Definition |
| Theaters, Auditoriums and Meeting | P(7) | See Definition |
| Halls | ||
| Automatic Teller Machines (ATMs) | P | |
| Banks and Financial Services | P | See Definition |
| Bars and Alcoholic Beverage Drinking Places | MC(7) | 16.44.030 |
| Cannabis Cultivation, Delivery, Dispensary, and Processing (Commercial) |
||
| Cannabis Dispensary (Recreational Retail Storefront) |
||
| Cannabis Testing Laboratory | ||
| --- | --- | --- |
| Convenience Stores | P(7) | 16.44.030 |
| Day Care Centers/Child Day- Care Facilities | MC(7) | 16.44.050 |
| Design/Innovation Technology Firms | P | |
| Eating and Drinking Establishments Services | P(7) | 16.44.030 |
| Eating and Drinking Establishments Services, with Drive-Through Facilities |
16.44.030 | |
| Hotels | P | 16.44.030 |
| Employee Workforce and Student Units | P(7)(8) | 16.44.030 |
| Laundry and Dry Cleaning, Drop-off Only | P | |
| Medicinal Cannabis Delivery Service (Mobile Activities for Patients and Caregivers) |
P | 16.44.250 |
| Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) |
||
| Personal Services | P(7)(10)(11) | See Definition |
| Public Safety and Utility Facilities | P | See Definition |
| Retail Stores/General Merchandise | P(7) | See Definition |
| Schools, Specialized Education and Training | P | See Definition |
| Service Station | See Definition | |
| Transportation | ||
| Alternative Fuels and Recharging | P(9) | |
| Heliport/Helipad associated with a Hospital/Hotel |
C | |
| Parking Lot/Structure | C | See Definition |
| Transit Stations and Terminals | C | See Definition |
| Vehicle Storage Facilities | See Definition | |
| (1) See Section 16.04.020 regarding uses not listed. (2) See Chapter 16.110 for definitions of land uses listed. (3) A development permit may also be required (Chapter 16.56 Development Plan Permits). (4) Permanent and/or temporary outdoor storage of materials in conjunction with an onsite primary use requires approval of a conditional use permit (Chapter 16.52 Conditional Use Permits). (5) Storage of hazardous materials in excess of threshold established by the Uniform Building Code requires approval of a minor conditional use permit (Chapter 16.62 Conditional Use Permits) and compliance with Section 16.18.070 Hazardous Materials Storage. (6) Conversion or reuse of an existing residential structure may be allowed with approval of a conditional use permit (Section 16.32.030B.3). (7) Use shall be integrated as an accessory use of a primary specialty school, college, university, hospital, hotel, office and/or research use and such use shall be incorporated within the primary use's structure. Use shall not be located in a stand-alone building, except that a restaurant or eating and drinking establishment may be permitted as a stand-alone building if the use is integrated into the site with the primary use. Employee Workforce and Student Units may be located in a stand-alone building within a master planned project that encompasses more than 1,000,000 SF of non-residential uses. (8) Students and/or employees should have an association or affiliation with the primary use located on-site. (9) Not petroleum-based. |
||
(10) A Massage Accessory Use is limited with establishment of the following uses: Health and Fitness Centers, Recreational Facilities, Private, Medical Services – Offices, Clinics and Laboratories, Medical Services – Hospital, Skilled Nursing – Short Term, Assisted Living/Skilled Nursing, Hotels, Beauty and Barber Shops, and Tanning Salons. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details.
(11) Refer to Section 5.18.150 (Exemptions) for the types of “Professions and Services” which shall not be classified as a Massage Establishment.
(Ord. 602-24 § 3 (part), 2024; Ord. 565-21, Exhibit B (part), 2021; Ord. 559-20 § 5 (part), 2020)
16.13.020 Innovation District General Development Standards. ¶
New land uses, structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the building setback, height, onsite landscaping requirements in Table 16.13-2, Innovation District General Development Standards, site and building design standards in Section 16.13.030, and applicable development standards (e.g. landscaping, parking, and loading, etc.) in Article III, Site Planning and General Development Standards.
e designed, constructed, and/or established in compliance with the building setback, height, onsite landscaping requirements in Table 16.13-2, Innovation District General Development Standards, site and building design standards in Section 16.13.030, and applicable development standards (e.g. landscaping, parking, and loading, etc.) in Article III, Site Planning and General Development Standards.
| New land uses, structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the building setback, height, onsite landscaping requirements in Table 16.13-2, Innovation District General Development Standards, site and building design standards in Section 16.13.030, and applicable development standards (e.g. landscaping, parking, and loading, etc.) in Article III, Site Planning and General Development Standards. |
New land uses, structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the building setback, height, onsite landscaping requirements in Table 16.13-2, Innovation District General Development Standards, site and building design standards in Section 16.13.030, and applicable development standards (e.g. landscaping, parking, and loading, etc.) in Article III, Site Planning and General Development Standards. |
|---|---|
| TABLE 16.13-2 INNOVATION DISTRICT GENERAL DEVELOPMENT STANDARDS(1) (2) |
|
| Development Feature | Standard |
| TABLE 16.13-2 INNOVATION DISTRICT GENERAL DEVELOPMENT STANDARDS(1) (2) |
|
| Development Feature | Standard |
| Required Building Setbacks | |
| Front | 10 feet minimum |
| Rear | 10 feet minimum |
| Street Side(3) | 10 feet minimum |
| Interior Side(3) | 10 feet minimum |
| From Freeway | 100 feet minimum |
| From Residential Districts | 75 feet minimum when adjacent to a residential district |
| Maximum Building Height(4) | 150 feet |
| Minimum Ceiling Heights | 14 feet - ground floor 10 feet - above ground floor |
| Minimum Lot Size | 10,000 square feet for 1 and 2 stories, 20,000 square feet for 3 and 4 stories, and 40,000 square feet for 5 or more stories |
| Required Building Massing Stepbacks | |
| Floors 3 and Higher | Minimum 10 additional feet from face of second floor below |
| Accessory Structures | Same as main structure |
| Public Art Standards | |
| Minimum Public Art | One percent (1%) of construction costs (capped at $400,000) to public art for projects where a building permit value exceeds $5,000,000 |
| Eligible Artworks | Public art located at or near the site; no commercial messages, including designs and logos |
| --- | --- |
| Landscaping/Open Space Standards | |
| Minimum On-site Landscaping/Open Space(5) | 20 percent of the project's lot area. Amenities such as court yards, roof top gardens, outdoor dining, food trucks/vendors spaces, shade structures, plazas, and artwork on-site may count towards landscaping/open space requirements. |
| Minimum Surface Parking Area Landscaping Standards(6) | |
| 5 - 24 spaces | 5 percent of the parking area |
| 25 - 49 spaces | 7.5 percent of the parking area |
| 50 spaces plus | 10 percent of the parking area |
| Parking Requirements | |
| See Chapter 16.34, Off-Street Parking and Loading Standards | |
| (1) Portions of a site may be developed prior to development of the entire site, if it can be demonstrated that the portion does not compromise the overall comprehensive development of the site. (2) Development standards may vary for projects over ten acres in size when comprehensively planned in compliance with Chapter 16.64, Master Development Plans, or Chapter 16.66, Specific Plans. (3) Measured from right of way line or property line. (4) For structures greater than fifty (50) feet in building height and within 500 feet of existing residential districts, a public hearing shall be required, and the review shall include an evaluation of view sheds to maintain views for residential homes in the residential district and a shadow survey to avoid nonresidential buildings casting shadows on residential homes. No building shall exceed any Federal Aviation Administration (FAA) requirements. (5) See Chapter 16.28, Landscaping Standards and Water Efficient Landscaping. (6) Minimum required parking lot landscaping area is included in required minimum on-site landscaping/open space area. |
|
(Ord. 559-20 § 5 (part), 2020)
16.13.030 Innovation District Design Standards. ¶
The following standards are provided to ensure high quality development. In order to meet a certain standard, one or a combination of features shall be incorporated in the project’s design. Exhibits A and B, depicted in Section 16.13.040, help to depict conceptual designs of what is possible within the Innovation District. Exhibit A depicts a single building project. Exhibit B depicts a multiple building project.
A. Site Planning.
1. Site Character.
a. Standard: Natural amenities (e.g., views, mature trees, creeks, riparian corridors, and topographic features) unique to the site should be preserved and incorporated into the project's design whenever possible.
b. Standard: Structures that are historic or are otherwise distinctive because of their rural appearance, age, cultural significance, or unique architectural style as determined by the Director shall be preserved and incorporated into project proposals.
c. Standard: Structures shall not face their back side or loading areas onto existing or planned amenities (e.g. parks, open space, and water features) and/or streets.
d. Standard: Frontage roads or drives shall be provided adjacent to open space areas unless a project is designed to provide direct pedestrian access to the open space and the road or drive is not otherwise necessary.
e. Standard: Buildings over 10,000 square feet in size shall include an outdoor employee seating area for use during breaks and/or for lunch.
2. Land Use Buffering.
a. Standard: Noise, traffic, or odor-generating activities should be located adjacent to similar activities on adjacent properties whenever possible. Buffering between different land uses shall be in compliance with Section 16.18.120 (Screening and Buffering).
b. Standard: Loading areas, access and circulation driveways, trash enclosures, and mechanical equipment should be located within the project as-far-as practical from any adjacent residences.
c. Standard: When adjoining uses can mutually benefit from connection rather than separation, appropriate connective elements (e.g., walkways, common landscape areas, building orientation, and unfenced property lines) should be provided between the uses.
d. Standard: Window orientation in nonresidential buildings should preclude a direct line of sight into adjacent residential units and private open spaces located within one hundred (100) feet of the shared property line. Required, maintained landscaping for screening, such as evergreen trees, may provide a barrier to block the direct line of sight. e. Standard: When nonresidential buildings back-up to open space areas of residential projects, parks, or open space districts, the rear setback area shall be landscaped (consistent with Section 16.28) with direct line of sight obscuring vegetation to screen parking lots.
3. Building Placement.
a. Standard: Projects containing multiple buildings shall place a minimum fifteen percent (15%) building frontage adjacent to the front setback line. The Director may waive or reduce this standard for projects where implementation of this standard is not feasible.
b. Standard: Multiple buildings in a single project shall have a functional relationship with one-another to
achieve a "village" scale by use of at least two of the following features:
- Cluster buildings around open plaza areas, not parking lots.
- Provide courtyards with landscaping and other pedestrian amenities.
- Provide convenient pedestrian circulation between buildings and between parking areas and buildings using enhanced paving materials.
- Link buildings together visually using trellis structures, arcades, and enhanced paving.
c. Standard: Buildings should have their entrances oriented towards transit stops for convenient access.
4. Trash/Loading/Storage Areas.
a. Standard: All trash and recyclable enclosures shall match the primary structure’s architecture and building materials.
b. Standard: All trash and recyclable bins shall be stored in approved enclosures in compliance with Section 16.18.150 (Solid Waste and Recyclable Materials).
c. Standard: The location of enclosures should allow convenient access for each tenant.
d. Standard: Enclosures should be located as far away from adjacent residential uses as practical.
e. Standard: Loading facilities shall not be located at the front of buildings. These facilities shall be located at
the rear of the site or in an area that is adequately screened from view.
f. Standard: Loading facilities shall be fully screened from view from all adjacent public streets and freeways.
g. Standard: Screening of loading areas shall be accomplished with architectural elements or landscaping, or a combination of both.
5. Utility and Mechanical Equipment.
a. Standard: All mechanical equipment (e.g., compressors, air conditioners, heating and ventilating equipment, chillers, stand pipes, etc.) shall be concealed from view in compliance with Section 16.18.120 (B) (Screening and
Buffering). Screening devices shall be compatible with the architecture and color of the adjacent buildings.
b. Standard: Mechanical equipment shall not be located on the roof of a structure unless the equipment can be screened by building elements that are designed for that purpose and that are an integral part of the building design. c. Standard: Utility equipment (e.g., electric and gas meters, electrical panels, and junction boxes) shall be located in utility rooms within the structure or utility cabinets with exterior access.
B. Parking and Circulation.
1. General.
a. Standard: Parking spaces on public streets within one hundred (100) feet of the property allow for a 1:1 ratio parking reduction to required on-site parking.
b. Standard: Design should be creative and utilize features such as wrapping buildings around parking lots, subterranean parking/podium parking, shared vehicle parking, EV charging, bicycle infrastructure, and seating.
c. Standard: Projects over 10,000 square feet in floor area shall incorporate at least two of the following features:
- Shared vehicle parking.
- EV charging.
- Bicycle infrastructure.
- Dedicated raised pedestrian access from parking areas to the project entrance.
d. Standard: Parking lots shall be separated from buildings by a raised walkway, landscape strip, or combination of such a minimum five (5) feet in width, with a minimum three (3) foot wide walkway. Mow strips are not required in this situation. Parking aisles and/or parking spaces shall not directly abut a building.
e. Standard: A multiple building project may have multiple ownerships, but shall be integrated with a common circulation system.
2. Project Entry.
a. Standard: Parking lots with over one hundred (100) parking stalls shall provide a main entry drive from a public street for a minimum distance of forty (40) feet and shall include a minimum four (4) foot-wide sidewalk from the street to the first cross aisle on at least one side, and at least one of the following features:
- A minimum seven (7) foot wide landscaped enter median from the public street to the first cross aisle.
- Two seven (7) foot-wide landscaped parkways flanking the main entry drive. The parkway that abuts the sidewalk may be reduced in width to four (4) feet.
b. Standard: The first aisle juncture that intersects the main entry drive shall be placed at least forty (40) feet back from the public street right-of-way to provide adequate queuing distance off the street. Final locations shall be subject to review and approval by the city engineer.
c. Standard: Entry drives shall be located a minimum of two hundred (200) feet apart and at least one hundred (100) feet from any street intersection property line to driveway centerline. Also, access drives shall be located a minimum of twenty (20) feet from side property lines unless a shared drive is provided.
3. Site Access.
a. Standard: Projects with more than one hundred (100) parking stalls that are located on an arterial or larger road shall coordinate access points with median openings and existing driveways on the opposite side of the roadway. Final locations shall be subject to review and approval by the city engineer.
b. Standard: Projects with more than two hundred (200) parking stalls that are located on an arterial or a larger street shall provide deceleration lanes adjacent to their major entry per city standards.
c. Standard: Whenever possible, access drives should be located on side streets to maintain efficient traffic flow on major roadways.
- d. Standard: All driveway radii shall be per city standards.
4. Pedestrian Access.
a. Standard: Drop-off points (i.e., wider aisles, frontal loading/unloading) shall be located near major building entries and plaza areas for projects over fifty thousand (50,000) square feet of floor area.
b. Standard: Parking areas shall be designed so that pedestrians walk parallel to moving cars in parking aisles. Minimize the need for pedestrians to cross parking aisles and landscape islands to reach building entries by providing walkways.
c. Standard: Clearly defined pedestrian access shall be provided from transit/bus stops to primary building entrances. In projects with more than one hundred (100) parking stalls, pedestrian walkways shall be provided through the parking areas from transit/bus-stops.
d. Standard: All projects shall provide a connection of the on-site pedestrian circulation system to the off-site public sidewalk.
e. Standard: Meandering sidewalks shall be provided in the Innovation zoning district when required by the Director.
f. Standard: Parking lots with over one hundred (100) stalls shall provide a separate pedestrian walkway from
the public sidewalk to the on-site walkways. At a minimum, this main entry sidewalk shall provide the following:
- Be located on one side of the main entry drive aisle.
- Be a minimum of four feet (4) wide.
- Be raised and protected from the drive aisle by a six (6) inch high curb.
- Be constructed of concrete or an interlocking paving system. Asphalt sidewalks are not allowed.
g. Standard: Emphasis at pedestrian crossings of driveways and major circulation aisles shall be accentuated at building entries by extending the sidewalk to the back edge of the parking spaces.
5. Bus Turnouts.
a. Standard: Bus turnouts may be required wherever the potential for auto/bus conflicts warrants separation of transit and passenger vehicles. Bus turnouts shall be considered by the city engineer when at least two of the following conditions apply:
- Bus parking in the curb lane is prohibited;
- Traffic in the curb lane exceeds two-hundred and fifty (250) vehicles during peak hour;
- Passenger volumes exceed twenty (20) persons boarding an hour;
- Traffic speed is greater than forty-five (45) miles per hour; and
- Accident patterns are recurrent.
b. Standard: Bus turnouts shall be designed in compliance with city standards.
C. Architectural Design.
1. Architectural Style.
a. Standard: No specific architectural style or design theme is required. A variety of architectural characteristics may be considered to add to the city's overall image. However, while variety in design is generally encouraged, compatibility of new projects with their architectural style and surroundings should be a priority.
2. Design Consistency.
a. Standard: Designs shall demonstrate a consistent use of colors, materials, and detailing throughout all elevations of a building and throughout all buildings of a multiple building project.
b. Standard: Elevations that do not directly face a street shall not be ignored or receive only minimal architectural treatment. Building articulation is required on all sides of the building.
c. Standard: Each facade shall be designed for public view and shall be appropriately landscaped in compliance with the landscaping standards in Chapter 16.28 (Landscape Standards).
3. Form and Mass.
a. Standard: Designs shall provide a sense of human scale and proportion. Structures shall be designed to avoid a "box-like" appearance and adhere to the required building step backs discussed in Table 16.13-2 Innovation District General Development Standards. In addition, structures should incorporate the following design features:
- Provide horizontal and vertical wall articulation through the use of arcades, towers, and wall recesses and projections.
- Provide architectural detail through the use of columns, three- dimensional decorative cornice bands,
recessed entries and windows, and awnings and canopies.
- Use different, but compatible, building materials with varying textures and colors.
b. Standard: Entries shall have areas that are protected from the elements and shall create a focus and sense of
entry for the building by use of at least two of the following design features:
- An entry courtyard with landscaping and a feature, such as a fountain or sculpture.
- Provide wall recesses.
- Use roof overhangs.
- Incorporate canopies and awnings.
- Include arcades with a small courtyard or feature.
- Install pedestrian oriented signs.
4. Roofs.
a. Standard: Variations in roof lines shall be used to add interest to, and reduce the massive scale of large commercial buildings. Roofs shall incorporate at least two of the following features:
- Parapets concealing flat roofs and rooftop equipment. The average height of a parapet shall not exceed fifteen (15) percent of the height of the supporting wall and parapets shall not at any point exceed one-third the height of the supporting wall. Parapets shall incorporate a three-dimensional cornice.
- Overhanging eaves, extending at least three (3) feet past the supporting walls.
- Sloping roofs that do not exceed the average height of the supporting walls with an average slope greater than or equal to one-foot for vertical rise for every three feet of horizontal run and less than or equal to one-foot of vertical rise for every one foot of horizontal run.
- Three or more roof slope planes.
b. Standard: Parapet walls shall be treated as an integral part of the structure design.
c. Standard: Parapet walls should receive architectural detailing consistent with the rest of the facade design
and should not appear as unrelated elements intended only to screen the roof behind.
d. Standard: Where a mansard roof is incorporated into the parapet design, views from above the structure should also be considered relative to any visible structural support elements.
5. Building Materials.
a. Standard: False or decorated facade treatments, wherein one or more unrelated materials appear to be "stuck on" a building, should be avoided.
b. Standard: Artificial materials that attempt to imitate real materials (e.g., wood, stone, brick, etc.) are not
allowed.
c. Standard: The composition of materials should avoid giving the impression of thinness and artificiality.
d. Standard: Veneers should turn corners, avoiding exposed edges.
e. Standard: Stock, pre-fabricated, "off-the-shelf" metal buildings are prohibited as primary structures.
6. Colors.
a. Standard: Facade colors shall be low reflective, subtle, neutral or earth tone colors. The use of high-
intensity colors, metallic colors, black, or fluorescent colors is prohibited.
b. Standard: Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent area.
c. Standard: The transition between base and accent colors shall relate to changes in building materials or the change of building surface planes. Colors should not meet or change without some physical change or definition to the surface plane.
7. Additions to Existing Structures.
a. Standard: The design of an addition to an existing structure shall follow the general scale, proportion, massing, and detailing of the original structure. The addition shall be integrated and harmonious with the original structure, not a stark contrast.
b. Standard: Additions shall be an interpretation of the existing building wherein the main characteristics of the existing structure are incorporated into the design of the addition by use of at least two of the following design features:
- Repeat window and door spacing;
- Use harmonizing colors and materials; and/or
- Include similar, yet distinct, architectural details (e.g., window/door trim, lighting fixtures, tile/brick decoration, etc.).
D. Employee Workforce and Student Units.
1. General.
a. Standard: The use of the units by employees or students shall be associated or affiliated with the primary use of the site.
b. Standard: Each unit shall provide three hundred (300) to six hundred (600) square feet of habitable space
with a maximum of two (2) occupants per unit.
c. Standard: At a minimum, each unit must contain full sanitary facilities including a sink, toilet, shower and/or bath facilities.
d. Standard: Shared amenities shall be at least twenty (20) percent of the gross floor area and include food preparation/dining facilities, entertainment and work spaces.
e. Standard: Units are intended for rent only.
(Ord. 559-20 § 5 (part), 2020)
16.13.040 Innovation District Design Standard Exhibits. ¶
Exhibits A and B, depicted in Section 16.13.040, help to depict conceptual designs of what is possible within the Innovation District. Exhibit A depicts a single building project. Exhibit B depicts a multiple building project.
(Ord. 559-20 § 5 (part), 2020)
16.14 Special Purpose Districts ¶
16.14.010 Purpose. ¶
This chapter provides regulations applicable to development and new land uses in the special purpose zoning districts established by Section 16.06.010 (Zoning Districts Established). The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows:
A. C/I (Civic/Institutional) District. The C/I zoning district is applied to parcels appropriate for a variety of public uses, including civic centers, educational facilities, general aviation airports, government offices, hospitals, libraries and public agency facilities which may require appropriate buffering from adjacent residential designations. The C/I zoning district is consistent with the civic/institutional land use designation of the general plan;
B. P&R (Parks and Recreation) District. The P&R zoning district is applied to appropriate areas for active and passive open space and recreational areas generally open to the public. Development in this designation is subject to special review by the city. Additional details and policies for recreation/parks is included in the conservation and open space element. The P&R zoning district is consistent with the recreation/parks and private recreation land use designations of the general plan;
C. OS (Open Space) District. The OS zoning district is applied to appropriate areas to ensure the conservation and protection of natural resources, including earthquake fault zones, fire protection areas, flood plains, open space areas, steep slopes of fifty (50) percent or more and other significant habitat areas identified in the conservation and open space element of the general plan. The OS zoning district is consistent with the open space land use designation of the general plan.
TABLE 16.14-1
USE TABLE FOR SPECIAL PURPOSE DISTRICTS
| **C. OS (Open Space) District.**The OS zoning district is applied to appropriate areas to ensure the conservation and protection of natural resources, including earthquake fault zones, fire protection areas, flood plains, open space areas, steep slopes of fifty (50) percent or more and other significant habitat areas identified in the conservation and open space element of the general plan. The OS zoning district is consistent with the open space land use designation of the general plan. |
**C. OS (Open Space) District.**The OS zoning district is applied to appropriate areas to ensure the conservation and protection of natural resources, including earthquake fault zones, fire protection areas, flood plains, open space areas, steep slopes of fifty (50) percent or more and other significant habitat areas identified in the conservation and open space element of the general plan. The OS zoning district is consistent with the open space land use designation of the general plan. |
**C. OS (Open Space) District.**The OS zoning district is applied to appropriate areas to ensure the conservation and protection of natural resources, including earthquake fault zones, fire protection areas, flood plains, open space areas, steep slopes of fifty (50) percent or more and other significant habitat areas identified in the conservation and open space element of the general plan. The OS zoning district is consistent with the open space land use designation of the general plan. |
**C. OS (Open Space) District.**The OS zoning district is applied to appropriate areas to ensure the conservation and protection of natural resources, including earthquake fault zones, fire protection areas, flood plains, open space areas, steep slopes of fifty (50) percent or more and other significant habitat areas identified in the conservation and open space element of the general plan. The OS zoning district is consistent with the open space land use designation of the general plan. |
**C. OS (Open Space) District.**The OS zoning district is applied to appropriate areas to ensure the conservation and protection of natural resources, including earthquake fault zones, fire protection areas, flood plains, open space areas, steep slopes of fifty (50) percent or more and other significant habitat areas identified in the conservation and open space element of the general plan. The OS zoning district is consistent with the open space land use designation of the general plan. |
|---|---|---|---|---|
| TABLE 16.14-1 USE TABLE FOR SPECIAL PURPOSE DISTRICTS |
||||
| Key to Permit Requirements | ||||
| Symbol | Applicable Process | See Chapter | ||
| P | Permitted Use - Compliance with standards and zoning clearance |
development required(3) |
16.74 | |
| C | Conditional Use - Conditional required |
use permit | 16.52 | |
| "Blank" | Use not allowed | |||
| Land Use(1) (2) | P&R | C&I | OS | See Standards in Section |
| Billboards subject to a relocation agreement | C | C | C | 16.38.150 |
| Short-Term Vacation Rentals (STVRs) - Hosted | ||||
| Short-Term Vacation Rentals (STVRs) - Non- Hosted |
||||
| Education, Public Assembly and Recreation |
TABLE 16.14-1
USE TABLE FOR SPECIAL PURPOSE DISTRICTS
| TABLE 16.14-1 USE TABLE FOR SPECIAL PURPOSE DISTRICTS |
TABLE 16.14-1 USE TABLE FOR SPECIAL PURPOSE DISTRICTS |
TABLE 16.14-1 USE TABLE FOR SPECIAL PURPOSE DISTRICTS |
TABLE 16.14-1 USE TABLE FOR SPECIAL PURPOSE DISTRICTS |
TABLE 16.14-1 USE TABLE FOR SPECIAL PURPOSE DISTRICTS |
|---|---|---|---|---|
| Key to Permit Requirements | ||||
| Symbol | Applicable Process | See Chapter | ||
| P | Permitted Use - Compliance with standards and zoning clearance |
development required(3) |
16.74 | |
| C | Conditional Use - Conditional required |
use permit | 16.52 | |
| "Blank" | Use not allowed | |||
| Land Use(1) (2) | P&R | C&I | OS | See Standards in Section |
| Billboards subject to a relocation agreement | C | C | C | 16.38.150 |
| Short-Term Vacation Rentals (STVRs) - Hosted | ||||
| Short-Term Vacation Rentals (STVRs) - Non- Hosted |
||||
| Education, Public Assembly and Recreation | ||||
| Bingo | C | C | 16.44.210 | |
| Campgrounds | P | |||
| Child Day Care Centers | C | 16.44.050 | ||
| Churches, Places of Worship | P | |||
| Community Centers and Pavilions | P | P | ||
| Golf Courses | P | |||
| Health and Fitness Centers | P | |||
| Interpretative Centers | P | P | ||
| Libraries and Museums | C | |||
| Parks, Active | P | |||
| Parks, Passive | P | P | P | |
| Schools | P | |||
| Sports Facilities and Outdoor Public Assembly | C | C | ||
| Theater, Auditorium, Meeting Halls, and Conference Facilities |
C | C | See Definition | |
| --- | --- | --- | --- | --- |
| Trails - Multiple Use Corridors | P | P | P | |
| Open Space Resource | ||||
| Creek Corridors | P | P | P | |
| Open Space, Private/Passive | P | P | P | |
| Open Space, Public/Passive | P | P | P | |
| Natural Reserves - Habitat | P | P | P | |
| Residential | ||||
| Caretaker Housing | P | P | ||
| Emergency Shelters | P | P | ||
| Retail Trade | ||||
| Accessory Retail Uses | P | C | ||
| Cannabis Cultivation, Delivery, Dispensary, and Processing (Commercial) |
||||
| Cannabis Dispensary (Recreational Retail Storefront) |
||||
| Cannabis Testing Laboratory | ||||
| Eating and Drinking Establishments | P | P | 16.44.030 | |
| Medicinal Cannabis Delivery Service (Mobile Activities for Patients and Caregivers) |
P | P | P | 16.44.250 |
| Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) |
||||
| Services | ||||
| Assisted Living/Skilled Nursing | C | See Definition | ||
| Cemeteries and Mausoleums | C | |||
| Child Day-Care Centers | C | 16.44.050 | ||
| Medical Services Clinics, Offices and Laboratories | P | |||
| Medical Services - Hospital | C | |||
| Offices, Public | P | P | ||
| Personal Services (Limited) | P(4)(5) | See Definition 5.18, 16.44.270 |
||
| --- | --- | --- | --- | --- |
| Public Utility and Safety Facilities | P | |||
| Transportation and Communication Facilities | ||||
| Airport, General Aviation | C | |||
| Electric Vehicle Charging Stations(3) | P | P | P | 15.63, 16.34, 16.44.115 |
| Parking Facilities | P | P | P | See Definition |
| Pipelines and Utility Lines | P | P | P | |
| Wireless Facilities | C | C | C | 16.44.170B |
| (1) See Section 16.04.020 regarding uses not listed. (2) See Article VI for definitions of the land uses listed. (3) For EVCS - Subject to the Minor Conditional Use Permit appeal provisions for identified Public Health and Safety issues as described in Section 15.63. (4) Limited to a Massage Accessory Use with establishment of the following primary uses: Assisted Living/Skilled Nursing, Medical Services Clinics, Offices and Laboratories, Medical Services – Hospital, and at existing Lodging Facilities. No other Personal Services are permitted. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details. (5) Refer to Section 5.18.150 (Exemptions) for the types of “Professions and Services” which shall not be classified as a Massage Establishment. |
||||
TABLE 16.14-2
SPECIAL PURPOSE DISTRICTS
GENERAL DEVELOPMENT STANDARDS
| TABLE 16.14-2 SPECIAL PURPOSE DISTRICTS GENERAL DEVELOPMENT STANDARDS |
TABLE 16.14-2 SPECIAL PURPOSE DISTRICTS GENERAL DEVELOPMENT STANDARDS |
TABLE 16.14-2 SPECIAL PURPOSE DISTRICTS GENERAL DEVELOPMENT STANDARDS |
TABLE 16.14-2 SPECIAL PURPOSE DISTRICTS GENERAL DEVELOPMENT STANDARDS |
|---|---|---|---|
| Development Feature | P&R | C&I | OS |
| TABLE 16.14-2 SPECIAL PURPOSE DISTRICTS GENERAL DEVELOPMENT STANDARDS |
|||
| Development Feature | P&R | C&I | OS |
| Setbacks | |||
| Street | 25 feet | 25 feet | 25 feet |
| Interior | 20 feet | 20 feet | 20 feet |
| From Abutting Residential District | 15 feet | ||
| Accessory Structures | Same as Primary Structure | Same as Primary Structure | |
| --- | --- | --- | --- |
| Maximum Height Limit | 35 feet | 50 feet | 35 feet |
(Ord. 602-24 § 3 (part), 2024; Ord. 587, Exhibit A (part), 2022; Ord. 565-21, Exhibit B (part), 2021; Ord. 561-20, Exhibit B (part), 2020; Ord. 556 § 8, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 507 § 4 (part), 2016; Ord. 492 Exhibit 8, 2014; Ord. 480-13 § 7, 2013; Ord. 367 § 4 (part), 2006; Ord. 182 § 2 (part), 1997)
16.16 Combining and Overlay Districts. ¶
16.16.010 Purpose. ¶
A. Purpose. The purpose of this chapter is to provide guidance for development and new land uses in addition to the standards and regulations of the primary zoning district, where important area, neighborhood or site characteristics require particular attention in project planning.
B. Applicability. The applicability of any overlay zoning district to specific sites is shown by the overlay zoning map symbol established by Section 16.06.010 (Zoning Districts Established). The provisions of this chapter apply to development and new uses in addition to all other applicable requirements of this development code. In the event of any perceived conflict between the provisions of this chapter and any other provision of this development code, this chapter shall control.
C. The Combining and Overlay Districts Include the Following:
1. MPO (Master Plan) Overlay District. The MPO designation is applied to appropriate parcels with unique characteristics or circumstances that require additional development review. The district is subject to the density of the base zoning district and provides for clustering of residential dwelling units within projects in compliance with the master development plan process.
a. Master Development Plan Required. For any project with a master plan overlay designation, a master development plan shall be prepared pursuant to Chapter 16.64 of the development code, except that a specific plan shall be required for commercial or industrial zoned property with a master plan overlay, for the mixing of residential and non-residential land uses, or as required by the city pursuant subsection (C)(1)(c) of this section.
b. Applicable Residential Zones. A master plan overlay is restricted to the following residential zones: Rural Residential (RR);
Estate Residential 1 (ER-1);
Estate Residential 2 (ER-2);
Single-Family 1 (SF-1).
c. Specific Plan May be Required for Certain Projects. Projects in a master plan overlay may re-quire the preparation of a specific plan if required by the city, in accordance with state law, when the following occur:
The project site is of sufficient size to effectively utilize density transfers to protect and preserve significant open space areas; and/or
The project site contains environmentally sensitive habitat or species or has significant geographic constraints or requires extensive public utility extensions that necessitate detailed long-range planning to ensure adequate protection of resources and the efficient provision of public services, infra-structures, and/or utilities.
Specific plans shall comply with the density provisions of the underlying land use designation.
d. Development Standards . The following standards (Table 16.16-1) shall apply. Modifications to these standards, except for minimum lot size, may be considered as part of the review and approval of a master development plan provided in subsection (C)(1)(g) of this section:
TABLE 16.16-1 MASTER PLAN OVERLAY APPLICABLE STANDARDS
| d. Development Standards. The following standards (Table 16.16-1) shall apply. Modifications to these standards, except for minimum lot size, may be considered as part of the review and approval of a master development plan provided in subsection (C)(1)(g) of this section: |
d. Development Standards. The following standards (Table 16.16-1) shall apply. Modifications to these standards, except for minimum lot size, may be considered as part of the review and approval of a master development plan provided in subsection (C)(1)(g) of this section: |
d. Development Standards. The following standards (Table 16.16-1) shall apply. Modifications to these standards, except for minimum lot size, may be considered as part of the review and approval of a master development plan provided in subsection (C)(1)(g) of this section: |
|---|---|---|
| TABLE 16.16-1 MASTER PLAN OVERLAY APPLICABLE STANDARDS | ||
| Land Use Designation/Zone | Minimum Lot Size | Applicable Standards(1) |
| Rural Residential (RR) | 20, 000 sq. ft. | ER-2 |
| Estate Residential 1 (ER-1) | 10,000 sq. ft. | ER-3 |
| Estate Residential (ER-2) | 7,200 sq. ft. | SF-1 |
| --- | --- | --- |
| Single-Family (SF-1) | 5,000 - 6,000 sq. ft.(2) | SF-2 |
| Notes: (1) See Table 16.08-1 "Use Table For Residential (Single-Family) Zoning Districts"; Table 16.08-3 “Residential (Single-Family) Zones General Development Standards”; and Section 16.08.030 "Single-family Residential Design Standards and Parameters" for additional standards. In addition to the above-described standards, all applicable standards pertaining to single-family residential development, including but not limited to landscaping, parking etc. shall apply. (2) Five thousand (5,000) square foot lots may be allowed for up to ten (10) percent of the project and six thousand (6,000) square foot lots may be allowed for up to twenty (20) percent of the project. |
e. Modifications to Development Standards. Modifications to development standards may be approved in order to allow greater flexibility in dealing with site-specific issues, such as preservation of environmentally sensitive areas, efficient use of infrastructure, and allow for the inclusion of on-site amenities such as open spaces, enhanced landscaping and recreational opportunities. As the number and extent of any proposed development standard modifications increase, it is expected that the number and extent of the public amenities would expand accordingly. f. Project Amenities. The development project shall provide public benefit beyond that normally required of a similar development outside of an MPO by the provision of such things as equestrian facilities, public open space, on and/or off site infrastructure improvements, public playgrounds, trails and other recreational facilities, or other beneficial public use facilities to the satisfaction of the city council as part of the master development plan review process.
it beyond that normally required of a similar development outside of an MPO by the provision of such things as equestrian facilities, public open space, on and/or off site infrastructure improvements, public playgrounds, trails and other recreational facilities, or other beneficial public use facilities to the satisfaction of the city council as part of the master development plan review process.
g. Modifications to Standards for Public Benefit. Modifications to the standards specified herein may be approved in order to allow greater flexibility in reaching the objectives of the master plan and to meet the needs of a particular site. Any modifications must demonstrate that the public benefit is being provided.
3. SHO (Scenic Highway) Overlay District. The SHO designation is applied to the I-15 and I-215 corridors, as defined in the Master Plan of State Highways Eligible for Official Scenic Highway Designation, to provide protection for scenic qualities of historic significance with appropriate conservation plans. The SHO designation is consistent with the scenic highway/special corridor designation in the conservation and open space element of the general plan. (Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.16.020 Planned Residential Development General Standards. ¶
1. PRD (Planned Residential Development). The PRD standards can be utilized on all land zoned SF-2 (singlefamily residential), MF-1 (multi-family residential). The standards allow for the development of single-family detached and attached units on residential lots which are smaller than four thousand three hundred fifty (4,350) square feet, by requiring the use of common usable open space within the development in either a neo-traditional, courtyard cluster or alley access site design. Per Chapter 16.56, a development plan must be filed concurrent with the request for a planned residential permit, and the proposed project must meet all requirements set forth in Table 2-X and Section 16.16.020.
hree hundred fifty (4,350) square feet, by requiring the use of common usable open space within the development in either a neo-traditional, courtyard cluster or alley access site design. Per Chapter 16.56, a development plan must be filed concurrent with the request for a planned residential permit, and the proposed project must meet all requirements set forth in Table 2-X and Section 16.16.020.
| detached and attached units on residential lots which are smaller than four thousand three hundred fifty (4,350) square feet, by requiring the use of common usable open space within the development in either a neo-traditional, courtyard cluster or alley access site design. Per Chapter 16.56, a development plan must be filed concurrent with the request for a planned residential permit, and the proposed project must meet all requirements set forth in Table 2-X and Section 16.16.020. |
detached and attached units on residential lots which are smaller than four thousand three hundred fifty (4,350) square feet, by requiring the use of common usable open space within the development in either a neo-traditional, courtyard cluster or alley access site design. Per Chapter 16.56, a development plan must be filed concurrent with the request for a planned residential permit, and the proposed project must meet all requirements set forth in Table 2-X and Section 16.16.020. |
detached and attached units on residential lots which are smaller than four thousand three hundred fifty (4,350) square feet, by requiring the use of common usable open space within the development in either a neo-traditional, courtyard cluster or alley access site design. Per Chapter 16.56, a development plan must be filed concurrent with the request for a planned residential permit, and the proposed project must meet all requirements set forth in Table 2-X and Section 16.16.020. |
detached and attached units on residential lots which are smaller than four thousand three hundred fifty (4,350) square feet, by requiring the use of common usable open space within the development in either a neo-traditional, courtyard cluster or alley access site design. Per Chapter 16.56, a development plan must be filed concurrent with the request for a planned residential permit, and the proposed project must meet all requirements set forth in Table 2-X and Section 16.16.020. |
|---|---|---|---|
| TABLE 16.16-2 PRD GENERAL DEVELOPMENT STANDARDS | |||
| Development Feature(6) | Neo-Traditional - Type A(1)(2) (5)(6) |
Neo-Traditional - Type B(1) (2)(5)(6) |
Courtyard Cluster/Alley Access(1)(2)(5)(6) |
| TABLE 16.16-2 PRD GENERAL DEVELOPMENT STANDARDS | |||
| Development Feature(6) | Neo-Traditional - Type A(1)(2) (5)(6) |
Neo-Traditional - Type B(1) (2)(5)(6) |
Courtyard Cluster/Alley Access(1)(2)(5)(6) |
| --- | --- | --- | --- |
| Detached Single-Family Unit | 1 Unit Configuration | 1 Unit Configuration | 1 Unit Configuration |
| Attached Single-Family Units | 2-3 Unit Configuration | 2-3 Unit Configuration | 2-3 Unit Configuration |
| Minimum Parcel Size | 4,000 sq. ft. | 3,500 sq. ft. | 2,750 sq. ft. |
| Minimum Site Area Equivalent Per Dwelling Unit for an Attached Single-Family Unit |
4,000 sq. ft. | 3,500 sq. ft. | 2,750 sq. ft. |
| Minimum Parcel Width | 45 ft. | 40 ft. | 35 ft. |
| Maximum Livable Area | 2,100 sq. ft. | 2,100 sq. ft. | 1,800 sq. ft. |
| Minimum Livable Area | 1,000 sq. ft. | 1,000 sq. ft. | 1,000 sq. ft. |
| Setbacks Required(5) | |||
| Front | 10 ft.(3) | 10 ft.(3) | 10 ft. |
| Side (each) | 0 - 10 ft.(4) | 0 - 10 ft.(4) | 0 - 10 ft.(4) |
| Street side | 10 ft. | 10 ft. | 10 ft. |
| Rear | 15 ft. | 15 ft. | See Section 16.16.030(A)(5) |
| Accessory Structures | See Section 16.44.150 (Residential Accessory Uses and Structures) | ||
| Maximum Parcel Coverage | 50% | 50% | 60% |
| Maximum Height Limit | 35 ft. | 35 ft. | 35 ft. |
| Common Open Space | 425 sq. ft./unit | 500 sq. ft./unit | 750 sq. ft./unit |
| Private Open Space | 675 sq. ft./unit | 600 sq. ft./unit | 350 sq. ft./unit |
| Notes: (1) The standards below are for attached and detached single-family units. (2) The number of dwelling units in a planned development shall not exceed the density permitted by the underlying zone. The density regulations of the underlying zone may be applied to the total developable area of the planned development rather than separately to individual lots. In no case shall the density of the project be inconsistent with the general plan. (3) The front yard setback must be a minimum of ten feet to an architectural feature (ex: front porch or bay window). The setback for the garage door must be at least twenty (20) feet from the back of the sidewalk, or the back of curb if there is no sidewalk. Projects incorporating side-loaded garages may use a ten (10) foot minimum setback to the garage. See Section 16.16.030(A)(5)(a) below. (4) The total distance between structures must be at least ten feet per California Building and Fire Code standards. If any side yard setback is less than three feet, easements may be required on the adjacent property to allow for proper fire and emergency access. (5) See Section 16.16.030(A)(5) for additional design criteria. (6) Exception to Development Standards - See Section 16.44.160 (Accessory Dwelling Units) for lot coverage, setbacks, and square footage provisions as required per State law. |
|||
(Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 538, Exhibit A (part), 2018; Ord. 252 (part), 2002)
16.16.030 Planned Residential Development Design Standards and Parameters. ¶
The following standards and parameters are provided to ensure a level of quality that must be complied with or satisfied in all planned residential developments (PRD). In addition to the general provisions of the underlying zone
and Chapter 16.16 (Combining and Overlay Districts), a PRD shall comply with the following standards. Parameters are provided to allow flexibility by providing options for implementing specific standards. In order to meet a certain standard, one or a combination of parameters shall be incorporated in the project’s design. In some instances, there will be no parameter(s) identified for a particular standard and this will be noted.
A. Site Planning. The following standards and parameters deal with the internal organization of planned residential developments. The intent of the standards and parameters is to ensure that the relation-ships of units to each other and to other on-site uses are functional, attractive, and create a visual variety along the project's streets.
1. Lot Layout.
a. Standard: A project may be designed using one, two or all three of the lot designs within the project. Attached single-family units with up three units within a building may be option as well for any of the three lot designs with implementation of a modified typical interior setback(s) (See Table 16.16-2 “PRD General Development Standards” for additional details). All other PRD standards would apply for this type of attached configuration. The standards that apply to any given lot will depend upon where access to the garage is obtained. A neo-traditional (Refer to Diagram 16.16-1) lot will have garage access from the front of the house to the project local street. Cluster courtyards and alley access lots will have garage access to the side of the house from either a courtyard or an alley.
Parameters:
- The neo-traditional development consists of detached single-family dwellings on individuals lots. Lots are of approximately equal size, and are placed adjacent to one another throughout the entire project area. Common open space areas are dispersed throughout the project. A two-car garage shall be provided for each unit.
Diagram 16.16-1 - Neo-Traditional Development Lot Configuration – Single- Family Home Typical Layout
- The courtyard cluster or alley access development layout (Refer to Diagram 16.16-2) permits a reduction in lot area, resulting in an increase in the overall density of the project. Single-family homes are clustered around an access courtyard or provided with rear alley access, Garages have access from the courtyard or from the alley. Common usable open space areas are provided throughout the project. Private fenced patio area is provided for each unit. A two-car garage shall be provided for each unit.
Diagram 16.16-2 – Courtyard Cluster and Alley Access Development Lot Configuration – Single-Family
Home Typical Layout
2. Parking.
a. Standard: All units shall have at least two full-size enclosed residential parking spaces. A three -car garage is not permitted, unless the third space is located within a tandem configuration.
Parameters: None.
b. Standard: Driveways for a neo-traditional lot design shall be large enough to provide for additional offstreet parking. Driveway length is measured from back of sidewalk, or back of curb where there is no sidewalk. Parameters:
- Driveways for neo-traditional lots shall have a minimum of twenty (20) feet in length.
c. Standard: Visitor parking shall be provided. Standards set forth in Section 16.34.040 regarding the number of spaces to be provided shall be followed.
Parameters:
- On-street parallel parking on project streets may satisfy this requirement. On-street parallel parking on at least one side of the street is strongly encouraged. If the project lacks adequate on-street parking, additional parking bays dispersed throughout the project shall be provided.
d. Standard: Additional parking spaces, in excess of the required visitor parking, at a ratio of one space per ten units included in the entire project, shall be provided at the primary recreation facility.
Parameters: None.
3. Common Recreational Space.
a. Standard: Open space areas designed for common recreation use shall be provided for all residential developments at a ratio of four hundred twenty-five (425) square feet per unit for neo- traditional units and seven hundred fifty (750) square feet per unit for courtyard cluster or alley access units.
Parameters: None.
b. Standard: Specifically excluded from meeting the common usable open/recreational space requirement are driveways, parking areas, fenced areas, which are inaccessible to residents, areas with slopes of fifteen (15) percent or greater, and any other areas deemed not to be primarily used for open recreational purposes by the planning commission or city council.
Parameters: None.
c. Standard: For all projects, common usable space areas shall be designed so that a horizontal rectangle inscribed within it has no dimension less than ten feet.
Parameters: None.
d. Standard: Residential projects with twenty-five (25) to seventy-four (74) units shall provide at least one common, active recreation area with a minimum size of four thousand (4,000) square feet, to meet a portion of these requirements. Residential projects with seventy-five (75) units or more shall provide at least two common, active recreation areas with a minimum size of four thousand (4,000) square feet or one area with a minimum size of eight thousand square feet to meet a portion of these requirements.
Parameters: None.
e. Standard: Each recreation area shall provide amenities to commensurate with the project's unit count and expected residents.
Parameters: Examples include swimming pool, jungle gym, sand pit, basketball court, sand volleyball court, swing set, barbeques and picnic tables.
4. Streets.
a. Standard: Private streets are required within a planned residential development, provided their width and geometric design must be related to the function, topography and needs of the development, and their structural design, pavement and construction must comply with the requirement of the city’s street improvement standards. Parameters: None.
b. Standard: Private streets may incorporate one of the following parameters: Parameters:
- Streets with two lanes and parking on both sides, shall have a minimum width of thirty- six (36) feet.
- Streets with two lanes and parking on one side, shall have a minimum width of thirty-two (32) feet.
- Streets with two lanes and no parking shall have a minimum width of twenty-eight (28) feet.
- Alleys which are not considered fire lanes by the fire official, may have a minimum width of twenty-four
(24) feet.
c. Standard: No parking shall be permitted on private alleys.
Parameters: None.
d. Standard: Streets with curves or jogs at intervals of no more than three hundred (300) feet are strongly encouraged in all PRDs to enhance the visual quality of the streetscape.
Parameters: None.
5. Setbacks.
a. Front Yards on Streets : Front yard setbacks along private streets shall be varied throughout the project. Alternative placement of homes and garages closer to and farther back from the street create different patterns of open
space along the street edge and break up an otherwise monotonous view of houses built along the same setback. The project may achieve this by incorporating one of the following parameters:
Parameters:
- Varying architectural features, such as bay windows, porches, and side-loaded garages.
- No more than two adjacent residences shall incorporate the same setback.
b. Yards Abutting Common Open Space : Courtyard clusters and alley access units may have entries that face common open space. In this case, a minimum five-foot setback shall be provided to the lot line. When the private patio area abuts common open space, no setback is required to the patio wall or fence.
c. Garage Setbacks : Garages taking access from a courtyard or alley must have garage doors set back between two to five feet, or at least twenty (20) feet. Setbacks between five and twenty (20) feet are specifically prohibited to preclude parking in front of garage doors without adequate depth to accommodate the car.
6. Private Open Space.
a. Standard: Each lot shall contain a private outdoor yard and/or patio area enclosed by a wall or fence. This area shall be usable for the exclusive use of the residents of the lot.
Parameters:
For neo-traditional lots, the required rear yard area shall include a level private outdoor area of at least six hundred(600) square feet in area with a minimum dimension of fifteen (15) feet(See “Table 16.16-2 PRD General Development Standards” for the two neo-traditional types and additional criteria).
For cluster courtyards or alley access lots, a level private outdoor area of an area of three hundred fifty (350) square feet, with a minimum dimension of ten feet, shall be provided on each lot. This area may be located in the front of the unit, between the unit and a detached garage, or within the side yard setback.
- The private exterior area where proposed mechanical equipment (i.e. air conditioning condensing units, etc.) is proposed shall not count towards the required square footage.
7. Recreational Vehicle Storage.
a. Standard: All projects containing twenty-five (25) units or more shall provide space to store campers, trailers, boats, etc. The storage space shall be located in specifically designated areas, and be made available for the exclusive use of the residents of the planned development.
Parameters:
- The area provided for recreational vehicle storage shall be equal to at least twenty (20) square feet for each
unit.
b. Standard: One space per ten dwelling units at a size of two hundred (200) square feet for each required space.
Parameters: None.
c. Standard: The required storage space shall be adequately screened from all residences and adjoining properties.
Parameters:
- A view-obscuring wall may be constructed between the open parking area and the adjacent residences.
- Landscaping techniques may be used to screen the open parking area from the adjacent residences.
B. Parkland Dedication.
a. Standard: Each project will be required to fulfill one hundred (100) percent of Quimby Act requirements. No credits will be provided for private open space.
Parameters: None.
- C. Lighting.
a. Standard: Lighting shall be provided on-site consistent with city standards for pedestrian safety, vehicular safety, and for security purposes.
Parameters: None.
D. Utilities.
a. Standard: There shall be separate utility systems for each unit.
Parameters: None.
E. Landscaping.
1. Walls and Fences.
a. Standard: The project shall follow wall and fence guidelines found in Chapter 16.08 of the Murrieta
development code.
Parameters: None.
2. Project Entry.
a. Standard: All projects shall provide a project entry. The minimum parameters are required:
Parameters:
- The use of landscaping to create themes which will continue throughout the project.
- The use of decorative paving in order to enhance the entry to the residential project.
- Wall signs which identify the project.
b. Standard: At least one of the following “sense of place” components:
Parameters:
- Incorporation of water features such as fountains and/or small pools pursuant to State requirements regulating water usage.
- The use of a thematic vertical elements at the main entrance.
- The use of decorative benches and other types of exterior seating which are thematic to the project.
F. Homeowner's Association.
a. Standard: All projects shall create a homeowner's association in order to address maintenance of the
common open space. The CC&Rs for the project will be subject to review and approval of the city attorney.
Parameters: None.
G. Home Types and Styles.
a. Standard: A minimum of fifteen (15) percent of the residences within a PRD may be required by the city to be one-story, with a height not exceeding twenty (20) feet.
Parameters: None.
b. Standard: Additional front and/or side yard setbacks may be required by the city for two-story homes within a PRD.
Parameters: None.
c. Standard: Varied architectural styles and/or exterior materials may be required by the city for the homes within a PRD.
Parameters: None.
(Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 252 (part), 2002)
16.16.040 Transit Development Oriented Overlay. ¶
A. Transit Oriented Development Overlay District. The purpose of the Transit Oriented Development (TOD) Overlay District is to allow a mixture of residential and non-residential development in close proximity to transit to
encourage mixed land uses for enhanced transit and pedestrian activity. This designation is applied to parcels as shown in the official zoning map.
- The TOD Overlay District is intended to:
a. Stimulate economic development and reinvestment through regulations based upon recognized urban design principles that allow property owners to respond with flexibility to market forces;
b. Create a pedestrian-oriented mix of uses with convenient access to transit between area neighborhoods, housing, employment centers, and retail services;
c. Accommodate intensities and patterns of development that can support multiple modes of transportation including public transit, bicycles, and walking;
d. Facilitate well-designed new mixed-use development projects that combine residential and nonresidential uses (e.g., office, retail, business services, personal services, public spaces and uses, other community amenities, etc.) to promote a better balance of jobs and housing;
- e. Ensure compatibility with adjacent existing single-family neighborhoods and harmonious integration with existing commercial areas;
f. Encourage the development of a unique zone character through a streetscape that provides attractive features (e.g., landscaping, street furniture, niche or linear parks, public places, courtyards, public transportation shelters; etc.) designed to integrate the public realm (e.g., streets, sidewalks, etc.) with development on adjacent private property; and
g. Provide additional development opportunities. This intent is achieved by providing additional development rights in compliance with this chapter, which property owners may exercise under certain conditions, while retaining all development rights conferred by the underlying zone to property owners in the TOD Overlay Zone. Incentives and advantages include allowing a greater range and mix of uses and specifying more permissive dimensional specifications (e.g., greater building heights; reduced setbacks; etc.).
B. Authority and Applicability. The provisions of the TOD Overlay District supplement those of the applicable underlying zoning district. Where the TOD Overlay District and base zone provisions conflict, the standards and regulations of the TOD Overlay District shall apply. A TOD shall be processed in accordance with chapter 16.56 Development Plan Permits.
- C. Allowable Uses and Permit Requirements. All uses in the applicable underlying zoning district are allowed. In addition, the following land uses shall also be permitted in the TOD Overlay District:
Multi-Family Residential;
Mixed-Use Development, where residential and nonresidential uses are integrated vertically or horizontally, including live/work opportunities; and
Other similar uses compatible with the objectives of the TOD as determined by the director.
D. General Development Standards. New land uses and structures, and alterations to existing land uses and structures within the TOD Overlay District, shall be designated, constructed, and/or established in compliance with the requirements of the base zones, with the following exceptions:
| Development Feature | All Zones Within TOD Overlay District |
|---|---|
| Development Feature | All Zones Within TOD Overlay District |
| Front Setbacks | 10 foot minimum to 20 foot maximum |
| Maximum Height Limit | 150 feet |
| Publicly Accessible Open Space (for nonresidential uses as part of mixed-use development only) |
10% of net lot area |
| --- | --- |
| Residential Density Range | Minimum 30 du/acre |
| Private Residential Open Space (for all multi-family residential uses) |
50 sq. ft. per unit |
| Common Residential Open Space (for stand-alone multi-family residential developments only) |
150 sq. ft. per unit |
| Recreational Amenities/Facilities (for stand-alone multi-family residential developments and mixed-use developments) |
For projects containing 25 or more dwelling units, provide one recreational amenity for each 30 dwelling unit or fraction thereof |
1. Open Space: The following standards shall apply to the requirements for open space:
a. Usable Open Space Defined. Usable open space areas are an open area or an indoor or outdoor recreational facility which is designed and intended to be used for outdoor living and/or recreation. Usable open space shall not include any portion of parking areas, streets, driveways, sidewalks, or turnaround areas.
- b. Usable Open Space Requirements.
i. Publicly Accessible Open Space.
a. All new non-residential development as part of a mixed-use project shall provide 10% of the total net lot area of publicly accessible open space as a percentage of the total development site, as indicated in the above table.
b. Publicly accessible open space can consist of plazas, courtyards, landscaping, community gardens, hardscapes, outdoor dining, pedestrian walkways, or any other feature that is accessible by the public and deemed appropriate by the director.
c. Publicly accessible open space areas shall not include parking areas, driveways, sidewalks or rear setback areas, but may include front or side setback areas provided that they are integrated into the overall design of the project.
d. Publicly accessible open space areas shall be installed at ground level and be incorporated into the design of the development.
ii. Private Residential Open Space.
a. For stand-alone mufti-family residential projects or as part of a mixed-use development, each residential unit shall be provided with at least one area of private open space accessible directly from the living area of the unit, in the form of a fenced yard or patio, a deck or balcony at a minimum area of fifty (50) square feet.
b. The minimum dimension, width or depth, of a balcony shall be five (5) feet.
iii. Common Residential Open Space.
a. For stand-alone multi-family residential developments, each residential unit shall be provided with at least one hundred fifty (150) square feet of common residential open space.
b. All common open space shall be conveniently located and accessible to all dwelling units on the site.
c. Common open space areas may include landscaping, pedestrian paths, and recreational facilities.
d. In projects containing fewer than ten (10) units, the common open space shall have a minimum width and depth of ten (10) feet. In projects containing ten (10) or more units, the minimum width and depth shall be twenty (20) feet.
iv. Recreational Amenities/Facilities.
a. For projects containing twenty-five (25) or more residential units in stand-alone multi-family residential developments and as part of a mixed-use development, one common recreational amenity shall be provided for each thirty (30) units or fraction thereof. The following listed amenities satisfy the above recreational facilities requirements. Recognizing that certain facilities serve more people than others, have a wider interest or appeal, and/or occupy more area, specified items may be counted as two (2) amenities, as noted. In all cases, each square foot of land area devoted to a recreational amenity shall be credited as common open space on a 1:1 basis.
i. Clubhouse (two);
ii. Swimming pool (two);
iii. Tennis court (one per court);
iv. Basketball court (one per court);
v. Racquetball court (one per court);
vi. Weightlifting facility;
vii. Children's playground equipment;
viii. Sauna;
ix. Jacuzzi;
x. Day care facility (two);
xi. Other recreational amenities deemed adequate by the planning director.
E. Design Standards. The following design standards are provided to ensure a level of quality that must be complied with or satisfied in all residential and non-residential developments within the TOD Overlay District. Standards are mandatory requirements for all development within the TOD Overlay District, and supplement the standard provisions required for the base zones. Where the TOD Overlay District and base zone provisions conflict, the standards and regulations of the TOD Overlay District shall apply. Deviations from specific standards may be allowed in compliance with Chapter 16.72: Variances. Development within the TOD Overlay District shall be responsive to its context and compatible with adjacent development, and shall enhance transit and pedestrian activity.
1. Site Plan Design.
a. Land Use Buffering. Loading areas, access and circulation driveways, trash, storage areas, and mechanical equipment related to commercial uses shall be located as far as possible from adjacent residences and residential portions of mixed use developments.
b. Building Orientation. Placement of buildings shall be done in consideration of existing and planned uses, and generally consistent with the following standards:
i. Buildings shall be oriented to face public streets.
ii. Building frontages shall be generally parallel to streets, and the primary building entrances shall be located on a public street.
iii. Building entrances shall be emphasized with special architectural and landscape treatments.
iv. Entrances located at corners shall generally be located at a forty-five (45) degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other architectural elements. All building and dwelling units located in the interior of a site shall have entrances from the sidewalk that are designed as an extension of the public sidewalk and connect to a public sidewalk.
v. Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.
vi. Optimize building orientation for heat gain, shading, daylight, and natural ventilation.
- c. Parking Areas. The following design standards apply and design guidelines shall be considered:
i. Automobile parking, driving, and maneuvering areas shall not be located between the main building and a street. For sites that abut a street, parking may be located at the rear of the building or on one or both sides of a building.
ii. Shared parking is encouraged. On lots serving more than one use, the total number of spaces required may be reduced, provided that the applicant submits credible evidence to the satisfaction of the director that the peak parking demand of the uses do not coincide, and that the accumulated parking demand at any one time shall not exceed the total capacity of the lot.
iii. Where feasible, ingress and egress from parking shall be from side streets or alleys.
iv. Surface parking lots shall be located in the rear of the building.
v. Surface lots shall be screened along all public sidewalks by a landscaped buffer, or a combination of landscape and walls compatible with adjacent architecture.
vi. Surface parking lots shall have well-designed and marked pedestrian walkways and connections to the sidewalk system.
vii. Subterranean parking and parking garages are allowed.
d. Landscape and Open Space. The area between a building or exterior improvement and the property line for non-residential developments shall:
- i. Include substantial landscaping to create a pedestrian-friendly environment: or
ii. Be paved with a hard surface so that it functions as a wider public sidewalk for use by pedestrians (the use of porous paving materials for hard surfacing is encouraged): or
iii. Contain public spaces that include entry courtyards, plazas, entries, or outdoor eating and display areas that include pedestrian amenities such as seating areas, drinking fountains, and or other design elements such as public art and planters.
e. Transition of Density.
i. Where new projects are built adjacent to existing lower-scale residential development, the building types, massing, and orientation shall be compatible with the existing development.
ii. Windows and floor balconies of the new development shall be positioned so they minimize views onto neighboring properties.
f. Building Facades. The following design standards apply to nonresidential or mixed-use developments:
i. All buildings shall provide a main entrance on the facade of the building facing a transit station or streets leading to a transit station.
ii. Facades over fifty (50) feet in length should be divided into shorter segments by means of facade modulation, repeating window patterns, changes in materials, canopies or awnings, varying roof lines and/or architectural treatments.
iii. The ground floor of a front commercial facade should contain a minimum of fifty (50) percent glass.
iv. Architectural style and materials shall be compatible with the surrounding area. And facades must provide a visually interesting environment.
v. All buildings shall articulate the line between ground and upper levels with a cornice, canopy, balcony, arcade, or other visual device.
g. Street Frontage Improvements. New development shall provide street frontage improvements between the property line and curb in accordance with the following:
i. Pedestrian amenities. Trash receptacles, benches, bicycle racks, public art, planers, and other street furniture shall be provided,
ii. Street lights. Pedestrian scaled street lights shall be provided.
iii. Street Trees. Shade trees shall be planted at least thirty (30) feet on center, or as approved by the director,
and require minimal maintenance and are native in origin.
- h. Signage.
i. A sign program shall be required in accordance with Chapter 16.38.
(Ord. 482-13 § 2, 2013)
16.18 General Property Development and Use Standards ¶
16.18.010 Purpose and Applicability. ¶
A. Purpose. The purpose of this chapter is to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the general plan.
B. Applicability. The standards of this chapter apply to more than one zoning district (e.g., residential, commercial, manufacturing, etc.), and therefore, are combined in this chapter. These standards shall be considered in combination with the standards for each zoning district in Article II (Zoning Districts and Allowable Land Uses). Where there may be a conflict, the standards specific to the zoning district shall override these general standards.
All structures, additions to structures, and uses shall conform to the standards of this chapter as determined applicable by the director, except as specified in Chapter 16.32 (Nonconforming Uses, Structures, and Parcels). (Ord. 182 § 2 (part), 1997)
16.18.020 Access. ¶
A. Access to Streets. Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road, or a private street or road, conforming to city standards. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking. Parcels located on a private street or road that were legally established prior to the effective date of this development code, are exempt from the required compliance with the latest adopted city standards for private streets or roads.
B. Access to Structures.
Accessory structures and architectural features shall be provided so that they do not obstruct access to primary structures or accessory living quarters. Also refer to Section 16.44.150 (Residential Accessory Structures and Uses).
Fences and walls shall provide an access gate or other suitable opening at least forty-eight (48) inches in width to provide access to primary or accessory structures.
(Ord. 182 § 2 (part), 1997)
16.18.030 Air Quality. ¶
A. Air Pollution. Sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, the Southern California Association of Governments, and the South Coast Air Quality Management District's (SCAQMD) Rules and Regulations and Final Air Quality Management Plan. No person shall operate a regulated source of air pollution without a valid operation permit issued by the SCAQMD. Uses, activities, or processes that require SCAQMD approval of a permit to operate shall file a copy of the permit with the department within thirty (30) days of its approval.
B. Dust and Dirt. Land use activities that may create dust emissions (e.g., construction, grading, etc.) shall be conducted to create as little dust or dirt emission beyond the boundary line of the parcel as possible including, but not limited to, the following:
1. Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading;
2. Operations During High Winds. Clearing, earth-moving, excavation operations, or grading activities shall
cease when the wind speed exceeds twenty-five (25) miles per hour averaged over one hour;
3. Area of Disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations or
grading shall be the minimum required to implement the allowed use;
4. Dust Control. During clearing, demolition, earth-moving, excavation operations, or grading, dust emissions shall be controlled by regular watering, paving of construction roads, or other dust-preventive measures (e.g., hydroseeding, etc.), subject to the approval of the city engineer.
a. Material(s) excavated or graded shall be watered to prevent dust. Watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day.
- b. Material(s) transported off-site shall be either sufficiently watered or securely covered to prevent dust.
5. On-site Roads. On-site roads shall be paved as soon as feasible. During construction, roads shall be watered
periodically, and/or shall be chemically stabilized; and
6. Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Portions of the construction site to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained, subject to the discretion of the city engineer.
C. Exhaust Emissions. Construction-related exhaust emissions shall be minimized by maintaining equipment in good running condition and in proper tune in compliance with manufacture's specifications. Construction equipment shall not be left idling for long periods of time.
D. Odor Emissions. Noxious odorous emissions in a matter or quantity that is detrimental to or endangers the public health, safety, comfort, or welfare is declared to be public nuisance and unlawful, and shall be modified to prevent further emissions release.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.18.040 Equestrian and Agriculture Preservation. ¶
A. Purpose. It is in the public interest to preserve the city's rural equestrian and agricultural character and to protect equestrian facilities, kennels and agricultural operations as a high-community priority while minimizing conflicts with new urban development. The intrusion of urban development often leads to restrictions on equestrian, kennel and agricultural operations to the detriment of the equestrian and rural agricultural uses. The purposes of this section are to:
Preserve and protect, those lands where agricultural uses and the keeping of livestock are allowed;
Support and encourage continued agricultural operations in the city: and
Notify prospective purchasers, residents and tenants of property adjoining or near agricultural operations, including the keeping of livestock (including, but not limited to, kennels). of the inherent conflicts associated with the purchase of the residence including the presence of chemicals, dust, light, noise, odors. and traffic that may occur near agricultural operations.
B. Relationship to Nuisance.
1 . Properties with existing horses or livestock in areas that allowed the keeping of animals at the time of adoption of this development code shall have the right to maintain the animals in the same manner not withstanding health and safety issues. New development shall bear the responsibility for providing appropriate buffers or setbacks between the existing development and the new development. No agricultural or livestock use shall become a nuisance to adjacent land uses, when the use was not a nuisance at the time it was established.
- This section shall not be construed as modifying existing laws relative to nuisances, but is only to be utilized in the interpretation and enforcement of the provisions of this development code.
C. Disclosure by Subdivider. The subdivider of any property located within five hundred (500) feet of land utilized or zoned for agricultural use shall disclose, through a notation on the final map of the subdivision, within conditions, covenants and restrictions (CC&Rs), if prepared, and through the recordation of a separate acknowledgment statement, the presence of agricultural and appurtenant uses in the proximity through the following, or similar statement:
d within five hundred (500) feet of land utilized or zoned for agricultural use shall disclose, through a notation on the final map of the subdivision, within conditions, covenants and restrictions (CC&Rs), if prepared, and through the recordation of a separate acknowledgment statement, the presence of agricultural and appurtenant uses in the proximity through the following, or similar statement:
"The property(ies) within this subdivision is(are) located within five hundred (500) feet of land utilized or zoned for agricultural operations and residents/occupants of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, including, but not limited to, acaricides, fertilizers. fungicides, herbicides. insecticides, and rodenticides; and from pursuit of agricultural operations, including crop production and processing, and the keeping and raising of animals which may generate dust, light, noise, odor, and traffic. The city has adopted policies to encourage and preserve agricultural uses and operations in the vicinity of the city. Residents/occupants of property(ies) within this subdivision should be prepared to accept inconveniences or discomfort as normal and necessary to agricultural operations."
D. Disclosure Prior to Issuance of Building Permits. Where a new structure intended for human occupancy is to be located on property which is located within five hundred (500) feet of land utilized or zoned for agricultural use, the owner(s) of the property shall, prior to issuance of a building permit, be required to sign and re-cord a statement in a form similar to that specified in subsection A (Disclosure by Subdivider) above. In lieu of signing the statement required above, the owner(s) may submit evidence that the statement in subsection A above, has been made a part of subdivision documents creating the parcel on which the structure is to be located.
(Ord. 253 § 2 (part): Ord. 182 § 2 (part), 1997)
16.18.050 Reserved. ¶
16.18.060 Geologic/Seismic Hazards. ¶
A. Investigation Required. In compliance with the provisions of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621, et. seq.) and the Safety Element of the city of Murrieta general plan , a geologic/soils investigation shall be required for any development proposal either located in an area where liquefaction, subsidence, landslide. and fissuring are considered hazards or involving structures for human occupancy within the earthquake fault zones shown on the maps prepared by the state of California department of Conservation. The maps delineating the earthquake fault zones and other geologic hazards are on file at the department.
B. Exemptions. Exemptions from the provisions of this section may be granted under the following circumstances: 1. The proposal involves single-family wood frame dwellings on parcels of land for which a geologic investigation has been previously prepared and approved.
The proposal is limited to an addition or alteration to a structure that does not exceed twenty-five (25) percent of the square footage of the structure prior to the proposed addition or alteration.
A waiver is granted based on a determination that there is no undue hazard of significant rupture. Waivers for proposals within the Wildomar and the Willard fault zones shall be submitted to and approved by the state geologist. C. Requirements for Critical Facilities. Active faults may exist outside of identified hazard zones. Geologic investigations shall be required for the following critical uses:
Ambulance services;
Emergency operations centers (EOC's):
Hospitals and other emergency medical facilities;
Police, fire, and communications systems:
Power plants:
Sewage treatment plants;
Utility substations;
Water works;
Those uses which manufacture, handle, or store hazardous or explosive materials; and
Occupancy capacity for schools and other public assembly uses shall be the cumulative total of all buildings and facilities which are a part of, related to, the primary use, (e.g., a school auditorium, cafeteria, classrooms, etc.) which shall be added together to calculate occupancy capacity for a proposed school site.
D. Geologic Investigation. Geologic/soils investigations shall be prepared by a geologist or soils engineer registered in the state of California. The city has the option to require a second party review of the investigation by a geologist registered in the state of California who is either an employee or under contract to the city. The applicant shall be responsible for all associated review costs. The content of the geologic/soils investigation reports shall include: purpose and scope of investigation, geologic setting, site description and conditions, and methods of investigation, subsurface and geophysical investigations, conclusions and recommendations. Copies of all geologic investigations shall be kept on file at the department.
nt shall be responsible for all associated review costs. The content of the geologic/soils investigation reports shall include: purpose and scope of investigation, geologic setting, site description and conditions, and methods of investigation, subsurface and geophysical investigations, conclusions and recommendations. Copies of all geologic investigations shall be kept on file at the department.
All investigations involving proposals within the Wildomar and the Willard earthquake fault zones shall be filed with the state geologist within thirty days following acceptance.
(Ord. 182 § 2 (part), 1997)
16.18.070 Hazardous Materials Storage. ¶
The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the city.
A minor conditional use permit is required pursuant to Chapter 16.52 (Conditional Use Permits) for the storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold(s) specified in the California Building and Fire Code(s).
For the purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services and the Riverside County Department of Environmental Health.
A. Reporting Requirements. All businesses required by state law (Health and Safety Code, Section 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the director at the same time these plans are submitted to the fire department and the Riverside County Department of Environmental Health.
B. Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code, Section 6.7; and Chapters 50 – 67 of California Fire Code and Sections 414 and 415 of the California Building Code). Businesses that use underground storage tanks shall comply with the following notification procedures:
Immediately notify the fire department of any unauthorized release of hazardous substances and take steps necessary to control the release; and
Notify the fire department and the director of any proposed abandoning, closing, or termination of operations of underground storage tank(s) and the lawful actions to be taken to dispose of any hazardous substances in accordance with all local, state, and federal codes and/or standards.
C. Aboveground Storage. Aboveground storage tanks for flammable liquids may be permitted at construction sites subject to the approval of the fire code official.
D. New Development. Structures subject to the provisions of this development code as well as all newly created parcels shall be designed to accommodate a setback of at least fifty (50) feet from any existing natural gas or petroleum pipeline. This setback may be reduced, only if the director can make one or more of the following findings:
The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;
A fifty (50) foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines, or easements; or
A containment system or other mitigating facility shall be constructed, and the city engineer finds that a leak would accumulate within the reduced setback area. The design of the system shall be subject to the approval of the city engineer and a fire code official approved by the fire protection engineer.
For the purpose of this section, a pipeline is defined as follows:
A pipe with a nominal diameter of six inches or more that is used to transport hazardous liquid, but does not include a pipe used to transport or store hazardous liquid within a refinery, storage, or manufacturing facility; or
A pipe with a nominal diameter of six inches or more operated at a pressure of more than two hundred seventyfive (275) pounds for each square inch that carries gas.
- E. Notification Required. A subdivider of a development within five hundred (500) feet of a pipeline shall notify a new/potential owner at the time of purchase and at the close of escrow of the location, size, and type of pipeline. (Ord. 610-24 § 3, 2024; Ord. 430-10 § 1, 2010; Ord. 182 § 2 (part), 1997)
16.18.080 Height Measurement and Height Limit Exceptions. ¶
All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with Chapter 16.22 (Fences, Hedges, and Walls).
A. Maximum Height. The height of structures shall not exceed the standard established by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses). Maximum height shall be measured as the vertical distance from finish grade to an imaginary plane located the allowed number of feet above and parallel to the finish grade.
FIGURE 3-1
HEIGHT MEASUREMENT
B. Structures on Sloping Parcels. Where the average slope of a parcel is greater than one foot rise or fall in 7 feet of distance from the street elevation at the property line, structure height shall be measured in compliance with Chapter 16.24 (Hillside Development).
C. Exceptions to Height Limits. Exceptions to the height limits identified in this development code shall apply in the following manner:
1. Roof-mounted Features. Roof-mounted features including chimneys, cupolas, clock towers, elevator equipment rooms, equipment enclosures, and similar architectural features shall be allowed, up to a maximum of fifteen (15) feet above the allowed structure height. The total square footage of all structures above the heights allowed in the zoning districts shall not occupy more than twenty-five (25) percent of the total roof area of the structure. Greater height or area coverage may be allowed subject to the approval of a minor conditional use permit in compliance with Chapter 16.52.
2. Parapet Walls. Fire or parapet walls may extend up to four feet above the allowable height limit of the
structure.
3. Public Assembly, Hotels, Class "A" Office and Public Structures. Places of public assembly including
churches, schools, assembly halls, Class "A" office buildings greater than three (3) stories, hotels and other similar
structures may exceed the established height limit by one (1) foot for every two (2) feet that the minimum required front, rear and side yard setbacks are increased. The increase in the front, rear and side yard setbacks is determined by averaging the total of the increased building setbacks at the closest point on all sides. The maximum additional height allowed is thirty (30) feet above the height limit established for the applicable zoning district. This exception shall not apply when the site is adjacent to single-family zoned property. This exception may be used in conjunction with the height exception for rooftop equipment.
4. Telecommunications Facilities. Telecommunication facilities, including antennae, poles, towers, and necessary mechanical appurtenances, may be authorized to exceed the height limit established for the applicable zoning district, subject to the approval of a conditional use permit in compliance with Chapter 16.52.
(Ord. 412 § 3, 2008; Ord. 337 § 7, 2005; Ord. 182 § 2 (part), 1997)
16.18.100 Lighting. ¶
- A. Exterior Lighting. Exterior lighting shall be:
Architecturally integrated with the character of adjacent structure(s);
Directed downward and shielded so that glare is confined within the boundaries of the subject parcel;
Installed so that lights not blink, flash, or be of unusually high intensity or brightness.
Appropriate in height, intensity, and scale to the uses they are serving. Outside and parking lot lighting shall not exceed 0.3 footcandles at residential property lines.
B. Security Lighting. Security lighting shall be provided at all entrances/exits, to structures in multi-family zoning districts and nonresidential zoning districts. The minimum illumination shall be two-foot candles at ground level in front of the entrance/exit.
C. Shielded Lighting. Light sources shall be shielded to direct light rays onto the subject parcel only. The light source, whether bulb or tube, shall not be visible from an adjacent property. This section does not apply to residential uses, sign illumination, traffic safety lighting, or public street lighting.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.18.110 Mount Palomar Lighting Standards. ¶
A. Purpose. The purpose of this section is to restrict the use of certain light fixtures emitting into the night sky undesirable light rays that have a detrimental effect on astronomical observation and research. This section is not intended to restrict the use of low pressure sodium lighting of single family dwellings for security purposes.
B. Approved Materials and Methods of Installation. This section is not intended to prevent the use of any design, material, or method of installation not specifically prohibited, provided the alternate has been approved by the director. The director may approve a proposed alternate if it:
Provides at least approximate equivalence to the applicable specific requirements of this section; and
Is otherwise satisfactory and complies with the intent of this section.
C. Definitions.
Outdoor Light Fixtures. Outdoor artificial illuminating devices, installed or portable, used for floodlighting, general illumination, or advertisement. Devices shall include search, spot, and floodlights for:
Buildings and structures;
Recreational facilities;
Parking lots;
Landscape lighting;
Outdoor advertising displays and other signs;
Street lighting on private streets; and
Walkway lighting.
Class I Lighting. Outdoor lighting used for outdoor sales or eating areas, assembly or repair area, outdoor advertising displays, and other signs, recreational facilities and other similar applications when color rendition is important.
Class H Lighting. Outdoor lighting used for illumination for walkways, private roadways and streets, equipment yards, parking lot and outdoor security.
Class III Lighting. That lighting not needed for Class 1 or Class II purposes and used for decorative effects. Examples of Class III lighting include, the illumination of flag poles, trees, fountains, statuary, and building walls. Dark Sky Zone. The circular area thirty (30) miles in radius centered on the Palomar Observatory. Fully Shielded. Outdoor light fixtures shielded or constructed so that light rays emitted by the fixtures are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.
Partially Shielded. Outdoor light fixtures designed or constructed so that ninety (90) percent of the light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point of the shield. Luminaire. A complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.
- D. General Requirements. The following standards apply within the dark sky zone.
1. Preferred Source. Low-pressure sodium lamps are the preferred illuminating source.
2. Shielding. All nonexempt outdoor light fixtures shall be shielded as required in subsection E, below.
3. Hours of Operation. All nonexempt outdoor light fixtures are subject to the provisions of subsection G,
below, regarding hours of operation.
4. Outdoor Advertising Display. Lighting fixtures used to illuminate an outdoor advertising display shall be
mounted on the top of the advertising structure. All fixtures shall comply with the lamp source and shielding requirements of subsection E below, and the prohibitions of subsection G.
E. Requirement for Lamp Source and Shielding. The requirements for lamp source and shielding of light emissions for outdoor light fixtures shall be as provided below:
| Lamp Type | Palomar Lighting Zone |
|---|---|
| Class I - Color Rendition Important | |
| Low Pressure Sodium | Allowed |
| Others above 4050 Lumens | Allowed if fullyshielded |
| Others 4050 Lumens and below | Allowed |
| Class II - Parking Lots, Walkways, Security | |
| Low Pressure Sodium | Allowed |
| Others above 4050 Lumens | Prohibited |
| Others 4050 Lumens and below | Allowed |
| Class III - Decorative | |
| Low Pressure Sodium | Allowed |
| Others above 4050 Lumens | Prohibited |
| Others 4050 Lumens and below | Allowed |
NOTE: When lighting is allowed by this section, it shall be fully shielded and shall be focused to minimize the spill light into the night sky and onto adjacent properties.
F. Submission of Plans and Evidence of Compliance. The application for any required approval for work in the dark sky zone involving nonexempt outdoor light fixtures shall include evidence that the proposed work will comply
with the requirements of this section. The submission shall contain the following:
The location of the site where the outdoor light fixtures will be installed;
Plans indicating the location and type of all outdoor fixtures on the site and the lighting patterns resulting therefrom;
A description of the outdoor light fixtures including manufacturer's catalog cuts and drawings. The above required plans and descriptions shall be submitted as part of the building plan check process and shall be sufficiently complete to enable the city to readily determine the compliance with the requirements of this section.
G. Prohibitions.
- All Class I lighting shall be off between eleven (11:00) p.m. and sunrise, except as follows:
a. On-premise advertising signs may be illuminated while the business facility is open to the public.
b. Outdoor advertising displays may remain lighted until midnight;
c. Outside sales, commercial, assembly, repair, and industrial areas may be lighted when these areas are actually in use; and
d. Outdoor recreational facilities may remain lighted to complete recreational activities that are in progress and under illumination in compliance with this section at eleven (11:00) p.m.
All Class II lighting may remain on all night.
All Class III lighting shall be off between eleven (11:00) p.m. and sunrise.
Operation of searchlights for advertising purposes is prohibited.
H. Permanent Exceptions.
1. Noncompliance. All outdoor light fixtures existing and legally installed prior to the effective date of this
development code are exempt from the requirements of this section; and
a. When existing luminaries are reconstructed or replaced, the reconstruction or replacement shall be in compliance with this section; and
- b. Subsection G regarding hours of operation shall apply.
2. Fossil Fuel Light. All outdoor light fixtures producing light directly by combustion of fossil fuels (e.g.,
kerosene lanterns, and gas lamps) are exempt from the requirements of this section.
3. Holiday Decorations. Lights used for holiday decorations are exempt from the requirements of this section.
4. Emergency Exemptions. Portable temporary lighting used by law enforcement or emergency services
personnel to protect life or property are exempt from the requirements of this section.
- High pressure sodium vapor (HPSV) lights may be used on public arterial and collector streets. (Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.18.120 Screening and Buffering. ¶
This section provides standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, and surface parking areas. Multi-family and nonresidential land uses shall comply with the requirements of this section.
In addition to the screening and buffering requirements contained in this section, the applicable standards and requirements contained in Sections 16.10.030 (Commercial Districts Design Standards), 16.12.030 (Industrial Districts Design Standards) and Section 16.34.100B (Standards for Off-Street Loading Areas) shall also apply.
A. Screening Between Different Land Uses. An opaque screen consisting of plant material and a masonry wall, a minimum of six feet in height, shall be installed along parcel boundaries whenever a commercial development adjoins a residential zoning district. Pedestrian access gates may be provided between the commercial properties and abutting common open areas within residential developments. Walls shall be architecturally treated on both sides, subject to the approval of the director.
B. Mechanical Equipment, Utility Services, Loading Docks, and Refuse Areas. The manner and adequacy of the screening for mechanical equipment, utility services, loading docks and refuse areas shall consider the adjacent structures, land uses and zoning, as well as the overall site and building design.
- All building-mounted and ground-mounted mechanical equipment and utility services (air conditioning, heating, cooling, elevator shafts, ventilation ducts and exhaust, equipment panels, etc.) shall be adequately screened from view in all horizontal directions as determined by the Director and in accordance with the following standards:
a. The screening method shall be architecturally compatible and integrated with the site development in terms of design, materials, color, form, architectural style and landscaping.
b. At a minimum, adequate screening shall be based on a line-of-sight in all directions from a point (5) feet above the grade of the building finished floor at a distance of six-hundred and sixty (660) feet as illustrated by Figure 18.120-1 on the following page.
c. Line-of-sight details shall be prepared by a qualified draftsperson, licensed contractor, licensed architect, registered civil engineer or licensed land surveyor and provided to the City.
- Loading docks and refuse collection areas shall be screened from view in accordance with the following standards:
a. Except as provided in Section 16.12.030, all loading docks and refuse collection areas shall be screened from public view from abutting public streets and rights-of-way and from view of abutting property zoned or developed as residential or zoned open space.
b. The screening method shall be architecturally compatible with other site development in terms of materials, color, form and architectural style. Landscaping shall be incorporated adjacent to walls at the discretion of the director. C. Outdoor Storage and Work Yards. Uses with outdoor storage of materials, recycling facility-processing centers, waste resource and waste recycling operations, and similar uses shall comply with the following:
Outside storage and work areas shall be screened with a solid sight-obscuring masonry wall not less than six feet, or more than eight feet, in height, of a type and design approved by the director. The wall shall include sightobscuring gates. The wall and gate(s) shall be continuously maintained in good repair; and
Site operations in conjunction with outdoor uses, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled area.
D. Outdoor Building and Garden Supply Areas. Outdoor building and garden supply areas shall be screened with walls, fencing, meshing, landscaping, or similar material to minimize visibility of the storage area and to encourage maintenance of the areas in a clean, orderly manner.
E. Parking Areas Abutting Public Streets and Rights-of-Way. An opaque screen shall be installed along parking areas abutting public streets and rights-of-way. The screening shall have a height of not less than thirty (30) inches and not more than forty-two (42) inches at maturity. Where the finished elevation of a parking area is lower at the boundary line than an abutting property elevation by at least twenty-four (24) inches, the change in elevation may be used in lieu of, or in combination with, additional screening to satisfy the requirements of this subsection. The opaque screen shall consist of one, or a combination, of the following:
1. Landscaped Berm. A berm constructed of earthen materials and landscaped to form an opaque screen;
2. Fences. A solid fence constructed of wood, or other materials a minimum nominal thickness of two inches to form an opaque screen; and/or
3. Walls, Including Retaining Walls. A wall of concrete, block, stone, brick, tile, or other similar type of solid masonry material, a minimum of six inches thick. (Ord. 440-10 § 1, 2010; Ord. 182 § 2 (part), 1997)
16.18.130 Separation and Privacy Standards for Residential Structures.
Separation Between Structures. Residential structures on the same lot (not attached) shall maintain a minimum separation of at least ten feet for one-story structures, fifteen (15) feet for two-story structures, and twenty (20) feet for three-story structures.
(Ord. 182 § 2 (part), 1997)
16.18.140 Setback Regulations and Exceptions. ¶
This section establishes standards to ensure the provision of open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.
A. Setback Requirements. All structures shall conform with the setback requirements established for each zoning district by Article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this development code. Portions of a structure, including eaves or roof over-hangs, shall not extend beyond a property line or into an access easement or street right-of-way. Each yard shall be open and unobstructed from the ground upward, except as provided in this section.
B. Exemptions from Setback Requirements. The minimum setback requirements of this development code apply to all uses except the following:
Fences or walls constructed within the height limitations of the development code;
Decks, free-standing solar devices, steps, terraces and other site design elements that are placed directly upon the finish grade and do not exceed a height of eighteen (18) inches above the surrounding finish grade at any point; and
Retaining walls less than four feet in height above finished grade.
- C. Measurement of Setbacks. Setbacks shall be measured as follows. (See Figure 3-2)
1. Front Yard Setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel to the nearest point of the wall of the structure, except as follows:
a. Corner Parcels. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the street to which the property is addressed and the street from which access to the property is taken. Whenever a future street right-of-way line is officially established. required yards shall be measured from the established line(s);
b. Flag Lots. The measurement shall be taken from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way.
2. Side Yard Setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure; establishing a setback line parallel to the side property line, that extends between the front and rear yards.
3. Street side Yard Setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point of the side property line adjoining the street.
4. Rear Yard Setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure. establishing a setback line parallel to the rear property line, that extends between the side yards, except:
a. The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street. However. if an access easement or street right-of-way line extends into or through a rear yard. the measurement shall be taken from the nearest point of the easement or right-of-way line; and
b. Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance form the front lot line, shall be deemed to be the rear lot line for the purpose of determining the
depth of the required rear yard. See Figure 3-3.
FIGURE 3-2
LOCATION AND MEASUREMENT OF SETBACKS
FIGURE 3-3
REAR SETBACK WITH CONVERGING LOT LINES
5. Nonparallel Lot Lines. Where a structure wall is not parallel to a side or a rear lot line, the required dimension of the side or rear yard along the line, may be averaged; provided that the resulting side yard shall not be less than three feet in width, and the rear yard shall not be less than ten feet in depth, at any point.
D. Allowed Projections into Setbacks. The following architectural features may extend into the front, side and rear yard setbacks, only as follows:
1. Chimneys/Fireplaces. A chimney/fireplace, up to six feet in width, may extend thirty (30) inches into a required setback, but no closer than three feet to a side or rear property line.
2. Canopies, Cornices, Eaves and Roof Overhangs. Cantilevered architectural features on the main structure, including, but not limited to, balconies, bay windows, canopies, cornices, eaves and solar de-vices, that do not increase the floor area enclosed by the structure, may extend into required yards as follows:
a. Front Yard Setback: Up to three feet into the required front yard;
b. Side Yard Setback: Up to two feet into a required side yard, but no closer than three feet to a side property line; and
c. Rear Yard Setback: Up to five feet into the required rear yard.
3. Porches and Stairways. Covered, unenclosed porches, located at the same level as the entrance floor of the structure and outside stairways and landings that are not enclosed, may extend into required yards as follows:
a. Front Yard Setback: Up to six feet into a required front yard;
b. Side Yard Setback: Up to three feet into a required side yard, but no closer than three feet to a side property line; and
c. Rear Yard Setback: Up to six feet into a required rear yard.
4. Setback Requirements for Specific Structures:
- a. Hot Tubs, Swimming Pools/Spas and Other Site Design Elements.
1) Under Eighteen (18) Inches. Site design elements less than eighteen (18) inches above finish grade are exempt from setback requirements. Swimming pools, or other recreational pools or landscape ponds may be located in a required front or side yard, subject to the approval of a minor conditional use permit (Chapter 16.52) and applicable building and health codes.
2) Eighteen (18) Inches and Over. Detached decks, freestanding solar devices, hot tubs, steps, swimming pools/spas, terraces and other site design elements that are placed directly upon the finish grade, and which equal or exceed a height of eighteen (18) inches above the surrounding finish grade at any point, shall conform to the setback requirements identified in Article II (Zoning Districts, Allowable Land Uses) for detached accessory structures.
b. Retaining Walls. (Retaining walls up to four feet in height are exempt.)
1) Up to Six Feet. Retaining walls up to six feet in height may be located within a required set-back provided the exposed side of the wall faces into the subject parcel; and
2) Over Six Feet. Retaining walls greater than six feet in height, or where the exposed side of the wall faces out from the subject parcel without regard to height, shall be subject to the same requirements as the main structure in the applicable zoning district.
- E. Coverage.
1. Measurement. The total area of the building footprint measured from the outside edges of the exterior walls.
2. Arbor, Gazebo and Trellis. An attached or detached accessory structure that complies with either of the
following standards shall be exempt from lot coverage:
a. The structure is substantially open to the passage of light and air on at least three sides, and which has a roof of typical lattice or which is not less than fifty (50) percent open to the sky at any point across the entire structure.
b. The structure does not have more than two hundred (200) square feet of area under a solid roof (excluding open eaves) and is substantially open to the passage of light and air on at least three sides.
3. Guest Parking. Guest parking that is covered shall be exempt from lot coverage.
4. Exceptions for Public Benefit. The city council may increase the maximum amount of lot coverage from between five percent and twenty (20) percent as a means of recognizing an applicant's efforts to address neighborhood compatibility and/or to acknowledge the inclusion of public benefits and both on-site amenities and public amenities beyond that normally required of a similar development proposal. Conditions under which a lot coverage increase could be considered include, but are not limited to, at least two of the following: the use of a substantial amount of single-story structures; construction of off-site infrastructure not otherwise needed for the project; the inclusion of useable public open spaces; enhanced landscaping or public and on-site recreational opportunities. As the amount of the lot coverage exception increases, the number and extent of the public benefits as well as on-site and public amenities would expand accordingly.
- (Ord. 300 § 2, 2004; Ord. 297 § 4, 2004; Ord. 182 § 2 (part), 1997)
16.18.150 Solid Waste/Recyclable Materials Storage. ¶
This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with state law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911).
A. Multi-family Projects. Multi-family residential projects with five or more dwelling units, shall provide re-fuse
and recyclable material storage areas in the following manner:
1. Individual Unit Storage Requirements. A minimum of three cubic feet shall be provided for the storage of
refuse and a minimum of three cubic feet shall be provided for the storage of recyclable material; and
2. Common Storage Requirements. The following are minimum requirements for common refuse and recyclable material storage areas for multi-family developments, which may be located indoors or out-doors as long as they are readily accessible to all residents. These requirements apply to each individual structure. Areas are measured in square feet.
TABLE 16.18.150-1
MULTI-FAMILY DEVELOPMENT MINIMUM
COMMON STORAGE AREAS REQUIRED (SQ. FT.)
| Number of Dwellings | Refuse | Recycling | Total Area |
|---|---|---|---|
| 2-6 | 12 | 12 | 24 |
| 7-15 | 24 | 24 | 48 |
| 16-25 | 48 | 48 | 96 |
| 25 or more | Every additional twenty-five (25) dwellings or fraction thereof shall require an additional forty-eight (48) square feet for solid waste and forty-eight (48) square feet for recyclables. |
||
| --- | --- |
B. Nonresidential Structures and Uses. Nonresidential structures and uses within all zoning districts shall provide refuse and recyclable material storage areas. The following are minimum storage area requirements. These requirements apply to each individual structure. Areas are measured in square feet. TABLE 16.18.150-2
NONRESIDENTIAL STRUCTURES MINIMUM
STORAGE AREAS REQUIRED (SQ. FT.)
| STORAGE AREAS REQUIRED (SQ. FT.) | |||
|---|---|---|---|
| Building Floor Area (sq. ft.) | Refuse | Recycling | Total Area |
| Building Floor Area (sq. ft.) | Refuse | Recycling | Total Area |
| 0-5,000 | 12 | 12 | 24 |
| 5,001-10,000 | 24 | 24 | 48 |
| 10,001-25,000 | 48 | 48 | 96 |
| 25,001-50,000 | 96 | 96 | 192 |
| 50,001-75,000 | 144 | 144 | 288 |
| 75,001-100,000 | 192 | 192 | 384 |
| 100,001+ | Every additional twenty-five thousand (25,000) sq. ft. shall require an additional forty-eight (48) sq. ft. for solid waste and forty-eight (48) sq. ft. for recyclables. |
||
C. Location Requirements. Refuse and recyclable materials storage areas shall be located in the following manner:
- Refuse and recyclable material storage shall be adjacent/combined with one another. They may only be located inside a specially-designated structure, on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access or in rear yards and interior side yards. Exterior storage area(s) shall not be located in a required front yard, street side yard, parking space, landscaped or open space areas or any area(s) required by the municipal code.
d inside a specially-designated structure, on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access or in rear yards and interior side yards. Exterior storage area(s) shall not be located in a required front yard, street side yard, parking space, landscaped or open space areas or any area(s) required by the municipal code.
Storage area(s) shall be accessible to residents and employees at all times. Storage areas within multi-family residential developments shall be located within two hundred fifty (250) feet of an access door-way to the dwellings which they are intended to serve;
Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector;
Storage bins shall be screened in compliance with Section 16.180.120 (Screening and Buffering); and
Storage areas shall not be closer than twenty (20) feet from doors or operable windows of adjacent structures.
- D. Design and Construction. The design and construction of the storage area(s) shall:
Be compatible with the surrounding structures and land uses;
Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;
Provide a concrete pad within the fenced or walled area(s) and a concrete apron which facilitates the handling of the individual bins or containers;
Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable; and
Be appropriately located and screened from view on at least three sides. Screening shall consist of solid masonry walls, metal gates, and landscaping. Overhead trellises high enough to accommodate three-yard capacity dumpsters may be required to screen views from above. The design shall be architecturally compatible with the surrounding structures and subject to the approval of the director.
- (Ord. 610-24 § 4, 2024; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.18.160 Street Design and Improvements. ¶
A. Streets. The street design shall conform both in alignment and width to the general plan circulation element and the rights-of-way for these streets shall be dedicated to the city. The street design shall conform to any proceedings affecting the division of land which may have been initiated or approved by the council or approved by the council upon initiation by other legally constituted authorities of the county or state, and shall be subject to the approval of the city engineer.
B. Alignment of Streets. All streets shall, so far as practicable, be in alignment with existing adjacent streets by continuations of the established or mapped center lines or by adjustments with curves.
C. Intersections. Street center lines shall be required to intersect one another at an angle as near to the right angle as is practicable by tangents not less than one hundred (100) feet in length.
D. Extensions, Cul-de-sacs. Where necessary to give access to, or provide for a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the land being divided and the resulting dead-end or cul-de-sac streets shall require a turn-around. In all cases, unless specifically excepted by the city engineer, the turn-around shall have a minimum curb-to-curb diameter of fifty-six (56) feet. Cul-de-sac streets shall not exceed six hundred sixty (660) feet in length in a high fire hazard area and one thousand three hundred twenty (1,320) feet in length in a nonhazardous area.
E. Intersection Corner Rounding. Whenever a street intersects another street, the property lines at each block corner shall be rounded with a curve having a radius of not less than twenty-five (25) feet. A greater curve radius may be required by the city engineer if streets intersect at other than right angles.
F. Curve Radii. The center line curve radii on all streets shall conform to accepted engineering standards of design and shall be subject to the approval of the city engineer.
G. Grades of Streets.
Street grades for local streets may only exceed twelve (12) percent when engineering design shows that the grade proposed is safe and that the lesser grade would deny access to land appropriate for use. The street grades shall be subject to the review of the city engineer and fire chief.
Street grades shall not be less than 1.0 percent unless approved by the city engineer.
- (Ord. 337 § 13, 2005; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.18.170 Undergrounding of Utilities. ¶
Electric and telephone facilities, fire alarm conduits, street light wiring, cable television, and other wiring conduits and similar facilities shall be placed underground by the developer for all new development and when a new electrical hookup is provided in conjunction with the installation/replacement of an electrical service panel. The director may
grant a modification or waiver of this requirement, after considering the general purposes and nature of the proposed development.
- (Ord. 182 § 2 (part), 1997)
16.18.180 Vibrations. ¶
A. Uses that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:
Uses shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the lot containing the activities;
Uses, activities, and processes shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health, or peace of residents whose property abuts the property lines of the lot;
Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining lots; and
Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks) are exempt from the provisions of this section.
(Ord. 182 § 2 (part), 1997)
16.20 Density Bonus Regulations ¶
16.20.010 Purpose. ¶
The public good is served when there exists in a city, housing which is appropriate for the needs of and affordable to the public who reside within that city. There is in the City of Murrieta a need for housing affordable to various groups, such as lower income, moderate income and senior citizen households. Therefore, it is in the public interest for the City to promote the construction of such additional housing through the exercise of its powers and utilization of its resources to facilitate the development of quality housing affordable for these types of households.
A. It is the purpose of this section to specify how compliance with Government Code §§ 65915, 65915.5, 65915.7, and 65917 ("State Density Bonus Law") will be implemented, as required by Government Code § 65915(a).
B. It is the purpose of this section to implement the goals, objectives and policies of the Housing Element of the City's General Plan.
C. It is the purpose of this section to provide the implementing framework, as it relates to affordable housing density bonuses, and offer concessions and incentives for eligible housing developments which are consistent with the City's long-standing commitment to provide for affordable housing.
(Ord. 549 § 2, 2019)
16.20.020 Definitions. ¶
The definitions found in State Density Bonus Law shall apply to the terms contained in this subsection. (Ord. 549 § 2, 2019)
16.20.030 Applicability. ¶
A housing development as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and agrees to provide low, very-low, senior or moderate income housing units or units intended to serve transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in State Density Bonus Law. A housing development includes only the residential component of a mixed use project. A commercial development as defined in subsection 16.20.100 shall be eligible for a commercial development bonus as provided in subsection 16.20.100.
The granting of a density bonus, incentive or concession , pursuant to this section, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards. (Ord. 549 § 2, 2019)
16.20.040 Application Requirements. ¶
A. Any applicant requesting a density bonus and any incentive(s) , waiver(s), parking reductions, or commercial development bonus provided by State Density Bonus Law shall submit a density bonus report as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development , commercial development , or mixed-use development. The requests contained in the density bonus report
shall be processed concurrently with the planning application. The applicant shall be informed whether the application is complete consistent with Government Code § 65943.
- B. The density bonus report shall include the following minimum information:
- Requested Density Bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
b. Summary table identifying the proposed on-site parking and how it is allocated within the scope of the project. The applicant shall consult with the provisions of Government Code § 65915.
c. A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units, and if applicable, the location of all major transit stop(s) as defined under Government Code § 65915, and/or fixed bus route(s) as described under Government Code § 65915 for a rental project for those sixty-two (62) or older, or a for a special needs housing development, or combination thereof.
d. The zoning and general plan designations and assessor’s parcel number(s) of the housing development site.
e. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.
f. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five-year period preceding the date of submittal of the application.
g. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code § 65915(g) can be met.
2. Requested Concession(s) or Incentive(s) .
In the event an application proposes concessions or incentives for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:
- a. The City's usual development standard and the requested development standard or regulatory incentive.
b. Except where mixed-use zoning is proposed as a concession or incentive , reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
c. If approval of mixed use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the cost of the housing development , that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed use zoning will provide for affordable housing costs or rents.
- Requested or Waiver(s).
In the event an application proposes waivers of development standards for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:
- a. The City's usual development standard and the requested development standard.
b. Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code § 65915.
- Requested Parking Reduction.
In the event an application proposes a parking reduction for a housing development pursuant to Government
Code § 65915(p), a table showing parking required by the zoning regulations, parking proposed under § 65915(p), and reasonable documentation that the project is eligible for the requested parking reduction.
- Child Care Facility.
If a density bonus or incentive is requested for a child care facility in a housing development , reasonable
documentation that all of the requirements included in Government Code § 65915(h) can be met.
- Condominium Conversion.
If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.
- Commercial Development Bonus.
If a commercial development bonus is requested for a commercial development , the application shall include the proposed partnered housing agreement and the proposed commercial development bonus , as defined in subsection 16.20.100, and reasonable documentation that each of the standards included in subparagraph 16.20.100.C has been met.
- Fee.
Payment of any fee in an amount set by resolution of the City Council for staff time necessary to determine compliance of the Density Bonus Plan with State Density Bonus Law.
(Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 549 § 2, 2019)
16.20.050 Density Bonus. ¶
All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density, as well as, the resulting number of affordable units needed for a given density bonus project.
A. If a housing development qualifies for a density bonus under more than one income category, or additionally as senior housing or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated with and granted to. Density bonuses from more than one category can be combined up to maximum allowed under State Density Bonus law.
B. The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law.
C. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in Government Code § 65915(b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under State Density Bonus Law. (Ord. 549 § 2, 2019)
16.20.060 Incentives. ¶
A. Incentives include incentives and concessions as defined in State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.
B. Nothing in this subsection requires the provision of direct financial incentives for the housing development , including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives . (Ord. 549 § 2, 2019)
16.20.070 Review Procedures. ¶
All requests for density bonuses, incentives , parking reductions, waivers, or commercial development bonuses shall be considered and acted upon by the approval body with authority to approve the development within the timelines prescribed by Government Code §§ 65950 et seq., with right of appeal to the City Council.
A. Eligibility for Density Bonus, Incentive(s) , Parking Reduction, and/or Waiver(s) for a Housing Development. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of state law as applicable:
The housing development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to low and very low income households as required by Government Code § 65915(c)(3).
Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code § 65915(k)(2).
The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code § 65915.
The housing development is eligible for any requested parking reductions under Government Code § 65915(p).
If the density bonus is based all or in part on donation of land, all of the requirements included in Government Code § 65915(g) have been met.
If the density bonus or incentive is based all or in part on the inclusion of a child care facility, all of the requirements included in Government Code § 65915(h) have been met.
If the density bonus or incentive is based ail or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Government Code § 65915.5 have been met.
B. If a commercial development bonus is requested for a commercial development , the decision-making body shall make a finding that the development complies with all of the requirements of subparagraph 16.20.100.C, that the City has approved the partnered housing agreement , and that the commercial development bonus has been mutually agreed upon by the City and the commercial developer.
C. The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in § 50052.5 of the Health and Safety code, or for affordable rents, as defined in § 50053 of the Health and Safety Code; or
The proposed incentive would be contrary to state or federal law; or
The proposed incentive would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific
adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
D. The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
The proposed waiver would be contrary to state or federal law; or
The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or
The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
E. If any density bonus, incentive , parking reduction, waiver, or commercial development bonus is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the City pursuant to subsection 16.20.080.
(Ord. 549 § 2, 2019)
16.20.080 Affordable Housing Agreement and Senior Housing Agreement. ¶
A. Except where a density bonus, incentive , waiver, parking reduction, or commercial development bonus is provided for a market-rate senior housing development , the applicant shall enter into an affordable housing agreement with the City, in a form approved by the City Attorney, to be executed by the City Manager, to ensure that the requirements of this subsection are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market-rate units. B. Where a density bonus, waiver, or parking reduction is provided for a market-rate senior housing development , the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, to require that the housing development be operated as "housing for older persons" consistent with state and federal fair housing laws.
C. The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.
- D. The affordable housing agreement shall include, but not be limited to, the following:
The number of density bonus dwelling units granted;
The number and type of affordable dwelling units
The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit;
The proposed location of the affordable dwelling units;
Schedule for production of affordable dwelling units;
Incentives or concessions or waivers provided by the city;
Where applicable, tenure and conditions governing the initial sale of the affordable units;
Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units
Marketing Plan; Publication and Notification of Availability of Affordable Units;
Compliance with Federal and State Laws;
Prohibition Against Discrimination;
Indemnification;
City's Right to Inspect Units and Documents;
Remedies;
Attorney(s) Fees Provision.
- (Ord. 549 § 2, 2019)
16.20.090 Design and Quality. ¶
A. The City may not issue building permits for more than 50 percent of the market rate units until it has issued building permits for all of the affordable units, and the City may not approve any final inspections or certificates of occupancy for more than 50 percent of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units.
B. Affordable units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.
C. The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market-rate units.
(Ord. 549 § 2, 2019)
16.20.100 Commercial Density Bonus. ¶
- A. The following definitions shall apply to Commercial Density Bonus:
Commercial development means a development project for nonresidential uses.
Commercial development bonus means a modification of development standards mutually agreed upon by the City and a commercial developer and provided to a commercial development eligible for such a bonus under subparagraph 16.20.100.C. Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.
Partnered housing agreement means an agreement approved by the City between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent consistent with subparagraph 16.20.100.C. A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial development and the housing development .
B. When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the City, the City shall grant a commercial development bonus mutually agreed upon by the developer and the City. The commercial development bonus shall not include a reduction or waiver of fees imposed on the commercial development to provide for affordable housing.
- C. The partnered housing agreement shall include all of the following provisions:
The housing development shall be located either: (A) on the site of the commercial development ; or (B) on a site within the City that is within one-half mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers.
At least 30 percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low-income households, or at least 15 percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for very low-income households.
The commercial developer must agree either to directly build the affordable units; donate a site consistent with subparagraph (i) above for the affordable units; or make a cash payment to the housing developer for the affordable units.
D. Any approved partnered housing agreement shall be described in the City's Housing Element annual report as required by Government Code § 65915.7(k).
(Ord. 549 § 2, 2019)
16.20.110 Interpretation. ¶
If any portion of this subsection conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this subsection. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law.
(Ord. 549 § 2, 2019)
16.22 Fences, Hedges, and Walls ¶
16.22.010 Purpose. ¶
The purpose of this chapter is to establish requirements for fences, hedges and walls to ensure that these elements do not block views and sunlight; provide adequate buffering between different land uses; provide screening of outdoor uses and equipment; and are designed to provide aesthetic enhancement of the city.
(Ord. 182 § 2 (part), 1997)
16.22.020 Applicability. ¶
The provisions of this chapter apply to all fences, hedges and walls unless otherwise stated.
These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the city for reasons of public safety.
(Ord. 182 § 2 (part), 1997)
16.22.030 General Height Limitations. ¶
Fences, hedges and walls may be erected/maintained to the heights shown in Table 3-3.
TABLE 3-3
MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS
| Location | Maximum Height (within Setback Areas) |
|---|---|
| Rear and side yards (interior and street side) | Six feet* |
| Frontyards | Three feet* |
| At intersections of streets, alleys and driveways within traffic safety sight areas. |
Twenty-four (24) inches |
*** The director may approve additional height to enclose or screen areas.**
(Ord. 182 § 2 (part), 1997)
16.22.040 Exceptions to Height Limitations. ¶
A. Fences and walls otherwise limited to three feet in height, may be allowed up to five feet in height with seethrough (e.g., wrought iron or grille work) fencing material;
B. Fences and walls otherwise limited to six feet in height, may be approved up to eight feet in height with seethrough (e.g., wrought iron or grille work) fencing material; and
C. Fences and walls may be allowed up to ten feet when the required setbacks are maintained. Heights greater than ten feet may be allowed subject to approval of the director.
(Ord. 182 § 2 (part), 1997)
16.22.050 Measurement of Fence or Wall Height. ¶
Where there is a difference in the ground level between two adjacent parcels of less than two feet, the height of a fence or wall constructed along the property line shall be determined by using the finish grade of the highest contiguous parcel. When there is a difference in the ground level between two adjacent parcels of two feet or more, the height of a fence or wall shall be determined by the director.
(Ord. 182 § 2 (part), 1997)
16.22.060 Walls Required Between Different Zoning Districts. ¶
Walls shall be provided and maintained between different zoning districts as follows:
A. Where a nonresidential or multi-family zoning district abuts a residential zoning district, a solid masonry wall C feet in height shall be constructed on the zone boundary line. Walls may be constructed higher than six feet if the viewshed is not impeded subject to the approval of the director;
B. Where a BP or IG zoning district abuts another zoning district, a solid masonry wall six feet in height shall be constructed on the zone boundary line;
C. Walls shall be of solid masonry construction and shall be of a decorative design when in view of public rightsof-way subject to approval of the director; and
D. The director may waive or modify requirements for walls between different zoning districts where a solid
masonry wall already exists on the contiguous property if the following findings can be made:
The existing wall meets or can be modified to conform to the intent of this chapter;
Suitable landscaping can be installed adjacent to the existing wall to supplement and enhance the de-sired physical separation;
The existing wall can be protected to prevent vehicle damage, if necessary; and
Concurrence of the adjacent property owner can be obtained, to modify the existing wall to meet the requirements of this chapter.
(Ord. 182 § 2 (part), 1997)
16.22.070 Special Wall and Fencing Requirements. ¶
A. Swimming Pools, Spas and Similar Features. Swimming pools, spas and other similar features shall be fenced in compliance with Chapter 15.48 (Swimming Pool Enclosures) of the municipal code.
B. Outdoor Equipment, Storage and Work Areas. Screening of outdoor uses and equipment and activities shall be provided in compliance with Section 16.18.120 (Screening and Buffering).
C. Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the approval of the director.
D. Fence and Wall Design. Perimeter fences/walls adjoining public rights-of-way shall be articulated in compliance with subsection 16.08.030(A)(5)(b) (Walls). The design shall include an appropriate mix of materials and landscaping subject to the approval of the director.
E. Construction Fencing. Active construction sites shall be enclosed with a locked temporary construction fence or similar barrier to prevent ease of access into the site.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.22.080 Prohibited Fence Materials. ¶
A. Prohibited Fencing Materials.
Barbed wire, razor wire and other similar materials shall not be permitted as part of a fence or wall except as utilized for permitted agricultural and livestock operations; and
The use of chain-link fencing shall not be allowed within the front yard setback on a residentially zoned,
- except in the RR and RE zones or developed property along a property line adjacent to a street.
- Barbed wire, razor wire, and similar materials installed prior to the effective date of Ordinance No. 610-24
shall be allowed to continue to be utilized for security purposes.
B. Exceptions to Prohibited Fencing Materials. Chain-link fences may be allowed when required for security or safety reasons, subject to the director's approval, which shall be conditioned to mitigate negative visual impacts. The conditions may include, but are not limited to, the following:
Inclusion of decorative elements (i.e., varied mesh sizes, vinyl or other coating and alternative post materials);
Inclusion of landscaping or alternative fence locations; and
Maintenance of fencing materials and landscaping.
- (Ord. 610-24 § 5, 2024; Ord. 182 § 2 (part), 1997)
16.22.090 Authority to Waive or Modify Requirements. ¶
The director may waive or modify the requirements of this chapter to a project if the following findings can be made:
A. That the waiver of modification, as applied to the project, will not adversely impact adjoining properties; and
B. That the waiver or modification will not be contrary to the public health, safety and general welfare.
(Ord. 430-10 § 2, 2010; Ord. 182 § 2 (part), 1997)
16.24 Hillside Development ¶
16.24.010 Purpose. ¶
The purpose of this chapter is to provide regulations for the development of areas in the city that, because of their topography, require special consideration to ensure that they are developed in a way that substantially maintains their natural character and environmental and aesthetic values to implement the general plan, and to provide for the safety, health, and welfare of the public by:
A. Providing guidelines and standards for development in visually sensitive hillside areas to minimize the ad-verse impacts of grading and to promote the goals and objectives of the general plan;
B. Maintaining an environmental equilibrium consistent with existing vegetation, wildlife, soils, geology, slopes, and drainage patterns, and to preserve natural topography and scenic character, including canyons, creeks, knolls, rock outcrops, and ridgelines whenever feasible;
C. Encouraging development proposals that feature water conservation and aquifer recharge techniques;
D. Encouraging development proposals that are sensitive to fire, flood, slide, erosion, pollution, or other safety hazards;
E. Encouraging sensitive development through flexible design and innovative arrangement of building sites by utilizing variable lot sizes, clustering, and setback variations;
F. Utilizing nontraditional design standards for streets and hillside grading where development quality and public safety are not affected;
G. Encouraging developments that incorporate desirable existing features of land (e.g., natural vegetation, viewsheds, topographic features);
H. Protecting significant natural areas for ecologic purposes, educational, and other scientific study purposes; 1. Encouraging the use of drought-tolerant plant material to protect slopes from soil erosion and slippage, preserve natural watershed, minimize fire hazard, and minimize the scarring and deformation of the natural landscape;
J. Limiting the impact of cut slopes on adjacent developed and undeveloped properties; and
K. Providing for appropriate intensity of development (e.g., density, massing, etc.) in hillside areas through a variety of design techniques to ensure that development intensity decreases as slopes become steeper (e.g., lot sizes appropriate for steeper topography and separation of structures sufficient to preserve the viewshed). (Ord. 182 § 2 (part), 1997)
16.24.020 Applicability. ¶
A. Hillside Area. The standards contained in this chapter apply to uses and structures within areas that have a slope of twenty (20) percent or greater and/or are designated on the significant features map on file with the department.
B. Basis for Slope Determinations. For the purpose of this chapter, slope shall be computed on the natural slope of the land before grading is commenced, as determined from a topographic map having a scale of not less than one inch equals one hundred (100) feet and a contour interval of not more than five feet.
C. Development Plan Permit Required. Hillside developments shall be subject to the approval of a development plan permit in compliance with Chapter 16.56.
D. The development standards, guidelines and provisions of this chapter shall be applied to those portions of land with a predominance of significant natural slopes exceeding twenty-five (25) percent and areas that are integrally contiguous or slopes determined as significant by the director. The provisions of this chapter shall apply to projects
relating to subdivisions, permits, uses, structures, specific plans, master development plans, and associated site plans for development review except as specifically exempted by Section 16.02.020.
(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)
16.24.030 Definitions. ¶
For the purposes of this chapter the following definitions shall apply:
Clearing. The removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means (also known as brushing and/or grubbing).
Cluster Development. A concept where structures are grouped on certain portions of a site, frequently of different shapes and sizes, surrounded by large expanses of open space.
Contour. A line drawn on a plan that connects points of equal elevation.
Cut. The mechanical removal of earth material.
Daylight Line. The line between the finished grade and natural terrain drawn by connecting points where pro-posed contours meet existing contours.
Elevation. Height or distance above mean sea level.
Erosion. The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces (e.g., as wind and water).
Fill. A deposit of earth material placed by artificial means.
Finished Grade. The final elevation of the ground surface after development, that is in conformance with the approved plan.
Grading. To bring an existing surface to a designed form by excavating, filling, or landforming operations in excess of fifty (50) cubic yards.
Contour Grading. A grading concept designed to result in earth forms that resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks.
Conventional Grading. A grading concept that results in simple, straight forward, cut and fill lines and even planed slopes. This is the most basic type of grading often resulting in an "engineered or man-made" appearance attributable to a lack of curvilinear or natural-appearing shapes.
Landform Grading. A grading method that replicates the irregular shapes of natural slopes. Landform graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into profiles, nonlinearity in plan view, varying slope gradients, and significant transition zones, between man-made and natural slopes.
Hillside. Land with an average rise or fall of twenty-five (25) percent or greater or a vertical rise of thirty (30) feet or more.
Mass Grading. The movement of large quantities of earth over large areas. Disruption of the majority of the on-site surface terrain resulting in a successive pad/terrace configuration. Modification or elimination of natural landforms may result.
Minimal Grading. A grading concept designed to minimize excavation and filling. Allows the movement of earth for projects (e.g., as individual building foundations, driveways, local roads, and utility excavation). The concept is associated with roads conforming closely to natural contours and with structures being built on natural terrain. Pad. A level area created by grading to accommodate development.
ng.** A grading concept designed to minimize excavation and filling. Allows the movement of earth for projects (e.g., as individual building foundations, driveways, local roads, and utility excavation). The concept is associated with roads conforming closely to natural contours and with structures being built on natural terrain. Pad. A level area created by grading to accommodate development.
Prominent Ridge. A ridge or hill location that is visible from Interstate 15, Interstate 215, or from an arterial or secondary street, that forms part of the skyline or is seen as a distinct edge against a backdrop of land. Ridge. An extended, narrow, conspicuous elevation of land generally between valleys.
Slope. An inclined ground surface, the inclination of which is expressed as a ratio of the vertical distance (rise), or change in elevation, to the horizontal distance (run). The percent of a given slope is determined by dividing the rise by the run, multiplied by one hundred (100).
Slope, Average. The method of determining average natural slope of land using the following equation: I x L x .0023 where
A
I = Contour interval in feet.
L = Combined length in feet of contour lines measured on the project site.
.0023 = A constant that converts square feet into acres and expresses slope in percent.
A = Project site area in acres.
Slope, Man-made. A manufactured slope consisting wholly or partially of either cut or filled material. Slope, Natural. A slope that is not man-made.
Slope, Significant Natural. A slope that is not man-made that exceeds twenty-five (25) percent and a vertical rise of thirty (30) feet or more.
Slope Ratio. The relationship of a slope's horizontal length to vertical height, with the height specified as one (e.g. 2:1).
Slope Transition. The area where a slope plane changes to meet the natural terrain or a level graded area either vertically or horizontally.
(Ord. 182 § 2 (part), 1997)
16.24.040 Application Submittal Requirements. ¶
Applications for development within the hillside overlay zoning district shall comply with the submittal requirements of this chapter. When a development project is a specific plan or master development plan, the submittal requirements shall be incorporated in the appropriate sections of the corresponding documents. If adequate detailed studies are provided with the specific plan and/or master development plan, subsequent implementing development applications shall be reviewed for substantial conformance with these plans.
Application filing requirements are as follows:
A. A Natural Features Map. This map shall identify slope banks, ridgelines, canyons, natural drainage courses, U.S.G.S. blueline streams, rock outcroppings, sensitive biotic habitat, cultural resources, and other natural features determined to be worthy of consideration for preservation.
B. A Conceptual Grading Plan. A conceptual grading plan shall be submitted at a minimum scale of one inch to two hundred (200) feet (this scale may be adjusted with the approval of the department). The plan shall include the following items:
A legend with appropriate symbols indicating high point, low point, spot elevations, pad and finished floor elevations, top of wall, top of curb, change in direction of drainage, and planned drainage improvements;
A separate map with proposed fill areas and cut areas, depths of these areas clearly shown in five-foot topographic lines. Quantities of each cut and fill area shall be clearly marked and calculated as a percentage of the total site area. The fill and cut areas shall be either colored green and red, respectively, cross-hatched, or screened to delineate the separate areas;
Contours for existing and proposed land conditions. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be
shown at minimum intervals of five feet of change in elevation, with two-foot contours in the flatter areas (if using Riverside County flood control district topographic maps, a four-foot interval may be used); and
- Additional information as required to assist department review of the project.
- C. Drainage Map. A conceptual drainage and flood control facilities map describing planned drainage
improvements. The map shall utilize city standards or an acceptable alternate as determined by the city engineer.
D. Slope Analysis Map. A slope analysis map for the purpose of determining the amount and location of land as it exists in its natural state and for calculating average slope categories. A base topographical map of the site shall be prepared and shall have a scale of not less than one inch to two hundred (200) feet. The base topographical map shall include adjoining properties within one hundred (100) feet of the site boundaries to portray the site's context. Slope bands in contrasting colors shall be delineated in the range of zero to twenty-five (0—25) percent, twenty-six to fifty (26—50) percent, and fifty (50) percent or greater. A tabulation of the land area by slope percentage shall also be provided.
The exact method for computing the percent slope and area of each slope category shall be sufficiently de-scribed and presented so that a review can be readily made. A heavy solid line indicating the twenty-five (25) percent grade differential shall be clearly marked on the plan. An eight and one-half by eleven (8 1/2 x 11) inch legible acetate reduction of the slope analysis with appropriate legend shall also be provided.
E. Slope Profile Drawings. A sufficient number of slope profiles shall be provided to clearly illustrate the ex-tent of the proposed grading. A minimum of four cross-section slope profiles shall be included with the slope analysis. Additional profiles may be required by the city engineer. The slope profiles shall:
Be drawn at the same scale and indexed, or keyed, to the slope analysis map, grading plan, and project site map. Both vertical and horizontal scales shall be indicated;
Show existing and proposed topography, structures, and infrastructure. Proposed topography, structures, and infrastructures shall be drawn with a thin, solid line. Existing topography and features shall be drawn with a dashed line;
Extend at least one hundred (100) feet outside the project site boundary to clearly show the impact on adjacent property.
Be drawn along those portions of the site where:
a. The greatest alteration of existing topography is proposed;
b. The most intensive or massive development is proposed;
c. The site is most visible from surrounding land uses; and
d. Where grading will impact natural drainage conditions.
- At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a ninety (90) degree angle to the other slope profiles and existing contour lines.
F. Indicate Source of Data. Both the slope analysis and slope profiles shall indicate the datum, source, and scale of topographic data used in the slope analysis and slope profiles.
G. Geotechnical Report. A geotechnical and soils report, prepared by a registered geotechnical engineer to city standards and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, including, but not limited to, hydrologic, seismic, access/circulation, and biota research may also be required to help in the determination of the buildable area of a site. H. Design Guidelines. Design guidelines shall be provided for projects that are to be reviewed by the commission. Otherwise, illustrative building elevations showing all sides shall be provided.
I. No Grading Proposed. In the event that no grading is proposed, (e.g., custom lot subdivision) a statement to that effect shall be filed with a plan that shows possible future house plotting, pad grading, driveway de-sign, and septic
system location for each parcel proposed. The plan shall be prepared on a topographic map drawn at a scale of one inch to two hundred (200) feet.
J. Additional Information. The following items may be required if determined necessary by the director to aid in
the analysis of the proposed project:
A line of sight or view analysis;
Photographic and/or computer generated graphic renderings;
A topographic model and/or large scale detailed partial model; or
Other illustrative techniques determined necessary to aid in review of the project.
K. Exceptions to the filing requirements shall be determined by the director.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.24.050 Project Review Procedures. ¶
Projects within designated hillside areas shall be subject to review and approval by the director or the commission in compliance with the provisions of this chapter.
A. Director Approval. The director shall approve, approve with conditions, or deny development proposal applications when the following conditions apply:
Development plan permits;
Extensions of time; or
Building permit reviews.
B. Commission Approval. The commission shall approve, approve with conditions, or deny development proposal
applications when one or more of the following conditions apply:
When padded building sites are proposed; or
Proposals referred to the commission by the director.
C. Modification of Requirements. The commission may modify or waive a development standard when an improved or more sensitive design will result. Further, where it can be demonstrated that imposing hillside development standards would either render a parcel unbuildable and create a loss of its reasonable economic use, or place an undue restriction on the improvement of the property, development consistent with the general plan shall be allowed subject to approval by the commission, if the following findings can be made:
a. The site is physically suitable for the design and siting of the proposed development. The proposed development will result in minimum disturbance of environmentally sensitive areas;
b. The grading proposed in connection with the development will not result in soil erosion, silting of lower slopes, flooding, severe scarring or other geological instability or fire hazard that would affect health, safety and general welfare as determined by the city engineer;
c. The proposed development retains the visual quality of the site, the aesthetic qualities of the area and the neighborhood characteristics by utilizing proper structural scale and character, varied architectural treatments, and appropriate plant materials; and
d. The proposed development is in conformance with the qualitative development standards and guidelines as established in this chapter and is conformance with the goals, objectives and policies of the general plan. (Ord. 182 § 2 (part), 1997)
16.24.060 Hillside Development Standards. ¶
The following are minimum standards and shall apply to a use, development, or alteration of land in compliance with Section 16.24.020 (Applicability). These standards are supplemented by the provisions of the development guidelines
contained in Section 16.24.070 of this chapter.
A. Hillside Slope Categories. The following descriptions serve as general standards for hillside slope categories to
ensure that development will compliment the overall character of the landform.
DEVELOPMENT STANDARDS
| DEVELOPMENT STANDARDS | |
|---|---|
| % Natural Slope Category |
Standards |
| Up to 25% | This is not considered a hillside condition. |
| 25% up to 50% | This is a hillside condition. Development within this slope category is limited to the less visually prominent slopes, and then only where it can be shown that grading, vegetation removal, safety and environmental and aesthetic impacts can be minimized. Impact of access and roadways shall be minimized by following natural contours or using grade separations. Structures shall blend with the natural landform through their shape, material, and color. Special hillside architectural and design techniques are required, which may include the use of larger lots, variable setbacks, and variable building structural techniques and clustering. Padded building sites may be considered in some instances. Where this occurs, the commission may consider padded building sites adjacent to special features when it is found that grading of padded building sites will create a better relationship between the special feature(s)and the buildingsites. |
| 50% and over | This is an excessive slope condition and development is prohibited. |
B. Site Design.
Projects located in hillside areas shall incorporate clustering, variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents.
When clustering techniques are used, minimum lot sizes may be decreased to five thousand (5,000) square feet when it is necessary to preserve sensitive lands (e.g., hillsides, creeks, habitat areas, etc.). Lots may be allowed smaller than five thousand (5,000) square feet, but not smaller than four thousand (4,000) square feet, for up to twenty (20) percent of the total approved lots and only under an approved specific plan when absolutely necessary to preserve sensitive and hillside areas. Lots under five thou-sand (5,000) square feet are prohibited in slope areas of twenty-five (25) percent or greater.
C. Driveways and Roadways.
Driveways shall enter public/private streets maintaining adequate sight distance as determined by the city engineer.
Driveways shall not be located within three feet of a side property line. Exceptions may be considered based on lot size, percent slope, appropriate drainage facilities and use as a common (joint) driveway.
Only slopes less than fifty (50) percent (2:1) shall be allowed adjacent to driveways.
Driveway grades above fifteen (15) percent may only be considered when driveways are aligned with the natural contours of the land, are necessary to achieve effective site design, and safety considerations are met to the satisfaction of the building and safety official, city engineer, and the fire department. Proper design considerations shall be employed, including the use of vertical curves. On driveways that may be approved with a slope greater than fifteen (15) percent, a coarse, all-weather paving material, or grooves for traction, shall be incorporated into the construction.
Roadways shall conform to the natural landform. Significant alterations to the physical and visual character of a hillside shall be avoided by eliminating large notches in ridgelines and wide straight alignments. Modified or reduced width road sections and split sections shall be considered in the layout of hillside streets to reduce grading and cuts in topography while allowing access for fire trucks and other emergency vehicles.
Where road construction is proposed in hillside areas, the standards shall be consistent with those identified for high fire hazard areas.
The extent of vegetation and visual disruption shall be minimized by the combined use of retaining structures and regrading to approximate natural slopes. The view along a street front shall provide a pleasant appearance with a sense of open space and landscaping. The use of terraced walls and landscaping to reduce grading impact associated with retaining walls is encouraged.
Wet utilities shall be placed in the road right-of-way, where feasible.
Appropriate roadway drainage and grades shall be provided.
- D. Architecture.
- The building envelope for primary structures, except for padded building sites, shall be as follows:
a. Downhill Lot. The maximum structure height shall be thirty (30) feet, measured from finished grade at the
front setback line extending towards the rear of the lot. The maximum height at the side setbacks shall be fifteen (15) feet extending up toward the center of the lot at a forty-five (45) degree angle to a maximum height of thirty (30) feet as measured from finished grade.
FIGURE 3-4
BUILDING ENVELOPE FOR DOWNHILL LOT
b. Uphill Lot. The maximum structure height shall be fifteen (15) feet, measured from finished grade at the front setback line extending up towards the rear of the lot at a forty-five- (45-) degree angle to a maxi-mum height of thirty (30) feet. The maximum height at the side setbacks shall be fifteen (15) feet extending up towards the center of the lot at a forty-five- (45-) degree angle to a maximum height of thirty (30) feet as measured from finished grade.
FIGURE 3-5
BUILDING ENVELOPE FOR UPHILL LOT
c. Cross Slope Lot. The maximum structure height shall be thirty (30) feet, measured from finished grade at the maximum front setback line extending towards the rear of the lot. The maximum height at the side setbacks shall be fifteen (15) feet extending up towards the center of the lot at a forty-five-(45-) degree angle to a maximum of thirty (30) feet as measured from finished grade.
FIGURE 3-6
BUILDING ENVELOPE FOR CROSS LOT SLOPE
d. Architectural Projections Allowed. Architectural projections and variations in roof design are encouraged. Projections above the maximum height limits for architectural features may be allowed subject to approval by the director.
In steeper terrain, reduction of front yard setbacks may be considered in order to minimize rear yard grading.
Architectural treatments shall be provided on all sides of a structure. Elements of the architectural treatment used on the front facade shall be repeated on all sides of a structure with additional emphasis on those elevations visible from public rights-of-way.
Building materials and color schemes shall blend with the natural landscape. Colors shall be earth tones and the value (lightness or darkness) of the specific hue shall be as close to that of the immediately surrounding landscape as possible. Where exterior stucco is used, it shall have a final coat of integrated color in a muted earth tone. Contrasting color accents shall be kept to a minimum.
Treated wood or materials of a wood-like appearance, having the necessary fire retardant characteristics. are encouraged for exterior surfaces. Use of other natural materials (e.g., river rock) is also strongly encouraged. The
reflectivity of exposed surfaces (walls, roofs, windows, frames, and paved surfaces) shall be mitigated by overhangs, trellises, planting, and similar features.
- Exterior lighting shall be located and shielded so as to not impact adjacent property owners in terms of glare and privacy in compliance with Section 16.18.100 (Lighting).
- E. Walls and Fences.
Retaining walls, not exceeding six feet in height, may be allowed to reduce grading, preserve natural features, or increase soil stabilization. Within the required front yard setback, individual retaining walls shall not exceed three feet in height.
Where multiple (ter[r] aced) walls are designed to retain larger slopes they shall not exceed six feet in height and shall be separated by a minimum of six feet horizontally. A maximum of two walls shall be placed together. Walls within the required front yard setback shall not exceed three feet in height and shall be separated by a minimum of three feet and shall incorporate landscaping to screen the wall(s).
FIGURE 3-7
HEIGHT OF RETAINING WALLS
- Walls that are an integral part of the primary structure may exceed six feet in height; however, their visual impact shall be mitigated through contour grading and landscape treatment.
FIGURE 3-8
RETAINING WALL AS PART OF PRIMARY STRUCTURE
Crib walls may be approved on a case by case basis if it can be demonstrated that excessive height is not being created and provisions for extensive landscaping are incorporated.
Walls and fences shall incorporate materials and colors used in an adjacent structures. Naturally occur-ring materials (e.g., river rock, flagstone, etc.) shall be used whenever possible.
Walls and fencing visible from the public right-of-way shall be designed to incorporate visual interest through variation in placement, use of planters, differing materials, and modulation of the wall plane.
Walls and fences shall follow landform grading shapes and contours.
E. Landscaping. Revegetation in hillside areas shall reflect the visual patterns found naturally in local canyons and valleys. The landscaping as viewed from urban areas and arterial roadway system shall mask and screen man-made structures.
1 . Indigenous, or naturalized plants that blend naturally with the landscape shall be utilized in areas where planting is required.
Natural landform planting shall be used to soften manufactured slopes, reduce the impact of development on steep slopes or ridgelines. and provide erosion control. These landscape techniques shall serve to reintroduce landscape patterns that occur naturally in the hillsides.
A "vegetative backdrop" shall be maintained by replanting with native trees or the same vegetation that was removed. The vegetation should screen structures to the extent possible at maturity and preserve the appearance of the natural skyline.
The surface of graded or disturbed slopes with three feet or greater vertical height shall be protected against damage by erosion through the planting of deep rooted ground cover. Slopes exceeding eight feet in vertical height shall be planted with ground cover and a combination of shrubs and trees that have a high "root-to-shoot" ratio. The size of shrubs and trees shall be determined based on the individual project area as deemed appropriate by the department and/or commission.
Jute mesh or an equivalent shall be required when planting occurs between August fifteenth and April fifteenth, and when determined, as necessary, by a soils engineer and/or licensed landscape architect.
Indigenous, native vegetation shall be retained and supplemented within canyons and along natural drainage courses where grading does not occur, provided that it conforms with fuel modification and tire prevention plans.
Common open areas and front and side yards adjacent to a street shall be adequately landscaped and irrigated. The areas shall be provided with native plant materials that blend with the natural character of the surrounding landscape.
In order to protect slopes from soil erosion and slippage and to facilitate revegetation, an automatic irrigation system shall be installed on slopes with planting. Design and operation of the irrigation system shall respect the special conditions that exist in hillside situations specific to maintaining slope stabilization and integrity. In all cases, the emphasis shall be toward using plant materials that may eventually not need to be irrigated: therefore, temporary irrigation systems may be used as approved by the city's landscape architect and city engineer. Water and energy conservation techniques shall be utilized (e.g., drip irrigation, alluvial rockscape, etc.) Where irrigation systems are installed above ground, ultraviolet light resistant. brown line or other approved color, shall be used.
A permanent fuel modification area shall be required around development projects that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The fuel modification area shall be maintained by its owners, a homeowners' association, or other public nonprofit agency or conveyed in a public easement. Adequate provisions shall be made for the continual maintenance of these areas and the fire chief may require brush, vegetation, or debris to be removed and cleared consistent with the provisions of Chapter 8.32 of the municipal code. Where feasible, fuel modification areas shall be designated as common open space rather than private open space. The recommended width of the fuel modification area shall be based on applicable building and fire codes and the recommendations of the fire chief with consideration given to:
a. A worst-case Santa Ana wind condition;
b. The natural ungraded slope of the land within the project and in the areas adjacent to the project;
c. Fuel loading:
d. Access to the project by fire suppression equipment. and access directly to the fuel modified area, and egress out of the project in case of evacuation;
e. The on-site availability of water that can be used for fire fighting purposes with regard to fire flows, water pressure, and duration:
f. "Built-in" fire protection within structures (i.e., sprinklers etc.);
g. Soil erosion and sediment control measures; and
h. The fire department fuel modification policy document.
- Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion.
G. Grading.
Grading shall not take place on natural slopes that exceed fifty (50) percent.
Slopes created by grading of the site shall not exceed fifty (50) percent or 2:1, without a soils report and stabilization study indicating a greater permissible slope. Slopes shall not exceed thirty (30) feet in height between terraces or benches, except that the commission may permit slopes exceeding these dimensions where the slopes will result in a natural appearance and will not create geological or erosion hazards. The soils report and stabilization study will be subject to third party review prior to approval by the city. Refer to the hillside development guidelines (16.24.070) for methods to accomplish this standard.
Structures shall not visually impair ridgeline silhouettes. Structures are not permitted closer to a prominent ridge than fifty (50) feet measured vertically on a cross-section or one hundred fifty (150) feet horizontally on a
topographic map. whichever is more restrictive. Exceptions to this requirement for public facilities. utilities. and infrastructure necessary to serve the public health, safety, and welfare may be considered by the commission.
Clearing, excavation, or other earth disturbances shall not be permitted on hillside areas prior to the issuance of a grading permit. with the exception of county/state authorized soils remediation operations, drill holes, and exploratory trenches for the collection of geologic and soil data. Trenches are to be properly backfilled and in addition, erosion treatment provided where slopes exceed twenty-five (25) percent.
Manufactured cut and fill slopes exceeding ten feet in height which will be either exposed to public view, or are adjacent to environmentally sensitive areas, shall be landform or contour graded, where physically feasible, so that their ultimate appearance will resemble a natural slope. This will include slopes along streets and highways, slopes, adjacent to parks, schools, open spaces, and other public facilities and other prominent slopes. Refer to the hillside development guidelines (16.24.070) for methods to accomplish this standard.
Landform grading shall be used where zero to twenty-five (0-25) percent (nonhillside) slopes intersect with twenty-five to fifty (25-50) percent (hillside) slopes. Proper transitioning from manufactured slopes created by conventional grading methods to natural slopes shall be achieved gradually and naturally through the use of radii or irregular curvilinear shapes that will blend into the adjoining topography tangentially and not create abrupt changes.
Fill slopes shall not be placed perpendicular across a canyon. Straight line cut ofF fill slopes shall not be made to appear like a dam. The terminus of the fill shall, instead, be concave in shape to restore the can-yon appearance. This concave configuration shall be in combination with the use of substantially flatter slope ratios (4:1, 3.5:1, 3: I ) at or near the center of this indentation. Symmetrical or unsymmetrical con-cave configurations shall be used depending upon the adjoining or underlying topographic characteristics.
The terminus of the fill shall, instead, be concave in shape to restore the can-yon appearance. This concave configuration shall be in combination with the use of substantially flatter slope ratios (4:1, 3.5:1, 3: I ) at or near the center of this indentation. Symmetrical or unsymmetrical con-cave configurations shall be used depending upon the adjoining or underlying topographic characteristics.
Minimal radius rounding at the edges of cut and fill slopes is not acceptable. Proper transitioning from manufactured slopes to natural slopes shall be achieved gradually and naturally through the use of radii or irregular curvilinear shapes that will blend into the adjoining topography tangentially and not create abrupt changes.
In the planning, design, and development of public utilities and infrastructure, every reasonable effort shall be made to minimize grading impacts and harmonize with the natural contours and character of the land.
Side yard slopes and low (less than twenty (20) feet in height) rear yard slopes whose view is blocked by future structures need not have landform design applied.
Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible. only those areas that will be built on, resurfaced, or landscaped shall be disturbed. Top soil shall be stockpiled during rough grading and used on pads or revegetated habitat areas, upon the recommendation of the soils engineer. Refer to the hillside development guidelines for methods to accomplish this standard.
Applicable requirements of the city and state shall be complied with in conjunction with a National Pollution Discharge Elimination System (NPDES) permit prior to the issuance of a grading permit, which may include, but is not limited to, an Erosion Control Plan, Best Management Plan (including Notice of Intent to be filed with the state Water Resources Control Board) and Construction Monitoring Program.
H. Drainage.
Debris basins, energy dissipating devices, and down drains shall be provided, where necessary, to reduce erosion when grading is undertaken in the hillside areas. Natural drainage courses should be retained where health and safety are not jeopardized. Drainage courses retained in a natural state shall be protected from grading activity. In instances where a crossing is required. a natural crossing and bank protection shall be preferred over steel and concrete systems. Where drainage structures are required, they shall be naturalized with coloration, plant materials, native rocks and/or concealment with grading techniques.
Drainage channels, slope drainage devices, interceptor drains and terrace drains should be placed in less visible locations. Down drains shall be hidden in swales diagonally or curvilinear across a slope face. In this manner
they will be built into the overall landform of the slope. They should also receive a naturalizing treatment which may include native rock, colored concrete, and/or landscaping so that the structure appears as an integral part of the environment. In all cases, a concrete liner shall be used in addition to a naturalizing treatment.
Cross lot drainage usage shall be minimized. In situations where this is not possible using conventional design. optional techniques (e.g., single loaded streets, reduced densities, etc.) shall be considered. Use of cross lot drainage may be considered only after demonstration that this method will not adversely affect the proposed lots or adjacent properties, and that it is absolutely required in order to minimize the amount of grading which would result with conventional drainage practices.
Where cross lot drainage is utilized, the following shall apply:
a. Project Interiors. One lot may drain across one other lot if a maintenance easement is provided within either an improved, open V-swale gutter which has a naturalized appearance, or within a closed drainage pipe that shall be a minimum twelve (12) inches in diameter. This drainage shall be conveyed to either a public street or to a drainage easement. If drainage is conveyed to a private easement, it shall be maintained by its owners or a Homeowners' Association; otherwise. the drain-age shall be conveyed to a public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. Irrigation lines shall be placed above swales to minimize the impacts in the event of a system failure. When irrigation lines cross an open V-swale they shall be placed in a galvanized pipe which is to be clamped to the soil on both sides of the swale subject to the review of the director.
b. Project Boundaries . On-site drainage shall be conveyed in an improved open V-swale gutter, which has a naturalized appearance, or within an underground pipe in either a private drainage easement, that is to be maintained by its owners or a homeowners' association, or it shall be conveyed in a public easement. The easement width shall be a minimum often feet. A greater width may be determined necessary on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements.
I. Public Safety.
- Residential developments shall be constructed in a manner so as to reduce the potential for spread of brushfires as follows:
a. In the case of a conflict where more restrictive provisions are contained in the uniform building code or in the uniform fire code, the more restrictive provisions shall apply.
b. Roofs shall be covered with noncombustible materials (e.g., clay tile, concrete shake, tile, or similar materials). Open ends shall be stopped in order to prevent bird nests, or other combustible material, lodging within the roof and to prevent entry of flames.
c. Exterior walls and fences shall be surfaced with noncombustible or flame resistive materials. Alternate surface materials may be approved subject to the approval of the fire chief and Building Official. Except as otherwise provided herein, exterior walls shall extend to the ground.
d. Balconies. patio roofs, eaves and other similar overhangs shall be of noncombustible or flame resistive materials.
e. Plastic webbing, split or whole bamboo, reed or straw-like materials, corrugated plastic or fiberglass materials, and similar flammable materials are not permitted for use on patio covers.
f. Vents for attics and underfloor areas shall be designed and located to minimize the likelihood of spreading of fire.
g. Chimneys shall be provided with approved spark arresters.
Adequate water supply and pressure for proposed development shall be required in compliance with fire department Standards.
The fire chief shall require brush, vegetation, or debris to be removed and cleared within ten feet on each side of every roadway and access drive, and may enter upon private property to do so. This requirement shall not apply to single specimens of trees, ornamental shrubbery, or cultivated groundcover provided they do not form a means of readily transmitting fire.
If the fire chief determines in a specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, he or she may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this chapter.
Site design shall provide for all-weather equipment access to publicly maintained slope areas for maintenance and emergency purposes.
Structures and facilities shall be restricted in geologically hazardous areas.
Special construction features shall be required in the design of structures where site investigations con-firm potential geologic hazards.
Development not on public sewers shall be permitted only after site specific investigations have been conducted that demonstrate the soils are suitable for on-site wastewater disposal and the disposal of wastewater will not degrade the subsurface water quality.
Due to the hazard associated with saturated soils in areas of steep slopes, irrigation systems in critical areas that have the potential for failure in the judgement of the city engineer shall be required to be equipped with potentiometers to make sure that the systems will not operate when there is sufficient moisture in the soil. (Ord. 182 § 2 (part), 1997)
16.24.070 Hillside Development Guidelines. ¶
The hillside development guidelines are intended to illustrate and amplify the appropriate development concepts for hillside areas. The guidelines are not intended to be an exhaustive list of standards, but rather policy statements, to encourage development that is sensitive to the unique characteristics common to hillside properties. The guidelines allow for flexibility and they encourage creativity, especially where a specific plan is prepared. How-ever, the development standards provided in Section 16.24.060 shall be considered as a "benchmark" against which hillside development proposals will be reviewed for compliance with the purposes of this chapter.
The guideline's purpose is to allow for innovative or alternate methods of design in hillside areas. Innovation is encouraged as long as the end result is one that respects the natural character of the hillside and is consistent with the purposes of this chapter and the goals, objectives and policies of the general plan .
Conformance with the guidelines will be incorporated in the preparation and approval of subdivisions and individual site developments. During the application review process, the city will evaluate the consistency of the proposal with the purposes of this chapter. Prior to the start of the design effort, it is recommended that the project design team members read the general plan and become familiar with its policies.
A. Site Design.
Design of building sites should be sensitive to the natural terrain. Structures should be located in a way that minimizes grading and preserves natural features (e.g., prominent knolls, ridgelines, etc.)
Preserve views of significant visual features, as designated on the hillside overlay zone map, as seen from both within and outside a hillside development. When designing lots and plotting homes, the following provisions should be considered:
a. Dwellings should be oriented to allow view opportunities. even though views may be limited. Residential privacy should not be unreasonably sacrificed; and
b. A significant public vista, skyline, open space corridor, or vertical open space corridor as seen from an interstate, an arterial, or a secondary street should be a major design element in the site planning process.
Where possible, graded areas should be designed with manufactured slopes located on the uphill side of structures.
To the extent possible. the width of a building, measured in the direction of the slope, should be minimized in order to limit the amount of cutting and tilling and to better "fit" the house to the natural terrain. The degree of slope will dictate how this is accomplished.
Clustering of development is encouraged in hillside areas regardless of size. This is particularly important in environmentally sensitive areas in order to reduce the potential for tire hazard, erosion and excess runoff, and to preserve existing natural features and open space.
B. Driveways and Roadways.
- Driveways that serve more than one parcel are encouraged as a method of reducing unnecessary grading, paving, and site disturbance.
C. Architecture.
- The form, mass, and profile of the individual buildings and architectural features should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Techniques that should be considered include:
- a. Detaching the garage:
b. Integrating retaining walls into garage walls on sloping lots to reduce grading and minimize visibility of walls: and
c. Including architectural enrichments and variations in roof massing. Roofs should have low profiles to minimize their visual impact. On sloping land, the roof pitch should follow the slope of the hill-side, instead of being perpendicular to the hillside or opposing hillside slope. Care should be taken to avoid the use of gabled ends on downhill elevations. Upper stories should not be cantilevered out of the opposite direction of the hillside slope.
The design of the structure should give consideration to the lot's size and configuration in order to avoid the appearance of overbuilding and to minimize the blocking of views. For example, within a development, the majority of the units should not be designed with minimum setback to minimum setback.
Large expanses of a single material on walls, roofs, or paving areas should be avoided. Create interesting, small scale patterns by breaking up building mass, varying building materials, and through design and placement of windows and doors. Building plans and elevations should be varied throughout a development to avoid a monotonous "cookie-cutter" look.
D. Walls and Fences.
Walls and fences can be used to define a sense of place and create an attractive appearance. However, walls should not dominate a view, and their height should be limited adjacent to a street or trail or within a rear yard. Extensive landscaping should be used to reduce the visual impact of walls. In addition, street front walls should incorporate varying design and natural materials. The use of open view fencing is encouraged, so long as adequate public safety and residential privacy are maintained.
When possible, walls and fences should be designed as an integral part of the building in order to minimize the visual impact on surrounding areas.
Visually obtrusive solid fencing should be avoided in highly visible areas (unless required for sound attenuation), with the preference being for open (wrought iron) fencing.
E. Landscaping.
- Street trees should be provided in select areas to enhance the natural character of the areas and create a more rural appearance. Street tree species selection, and spacing of trees, should be sensitive to the context in which they
are planted. Species selection should also be respectful of potential impact on infra-structure improvements (i.e. root damage to streets, sidewalks, etc.).
- Slopes should be designed with informal clusters of trees and shrubs to soften and vary the slope planes, consistent with landform grading concepts.
F. Grading.
There are three distinct types of grading proposed in these guidelines, each with a unique quality, each with an individual and appropriate application. Larger sites will most likely incorporate all three concepts in various parts of the plan.
1. Minimal Grading. This is typically used for large lot single family homes, custom homes with variable foundations that conform to the existing slopes, and other uses that utilize the least amount of grading in order to get the facility and structures built. This technique embraces the following concepts:
a. Grading should be limited to individual flat graded pad areas for residential building sites. Grading should be limited to only the required building areas and adjacent outdoor amenities in steep hillside areas;
b. Foundation systems that require little or no grading are encouraged, forcing the architecture to con-form to the land rather than the land to conform to the dwelling:
c. Roadways, driveways, and individual building pads should be designed to conform with the contours and to attempt to daylight in the center of the road or building pad to ensure a minimum cut and fill situation; and
d. The grading concept minimizes the amount of cubic yards of earth excavated and filled.
2. Contour Grading. This concept results in post-development landforms that exhibit many of the characteristics present within natural landforms. Contour grading is typically used in situations where conventional, terraced, grading with benches and slopes might be used but a "softened" grading look is desired. This would be desirable for areas that are limited in public view (i.e. concealed rear yards). Typically, contour grading can reduce
required cut and fill volumes as compared with traditional, terraced, grading. The design elements associated with this type of grading include: (See Figure 3-9)
a. The use of horizontal and vertical curve variations for slope banks creating a curvilinear pattern;
b. Post-development landforms that exhibit natural terrain characteristics (without the heavy modeling effects of landform grading);
c. A general rounding of slopes at slope intersections and transition zones with natural grade;
d. Pad configurations that are curvilinear; and
e. Slopes that are designed with contour grading techniques (e.g., the location of slopes behind structure (not in side yards), slopes in hidden locations, or slopes less than ten feet in height).
FIGURE 3-9
CONTOUR GRADING
FIGURE 3-10
LANDFORM GRADING
3. Landform Grading. Graded slopes in this category will replicate the irregular shapes of natural slopes. Landform grading techniques should be used whenever slopes are created that will be open to public view. This is particularly true for slopes that exceed ten feet in height.
The intent of these grading guidelines, is to incorporate the basic principles of the landform grading concept as the preferred method in the design and construction of hillside development projects so that they w ill be in harmony with
the natural topography and reflect natural plant distribution patterns. (See Figure 3-10) Landform grading techniques embrace the following concepts:
a. Land plans should flow with the natural topography rather than against it. This means that street pat-terns and building pad configurations follow the underlying topographic features rather than cutting across them:
b. Landform graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into profiles with varying slope gradients and with significant transition zones between manmade and natural slopes;
c. Pad configurations are irregular. Slope down-drain devices either follow natural lines of the slopes or are tucked away in special Swale and berm combinations in order to conceal the drains from view. Exposed segments in visible areas are treated with natural rock for a more aesthetically pleasing appearance;
d. The technique should be used wherever possible to provide a variety of both slope percentage, slope direction, and topographical detailing in a three-dimensional, undulating. pattern similar to existing terrain: and
e. Manufactured cut and fill slopes exceeding ten feet in height that will be either exposed to permanent public view or are adjacent to environmentally sensitive areas should be designed with features characteristic of natural slopes, where physically feasible so that their ultimate appearance will resemble a natural slope. This will include slopes along streets and highways, adjacent to parks, schools, open spaces. other public facilities, and other prominent and visible slopes.
- The following basic grading guidelines and techniques serve to implement preferred landform grading techniques and help avoid unnecessary cut and fill:
a. Cuts. When convex shaped natural features. (e.g., protruding minor landforms) are cut, the residual landform should not be a flat slope face, but rather should be restored to resemble the original. This will require more than just rounding at the edges but, in effect, reconfiguring it so the final result will give the appearance of a protruding ridgeline.
b. Use of variable slope ratios. Because Landform grading designs require the use of variable slope ratios at greater than 2:1 and may create valleys or concave indentations on building pad areas, they may result in loss of usable area. In addition, engineering and construction costs may increase. Be-cause of this, segments of a cut or fill slope may be designed with variable slope ratios less than 2:1, but not less than 1.5: I within the following guidelines and subject to third party review at the applicant's expense:
- A geotechnical engineer shall certify that slopes will meet standard stability requirements;
- The overall ratio from top to toe will be 2:1 or flatter; and
- Ratios flatter than 2:1 will also be used in the slope design.
c. Grading operations should be planned to avoid the rainy season, October fifteenth (15th) to April fifteenth (I 5th). Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the city without regard to time of year.
d. A rounded and smooth transition should be made when the planes of man-made and natural slopes intersect. Where cut or fill conditions are created, slopes should be varied rather than left at a constant angle or create an unnatural, rigid, `'engineered" appearance. The angle of a graded slope should be gradually adjusted to the angle of the natural terrain.
e. Manufactured slopes adjacent to roadways shall be consistent with the landform grading and revegetation technique, where physically feasible to create visually interesting and pleasing streetscapes. The higher the slope becomes, the more important the modeling effect of landform grading becomes.
f. Top of slope berms shall be used to eliminate the possibility of drainage sheet flow over the slope that would potentially cause an unstable condition. Tops of slopes should be rounded in conformance with landform grading techniques, or increased in size to reduce the visual impact of the back of a home.
G. Drainage.
Natural drainage courses should be preserved and enhanced to the extent possible. Rather than filling them in, drainage features should be incorporated as an integral part of the project design in order to enhance the overall quality and aesthetics of a site, to provide attractive open space vistas, and to preserve the natural character of the site. Encourage the use of natural drainage courses as natural boundaries between neighborhoods.
Storm drainage runoff resulting from project development should be minimized. Where possible, flood control plans for storm waters should encourage the detention of water for percolation in to the ground-water to conserve it for future uses and to mitigate downstream flooding.
(Ord. 182 § 2 (part), 1997)
16.26 Cultural Resource Preservation ¶
16.26.010 Purpose. ¶
The purpose of the cultural resource preservation ordinance codified in this chapter is to establish a mechanism by which community resources such as buildings, structures and sites within the city of Murrieta, which are of prehistoric and historic interest or value. or which exhibit special elements of the city's architectural. cultural or social heritage may be identified, protected. enhanced, perpetuated and used in the interest of the public's health. safety. welfare and enrichment. The cultural resource preservation ordinance is also established to implement the provisions of the conservation and open space element of the general plan.
(Ord. 237 (part), 2001)
16.26.020 Applicability. ¶
The provisions of the cultural resource preservation ordinance are applicable to any cultural and archaeological resource, archaeological district, or historic preservation district, within the city boundaries. (Ord. 237 (part), 2001)
16.26.030 Definitions. ¶
"Adaptive Re-use" means converting a building to a use other than that for which it was originally designed. "Alteration" means any exterior change or modification, through public or private action, on any cultural re-source, or structures located in any historic preservation district, including but not limited to. exterior changes to or modification of structure. architectural details or visual characteristics such as paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the exterior visual qualities of the property.
"Archaeological district" means any associated archaeological resources whose composite content affords information about the past.
"Archaeological resource" refers to any prehistoric Native American resource situated above ground or in a subsurface context. Archaeological resources include, but are not limited to, habitation and material processing sites, rock art, and artifact scatters.
Certificate of appropriateness is the permit granted after an approval issued by the city council, which grants permission for the demolition or relocation of a designated cultural resource or contributing resource within the city. "Contributing resource" means a cultural resource that does not warrant designation on its own merits but is designated as a contributing element to a historic preservation district.
"Cultural resource" means improvements, buildings, structures, signs, features, sites, scenic areas, places (including vacant land), trees or other objects of aesthetic, educational, cultural, architectural or historical significance to the citizens of Murrieta.
"Demolition" means any act or process that destroys in part or in whole a designated cultural resource or contributing resource within the city.
"Design guidelines" means the design principles/criteria contained in a document which illustrate appropriate and inappropriate methods of rehabilitation and construction. The purpose of using design guidelines is to aid design and
decision-making with regard to retaining the integrity of scale, design intent, materials, feeling, patterns of development and historical character of a cultural resource.
"Designated cultural resource" means any archaeological resource or cultural resource that has been designated in compliance with the ordinance codified in this chapter and placed on a city register of cultural resources. "Designated site" means a parcel or part thereof on which a designated cultural resource is or has been situated and which has been designated a cultural resource under the provisions of the ordinance codified in this chapter. "Development plan approval" means a development review process conducted by the planning division in compliance with the provisions of any applicable specific plan and the development code.
means a parcel or part thereof on which a designated cultural resource is or has been situated and which has been designated a cultural resource under the provisions of the ordinance codified in this chapter. "Development plan approval" means a development review process conducted by the planning division in compliance with the provisions of any applicable specific plan and the development code.
"Historic preservation district" means any geographic area containing a concentration of cultural resources which have a special character, historical interest or aesthetic value, which possess integrity of location, design, setting. materials, workmanship and feeling, or which represent one or more architectural periods or styles typical to the history of the city and that has been designated a historic preservation district pursuant to the ordinance codified in this chapter and the provisions of the development code.
"Improvement" means any building, structure, fence, wall, parking facility, work of art or other object constituting a physical man-made improvement or any part of such improvement.
"Inventory" is the list of cultural resources in the city identified through a survey of such resources. It includes a physical description and a photograph of each historic resource. legal information from title or assessment re-cords, statements of significance according to the criteria in the ordinance codified in this chapter, and a statement of any threat to the integrity or continued existence of the cultural resource. The information for each cultural re-source is recorded on the appropriate community services district forms.
"Natural feature" means any tree, plant life, geographical or geological site or feature subject to the provisions of the ordinance codified in this chapter.
"Ordinary maintenance and repair" means any work, for which a building permit is not required, where the purpose of the work is to cor[r] ect any deterioration of or damage to an improvement and to restore it to its condition prior to the deterioration or damage.
"Qualified professional" means an individual meeting the Secretary of the Interior Qualification Standards. For archaeological resources, in addition to this qualified professional, a Native American representative shall provide input.
"Register of cultural resources" means a working list of designated cultural resources.
"Rehabilitation" means to restore the fabric of a building or structure to its original state.
"Relocation" means to move any archaeological resource or cultural resource to a new location.
"Secretary of the Interior Standards for Rehabilitation" means the guidelines prepared by the National Park Service for Rehabilitating Historic Buildings and the Standards for Historic Preservation Projects prepared by the National Park Service with guidelines for applying the standards.
"Significant feature" means the natural or man-made elements embodying style or type of cultural resource, design or general arrangement and components of an Improvement, including, but not limited to, the kind, color and texture of the building materials, and the type and style of windows, doors, lights. signs and other fixtures appurtenant to such improvement.
(Ord. 237 (part), 2001)
16.26.040 Historic Preservation Advisory Commission. ¶
There is hereby created a city of Murrieta historic preservation advisory commission (HPAC) whose membership and duties shall be prescribed by the Murrieta city council.
A. Membership.
The HPAC shall consist of the Murrieta community services commission (CSC) with an additional two to four members appointed by the city council. To the extent possible, the HPAC shall have among its membership at least one business owner or one resident from each preservation district, one member from a citizens historic interest group, and two at large members with backgrounds in one of the following disciplines: architecture, urban planning, history. cultural geography/archaeology or other closely related fields. Non-voting members are to include a Native American representative and staff liaison. On matters pertaining to archaeological resources, the Native American representative shall be a voting member.
The appointment of members to the HPAC shall be for staggered terms. Appointments shall be made for a three-year term, following initial appointments.
B. Meetings.
A quorum of the HPAC shall be a simple majority of voting members.
The HPAC shall operate under procedural rules and bylaws consistent with its authority as set forth be-low. Rules and bylaws shall be approved by the city council.
- 3 . The HPAC shall meet at least four times per year, with meetings at regular intervals and/or when re-quested by the community services director or the city council.
- The HPAC shall keep minutes and records of all meetings and proceedings. All materials shall be of public record.
C. Duties. The historic preservation advisory' commission shall have the following duties and other specific tasks as may be assigned on an ad-hoc basis by the city council:
The HPAC shall act solely in an advisory capacity to the city council, through the CSC, staff and other city commissions in matters affecting the preservation of cultural and archaeological resources. The HPAC shall not exercise any independent final decision-making authority or expend city funds. Actions of the HPAC shall not be considered actions of the city and shall not be represented as such:
Recommend to the city council, through the CSC, the designation of cultural resources, including individual properties, archaeological districts and historic preservation districts;
Maintain the register of cultural resources within the city, including all pertinent information for each designation;
Review and comment on land use, redevelopment, municipal improvement and other planning matters and programs undertaken by the city. as they relate to cultural resources of the community when so directed by the community services director or city council:
Make recommendations to the city council, through the CSC, on the use of various federal, state, local or private funding sources and mechanisms available to promote cultural resource preservation in the city;
Review applications for certificates of appropriateness related to demolition permits for any designated cultural resource within the city and make recommendations to the city council, through the CSC, including considerations of economic hardship. (See "Demolition/Relocation Permit," Section 16.26.100);
Review and make recommendations on applications for development plan approval in compliance with the development code when so requested by the community services director. In general, the following projects shall be submitted to the HPAC for their review and recommendation:
a. Any exterior alteration or addition to and improvement that requires a building permit and that is a designated cultural resource or contributing resource; and
b. The new construction of a non-residential structure over five thousand (5,000) square feet within a historic preservation district. (Modifications and approvals to the town square project are exempt from this review.)
Make recommendations to the city council, through the CSC, for recognition of owners of cultural re-sources who have rehabilitated their property in an exemplary manner; and
Undertake any other action or activity directed by the city council to fulfill the objectives of cultural re-source preservation in the city.
- (Ord. 237 (part), 2001)
16.26.050 Designation Criteria for Cultural Resources Archaeological Districts and Historic Districts. ¶
For the purposes of the ordinance codified in this section, an improvement or natural feature may be designated a cultural resource by the city council and any area within the city may be designated as an archaeological district or historic preservation district by the city council if it meets any of the following criteria:
A. individual Resource Designation.
It exemplifies or reflects special elements of the city's cultural, architectural, aesthetic, social, economic, political, artistic and/or engineering heritage;
it is identified with persons, a business use or events significant in local, state or national history;
it embodies distinctive characteristics of style. type, period or method of construction or is a valuable ex-ample of the use of indigenous materials or craftsmanship;
It is representative of the notable work of a builder, designer or architect; or
Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood, community or the city:
B. Local District Designation.
A geographic area may be designated as a local archaeological district or historic preservation district if the city council, after hearing(s) finds that all of the requirements set forth below are met. Concurrent with the designation of a historic preservation district, design guidelines shall be developed and shall apply to all properties within the historic preservation district.
1. Archaeological District.
a. The area is a geographically definable area:
b. The area possesses either:
A significant concentration or continuity of archaeological resources; or
The area is associated with the prehistory of Murrieta.
c. The designation of the geographic area as an archaeological district is reasonable, appropriate, and necessary to protect, promote and further the goals and purposes of the ordinance codified in this chapter and is not inconsistent with other goals and policies of the city.
2. Historic Preservation District.
a. The area is a geographically definable area:
b. The area possesses either:
A significant concentration or continuity of buildings unified by past events or aesthetically by plan or physical development; or
The area is associated with an event, person, or period significant or important to Murrieta history.
c. The designation of the geographic area as a historic preservation district is reasonable, appropriate, and necessary to protect, promote and further the goals and purposes of the ordinance codified in this chapter and is not inconsistent with other goals and policies of the city.
- d. Determining Factors. In determining whether to designate a historic preservation district, the following factors shall be considered:
District should have integrity of design, setting, materials, workmanship, and association.
The collective value of the buildings and structures in a district taken together may be greater than the value of each individual building or structure.
3. Contributing Resources. Contributing resources may be included in a historic preservation district if the city
council finds, after a hearing(s) that all of the following requirements are satisfied:
a. The nominated resource is within a historic preservation district;
b. The nominated resource either embodies the significant features and characteristics of the district or adds to the historical associations. architectural qualities or archaeological values identified for the district;
c. The nominated resource was present during the period of historical significance of the district and relates to the documented historical significance of the district;
d. The nominated resource possesses historic integrity or is capable of yielding important information about the period of historical significance or the district; and
e. The nominated resource has important historic or architectural worth, and its designation as a contributing resource is reasonable, appropriate and necessary to protect, promote and further the goals and purposes of the ordinance codified in this chapter.
(Ord. 237 (part), 2001)
16.26.060 Cultural Resource Designation Procedures. ¶
Archaeological districts, historic preservation districts and designated cultural resources shall be established by the city council as follows:
A. Any person may request the designation of an improvement or natural feature as a cultural resource or the designation of a district by submitting a written request and a supporting document prepared by a qualified professional justifying the designation to the community services director. The HPAC or city council may also initiate such proceedings on their own motion;
B. The community services director shall refer the request and document to the HPAC for their review and recommendation to the city council;
C. The HPAC shall deliberate the merits of the proposed designation and make a recommendation to the city council based on available documentation as to its appropriateness for consideration;
D. No permits for the alteration, demolition or removal of any improvement, building or structure within an existing or proposed historic preservation district or relative to a proposed cultural resource shall be is-sued while the designation is still under consideration which must be processed within sixty (60) days of nomination; and
E. After receipt of the recommendations from the HPAC for designation of a cultural resource or a district, the city council shall consider the matter, taking into account the HPAC's recommendations. (Ord. 237 (part). 2001)
16.26.070 Mechanism for Appealing Designation. ¶
The process for proposing the removal from a historic designation status shall be as follows:
A. The owners of a designated cultural resource or contributing resource may propose deletion.
B. All applications to delete a designated cultural resource or contributing resource shall be submitted to the HPAC which shall determine whether an application is or is not complete.
C. The HPAC shall make a determination whether or not the designated cultural resource or contributing resource is eligible for consideration for deletion based on analysis from qualified professional and shall make an advisory determination about whether the designation shall be removed. This process shall follow that of the process for original designation approval.
D. The city council shall make final determination.
(Ord. 237 (part), 2001)
16.26.080 Certificates of Appropriateness. ¶
A certificate of appropriateness shall be required prior to the demolition or relocation of any designated cultural resource or contributing resource. The following process shall occur:
A. Application for a certificate of appropriateness shall be made on forms provided by the community services department and shall contain whatever information is determined by the community services department to be necessary to act on the request.
B. The city council shall have the authority to approve, approve with conditions or deny a certificate of appropriateness for the demolition or relocation of a designated cultural resource or contributing resource. The council shall request a recommendation from the HPAC prior to taking action on the application.
C. Prior to the city council's final action. the HPAC shall hold at least one public meeting to consider the application and to make a recommendation to the city council.
D. A certificate of appropriateness for the demolition of a designated cultural resource or contributing resource may be approved if the city council finds that one or more of the following conditions exist:
1 . The structure/site is a hazard to public health or safety and repairs or stabilization are not physically possible (as ascertained by the building official);
The site is required for a public use which will be of more benefit to the public than the cultural resource and there is no feasible alternative location for the public use; or
It is not feasible to preserve or restore the structure, taking into consideration the economic feasibility of alternatives to the proposal.
E. A certificate of appropriateness shall lapse and become void one year following the date on which it was approved unless the conditions of the approval specify a lesser or greater time or unless, prior to the expiration date, a demolition/relocation permit is issued and work is commenced and diligently pursued. A certificate may be renewed once for an additional period of up to one year provided that prior to the expiration of the time period granted, an application for renewal of the permit is filed with the community services department and processed in the same manner as the original application.
(Ord. 237 (part), 2001)
16.26.090 Adaptive Re-Use. ¶
As a policy, the ordinance codified in this chapter encourages the adaptive re-use of existing buildings and structures to the fullest extent possible.
(Ord. 237 (part), 2001)
16.26.100 Demolition/Relocation Permit Requirements. ¶
No person shall carry out or cause to be carried out any demolition or relocation of a designated cultural resource or contributing resource without first receiving approval of a demolition/relocation permit from the city. A permit shall not be issued unless one of the following events has occurred:
A. A certificate of appropriateness has been applied for and approved by the city council: or
B. An initial certificate of appropriateness for relocation only has been applied for and denied and a period of ninety (90) days has expired from the date of the initial city council denial.
When a designated cultural resource or contributing resource has been lawfully demolished, relocated or altered pursuant to any provisions of the ordinance codified in this chapter, the provisions of the ordinance codified in this chapter shall be considered removed and the remaining property shall not be further encumbered. Designated resources shall be considered lawfully demolished, relocated or altered if fifty (50) percent of their features and characteristics are destroyed by natural disaster(s) or other forces of nature, but not including arson. The ninety (90) day delay period may be reduced by the city council where it finds that the owner of a cultural resource would suffer economic hardship or be deprived of beneficial use of or return from the property by virtue of the delay. During the ninety (90) day delay period the city may negotiate with the owner and with any other parties in an effort to find a means of preserving the cultural resource, including relocating it to another site within the city. (Ord. 237 (part), 2001)
16.26.110 Minimum Maintenance Requirements. ¶
The owner, lessee or other person legally in possession of a designated cultural resource or contributing resource shall comply with all applicable codes, laws, and regulations governing the maintenance of a subject property. Additionally, it is the intent of the ordinance codified in this chapter to preserve from deliberate or inadvertent neglect the exterior features of designated cultural resources or contributing resources, and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. Designated cultural resources and contributing resources shall he preserved against such decay and deterioration and shall remain free from structural defects through prompt corrections of any of the following defects:
A. Facades which could fall and cause injury to people or property:
B. Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated wall or other vertical structural supports;
C. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective materials or deterioration;
D. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;
E. Defective or insufficient weather protection for exterior wall coverings, including lack of paint or other protective covering; and/or
- F. Any fault or defect in the building which renders it not properly watertight or structurally unsafe. (Ord. 237 (part), 2001)
16.26.120 Preservation Incentives. ¶
The HPAC, with city council approval, is authorized to develop and implement preservation incentive programs that are consistent with the ordinance codified in this chapter. These shall include, but are not limited to. the following:
A. State Historical Building Code.
The building and safety division is authorized to use and shall use the state Historical Building Code for projects involving designated cultural resources or contributing resources. The HPAC is authorized and shall use the state historical building code for projects subject to review under the ordinance codified in this chapter.
B. Mills Act Contracts.
- Mills Act contracts granting property tax relief shall be made available by the city of Murrieta only to owners of locally designated cultural resources or contributing resources, as well as properties that are listed in the California Register of Historic Places or the National Register of Historic Places. Properties that have been previously listed on
the above-named registers but that have been removed and are no longer listed shall not be eligible for a Mills Act contract with the city.
Mills Act contracts shall be made available pursuant to California law. The community services department shall make available appropriate Mills Act application materials.
Mills Act contract applications shall be submitted to the community services department, which shall within sixty (60) days of receipt of a completed application, prepare and make recommendations on the content of the contract for consideration by the city council. A fee for the application to cover all or portions of the costs of the preparation of the contract in the amounts set by city council resolution may be charged.
The city council shall, in public hearing, resolve to approve, approve with conditions. or deny the proposed contract. Should the council fail to act on the proposed contract within one year of the receipt of the proposal, the proposal shall be deemed eligible.
5 . A Mills Act contract application that has been denied by the city council cannot be resubmitted for one year from the date of city council action.
(Ord. 237 (part), 2001)
16.26.130 Reconsideration by City Council. ¶
The decision of the city council under the ordinance codified in this chapter shall be subject to reconsideration within the time limit often days after the issuance of the council's notice of decision and findings, provided new information not previously heard can be presented. Under such conditions, the city council may reverse a previous decision. A. Finality of City Council Decisions.
Any decision or order of the city council under the ordinance codified in this chapter shall become final if no reconsideration is taken from such decision or ordered within the time limits prescribed by the applicable
reconsideration provisions of the ordinance codified in this chapter. No permit regulated by the provisions of the ordinance codified in this chapter shall issue, nor shall any rights therein vest, until the decision of the city council is final or any appeal therefrom is disposed of in the manner prescribed by the ordinance codified in this chapter.
B. Requesting Reconsideration of City Council Actions.
Except as expressly provided herein, any person dissatisfied with any decision of the city council may request a reconsideration of the decision to the council, provided previously unheard information can be presented not later than ten days after the issuance of the council's notice of decision and findings. Such a request for reconsideration is made by tiling a notice of reconsideration with the community services department and paying a fee as established by the city council. Upon receipt of a timely request for reconsideration, the community services department shall forthwith transmit all papers and documents on file relating to the request. Written notice of the hearing before the city council shall be provided at least seven days prior to the hearing.
(Ord. 237 (part), 2001)
16.26.140 Enforcement and Penalties. ¶
A. Any person who violates a requirement of the ordinance codified in this chapter or fails to obey an order issued by the city or comply with a condition of approval of any certificate or permit issued under the cultural re-source preservation ordinance shall be subject to the penalty provisions as set forth in the city of Murrieta municipal code. Any person who willfully and unlawfully relocates, demolishes or alters a designated cultural resource shall be subject to either a one hundred fifty thousand dollar ($150,000) fine or shall pay the appraised market value of the subject property as determined by a third party appraisal. whichever is greater. The amount of the one hundred fifty thousand
dollar ($150,000) fine shall be reviewed every twenty-four (24) months for adequacy and shall be tied to the CPI for Southern California or its succeeding index.
Any person who willfully and unlawfully relocates. demolishes or alters a contributing resource or a cultural re-source included in the Murrieta historical resources inventory, shall be subject to a ten thousand dollar ($10,000) fine or a fine of ten percent of the appraised land and building values as determined by a third party appraisal. Any action to enforce these provisions shall be brought by the city or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution, penalty and other remedy provided by law.
B. Applicable Mitigation Measures for Projects Impacting Historic Resources Under CEQA.
Any cultural or archaeological resource identified in the course of planning for a development project under the terms of the development code shall be subject to review under the California Environmental Quality Act (CEQA). In the event a new project is found to create significant impacts to cultural or archaeological resources. one or more of the following mitigation measures shall be enforced:
The cultural or archaeological resource shall be preserved and impacts shall be eliminated through avoidance.
Impacts to the cultural or archaeological resource shall be avoided through redesign of the project.
Impacts shall be reduced to below a level of significance by relocating the resource off-site.
Impacts shall be reduced to below a level of significance by the thorough documentation and/or interpretation of a resource prior to its demolition.
The applicant shall pay in-lieu fees for the demolition of the resource.
C. Use of Funds Collected from Fines, Penalties, or Fees.
All funds collected either from tines, penalties, or fees shall be deposited into a cultural resource preservation fund to be used, as available, exclusively for:
Rehabilitation or preservation of designated cultural resources or contributing resources in the city of Murrieta.
Purchase of component parts necessary for the rehabilitation or preservation of designated cultural re-sources or contributing resources in the city of Murrieta.
Purchase of designated cultural resources or contributing resources in the city of Murrieta.
Maintenance of designated cultural resources or contributing resources in the city of Murrieta.
Costs associated with designated cultural resource or contributing resource relocation.
Educational programs including school programs, education exhibits and materials, and creation and maintenance of a historic museum.
(Ord. 237 (part). 2001)
16.28 Landscaping Standards and Water Efficient Landscaping ¶
16.28.010 Purpose. ¶
The purpose of this chapter is to achieve the following:
A. Enhance the appearance of all development by providing standards relating to the quality, quantity and functional aspects of landscaping and landscape screening;
B. Protect public health, safety and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods and enhancing pedestrian and vehicular traffic and safety;
C. Promote water efficient landscaping, water use management, and water conservation through the use of water efficient landscaping, wise use of turf areas and appropriate use of irrigation technology and management;
D. Provide landscape design, installation, maintenance and management that is water efficient;
E. Protect California's economic prosperity as it is dependent on the availability of adequate supplies of water for future uses;
F. Protect the waters of the state as they are of limited supply and are subject to ever increasing demands;
G. Promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
H. Provide landscapes with areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;
I. Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount;
J. Eliminate water waste from overspray and/or runoff;
K. Achieve water conservation by raising the public awareness of the need for an effective management program through education and incentives;
L. Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;
M. Assure the attainment of water-efficient landscape goals by requiring that landscapes serviced by potable water not exceed a maximum water demand of fifty-five percent (55%) for residential landscape projects and forty-five percent (45%) for non-residential projects of its reference evapotranspiration (ETO);
N. Implement the requirements to meet the State of California Water Conservation in Landscaping Act 2006, the California Code of Regulations Title 23, Division 2, Chapter 2.7, and Executive Order B-29-15 of April 1, 2015;
O. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible; and
P. Establish provisions for water management practices and water waste prevention.
(Ord. 539 § 3, 2018; Ord. 443 § 1, 2010; Ord. 182 § 2 (part), 1997)
16.28.020 Applicability. ¶
A. After December 1, 2015, and consistent with Executive Order No. B-29-15, This chapter applies to:
New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review;
Rehabilitated landscapes projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check or design review.
New and rehabilitated cemeteries, but solely as to Sections 16.28.060A (Water Efficient Landscape Worksheet), 16,28.090 (Maintenance of Landscaping), and 16.28.100 (Enforcement of Landscaping Water Use Efficiency), and existing cemeteries, but solely as to Sections 16 28.090B (Irrigation Audits) and 16.28.100 (Enforcement of Landscaping Water Use Efficiency).
All other existing landscapes, but solely as to Section 16.28.100 (Enforcement of Landscaping Water Use Efficiency).
This chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural.
- B. The reporting requirements of this ordinance shall become effective December 1, 2015 and the remainder of this ordinance shall be effective no later than February 1, 2016.
- Reports shall be prepared by the Planning Department and submitted by the Development Services Director or his/her designee to the Department of Water Resources. Reporting requirements are contained in California Code of Regulations (CCR) 495 et seq.
C. Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D of California Code of Regulations (CCR) 490 et seq.
D. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 sq.ft. of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated gray water or through stored rainwater captured on site is subject only to Appendix D section (5).
E. This chapter does not apply to (except for prohibition against water waste according to Section 16.28.100A);
Registered local, state or federal historical sites.
Ecological restoration projects that do not require a permanent irrigation system;
Mined-land reclamation projects that do not require a permanent irrigation system; or
Plant collections, as part of botanical gardens and arboretums open to the public.
- (Ord. 539 § 4, 2018; Ord. 443 § 3, 2010; Ord. 182 § 2 (part), 1997)
16.28.030 Definitions. ¶
For purposes only of this chapter, the terms used in this chapter have the meaning set forth below: Applied Water. The portion of water supplied by the irrigation system to the landscape.
Automatic Irrigation Controller. A timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.
Backflow Prevention Device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
Certificate of Substantial Completion. The document required under Section 16.28.050C 3.
Certified Irrigation Designer. A person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program or the Irrigation Association's Certified Irrigation Designer program Certified Landscape Irrigation Auditor. A person certified to perform landscape irrigation by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection
Agency's WaterSense irrigation auditor certification program or the Irrigation Association's Certified Landscape Irrigation Auditor program.
Check Valve or Anti-Drain Valve. A valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
Compost. The safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.
Conversion Factor (0.62). The number that converts acre-inches per acre per year to gallons per square foot per year. Distribution Uniformity. The measure of the uniformity of irrigation water over a defined area.
Drip Irrigation. Any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
Established Landscape. The point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.
ET Adjustment Factor or ETAF. A factor of.55 for residential areas and .45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. Evapotranspiration. The process by which a quantity of water evaporates from adjacent soil and other surfaces and is transpired by plants during a specified time.
nfluences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8. Evapotranspiration. The process by which a quantity of water evaporates from adjacent soil and other surfaces and is transpired by plants during a specified time.
Flow Sensor. An inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic combination flow sensor/controller may also function as a landscape water meter or submeter.
Fuel Modification Plan Guideline. Guidelines from the City of Murrieta Fire and Rescue to assist residents and businesses that are developing land or building structures in a fire hazard severity zone. Hardscapes. Any durable material (pervious and non-pervious).
Hydrozone. A portion of the landscaped area having plants with similar water needs and rooting depth that are served by one irrigation valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated. Invasive Species. Non-indigenous species (e.g., plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically and includes those species listed within the Western Riverside County Multi-Species Habitat Conservation Plan as such plan may be amended from time to time and any invasive species identified as such by the city. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.
Irrigation Audit. An in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S Environmental Protection Agency "Watersense" labeled auditing program.
Licensed landscape architect. A person who holds a license to practice landscape architecture in the State of California pursuant to the California Business and Professions Code section 5615.
Landscape Area or LA. All the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious
hardscapes, and other nonirrigated areas designated for non-development (e.g., open spaces and existing native vegetation). Landscape Area includes Special Landscape Areas as defined below.
Landscape Contractor. A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
Local Water Purveyor. Any entity, including a public agency, city, county, or private water company that provides retail water service.
Low Volume Irrigation. The application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
Maximum Applied Water Allowance or MAWA. The upper limit of annual applied water for the established landscaped area calculated using the following formula:
MAWA = (ETo)(0.62)[(ETAF x LA) + ((1-ETAF) x SLA)]
MAWA = Maximum Applied Water Allowance (gallons per year)
ETo = Reference Evapotranspiration (inches per year) (55.0 for Murrieta)
0.62 = Conversion Factor (to gallons)
ET Adjustment Factor (ETAF) = .55 for residential areas and .45 for non-residential areas. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.
LA = Landscape Area including SLA (square feet)
SLA = Special Landscape Area (square feet)
Mulch. Any material placed on the soil to conserve soil moisture, moderate soil temperature, prevent soil erosion and/or prevent weed growth, including such materials as bark, wood chips, rock, gravel, decomposed granite, or other suitable material.
Non-Residential Landscape. Landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest development with designated recreational areas.
Overspray. The irrigation water which is delivered beyond the target area.
Pervious. Any surface or material that allows the passage of water through the material and into the underlying soil. Plant Factor. Or "plant water use factor" is a value that, when multiplied by ETO, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors used pursuant to the requirements of this chapter shall be derived from the publication " Water Use Classification of Landscape Species" as the same may be amended from time to time. Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). Recreational Area. Areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf courses, tees, fairways, roughs, surrounds and greens.
ultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). Recreational Area. Areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf courses, tees, fairways, roughs, surrounds and greens.
Recycled Water. Any kind of treated, reclaimed, or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
Reference Evapotranspiration or ETo. A standard measurement of environmental parameters which affect the water use of plants and is 55.0 inches per year for purposes of this chapter.
Rehabilitated Landscape. Any re-landscaping project that requires a permit, plan check, or design review, meets the applicability requirements of Section 16.28.020 and the modified landscape area is equal to or greater than two
thousand five hundred (2,500) square feet.
Residential Landscapes. Landscaping surrounding single or multi-family homes.
Runoff. Water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
Special landscape Area or SLA. An area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.
Synthetic Turf. An artificial product manufactured from synthetic materials that effectively simulate the appearance of natural turf, grass, sod, or lawn. The use of indoor or outdoor plastic or nylon carpet as a replacement of synthetic turf or natural turf shall be prohibited.
Water Feature. A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
WUCOLS. The Water Use Classification of Landscape Species published by the University of California Cooperative Extension, and the Department of Water Resources as amended from time to time.
(Ord. 539 § 5, 2018; Ord. 443 § 3, 2010; Ord. 182 § 2 (part), 1997)
16.28.040 General Provisions. ¶
A. All landscape plan approvals are subject to and dependent upon the applicant complying with all applicable city ordinances, codes, regulations, and adopted policies.
B. If the water purveyor for a proposed project has adopted more restrictive water efficient landscaping requirements, all landscaping and irrigation plans submitted shall comply with the water purveyor's requirements. Said plans shall be accompanied by a written document from the water purveyor delineating the more restrictive requirements.
C. Landscape design shall facilitate the implementation of landscape maintenance practices which foster long-term water conservation and plant viability. These practices may include, but not be limited to, scheduling irrigation based on established industry standards, conducting irrigation audits and establishing a water budget to limit the amount of water applied per landscape acre.
D. Landscaping for fuel modification zones shall be subject to standards required by the city's Fire Department, and they shall include plant materials, plant spacing, and irrigation as directed by the Fire Department, in consultation with the Development Services Department, and/or Community Services Department.
E. Landscaping adjacent to the Western Riverside County Multi-Species Habitat Conservation Plan ("MSHCP") conservation areas shall avoid invasive species as listed in the MSHCP.
F. To the extent feasible, existing mature trees that represent the existing significant landscaping elements shall be preserved as identified in Chapter 16.42 (Tree Preservation).
G. In the event covenants, conditions, and restrictions are required by the city for any permit subject to this chapter, a condition shall be incorporated into any project approval prohibiting the use of water-intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this chapter in connection with common area/open space landscaping. Additionally, such a condition shall also require the covenants, conditions, and restrictions to incorporate provisions concerning landscape irrigation system management and maintenance. Covenants, conditions, and restrictions shall not prohibit use of low-water use plants. Covenants, conditions, and restrictions shall not prohibit the replacement of natural turf with less water-intensive plant species.
(Ord. 539 § 6, 2018; Ord. 443 § 3, 2010; Ord. 182 § 2 (part), 1997)
16.28.050 Procedures. ¶
The following required landscape and irrigation plans shall be submitted and reviewed in accordance with the applicable Development Code review procedures for the permit, map or other land use entitlement requested.
A. Landscape Concept Plan. A landscape concept plan shall be submitted as part of an application for a land use entitlement. The land use entitlement application shall not be deemed complete without a complete Landscape Concept Plan.
The Landscape Concept Plan shall provide a design layout that demonstrates the desired landscaping program for the project in terms of location, size/scale, function, theme, and similar attributes, as identified in the application submittal requirements.
The Landscape Concept Plan shall provide the review authority with a clear understanding of the landscaping program prior to the preparation of detailed construction landscape and irrigation plans.
B. Landscape Documentation Package. After discretionary land use entitlement approval and prior to the issuance of a building permit for a project, a landscape documentation package (as further described in Section 16.28.060) shall be prepared for the project and submitted for review and approval by the director.
A licensed landscape architect shall sign all documents and plans required as part of the landscape documentation package verifying compliance with this Chapter. Any plans submitted without the signature of a licensed landscape architect shall not be accepted for review. Homeowner provided landscape projects may be designed by any person authorized to design a landscape in accordance with State law.
C. Certificate of Completion and Security. Prior to the issuance of a certificate of use and occupancy or final inspection, the applicant shall:
Complete installation of landscaping and irrigation components.
Conduct and submit an irrigation audit as further described in Section 16.28.090B, which shall be conducted by a certified landscape irrigation auditor prior to the final field observation. See State of California Landscape Irrigation Auditor Handbook.
Prepare and submit to the city a Certificate of Completion for review which shall be signed and certified by a either a licensed landscape architect following a field observation conducted by a landscape architect or landscape contractor, certified irrigation designer, or other licensed or certified professional who has installed the landscape project per the Landscape Documentation Packet. Such certification shall indicate:
a. All plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans approved as part of the Landscape Documentation Packet;
b. The automatic irrigation controller has been set according to the irrigation schedule;
c. The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and
d. That a copy of the irrigation and maintenance schedule has been given to the property owner and placed in the irrigation controller enclosure after lamination.
e. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.
- f. Irrigation audit report (See 16.28.090(B))
g. Soil analysis report, if not submitted with the Landscape Documentation Package, and documentation verifying implementation of soil report recommendations.
h. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.
Deliver a copy of the certification of substantial completion to the retail water supplier, and the property owner of record.
All landscape projects, except for developer and homeowner-installed single family residential landscaping, and other landscapes as determined by the Director, shall post performance securities to guarantee the adequate maintenance of the landscaping and irrigation system in accordance with the approved plans for a period of one (1) year from the date of occupancy subject to the following requirements:
a. The security amount and agreement shall be posted with the Planning Department.
b. The performance securities shall be released one (1) year after final clearance of the installed landscaping by the city, upon written request by the owner, if the landscaping has been adequately maintained. The Director shall determine the condition of the landscape and whether the bond will be released. A deposit to cover re-inspection of the landscape, at the current city rate shall be posted prior to re-inspection for maintenance bond release.
D. The Director shall have the right to enter upon the project site at any time before, during and after installation of the landscaping to conduct inspections for the purpose of enforcing this chapter.
(Ord. 539 § 7, 2018; Ord. 443 § 3, 2010; Ord. 182 § 2 (part), 1997)
16.28.060 Landscape Documentation Package. ¶
A landscape documentation package shall be prepared following approval of the land use entitlement application by the review authority and shall be comprised of the following elements, each as further described below: a Water Efficient Worksheet, a Landscape Design Plan, an Irrigation Design Plan, a Grading Design Plan, and a Soil Management Report.
A. Water Efficient Landscape Worksheet.
A water efficient landscape worksheet contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non- residential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.
A project's water budget calculations shall adhere to the following requirements:
a. The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.
b. All surface area of water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.
c. All special landscape areas shall be identified and their water use calculated as described below.
d. ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.
B. Landscape Design Plan. Projects subject to these regulations shall comply with the following plant and irrigation requirements:
1. Plant and Materials Requirements. Consistent with the landscape standards established in Section 16.28.080,
plant and material selections shall comply with the following;
a. The applicant shall choose and group plant species with similar water demands to facilitate efficient irrigation. Estimated total water use in the landscape area shall not exceed the maximum applied water allowance.
b. Methods to achieve water efficiency shall include one or more of the following:
- Selection of water-conserving plant, tree and natural turf species, especially local native plants;
- Selection of plants based on local climate suitability, disease and pest resistance;
- Protection and preservation of native species and natural vegetation;
- Selection of trees based on applicable tree ordinance or tree shading guidelines, and size at maturity as appropriate for the planting area;
- Selection of plants from local and regional landscape program lists; and
- Selection of plants from local Fuel Modification Plan Guidelines.
c. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use as identified in section 16.060(C)(17)(c)(4) and (5).
d. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include on or more of the following:
Use the Sunset Western Climate Zone System, or approved equal, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (i.e., buildings, sidewalks, power lines), allow for adequate soil volume for healthy root growth; and
- Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
e. High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.
f. Turf is not allowed on slopes greater that 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length.
g. Natural turf areas shall be used in response to functional needs and in compliance with the approved project water budget.
h. Plant selection for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code sections 4291 (a) and (b). Fire-prone plant materials and highly flammable mulches shall be avoided. Refer to the local Fuel Modification Plan guidelines. i. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to environmentally sensitive areas.
j. Water quality management plan best management practices that affect the landscaping shall be identified on the detailed construction landscape plans (i.e., swales, permeable paving, sub-grade tanks).
2. Water Features.
a. Decorative water features shall use recirculating water systems.
b. Where available, recycled water shall be used as the source for irrigation and decorative water features.
3. Soil Preparation.
a. Prior to planting of any materials, compacted soils shall be transformed to a friable condition to maximize water retention and infiltration. On engineered slopes, only amended planting holes need meet this condition.
b. Soil amendments such as compost shall be provided to improve water holding capacity of soil where soil conditions warrant. No sewage sludge shall be allowed. All fertilizers and soil amendments shall consist of organic materials.
c. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.
d. All exposed surfaces of non-turf areas within the developed landscape area shall be mulched with a minimum four- (4) inch layer of material except in areas with groundcover planted from flats. In this instance, the mulch depth
shall be a minimum of three (3) inches of approved material. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
- e. Stabilizing mulching products shall be used on slopes that meet current engineering standards.
f. For landscape installation, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with a greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.
- g. Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic
mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.
4. Minimum Design Plan Detail. The landscape design plan shall be prepared by a licensed landscape architect (homeowner provided landscaping projects may also use any other person authorized to design a landscape in accordance with State law) using water budget calculations described in Section 16.28.060A 2, and, at a minimum, shall:
a. Delineate and label each hydrozone by number, letter, or other method; identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;
b. Identify recreational areas;
c. Identify areas permanently and solely dedicated to edible plants;
d. Identify areas irrigated with recycled water;
e. Identify type of mulch and application depth;
f. Identify soil amendments, type, and quantity;
g. Identify type and surface area of water features;
h. Identify hardscapes (pervious and non-pervious);
i. Identify location of any applicable stormwater best management practices that encourage on-site retention and
infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples included, but are not limited to:
- Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.
- Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.
- Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.
- Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.
- Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.
- Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil.
- Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.
- Vegetation utilized in and around detention basins in projects within Compatibility Zones B through E of
French Valley Airport Influence Area (AIA) shall not include landscaping that would provide food or cover for bird species that would be incompatible with airport operations. Additionally, landscaping in projects that are located within Compatibility Zones B and C, shall provide sufficient separation between trees to avoid the creation of a continuous canopy, and landscaping in and around a detention basins shall not include vegetation that produces seeds, fruits, or berries.
j . Identify any applicable rain harvesting or catchment technologies as discussed in Section 16.060(B)(4)(i);
k. Identify any applicable graywater discharge piping, system components and areas(s) of distribution; and
l. Contain the following certification from the landscape architect: "I have complied with the criteria established in Chapter 16.28 of the Murrieta Municipal Code and applied them for the efficient use of water in the landscape design plan.
C. Irrigation Design Plan. The irrigation design plan shall be prepared and signed by a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system in accordance with state law and shall include system design and hydrozones that are consistent with planting plan requirements that outline a project's equivalent water demand and irrigation efficiency.
1 Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.75 for overhead spray devices and 0.81 for drip system devices.
- All irrigation systems shall be designed to prevent runoff, over-spray, low-head drainage and other similar conditions where water flows off-site on to adjacent property, non-irrigated areas, walk, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.
ows off-site on to adjacent property, non-irrigated areas, walk, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.
Landscaped areas shall be required to provide automatic irrigation controllers, utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions for irrigation scheduling in all irrigation systems unless the use of the property would otherwise prohibit use of a timer. The planting areas shall be grouped in relation to moisture-control zones based on similarity of water requirements (i.e., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology may be required, where necessary, at the discretion of the Community Development Director, or designee. 4. Water systems for common open space areas shall use non-potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a nonpotable water system shall be provided within the landscape plan. Water systems designed to utilize non-potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board, the Riverside County Health Department, and the water purveyor.
Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. All installations shall rely on highly efficient state-of-the-art irrigation systems to eliminate runoff, and maximize irrigation efficiency.
Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation.
The capacity of the irrigation system shall not exceed:
a. The capacity required for peak water demand based on water budget calculations;
b. Meter capacity; and
c. Backflow preventer type and device capacity.
Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer.
In mulched planting areas, the use of low-volume irrigation is required to maximize water infiltration into the root zone.
Non-turf areas shall be irrigated with drip irrigation.
Landscape areas including turf less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.
Overhead irrigation shall not be permitted within twenty-four (24) inches of any nonpermeable surface, unless:
a. The landscape area is adjacent to permeable surfacing and no runoff to the public right-ofway or storm drain system occurs; or
b. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping area.
c. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology.
d. The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation design plan in Section 16.28.060(C)(2). Prevention overspray and overspray and runoff must be confirmed during the irrigation audit.
Overhead irrigation shall be limited to the hours of 8:00 p.m. to 9:00 a.m.
All irrigation systems shall be equipped with the following:
a. An automatic irrigation controller;
b. A rain sensing device to prevent irrigation during rainy weather;
c. Anti-drain valves or check valves installed at strategic points to minimize or prevent lowhead drainage;
d. A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair;
e. A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system;
f. Backflow prevention devices;
g. Flow sensors that detect high flow conditions created by system damage or malfunction are required for all non-residential landscapes and residential landscape of 5,000 sq. ft. or larger;
h. Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features; and
i. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers/International Code Council (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard". All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
Landscape water meters, defined as either a dedicated water service meter or private submeter shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq.ft. and residential irrigated landscapes of 5,000 sq. ft. or greater.
Slopes greater than 25% shall not be irrigated with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.
Irrigation design plans shall identify and site the following:
a. Hydrozones;
b. Each hydrozone shall be designated by number, letter, or other designation;
c. A hydrozone information table shall be prepared for each hydrozone;
- Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.
Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
Where feasible, trees shall be place on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.
Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use may be allowed if the plant factor calculation is based on the proportions of the respective plant water uses and their plant factor or if the plant factor of the higher water using plant is used for calculations.
- Individual hydrozones that mix high and low water use plants shall not be permitted.
- On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone table included in the Landscape Documentation Packet. This table can also assist with the irrigation audit and programming the controller.
d. The areas irrigated by each valve;
e. Irrigation point of connection (POC) to the water system;
f. Static water pressure at POC;
g. Location and size of water meter(s), service laterals, and backflow preventers;
h. Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low volume irrigation equipment;
i. Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low volume irrigation circuit;
j. Precipitation rate (inches per hour) for each overhead spray circuit;
k. Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius, and precipitation rate;
l. Irrigation system details for assembly and installation;
m. Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape; and
n. Irrigation design plans shall contain the following statement, "I agree to comply with the criteria contained in Chapter 16.28 of the Murrieta Municipal Code and to apply them for the efficient use of water in this irrigation design plan.
For each valve, two (2) irrigation schedules shall be prepared, one for the initial establishment period of six (6) months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year.
The irrigation design plan (Section 16.28.060C) and the landscape design plan (Section 16.28.060B) shall be drawn to the same size and scale.
D. Grading Design Plan. The grading design plan shall be drawn on base sheets, be fully dimensioned, and include information specified below.
Indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and finish grade.
Include rough/precise grade elevations prepared in accordance with Chapter 15.52 (Grading, Erosion and Sediment Control) of the Murrieta Municipal Code for the project by a licensed civil engineer.
E. Soil Management Report. A soil management report shall be prepared based upon soils analysis and shall include recommendations for soil preparation for the project approved plant material, in accordance with the following:
Soils sampling and analysis shall be conducted by a certified soils analysis laboratory and in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
The soils analysis shall include:
a. Soil texture;
b. Infiltration rate determined by laboratory test or soil texture infiltration rate table;
c. pH;
d. Total soluble salts;
e. Sodium;
f. Nutrients-macro;
g. Nutrients-micro;
h. Percent organic matter; and
i. Soil preparation recommendations.
- In projects with multiple landscape installation (i.e. production home developments) a soil sampling rate of 1 in
- 7 lots or approximately 15% will satisfy this requirement. Large landscape project shall sample at a rate equivalent to 1 in 7 lots.
The soil management report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
The applicant shall submit documentation verifying implementation of soil management report recommendations to the local agency with certificate of substantial completion.
F. Recycled Water.
The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.
All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.
Landscapes using recycled water are considered Special Landscape Areas. The ET adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.
G. Graywater systems. Promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code and any applicable local ordinances standards.
- (Ord. 539 § 8, 2018; Ord. 443 §3, 2010; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.28.070 Landscape Area Requirements. ¶
- A. General Requirements. Landscaping shall be provided as follows:
1. Setbacks. All setback and open space areas required by this development code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway, or where a required setback is screened from public view and it is determined by the director that landscaping is not necessary to fulfill the purposes of this chapter.
2. Unused Areas. All areas of a project site shall be landscaped unless it is determined by the director. The director shall determine the level or intensity of landscaping to be provided for vacant areas based on an approved phasing plan. Landscaping within vacant pad sites shall not be counted towards meeting the landscape area requirements of this section.
3. Parking Areas. Parking areas shall be landscaped in compliance with Chapter 16.34 (OffStreet Parking and
Loading Standards). Parking lot landscaping, including perimeter screening, may be counted in order to meet the
landscape area requirements of this section.
B. Zoning District Landscaping Requirements. Each land use shall provide and maintain landscaped areas in compliance with Table 16.28-1 for the applicable zoning district. The landscape area requirements identified in the following table (Table 16.28-1) may include setback areas and other unused areas of the site that are not intended for future use. Parking lot landscaping may be counted towards meeting the requirements of this section.
** Each land use shall provide and maintain landscaped areas in compliance with Table 16.28-1 for the applicable zoning district. The landscape area requirements identified in the following table (Table 16.28-1) may include setback areas and other unused areas of the site that are not intended for future use. Parking lot landscaping may be counted towards meeting the requirements of this section.
| **B. Zoning District Landscaping Requirements.**Each land use shall provide and maintain landscaped areas in compliance with Table 16.28-1 for the applicable zoning district. The landscape area requirements identified in the following table (Table 16.28-1) may include setback areas and other unused areas of the site that are not intended for future use. Parking lot landscaping may be counted towards meeting the requirements of this section. |
**B. Zoning District Landscaping Requirements.**Each land use shall provide and maintain landscaped areas in compliance with Table 16.28-1 for the applicable zoning district. The landscape area requirements identified in the following table (Table 16.28-1) may include setback areas and other unused areas of the site that are not intended for future use. Parking lot landscaping may be counted towards meeting the requirements of this section. |
|---|---|
| Table 16.28-1 MINIMUM LANDSCAPED AREA BY ZONING DISTRICT |
|
| Zoning District | Minimum % of Site Area Required to be Landscaped |
| Multi-Family 1, Residential (MF1) Multi-Family 2, Residential (MF2) Multi-Family 3, Residential (MF3) |
Ten (10) percent |
| Neighborhood Commercial (NC) Business Park (BP) |
Fifteen (15) percent |
| Office (O) Office Research Park (ORP) Innovation (INN) Community Commercial (CC) Regional Commercial (RC) |
Twenty (20) percent |
| Rural Residential (RR) Estate Residential ER-1) Estate Residential (ER-2) Estate Residential (ER-3) Single-Family 1, Residential (SR-1) Single-Family 2, Residential (SR-2) |
Twenty-five (25) percent of front yard area |
| General Industrial (GI) General Industrial - A (GI-A) |
Five (5) percent |
C. New Single-family Residences. New single-family developments and custom homes shall provide landscaping with an automatic irrigation system for the area of the site between the street curb and the front of the structure from side property line to side property line. The landscape design should include a combination of trees, shrubs, groundcover, mulch, and hardscape, and shall emphasize water-conserving plant materials and irrigation to the greatest extent feasible.
Front yard landscaping shall be provided in all residential zoning districts. The minimum landscaped area should be located within the front yard setback, whenever possible, as identified in Table 3-4.
A minimum of one (1) street tree (24 inch-box) forty (40) feet on center (two (2) feet on private side of property) and two (2) shade trees (1 5-gallon) on the property shall be provided. Corner lots shall provide a minimum of three shade trees (15-gallon minimum).
Front yard landscaping shall also include a variety of drought-tolerant shrubs, ground cover, and planting at a minimum of ten (10) 5-gallon size shrubs and twelve (12) I-gallon size shrubs. The quantity of shrubs and groundcover may be adjusted due to irregular lot size (i.e. cul-de-sac lots, flag lots), subject to the director's determination.
For purposes of this section, landscape area shall consist of a variety of plantings and hardscape that should be selected and provided appropriately for their intended use and as an integral part of the overall project design.
Synthetic turf may be incorporated as an element of a landscaping plan as a substitute for natural turf and for the purposes of water conservation. The Community Development Director shall review and approval all requests to install synthetic turf subject to the following criteria:
a. Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of one and one-half (1 1/2) inches. The use of indoor or outdoor plastic or nylon carpeting as a substitute for synthetic turf or natural turf is prohibited.
b. Synthetic turf shall be permitted only in combination with other live plant materials (i.e. trees, shrubs, and groundcovers) that are designed to achieve an overall natural landscaped appearance for the property.
c. In no case shall synthetic turf be used in combination with natural turf in the same landscape areas, or in a landscaping scheme where both elements can be viewed together.
d. Property drainage shall be provided for all synthetic turf installations to prevent excess runoff or pooling of water. In some cases, a drainage plan prepared by a Registered Civil Engineer may be required.
e. Synthetic turf shall be installed in a professional manner and routinely maintained to effectively simulate the appearance of a well-maintained lawn.
f. Synthetic turf shall not be included as part of the landscape area when calculating the MAWA.
` 6. Residential model home requirements. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter.
a. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme.
b. Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.
D. Hardscaping.
Hardscaped materials may be allowed as a portion of the minimum required landscaping in Table 3-4. The requirements in Table 3-4 may be reduced by up to twenty-five (25) percent for projects of fifteen (15) acres or larger that include enhanced hardscape materials, and shall include public art, sculpture and/or water features. The hardscape shall be stone or masonry, and shall provide a distinctively different visual appearance from the normal paved and concrete surfaces of the project. The hardscape materials shall be used in areas of pedestrian circulation, seating areas, pedestrian corridors crossing driveways, at project entries and in similar locations within a project site. The use of permeable materials that provide a varied visual appearance is highly encouraged.
This condition shall apply to all commercial and industrial projects over fifteen (15) acres. For the purposes of this section, "public art" shall mean the creation of an original work including but not limited to earthworks, mosaics, murals and sculptures. For the purposes of this section, "water feature" shall include but is not limited to fountains or pools designed as an architectural feature.
The minimum standard of performance shall be that the public art and water feature components shall have a value of not less than one (1) percent of the building permit valuation. Prior to issuance of the building permit, the proposed public art and/or water feature shall be approved by the Planning Commission.
(Ord. 559-20 § 6, 2020; Ord. 539 § 9, 2018; Ord. 492 Exhibit 9, 2014; Ord. 443 § 3, 2010; Ord. 367 § 8, 2006; Ord. 182 § 2 (part), 1997)
16.28.080 Landscape Standards. ¶
Landscape areas and materials shall be designed, installed, and maintained in compliance with the following: A. General Design Standards. The following features shall be incorporated into the design of the proposed landscape and shown on required landscape plans:
Landscaping shall be planned as an integral part of the overall project design and not simply located in excess space after parking areas and structures have been planned;
Pedestrian access to sidewalks and structures shall be considered in the design of all landscaped areas;
Landscape planting shall be provided for all adjacent public rights-of-way, in compliance with Chapter 16.108 (Improvements);
With the exception of single-family residential units, landscape adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of minimum six (6) inch high concrete curbs or other types of barriers as approved by the director;
Landscaped areas shall not be less than five (5) feet in width, except where determined by the director;
Concrete strips, a minimum of four (4) inches in width, shall be provided to separate all turf areas from other landscaped areas, except for single-family residential landscape projects;
Permeable surfaces shall be used wherever permissible in place of impervious paving, to encourage on-site water infiltration and support water conservation measures. Permeable surfaces shall be identified on plans; and
Protective tree grates shall be provided for trees planted in pedestrian areas, except for single-family residential landscape projects and as determined by the director.
- B. Plant Materials. Plant materials shall be selected and installed to comply with the following requirements:
- A mix of plant materials shall be provided in compliance with the following table (Table 3-5). Calculations documenting the required mix shall be shown on the landscape plan;
| **B. Plant Materials.**Plant materials shall be selected and installed to comply with the following requirements: 1. A mix of plant materials shall be provided in compliance with the following table (Table 3-5). Calculations documenting the required mix shall be shown on the landscape plan; |
**B. Plant Materials.**Plant materials shall be selected and installed to comply with the following requirements: 1. A mix of plant materials shall be provided in compliance with the following table (Table 3-5). Calculations documenting the required mix shall be shown on the landscape plan; |
|---|---|
| Table 3-5 MINIMUM REQUIRED MIX OF PLANT MATERIALS |
|
| Plant Material | Minimum Required Percentage |
| Table 3-5 MINIMUM REQUIRED MIX OF PLANT MATERIALS |
|
| Plant Material | Minimum Required Percentage |
| Trees | |
| Twenty-four (24) inch box | 35%* |
| Fifteen- (15)-gallon | 65% |
| Shrubs | |
| Five- (5-) gallon | |
| One- (1-) gallon (herbaceous only) with city approval | |
| Groundcover | |
| Coverage within two (2) years | 100% |
| A greater percentage of specimen trees may be utilized with a corresponding reduction in the number of fifteen- (15-) gallon trees subject to the review of the director. |
|
Trees for shade shall be provided for buildings/structures, as well as for parking lots and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation;
Trees shall be planted in areas of public view adjacent to and along structures, at an equivalent of at least one (1) tree per thirty (30) linear feet of structure. Other areas shall provide trees at a ratio of one (1) tree for each three hundred (300) square feet of landscaped area. The clustering of trees is encouraged;
Mature specimen trees in thirty-six (36) inch and forty-eight (48) inch boxes shall be provided for large projects in sufficient quantity subject to the approval of the director, to provide variety and emphasis at main focal areas;
All trees shall be staked or guyed (on a case-by-case basis) subject to the review of the director and in compliance with city standards;
Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and traffic safety sight areas;
Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners, particularly the right to solar access;
Trees planted near public sidewalks or curbs shall be of a species and installed in a manner that prevents physical damage to sidewalks, curbs, gutters and other public improvements; and
Groundcover shall be of live plant material. Limited quantities of gravel, colored rock, bark, and similar materials may be used in combination with a living groundcover.
(Ord. 539 § 10, 2018; Ord. 443 §3, 2010; Ord. 182 § 2 (part), 1997)
16.28.090 Maintenance of Landscaping and Irrigation Audits. ¶
A. Maintenance. Landscapes shall be maintained to ensure water use efficiency. A landscape maintenance schedule consistent with Section 16.28.060(C)(17)(m) shall be prepared and submitted with the Certificate of Completion and provided to the property owner and director. The maintenance schedule shall identify plant types (i.e., turf, shrubs, groundcover, trees, etc.), mulch and/or inorganic groundcover, and shall indicate the frequency of pruning and fertilizer applications by plant type and the replenishment of mulch.
Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, monitoring for pests and disease, the removal and timely replacement of dead plants, and the repair and timely replacement of irrigation systems and integrated architectural features.
Repair of irrigation equipment shall be done with originally specified material or their equivalent or with components with greater efficiency.
B. Irrigation Audits. New or rehabilitated landscape areas, subject to the provisions of this chapter, shall be subject to an irrigation audit. The irrigation audit shall include inspection of plant materials and irrigation systems in accordance with the State of California Landscape Water Management Program, as described in the Landscape Irrigation Auditors Handbook (latest edition).
In large projects or projects with multiple landscape installation (i.e. production home developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement.
Irrigation audits will be coordinated with the water purveyor and shall be conducted by a certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. (Ord. 539 § 11, 2018; Ord. 443 §3, 2010; Ord. 182 § 2 (part), 1997)
16.28.100 Enforcement of Landscaping Water Use Efficiency. ¶
A. Prohibition Against Wasteful and Inefficient Use of Water. It is hereby declared that the willful and knowing waste of water from inefficient landscape irrigation shall be a public nuisance. It shall be unlawful for any firm, corporation, person, or persons to knowingly allow water waste resulting from inefficient landscape irrigation runoff leaving the target landscape due to low head drainage, overspray, or other similar conditions in which water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures.
Restrictions regarding overspray and runoff may be modified if:
The landscape area is adjacent to permeable surfacing and no runoff occurs; or
The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.
B. Enforcement. The city will rely on water purveyors to enforce landscape water use efficiency requirements for
existing landscaping. The city shall coordinate with local water purveyors and identify programs that enhance and encourage landscape water use efficiency, which shall apply to existing and new landscaping, such as:
Tiered water rate structure;
Allocation-based conservation water pricing structure;
A rate structure at least as effective as the above options;
Irrigation audits and/or irrigation surveys; or
Penalties for water waste.
Nothing in this section shall preclude city's authority to enforce violation of provisions of Chapter 16.28 as provided in Chapter 16.84 (Enforcement Provisions) of the development code.
(Ord. 539 § 12, 2018; Ord. 443 §3, 2010; Ord. 182 § 2 (part), 1997)
16.30 Noise ¶
16.30.010 Purpose. ¶
The purpose of this chapter is to establish standards to protect the health, safety, and welfare of those living and working in the city and to implement policies of the general plan noise element. (Ord. 182 § 2 (part), 1997)
16.30.020 Declaration of Policy. ¶
Excessive noise levels are detrimental to the health and safety of individuals. Noise is considered a public nuisance and the city discourages unnecessary, excessive or annoying noises from all sources. Creating, maintaining, causing or allowing to be created. caused or maintained any noise or vibration in a manner prohibited by the provisions of this chapter is a public nuisance and shall be punishable as a misdemeanor.
(Ord. 182 § 2 (part), 1997)
16.30.030 Definitions. ¶
The following words. terms and phrases. when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning:
A-Weighted Sound Level. The sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
Ambient Noise Histogram. The composite of all noise from sources near and far, excluding the alleged intrusive noise source. In this context, the ambient noise histogram shall constitute the normal or existing level of environmental noise at a given location.
Cumulative Period. An additive period of time composed of individual time segments which may be continuous or interrupted.
Decibel. A unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base of ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.
Emergency Machinery, Vehicle or Alarm. Any machinery, vehicle or alarm used, employed, performed or operated in an effort to protect, provide or restore safe conditions in the community, or work by private or public utilities when restoring utility service.
Emergency Work. Work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
Fixed Noise Source. A stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.
Impulsive Noise. A sound of short duration, usually less than one second and of high intensity, with an abrupt onset and rapid decay.
Intrusive Noise. The alleged offensive noise that intrudes over and above the existing ambient noise at the receptor property.
Mobile Noise Source. A noise source other than a fixed noise source.
Noise Disturbance. An alleged intrusive noise that violates an applicable noise standard of this chapter. Noise
Histogram. A graphical representation of the distribution of frequency of occurrence of all noise levels near and far
measured over a given period of time.
Noise Level (LN). The noise level expressed in decibels that exceeds the specified (L,) value a percentage of total time measured. For example, an L25 noise level means that noise level that is exceeded twenty-five (25) percent of the time measured.
Noise-Sensitive Area. An area designated for the purpose of ensuring exceptional quiet (e.g.. around hospitals, nursing homes, libraries, and similar uses).
Noise Zone. A defined area of a generally consistent land use.
Pure Tone Noise. A sound that can be judged as audible as a single pitch or a set of single pitches by the code enforcement officer. For the purposes of this chapter, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound-pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of five hundred (500) Hertz and above, and by eight dB for center frequencies between one hundred sixty (160) and four hundred (400) Hertz, and by fifteen (15) dB for center frequencies less than or equal to one hundred twenty-five (125) Hertz.
Sound Level Meter. An instrument, including a microphone, an amplifier, an output meter and frequency weighting network, for the measurement of sound levels, that satisfies the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters.
Vibration. The minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration including, but not limited to, sensation by touch or visual observations of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of one to one hundred (100) Hertz.
Weekday. Any day. Monday through Friday, that is not a legal holiday. (Ord. 182 § 2 (part), 1997)
16.30.040 Enforcement of Regulations. ¶
The code enforcement officer shall have primary responsibility for the enforcement of the noise regulations contained in this chapter. The code enforcement officer shall make all noise-level measurements required for the enforcement of this chapter.
(Ord. 182 § 2 (part), 1997)
16.30.050 Initial Violations. ¶
In the event of an initial violation of the provisions of this chapter, a written notice of violation shall be given the alleged violator. specifying the time by which the condition shall be corrected or an application for a permit or variance shall be filed. No further action shall be taken if the cause of the violation has been removed, the condition abated, or fully corrected within the time period specified in the written notice. (Ord. 182 § 2 (part), 1997)
16.30.060 Activities Exempt from Regulations. ¶
The following activities shall be exempt from the provisions of this chapter:
A. Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
B. Warning Device. Warning devices necessary for the protection of public safety, (e.g., police, tire and ambulance sirens, and train horns).
C. Outdoor Activities. Activities conducted on public playgrounds and public or private school grounds.
including, but not limited to, school athletic and school entertainment events.
D. Motion Picture Production and Related Activities. Activities in connection to production of motion pictures.
E. Railroad Activities. All locomotives and rail cars operated by any railroad which is regulated by the state Public
Utilities Commission.
F. Federal or State Pre-Exempted Activities. Any activity, to the extent regulation thereof has been pre-empted
by state or federal law,
G. Public Health and Safety Activities. All transportation, flood control, and utility company maintenance and construction operations at any time on public right-of-way, and those situations that may occur on private real property deemed necessary to serve the best interest of the public and to protect the public's health and well being, including, but not limited to, street sweeping, debris and limb removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, house moving, vacuuming catchbasins, removal of damaged poles and vehicles, repair of water hydrants and mains, gas lines, oil lines, sewers, etc.
H. Motor, Vehicles on Public Right-of-Way and Private Property. Except as provided in this chapter, all vehicles operating in a legal manner in compliance with local, state, and federal vehicle noise regulations within the public right-of-way or on private property.
1. Minor Maintenance to Residential Real Property. Noise sources associated with the minor maintenance of residential real property, provided the activities take place between the hours of seven a.m. and eight p.m. on any day except Sunday, or between the hours of nine a.m. and eight p.m. on Sunday.
(Ord. 182 § 2 (part), 1997)
16.30.070 Decibel Measurement. ¶
Decibel measurements made in compliance with the provisions of this chapter shall be based on a reference soundpressure of twenty (20) micropascals, as measured with a sound level meter using the A-weighted network (scale) at slow response, or at the fast response when measuring impulsive sound levels and vibrations. (Ord. 182 § 2 (part). 1997)
16.30.080 Noise Zones Designated. ¶
Receptor properties described in this chapter are hereby assigned to the following noise zones:
A. Noise zone I, noise-sensitive area:
B. Noise zone II, residential properties;
C. Noise zone Ill, commercial properties: and
D. Noise zone IV, industrial properties.
(Ord. 182 § 2 (part), 1997)
16.30.090 Exterior Noise Standards. ¶
A. Standards for Noise Zones. Unless otherwise provided in this chapter, the following exterior noise levels shall apply to all receptor properties within a designated noise zone:
TABLE 3-6
EXTERIOR NOISE STANDARDS
| Noise Zone | Designated Noise Zone Land Use (Receptor Property) |
Time Interval | Allowed Exterior Noise Level (dB) |
|---|---|---|---|
| I | Noise-sensitive area | Anytime | 45 |
| II | Residential properties Residential properties within five hundred (500) feet of a kennel(s) |
10:00 p.m. to 7:00 a.m. (nighttime) 7:00 a.m. to 10:00 p.m. (daytime) 7:00 a.m. to 10:00 p.m. |
45 50 70 |
| III | Commercial properties | 10:00 p.m. to 7:00 a.m. (nighttime) 7:00 a.m. to 10:00p.m.(daytime) |
55 60 |
| IV | Industrialproperties | Anytime | 70 |
B. Noise Standards. No person shall operate or cause to be operated. any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by a person that causes the noise level, when measured on any other property to exceed the following exterior noise standards:
1. Standard No. 1 . Standard No. 1 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than thirty (30) minutes in any hour. Standard No. 1 may be the applicable noise level from Table 3-6 above.
2. Standard No. 2. Standard No. 2 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than fifteen (15) minutes in any hour. Standard No. 2 shall be the applicable noise level from Table 3-6 above, plus five dB.
3. Standard No. 3. Standard No. 3 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than five minutes in any hour. Standard No. 3 shall be the applicable noise level from Table 3-6 above plus ten dB.
4. Standard No. 4. Standard No. 4 shall be the exterior noise level which shall not be exceeded for a cumulative period of more than one minute in any hour. Standard No. 4 shall be the applicable noise level from Table 3-6 above plus fifteen (15) dB.
5. Standard No. 5. Standard No. 5 shall be the exterior noise level which shall not be exceeded for any period of time. Standard No. 5 shall be the applicable noise level from Table 3-6 above plus twenty (20) dB.
C. Noise at Zone Boundaries. If the measurement location is on a boundary property between two different zoning districts, the exterior noise level utilized in subsection B of this chapter to determine the exterior standard shall be the arithmetic mean of the exterior noise levels. as specified in Table 3-6, of the subject zones.
D. Measurement of Ambient Noise Histogram. The ambient noise histogram shall be measured at the same location along the property line utilized in subsection B. above, with the alleged intruding noise source inoperative. If the alleged intruding noise source cannot be turned off, the ambient noise histogram shall be estimated by performing a measurement in the same general area of the alleged intruding noise source but at a sufficient distance so that the noise from the alleged intruding noise source is at least ten dB below the ambient noise histogram.
E. Abatement Notice in Lieu of Citation. If the intrusive noise exceeds the exterior noise standards provided in subsections A and B above, at a specific receptor property and the code enforcement officer has reason to believe that this violation was unanticipated and due to abnormal conditions, the code enforcement officer shall issue an abatement notice in lieu of a citation. lithe specific violation is abated, no citation shall be is-sued. If the specific violation is not abated, the code enforcement officer shall issue a citation.
(Ord. 182 § 2 (part), 1997)
16.30.100 Interior Noise Standards for Multi-Family Residential.
A. Noise Standards for Residential Units. No person shall operate or cause to be operated within a residential unit. any source of sound, or allow the creation of any noise, that causes the noise level when measured inside a neighboring receiving residential unit to exceed the following standards:
1. Standard No. 1. The applicable interior noise level for cumulative period of more than five minutes in any hour;
2. Standard No. 2 . The applicable interior noise level plus five dB for a cumulative period of more than one
minute in any hour; or
3. Standard No. 3. The applicable interior noise level plus ten dB for any period of time.
B. Interior Noise Levels for Multi-Family Residential. The following interior noise levels shall apply within multi-family dwellings with windows in their normal seasonal configuration.
| Noise Zone | Designated Land Use | Time Interval | Allowable Interior Noise Level(dBl |
|---|---|---|---|
| All | Multi-family Residential |
10:00 p.m.—7:00 a.m. 7:00 a.m.—10:00 p.m. |
40 45 |
If the measured ambient noise level reflected by the L50 exceeds that permissible within the interior noise standards in subsection A above. the allowable interior noise level shall be increased in five dB increments to reflect the ambient noise level (L5„ ).
(Ord. 182 § 2 (part), 1997)
16.30.110 Correction for Certain Types of Sounds. ¶
For any source of sound that emits a pure tone or impulsive noise, the allowed noise levels provided in Sections 1 6.30.090 (Exterior Noise Standards) and 16.30.100 (Interior Noise Standards for Multi-family Residential) shall be reduced by five decibels.
(Ord. 182 § 2 (part). 1997)
16.30.120 Measurement Methods. ¶
A. A-weighting Scale. The noise level shall be measured at a position(s) at any point on the receiver's property utilizing the A-weighting scale of the sound-level meter and the slow meter response (use fast response for impulsive type sounds). Calibration of the measurement equipment, utilizing an acoustic calibrator, shall be performed immediately prior to recording any noise data.
B. Microphone Location. The microphone shall be located four to five feet above the ground and ten feet or more from the nearest reflective surface except in those cases where another elevation is deemed appropriate.
C. Interior Noise. Interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration.
(Ord. 182 § 2 (part), 1997)
16.30.130 Acts Deemed Violations of Chapter. ¶
The following acts are a violation of this chapter.
A. Construction Noise.
Operating or causing the operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of eight p.m. and seven a.m., or at any time on Saturdays, Sundays, or holidays so that the sound creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities.
Construction activities shall be conducted in a manner that the maximum noise levels at the affected structures will not exceed those listed in the following schedule:
a. Residential Structures:
- 1) Mobile Equipment. Maximum noise levels for nonscheduled, intermittent, short-term operation (less than ten days) of mobile equipment:
| ten days) of mobile equipment: | |||
|---|---|---|---|
| Single-family Residential |
Multi-family Residential |
Commercial | |
| Daily, except Sundays and legal holidays, 7:00 a.m. to 8:00 p.m. |
75 dBA | 80 dBA | 85 dBA |
| Daily, 8:00 p.m. to 7:00 a.m. and all day Sunday and legal holidays |
60 dBA | 64 dBA | 70 dBA |
2) Stationary Equipment. Maximum noise level for repetitively scheduled and relatively long-term
operation periods (three days or more) of stationary equipment:
| Single-family Residential |
Multi-family Residential |
Commercial | |
|---|---|---|---|
| Daily, except Sundays and legal holidays, 7:00 a.m. to 8:00 p.m. |
60 dBA | 65 dBA | 70 dBA |
| Daily, 8:00 p.m. to 7:00 a.m. and all day Sunday and legal holidays |
50 dBA | 55 dBA | 60 dBA |
b. Business Structures. Maximum noise levels for nonscheduled, intermittent, short-term operation of mobile equipment: daily. including Sundays and legal holidays, all hours: maximum of eighty-five (85) dBA.
- All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air-intake silencers in proper working order.
B. Loading and Unloading Operations. Loading, unloading, opening, closing or other handling of boxes. crates, containers, building materials, garbage cans or similar objects between the hours of ten p.m. and six am. in a manner to cause a noise disturbance is prohibited.
C. Noise Disturbances in Noise-Sensitive Zones. Creating or causing the creation of a noise disturbance within a noise-sensitive zone is prohibited, provided that conspicuous signs are displayed indicating the presence of the zone. Noise-sensitive zones shall be indicated by the display of conspicuous signs in at least three separate locations within five hundred (500) feet of the institution or facility (e.g., health care facility)
D. Places of Public Entertainment. Operating, playing, or permitting the operation or playing of a radio, television. phonograph, drum, musical instrument, sound amplifier or similar device that produces, reproduces, or amplifies sound in a place of public entertainment at a sound level greater than ninety-five (95) dBA, (read by the
slow response on a sound level meter) at any point that is normally occupied by a customer is prohibited, unless conspicuous signs are located near each public entrance stating, "Warning: Sound Levels Within May Cause Hearing Impairment."
E. Emergency Signaling Devices.
The intentional sounding or permitting the sounding outdoors of an emergency signaling device, including fire, burglar or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing is prohibited.
Testing of a stationary emergency signaling device shall not occur before seven a.m. or after seven p.m. Testing shall use only the minimum cycle test time. Test time shall not exceed sixty (60) seconds. Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Testing shall not occur before seven a.m. or after ten p.m.
Sounding or permitting the sounding of an exterior burglar or fire alarm, or motor vehicle burglar alarm is prohibited, unless the alarm is terminated within fifteen (15) minutes of activation.
F. Stationary Nonemergency Signaling Devices. Sounding or permitting the sounding of an electronically amplified signal from a stationary bell, chime, siren. whistle, or similar device intended primarily for nonemergency purposes, from any place, for more than ten consecutive seconds in any hourly period is prohibited.
G. Refuse Collection Vehicles.
Operating or permitting the operation of the compacting mechanism of any motor vehicle that compacts refuse and that creates, during the compacting cycle, a sound level in excess of eighty-six (86) dBA when measured at fifty (50) feet from any point of the vehicle is prohibited.
Collecting refuse, or operating or permitting the operation of the compacting mechanism of any motor vehicle that compacts refuse between the hours often p.m. and six a.m. the following day in a residential area or noisesensitive zone is prohibited.
H. Sweepers and Associated Equipment. Operating or permitting the operation of sweepers or associated sweeping equipment (i.e., blowers) between the hours often p.m. and six a.m. the following day in, or adjacent to, a residential area or noise-sensitive area is prohibited.
I. Residential Air Conditioning[.] or Refrigeration Equipment. Operating or permitting the operation of air conditioning or refrigeration equipment in a manner that exceeds the following sound levels is prohibited:
| Measurement Location | Maximum Noise level |
|---|---|
| Any point on neighboring property line, five feet above grade level, no closer than three feet from any wall. |
55 |
| Center of neighboring patio, five feet abovegrade level, no closer than three feet from anywall. | 50 |
| Outside the neighboring living area window nearest the equipment location, not more than three feet from the window opening, but at least three feet from anyother surface. |
50 |
J. Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in a manner as to cause a noise disturbance across property lines or within a noise-sensitive zone is prohibited.
K. Vibration. Operating or permitting the operation of any device that creates vibration that is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property, or at one hundred fifty (150) feet from the source if on a public space or public right-of-way is prohibited. The perception threshold shall be a motion velocity of 0.01 in/sec over the range of 1 to 100 Hertz.
- (Ord. 610-24 § 6, 2024; Ord. 544 § 3, 2019; Ord. 182 §2 (part), 1997)
16.30.140 Modification of Standards. ¶
Modifications to the requirements of this chapter may be granted by the director for a period of up to two years, subject to any terms, conditions, or requirements to minimize adverse effects on the surrounding neighborhood reasonable. Modifications may be granted only if one of the following findings can be made:
A. Additional time is necessary for the applicant to alter or modify the activity, operation, or noise source to comply with this chapter: or
B. The activity, operation, or noise source cannot feasibly be done in a manner that would comply with the provisions of this chapter. and no other reasonable alternative is available to the applicant.
16.32 Nonconforming Uses, Structures, and Parcels ¶
16.32.010 Purpose. ¶
This chapter establishes uniform provisions for the regulation of legal nonconforming land uses, structures, and parcels. Within the zoning districts established by this development code, there exist land uses, structures, and parcels that were lawful before the adoption, or amendment of this development code, but that would be prohibited, regulated, or restricted differently under the terms of this development code or future amendments. It is the intent of this development code to discourage the long-term continuance of nonconformities, but to permit them to exist under the limited conditions outlined in this chapter. This chapter is intended to be administered in a manner that encourages the eventual abatement of nonconformities.
(Ord. 182 § 2 (part), 1997)
16.32.020 Definitions. ¶
Nonconformities are defined as follows:
Nonconforming Parcels. A parcel of record that was legally created before the adoption of this development code and which does not comply with the access, area or width requirements of this development code for the zoning district in which it is located.
Nonconforming Structure. A structure that was legally constructed before the adoption of this development code and which does not conform to current Code provisions/standards (e.g., open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.
Nonconforming Use. A use of a structure (either conforming or nonconforming) or land that was legally established and maintained before the adoption of this development code and which does not conform to the current provisions governing allowable land uses for the zoning district in which the use is located. Nonconformity Upon Annexation. A use, structure, or parcel that legally existed in the unincorporated territory and after annexation does not comply with the provisions of this development code.
(Ord. 182 § 2 (part), 1997)
16.32.030 Restrictions on Nonconforming Uses and Structures. ¶
Nonconformities may be continued subject to the following provisions:
A. Nonconforming Uses of Land. A nonconforming use of land may be continued, transferred, or sold, provided that the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use (exception: see subsections (C)(1) and (E), below).
- B. Nonconforming Structures. A nonconforming structure may continue to be used as follows:
1. Building Envelope Exemptions. Structures shall not be deemed nonconformities due solely to
nonconformance with building envelope regulations (i.e., height or setback requirements);
2. Changes to a Structure. The addition, enlargement, extension, reconstruction, relocation, or structural alteration of a nonconforming structure, may be allowed by the director only if the director finds that the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming:
a. Incompatible with other structures in the neighborhood;
b. Inconsistent with the general plan or any applicable specific plan;
c. A restriction to the eventual/future compliance with the applicable regulations of this development code;
d. Detrimental to the health, safety and general welfare of persons residing in the neighborhood; and
e. Detrimental and/or injurious to property and improvements in the neighborhood.
3. Conversion of an Existing Residential Structure. The use of a preexisting residential structure for commercial or industrial purposes may be allowed with conditional use permit (16.52) approval, if the conversion, additions and improvements conform to the applicable provisions of this development code. The commission may approve a conditional use permit only if the following findings can be made, in addition to those contained in Section 16.52.040 (Findings and Decision).
4. Nonconforming Due to Parking. A nonconforming structure, rendered nonconforming due to lack of compliance with current standards for off-street parking, may undergo changes in compliance with Section 16.32.030(B)(2) (Changes to a Structure), above, subject to the following provisions:
a. Residential Uses. Additional parking spaces or driveway paving shall not be required provided the change does not result in an increase in the number of dwelling units nor the elimination of required/existing parking or access; or
b. Nonresidential Uses. Additional parking spaces or driveway paving may be required in compliance with 16.34 (Off-Street Parking and Loading Standards) and further provided the change does not result in the elimination of existing parking or access.
5. Maintenance and Repair. A nonconforming structure may undergo normal and necessary maintenance and repairs, provided no structural alterations are made, and the work does not exceed twenty-five (25) percent of the current appraised value of the structure as shown in the County Assessor's records in a one year period. The director may allow more extensive work only if the following findings can be made:
a. That the additional maintenance and repairs will not, in this case, adversely impact adjoining properties;
b. That the additional maintenance and repairs will not extend the expected life of the structure; and
c. That the additional maintenance and repairs will not be contrary to the public health, safety and general welfare.
6. Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed without cost limitations, provided the retrofitting/Code compliance is limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements, including. State law (e.g., Title 24, California Code of Regulations, etc); and
7. Other Modifications Allowed. The addition, enlargement, extension, reconstruction, or structural alteration of a nonconforming structure may be allowed provided the modification(s) is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through closer conformity to surrounding structures with minor conditional use permit approval in compliance with 16.52.
C. Nonconforming Use of a Conforming Structure. The nonconforming use of a structure that otherwise conforms with applicable provisions of this development code may be continued, transferred, and sold, as follows, provided that no structural alterations, except those required by law, are made:
1. Expansion of Use. The nonconforming use of a portion of a conforming structure may be extended throughout
other portions of the structure. However, an expansion shall not:
a. Be granted more than one time; nor
b. Exceed a maximum of ten percent of the total floor area of the structure before the expansion.
2. Relocation of Use. A nonconforming use located in a conforming structure may be relocated within the same
structure or to an adjacent conforming structure(s) on the same parcel.
D. Prior Building Permits. A use or structure which does not conform to the regulations for the zoning district in which it is located, but for which a building permit, minor variance, variance, minor conditional use permit or conditional use permit, was issued and exercised before the applicability of this development code, may be completed, provided that the work is pursued continuously and without delay. These uses or structures, or parts thereof, shall be deemed to be nonconforming and shall thereafter be subject to the provisions of this chapter. For the purposes of this section, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Time Extensions) shall govern the determination of whether the permit or entitlement has been legally exercised in a timely manner.
E. Accessory Structures for Non-Conforming Residential Uses. Legal, non-conforming residential uses may construct new or replace accessory structures subject to compliance with the development and design standards contained in section 16.44.150 Residential Accessory Uses and structure Subsection (A).
(Ord. 492-14 Exhibit 10, 2014; Ord. 430-10 § 3, 2010; Ord. 215 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)
16.32.040 Single- and Multi-Family Dwelling Unit Exemptions. ¶
Nonconforming single- and multi-family residential dwelling units damaged or destroyed due to a catastrophic event may be reconstructed or replaced with a new structure(s) using the same development standards applied to the damaged or destroyed structure(s) (e.g., building envelope and footprint standards). The new construction shall comply with the current building and fire code requirements.
(Ord. 182 § 2 (part), 1997)
16.32.050 Loss of Nonconforming Status. ¶
A. Termination by Discontinuance.
If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of at least one hundred eighty (180) days or more, rights to a legal nonconforming status shall terminate, regardless of the owner's intention to abandon.
The determination of abandonment shall be supported by evidence, satisfactory to the director (e.g., the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation).
Without further action by the city, further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this development code.
B. Termination by Destruction. If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed or demolished, the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use shall cease; provided however, that the structure may be re-paired or rebuilt and reoccupied only as follows:
If the cost of repairing or replacing the damaged portion of the structure does not exceed fifty (50) per-cent of the current appraised value of the structure, as shown in the county assessor's records, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and
If the cost of repairing or replacing the damaged portion of the structure exceeds fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, a minor conditional use permit (16.52) shall be required to authorize the restoration of the structure and continue the use. The minor conditional use permit shall include a finding, in addition to those contained in Section 16.52.040 (Findings and Decision), that the benefit to the public health, safety or welfare exceeds a detriment inherent in the restoration.
(Ord. 182 § 2 (part), 1997)
16.32.060 Nonconforming Parcels. ¶
A nonconforming parcel of record that does not comply with the access, area, or width requirements of this development code for the zoning district in which it is located, shall be considered a legal building site if it meets at least one of the criteria specified below. This section does not apply to parcels created by an approved undeveloped subdivision which do not meet the density, area and/or width requirements of the underlying zone, unless otherwise vested prior to the zone change or general plan amendment which rendered the subdivision map non-conforming. New development on nonconforming parcels shall conform to the current development standards established by this development code and other applicable city regulations. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:
A. Recorded Lot. A validly existing recorded lot prior to any general plan amendment or zone change which
rendered such lot nonconforming.
B. Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record, and was legally
created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming; C. Variance or Lot Line Adjustment. The parcel was approved through the variance procedure, in compliance
with Chapter 16.72 or resulted from a lot line adjustment.
D. Partial Government Acquisition. The parcel was created in compliance with the provisions of this
development code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size is decreased not more than twenty (20) percent and the yard facing a public right-of-way was decreased not more than fifty (50) percent.
(Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)
16.32.070 Previous Conditional Use Permits in Effect. ¶
A use in existence by virtue of a conditional use permit issued in compliance with the regulations in effect at the time of application for a land use activity which, under the new regulations is not allowable by conditional use permit, may continue, but only in compliance with the provisions and terms of the original conditional use permit. If the conditional use permit specified a termination date, then the use shall terminate in compliance with the original permit. (Ord. 182 § 2 (part), 1997)
16.32.080 Unlawful Uses and Structures. ¶
Uses and structures which did not comply with the applicable provisions of this development code or prior planning and zoning regulations when established are violations of this development code and are subject to the pro-visions of Chapter 16.84 (Enforcement Provisions). No right to continue occupancy of property containing an illegal use or structure is granted by this chapter. The activity shall not be lawfully allowed to continue unless/until permits and entitlements required by this development code and the municipal code are first obtained. (Ord. 182 § 2 (part), 1997)
16.32.090 Nuisance Abatement. ¶
In the event that a legal nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the city, in compliance with Chapter 8.20 of the municipal code.
(Ord. 182 § 2 (part), 1997)
16.34 Off-Street Parking and Loading Standards ¶
16.34.010 Purpose. ¶
The purpose of this chapter is to provide off-street parking and loading standards to:
A. Provide for the general welfare and convenience of persons within the city by ensuring sufficient parking facilities to meet the needs generated by specific uses;
B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities;
C. Increase public safety by reducing congestion on public streets;
D. Ensure access and maneuverability for emergency vehicles; and
E. Provide loading and delivery facilities in proportion to the needs of allowed uses.
(Ord. 182 § 2 (part), 1997)
16.34.020 Applicability. ¶
Every use. including a change or expansion of a use or structure shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this chapter are satisfactorily completed. (Ord. 182 § 2 (part). 1997)
16.34.030 General Parking Regulations. ¶
A. Parking and Loading Spaces to be Permanent. Parking and loading spaces shall be permanently available, marked and maintained for parking or loading purposes for the use they are intended to serve. The director may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or intermittent use with the approval of a temporary use permit (16.70).
B. Parking and Loading to be Unrestricted. Owners, lessees, tenants or persons having control of the operation of a premises for which parking or loading spaces are required by this chapter shall not prevent, prohibit or restrict authorized persons from using these spaces without prior approval of the director.
C. Vehicles for Sale. Vehicles, trailers, or other personal property shall not be parked upon a public or private street, parking lot, or public or private property for the purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental, unless the property is appropriately zoned, the vendor is licensed to transact the applicable business at that location, and has obtained appropriate land use entitlements.
D. Nonconforming Status. Existing uses or structures shall not be deemed to be nonconforming solely because of the lack of off-street parking or loading spaces or parking lot improvements; provided that facilities being used for offstreet parking or loading as of the date of adoption of this chapter shall not be further reduced in number. Structures with parking or loading space deficiencies shall be allowed to be occupied by new uses allowed in the zoning district provided that:
The new use has the same or lesser parking or loading space requirement as the existing or previous use; or
The new use has a greater parking or loading requirement than the existing or previous use. and a sufficient number of additional parking or loading spaces have been provided to accommodate the increased amount of spaces required for the new use.
E. Electric Vehicle Parking. Electric vehicle parking spaces shall be implemented consistent with Section
16.44.115 (Electric Vehicle Parking Requirements) and California Vehicle Code Section 22511.2.
F. Clean-Air-Vanpool-Electric Vehicle Parking. Parking allocation and quantities for non-residential and residential locations shall be provided in accordance with the latest version of the California Green Building Code. (Ord. 556 § 9, 2020; Ord. 544 §§ 4, 5, 2019; Ord. 182 § 2 (part), 1997)
16.34.040 Number of Parking Spaces Required. ¶
A. Parking Requirements by Land Use. Each land use shall be provided the number of off-street parking spaces required by Table 3-7. Additional spaces may be required/approved through discretionary entitlement approval.
B. Expansion of Structure, Change in Use. When a structure is enlarged or increased in capacity or intensity, or when a change in use requires more off-street parking, additional parking spaces shall be provided in compliance with this chapter. Also see Section 16.34.030(D) (Nonconforming Status) above.
C. Single-family Uses. A single-family use that does not conform to the provisions of this chapter shall be brought into compliance at the time additions or alterations are made that cumulatively increase the existing floor area by more than twenty-five (25) percent, as measured over a five-year period preceding and including the proposed modification. D. Multi-tenant Sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use; except where the site was developed comprehensively as a shopping center, the parking ratio shall be that required for the shopping center as a whole as provided in Table 3-7.
E. Parking Required by Entitlements, Development Agreements and Specific Plans. Parking requirements established by conditional use permits. development agreements, specific plans or similar entitlements supersede the provisions of this chapter.
F. Uses Not Listed. Land uses not specifically listed by subsection A (Parking Requirements by Land Use), above, shall provide parking as required by the director. The director shall use the requirements of Table 3-7 as a guide in determining the minimum number of off-street parking spaces to be provided.
G. Rounding of Quantities. When calculating the number of parking spaces required, fractional spaces shall be rounded up to the nearest whole number.
H. Excessive Parking. The parking standards established in this chapter are both minimum and maximum standards. Off-street parking spaces in excess of these standards may be approved in conjunction with a discretionary entitlement, and when commensurate landscaping and pedestrian improvements are also provided.
I. Bench or Bleacher Seating. Where fixed seating is provided in the form of benches or bleachers, a seat shall be construed to be not less than eighteen (18) inches of continuous bench space for the purpose of calculating the number of required parking spaces.
J. Company-owned Vehicles. The number of parking spaces required by this chapter does not include spaces needed for the parking of company-owned vehicles. Parking spaces for company-owned vehicles shall be provided in addition to the requirements for a particular land use.
K. Electric Vehicle Parking. Electric vehicle parking spaces shall be implemented consistent with Section
16.44.115 (Electric Vehicle Parking Requirements) and California Vehicle Code Section 22511.2.
L. Clean-Air-Vanpool-Electric Vehicle Parking. Parking allocation and quantities for non-residential and residential locations shall be provided in accordance with the latest version of the California Green Building Code. TABLE 3-7
PARKING REQUIREMENTS BY LAND USE
| PARKING REQUIREMENTS BY LAND USE | |
|---|---|
| Agricultural Uses | Vehicle Spaces Required |
| Agricultural Uses | Vehicle Spaces Required |
| Produce stands (issued by temporary use permit) | Minimum of 3 on-site parking spaces. The parking area shall be set back from any public right-of-way in compliance with the underlying zone. This area shall be kept clear to provide unobstructed visibility for motorists. |
| --- | --- |
| Agriculture processing | 1 per 1,500 sq. ft. of use area. The parking area shall be set back from any public right-of-way in compliance with the underlying zone. This area shall be kept clear to provide unobstructed visibility for motorists. |
| Equestrian facilities | 1 per 3 corrals plus 1 horse trailer space for every 10 corrals plus 2 for a caretaker’s unit. The parking area shall be set back from any public right-of-way in compliance with the underlying zone. This area shall be kept clear to provide unobstructed visibility for motorists. |
| Assembly/Quasi-Public Uses | |
| Churches, other places of worship, and mortuaries | One space for each three fixed seats or one space for every 35 square feet (s.f.) of gross assembly area, meeting rooms, classroom, where there are no fixed seats. |
| Libraries, museums, art galleries | One space for every 500 s.f. of gross floor area, plus one space for each official vehicle. |
| Cinemas | Single screen: One space for each three seats, plus six spaces for employees. |
| Multi screen: One space for each four seats, plus ten spaces for employees. |
|
| Performance theaters, meeting halls, lodges and membership organization |
One space for every three fixed seats, or one space per 50 s.f. of gross assembly or viewing area, plus parking for ancillary uses (e.g. bar restaurant). |
| Day-care centers | One space per child/adult based on 15% of the maximum number of children/adults allowed on site as set forth by the licensing agency, plus one space for each employee. |
| Hospital and medical centers | One space for every three patient beds the facility is licensed to accommodate, plus one space for every 400 s.f. of office area, plus required spaces for ancillary uses as determined by the Director. |
| Indoor/Outdoor Recreation | |
| Bowling alley | Five spaces per lane, plus required spaces for ancillary uses. |
| Indoor recreation/fitness centers - arcades | One space for each 200 s.f. of gross floor area. |
| Pool and billiard rooms | Two spaces per table, plus required spaces for ancillary uses. |
| Skating rink - ice or roller | One space for each 400 s.f. of gross floor area for public use, plus required spaces for ancillary uses. |
| Tennis, racquetball, handball and other courts | Two spaces for each court, plus one space for each 300 s.f. of floor area for ancillary uses. |
| Golf courses - golf driving ranges | Ten spaces for each hold, plus clubhouse spaces as required for ancillary uses; two spaces for each driving range tee. |
| Health/fitness clubs | One space for each 300 s.f. of gross floor area. |
| Outdoor commercial recreation | Determined by conditional use permit. |
| Personal instruction | One space for every 200 s.f. of gross floor area |
| (See2under Private School/Training Uses) | |
| --- | --- |
| Research and development, laboratories | One space for every 250 s.f. of gross floor area, plus one space for each company vehicle. |
| Industrial Uses | Vehicle Spaces Required |
| General manufacturing, industrial and processing uses | Two spaces for every 1,000 s.f. of gross floor area for the first 25,000 s.f., and one space for every 1,000 s.f. thereafter. Gross floor area shall include incidental office space comprising less than 20% of the total gross floor area. The parking requirements for additional office space shall be calculated separately as provided by this table for “offices.” |
| Warehouses and storage facilities (single tenant - see below for multi-tenant) |
One space for every 1,000 s.f. of gross floor area for the first 20,000 s.f., and one space for every 2,000 s.f. thereafter. Gross floor area shall include incidental office space comprising less than 20% of the total gross floor area. The parking requirements for additional office space shall be calculated separately as provided by this table for “offices.” |
| Storage, personal storage facilities | Four spaces for the manager’s office, plus one additional space if an on-site residential unit is provided. |
| Wholesale and distribution operations not used exclusively for storage (single tenant only - see below for multi-tenant) |
One space for every 1,000 s.f. of gross floor area for the first 10,000 s.f., and one space for every 2,000 s.f. thereafter. Gross floor area shall include incidental office space comprising less than 20% of the total gross floor area. The parking requirements for additional office space shall be calculated separately as provided by this table for “offices.” |
| Recycling facilities | Determined by conditional use permit. |
| Multi-tenant buildings | New construction shall provide parking at the rate of one space for each 500 s.f. of gross floor area for one-half of the total building area, and one space for every 1,000 s.f. of gross floor area for remaining one-half of the building area. |
| Office and Medical Services | |
| Offices, administrative, corporate | One space for each 250 s.f. of gross floor area for the first 5,000 s.f. and one space for each 350 s.f. thereafter. |
| Clinics, medical/dental offices | One space for each 200 s.f. of gross floor area. |
| Medical/dental labs | One space for each 300 s.f. of gross floor area. |
| Veterinary clinics and hospitals | One space for each 250 s.f. of gross floor area, plus one space for each 800 s.f. of boarding area. |
| Private School/Training Uses | Vehicle Spaces Required |
| Elementary and junior high | Two spaces per classroom, plus one space for every 200 s.f. of assembly area in an auditorium or gym. |
| PARKING REQUIREMENTS BY LAND USE | |
|---|---|
| High school | Three spaces for each classroom, plus one space for every six students. |
| College or university | Determined by conditional use permit. |
| Schools - specialized education and training1 | One space for every 50 s.f. of gross classroom floor area.(Murrieta 12-21) 256-156 16.34.040 |
| Personal instruction2 | One space for every 200 s.f. of gross floor area. |
One space for every 400 s.f. of gross floor area. Studios, professional[3] (1) Schools—Specialized Education and Training. (One space per 50 sq. ft.) An institution with two or more classrooms and/or meeting rooms that is capable of serving 40 or more students in attendance at any time, and which offers specialized trade and commercial courses intended to achieve a degree, certificate or training in a trade, occupation or field of employment. This includes, but is not limited to, the following types of programs: academics, art, bartending, building trades, business, cabinetry, casino trades, computer technician, construction inspection, cooking, cosmetology, dance, drama, driver education, engine mechanics, heating and air conditioning, language, medical and dental, music, paralegal, secretarial, athletics, vocational and web design. Also includes seminaries and other facilities/institutions providing training for religious ministries, establishments furnishing educational courses by mail or the internet, and institutions that offer specialized programs in personal growth and development. Student capacity shall be based upon the current UBC maximum occupancy factor for classrooms (1 per 20 square feet), unless an alternative occupancy factor is approved by the Building Official and the Planning Director based upon such things as: (1) the number of fixed tables and/or desks; (2) the number of permanent computer work stations; or (3) the number of other permanent work-related fixtures such as cosmetology stations, mechanical equipment, engine blocks, cook tops, etc.
ssrooms (1 per 20 square feet), unless an alternative occupancy factor is approved by the Building Official and the Planning Director based upon such things as: (1) the number of fixed tables and/or desks; (2) the number of permanent computer work stations; or (3) the number of other permanent work-related fixtures such as cosmetology stations, mechanical equipment, engine blocks, cook tops, etc.
(2) Instruction, Personal. (One space per 200 sq. ft.) A use with two or less class or meeting rooms that serves fewer than 40 students in attendance at any time, where an individual or individuals provides instruction to an individual or group of individuals primarily for personal interest or self improvement in such activities as: academics, art, athletics, computers, dance, drama, fitness, martial arts, music and similar activities. Student capacity shall be based upon the current UBC maximum occupancy factor for exercise rooms (1 per 50 square feet), unless an alternative occupancy factor is approved by the Building Official and the Planning Director. (3) Studios, Professional. (One space per 400 sq. ft.) A facility designed and equipped to assist in the practice of a specialized activity and/or provide the means by which an individual or small group (less than 10) can create a product or improve one’s skill in a particular endeavor. Includes, but is not limited to, studios for: (1) the creation of works of art; (2) photography; (3) practicing, composing or recording of music; (4) acting; (5) writing; (6) dance; (7) design; and (8) the production of television, movies and other media.
or provide the means by which an individual or small group (less than 10) can create a product or improve one’s skill in a particular endeavor. Includes, but is not limited to, studios for: (1) the creation of works of art; (2) photography; (3) practicing, composing or recording of music; (4) acting; (5) writing; (6) dance; (7) design; and (8) the production of television, movies and other media.
| media. | |
|---|---|
| Residential Uses | |
| Single family housing | Two spaces in a fully enclosed garage. |
| Duplex housing units | Two spaces for each unit, with at least one space in a fully enclosed |
| garage. | |
| Multi-family dwellings and other attached dwellings | Studio and one bedroom units: 1.5 spaces for each unit, plus guest |
| parking. Two bedrooms or more: 2 spaces for each unit, plus 0.5 | |
| additional spaces for each bedroom over 2, plus guest parking equal | |
| to 25% of the total number of units. | |
| Mobile homes (in mobile home parks) | Two spaces for each mobile home (tandem parking allowed in an |
| attached carport), plus one guest parking space for each four units. | |
| Condominiums | Studio, one bedroom and two bedroom units: Two covered spaces for |
| each unit, plus guest parking. Three bedrooms or more: Two spaces | |
| for each unit plus 0.5 additional spaces for each bedroom over two; | |
| plus guest parking equal to 33% of the total number of units evenly | |
| spread throughout the entire project. | |
| Mixed-use developments (residential portion) | Determined by conditional use permit. |
| Accessory dwelling units | See Section 16.44.160 |
| Senior housing projects | One space for each unit with half the spaces covered, plus one guest |
| parking space for each ten units. | |
| Senior congregate care | 0.5 space for each residential unit, plus one space for each four units |
| for guests and employees. | |
| Short-term vacation rentals | Parking for the short-term vacation rental shall comply with the requirements as specified under Table 3-7, Table 5.27-01 for required on-site quantities, and Section 16.44.260 of this municipal code. Required parking shall be allocated on-site of the single-family residential dwelling, or within designated parking spaces for condominiums, as prescribed by Table 5.27-01. All garage, driveway, carport and tandem parking spaces associated with the single-family residential dwelling or condominium unit shall, at all times, be available for parking of transient occupant and guest vehicles, as those terms are defined in Title 5.27. Temporary parking passes issued by the city shall be provided to all transient occupants and for their guest(s). The observable parking passes shall be displayed in the vehicle’s front-windshield for the duration of the stay. |
| --- | --- |
| Density Bonus | On-site parking for a density bonus project shall be consistent with the requirements as described under Government Code Section 65915(p). See Section 16.20.040.B.4 for additional details. |
| Retail Uses | |
| General merchandise | One space for each 200 s.f. of gross sales area, plus one space for each 600 s.f. of storage area, plus one space for each company vehicle, plus one space for every 1,000 s.f. of outdoor display area. |
| Appliance, furniture and bulk goods | One space for each 500 s.f. of gross sales area and one space for each company vehicle, plus one space for every 1,000 s.f. of outdoor display area. |
| Automobile, mobile home, vehicle, machinery and parts | One space for every 400 s.f. of gross floor area, plus one space for every 3,000 s.f. of outdoor display area, plus one space for every 300 s.f. of gross floor area for a parts department, plus one space for each two employees. |
| Building materials, hardware stores and plant nurseries | One space for each 300 s.f. of indoor display area, plus one space for every 1,000 s.f. of outdoor display area. |
| Convenience stores | One space for each 200 s.f. of gross floor area. |
| Restaurants/delicatessens - take out only, no customer seating | One space for each 250 s.f. of gross floor area. |
| Restaurants, fast food | One space for each 100 s.f. of gross floor area, plus one space for every 100 s.f. of outdoor dining area. |
| Restaurants (except fast food), cafes, cafeterias, nightclubs, taverns, lounges, or similar establishments for the consumption of food and beverages on the premises |
One space for each 75 s.f. of gross floor area for patrons, plus one space for every 300 s.f. of service area, plus one space for every 100 s.f. of outdoor dining area. |
| Shopping centers (shall use un-segregated parking areas) | One space for each 250 s.f. of the gross floor area of all centers of more than 20,000 square feet; plus one space for every 1,000 s.f. of outdoor display area. Restaurant uses that exceed the percentage allowed under the definition of a shopping center shall provide parking at the appropriate restaurant requirement. |
| Service Uses | |
| Copy and reproduction centers | One space for each 400 s.f. of gross floor area. |
| Consumer products repair and maintenance | One space for each 250 s.f. of gross floor area. |
| Banks and financial services | One space for each 300 s.f. of gross floor area. |
| Barber/beauty shops (and other personal services - tattoo studio, nail salon, massage establishment, massage accessory |
One space for each 250 s.f. of gross floor area. |
| use) | |
| --- | --- |
| Dry cleaning pick-up facilities | One space for each 400 s.f. of activity area, plus one space for each 1,000 s.f. of storage area. |
| Laundries and dry cleaning plants | One space for each 1,000 s.f. of gross floor area. |
| Laundromats | One space for each 250 s.f. of gross floor area. |
| Kennels and animal boarding | One space for each 500 s.f. of gross floor area, plus one space for each 800 s.f. of boarding area, plus one space for each employee. |
| Pet grooming | One space for each 400 s.f. of gross floor area. |
| Equipment rental | One space for each 300 s.f. of gross floor area, plus one space for each 1,000 s.f. of outdoor use area. |
| Hotels and motels | One space for each guest room, plus one space for each two employees on the largest shift, plus required spaces for ancillary uses. |
| Bed and breakfast inn | One space for each guest room, plus the required parking for the residential use. |
| Vehicle Maintenance, Repair and Related Uses | Vehicle Spaces Required |
| media. | |
|---|---|
| Repair garage | Four spaces for each service bay, plus adequate queuing lanes. |
| Depots for bus, freight or rail | Determined by conditional use permit. |
| Service stations (including multi-use stations) | One space for each 250 s.f. of gross floor area, plus three spaces per service bay, plus parking required for ancillary uses (stores, restaurants, car washes). 50% of the parking provided at the pump island(s) may be credited towards meeting the parking requirements for ancillary uses. |
| Full service vehicle washing | Ten spaces, plus ten spaces for each wash lane for drying area, plus queuing area for five vehicles ahead of each lane. |
| Self-service vehicle washing | 2.5 spaces per each washing stall for queuing and drying. |
(Ord. 610-24 § 7, 2024; Ord. 598-23 § 6, 2023; Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 565-21, Exhibit B (part), 2021; Ord. 561-20, Exhibit B (part), 2020; Ord. 556 §§ 10, 11, 2020; Ord. 544 §§ 6, 7, 2019; Ord. 538, Exhibit A (part), 2018; Ord. 537, Exhibit A (part), 2018; Ord. 388 § 3, 2007; Ord. 372 §
16.34.050 Adjustments to Off-Street Parking Requirements. ¶
A. Shared Parking Reduction. Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods, (e.g. a theater and a bank), a reduction in the required number of parking spaces may be approved by the director, provided that the most remote space is located within three hundred (300) feet of the use it is intended to serve or as approved by director. The amount of reduction may be up to the amount of spaces required for the least intensive of the uses sharing the parking.
B. Large Family Day-care Homes. The number and location of the parking spaces is subject to the review and approval of the director.
C. Deviation from Parking Requirements. Each use shall provide at least the minimum number of off-street parking spaces required by this chapter, except where a greater number of spaces is required through land use entitlement approval or where an exception has been granted through approval of a discretionary permit.
D. Parking In-Lieu Fee. The onsite parking requirements established by the Downtown Murrieta Specific Plan may be satisfied by payment of a parking in-lieu fee as specified herein.
1. Applicability. This provision shall apply only to non-residential uses in the Mixed Use [MU] and
Civic/Institutional [C/I] zones of the Downtown Murrieta Specific Plan Area.
2. Project Eligibility.
a. Changes in use and/or building expansion for which a greater number of off-street parking spaces are required may pay a parking in-lieu fee in order to satisfy any portion up to one hundred percent (100%) of required onsite parking.
b. Development located within 600 feet of a planned public parking structure as determined by the Director may pay a parking in-lieu fee in order to satisfy any portion up to one hundred percent (100%) of required onsite parking. c. Development located within % mile of a planned public parking structure as determined by the Director may pay a parking in-lieu fee in order to satisfy any portion up to fifty percent (50%) of required onsite parking.
d. Development located greater than % mile of the planned public parking structure as determined by the Director may pay a parking in-lieu fee in order to satisfy any portion up to twenty-five percent (25%) of required onsite parking.
3. Fee Calculation. The parking in-lieu fee shall be calculated per space and paid in a lump sum, due prior to the
issuance of a certificate of occupancy, or as determined by the Director.
4. Fee Amount. The in-lieu fees payable under this provision shall be established by resolution of the City Council
and may be adjusted annually based on the Cost of Living Index.
5. Rights and Obligations. Payment of a parking in-lieu fee, in combination with any parking spaces provided onsite, shall constitute full satisfaction of the onsite parking requirements set forth in the Downtown Murrieta Specific Plan. No other guarantees, rights, or privileges are conveyed to the payer.
6. Transferability. Onsite parking satisfied by payment of in-lieu fee is not assignable or transferable to any other
property.
7. Use of Funds. Funds collected by the City pursuant to this provision shall be deposited into a dedicated
Downtown Parking Fund to be used by the City for the acquisition, development, and maintenance of public off-street parking, and in furtherance of general parking improvements, in the Downtown Murrieta Specific Plan Area. (Ord. 546 § 1, 2019; Ord. 544 § 8, 2019; Ord. 343 § 4 (part), 2005; Ord. 182 § 2 (part), 1997)
16.34.060 Disabled/Handicapped Parking Requirements. ¶
Parking areas shall include parking spaces accessible to the disabled in the following manner:
A. Number of Spaces, Design Standards. Parking spaces for the disabled shall be provided in compliance with Section 1129B of the Uniform Building Code (UBC), Section 16.44.115(B)(2) (Electric Vehicle Parking Requirements), and California Vehicle Code Section 22511.2;
B. Reservation of Spaces Required. Disabled access spaces required by this chapter shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use;
C. Upgrading of Markings Required. If amendments to state law change standards for the marking, striping, and signing of disabled parking spaces, disabled accessible spaces shall be upgraded in compliance with the new state standards. Upgrading shall be completed by affected property owners within sixty (60) days of being notified in writing by the department of new state standards; and
D. Fulfilling of Requirements. Disabled accessible parking spaces required by this chapter shall count toward fulfilling off-street parking requirements.
(Ord. 556 § 12, 2020; Ord. 182 § 2 (part), 1997)
16.34.070 Development Standards for Off-Street Parking. ¶
Off-street parking areas shall be provided in the following manner:
- A. Access. Access to off-street parking areas shall be provided in the following manner:
Parking areas shall provide suitable maneuvering room so that vehicles enter an abutting street in a for-ward direction. Parking lots shall be designed so as to prevent access at any point other than at designated access drives. The director or city engineer may approve exceptions for single-family homes and duplexes;
Parking spaces shall not be located within twenty (20) feet of an access driveway, measured from the property line, except for single-family homes and duplexes; and
A minimum unobstructed clearance height of fourteen (14) feet shall be maintained above areas accessible to vehicles.
FIGURE 3-11
SETBACK OF PARKING SPACES AT ACCESS DRIVES
B. Access to Adjacent Sites. Applicants for nonresidential developments are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as approved by the director or city engineer.
- C. Location. Off-street parking areas shall be located in the following manner:
Parking spaces shall be accessible by drives and aisles in compliance with Section 16.34.080.
Required parking shall be located on the same parcel as the uses served, except that parking may be located on a parcel adjacent to the parcel served subject to a recorded covenant running with the land re-corded by the owner of the parking lot guaranteeing that the required parking will be maintained exclusively for the use or activity served.
Car pool and bicycle spaces shall be located as close as is practical to the entrance(s) to the use they are intended to serve. Spaces shall be situated so that they do not obstruct the flow of pedestrians at en-trances or sidewalks.
D. Parking Space Dimensions.
1. Residential Uses. Minimum enclosed parking dimensions shall be ten feet in width by twenty (20) feet in length. Multi-family minimum unenclosed parking space dimensions shall be nine feet in width by eighteen (18) feet in length.
2. Nonresidential Uses. Minimum parking dimensions shall be as follows:
a. The minimum standard parking space dimensions shall be nine feet by eighteen (18) feet.
b. Parallel parking spaces shall be eight feet by twenty-two (22) feet.
c. The minimum width of parking spaces adjacent to walls, columns, or other vertical obstructions shall be the minimum parking space width plus one foot.
d. Every parking space shall maintain a vertical height clearance of seven feet.
| a. The minimum standard parking space dimensions shall be nine feet by eighteen (18) feet. b. Parallel parking spaces shall be eight feet by twenty-two (22) feet. c. The minimum width of parking spaces adjacent to walls, columns, or other vertical obstructions shall be the minimum parking space width plus one foot. d. Every parking space shall maintain a vertical height clearance of seven feet. |
a. The minimum standard parking space dimensions shall be nine feet by eighteen (18) feet. b. Parallel parking spaces shall be eight feet by twenty-two (22) feet. c. The minimum width of parking spaces adjacent to walls, columns, or other vertical obstructions shall be the minimum parking space width plus one foot. d. Every parking space shall maintain a vertical height clearance of seven feet. |
a. The minimum standard parking space dimensions shall be nine feet by eighteen (18) feet. b. Parallel parking spaces shall be eight feet by twenty-two (22) feet. c. The minimum width of parking spaces adjacent to walls, columns, or other vertical obstructions shall be the minimum parking space width plus one foot. d. Every parking space shall maintain a vertical height clearance of seven feet. |
a. The minimum standard parking space dimensions shall be nine feet by eighteen (18) feet. b. Parallel parking spaces shall be eight feet by twenty-two (22) feet. c. The minimum width of parking spaces adjacent to walls, columns, or other vertical obstructions shall be the minimum parking space width plus one foot. d. Every parking space shall maintain a vertical height clearance of seven feet. |
a. The minimum standard parking space dimensions shall be nine feet by eighteen (18) feet. b. Parallel parking spaces shall be eight feet by twenty-two (22) feet. c. The minimum width of parking spaces adjacent to walls, columns, or other vertical obstructions shall be the minimum parking space width plus one foot. d. Every parking space shall maintain a vertical height clearance of seven feet. |
|---|---|---|---|---|
| Standard Size Parking Space Dimensions | ||||
| Dimension Indicator | Description | Parking Angle | ||
| 45º | 60º | 90º | ||
| Standard Size Parking Space Dimensions | ||||
| Dimension Indicator | Description | Parking Angle | ||
| 45º | 60º | 90º | ||
| A1 | Overall module dimension - one way | 56.0' | 59.0' | 60.0' |
| A2 | Overall module dimension - two way | 60.0' | 63.0' | 60.0' |
| --- | --- | --- | --- | --- |
| B | Width of parking stall | 9.0' | 9.0' | 9.0' |
| C | Width of parking stall parallel to island or curb | 12.7' | 10.4' | 9.0' |
| D | Length of parking stall | 18.0' | 18.0' | 18.0' |
| E | Depth of parking stall to wall or curb | 20.0' | 20.5' | 18.0' |
| F1 | Drive aisle width - one way1 | 16.0' | 18.0' | 24.0' |
| F2 | Drive aisle width - two way1 | 20.0' | 22.0' | 24.0' |
| 1Drive aisles are subject to the requirements set forth in Section 16.34.080 and to fire | access requirements. | |||
E. Drainage.
Surface water from parking lots shall not drain over sidewalks or adjacent parcels.
Parking lots shall be designed in compliance with the storm water quality and quantity standards of the city's best management practices.
F. Directional Arrows and Signs.
In parking facilities, parking spaces, aisles, approach lanes and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles.
The director may require the installation of the traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.
The exit from a parking area which provides parking for forty (40) or more vehicles shall be clearly marked with a vehicle "STOP" sign in conformance with the state Highway Manual for uniform traffic control devices.
G. Grades of Entrances, Spaces and Driveways.
1. Entrance Driveways. Driveways shall not exceed a maximum grade of plus fifteen (15) percent or minus six percent measured along the driveway centerline. Where there is a change in the slope of the driveway, it shall be demonstrated that vehicles will be able to pass over the change in slope without interference with the vehicle's undercarriage.
2. Interior Driveways. Ramps or driveways within the interior of a parking area (beyond twenty (20) feet from ultimate right-of-way line) shall have a maximum grade of twenty (20) percent. If a ramp or driveway exceeds ten percent, the design shall include transitions (at each end of the ramp) not less than eight feet in length, having a slope equal to one-half the ramp or driveway slope.
3. Parking Spaces. Parking spaces and abutting access aisles shall have a maximum grade of seven per-cent,
measured in any direction.
H. Landscaping. Landscaping shall be provided in compliance with the following requirements.
1. Landscape Plan Required. A comprehensive landscape and irrigation plan shall be submitted for re-view and
approval by the review authority in compliance with Chapter 16.28 (Landscaping Standards).
2. Landscape Materials. Landscaping materials shall be provided throughout the parking lot area using a combination of trees, shrubs and ground cover. Drought-tolerant landscape materials shall be emphasized in compliance with Chapter 16.28 (Landscaping Standards).
3. Curbing, Irrigation. Areas containing plant materials shall be bordered by a concrete curb at least six inches high and six inches wide, and provided with an automatic irrigation system. Alternative barrier designs may be approved by the director. End stalls adjacent to parking spaces or other obstructions shall incorporate an additional curbing width of six inches.
4. Location of Landscaping. Parking lot landscaping shall be located so that pedestrians are not required to cross landscaped areas to reach building entrances from parked cars. This should be achieved through proper orientation of the landscaped fingers and islands.
5. Bumper Overhang Areas. To increase the parking lot landscaped area, a maximum of three feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of paving, allowing a three-foot bumper overhang while maintaining the required parking dimensions. The additional landscaped area is considered part of the parking space and shall not be counted towards satisfying parking lot landscaping requirements.
6. Perimeter Parking Lot Landscaping.
a. Adjacent to Streets. Parking areas adjoining a public street shall be designed to provide a landscaped planting strip between the street right-of-way and parking area of fifteen (15) feet. The landscaping shall be designed and maintained to screen cars from view from the street to a height of between thirty (30) inches and forty-two (42) inches. Screening materials may include a combination of plant materials, earth berms, solid masonry walls, raised planters, or other screening devices that meet the intent of this requirement. Trees shall be provided at a rate of one for every twenty (20) lineal feet of landscaped area. Plant materials, signs, or structures within a traffic safety sight area of a driveway shall not exceed thirty (30) inches in height.
b. Adjacent to Side or Rear Property Lines. Parking areas shall provide a perimeter landscaped strip at least five feet wide (inside dimension) where the facility adjoins a side or rear property line. The perimeter landscaped strip may be located within a required setback area. Trees shall be provided at the rate of one for each twenty (20) lineal feet of landscaped area.
c. Adjacent to Residential Use. Parking areas for nonresidential uses adjoining residential uses shall provide a landscaped buffer yard with a minimum fifteen (15) foot width between the parking area and the common property line bordering the residential use. A solid masonry wall and landscaping shall be provided along the property line. For each one hundred (100) lineal feet of landscaped area, a minimum of twelve (12) trees and ten shrubs shall be provided.
7. Interior Parking Lot Landscaping.
a. Amount of Landscaping. Multi-family, commercial, and office uses shall provide landscaping within the parking area at the following ratios:
TABLE 3-8
PARKING LOT LANDSCAPING
| Parking Spaces Required | % of Total Parking Area to be Landscaped |
|---|---|
| 5-24 spaces | 5.0% minimum |
| 25-49 spaces | 7.5% minimum |
| 50+ spaces | 10.0% minimum |
b. Area of Shading Required. Parking lot landscaping shall include shade trees from an approved list provided by the department. Trees shall be provided so that required shade canopies will be achieved within a minimum of fifteen (15) years. The percentage of parking area required to be shaded shall be as follows:
TABLE 3-9
PERCENT OF PARKING AREA TO BE SHADED
| Parking Spaces Required | Parking Spaces Required to be Shaded |
|---|---|
| 5-24 spaces | 30% minimum |
| 25-49 spaces | 40% minimum |
| 50+ spaces | 50% minimum |
All trees within the parking area shall be a minimum of fifteen- (15-) gallon size at planting. Larger trees may be required subject to the review by the director.
c. Planters Required. Trees shall be in planters located throughout the parking area. In order to be considered within the parking area, trees shall be located in planters that are bounded on at least three sides by parking area paving. Planters shall have a minimum interior dimension of five feet and be of sufficient size to accommodate tree growth. All ends of parking lanes shall have landscaped islands.
d. Larger Projects. Parking lots with more than one hundred (100) spaces shall provide a concentration of landscape elements at primary entrances, including specimen trees, flowering plants, enhanced paving, and project identification.
I. Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the on-site structure(s). All illumination, including security lighting, shall be directed downward, away from adjacent properties and public rightsof-way in compliance with Section 16.18.100 (Lighting).
J. Carports and Garages.
1. Carports, Minimum Size. Carports/covered parking, shall consist of a solid roof structure overhang, or combination of both, that completely covers a parking stall with a minimum vertical clearance of eight feet.
2. Carports, Visual Requirements.
a. Carports shall be screened from public view by structural components or masonry walls at least four feet in height subject to visual clearance requirements at driveways.
b. Carports adjacent to common property lines shall have solid walls as specified in the Uniform Building Code.
c. Carport support columns shall be set back a minimum of three feet from carport face to increase maneuverability
d. Carports (including any support structures) shall incorporate the same trim materials (example: decorative wrap), roofing materials, and color palette as the nearest building to the proposed carport structure.
e. At residential locations, carports may be incorporated into patio walls and used to define common and private open space as contained within the boundaries of the project site. Incorporating carports into exterior project walls adjacent to streets is prohibited.
3. Carports, Storage Space Required. (For Residential Uses) Lockable storage space of at least ninety (90) cubic feet shall be provided for each parking stall in a carport and shall be designed and maintained so as to not obstruct vehicle access to the required parking space.
4. Garages, Minimum Size. Garages shall be completely enclosed on four sides and have a solid roof. The minimum interior dimensions shall be twenty (20) feet in width by twenty (20) feet in length for a two-car garage.
K. Shopping Cart Storage. Parking facilities shall contain shopping cart storage areas for appropriate uses (e.g., supermarkets, drugstores, etc.). The number, dimensions and locations of storage areas shall be deter-mined by the director.
L. Striping and Identification.
1. Vehicular. Parking spaces shall be clearly outlined with four-inch wide lines painted on the surface of the parking facility. Compact and car pool spaces shall be clearly identified for compact vehicle and car pool usage
respectively.
2. Disabled. Parking spaces for the disabled shall be striped and marked according to the applicable state
standards.
M. Surfacing.
1. Vehicular. Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt,
concrete or other all-weather surfacing approved by the director or city engineer.
2. Motorcycle. Motorcycle parking areas shall be paved with concrete or equivalent all-weather surfacing
approved by the director or city engineer.
3. Bicycle. Bicycle parking areas shall be surfaced so as to keep the area in a dust-free condition, subject to the
approval of the director.
N. Wheel Stops/Curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area subject to the approval of the director. Wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space.
(Ord. 556 § 13, 2020; Ord. 544 § 9, 2019; Ord. 388 § 7, 2007; Ord. 343 § 4 (part), 2005; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.34.080 Driveways and Site Access. ¶
Driveways providing site access shall be from an improved street, alley, or other public and/or private right-of-way, and shall be designed, constructed, and maintained as follows.
A. Distance from Street Corners. Driveways to parking areas, except single family residential drives, shall be located a minimum of one hundred fifty (150) feet from the nearest intersection, as measured from the centerline of the nearest travel lane of the intersecting street to the edge of driveway or as approved by the city engineer. For parcels with frontages less than one hundred fifty (150) feet, the minimum distance shall be one hundred (100) feet unless a lesser distance is approved by the city engineer.
- B. Driveway Spacing. Driveways shall be separated along the street frontage as follows:
1. Single-family and Duplex Residential Development. Driveways shall be separated by at least six feet, unless a
shared, single driveway is approved by the director or city engineer. The six-foot separation does not include the transition or wing sections on each side of the driveway; and
2. Multi-family and Nonresidential Development. Where two or more driveways serve the same or adjacent multi-family or nonresidential development, the centerline of the driveways shall be separated by a minimum of one hundred and fifty (150) feet, or as approved by the city engineer.
C. Drive Aisles and Driveway Width and Length.
1. Single-family Uses.
a. When a garage is perpendicular ninety (90) degrees to the driveway, a minimum twenty-four- (24) foot deep unobstructed back-out area shall be provided.
2. Multi-family Uses.
a. Drive aisles and driveways for multi-family uses with six or less units shall have a minimum width of twelve (12) feet.
b. Drive aisles and driveways for multi-family uses with more than six units shall have a minimum paved width of twenty-four (24) feet.
3. Nonresidential Uses.
a. Two-way drive aisles within parking areas shall be a minimum of twenty-eight (28) feet in width for general circulation. Aisles that provide access primarily to parking stalls may be twenty-four (24) feet in width. One-way aisles shall be a minimum of sixteen (16) feet in width. The required driveway width shall be exclusive of the area provided for a median divider.
D. Clearance from Obstruction. The nearest edge of a driveway apron or curb return shall be at least five feet from the nearest property line, centerline of a fire hydrant, utility pole, traffic signal, light standards, or other similar facilities, or as approved by the city engineer. Driveways shall have an overhead clearance of ten feet in height except within a parking structure which may be reduced to seven feet, six inches.
E. Traffic Safety Sight Area. Structures or landscaping over thirty (30) inches in height shall not be allowed within a traffic safety sight area formed by the intersection of public rights-of-way, driveways, or alleys as determined by the city engineer.
(Ord. 544 § 10, 2019; Ord. 536-18 § 2 (part), 2018; Ord. 377 § 5, 2006; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.34.090 Bicycle Parking. ¶
Bicycle parking facilities shall be provided for nonresidential uses as follows.
A. Number of Spaces Required. Bicycle parking spaces shall be provided at a rate of five percent of the number of required vehicle parking spaces. The director may modify this requirement where it can be demonstrated that a lesser number of bicycle spaces can adequately serve the intended use.
B. Bicycle Parking Design and Devices. Bicycle parking areas shall be designed and provided as follows.
1. Parking Equipment. Each bicycle parking space shall include a stationary parking device to adequately support the bicycle.
2. Parking Layout.
a. Aisles. Access to bicycle parking spaces shall be at least five feet in width.
b. Spaces. Each bicycle space shall be a minimum of two feet in width and six feet in length and have a minimum of seven feet of overhead clearance.
c. Relationship to Structure Entrances. Bicycle spaces shall be conveniently located and generally within proximity to the main entrance of a structure and shall not conflict with pedestrian access.
d. Relationship to Motor Vehicle Parking. Bicycle spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, curb, or by at least five feet of open area, marked to prohibit motor vehicle parking. (Ord. 182 § 2 (part), 1997)
16.34.100 Off-Street Loading Space Requirements. ¶
A. Number of Loading Spaces Required. Nonresidential uses with less than five thousand (5,000) square feet of gross floor area shall provide one off-street loading space, which may be combined with an off-street parking space. Nonresidential uses with five thousand (5,000) square feet of floor area or more shall provide off-street loading space(s) in compliance with Table 3-10. Requirements for uses not specifically listed shall be determined by the director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.
TABLE 3-10
REQUIRED LOADING SPACES
Total Gross Floor Area
Loading Spaces Required
Type of Land Use
| Manufacturing, research and development, institutional, and service uses |
5,000 to 20,000 sq. ft. | One |
|---|---|---|
| 20,001 + sq. ft. | One for each additional twenty thousand (20,000) sq. ft., plus additional as required by director. |
|
| Office uses | 5,000 to 35,000 sq. ft. | One |
| 35,001 + sq. ft. | One for each additional thirty-five thousand (35,000) sq. ft., plus additional as required by director. |
|
| Commercial and other allowed uses | 5,000 to 10,000 sq. ft. | One |
| 10,001 + sq. ft. | One for each additional ten thousand (10,000) sq. ft., plus additional as required by director. |
- B. Standards for Off-Street Loading Areas. Off-street loading areas shall be provided in the following manner:
1. Dimensions. Loading spaces shall be not less than fifteen (15) feet in width, twenty-five (25) feet in length,
with fourteen (14) feet of vertical clearance;
2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of adjacent structure(s) in compliance with Section 16.18.100 (Lighting);
3. Loading Doors and Gates. Loading bays and roll-up doors shall be painted to blend with the exterior
structure wall(s) and be located on the rear of the structure only. Bays and doors may be located on the side of a structure, away from a street frontage, where the director determines that the bays, doors, and related trucks will be adequately screened from view from adjacent streets;
4. Loading Ramps. Plans for loading ramps or truck wells shall be accompanied by a profile drawing showing
the ramp, ramp transitions and overhead clearances;
5. Location. Loading spaces shall be located and designed as follows:
a. As near as possible to the main structure and limited to the rear two-thirds of the parcel, if feasible;
b. Loading facilities shall be fully screened from view from adjacent public streets and freeways with architectural elements, landscaping or a combination of both.
c. Situated to ensure that loading and unloading takes place on-site and in no case within adjacent public rightsof-way or other traffic areas on-site;
d. Situated to ensure that vehicular maneuvers occur on-site; and
e. Situated to avoid adverse impacts upon neighboring residential properties.
6. Screening. Loading areas abutting residentially zoned parcels shall be screened in compliance with Section
16.18.120 (Screening and Buffering); and
7. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times. (Ord. 343 § 3, 2005; Ord. 182 § 2 (part), 1997)
16.36 Public Facilities/Infrastructure Mitigation ¶
16.36.010 Findings and Intent. ¶
A. The city council finds that Murrieta is a rapidly growing city. The city's population has the potential to grow from a current population of about forty thousand (40,000) to approximately one hundred two thousand (102,000) at build out. This increase in population is reasonably expected to create a substantial increase in the demand placed upon public facilities. The city's existing public facilities will soon become inadequate to handle the projected population growth at existing levels of service. In order to serve the projected population growth, public facilities must be expanded.
B. It is the intent of the city to require every person who develops land to mitigate the impacts of that development on the city's public facilities. The city will therefore require developers to pay a public facilities development impact fee that will assist in meeting the demand for public facilities caused by development. The public facilities will be constructed in accordance with a capital improvement plan adopted by resolution of the city council.
C. The amount of the public facilities development impact fees collected pursuant to this chapter shall be limited to the cost of public facilities attributable to new development. The amount of the public facilities development impact fees collected shall not include the cost of public facilities that serve existing development. (Ord. 196 § 1 (part), 1998)
16.36.020 Residential Public Facilities Development Impact Fee Required. ¶
A. A developer shall pay a public facilities development impact fee for each building which is part of a residential development, in an amount established by resolution of the city council, upon issuance of a building permit for that building; provided, however, that if a residential development contains more than one dwelling, the development services director may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its building permit, on a pro rata basis when a certain percentage of the dwellings have received their building permits, or on a lump-sum basis when the first dwelling in the development receives its building permit. If the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the development services director may require the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time specified above. The contract shall be recorded with the Riverside County re-corder and shall constitute a lien for the payment of the fee. (Ord. 196 § I (part), 1998)
16.36.030 Non-Residential Public Facilities Development Impact Fee Required. ¶
A. Except as provided in Sections 16.36.040 and 16.36.050, a developer shall pay a public facilities development impact fee for each building in a non-residential development or new square footage of a building in a non-residential development, in an amount established by resolution of the city council, prior to issuance of a building permit for that building. Construction which does not result in new square footage shall not be subject to a public facilities development impact fee.
B. Notwithstanding subsection A of this section, a building permit may be issued to a developer prior to payment of a public facilities development impact fee, if the developer qualifies as any nonprofit organization that is exempted from taxes by Section 501(c)(3) of the Internal Revenue Code of 1986. If, pursuant to this paragraph, the required fee
is not fully paid prior to issuance of a building permit for construction of any portion of the non-residential development encumbered thereby, the development services director may re-quire the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, upon transfer of the non-residential development, or the applicable portion thereof, to a purchaser that does not qualify as a nonprofit organization that is exempted from taxes by Section 501(c) (3) of the Internal Revenue Code of 1986. The contract shall be recorded with the Riverside County recorder and shall constitute a lien for the payment of the fee.
(Ord. 196 § 1 (part), 1998)
16.36.040 Developer Construction of Public Facilities Pursuant to Capital Improvement Plan. ¶
A. A developer shall be entitled to a reduction in the amount of the component of the development impact fees required by Sections 16.36.020 and 16.36.030, if the developer constructs public facilities, relating to that component, pursuant to the city's capital improvement plan and the public facilities constructed are those for which the capital improvement plan designates development impact fees as the funding source. The specific component of the development impact fees which would have funded the improvement when installed shall be reduced by the amount of engineering and construction costs that would be reasonably incurred by the city in building those same public facilities. The amount of the reduction in the development impact fee component shall be subject to approval by the development services director prior to construction of the development. In no case shall the reduction in a specific development impact fee component (i.e. streets and minor bridges, storm drainage, etc.) be greater than the amount assessed to the developer for that specific component; nor shall fees from one component be transferred to another component to offset public facility improvements constructed by the developer that exceed the assessed amount.
B. If a developer constructs off-site public facilities pursuant to the city's capital improvement plan, and if the city's engineering and construction costs to construct those same public facilities would have been more than the public facilities development impact fees assessed to that developer pursuant to Sections 16.36.020 and 16.36.030, then nothing in this section shall prevent the city from entering into a reimbursement agreement with that developer, subject to the availability of funds.
(Ord. 196 § 1 (part), 1998)
16.36.050 Fee Reduction. ¶
A. Application for Fee Reduction.
Any developer whose development is subject to the public facilities development impact fee required by this chapter may apply to the development services director for a reduction in that fee based upon the demonstrable absence of a reasonable relationship between the impact of that development on the city's public facilities and either the amount of public facilities development impact fee charged, or the type of public facilities improvements to be constructed and/or purchased. The application shall be made in writing and filed with the development services director no later than ninety (90) days after approval of the development. If no application for discretionary review is required for the development, then the application shall be made in writing and filed within ninety (90) days after the city issues a building permit for the development. The application shall state in detail the factual basis for the request for reduction. Failure to file a timely application for reduction deprives the director of jurisdiction to consider the application. The director shall make a decision on the application for reduction within thirty (30) calendar days after the application has been filed. Notice of the director's decision shall be mailed to the applicant, postage paid.
Any developer whose development is subject to the public facilities development impact fee required by this chapter, including a developer who, in connection with the development, has constructed or financed regional or
regionally significant public facilities substantially similar to those facilities that are listed or otherwise identified in the city's capital improvement plan, either through participation in a special district (e.g., a community facilities district or a special assessment district) or as a result of conditions of approval for the development, may apply to the development services director for a reduction in that fee. The application shall be made in writing and filed with the development services director no later than ninety (90) days after the effective date of this section or ninety (90) days after the city issues a building permit for the development, whichever is later. The application shall state in detail the factual basis for the request for reduction. The city shall consider entering into an agreement, or modifying an existing agreement, with any developer applying for a reduction pursuant to this subsection.
B. Appeal from Director's Decision.
Any decision of the development services director under subsection 16.36.050(A) may be appealed to the city council by filing an application for appeal with the city clerk. The application must be filed within fifteen (15) calendar days after notice of the director's decision has been mailed to the applicant; provided, however, that if the fifteen (15) days expire on a day when Murrieta City Hall is not open for business, then the appeal period shall be extended to the next business day.
Failure to file a timely appeal application deprives the city council of jurisdiction to hear the appeal.
The city council shall consider the appeal at a public hearing to be held within forty-five (45) calendar days after the appeal application is filed. Notice of public hearing pursuant to Chapter 16.76 of the Murrieta Municipal Code shall not be required for an appeal of development impact fees.
C. Allocation of Fee Reductions or Credits. Any fee reductions or fee credit granted pursuant to this chapter shall be applied only to that component of the public facilities development impact fee which would have funded the improvement upon which the reduction or credit is based or for which a fee reduction was granted pursuant to subsection 16.36.050(A)(1).
D. Processing of Protests. The procedure set forth in this section shall implement Government Code Section 66020, or its successor, and shall serve as the city's method for processing protests filed pursuant to that section. Prior to the effective date of the approval of the development, or, if no discretionary approval is revoked, prior to the issuance of a building permit, a developer that is subject to this chapter shall sign a statement acknowledging the imposition of a public facilities development impact fee upon that developer's development. Such acknowledgment shall not be deemed a waiver of the developer's right to protest the imposition and to request a fee adjustment pursuant to this section.
(Ord. 196 § 1 (part), 1998)
16.36.060 Use of Funds. ¶
All public facilities development impact fees paid and collected pursuant to this chapter shall be placed in one or more funds and used solely for the purpose of constructing, expanding or rehabilitating the public facilities specified in the resolution establishing the fee and described in the city's capital improvement plan. (Ord. 196 § 1 (part), 1998)
16.36.070 School Facilities. ¶
The following standards are intended to provide a mechanism whereby the impact of new development on public school facilities can be evaluated, and appropriate mitigation measures for the provision of school facilities be required if necessary.
A. Annual School Impact Report. The city shall, at the commencement of each calendar year, request that each school district serving the city and/or its sphere of influence area, submit in a timely manner, a report to the city which
addresses all of the following for each district facility:
Current demand;
Existing capacity;
Future expansion needs;
Student generation factors;
Status report of overcrowding of facilities; and
Status of applications and eligibility for state funding.
B. Submittal of Applications to School Districts. The city shall transmit the application materials for any land use entitlement to the applicable school district within ten days of filing an application.
C. School Impact Analysis Required. Within twenty (20) days of the receipt of an application for any land use entitlement, the applicable school district shall prepare a school impact analysis based on the most recent school impact report. The analysis should evaluate the proposed project's impact on the demand for schools based on the servicing area. If the school district fails to submit the analysis to the city in a timely manner, the city may assume that the school district has no information to submit.
D. California Environmental Quality Act Compliance. Notwithstanding subsection 16.36.050(C), the city shall conduct an environmental analysis of the impact of a project on the affected school district.
E. Phasing of Development/Density Reduction. If adequate school facilities will not be available in a timely manner, pursuant to the impact analysis required in subsection 16.36.050(C), the city may reduce the density of a project or phase development of a project until adequate school facilities are available.
F. Projects Involving Legislative Acts. The provisions of this subsection shall apply to new development projects that include any of the following land use entitlement applications: development agreements, general plan amendments, master development plans, public financing and/or redevelopment proposals, specific plans, zone changes, and other legislative approval.
Prior to the approval of an implementing entitlement, a conditional use permit, a development plan permit, or a tentative map that is part of any land use entitlement described above, an approved copy of any impact mitigation agreement entered into between a developer and a district, shall be provided to the department. School impact mitigation agreements are not required to be approved at the time of approval of the legislative act, except when concurrent implementing entitlements are processed (e.g., a change of zone and a conditional use permit).
ntitlement described above, an approved copy of any impact mitigation agreement entered into between a developer and a district, shall be provided to the department. School impact mitigation agreements are not required to be approved at the time of approval of the legislative act, except when concurrent implementing entitlements are processed (e.g., a change of zone and a conditional use permit).
G. Projects not Involving Legislative Acts. The provisions of this subsection shall apply to new development projects which do not involve a legislative action, (e.g., as a conditional use permit, a development plan permit, or a tentative map).
All residential development proposals of seventy-five (75) gross acres or more, not within a master development plan or specific plan, shall be evaluated for possible inclusion of a ten net usable acre elementary school site.
Development proposals are not required to obtain a separate school impact mitigation agreement from the applicable school district prior to the issuance of a building permit. School mitigation fees shall be as authorized under state statute.
(Ord. 196 § 2, 1998)
16.36.080 Dedications and Improvements. ¶
The purpose of this section is to establish standards and requirements for dedications and improvements in connection with the development of land in which no subdivision is involved.
A. Dedications Required. Applicants who propose new development within the city shall provide, by means of an offer of dedication or other appropriate conveyance as approved by the city attorney, the rights-of-way necessary for
the construction of any street as shown on the circulation plan in the general plan, any applicable specific plan, or otherwise required by the city engineer in compliance with an established street system or plan. Rights-of-way shall also be provided for improvements to existing facilities including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title examination report and be free of all liens and encumbrances.
Dedications required by this section shall be made before the issuance of a building permit for a subject property. B. Public Improvements Required. Applicants who propose new development within the city shall cause to construct all necessary improvements in compliance with city specifications upon the property and along all street frontages adjoining the property upon which the structure is constructed unless adequate improvements already exists. In each instance, the city engineer shall determine whether or not the necessary improvements exist and are adequate. C. Construction of Public Improvements. If the city engineer determines that public improvements are required, these public improvements shall be designed to city standards and their construction guaranteed by an improvement agreement secured by a bond or cash deposit before issuance of a building permit for the subject property. If the building permit is not exercised, the improvement obligation shall terminate and the security shall be returned. The city engineer is authorized to execute agreements on behalf of the city.
D. Deferrals of Public Improvement Requirements. Requests for deferrals of improvements shall be processed in compliance with Section 16.108.130 (Article V).
E. Exemption for Expansion of Existing Single Family Homes.
The addition, enlargement, expansion, alteration, extension, reconstruction or replacement of any existing single family dwelling and/or accessory structure shall be exempt from the requirements of this chapter to construct street improvements.
The development of non-habitable accessory structure(s) as provided for under Section 16.44.150 of this Title shall be exempt from the requirements of this chapter to construct street improvements.
A development that is exempt from the requirement to construct street improvements as provided for in this section shall remain subject to the requirement to provide the city with an irrevocable offer of dedication for the ultimate street right-of-way for any addition, enlargement, expansion, alteration, extension, reconstruction or replacement of an existing single family dwelling and/or habitable accessory structure regardless of size.
No exemption from the requirement to construct street improvements shall be granted if the city engineer determines that the lack of street improvements in this case would be a potential danger to the public health, safety and welfare. (Ord. 538, Exhibit A (part), 2018; Ord. 439-10, § 1, 2010; renumbered during 06-04 supplement; Ord. 182 § 2 (part), 1997)
16.38 Sign Standards ¶
16.38.010 Purpose. ¶
The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare, and to preserve the character of the city by regulating the size, height, design, quality of materials, construction, location, lighting and maintenance of signs and sign structures not enclosed within a building, to accomplish the following:
A. Provide a reasonable and comprehensive system of sign controls to ensure the development of a high-quality environment;
B. Promote a public benefit and encourage a desirable city character with a minimum of clutter, while recognizing the need for signs as a major form of communication;
C. Provide for fair and equal treatment of all sign users;
D. Encourage signs that are well designed and pleasing in appearance by providing incentive and latitude for variety, good design relationship, spacing and location;
E. Provide for maximum public convenience by properly directing people to various activities; and
F. Promote public safety by providing that official traffic regulation devices be easily visible and free from nearby visual obstructions including blinking signs, excessive number of signs, or signs resembling official traffic signs.
(Ord. 587 Exhibit B, (part), 2022; Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.020 Applicability. ¶
A. The standards in this chapter are intended to apply to signs in each zoning district in the city. Only signs authorized by this chapter shall be allowed unless otherwise expressly provided in this chapter.
B. If a new zoning district is created after the enactment of this chapter, the director shall make determinations as to the applicability of appropriate sign regulations in compliance with Chapter 16.04 (Interpretation of Code Provisions) until this chapter is amended to govern the new zoning district.
C. Message Substitution. The specific message displayed on any sign otherwise permitted under this Chapter 16.38 may be substituted with any noncommercial message that is not otherwise prohibited by this Chapter 16.38 at the discretion of the owner and without requiring additional review or approval by the City.
(Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.030 Definitions. ¶
The following are definitions of specialized terms and phrases used in this chapter. The definitions are organized in alphabetical order.
Abandoned Sign. Any sign which no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed.
Animated or Moving Sign. Any sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.
Awning Sign. Any copy or logo attached to or painted on an awning.
Banner, Flag, or Pennant. Any cloth, bunting, plastic, paper, or similar non-rigid material attached to any structure, staff, pole, line, framing, or vehicle, including streamers, but not including official flags of the United States, the state of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.
Bench Sign. Copy attached or painted on any portion of a bench.
Billboard. A legally constructed on-site or off-site structure of any kind or character other than the main business identification signs erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement may be placed, including on a static or digital display using digital message technology capable of changing the static message on the sign electronically, including statuary for advertising purposes.
Building Frontage. That building elevation which fronts on a public street, pubic parking lot, private parking lot available to the general public, or pedestrian walk where customer access to a structure is available.
Business Identification Sign. A sign which serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.
Cabinet Sign (Can Sign). A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated.
Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.
Commercial Sign. Any sign advertising any business or for profit enterprise, whether on-site or off-site.
Construction Sign. A sign which states the name of the developer and contractor(s) working on the site and any related engineering, architectural or financial firms involved with the project.
Convenience Sign. A sign that conveys information (e.g., restrooms, no parking, entrance) or minor business
identification for the purposes of directing vehicular and/or pedestrian traffic within a project, and is designed to be viewed on-site by pedestrians and/or motorists.
Copy. Words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign. Digital Display. A sign with a fixed or changing display/message composed of a series of lights, but not including time and temperature displays.
Double-faced Sign. A sign constructed to display its message on the outer surfaces to identical and/or opposite parallel planes.
Flashing Sign. A sign that contains an intermittent or sequential flashing light source.
Freeway Sign. A sign allowed on parcels which are located adjacent to or within 150 of freeway right of way. Future Tenant Sign. A temporary commercial sign that identifies the names of future businesses that will occupy a site or structure.
Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is âttached to the face of the sign and is perceived as a design element of the sign.
Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather. Monument Sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.
Neon. Glass tube lighting in which a gas and phosphors are used in combination to create a colored light. Noncommercial Sign. Any sign other than a commercial sign.
Noncommercial Message. A message or image on a sign that directs public attention or advocates an idea or issues
of public interest or concern but is not advertising for hire and or does not promote any business product, activity service interest or entertainment.
Non-primary Frontage. The elevation of a building that does not include the primary entrance to a building. Off-site Sign. Any sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premise as the sign or which identifies a use, service, or product by a brand name which although sold or
manufactured on the premise, does not constitute the principal item for sale or manufactured on the premise. Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
Pole Sign. A sign that is displayed on and completely supported by a single support element (pole) that is constructed into the ground, with no part of the sign attached to a building or similar structure.
Portable Sign. A freestanding sign that is not permanently affixed to a structure or the ground; includes wire-frames and grape-stakes signs.
Primary Frontage. The elevation/face/front of a building with the main public entrance and the elevation/face/front of the building visible from an interstate.
Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward.
Pylon Sign. A sign that is displayed on and completely supported by two or more support elements (poles/columns) that are constructed into the ground and are completely enclosed by a solid architectural element(s) so that the supporting elements are not visible.
Real Estate Sign. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including subdivision signs.
Relocation Agreement. An agreement between the city and a billboard owner and/or property owner resulting in the removal, relocation, replacement and/or reconstruction of one or more lawfully existing billboards to another parcel of property within the city, or to reconstruct a billboard on the same property, as approved by the city council.
Roof Edge. On a pitched roof, the lowest portion of the fascia board covering the roof rafters, or if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall.
Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.
Sign. Any structure, device, figure, painting, display, message placard, or other contrivance, or any part thereof situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide data or information in the nature of advertising, to direct or attract attention to an object, person, institution, business, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
Sign Area. The entire area within a perimeter defined by a continuous line composed of right angles which enclose the extreme limits of lettering, logo, trademark, or other graphic representation, to get her with any frame or structural trim forming an integral part of the display used to differentiate the sign from the background against which it is placed. See Section 16.38.110(B) (Measurement of Sign Area).
Site Directory Sign. A sign for listing the tenants and their suite numbers of a multiple tenant structure or center. Street Frontage. The portion of a property that is adjacent to a street.
Subdivision Sign. A temporary, free-standing sign designed, erected, and maintained to serve the public by providing directions and information related to new residential project developments and/or community facilities. Temporary. Any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property.
Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property for more than forty-eight (48) consecutive hours, the principal purpose of which is to attract attention to a product sold or business located on the property.
Wall Sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
Window Area. Window area shall be computed by calculating each window pane or panel. The area shall be separate for each building face, and for each window. A group of window panes or panels may be considered one
window if they are adjoining on the building face and are less than six inches apart.
Window Sign. Any sign posted, painted, placed, or affixed in or on any window exposed to public view. Any interior sign which faces any window exposed to public view and is located within three feet of the window. (Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.040 Sign Permits. ¶
A. Sign Permits Required. To ensure compliance with the regulations of this chapter, a sign permit shall be required in order to erect, move, alter, or reconstruct any sign except signs that are exempt from permits in compliance with Section 16.38.050 (Exemptions From Sign Permits).
B. Sign Permit Fee. A sign permit processing fee shall be collected upon application for a sign permit or appeal thereof.
- C. Approval of Sign Permits. A sign permit application shall be approved, approved with conditions, or denied by the director provided that the proposed sign(s) is consistent with the intent and provisions of this chapter.
D. Revocation of Sign Permits. The director may revoke or modify a sign permit, in compliance with Chapter 16.82 (Revocations and Modifications) if it is found that the sign(s) has been erected, altered, reconstructed, or is being maintained in a manner that is inconsistent with the approved permit.
- (Ord. 587 Exhibit B, (part), 2022; Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.050 Exemptions From Sign Permits. ¶
Sign permits shall not be required for the signs listed in this section. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site/use. This section is not intended to exempt signs from building permits or electrical permits.
- A. Permanent Signs with no Size Limitation:
Signs located within shopping centers or similar areas where the signs are not visible from any point on the boundary of the premises;
Official and legal notices required by a court or governmental agency;
Signs erected and maintained in compliance with and in discharge of a governmental function or required by a law, ordinance or governmental regulation, including signs erected by a public utility; 1
Signs on licensed commercial vehicles, including trailers; provided, however, that vehicles/trailers shall not be used as parked/stationary outdoor display signs;
Bench signs and other signs located at designated public transit locations;
Change of copy within an approved comprehensive sign program that conforms to the provisions of the comprehensive sign program (16.38.060): and
Change of copy on existing structures.
B. Permanent Signs Limited by Maximum Size:
Occupant name, street number, and street name signs not exceeding two square feet in area per single-family or multi-family unit;
Signs for commercial, office, and industrial uses not exceeding two square feet and limited to business identification, hours of operation, Address, and emergency contact information;
Convenience signs solely for the purpose of guiding traffic, parking, and loading on private property, and not bearing advertising materials. Maximum sign area shall be four square feet. Maximum height for freestanding signs shall be four feet. Taller signs may be approved by the director, if visibility will not be impaired;
Affiliation signs for auto-related uses, motels, and hotels that show notices of services provided or required by law, trade affiliations, credit cards accepted, and the like provided the signs are attached to an otherwise approved sign, or structure. Signs or notices shall not exceed one-half (1/2) square foot in area per sign, and no more than six signs are allowed per business;
Gasoline pump signs identifying the brand, types, and octane rating provided the signs do not exceed two square feet per pump face;
Names of structures, commemorative plaques, tables, dates of construction, and the like when carved in stone, concrete, or similar materials or made of bronze, aluminum, or other similar permanent material and mounted permanently on a structure. These signs shall not exceed four square feet and six feet in height; and
Official flags of a nation, the state of California and other states of the nation, municipalities, and fraternal or religious organizations, provided that the pole height shall not exceed twenty-five feet in residential zones and 50 feet in non-residential zones, and the length of the flag shall not be more than one-quarter (1/4) of the height of the pole. Increase in pole height may be granted by the director when a special circumstance is applicable to the property, such as height of surrounding structures.
C. Temporary Signs Limited by Size and Period of Display:
1. Real Estate Signs. Real estate signs subject to the owner's permission and the following limitations:
a. For single-family dwellings, one (1) sign per street frontage not to exceed four square feet in area and seven feet in height in addition, "open house" signs are allowed when a sales agent or owner is present at the site;
b. For multi-family dwellings, one sign per street frontage not to exceed thirty-two (32) square feet and eight feet in height; i
c. Individual commercial, office, and industrial properties not located in a commercial center or industrial/business park, one sign per street frontage not to exceed thirty-two (32) square feet per side and eight feet in height;
d. Individual tenant spaces within multi-tenant commercial centers, office structures, and industrial subdivisions offered for sale, rent, or lease, one sign per street frontage not to exceed sixteen (16) square feet and eight feet in height. In addition, one sign for each tenant space available not to exceed six square feet to be located at the individual tenant space for rent or lease; and
e. For non-residential freeway fronting properties, one sign along freeway frontage not to exceed three hundred and twenty (320) square feet per side and twenty-four (24) feet in height.
2. Noncommercial Signs. Temporary noncommercial signs shall be permitted in any zoning district and in any circumstance where a commercial sign is permitted whether on-site or off-site subject to the following provisions:
a. Temporary noncommercial signs shall not exceed 120 days per calendar year;
b. Temporary noncommercial signs which relate to a specific event (including elections) shall be removed not later than fourteen (14) days following the date of the event (including an election). In commercial zones, the fourteen (14) days are included in the overall 120-day allowance per calendar year;
c. Temporary noncommercial signs in commercial zones are subject to the same size and location regulations as permitted commercial signs. Noncommercial signs are additionally permitted in residential zones subject only to the limitations contained in this Section 16.38.050 C. 2., subsections b, d, e, f, and g;
d. The subject matter, content or specific language of a temporary noncommercial sign is not subject to review or approval by the city, subject to Section 16.38.080(H);
e. In a residential zone, temporary noncommercial signs shall not exceed sixteen (16) square feet in total area per side. No sign shall be placed in a manner that would obstruct visibility of pedestrian or vehicle traffic;
f. In a residential zone, temporary noncommercial signs shall not exceed an overall height of eight (8) feet from finished grade; and
- g. Temporary noncommercial signs in any zone, shall not be within the public right-of-way.
- Business Identification Signs. A maximum of two temporary signs for the identification of a new business
until permanent signs can be erected are allowed for a period not to exceed ninety (90) days. One time extension may be granted by the director. Total sign area for two signs is limited to fifty (50) square feet.
- Future Tenant Signs. Future tenant identification signs that provide information about the future use of a property subject to compliance with the following limitations:
a. One sign per street frontage. One additional sign is allowed if a project has in excess of five hundred (500) lineal feet of street frontage;
b. Signs shall be limited to a maximum of thirty (30) square feet and ten feet in height. Maximum fifty (50) square feet if combined with a construction sign; and
c. Signs shall be removed upon occupancy of the site.
5. Construction Signs. Construction signs are subject to compliance with the following limitations: .
a. One (1) sign per street frontage not to exceed twenty (20) square feet with a maximum height of ten feet. Maximum size of fifty (50) square feet if combined with a future tenant sign; and
b. Signs shall be removed upon first occupancy of the site.
6. On-site Subdivision Signs. The placement of on-site subdivision signs shall comply with the following
standards:
a. Signs may contain only the name of the subdivision, name of the developer and/or agent, an identification emblem, sales price, illustrative graphics, and directional message;
b. A maximum of two (2) on-site signs may be located within the project;
c. The total area of each sign shall not exceed fifty (50) square feet;
d. The height of each sign shall not exceed ten feet;
e. Signs shall not be illuminated;
f. Signs may be displayed one (1) year after the last building permit has been issued or as long as there is an active building permit; and
g. Apartment and group housing complexes of thirty (30) units or more shall be considered within the definition of a subdivision for the purpose of this subsection. Small apartment complexes (twenty-nine (29) units or fewer) may display rental/sales signs during construction and for a period of one (1) year following the issuance of the Certificate of Occupancy. One sign per street frontage not to exceed sixteen (16) square feet with a maximum height of six (6) feet.
7. Short-Term Vacation Rental Temporary Signs. The placement of on-site short-term vacation rental
temporary signs shall comply with the following standards:
a. Each short-term vacation rental shall be equipped with no more than one (1) temporary identification sign, not-to-exceed two (2) square feet in area. No other advertising signs promoting or identifying short-term vacation rentals shall be permitted on-site or off-site. The required temporary identification sign shall be posted in a conspicuous location in front of a single-family residential dwelling, or attached to a condominium in a location clearly visible from the street or internal common area. The sign shall be posted for a minimum six (6) hours, and not more than twelve (12) hours, prior to periods of occupancy, and removed within twelve (12) hours of checkout of the unit. The sign shall clearly state the following information in lettering of sufficient size to be easily read:
- i. The twenty-four (24) hour city short-term vacation rental telephone hotline number;
ii. The city’s short-term vacation rental website address;
iii. The name of the owner’s authorized agent or representative, or owner of the unit, and the designated local contact person and a telephone number at which that party may be reached on a twenty-four (24) hour, seven (7) day per week basis;
iv. The maximum number of occupants permitted to stay in the unit; and
v. The maximum number of vehicles allowed to be parked on the property.
(Ord. 561-20, Exhibit B (part), 2020; Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.055 Temporary Commercial Signs. ¶
A business or commercial center may be allowed to display temporary signs subject to the following standards:
- A. Temporary commercial signs are subject to a temporary commercial sign application.
Five (5) applications allowed per year per tenant space;
A maximum of thirty (30) days of display per application;
A maximum of 120 days of display per calendar year per tenant space.
- B. Temporary commercial signs are allowed at one sign not exceeding 25 square feet in max sign area and a max height not to exceed the edge of roof per commercial sign permit application.
C. Temporary commercial signs may be affixed to a window, building frontage or building face of the tenant space for which the application is made.
- (Ord. 524 Exhibit A, 2017)
16.38.060 Comprehensive Sign Program. ¶
A. Purpose. The purpose of a comprehensive sign program is to integrate a project's signs with the design of the structures to achieve a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations for multi-tenant projects and projects with more than five (5) permanent signs in order to encourage creativity and provide incentive and latitude in the provision of multiple signs and to achieve, not circumvent, the intent of this chapter.
B. Development Plan Permit Required. The director shall approve a development plan permit for a comprehensive sign program for a multi-tenant nonresidential project and individual tenant projects with five (5) or more signs. Standards and guidelines provided in this chapter shall serve as a reference for evaluating comprehensive sign programs.
C. Application Requirements. An application for a development plan permit shall be accompanied by plans and information as provided in department handouts for comprehensive sign programs and the following:
A statement explaining how revisions/modifications/replacement of tenant signs will be carried out to limit the possibility of holes being left in the structure's exterior by mounting brackets, electrical connections, or similar items; and
A statement of how the use of temporary signs, Including banners, flags and pennants and similar advertising devices will be monitored by the applicant to ensure compliance with the requirements of this chapter. Failure of the applicant to adequately monitor and control the use of temporary signs shall be grounds for revocation of the development plan permit in compliance with Chapter 16.82 (Revocations and Modifications).
D. Design Standards. The following design standards are applicable to all signs being proposed under a comprehensive sign program:
Signs, colors, and materials shall be compatible with the building's colors and materials. Limit the number of primary colors on signs to no more than three (3) with a secondary color used for accent or shadow detail;
Use the same type of cabinet, cabinet supports, or method of mounting for signs of the same type;
Use the same form of illumination for signs of similar types:
If exposed raceways are proposed they shall be an integral part of the design.
E. Lessees to be Informed of Comprehensive Sign Program. Lessees within developments subject to the requirements of an approved comprehensive sign program shall be made aware of the Program in their lease and their responsibility to follow the approved comprehensive sign program.
F. Findings. In approving an application for a development plan permit authorizing a comprehensive sign program, the Director shall make the following findings in addition to those required for a development plan permit in compliance with Chapter 16.56:
The comprehensive sign program satisfies the purpose and the intent of this chapter;
The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the comprehensive sign program and to the structure and/or uses they identify and to surrounding development;
The comprehensive sign program accommodates future revisions which may be required due to changes in uses or tenants; and
The comprehensive sign program complies with the standards of this chapter 16.38, except that flexibility is allowed with regard to sign area, number of signs, location, and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes of this chapter.
G. Revisions to Comprehensive Sign Programs. Revisions to a comprehensive sign program may be approved by the director if it is determined that the revision is minor and that the intent of the original approval, and any conditions attached thereto, are not affected. For revisions that would substantially deviate from the original approval, the director may require that a modification to the development plan permit application be filed. (Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.070 Sign Design. ¶
In determining the consistency of each proposed sign with the purposes of this chapter, the following guidelines shall be applied:
A. That the proposed sign will be legible to the intended audience under normal viewing conditions, based on its proposed location, and the design of its visual element;
B. That the proposed sign will not obscure from view or detract from existing signs, based on its location, shape, color, and other similar considerations. Signs colors should be compatible with the architecture. The use of garish or fluorescent colors is considered inappropriate;
C. That the proposed sign shall be designed as an integral design element of a building's architecture and shall be architecturally compatible, including color and scale, with any building to which the sign is to be attached and with surrounding structure and will be in harmony with adjacent properties and surroundings, based on the size, shape, height, color, placement, and the proximity of the proposed signs to adjacent properties and surroundings;
D. That the proposed structure, sign, or display will be designed, constructed, and located so that it will not constitute a hazard to the public; and
E. If exposed raceways are proposed they shall be an integral part of the design.
(Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.080 Prohibited Signs. ¶
The following signs are inconsistent with the purposes and standards of this chapter and are, therefore, prohibited in all zoning districts:
A. Abandoned and/or dilapidated signs and sign structures;
B. Animated, moving, flashing, blinking, reflecting, revolving, or other similar signs, except time/temperature devices;
C. Banners, flags, and pennants, except as specifically allowed by the provisions of Section 16.38.055 (Temporary Commercial Signs);
D. Bench signs, except at approved bus passenger loading areas in areas other than single-family residential districts;
E. Changeable copy signs, except as approved for a civic organization/institution, movie theater, regional mall, auto center, or unless otherwise approved by a sign program, or as allowed pursuant to Section 16.38.020.C (Message Substitution);
F. Inflated signs, balloons, and figures;
G. Light bulb strings except for temporary uses (e.g., Christmas tree lots), exposed tubing (neon), and lightemitting diode (LED) or similar lighting technology, except as allowed by a comprehensive sign program;
H. Obscene or offensive signs containing statements, words, or pictures of an obscene, indecent or immoral character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value;
I. Off-site signs not specifically allowed by the provisions of this chapter, including billboards and outdoor advertising not specifically authorized pursuant to Section 16.38.150;
J. Painted signs on fences, walls or roofs;
K. Portable signs, this provision does not apply to noncommercial signs;
L. Pole signs;
M. Projecting signs:
N. Roof signs;
O. Signs erected in a manner that a portion of its surface or supports will interfere in any way with the free use of a fire escape, exit, or standpipe or obstruct a required ventilator, door, stairway, or window above the first story;
P. Signs not in compliance with the provisions of this chapter;
Q. Signs emitting audible sounds, odors, or visible matter;
R. Signs that conflict with or imitate traffic control devices due to color, wording, design, location or illumination, or that interfere with the safe and efficient flow of vehicular and/or pedestrian traffic;
S. Signs on public property or projecting within the public right-of-way, except with an encroachment permit issued by the city;
T. Signs which are a danger to the public or are unsafe;
U. Signs which are a traffic hazard not created by relocation of streets or highways or by acts of the city;
V. Vehicle signs; or
W. Illegal Signs pursuant to Section 16.38.085.
(Ord. 610-24 § 8, 2024; Ord. 587 Exhibit B, (part), 2022; Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.085 Illegal Signs. ¶
Illegal Sign. A sign which includes any of the following:
A. A sign erected without first complying with all regulations in effect at the time of its construction or use;
B. A sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than ninety (90) days;
C. A sign that was legally erected which later became non-conforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display conforming has expired and
conformance has not been accomplished;
D. A sign that was legally erected which later became non-conforming and then was damaged to the extent of fifty
(50) percent or more of its current replacement value;
E. A sign which is a danger to the public or is unsafe;
F. A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the city; or
G. A temporary commercial sign (Section 16.38.055) for which the display period has expired.
(Ord. 524 Exhibit A, 2017)
16.38.090 Nonconforming Signs. ¶
A non-conforming sign is any permanent sign or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this development code.
It is the intent of this chapter to recognize that the eventual elimination of signs that do not comply with the provisions of this chapter is as important as the prohibition of new signs that would violate these standards. This section shall not apply to billboards subject to a relocation agreement pursuant to Section 16.38.150.
- A. General Requirements. A non-conforming sign may not be:
Changed to another non-conforming sign;
Structurally altered to extend its useful life;
Expanded;
Re-established after a business discontinued for sixty (60) days; or
Re-established after damage or destruction of more than fifty (50) percent of its value, as determined by the building official.
B. Abatement. After the expiration of the time period applicable to a particular type of sign, as provided in subsection C below, signs not conforming to the provisions of this chapter shall be brought into compliance.
C. Amortization. After the date of enactment of this chapter, the following signs located within any zoning district shall be brought into compliance with the provisions applicable to the zoning district within the following time periods:
1. Temporary Signs.
a. Ninety (90) Days. Paper, cloth and cardboard signs, board signs, banners, flags or pennants, balloons, bunting, portable signs and mobile signs, animated or moving signs, flashing and scintillating signs, and other similar signs; or
b. Twelve (12) Months. Unlighted wood and metal signs and signs painted on structures, walls, windows, fences, and similar temporary signs.
2. Permanent Signs-Fifteen (15) Years. Any sign, regardless of material, that is designed and constructed to
have a useful life greater the fifteen (15) years.
D. Annexed Areas. Except as otherwise provided in this chapter, signs in areas annexed to the city after the date of adoption of this chapter that do not conform to the provisions of this chapter, shall be regarded as non-conforming signs which may remain for the remaining amortization period as provided above, or for a period of three (3) years from the date of annexation, whichever is longer.
E. Exception. If a non-conforming sign has historical significance, (i.e., on city's local inventory) apart from its main purpose of advertising, the sign may be granted a minor conditional use permit for continued use in compliance with Chapter 16.52 (Minor Conditional Use Permits).
F. Maintenance and Repair. Non-conforming signs and sign structures may be maintained and repaired in compliance with Section 16.32.030 (Restrictions on Non-conforming Structures and Uses).
- (Ord. 587 Exhibit B, (part), 2022; Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.100 Abandoned Signs. ¶
A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the director shall give the owner thirty (30) days written notice to remove it. Upon failure to comply with the notice, the director may have the sign removed at the owner's expense.
(Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.110 General Provisions for All Signs. ¶
A. Maintenance of Signs. Signs and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times. Repairs to signs shall be of equal or better in quality of materials and design as the original sign. Signs which are not properly maintained and are dilapidated shall be deemed to be a public nuisance.
When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall.be removed. Unpainted areas shall be painted to match the adjacent portion of the building or sign support structure.
B. Measurement of Sign Area.
- The surface area of a sign shall be calculated by enclosing the extreme limits of all writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight (8) lines.
FIGURE 3-12
MEASUREMENT OF SIGN AREA
- Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign
area.
Double-faced signs shall be regarded as a single sign if the distance between each sign face does not exceed two (2) feet.
Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane.
For signs that incorporate time and temperature devices, the area of these devices shall not be included in the total sign area.
C. Measurement of Sign Height. Sign height shall be measure as the vertical distance from the finished grade adjacent to the base of the sign structure to the highest point of the structure.
D. Illumination of Signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate negative impacts on surrounding rights-of-way and properties.
External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.
The light from an illuminated sign shall not be of an intensity or brightness that will interfere with the reasonable enjoyment of surrounding residential properties.
Signs shall not have blinking, flashing, or fluttering lights or other illuminating devices that have a changing light intensity, brightness, or color.
Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.
Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.
Reflective- type bulbs and incandescent lamps that exceed fifteen (15) watts shall not be used on the exterior surface of signs so as to expose the face of the bulb or lamp to a public right-of-way or adjacent property.
Light sources shall utilize energy efficient fixtures to the greatest extent possible.
E. Sign Copy. Except as provided pursuant to Section 16.38.020 (C) (Message Substitution), the copy of permanent signs shall relate only to the name and/or nature of the business. Permanent "come-on" signs that advertise continuous sales, special prices, etc. are not allowed. Sign copy shall include minimal information only. The name of the use or business shall be the dominant message on the sign. Monument signs shall contain the street address of the use(s) in compliance with Section 16.38.020(G) below.
(Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.120 Standards for Specific Types of Signs. ¶
A. Awning Signs.
Awning signs shall only be located on building frontages, including those fronting a parking lot or pedestrian way.
Awning signs on awnings are limited to ground level and second story occupancies only.
Awning signs shall not be internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.
B. Canopy Signs for Fueling Stations.
Canopy signs are allowed on two sides of the canopy.
Canopy signs can have a max sign area of 10 square feet.
C. Digital Display.
Where permitted the digital display on a sign shall be limited to twenty (20) percent of the total sign area of said sign.
Digital display shall be allowed only on one (1) sign per development.
The provisions of this Section 16.38.120(C) shall not apply to billboards with digital displays developed subject to a relocation agreement.
D. Drive-thru Signs.
- Wall and freestanding signs shall be permitted in accordance with Chapter 16.38. In addition, up to two (2) eight (8)-foot-high menu ordering signs with a total combined square footage of up to 60 square feet in sign area, shall be permitted for drive-thru restaurants.
E. Freeway Signs.
Freeway signs shall be allowed on properties/development with freeway frontage or within 150 feet of freeway right of way. When a freeway frontage street separates the project site from the freeway right of way, the 150 feet should be measured from the centerline of the street.
Freeway signs shall be spaced 1000 feet apart if they included digital display or within 500 feet apart from other freeway signs if located on the same side of the street, including freeway signs on different parcels.
Freeway signs shall incorporate a decorative stone base consistent with the overall design/architecture of the center/development proportionate to the height of the sign but not less than five (5) feet or more than thirty (30) percent of the sign height.
The city's logo or other city symbol shall be included on the structure subject to the approval of the director.
F. Marquee Signs.
Marquee signs shall be mounted only on the front or sides of a marquee, or suspended below.
Marquee signs shall not project more than six inches from the face of a marquee.
Marquee signs shall not extend above the top of a marquee.
A clear distance of eight (8) feet shall be maintained from the lowest part of a suspended sign to the ground below.
G. Monument Signs.
Monument Signs are allowed only for frontages adjoining a public street.
Monument signs shall not be located closer than five feet from a property line.
There shall be a minimum of two-hundred (200) feet between any two monument signs (includingpylon signs) on adjoining sites to ensure adequate visibility for all signs. The director may waive this requirement in situations where its enactment would be impractical due to the locations of existing signs on adjacent properties.
Monument Signs shall not project over public property, vehicular easements, or rights-of-way. Signs shall not obstruct traffic safety sight areas.
Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, thirty (30) sq. ft. o£sign area = sixty (60) sq. ft. of landscaped area.
Monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four (4) square feet in area. Numbers shall be a minimum of six (6) inches in height. Address plates shall not be calculated against the allowed sign area.
H. Pylon Signs.
Pylon signs are allowed only for frontages adjoining a public right of way.
Pylon signs shall not be located closer than five (5) feet from a property line.
There shall be a minimum of two-hundred (200) feet between any two pylon signs (including monument signs) on adjoining sites to ensure adequate visibility for all signs.
Pylon signs shall not project over public property, vehicular easements, or rights-of-way. Pylon signs shall not obstruct traffic safety sight areas.
Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, thirty (30) sq. ft. of sign area = sixty (60) sq. ft. of landscaped area.
- I. Site Directory Signs. Freestanding signs located at vehicular entrances of a development to direct visitors and emergency vehicles to buildings.
Site Directory Signs located within Commercial Zones with multi-tenant developments are allowed at 24 square feet in sign area and 6 feet in height.
Site Directory Signs located within all other non-residential zones with multi-tenant development are allowed at 12 square feet in sign are and 4 feet in height.
J. Wall Signs.
Wall signs may be located on any building face subject to the review by the director.
Wall signs shall not project from the surface upon which they are attached more than required for construction purposes and in no case more than twelve (12) inches.
Wall signs shall not project above the roof edge of a structure.
Wall signs shall not be placed to obstruct any portion of a window.
- K. Window Signs.
Window signs shall be allowed only on windows located on the ground level and second story of a building front-age.
Window signs shall be permanently painted or mounted on the inside of windows and doors.
Window signs shall not occupy more than twenty-five (25) percent of the window area of any one window including permanent signs and temporary signs.
L. Off-site Subdivision Signs. Off-site subdivision signs are intended to help direct the public to new residential subdivision projects, apartment complexes, and community facilities on a temporary basis during the initial sales/rental period.
1. Authority to Grant Contract. The council may grant, through special agreement, the exclusive right to design, erect, and maintain off-site subdivision signs within the entire city, or any designated portion thereof. The contract shall include provisions for administering and managing the off-site subdivision sign program. The agreement shall provide for the following minimum conditions:
a. Sign panels shall be made available to all entitled persons, firms, associations, or corporations on a firstcome, first-served basis;
- b. Signs shall not be placed until the applicant has obtained all applicable city permits; and
c. Pennants, lights, flags, or other devices for visual attention shall not be placed on the sign structures.
2. Permitted Locations. Off-site subdivision signs shall be located within the street right-of-way provided that
an Encroachment Permit is issued by the city engineer, and provided that the signs do not obstruct the use of sidewalks, walkways, bike, or hiking trails, and do not obstruct or impair the visibility of drivers, pedestrians, or traffic control signs.
3. Design Standards. The design of off-site subdivision signs shall comply with the following minimum
standards:
a. Structures. Sign structures shall be ladder-type with individual sign panels of uniform design, color, and lettering, and shall include break-away design features where appropriate;
b. Structure Height and Width. Sign structures shall not exceed eight feet in height from finished grade,
unless otherwise allowed by the director, due to a topographical constraint. Sign structures shall not exceed six feet in width;
c. Sign Panels. The sign panels shall not exceed five feet in width. Sign panels shall only contain the name of the new development or community facility and indicate by an arrow the direction it is in;
d. Materials. Sign structures shall be made of wood poles unless otherwise expressly allowed by the director;
e. Lighting. Signs shall not be illuminated;
f. Uniformity. All sign structures and sign panels shall be uniform and consistent in terms of overall design, size, color, materials, and lettering style; and
g. City Logo. The city's logo or other city symbol shall be included on the uppermost panel of the structure subject to the approval of the director.
(Ord. 587 Exhibit B, (part), 2022; Ord. 524 Exhibit A, 2017; Ord. 182 § 2 (part), 1997)
16.38.130 Standards for Community Entry Monument Signs. ¶
New commercial and industrial development should contribute to providing a sense of place for the community. The city requires that commercial and industrial developments on corners of major arterial s help strengthen the community's design character by providing consistently designed monument signs as part of their projects.
A. Applicability. Any project over ten acres that has a general plan designation of community commercial, regional commercial, or business park shall provide a community entry monument sign as outlined in the following standards. Whenever practical, the sign shall be placed at the intersection of arterial streets.
B. Standards. Each community entry monument sign shall be designed within the standards provided below and the following illustrations: (See figures on the following pages).
Forty -foot (40') radius corner cutoff for landscape and sign installation;
Two formal curvilinear planting rows of trees (silk oak, tulip tree, London plane, California pepper, American sweetgum) set behind theme wall/fence;
Theme wall/fence, placed at forty-five (45') foot diagonal corner cutoff, maximum five feet high, with corner pilasters of decorative stone consistent with the overall design/architecture of the center/development;
Turf grass in front of sign;
Formal shrub hedgerow at base of wall/fence, maximum of thirty (30) inches in height;
Annual or perennial flower bed, four feet wide in front of hedgerow;
Incorporation of official Murrieta text/logo/slogan (see figure on following pages) on sign. Letters shall be a minimum of six inches high, three dimensional bronze with brushed finish, antiqued dark color up-per case;
Lighting shall be indirect. The light shall wash up onto the sign; and
Corner pilasters shall be of decorative stone consistent with the overall design/architecture of the center/development. The pilaster shall not exceed six feet in height. The minimum dimension of a pilaster shall be two feet by two feet.
(Ord. 524 Exhibit A, 2017; Ord. 343 § 5, 2005; Ord. 182 § 2 (part), 1997)
16.38.140 Sign Standards by Zoning District. ¶
The sign standards provided in this chapter are intended to apply to signs in all zoning districts. Only signs authorized by this chapter shall be allowed unless otherwise expressly provided in this chapter. The standards provided herein do not apply to billboards subject to a relocation agreement.
TABLE 16.38.140-1
SIGN STANDARDS - RESIDENTIAL
| CLASS | SIGN TYPE | NUMBER | SIGN AREA | HEIGHT | REMARKS |
|---|---|---|---|---|---|
| CLASS | SIGN TYPE | NUMBER | SIGN AREA | HEIGHT | REMARKS |
| Neighborh ood identificat ion |
Wall or monument |
Two per entry (one at each corner) |
Twenty-four (24) square feet |
Six feet for wall sign and four feet for monume nt sign. |
1. Copy shall be limited to the name of the development. |
| Multi-fam ily identificat ion |
Wall | One per street frontage with a maximum of two per development. |
Twenty-four (24) square feet |
Sign shall not project above the edge of roof |
1. Signs shall harmonize with the scale and design of the development. 2. Indirect lighting only. 3. Monument signs shall be placed no closer than five feet from the property line. Corner |
| Monument | One per street frontage with a maximum of two per development. |
Twenty- four (24) square feet |
Six feet | locations shall be approved by city engineer. 4. Refer to the Objective Design Guidelines (ODS) for additional criteria. |
|
| Multi-fam ily site directory |
Monument | One per vehicular entrance |
Twelve (12) square feet |
Six feet | 1. To direct visitors and emergency vehicles to buildings. |
| 2. Sign shall be conveniently located and shall not be located within the entry throat in a manner that could block access. 3. Illuminated for legibility twenty-four (24) hours a day. 4. Sign shall locate building, driveway locations, and address of each building. Fire hydrant or knox box locations may also be shown as required by the fire department. 5. Copy shall be minimum one inch in height and legible from twenty (20) feet. 6. Refer to the Objective Design Guidelines (ODS) for additional criteria. |
|||||
| --- | --- | --- | --- | --- | --- |
| Model home complex |
Temporary sign on-site |
Two on-site temporary signs permitted. One each main street of project. |
One hundred (100) square feet |
Fifteen (15) feet |
1. Signs shall be removed within ten days from the date of the final sale of the land and/or residences. 2. Signs shall be for identification of subdivision, price information, and the developers name, address, and telephone number. |
| Flags, banners, pennants |
Per director | Per director | Per director | ||
| Real estate signs |
One per lot | Four square feet |
Seven feet | 1. See Section 16.38.050(C). | |
| Non-resid ential uses |
1. Subject to the Civic/Institutional sign allowances. |
||||
TABLE 16.38.140-2
WALL SIGN STANDARDS - NON-RESIDENTIAL
| WALL SIGN STANDARDS - NON-RESIDENTIAL | |
|---|---|
| PRIMARY FRONTAGE | NON-PRIMARY FRONTAGE |
| 1.5 square feet per 1 lineal foot of frontage not to exceed 250 square feet of sign area |
1 square feet per 1 lineal foot of frontage not to exceed 150 square feet of sign area |
TABLE 16.38.140-3
FREESTANDING SIGN STANDARDS - COMMERCIAL, INDUSTRIAL,
OFFICE, BUSINESS PARK, AND INNOVATION
| MONUMENT | PYLON | FREEWAY SIGNS | REMARKS | |
|---|---|---|---|---|
| All Commercial zones (NC, CC, RC) |
One sign; 24 sq.ft.in sign area per side; 8' |
If more than 300 lineal feet of street frontage |
Up to 25 acres in size - 1 sign, 225 sq.ft.max |
1. Digital display is permitted on one |
| Single tenant | max height. | one Pylon sign; 60 sq.ft.max sign area and 12' max height. |
sign area; 40' max height. >25 acres- 1 sign, 500 sq.ft max sign area; 60' max height. *1000 ft. from other freeway signs with digital display or 500 feet from any other freeway signs on the same side of the street, includes signs of different parcels/development . Within 150 ft. of freeway right-of-way. All freeway signs shall include the City’s name and logo. |
freestanding sign per center and shall occupy a max of 20% of that sign’s area. 2. One monument and/or pylon sign per development shall include the center’s name. This sign area will not count towards the overall allowed signage area of said sign. 3. If project site is located on corners of major arterials it is subject to section 16.38.130. |
| --- | --- | --- | --- | --- |
| Multi-tenant | One per street frontage; 50 sq. ft. in sign area per side; 10' max height. If more than 300 lineal feet of frontage one additional sign is allowed along one frontage. Signs shall have a 200 foot separation from any other signs. |
>2.5 up to 6 acres -1 max; 60 sq. ft. max sign area and 12' max height >6acres<10- 2 max; one per street frontage; 200-foot separation from all other signs; 60 sq.ft. max sign area; 12' max height. **>10acres<25 -3 max; at 100 sq. ft. max sign area; 20' max height; 200-foot separation from all other signs. >25 acres -**4 max; 200 sq. ft. max sign area; 25' max height; 200-foot separation from all other signs. If project site has more than 1,200 lineal feet of street frontage one additional pylon is allowed. |
Up to 25 acres in size - 1 sign, 225 sq.ft. sign area; 40' max height. **>25 acres -**1 sign, 500 sq.ft. max sign area; 60' max height. *1000 ft. from other freeway signs with digital display or 500 feet from any other freeway signs on the same side of the street, includes signs of different parcels/development . Within 150 ft. of freeway right-of-way. All freeway signs shall include the City’s name and logo. |
1. Digital display is permitted on one freestanding sign per center and shall occupy a max of 20% of that sign’s area. 2. One monument and/or pylon sign per development shall include the center’s name. This sign area will not count towards the overall allowed signage area of said sign. 3. If project site is located on corners of major arterials it is subject to section 16.38.130. |
| Office (O and ORP) Business Park, Industrial (BP, GI, and GIA), Innovation (INN) Single tenant |
One sign; 24 sq.ft.in sign area per side; 6' max height. |
Not Allowed | Not Allowed | 1. Digital display is permitted on one freestanding sign per center and shall occupy a max of 20% of that sign’s area. 2. One monument and/or pylon sign per development shall |
| include the center’s name. This sign area will not count towards the overall allowed signage area of said sign. 3. If project site is located on corners of major arterials it is subject to section 16.38.130. |
||||
| --- | --- | --- | --- | --- |
| Multi-tenant | One per street frontage; 50 sq. ft. in sign area per side; 10' max height. If more than 300 lineal feet of frontage one additional sign is allowed along one frontage. Max of 3 monument signs allowed. Signs shall have a 200 foot separation from any other signs. |
>2.5 acres up to 25 **acres -1 max; 60 sq. ft. max sign area; 12 ft. max height. >25 acres -**2 max; one per street frontage with 100 sq. ft. max sign area; 20 ft. max height Signs shall have a 200 foot of separation from any other signs |
1 max 225 sq.ft. in sign area; 40' max height * 1000 ft. from other freeway signs with digital display or 500 feet from any other freeway signs on the same side of the street, includes signs of different parcels/developme nt. Within 150 ft. of freeway right-of-way. All freeway signs shall include the City’s name and logo. |
1. Digital display is permitted on one freestanding sign per center and shall occupy a max of 20% of that sign’s area. 2. One monument and/or pylon sign per development shall include the center’s name. This sign area will not count towards the overall allowed signage area of said sign. 3. If project site is located on corners of major arterials it is subject to section 16.38.130. |
TABLE 16.38.140-4
SIGN STANDARDS - CIVIC/INSTITUTIONAL
| WALL | MONUMENT | PYLON | FREEWAY | REMARKS | |
|---|---|---|---|---|---|
| Civic/Institutional | 1 per building frontage facing a public street; max 2 wall signs; with a max sign area of 200 square feet. |
One sign per street frontage; 24 sq.ft.in sign area per side; 6' max height. |
(Ord. 610-24 § 9, 2024; Ord. 587 Exhibit B, (part), 2022; Ord. 524 Exhibit A, 2017)
16.38.150 Billboards Subject to a Relocation Agreement. ¶
The city recognizes that California Business and Professions Code Section 5412 encourages cities to enter into relocation agreements, and to adopt ordinances or resolutions providing for relocation of billboards. Thus, the intent of
this section is to reduce visual clutter; eliminate non-conforming signage; facilitate the relocation and redistribution of existing billboards to more appropriate locations within the city to better serve the advertising needs of the local business community; to allow for incorporation of modern technology into relocated billboards in the form of digital displays; and to eliminate payment of public funds for the removal of existing billboards to accommodate a public project.
- A. Content. Each relocation agreement shall contain, at a minimum, the following information:
Identification of the location of the relocated billboard(s) and the billboard(s) being permanently removed;
Conceptual design drawings for the relocated billboard(s), including sign area and dimensions; and
Description of the revenue or other consideration to be received by the city.
- B. Review Process. All relocation agreements shall be reviewed and approved by the city council. The following findings must be made by the city council in order to approve a relocation agreement:
The proposed agreement is consistent with the goals, objectives, purposes and provisions of the Murrieta General Plan and the Murrieta Municipal Code;
The proposed relocation site is compatible with the uses and structures on the site and in the surrounding area;
The proposed relocation agreement contributes to the reduction of visual clutter in the city by proposing a net decrease in existing billboards and promotes activities of city-wide benefit and interest and generates significant revenue for the city; or in the case of relocations to accommodate a public project, the agreement serves the public interest eliminating the need for public fund expenditure;
The proposed billboard would not create a traffic or safety problem with regard to onsite access circulation or visibility;
The proposed billboard would not interfere with onsite parking or landscaping required by city ordinance or permit; and
The proposed billboard would not otherwise result in a threat to the general health, safety and welfare of city residents, based on factors including but not limited to such factors as distracted driving, driver safety, light and glare, or aesthetics.
C. Status of Existing Billboards. Only billboards that comply with the Murrieta Municipal Code or that are legal non-conforming billboards as of the date of adoption of this section are eligible to be relocated pursuant to a relocation agreement.
D. Permits Required. All relocated billboards shall require a building permit. Relocated billboards on city property shall also require a lease or license and a conditional use permit. Relocated billboards on private property shall also require a development agreement, and a conditional use permit (in addition to the development agreement) if required by the relocation agreement. Subsequent to the approval of a relocation agreement by the city council, the billboard owner and/or property owner shall file applications for the permits and agreements specified herein and in the relocation agreement. All of the foregoing applications submitted by the billboard owner must include the written consent of the property owner. All billboards, whether relocated, reconstructed, or new, require either a conditional use permit or development agreement as determined by the city.
E. Non-Conforming Billboards. Any non-conforming billboard relocated or reconstructed pursuant to an approved relocation agreement shall no longer be considered non-conforming for purposes of this code. (Ord. 587 Exhibit B, (part), 2022)
16.40 Transportation Demand Management ¶
16.40.010 Purpose. ¶
The purpose of this chapter is to provide regulations to help reduce air pollution and congestion caused by vehicle trips and vehicle miles traveled to protect the public health, welfare, and safety. (Ord. 182 § 2 (part), 1997)
16.40.020 Definitions. ¶
The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions).
Alternate Work Schedules. A variation from the traditional five-day/forty- (40-) hour work week to a fourday/forty(40-) hour, nine-day/eighty- (80-) hour work schedule or other alternative schedules.
Flex-time. A situation whereby employees are allowed to determine their own starting and quitting times by either extending the workday in the morning, or evening, or both.
Parking Management. An action taken to alter the supply, operation and/or demand of parking facilities to force a shift from the single-occupant vehicle to carpool, vanpool, or other transportation mode.
Rideshare. A transportation mode with multiple occupants per vehicle.
Telecommuting. A situation whereby an employee forgoes a trip to the normal work site and instead, works from home or from a satellite office near home.
(Ord. 182 § 2 (part), 1997)
16.40.030 Applicability. ¶
The provisions of this chapter shall apply to all new or expanded facilities that employ one hundred (100) or more persons at one site. The following methodology shall be used to determine employee generation for new developments where actual employment statistics may not exist.
TABLE 3-12
EMPLOYEE GENERATION BY LAND USE CATEGORY
| Land Use Category | Gross Square Feet/Employee |
|---|---|
| Retail Commercial | Five hundred(500)square feet/employee |
| Office/Professional | Three hundred (300) square feet/employee |
| Industrial/Manufacturing | Five hundred(500)square feet/employee |
| Warehouse | One thousand(1,000)square feet/employee |
| Hotel/Motel | .5 employees/guest room |
| Hospital | Three hundred(300)square feet/employee |
The project employment factor for mixed-use developments shall be based upon the proportion of the development devoted to each land use.
Employers that employ fewer than one hundred (100) people are encouraged to submit trip reduction plans on a voluntary basis to achieve an overall trip reduction of twelve (12) percent.
(Ord. 182 § 2 (part), 1997)
16.40.040 Standards for Trip Reduction. ¶
A. Trip Reduction Required. Applicable developments shall incorporate facilities and/or programs sufficient to attain a twelve- (12-) percent, work-related trip reduction from the expected number of trips as indicated in the Trip Generation Handbook published by the institute of Traffic engineers (iTE). Trip reductions shall be calculated in compliance with standards established by Southern California Association of Governments (SCAG) and/or the South Coast Air Quality Management District (SCAQMD).
B. Trip Reduction Plans. All applicable developments or businesses shall submit a trip reduction plan to reduce work-related vehicle trips by twelve (12) percent. The plan shall be submitted for approval at least one hundred twenty (120) days prior to the issuance of a certificate of occupancy in the case of a new development or prior to the issuance or renewal of a business license in the case of new or existing business where no new development is proposed.
C. Trip Reduction Methods. Trip reduction facilities and programs provided in compliance with the provisions of this chapter may include, but are not limited to:
Preferential parking for carpool vehicles;
Bicycle parking and shower facilities:
Information center for transportation alternatives;
Rideshare vehicle loading areas;
Vanpool vehicle accessibility;
Bus stop improvements;
On-site child care facilities;
Local transportation systems management and road improvements;
Contributions to support regional facilities designed to reduce vehicle trips and miles traveled;
On-site amenities (e.g., cafeterias. restaurants. and automated teller machines) and other services that would eliminate the need for additional trips;
Alternative work schedules/flex-time:
Telecommuting or work-at-home programs including providing incentives through the provision of equipment and supplies and the establishment of satellite work centers.
Financial and other incentives (e.g., bus pass. flex-time) to encourage employees to rideshare and use alternative modes of transportation;
Reschedule truck delivery schedules and routing to avoid congested areas and minimize peak hour travel; and
Other measures that can exhibit a reduction in vehicle trips and further the purpose of this chapter. (Ord. 182 § 2 (part), 1997)
16.40.050 Enforcement. ¶
Following approval of a trip reduction plan, if there is future noncompliance with this chapter, or exhibited failure to implement the trip reduction plan, one or more of the following provisions shall apply as determined by the director:
A. Exercise a lien on the subject property based upon the terms of the agreement; or
B. Assess a monetary penalty compounded on a monthly basis upon the length of time of noncompliance equal to the business license renewal fee.
(Ord. 182 § 2 (part), 1997)
16.40.060 Compliance with AQMD Regulation XV. ¶
Trip reduction plans approved by the South Coast AQMD in compliance with provisions of Regulation XV may be submitted to the city in lieu of plans required under the provisions of this chapter. AQMD approved Regulation XV trip reduction plans approved by the city shall be deemed to comply with trip reduction plan requirements of this chapter. Monitoring and annual reporting requirements shall continue to be the responsibility of AQMD and individual employers in compliance with rules and procedures established by the South Coast Air Quality Management District or as subsequently amended.
(Ord. 182 § 2 (part), 1997)
16.42 Tree Preservation ¶
16.42.010 Purpose. ¶
The purpose of this chapter is to provide regulations for the protection, preservation, and maintenance of significant tree resources and to establish minimum mitigation measures for trees removed as a result of new development. (Ord. 553-19 § 1, 2019; Ord. 182 § 2 (part), 1997)
16.42.020 Applicability. ¶
The provisions of this chapter shall apply in all zoning districts in cases where other local, state or federal regulations require tree protection and/or mitigation, the most restrictive regulation shall apply. (Ord. 553-19 § 2, 2019; Ord. 182 § 2 (part), 1997)
16.42.030 Exceptions. ¶
The removal or relocation of a Protected Tree is exempt from the provisions of this chapter under the following circumstances.
- A. Existing Trees on Residential Property. Existing trees on single-family residential property less than one acre in size, with the exception of trees protected pursuant to Section 16.42.050.D and E.
B. Emergency Situation. Cases of emergency where the director, Murrieta Police Department, or the Murrieta Fire and Rescue Department determines that a Protected Tree poses an imminent threat to the public safety, or general welfare.
C. Line-of-Sight Obstructions. Removal or relocation of trees necessary to maintain adequate line-of-sight distances as required by the city traffic engineer.
D. Public Right-of-Way. Removal of trees from within the public right-of-way, as authorized by the director of public works.
E. Public Utility Damage. Removal of trees for the protection of existing electrical power or communication lines, water lines, and sewer lines.
F. Nursery. Removal of trees planted, grown, or held for sale by a nursery.
G. Park District. Removal of trees on property owned by the city as authorized by the community services district.
H. Pruning and Trimming. Pruning or trimming that does not endanger the life of the tree.
I. Orchards. Removal of orchards or fruit trees grown, planted, or held for sale for cash crop or commercial purposes.
(Ord. 553-19 § 3, 2019; Ord. 182 § 2 (part), 1997)
16.42.040 Definitions. ¶
The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions)
A. Arborist. 1) A person currently certified by the Western Chapter of the International Society of Arboriculture as an expert on the care of trees; 2) a consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; or 3) other qualified professionals who the director determines has gained through experience the qualifications to identify, remove, or replace trees (i.e., licensed landscape architect, horticulturist, biologist).
B. Damaged Tree. Any action causing or contributing injury to the root system or. other parts of a tree, by fire, application of toxic substances, operation of machinery or equipment; improper watering; changing natural grade of land by excavation or filling the drip line area around the trunk; or by attaching signs or artificial material thereby piercing the bark of the tree.
C. Diseased Tree. Trees afflicted by, but not limited to, any of the following: insect infestation, heart rot, exfoliation, slime flux, crown rot, leaf scorch, and root fungus that shall be evaluated, treated and re-evaluated in an effort to restore or save the tree.
D. Diameter at Standard Height (DSH). DSH means the diameter of the main tree trunk measured at 4.5 feet above natural grade, except as specified below. The diameter shall be calculated by using the following formula: diameter = circumference/3.14.
For a tree that branches at or below 4.5 feet, DSH means the diameter of the main tree trunk at the narrowest point between the grade and the branching point.
For a tree with a common root system that branches at the ground, DSH means the sum of the diameter of the largest trunk and one-half the cumulative diameter of the remaining trunks at 4.5 feet above natural grade.
E. Drip Line. A line that may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the trees. When depicted on a map, the drip line will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead.
F. Historically Significant Tree. A living tree designated by resolution of the council as an historic tree because of an association with some event or person of historical significance to the community or because of special recognition due to size, condition, or aesthetic qualities.
G. Mature Native Oak Tree. A living Native Oak Tree with a DSH of 4.0 inches or more.
H. Mature Native Tree. A living Native Tree with a DSH of 4.0 inches or more.
I. Mature Tree. A living tree of any species, other than Native Oak Tree or Native Tree, with a DSH of 9.5 inches or more.
J. Native Oak Tree. A living tree of the genus Quercus including, but not limited to, the California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus dumosa), Engleman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidfolia), and the Valley Oak (Quercus lobata).
K. Native Tree. A living tree that is native to California and/or the Murrieta climate zone including, but not limited to, the California Sycamore (Platanus racemosa), Western Cottonwood (Populus fremontii), California Bay Laurel (Umbellularia California), and California Black Walnut (Juglans California).
L. Tree Report. A report prepared by an Arborist to identify the potential impact of new development on Protected Trees, the current health and/or stability of Protected Trees, the recommended restorative or remedial measures intended to improve the health and safety of Protected Trees, and to provide supporting evidence for instances where Protected Trees cannot be preserved.
- (Ord. 553-19 § 4, 2019; Ord. 182 § 2 (part), 1997)
16.42.050 Protected Trees. ¶
A protected tree is any of the following:
A. Mature Native Oak Tree;
B. Mature Native Tree;
C. Mature Tree;
D. Historically Significant Tree; or,
E. Any tree required to be planted or preserved as environmental mitigation, or condition of approval for a discretionary permit.
(Ord. 553-19 § 5, 2019; Ord. 337 § 8, 2005; Ord. 182 § 2 (part), 1997)
16.42.060 Damaging Protected Trees Prohibited. ¶
Notwithstanding Section 16.42.040 (Exemptions), no person shall cut down, remove, relocate, or otherwise destroy a Protected Tree without first securing a Tree Removal Permit pursuant to Section 16.42.070. Any pruning or trimming of a Protected Tree as authorized under Section 16.42.040.1 shall be conducted in compliance with the guidelines published by the International Society of Arboriculture (ISA).
(Ord. 553-19 § 6, 2019; Ord. 182 § 2 (part), 1997)
16.42.070 Tree Removal Permit. ¶
A. Permit Required. No protected tree shall be removed, cut down, or otherwise destroyed, unless a tree removal permit has been approved by the director. Notwithstanding the above, a tree removal permit shall not be required in the event that the removal or relocation of a protected tree is proposed as part of a discretionary permit application. While a tree removal permit is not required, all other provisions of this chapter shall still apply to the discretionary permit.
- B. A tree removal permit shall include the following minimum information:
A tree report consistent with Section 16.42.080.
A site map indicating existing and proposed elevations, property lines, streets, easements, driveways, buildings and structures, building and structure setbacks, parking areas, existing and proposed land uses, and locations of all protected trees with identification numbers consistent with the tree report.
A landscape or tree planting plan that is complete with all proposed tree locations and lists tree common name, botanical name, quantity, container size, and the equivalent DSH as outlined in Section 16.42.095.B.3.
A tree replacement plan with explanation of how proposed replacement trees comply with Section 16.42.095 Protected Tree Replacement Standards.
Proof of compliance with any applicable California Contractors State License Board licensing requirements such as C-61 (Limited Specialty); D-49 (Tree Service) license.
Authorization of the property owner.
Any other information the director determines to be necessary.
- (Ord. 553-19 § 7, 2019; Ord. 182 § 2 (part), 1997)
16.42.080 Tree Reports. ¶
A. A tree report shall be prepared by an arborist.
B. A Tree Report shall include the following information:
The precise vertical and horizontal location within plus or minus one foot of each protected tree on the subject parcel and the generalized locations of all protected trees within twenty (20) feet of the subject parcel. Each protected tree shall be assigned an identification number;
Tree type by common name and botanical name;
The DSH calculation of all protected trees;
The approximate canopy diameter of each tree;
A letter grade for the health of each tree, in accordance with the International Society of Arboriculture and Tree Appraisal Current Edition, or equivalent;
A letter grade for the aesthetic quality of each tree employing the grades defined in Section 16.42.080.B.5. above;
Disclosure of any significant disease, insect infestations, heart rot, fire, or mechanical or wind damage;
Recommended tree surgery^ chemical treatment, or other remedial measures intended to improve the health, safety or life expectancy of the tree; and
Identify those trees that are to be preserved and trees that are proposed for removal. If proposing removal, provide supporting evidence that the protected tree cannot be preserved pursuant to Section 16.42.090.
- (Ord. 553-19 § 8, 2019; Ord. 182 § 2 (part), 1997)
16.42.090 Preservation of Protected Trees. ¶
- A. The design of each project shall recognize the desirability of preserving protected trees to the greatest extent feasible. The design of the grading and other improvements shall reflect consideration of the following safe-guards:
Provision of sufficient growing areas as required by individual species;
No disruption or removal of structural or feeder roots;
Fencing of trees at or beyond their drip lines during grading and construction activities;
No filling, cutting, development, or compaction of soils within the drip line;
Preservation of oak leaf litter below the drip line; and
Other measures required by the particular species of tree(s) to be preserved as recommended by the consulting arborist, horticulturist, or landscape architect.
B. It is recognized that the preservation of all healthy trees on a development site may sometimes conflict with reasonable land developmental considerations (e.g., adequate drainage, grading, circulation, safety, and provision of utilities.) However, the design of the proposed development shall address preservation of the most desirable and significant of the healthy trees and the developer is encouraged to utilize creative land planning techniques to achieve this goal.
C. The review authority shall consider each development proposal and determine the adequacy and appropriateness of the proposed plan to preserve and maintain protected trees. Grading and landscaping plans shall implement an approved tree preservation program. The locations of all protected trees shall be indicated on the plans by the number of the tree as described in the tree report. Notes shall identify which trees are to be preserved, and which may be removed. Plans shall be consistent with the required tree protection mitigation measures included in the project application, initial study, mitigated negative declaration environmental impact report and monitoring plan, and the conditions of the development approval. Plans shall be approved by the director and the city engineer. Prior to use inauguration, the preserved trees shall be trimmed for healthy balance, structural integrity and ornamental appearance as recommended in the tree report for the project.
D. The precise vertical and horizontal locations (plus or minus one foot) of all protected trees shall be shown on the site plan as part of the initial application unless the project does not involve exterior alterations or construction activities.
(Ord. 553-19 § 9, 2019; Ord. 182 § 2 (part), 1997)
16.42.095 Protected Tree Replacement Standards. ¶
A. Replacement standards.
- A protected tree shall be replaced at a ratio of one inch DSH of tree replaced for each inch DSH of tree removed.
- B. Replacement equivalents.
Trees planted as replacement trees for native Oak trees or native trees shall be the same species as those removed or a species that is acceptable to the director, with consideration given to species diversity.
Trees planted as replacement trees for mature trees shall be limited to species that are drought tolerant and ignition-resistant and not deemed to be an invasive species, to the satisfaction of the director.
The following equivalent sizes shall be used whenever new trees, or combination thereof, are planted (either onsite or off-site) pursuant to a tree replacement plan:
a. A tree in a 15 gallon container equates to a one inch DSH.
b. A tree in a 24 inch box equates to a two inch DSH.
c. A tree in a 36 inch box or larger equates to a three inch DSH.
C. Security.
Security may be required for any tree replacement. The security shall guarantee the tree permittee's compliance with conditions of approval and city provisions regarding tree protection and preservation. Security may also be required at the discretion of the director to insure the completion of any additional work specified as a condition of permit approval or other approvals.
The security shall be in the amount of the estimated cost of the required work. The applicant shall include the cost estimate by an Arborist as part of the tree replacement plan. The terms and conditions of the security shall be reviewed and approved by the director prior to approval of the tree replacement plan.
Security posted on actual work required shall be maintained for the time period determined by the director. (Ord. 553-19 § 10, 2019)
16.42.100 Considerations for Approving Tree Removal Permits. ¶
- A. The determination to approve a tree removal permit shall be based upon the following considerations:
The condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, interference with utility services, or, in the case of mature native oak trees, interference with an addition to an existing single family detached home;
The necessity to remove a protected tree to construct improvements that allow economic enjoyment of the property;
The number of protected trees existing in the neighborhood/area;
Good forestry practices (i.e., the number of healthy mature trees that a given parcel of land will support);
The necessity to remove a protected tree to construct required improvements within a public street right-of-way, flood control right-of-way. or utility right-of-way; and
The suitability of the tree species for use in an urban area.
B. The director may waive any requirement of this chapter based upon a determination that the tree(s) would have little or no ornamental value in an urban setting, or that the tree(s) are located so that they would not be impacted by the proposed development, or evidence is provided from an arborist determining that the current condition of the tree does not justify its protection (i.e., damaged tree or diseased tree).
(Ord. 553-19 § 11, 2019; Ord. 182 § 2 (part), 1997)
16.42.110 Post Approval Procedures. ¶
The following procedures, shall apply following the approval of a tree removal permit application:
A. Appeals. The decision of the director shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. A tree removal permit shall be exercised within one year from the date of approval or other time limit established through a discretionary permit approval. Time extensions, for up to a total of two additional years, may be granted in compliance with Chapter 16.80 (Permit Implementation and Time Extensions). If a tree removal permit is not exercised within the established time frame, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation and Time Extensions) shall be initiated to consider the permit expired.
C. Issuance of Building Permit. Building permits may be issued once all applicable terms and conditions of the approved tree removal permit have been satisfied. Minor changes to required conditions of an approved permit may be granted in compliance with Section 16.80.070 (Changes to an Approved Project).
D. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of conditions of approval imposed as part of the tree removal permit.
E. Construction Monitoring. Monitoring of tree protection and restoration measure specified as conditions of approval shall be performed by site inspection conducted by the director.
F. Revocation. A tree removal permit may be revoked or modified, as established in Chapter 16.82
(Revocations/Modifications), which generally includes findings that the tree removal, relocation, or protection activities:
Cannot support the original findings:
Resulted from misrepresentation or fraud;
Has not been implemented in a timely manner;
Has not met, or has violated any condition of approval:
It is in violation of any code, law, ordinance, or statute;
Is detrimental to public health, safety, or welfare; or
Constitutes a nuisance.
- G. Enforcement.
Any person who cuts, damages, or moves a protected tree in violation of this chapter shall be deemed guilty of a misdemeanor and upon conviction may be punished in compliance with the applicable provisions of the municipal code.
Violation of this chapter during construction activity may result in an immediate stop-work order until permits are obtained along with proper mitigation procedures.
(Ord. 553-19 § 12, 2019; Ord. 182 § 2 (part),1997)
16.44 Standards for Specific Land Use ¶
16.44.010 Purpose and Applicability. ¶
This chapter provides site planning and development standards for land uses that are allowed by Article II (Zoning Districts and Allowable Land Uses) in individual or multiple zoning districts.
(Ord. 182 § 2 (part), 1997)
16.44.020 Adult Entertainment/Sexually Oriented Business Establishments. ¶
A. Purpose. The purpose of this chapter is to regulate sexually-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually-oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from sexually-oriented businesses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions). Sexually-oriented businesses are those businesses defined as follows:
1. Adult Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
2. Adult bookstore, Adult Novelty Store or Adult Video Store. A commercial establishment that has as a significant or substantial portion of its stock-in-trade or a significant or substantial portion of its gross revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental, or viewing for any form of consideration, of any one or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations that are characterized by the depiction of description or "specified sexual activities" or "specified anatomical areas";
b. Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities["] ; or
c. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore, adult novelty store or adult video store. The presences of other business purposes shall not serve to exempt these establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials that depict or describe "specified anatomical areas" or "specified sexual activities"
3. Adult Cabaret. A nightclub, bar, restaurant "bottle club" or similar commercial establishment, whether or not alcoholic beverages are served, that features any of the following:
a. Persons who appear nude or in a state of nudity or seminude;
b. Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
c. Films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
4. Adult Motel. A motel, hotel, or similar commercial establishment that includes any of the following:
a. Public accommodations, for any form of consideration, that provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and that advertises the availability of sexually-oriented material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio, or television;
b. Sleeping rooms for rent for a period of time less than ten hours; or
- c. Sleeping rooms to subrent for a time period of less than ten hours.
5. Adult motion picture theater. A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
6. Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment that, for any form or consideration, regularly features persons who appear in a state of nudity or live performances that are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
7. Massage Parlor. A place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body that occurs as a part of or in connection with "specified sexual activities," or where a person providing a treatment, manipulation, or service related thereto, exposes "specified anatomical areas." The definition of sexuallyoriented businesses shall not include the provision of personal services, as that term is defined by Section 16.110.020 of this development code, or the performance of massage in accordance with state law and in compliance with the requirements of Chapter 5.18 of this municipal code and this development code, or the practice of massage in any licensed hospital, or by a licensed hospital, or by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
8. Sexual, Encounter Establishment. A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas "or activities when one or more of the persons is in a state of nudity or seminude". The definition of sexually-oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
9. Escort. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
10. Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
11. Nude Model Studio. A place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
Employee. A person who works or performs in and/or for a sexually-oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business. Establishment. The opening or commencement of any sexually-oriented business as a new business or any of the following:
The conversion of an existing business, whether or not a sexually-oriented business, to any of the sexuallyoriented businesses defined in this chapter;
The addition of any of the sexually-oriented businesses defined in this chapter to any other existing sexuallyoriented business; or
The relocation of a sexually-oriented business.
Nudity or State of Nudity. The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast, or a state of dress that fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
Operator. The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
Public Building. A building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
Public Park or Recreation Area. Public land that has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land that is under the control, operation or management of the city.
Religious Institution. Any church, synagogue, mosque, temple, or building that is used primarily for religious worship and related religious activities.
School. Any public or private educational facility including, but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
Permitted or Licensed Premises. Any premises that requires a license and/or permit and that is classified as a sexually-oriented business.
Permittee and/or Licensee. A person in whose name a permit and/or license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license. Person. An individual, proprietorship, partnership, corporation, association, or other legal entity. Residential District or Use. A single family, duplex, townhouse, multiple family or mobile park or subdivision. Specified Anatomical Areas. Any of the following:
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities. Any of the following:
The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated;
Human genitals in a state of sexual stimulation, arousal, or tumescence; or
Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1 through 4 above.
Seminude. A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breasts, as well as portions of the body covered by supporting straps or devices.
Substantial Enlargement of a Sexually-oriented Business. An increase of fifteen (15) percent or more in the floor area occupied by the business as it existed on December 1, 1991.
Transfer of Ownership or Control of a Sexually-oriented Business. Any of the following:
The sale, lease or sublease of the business;
The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift or other similar legal devise that transfers ownership or control of the
business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.
C. Establishment and Classification of Businesses Regulated. Sexually-oriented businesses shall be allowed only in the GI zoning district subject to the following restrictions.
No person shall cause or permit the establishment of a sexually-oriented business within one thousand (1,000) feet of a religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or public building, or within one thousand (1,000) feet of any property zoned for residential use or within one thousand five hundred (1,500) feet of another sexually-oriented business.
Sexually-oriented businesses that meet the locational standards of this chapter shall be allowed in the MU-2, BP and GI zoning districts with conditional use permit approval provided that the business conforms to applicable federal and state standards, all applicable requirements of the municipal code, and all requirements of this development code.
D. Measurement of Distance. Distance between two sexually-oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.
The distance between a sexually-oriented business and any religious institution, school, boys' club, girls' club, or similar existing youth organization, or public park or public building, or properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where sexually-oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, or the nearest boundary of an affected public park, residential district, or residential lot.
E. Exception. A person appearing in a state of nudity is exempt from the requirements of this chapter if the person did so in a modeling class operated:
By a proprietary school licensed by the state, a college, junior college or university supported entirely or partly by taxation;
By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
In a structure:
a. That has no sign visible from the exterior of the structure or no other advertising that indicates a nude person is available for viewing; and
b. Where, in order to participate in a class a student shall enroll at least three days in advance of the class; and
c. Where no more than one nude model is on the premises at any one time.
F. Nonconforming Sexually-oriented Businesses.
A nonconforming sexually-oriented business shall be allowed to continue for a period not to exceed two years from the effective date of this code unless terminated sooner or voluntarily discontinued for a period of thirty (30) days or more.
If two or more sexually-oriented businesses are within one thousand five hundred (1,500) feet of one another and otherwise in an allowed location, the sexually-oriented business that was established first and continually operating at the particular location shall be the conforming use and the later established business(es) shall be nonconforming.
A sexually-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent approval/development of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot within one thousand (1,000) feet of the sexually-oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked. (Ord. 565-21, Exhibit B (part), 2021; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.44.030 Alcoholic Beverage Sales. ¶
A. Purpose. The purpose of this section is to establish standards for businesses engaged in alcoholic beverage sales uses as defined in Section 16.110.020 in order to protect the health, safety, and general welfare of the citizens of the city. This section will establish reasonable and uniform standards to prevent the inappropriate location and/or operation of alcoholic beverage sales uses within the city.
B. Applicability.
No person, association, partnership, or corporation shall conduct, establish or advertise any alcoholic beverage sales use in the city of Murrieta without first applying for and obtaining the required permit in accordance with the applicable zoning regulations of Title 16, Article II (Zoning Districts and Allowable Land Uses) and this Section 16.44.030, as identified in Tables 3-12.5 and 3-12.6, subject to the applicable use regulations contained in Sections 16.44.030D and E.
The following activities are exempt from the requirements of this section:
a. Any "special event" for which a permit has been issued by the city, provided that the application information for the special event indicates that the sale and/or service of alcoholic beverages will occur.
b. Any social gathering within a private residence or business that is not required to be licensed for alcohol sales or services in accordance with the California Alcoholic Beverage Control Act.
C. Alcoholic Beverage Sales Use Permits.
- Administrative Alcohol Use Permit. An administrative alcohol use permit shall be granted by the director for alcoholic beverage sales as an accessory use for only those uses provided in Table 3-12.5 below, provided the primary use is otherwise a permitted use in the applicable zone as indicated in Title 16, Article II (Zoning Districts and Allowable Uses). The administrative alcohol use permit shall be issued provided that applicant executes the permit accepting the requirements of the applicable use regulations in Section 16.44.030D and E as conditions of approval.
TABLE 3-12.5
Accessory Alcoholic Beverage Sales Use
Administrative Alcohol Use Permit
Primary Use Applicable Alcohol Sales Use Regulations
TABLE 3-12.5
| TABLE 3-12.5 | TABLE 3-12.5 |
|---|---|
| Accessory Alcoholic Beverage Sales Use Administrative Alcohol Use Permit |
|
| Primary Use | Applicable Alcohol Sales Use Regulations |
| Amusement Center | 16.44.030.D, E8 |
| Bowling Alley | 16.44.030.D, E8 |
| Conference Center/Meeting Rooms | 16.44.030.D, E8 |
| Day Spa/Salon | 16.44.030.D, E8 |
| Delicatessen | 16.44.030.D, E6 |
| Discount, Drug and Variety Stores | 16.44.030.D, E5 |
| Florist | 16.44.030.D, E9 |
| Grocery Stores | 16.44.030.D, E5 |
| Hotel - Motel | 16.44.030.D, E8 |
| Internet & Mail Order Sales | 16.44.030.D, E10 |
| Restaurant | 16.44.030.D, E7 |
- Minor Conditional Use Permit. A minor conditional use permit is required for any alcoholic beverage sales uses identified as "C" in any zoning table provided in Title 16, Article II (Zoning Districts and Allowable Uses) and for the uses indicated in Table 3-12.6. The minor conditional use permit application shall be submitted and reviewed in accordance with this Section 16.04.030 and Chapter 16.52 (Conditional Use Permits). The applicable use regulations of Section 16.44.030, as indicated in Table 3-12.6 shall apply and shall be added as conditions of approval of the minor conditional use permit. No minor conditional use as provided in Table 3-12.6 shall be located within sixhundred (600) feet of a K-12 public or private school within the Civic/Institutional designation.
| accordance with this Section 16.04.030 and Chapter 16.52 (Conditional Use Permits). The applicable use regulations of Section 16.44.030, as indicated in Table 3-12.6 shall apply and shall be added as conditions of approval of the minor conditional use permit. No minor conditional use as provided in Table 3-12.6 shall be located within six- hundred (600) feet of a K-12 public or private school within the Civic/Institutional designation. |
accordance with this Section 16.04.030 and Chapter 16.52 (Conditional Use Permits). The applicable use regulations of Section 16.44.030, as indicated in Table 3-12.6 shall apply and shall be added as conditions of approval of the minor conditional use permit. No minor conditional use as provided in Table 3-12.6 shall be located within six- hundred (600) feet of a K-12 public or private school within the Civic/Institutional designation. |
|---|---|
| TABLE 3-12.6 Minor Conditional Use Permit |
|
| Use | Applicable Use Regulations |
| TABLE 3-12.6 Minor Conditional Use Permit |
|
| Use | Applicable Use Regulations |
| Bar/Nightclub/Dance Hall | 16.44.030.D, E1 |
| Convenience Store | 16.44.030.D, E3 |
| Liquor Stores | 16.44.030.D, E2 |
| Membership/Private Club | 16.44.030.D, E5 |
| Mini-Mart/Gas Station | 16.44.030.D, E3 |
| Pool/Billiard Hall | 16.44.030.D, E8 |
| Movie Theater | 16.44.030.D, E8 |
| --- | --- |
| Tasting Facilities | 16.44.030.D, E4 |
| Residential Wedding/Event Facilities | 16.44.030.D, E11 |
- Conditional Use Permit. A conditional use permit approved by the planning commission is required for any use seeking a waiver, exception or substantial modification from one or more of the use regulations in Section 16.44.030D or Section 16.44.030E, or from the six-hundred (600) foot separation requirement of a minor conditional use. In order to allow a deviation from the required six-hundred (600) foot separation requirement, the following supplemental findings are required:
a. The public convenience would be served by the establishment of the proposed use;
b. The proposed use is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages;
c. The proposed use would not be detrimental to the public health, safety, or welfare;
d. The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area, and
e. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan.
The conditional use permit application shall be submitted and reviewed in accordance with this Section 16.44.030 and Chapter 16.52 (Conditional Use Permits). The applicable regulations contained in Sections 16.44.030D and E of this chapter shall apply to a conditional use permit except as modified by the commission or council on appeal.
- Similar Uses. For any request to establish an alcoholic beverage sales use not identified in Table 3-12.5 or Table 3-12.6, a determination shall be made pursuant to Section 16.04.020 (Rules of Interpretation) to determine whether the proposed use may apply for either an administrative or minor conditional use permit or is prohibited under the applicable zoning regulations.
D. Use Regulations Applicable to All Alcohol Beverage Uses. The following use regulations apply to all alcoholic beverage sales uses and shall be in addition to any state law requirements, including those provided in California Business and Professions Code Section 25612.5. If any regulation listed in this Section 16.44.030D is
inconsistent with a regulation set forth in Section 16.44.030E for a specific type of use, the more restrictive provision shall apply.
Graffiti. Within forty-eight (48) hours of any graffiti being painted or marked upon the premises or on any adjacent area under the control of the permittee, the permittee shall report the graffiti to the Murrieta Police Department and remove or paint over the graffiti.
Ads and Signs. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.
Displays. There shall be no interior displays of alcoholic beverages or signs which are clearly visible to the exterior. No more than twenty-five percent (25%) of the square footage of each of the windows and clear doors of an off-sale premises facility shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises.
Outdoor Lighting. The permittee shall provide nighttime lighting of the building exterior. The lighting shall be of sufficient illumination so as to enable law enforcement personnel to identify a person.
Litter. The permittee shall remove litter from the premises, public sidewalks and parking lots daily, and shall keep the areas swept weekly to prevent debris buildup. Trash cans shall be added and "No Littering" signs shall be posted on the premises.
Alcohol Sale Hours. The sale of alcoholic beverages may be permitted only between the hours of 6:00 a.m. and 12:00 midnight each day or as approved through a minor conditional use permit or conditional use permit.
Smoking Ordinance. The requirements of Murrieta Municipal Code Chapter 5.23 regarding smoking shall be complied with at all times.
State License Conditions. Prior to city approval on any ABC zoning affidavit, the applicant shall submit to the city a signed letter addressed to the ABC stipulating to include the appropriate city of Murrieta conditions in the ABC license.
Loitering. Loitering is prohibited on or around the premises. "No Loitering" signs (size and location to be determined by the city) are required.
Minimum Employee Age. In compliance with ABC regulations, no person under the age of twenty-one (21) shall be employed as a bartender or cocktail server. No person under the age of eighteen (18) shall serve alcohol within an eating place only if such service is incidental part of overall duties. Within retail stores, employees ages seventeen (17) and younger may sell only if directly supervised by someone at least twenty-one (21), otherwise no person under the age of eighteen (18). Employees within premises that sell alcohol and motor vehicle fuel must be twenty-one (21) for sales between 10:00 p.m. and close.
Employee Behavior. No employee or agent shall solicit or accept any alcoholic or non-alcoholic beverage from any customer while on the premises.
Open Containers or Drinking Not Allowed. No alcoholic beverages shall be consumed on the premises of an off-sale establishment, and no alcoholic beverages shall be consumed outside the edifice of an on-sale establishment. "No Open Containers" signs (size and location to be determined by the city) are required to be posted if open containers are found by the police department to be a chronic problem.
ABC Training. The owner and management of each alcoholic beverage use shall provide ABC approved and/or certified training for all employees who sell or serve alcoholic beverages at the first available opportunity or no later than thirty (30) days from the employee's date of employment.
Records. The permittee shall at all times maintain records which reflect separately the gross sale of alcoholic beverages and the gross sales of all other products of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the police department within five (5) business days following notice.
E. Supplemental Regulations for Specific Alcohol Sales Uses. In addition to the use regulations applicable to all alcoholic beverage sales uses provided in Section 16.44.030D, the following supplemental regulations shall apply to the specified uses:
- Bars, Nightclubs, Cabarets, Membership Organizations and Dance Halls. Except as to bars located within, and as part of, a winery, brewery or other beverage production facility:
a. The sale of alcoholic beverages for consumption off -the premises is strictly prohibited.
b. No reduced price or no charge alcoholic beverage promotion is permitted after 8:00 p.m. each day.
c. There shall not be a requirement to purchase a minimum number of drinks in lieu of a cover charge or admission fee.
d. Hours of operation shall be as set forth in the conditional use permit.
e. All sound resulting from the business and/or live entertainment activities shall be substantially contained within the building in compliance with city noise regulations.
- Liquor Stores.
a. Wine shall not be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for "dinner wines" which have been aged two (2) years or more and maintained in packaged bottles.
b. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises.
c. The sale and delivery of alcoholic beverages shall be made to persons who are within the permitted premises only and not through a pass-out window, or a slide out tray to the exterior of the premises.
d. Beer, malt beverage products, wine coolers, and pre-mixed distilled spirits cocktails (if allowed by ABC license) shall be sold, regardless of container size, only in manufacturer pre-packaged multi-unit quantities.
e. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of twenty-four (24) hours of operation. The facility operator shall maintain the recordings for the prior sixty (60) days and make the recordings available to the police department within twenty-four (24) hours upon request. The recordings shall be made available for use in evidence against persons who purchased or attempted to purchase alcoholic beverages as well as for use in court or any administrative proceeding.
- Convenience Stores and Mini-Marts/Gas Stations.
a. Only beer and wine may be sold, and only for off-site consumption. No sales of distilled spirits or pre-mixed distilled spirit cocktails is permitted.
b. Cold beer or wine shall only be sold from, or displayed in, the main, permanently affixed electrical cooler only.
c. No displays of beer, wine or other alcoholic beverages shall be located within ten (10) feet of any building entrance or check-out counter, unless the display is not physically accessible to customers.
d. Beer, malt beverage products and wine coolers shall be sold, regardless of container size, only in manufacturer pre-packaged multi-unit quantities.
e. Wine shall not be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for "dinner wines" which have been aged two years or more and maintained in packaged bottles.
f. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises.
g. The sale and delivery of alcoholic beverages shall be made to persons who are within the permitted premises only and not through a pass-out window, or a slide out tray to the exterior of the premises.
h. No advertising for beer, wine or other alcoholic beverage shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas.
i. The sale of beer and wine shall be incidental to, and in conjunction with, the sale of food, groceries and sundries, and the area (not including storage) devoted to the display and sale of beer and wine shall not exceed ten percent (10%) of the retail floor area.
j. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of twenty-four (24) hours of operation. The facility operator shall maintain the recordings for the prior sixty (60) days and make the recordings available to the police department within twenty-four (24) hours upon request. The recordings shall be made available for use in evidence against persons who purchased or attempted to purchase alcoholic beverages as well as for use in court or any administrative proceeding.
k. Signs shall be posted outside the building at or near the motor vehicle fuel servicing area and inside near the cash registers notifying the public that, "All alcoholic beverage transactions are monitored in cooperation with the
Murrieta Police Department." The size, wording and letter style of the advisory sign shall be as determined by the police department.
- Tasting Facilities. Tasting facilities shall include any beverage production facility or any other alcoholic beverage sales use proposed to provide for alcohol tasting or sampling onsite. The following regulations are in addition to 16.44.030D and any applicable regulations for the primary use in 16.44.030E.
a. No reduced price or no cost alcoholic beverage tasting promotion shall be allowed after 8:00 p.m. each day.
b. Customers will be limited to no more than one (1) series of free tasting.
c. Tasting samples shall be no larger than one (1) ounce.
d. For breweries and microbreweries, the sale of alcoholic beverages for consumption off the premises is
strictly limited to beverages manufactured onsite.
- e. No person under the age of twenty-one (21) shall be allowed in the sampling or tasting areas.
- Grocery Stores, Variety Stores, Discount Stores and Drug Stores.
a. The gross floor area of the establishment shall be a minimum of seven thousand (7,000) square feet, and no more than fifteen percent (15%) of the gross floor area shall be used for the storage and display of alcoholic beverages.
b. No wine shall be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for
"dinner wines" which have been aged two (2) years or more and maintained in packaged bottles.
c. The sale of beer or malt beverages in containers larger than sixteen (16) ounces is prohibited.
d. The sale of miniature-sized distilled spirits is not allowed.
e. No displays of beer, wine or other alcoholic beverages shall be located within ten (10) feet of any building entrance or check-out counter.
Delicatessens. Self-service of alcohol is prohibited; including refrigerated coolers and buckets of drinks in ice available to the customer.
Restaurants.
a. The sale of alcoholic beverages for off-premises consumption is prohibited.
b. No reduced price or no cost alcoholic beverage promotion shall be allowed after 8:00 p.m. each day.
c. Self-service of alcohol is prohibited; including refrigerated coolers and buckets of drinks in ice available to the customer.
- Amusement Centers; Bowling Alleys; Conference Centers; Day Spa/Salon; Hotels and Motels; Movie Theaters and Pool/Billiard Halls.
a. The sale of alcoholic beverages for off-premises consumption is prohibited.
b. No reduced price or no cost alcoholic beverage promotion shall be allowed after 8:00 p.m. each day.
c. There shall not be a requirement to purchase a minimum number of drinks in-lieu of an admission or cover charge.
d. Self-service of alcohol is prohibited; including refrigerated coolers and buckets of drinks in ice available to the customer.
e. Alcohol sales within a movie theater shall be prohibited unless within a separate controlled section or "box" restricted to patrons aged twenty-one (21) and over.
- Florist.
a. No wine shall be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for
"dinner wines" which have been aged two (2) years or more and maintained in packaged bottles.
b. All alcoholic beverages shall be sold only as part of a gift package, or floral arrangement.
c. Refrigerated or otherwise chilled alcoholic beverages shall not be sold or maintained on the permitted
premises, except for alcoholic beverages sold in combination with non-alcoholic beverage commodities and packaged
in gift containers requiring refrigeration for the preservation of said commodities.
- Internet and Mail Order Sales.
- a. The storage, distribution and/or shipping of alcoholic beverages shall only be carried out from a location with a zoning designation that allows such activity.
b. Property zoned for residential use shall not be used for the storage, distribution and/or shipping of alcoholic beverages, but may be used office activities related to the business.
- Residential Wedding/Event Facilities.
a. The sale of alcohol is permitted during events identified in the approved use permit with an appropriate State Issued Alcoholic Beverage Control license.
F. Public Convenience or Necessity. When required by the ABC regulations, the decision-making authority shall also consider adoption of a finding of public convenience or necessity (PCN). Applications for a finding of PCN shall be made, reviewed and considered in accordance with this Section 16.44.030F.
- Findings. A determination of public convenience shall be based upon the following findings:
a. The public convenience would be served by the establishment of the proposed use.
b. The proposed use is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages.
c. The proposed use would not be detrimental to the public health, safety, or welfare.
d. The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area.
e. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan.
- Criteria for Consideration. The following criteria shall be considered in making the required findings by Section 16.44.030F.1 above for a PCN:
a. The proximity (within six-hundred (600) feet) to sensitive receptors, such as a K-12 public or private school and/or public park.
b. The nature of the proposed use and its relation to the surrounding community.
c. Any evidence or testimony provided by the city police department (including, but not limited to, site specific neighborhood analysis of calls for service) which indicates that the use would pose a detriment to the immediate neighborhood or continue current law enforcement problems.
G. Suspension/Revocation. Notwithstanding Chapter 16.52, the suspension and revocation procedures of this Section 16.44.030 shall control for any alcohol administrative or conditional use permit. The director or commission may, upon a showing of probable violation of this Section 16.44.030 or the conditions of the alcohol beverage sales use permit, request a hearing before the commission. The director shall cause notice of the hearing to be served on the permit holder by first-class U.S. mail and by posting the subject property (notice of violation). The hearing shall be before the commission within fifteen (15) days of the notice of violation. Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
At the conclusion of the hearing, the commission may suspend, revoke or modify the alcoholic beverage sales use permit in compliance with this chapter, or order the permit remain in good standing. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78. City council's determination following a
suspension or revocation hearing shall be final and conclusive in the matter. In the event a permit is revoked pursuant to the provisions of this Section 16.44.030G, another permit shall not be granted for the subject property within twelve (12) months after the date of such revocation.
H. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
(Ord. 544 §§ 11, 12, 2019; Ord. 455 § 1, 2011; Ord. 430-10 § 4, 2010; Ord. 337 § 9, 2005; Ord. 300 § 4, 2004; Ord. 182 § 2 (part), 1997)
16.44.040 Animal Keeping. ¶
The purpose of this section is to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights or insect infestations.
A. Pre-existing Uses. Any legally established noncommercial and nonconforming animal keeping use that became nonconforming upon adoption of this development code, shall be permitted to continue subject to Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).
B. Existing Lots of Record. Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 16.44.040-1 subject to compliance with setback regulations of the underlying zoning district and subject to approval by the director.
C. Permitted Uses. Animal keeping uses allowed in Article II (Zoning Districts and Allowable Land Uses) shall comply with the standards provided in Table 16.44.040-1 below and with all other standards and requirements of this section and with all other applicable ordinances and regulations.
D. Exempt Uses. All permitted kennels shall be ruled exempt from the standards contained in Table 16.44.040-1, Animal Keeping Standards, and all other standards and requirements of this section.
E. Animal Keeping Standards.
- The following standards shall apply to all animal keeping uses, where allowed within the residential zoning districts:
TABLE 16.44.010-1
ANIMAL KEEPING STANDARDS
| Type of Animal | Allowable Zoning District |
Maximum Number of Animals per Site |
Minimum Lot Size |
|---|---|---|---|
| Apiary (bees) | RR, ER | N/A | One-half (1/2) acre |
| Aviary | RR, ER | Fifty (50) birds per acre; more than fifty (50), subject to CUP |
One-half (1/2) acre |
| Cats or dogs | All zones | Four animals each | None |
| All zones | Eight animals total | Two acres | |
| Chickens | RR, ER, SF1 | 4 | 7,200 sq. ft. to .49 acre |
| 12 | .5 to 1 acre | ||
| 30 | >1 acre | ||
| Chinchilla, nutria, hamsters, guinea pigs, cavy and similar small animals (raising for commercial purposes) |
RR, ER | Subject to a CUP | One acre |
| Exotic or wild animals | RR, ER | Subject to a CUP | One-half (1/2) acre |
| Frog farm | RR, ER | Subject to a CUP | One acre |
| Household pets (e.g., birds, domesticated rodents, non- poisonous reptiles) |
All zones | No maximum | None |
| Poultry, fowl (not including chickens) |
RR, ER | Thirty (30) animals per acre | One-half (1/2) acre |
| --- | --- | --- | --- |
| Pot belly pigs (less than eighty (80) lbs.) |
All zones | Four pigs | Five thousand (5,000) sq. ft. |
| Large (e.g., equine, bovine, bison or similar sized animals) |
RR, ER | Five per acre | One-half (1/2) acre |
| Medium (e.g., sheep, goats, and similar sized animals) |
RR, ER | One per five thousand (5,000) sq. ft. | One-half (1/2) acre |
| Small (e.g., rabbits, chinchillas, guinea pigs, hamsters, and similar sized animals) |
All zones | Six per five thousand (5,000) sq. ft. up to one acre. One acre or larger, maximum one hundred (100). |
Five thousand (5,000) sq. ft. |
a. Setbacks for grazing, arenas, or areas where animals are kept apply to typical corral and fence construction. Barns, sheds, and similar accessory structures shall be subject to the standards and setbacks of the particular zoning district.
TABLE 16.44.040-2
| TABLE 16.44.040-2 | |
|---|---|
| Standard | Minimum Distance/Size |
| Setback Front | Zoning district setback |
| Side and rear | Minimum three feet |
| From any habitable dwelling | Minimum fifty (50) feet |
| Fence height | Minimum five feet |
| Corral size | Minimum two hundred eighty-eight (288) sq. ft. per animal (twelve (12) feet x twenty-four (24) feet) with a minimum ten foot interior dimensions |
b. Apiaries, for the noncommercial use of occupants of the premises only, shall have all boxes or hives housing bees placed at least four hundred (400) feet from any highway, roads, or streets, any public school, park, property boundary or from any structure used as a dwelling or as a place of business. A water source shall be provided on-site.
c. Offspring born to an allowed animal kept on the site may be kept until the animals are weaned (cats and dogs - four months; large animals - six months; horses - twelve (12) months).
d. Rabbits shall be kept in an area with a wire mesh floor.
e. The keeping of animals shall be subject to the waste removal requirements of municipal code Chapter 8.28 and any other applicable laws and ordinances.
f. The keeping of animals shall comply with all local, county, state, and federal regulations including obtaining and maintaining applicable licenses.
- A conditional use permit is required for the establishment of commercial and noncommercial dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments with outside runs subject to the requirements of the county health department and the following provisions:
a. The minimum parcel size shall be one acre.
b. Animal runs shall be an adequate size for animals held herein.
c. Animal runs shall be constructed or coated with non-porous material to discourage the breeding of ticks and other similar pests.
d. Animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage.
e. Animal runs shall have adequate enclosures to provide protection from inclement weather.
f. Animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs.
g. Kennels and catteries shall be serviced by sewer and all excrement produced by the animals shall be properly disposed of on a regular basis so as to control flies and odor, or stored in an enclosed container and disposed of on a regular basis. Existing kennels shall be permitted to remain on a septic system, including expansions to existing facilities. New expansions shall be subject to approval by the Riverside County environmental health department prior to issuance of building permits.
h. New kennels and expansions of existing kennels shall be subject to review and approval by the Riverside County health environmental department prior to the issuance of building permits.
i. Animal runs, exercise areas, or keeping of the kenneled animals for commercial or noncommercial purposes shall not be located within a required setback area.
j. Facilities for dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments shall be subject to the setback standards for the underlying district.
- Animals at Large:
a. The animal control authority, peace officers, or persons employed for animal regulation purposes shall capture animals found at large within the city and shall handle the animals as impounded animals. Any owner or custodian of an animal found at large in the city shall be in violation of this section. An animal is at large whenever it is not on the premises of the owner or custodian of the animal and is unattended.
b. For any impounded animal, except a domesticated dog or cat, all reasonable costs incurred by the city and the animal control authority in connection with the capture and impoundment of the animal shall be the responsibility of the owner of the animal.
- Chickens:
a. Chickens shall be contained within an enclosure or coop with an enclosed runway and an area providing protection from weather.
b. Enclosure or coop shall be in the rear or side yard and shall be setback ten feet from the rear and side yard property line.
c. The enclosure or coop shall be maintained in a clean and sanitary condition and free of offensive odors.
d. The slaughtering of any animal is prohibited in any residential zone.
e. Roosters are prohibited.
f. Chickens under the age of 6 months are not counted towards the maximum number of chickens as provided in Table 16.44.040-1.
g. The commercial keeping of chickens in residential zones is prohibited. (Ord. 610-24 § 10, 2024; Ord. 516 § 2, 2016; Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)
16.44.045 Group Homes. ¶
This section is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Murrieta Municipal Code and not simply skirting the city's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs.
- A. A group home may locate in any single-family zone with a special use permit provided:
- An application for a group home is submitted to the Director by the owner/operator of the group home. The application shall provide the following:
a. The name, address, phone number and driver's license number of the owner/operator;
b. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:
(i) Every general partner of the partnership;
(ii) Every owner with a controlling interest in the corporation; and
(iii) The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder;
c. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;
d. The name, address, phone number and driver's license number of the house manager;
e. A copy of the group home rules and regulations;
f. Written intake procedures;
g. The relapse policy;
h. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home;
i. Blank copies of all forms that all residents and potential residents are required to complete; and
j. A fee for the cost of processing of the application as set by resolution of the City Council.
No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current.
The group home has six (6) or fewer occupants, not counting a house manager, but in no event shall have more than seven (7) occupants. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded.
The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose.
The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four (24) hour basis and who are responsible for the day-to-day operation of the group home.
All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles.
Occupants must not require and operators must not provide "care and supervision" as those terms are defined by California Health and Safety Code § 1503.5 and § 80001(c)(3) of California Code of Regulations Title 22.
Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. Integral facilities include any combination of two (2) or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one (1) operation. Integral uses include any two (2) or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two (2) or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered.
If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property.
The property must be fully in compliance with all building codes, municipal codes and zoning regulations.
At least forty-eight (48) hours prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall:
- a. Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home;
b. Contact the Riverside County Department of Social Services and/or another entity designated by the city to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment;
c. Notify the city's Community Services Department that an occupant is no longer a resident at the home, and determine the services available therefrom;
d. Provide the information obtained from paragraphs b. and c. of this subsection and any other treatment provider or service to the occupant prior to his or her release on a form provided by the city and obtain the occupant's signed acknowledgment thereon;
e. Provided, however, that if the occupant's behavior results in immediate termination of residency pursuant to rules approved by the city as part of the special use permit for that facility, the operator shall comply with paragraphs a. through d. of this subsection as soon as possible.
- Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also:
a. Make available to the occupant transportation to the address listed on the occupant's driver license, stateissued identification card, or the permanent address identified in the occupant's application or referral to the group home;
b. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant.
The group home operator shall maintain records for a period of one (1) year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (A)(10) and (A)(11) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (A)(11) of this section by providing remuneration to the occupant for the cost of transportation.
All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping.
In addition to the regulations outlined above, the following shall also apply to sober living homes:
a. The sober living home is not located within one thousand (1,000) feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility in any single-family zone.
b. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction.
c. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.
d. The number of occupants subject to the sex offender registration requirements of California Penal Code § 290 does not exceed the limit set forth in California Penal Code § 3003.5 and does not violate the distance provisions set forth in California Penal Code § 3003.
e. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol.
f. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.
g. The sober living home shall not provide any of the following services as they are defined by California Code of Regulations Title 9, § 10501(a)(6): detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.
h. An applicant may seek relief from the strict application of this section by submitting an application to the Director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Chapter 16.73 of this Code.
B. The special use permit shall be issued by the Director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections (A)(1) through (A)(14) of this section. At least ten (10) days prior to issuing a special use permit, the Director shall cause written notice to be mailed to the owner of record and occupants of all properties within five hundred (500) feet of the location of the group home. Prior to issuance of the special use permit, the Director shall hold a public hearing for the purpose of receiving information regarding compliance with the applicable provisions of subsections A. and B. of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing, by the Director that any of the following circumstances exist:
Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information;
Any owner/operator or staff person has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.
Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven (7) to ten (10) years, to any of the following offenses:
a. Any sex offense for which the person is required to register as a sex offender under California Penal Code § 290 (last ten (10) years);
b. Arson offenses—Violations of California Penal Code §§ 451—455 (last seven (7) years);
c. Violent felonies, as defined in California Penal Code § 667.5, which involve doing bodily harm to another person (last ten (10) years); or
- d. The unlawful sale or furnishing of any controlled substances (last seven (7) years).
Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.
The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA.
A special use permit for a sober living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the Director that any of the following additional circumstances exist:
- a. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one (1) full year of sobriety.
b. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.
c. The sober living home, as measured by the closest property lines, is located within one thousand (1,000) feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a statelicensed alcoholism or drug abuse recovery or treatment facility moves within one thousand (1,000) feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit.
For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections (A)(10) through (13).
Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to Chapter 16.73 of this Code.
C. Compliance.
Existing group homes must apply for a special use permit within ninety (90) days of the effective date of this section.
Group homes that are in existence upon the effective date of this section shall have six (6) months from the effective date of this section to comply with its provisions, provided that any existing group home, which is serving more than six (6) residents, must first comply with the six (6)-resident maximum. A group home owner and/or operator may, upon written request, be granted extensions of up to a total of six (6) additional months to comply with this section, pursuant to Director approval. Any extensions may be granted only upon a finding that the owner and/or operator has exercised due diligence and taken all reasonable steps to comply with this section. Token or perfunctory actions shall not constitute compliance for purposes of this provision.
Existing group homes obligated by a written lease exceeding one year from the effective date of this section, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one (1) additional year's grace period pursuant to Director approval.
(Ord. 624-25 § 1, 2025)
16.44.050 Child Day-Care Facilities. ¶
This section establishes standards for the provisions of child day-care facilities, in conformance with state law and in a manner that recognizes the needs of day-care operators and minimizes the effects on surrounding properties. These standards apply in addition to the other provisions of this development code and requirements imposed by the California department of Social Services. Licensing by the department of Social Services is required for child day-care facilities.
A. Definitions. For the purpose of this section, the following definitions shall apply. Additional definitions are contained in Article VI (Definitions):
1. Small Family Day-Care Homes (Eight or fewer Children). Allowed within a single-family or a multi-family
residence located in a residential zoning district, with no city land use permits or clearances required;
2. Large Family Day-Care Homes (Nine to fourteen (14) Children). Allowed within a single-family or multi-
family residence located in a residential zoning district with no city land use permits or clearances required; and
3. Child Day-Care Centers. Allowed in the zoning districts determined by Article II (Zoning Districts and
Allowable Land Uses), subject to conditional use permit approval, in compliance with Chapter 16.52, and the standards in subsection B. (Standards for Child Day-Care Centers) below.
- B. Standards for Child Day-Care Centers.
1. Fire Department Standards. The facility shall contain a fire extinguisher(s), CO detector(s), and smoke
detector device(s) and comply with the standards established by the city fire department, as well as, all applicable state requirements.
2. Health and Safety Standards. Each facility shall be inspected by the city for compliance with any regulations
adopted by the state Fire Marshal concerning health and safety standards which are applicable to care facilities.
3. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility within a residential zoning district may only operate up to fourteen (14) hours for each day between the hours of six a.m. and eight p.m. and may only conduct outdoor activities between the hours of seven a.m. and seven p.m.
4. Off-Street Parking Standards. Each facility shall have the number of parking spaces in compliance with
Chapter 16.34 (Parking and Loading Standards).
5. Separation Standards. A residential parcel shall not be bordered on more than one side by a child day-care
facility and a child day-care facility shall not be legally operated on a parcel within three hundred (300) feet of the parcel subject to the application.
6. Fence or Wall. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with Chapter 16.22 (Fences, Hedges, and Walls);
7. Indoor Play Areas. The facility shall be provided with indoor play areas in compliance with state requirements.
8. Outdoor Play Areas. The facility shall be provided with outdoor play areas in compliance with state
requirements; and
9. Swimming Pools/Spas. Swimming pools/spas shall meet County and state requirements.
(Ord. 556 § 14, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 182 § 2 (part), 1997)
16.44.060 Condominium Standards. ¶
1. New Construction Standards
A. Purpose. This section provides standards for the construction of new condominiums as defined by Civil Code
Section 951(f).
B. Applicability. The provisions of this section shall apply to construction of all new multifamily units that are proposed to be condominiums at the time of construction. A subdivision map shall be submitted and processed concurrently with the required development plan for the multifamily project. The subdivision map shall be in accordance with Civil Code Section 951(f) and Section 16.94 Tentative Maps. In addition to the above requirements these standards shall be applicable for any multifamily project if an application for a tentative map is submitted within one year from occupancy.
C. Application Requirements. An application for a subdivision map in accordance with Section 16.94 shall be submitted along with a development plan in accordance with Section 16.56 with sufficient information to evaluate the project for compliance with the provision of Section 16.44.060.1
D. Standards and Guidelines. This section provides minimum standards and guidelines for the construction of new condominium units. All construction shall comply with the requirements listed below:
1. Architecture Design. All structures shall be subject to the design standards for architecture as contained within Section 16.08.040 of this code.
2. Domestic Facilities. Each dwelling shall be provided with its own laundry and waste disposal facilities, or
alternate group facilities shall be provided that are convenient to all dwelling units.
3. Enclosed Private Storage Area. Each unit shall have a private enclosed storage area that is one hundred (100) cubic feet in size. The storage area shall be exclusive of the required parking area within the garage or the required closet areas for each bedroom.
4. Energy Conservation. The project shall include energy and resource conservation measures, including high efficiency thermal insulation, high efficiency heating and cooling equipment, double glazing, water flow restrictors and other similar conservation techniques.
5. Fire Walls. One-hour rated fire walls shall be provided between units.
6. Fire Suppression. Smoke detectors meeting current building code requirements shall be installed in residential units and other enclosed common areas (e.g., hallways, recreation rooms and utility rooms). Additional fire suppression equipment (e.g., alarm systems, fire extinguishers and sprinklers) shall also be provided as recommended by the fire department.
7. Disabled Facilities. Dwelling units should be equipped and improved to accommodate disabled persons as per
the uniform building code.
8. Landscaping. Open areas shall be landscaped with plant material suitable to the local climate. Landscaped areas shall be watered by a full-coverage, automated irrigation system that is maintained in good working order. All landscaping shall be in accordance with Chapter 16.28 of this code.
9. Open Space, Private. A minimum of one hundred (100) square feet of private open space should be provided for each ground floor unit and a minimum of sixty (60) square feet of private balcony or deck area should be provided for each unit above ground level.
10. Open Space, Common. A minimum of two hundred (200) square feet of common useable open space shall be provided for each dwelling unit. Private patios, balconies, and entryways shall not be considered common open space.
11. Parking. See Section 16.34.040 Table 3-7 Condominiums for parking standards and requirements for each unit.
12. Sound Attenuation. Common walls and ceilings of units shall be constructed using techniques to limit noise transmission as specified by the uniform building code or equivalent. Exterior noise shall be attenuated to forty-five (45) dBA inside the dwelling units.
13. Utility. Each dwelling unit shall be provided with its own utility meters as per the requirements of the servicing agency.
2. Conversion Standards
A. Purpose. This section provides standards for the conversion of multi-family dwelling units to residential condominiums, stock cooperatives, or community apartments.
B. Applicability. The provisions of this section shall apply to conversions of existing multi-family dwelling units to condominiums, stock cooperatives, or community apartments which shall require the approval of a conditional use permit (16.52).
C. Application Requirements. An application for a subdivision map to allow a conversion project in compliance with Chapter 16.100 (Condominium Conversions) shall be accompanied by sufficient information to evaluate the project for compliance with the provisions of this section. Required information shall include:
1. General Conditions Report. A report on general structural conditions, addressing foundation, framing, interior and exterior wall coverings, roof, plumbing, electrical wiring, utility connections, built-in house-hold appliances, heating and cooling systems, and sewer evaluation prepared by an independent state licensed structural engineer, architect or general contractor. The report shall address the condition and expected remaining useful life of each respective item;
2. Pest Report. A pest information report addressing the present condition of the structure as it may be affected by termites, dry rot, roaches, or other insects, and recommending work required to render the structure free of infestation;
3. Acoustical Report. An inter-unit acoustical report, certified by a competent expert acceptable to the director;
4. Plot Plan. A fully detailed plot plan drawn to scale;
5. Relocation Plan. A relocation plan which identifies the steps which will be taken to ensure the successful
relocation of each tenant. The relocation plan shall also state what specific relocation assistance ten-ants will be given, including the cost of moving, first and last months' rent, security and cleaning deposits, and phone connection and utility deposits. Particular consideration shall be given to the elderly, handicapped, families with children and other tenants who may encounter difficulty in finding a new residence;
6. Names of Tenants. A list of the names and addresses of the tenants of the project at the time of the application
and two sets of stamped, addressed envelopes;
7 . CC and R's Required. Covenants, conditions and restrictions (CC and R's) shall be submitted for re-view and
approval by the director and city attorney which shall contain at a minimum:
a. The formation of a "Community Association" to provide for the maintenance of common areas;
b. Disclosure of management agreements, maintenance provisions, access for emergency repairs, easements and other similar items;
c. Allocation of off-street parking spaces for residents and guests; and
d. Provisions for establishment of a maintenance and operating budget.
8. Other Information. Other information required by the director to provide a thorough evaluation of the
conversion project.
D. Standards and Guidelines. This section provides minimum standards and guidelines for the conversion of multi-family dwelling units to condominiums, stock cooperatives or community apartments. The guidelines are indicated by the word "should" as opposed to the mandatory "shall". Guidelines shall be implemented to the greatest degree possible.
1. Domestic Facilities. Each dwelling shall be provided with its own laundry and waste disposal facilities, or
alternate group facilities shall be provided that are convenient to all dwelling units.
2. Energy Conservation. The project should include energy and resource conservation measures, including high
efficiency thermal insulation, high efficiency heating and cooling equipment, double glazing, water flow restrictors, solar water heating and other similar conservation techniques.
3. Fire Walls. One-hour rated fire walls shall be provided between units.
4. Fire Suppression. Smoke detectors meeting current building code requirements shall be installed in residential units and other enclosed common areas (e.g., hallways, recreation rooms and utility rooms). Additional fire suppression equipment (e.g., alarm systems, fire extinguishers and sprinklers) shall also be provided as recommended by the fire department.
5. Disabled Facilities. Dwelling units should be equipped and improved to accommodate disabled persons as per
the uniform building code.
6. Landscaping. Open areas shall be landscaped with plant material suitable to the local climate. Landscaped
areas shall be watered by a full-coverage, automated irrigation system that is maintained in good working order.
7. Open Space, Private. A minimum of one hundred (100) square feet of private open space should be provided for each ground floor unit and a minimum of fifty (50) square feet of private balcony or deck area should be provided for each unit above ground level.
8. Open Space, Common. A minimum of two hundred (200) square feet of common useable open space should be provided for each dwelling unit. Private patios, balconies, and entryways shall not be considered common open space.
9. Parking. A minimum of two covered off-street parking spaces shall be provided for each dwelling unit unless
modified by the commission. Guest parking should be provided at the rate of one space for each three units.
10. Public Works. Missing or damaged street improvements, including the following, shall be repaired or replaced:
a. Curb and gutter;
b. Sidewalks;
c. Drive aprons;
d. Street lights; and
e. Street trees.
Public improvements to be constructed in conjunction with the conversion project and shall be completed prior to final inspection and release by the building department.
11. Sound Attenuation. Common walls and ceilings of units shall be constructed or upgraded using techniques to limit noise transmission as specified by the uniform building code or equivalent. Exterior noise shall be attenuated to forty-five (45) dBA inside the dwelling units.
12. Structural Condition. Structures shall be in sound condition, pest and vermin-free, watertight.
13. Utility. Utility systems shall be in sound, safe, and fully-operable condition. Each dwelling unit shall be provided with its own utility meters.
E. Tenant Relocation/Purchase Provisions. The applicant shall give written notice to tenants ten days prior to the date of public hearings relating to the conditional use permit application for the condominium conversion. Tenants at the time of city approval shall be given a notice of intent to convert at least one hundred twenty (120) days prior to the date of conversion and the right to purchase, exercisable within sixty (60) days in compliance with state law. The applicant shall provide qualified tenants of the development the following minimum benefits.
- Relocation assistance benefits shall be paid to tenants of the development at the time of city approval of the conversion and who remain as tenants for at least one hundred (120) days thereafter, and to persons who become tenants after city approval and who have not been given written notice by the developer of the intended conversion prior to becoming a tenant. The relocation assistance benefit shall be payable only to tenants who desire to relocate. The relocation assistance benefit shall be determined on a per unit basis, to be shared among the tenants of the unit. The amount of the relocation assistance benefit shall be equal to twice the last month's rent. Rent reduction or waiver may be included for consideration. The minimum amount may be increased from time to time by resolution of the council.
e only to tenants who desire to relocate. The relocation assistance benefit shall be determined on a per unit basis, to be shared among the tenants of the unit. The amount of the relocation assistance benefit shall be equal to twice the last month's rent. Rent reduction or waiver may be included for consideration. The minimum amount may be increased from time to time by resolution of the council.
Rents may not be increased following approval of a tentative map or conditional use permit without prior council approval.
A percentage or dollar discount shall be offered tenants desiring to purchase their unit together with special financing mechanisms or purchase plans.
Provisions for special protection of longer term occupancies or greater cash assistance shall be available to households of the elderly (sixty (60) years of age or older), the disabled, as defined in the United States Code, Title 42, Section 423, or handicapped persons, as defined in the California Health and Safety Code, Section 50072.
Provisions shall be made for the following:
a. Refund of cleaning and security deposits;
b. Additional cash payments for moving or inconvenience expenses (e.g., time off from work, transportation,
etc.);
c. Availability of a relocation coordinator;
d. Directory of available units or other relocation assistance; and
e. Other provisions necessary to assist tenants in relocation or purchase.
- Provisions shall be made so that tenants are not unreasonably disturbed during construction, remodeling or sales activity, and except in an emergency, shall be provided at least two days notice prior to requiring access for repair, improvements, inspection or showing to a prospective purchaser or mortgagee. Tenants shall not refuse reasonable access for these purposes.
(Ord. 269 § 2 (part), 2002; Ord. 182 § 2 (part), 1997)
16.44.070 Reserved. ¶
(Ord. 492 Exhibit 11, 2014; Ord. 182 § 2 (part), 1997)
16.44.080 Drive-In and Drive-Through Facilities. ¶
Retail trade or service uses providing drive-in/drive-through facilities shall be designed and operated to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise and unsightliness.
A. Drive-through aisles shall have a minimum ten-foot interior radius at curves and a minimum twelve- (12-) foot width. Each drive-through entrance/exit shall be at least fifty (50) feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least twenty-five feet from the curb cut on an adjacent property. Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs/pavement markings.
B. Each drive-through aisle shall be separated by curbing and landscaping from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
C. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.
FIGURE 3-13
DRIVE-THROUGH FACILITY DESIGN
D. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.
E. Drive-through aisles shall provide adequate on-site queuing distance to accommodate six cars (one hundred twenty (120) feet) before the first stopping point (e.g.. menu board, teller window, automatic teller machine). No portion of the queuing aisle shall serve double duty as a parking aisle.
F. Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking lots.
G. A six-foot high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the
approval of the director. (Ord. 182 § 2 (part), 1997)
16.44.085 Gated Communities. ¶
Gated residential communities shall be developed and maintained in accordance with this section.
A. Required Access. Gated developments shall install and maintain in good working order emergency public safety access consistent with fire and police requirements.
(Ord. 536-18 § 2 (part), 2018; Ord. 332 § 2, 2005)
16.44.090 Hotels and Motels. ¶
A. Design Issues. Hotels and motels are quasi-residential uses and should be designed and sited to minimize the effect of noise from Murrieta's two freeways. Although they are quasi-residential, the scale of, and activities associated with hotels and motels often make them problematic neighbors for adjacent residential properties. If a residential interface cannot be avoided, it should be carefully designed to mitigate any potential adverse impacts on existing or future adjacent residents. Because hotel and motel architecture is often thematic, presenting a strong temptation to over design the building's front and to neglect the other sides, it is important to remember that all sides of a building require consistent architectural treatment.
B. Site Planning.
The primary presence along the major street frontage shall be the building and driveway approach, not the parking lot.
Only a few (no more than five) short term parking spaces shall be provided near the office for check-ins.
Exterior corridors on multi-level buildings are strongly discouraged and shall not be located adjacent to residential uses.
Delivery and loading areas shall not be located where visible from residential uses.
Mechanical equipment of all types, including swimming pool equipment, shall be located to assure that it cannot be heard at any residential property line.
Recreational facilities (e.g.. as swimming pools) shall be located where guests can use them in some privacy; they shall not be exposed to public streets to function as advertising.
Avoid locating driveway, garage ramps or loading and service areas where they interfere with the flow of pedestrian movement or impact the privacy of guest rooms.
Utilize parking lots and other open spaces on the site to help buffer the hotel/motel from any adjacent incompatible uses.
C. Building Design.
Noise attenuation techniques shall be included in the design of buildings near major noise generators, (e.g., major streets, freeway). Techniques may include: double paned glass, earthberms, thick tree groves over thirty (30) feet in depth or lowering the grade of the subject building below the roadway elevation. Solid masonry walls over five feet high are not desirable in Murrieta.
The scale of buildings shall be related to the surrounding development patterns.
Walkway. stairway, and balcony railings and other similar details shall be visually substantial (handrails with a thickness exceeding two and one-half (2½) inches and balusters over two inches thick) and stylistically consistent with the basic building design.
Air conditioning units shall not be visible from public streets. Structures over three stories shall avoid exterior exposed air-conditioning units for each room.
Guest rooms shall be accessible from hallways within the hotel, not exterior balconies. Avoid room en-trances directly adjacent to parking lots or exterior walkways.
FIGURE 3-15
(Ord. 182 § 2 (part), 1997)
16.44.100 Mixed Use Projects. ¶
A. Design Issues. For the purpose of this section multiple or mixed use projects are defined as developments that combine both commercial/office and residential uses or structures on a single lot, or as components of a single development. The uses may be combined either vertically within the same structure, or spread horizon-tally on the site in different areas and structures.
The primary design issue related to mixed use projects is the need to successfully balance the requirements of residential uses. (e.g., the need for privacy and security) with the needs of commercial uses for access, visibility, parking, loading, and possibly extended hours of operation.
B. Site Planning.
- Mixed use projects that provide commercial space on the ground floor with residential units above are encouraged over projects that provide commercial structures on the front portion of the lot with residential uses placed at the rear of the lot. This latter configuration does not meet the intent of a true mixed use project which incorporates vertical integration of uses.
However, a horizontal separation (commercial to the front, residential to the rear) of uses may be appropriate depending on the size of the site and available access.
Separate site access drive and parking facilities shall be provided for residential uses and commercial uses in compliance with Chapter 16.34 (Off-street Parking and Loading).
If enclosed parking is provided for the entire complex, separate levels shall be provided for residential and commercial uses with separate building entrances.
Site access drives shall incorporate distinctive architectural elements and landscape features which help to differentiate access to commercial parking areas from residential areas. Security gates shall be considered for access to residential uses and residential parking areas, as well as to securing commercial parking areas when businesses are closed.
When a mixed use project is designed as separate structures on a lot with the commercial uses along the street and residential uses at the rear, a decorative masonry wall with security gates shall separate the uses.
Loading areas and refuse storage facilities shall be located as far as possible from residential units and shall be completely screened from view from adjacent residential portions of the project. The location and design of trash enclosures shall account for potential nuisances from odors.
Parking lot lighting and security lighting for the commercial uses shall be appropriately shielded so as not to spill over into the residential area. Residential units shall also be shielded from illuminated commercial signing.
Open space intended for use by `"residents only"" may not be accessible from commercial areas. Open space and courtyards in commercial areas may be accessible to residential occupants and visitors.
When residential and commercial uses are provided in the same structure, separate entrances shall be provided for each use.
C. Building Design.
The architectural style and use of materials shall be consistent throughout the entire project. Differences in materials and/or architectural details should only occur on a structure where the intent is to differentiate between the residential scale and character of the structure and the commercial scale and character.
The design of storefronts shall be consistent with the design guidelines for commercial development. The residential portion of a mixed use structure shall be consistent with the design guidelines for multi-family residential development.
Projects three stories or less in height shall incorporate full roofs on at least fifty (50) percent of the roof area.
Structures with heights greater than three stories shall set back upper portions of the structure a minimum of ten feet for each additioual two stories.
5 . All roof mounted equipment shall be screened in compliance with Section 16.18.120 (Screening and Buffering). Special consideration should be given to the location and screening of noise generating equipment (e.g., refrigeration units, air conditioning, and exhaust fans). Noise reducing screens and insulation may be required where equipment has the potential to impact residential uses.
(Ord. 182 § 2 (part), 1997)
16.44.110 Office Buildings. ¶
A. Design Issues. While office buildings are found on every kind of commercial street, they have functional characteristics that result in physical forms different from other commercial development: intensity of use is lower; buildings are typically 'live' on all four sides; office activities are not limited to the first floor; building perimeters have fewer entries and no display windows and thus have more opportunity for landscaping. Because their use patterns differ significantly from retail commercial, there is more opportunity to site office buildings up toward the street with parking behind. This arrangement is strongly encouraged even where the pattern is not an established one.
B. Site Planning.
1 . Buildings shall be placed at the minimum required front setback. Alternate solutions may be considered that are determined to provide a superior solution to protecting neighboring sensitive land uses or orienting the building toward a freeway frontage to enhance the community image.
Multi-story building shall not be placed adjacent to the private open space areas of residential uses. First floor may be adjacent to setback; second and third floors shall be setback an additional foot for each additional foot in height.
Office buildings should have the primary entry from the public street with secondary entries from any onsite pedestrian paths or parking areas.
C. Building Design.
1 . Large or long unadorned wall planes shall be avoided. As a general standard, building surfaces over two stories high or fifty (50) feet in length will need to be relieved with a change of vertical and horizontal wall plane that provides strong shadow and visual interest.
Clear glass shall be used for ground floor windows where pedestrian traffic is high and there is any potential for retail, food service of other service occupancy.
Building entries shall be protected from inclement weather and should afford a 'sense of entry' for the structure.
(Ord. 337 § 2, 2005; Ord. 182 § 2 (part). 1997)
16.44.115 Electric Vehicle Parking Requirements. ¶
A. Definitions.
Electric Vehicle (EV) . An automotive-type of vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles and the like, primarily powered by an electric motor that draws from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electric current.
EV Capable Space . A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.
EV Ready Space. A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.
Level 2 EV Supply Equipment (EVSE). The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises and the electric vehicle.
B. Standards.
A parking space served by EVSE shall count as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements as established by the City.
An accessible parking space with an access aisle served by EVSE shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements as established by the City.
EV Ready and EVSE spaces must be identified by signage or pavement markings that comply with Caltrans requirements.
The number of EV Capable spaces and EV Ready spaces will comply with California Green Building Standards Code.
C. Requirements per Development Type.
| C. Requirements per Development Type. | C. Requirements per Development Type. |
|---|---|
| TABLE 16.44.115-1 ELECTRIC VEHICLE PARKING REQUIREMENTS AT A LOCATION |
|
| Occupancy Type | EVSE Parking Requirement (round up to nearest parking space) |
| One- and Two-Family Homes, Multi-Family Dwellings with Private Garages |
Installation of one Level 2 or greater EVSE per enclosed garage |
| Multi-Family Dwellings without Private Garages, Hotels and Motels |
Install Level 2 EVSE for 6% of total parking spaces required |
| Non-Residential Development | Install Level 2 EVSE for 4% of total parking spaces less than 200 parking spaces. Install Level 2 EVSE for 5% of total parking spaces for 200 or greater parking spaces. |
(Ord. 598-23 § 2, 2023; Ord. 566 § 15, 2020)
16.44.120 Outdoor Display and Sales Standards. ¶
This section provides development and operational standards for outdoor uses. including temporary outdoor display and sales (subsection A below), permanent outdoor display and sales (subsection B below) and outdoor dining and seating areas (subsection C below).
A. Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the
approval of a temporary use permit, (I 6.70) in compliance with, but not limited to, the following standards:
1. Fixed Period of Time. Provision for a fixed period of time as specified by the permit, or where not specified,
not to exceed one hundred eighty (180) days for a temporary event;
2. Nuisance Factors. Regulation of nuisance factors including, but not limited to, prevention of glare or direct
illumination on adjacent parcels, dirt, dust, gases, heat, noise. odors, smoke, waste and vibration;
3. Operating Hours. Regulation of operating hours and days, including limitation of the duration of the
temporary event, as identified in subsection (A)(1) above;
4. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including
vehicular ingress and egress and public transportation. if applicable, in compliance with Chapter 16.34 (Off-street Parking and Loading Standards);
5. Performance Bond. Submission of a performance bond or other surety measures, satisfactory to the di-rector. to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, litter or any other evidence of the temporary event upon completion or removal of the event, restored to the former condition and shall continue to be used in compliance with this development code;
6. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate:
7. Security. Provision for security and safety measures, if applicable;
8. Setbacks. Appropriate setbacks shall be maintained to ensure adequate separation from adjacent land uses and
a safe environment for pedestrians and vehicles;
9. Signs. Regulation of signs. in compliance with Chapter 16.38 (Signs):
10. Temporary Structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces. including buffer areas and other yards;
11. Waste Collection and Disposal. Provision for solid, hazardous and toxic waste collection, recycling and/or disposal;
12. Other Conditions. Any other conditions which will ensure the operation of the proposed temporary event in an orderly and efficient manner and in full compliance with the purpose/intent of this section.
B. Permanent Outdoor Displays and Sales. The permanent outdoor display/sale of merchandise shall comply with the following standards and shall be subject to the approval of a minor conditional use permit in compliance with Chapter 16.52.
1. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of twelve (12) feet above finish grade. Heights greater than twelve (12) feet may be allowed subject to the approval of the director.
2. Location. Outdoor sales areas shall be located entirely on private property. Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required. the outdoor sales area shall be set back a minimum of ten feet from adjacent property line(s) unless otherwise allowed by the director.
3. Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and de-fined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic:
4. Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying
a permanent structure on the subject parcel; and
5. Signs. Additional signs, beyond those normally allowed for the subject use. shall not be provided as a result of
the outdoor display and sales area.
C. Outdoor Dining and Seating Areas. Outdoor dining and seating areas are allowed subject to the Outdoor Seating Design Guidelines on file in the Planning Department offices at City Hall. The application review processes shall be as shown in the table below:
| Review Process | Circumstances |
|---|---|
| Staff Approved Development Plan | No more than 8 seats; complies with the Development Code and the Outdoor Seating Design Guidelines |
| Director Approved Development Plan per Chapter 16.56 |
More than 8 seats and/or will share seating with multiple businesses; complies with the Development Code and the Outdoor Seating Design Guidelines |
| --- | --- |
| Minor Conditional Use Permit per Chapter 16.52 |
More than 8 seats and/or will share seating with multiple businesses; and 1. Does not comply with the Outdoor Seating Design Guidelines; 2. Significantly intensifies a use; or 3. Changes the exterior of the building |
1. Public Property. Outdoor seating is prohibited on public property.
2. Physical Separation Required. When outdoor restaurant seating is directly abutting public property or right-
of-way, a physical separation shall be in place along the boundary. The separation shall be in the form of an approved fence and/or landscaped planter(s) with a minimum height of three (3) feet, but no higher than four (4) feet.
3. Alcoholic Beverage Service. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control. In addition, any perimeter fence and/or landscaped planter(s) shall be designed to clearly restrict alcohol from being taken outside the restaurant seating area.
4. Perimeter Barrier Design Compatibility. The physical design of the fence and/or landscaped planter(s) shall
be compatible with the design of the building housing the dining use.
5. Pedestrian and Handicapped Accessibility. Outdoor seating shall comply with standards for pedestrian
circulation and handicapped access.
6. Parking Requirements. Outdoor dining and seating areas with eight (8) or fewer seats shall not be required to provide additional off-street parking. Outdoor seating areas with more than eight (8) seats shall comply with the requirements for off-street parking in Chapter 16.34 of the Development Code. The Director may adjust the parking requirements for outdoor seating areas with twenty (20) or fewer seats when the seating is operated on a seasonal basis.
7. Common Outdoor Seating Areas. Outdoor seating areas that are used in common with several restaurants or tenants within a commercial center shall not be required to provide additional off-street parking for these common outdoor areas unless they exceed four (4) seats per restaurant.
8. Design Compatibility. To ensure compatibility with surrounding uses and a high standard of design quality,
the following standards shall apply:
a. Compatible Elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the primary structure(s) on the premises. No advertising or business identification signs shall be part of an outdoor seating area;
b. Entertainment. Outdoor dining and seating areas that provide dancing, amplified music or entertainment shall require the preparation of a noise analysis and will be required to comply with noise mitigation measures;
c. Sensitive Receptors. Outdoor dining and seating areas and their relation to churches, hospitals, public schools, and residential uses shall be considered by the review authority. Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise;
d. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow or necessitate the removal of existing pedestrian or vehicular movement areas;
e. Separation Requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of two hundred (200) feet, except in mixed-use projects; or when the Director determines that an adequate physical barrier (e.g., street or building) is present to mitigate potentially adverse effects;
f. Setbacks. Outdoor dining and seating areas shall be setback a minimum of five (5) feet from property lines and parking lots; and
g. Waste Receptacles. Waste receptacles shall be provided in outdoor seating areas.
9. Maintenance. All outdoor seating areas shall be kept in good condition, both aesthetically and structurally. (Ord. 412 § 4, 2008; Ord. 182 § 2 (part), 1997)
16.44.130 Outdoor Storage. ¶
This section establishes standards for the location. screening, and operation of outdoor storage areas.
A. Outdoor Storage Areas. Where allowed by Article 1I (Zoning Districts and Allowable Land Uses), outdoor storage areas shall be entirely enclosed and screened by a solid fence or wall a minimum of six feet in height in conjunction with landscape screening.
B. Review and Approval Required. Any use proposing outdoor storage or other outdoor business activities shall require a minor conditional use permit pursuant to Chapter 16.52 (Conditional Use Permits) of this title. (Ord. 430-10 § 5, 2010; Ord. 182 §2 (part), 1997)
16.44.140 Recycling Facilities. ¶
This section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.
A. Permit Requirements. Recycling facilities are subject to permit review/approval in compliance with Article II (Zoning Districts and Allowable Land Uses) provided the following standards are met.
B. Development and Operating Standards. Recycling facilities shall comply with the following standards:
1. Reverse vending Machines. Reverse vending machine(s) shall be allowed in all commercial and
manufacturing zoning districts, subject to compliance with the following standards:
a. Machines shall be installed as an accessory use in compliance with the applicable provisions of this development code, and shall not require additional parking;
b. If located inside of a structure, shall be within thirty (30) feet of the entrance and shall not obstruct pedestrian circulation;
c. If located outside of a structure, shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof material(s);
d. Shall not exceed fifty (50) square feet for each installation, including ally protective enclosure, nor eight feet in height;
e. Shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;
f. Shall have operating hours which are consistent with the operating hours of the main use; and
g. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with Section 16.18.100 (Lighting).
2. Small Collection Facilities. Small collection facilities are allowed only in compliance with Article II (Zoning
Districts and Allowable Land Uses) provided the following standards are met.
a. Shall not exceed an area of five hundred (500) square feet nor five parking spaces, not including space that will be periodically needed for the removal of materials or exchange of containers;
b. Shall be set back at least fifteen feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;
c. Shall accept only glass, metal or plastic containers, paper, and reusable items;
d. Shall not use power-driven processing equipment except for reverse vending machines;
e. Shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the
collection schedule;
f. Shall not be located within fifty (50) feet of any parcel zoned or occupied for residential use;
g. Collection containers and site fencing shall be of a color and design to be compatible and harmonious with the surrounding uses and neighborhood;
h. Signs may be provided as follows:
- Recycling facilities may have identification signs with a maximum area of fifteen (15) percent for each side of the structure or twelve (12) square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;
- Signs shall be both compatible and harmonious with the character of their location; and
- Directional signs, consistent with Chapter 16.38 (Signs) and without advertising message, may be installed with the approval of the director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
i. The facility shall not impair the landscaping required by Chapter 16.28 (Landscaping) for any concurrent use allowed by this development code;
j. Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed;
k. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
- Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below
the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site; and
m. Shall be subject to landscaping and/or screening as determined through development review.
3. Large Collection Facilities. A collection facility that is larger than five hundred (500) square feet, or on a
separate parcel not accessory to a main use, is allowed in the industrial zoning districts in compliance with Article II (Zoning Districts and Allowable Land Uses) provided the following standards are met.
a. The facility shall not abut a parcel zoned or occupied for residential use;
b. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;
c. Structure setbacks and landscaping shall be provided as required for the zoning district;
d. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required screen walls;
e. The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;
f. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred (100) feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and
- g. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable on adjoining parcels.
4. Processing Facilities. Processing facilities are allowed in the industrial zoning district subject to a conditional
use permit and compliance with the following standards:
a. The facility shall not abut a parcel zoned or occupied for residential use;
- b. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shred-ding, and sorting of source-separated recyclable materials and repairing of reusable materials;
c. A light processing facility shall not exceed forty-five thousand (45,000) square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals
other than beverage and food containers.
A heavy processor may exceed forty-five thousand (45,000) square feet and two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities;
d. Exterior storage of material shall be in sturdy containers or enclosures that are maintained and se-cured in good condition. Outdoor storage shall be from public rights-of-way by solid masonry walls. Storage, excluding truck trailers, shall not be visible above the height of the required screen or walls;
e. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred (100) feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and
f. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable on adjoining parcels.
5. Time Limits. Uses approved in compliance with this section shall have a maximum term established by the permit approval process. Before permit renewal, the director shall consider the permittee' s history of compliance with the established conditions of approval, as well as all applicable provisions of this development code.
C. General Standards. Recycling facilities shall comply with the following standards:
1. Signs. Facilities shall be provided with identification and informational signs that meet the standards of the
applicable zoning district:
a. Collection containers and reverse vending machines shall be clearly marked to identify the type of material which may be deposited, and display a notice stating that discarded material shall not be left outside of the recycling enclosure or machine; and
b. The facility shall be clearly marked to identify the name and telephone number of the operator and the hours of operation.
c. Additional identification and directional signs without an advertising message may be installed with the approval of the director, if necessary to facilitate traffic circulation.
2. Refuse Disposal. The facility shall maintain adequate on-site refuse containers for the disposal of
nonrecyclable and nonhazardous waste materials.
- (Ord. 538, Exhibit A (part), 2018; Ord. 392 § 3, 2007; Ord. 182 § 2 (part), 1997)
16.44.150 Residential Accessory Uses and Structures. ¶
This section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel. Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas and workshops. Accessory structures must obtain development plan approval pursuant to Chapter 16.56 (Development Plan Permits) of this title if a new accessory structure or addition results in an increase of more than one thousand (1,000) square feet, unless otherwise identified in this Section. Accessory dwelling units (ADUs) are separately defined by state law from residential accessory uses and structures. Please see Section 16.44.160 (Accessory Dwelling Units) for definitions, criteria, and processing requirements.
A. General Requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.
1. Relationship of Accessory Use to the Main Use. Accessory uses and structures shall be incidental to and not alter the residential character of the site.
2. Attached Structures. An accessory structure that is attached to a main structure shall be architecturally compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure). It shall also comply with the requirements of this development code applicable to the main structure, including but not limited to setbacks, heights, and lot coverage, unless a minor variance is approved. For accessory
structures that propose an ADU component, please refer to Section 16.44.160 and Government Code 65852.2 for criteria with respect to the ADU components of the structure.
3. Detached Structures:
a. Coverage. The floor area of a single detached accessory structure shall not exceed one thousand (1,000) square feet, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the required rear yard of the parcel. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area.
b. Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property whenever feasible. For accessory structures that propose an ADU component, please refer to Section 16.44.160.F.2 for the exterior design criteria.
c. Setback Requirements. Setbacks shall be as provided by Table 16.44.150-1 (Required Setbacks— Accessory Uses and Structures). For accessory structures that propose an ADU component, please refer to Section
16.44.160.F.1 for the setback criteria with respect to the ADU component of the structure.
d. Height. The maximum height of an accessory structure shall be in compliance with the height restriction for the zone, and shall not be greater than the height of the primary residence on the lot. An accessory structure proposing an ADU component shall be permitted to exceed the height of the primary residence for the portion of accessory structure containing and for accessing the ADU.
B. Antennas. Antennas are subject to the provisions of Section 16.44.170 (Telecommunications Facilities).
C. Garages. A detached accessory garage shall not be greater than one thousand (1,000) square feet or fifty (50) percent of the square footage of the main dwelling unit, whichever is less, or two thousand (2,000) square feet or fifty (50) percent of the square footage of the main dwelling unit in rural residential zones, whichever is greater. Size deviation may be authorized pursuant to section 16.56.020 (A).
D. Greenhouses. An accessory greenhouse may occupy up to five hundred (500) square feet for each dwelling unit or ten percent of the parcel, whichever is less.
E. Guest Living Quarters. Guest living quarters can be attached or detached for temporary use by guests or family members of the primary residence. Guest living quarters do not include a kitchen or wet-bar and may occupy up to 500 square feet and include restroom facilities.
F. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:
1. Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their guests; and
2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the building code.
3. Setbacks. Swimming pool/spa shall maintain the required setback which is measured from water edge to property line for in-ground pool/spa and from the outside edge of the structure to property line for above ground pool/spa, and other above-ground structures such as slides, pool grottos, waterfalls, etc.
G. Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following provisions:
1. Fencing: Shall be subject to the height limits of Chapter 16.22 (Fences, Hedges and Walls); and
2. Lighting. Court lighting shall not exceed a maximum height of twenty (20) feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 16.18.100 (Lighting).
H. Workshops and Studios. Accessory structures intended for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. are subject to the following standards when located in a residential zoning
district:
1. Limitation on Use: An accessory structure may be constructed or used as a studio or workshop in any
residential zoning district for the following noncommercial activities:
a. Amusements or hobbies;
b. Artistic endeavors (e.g., painting, photography or sculpture);
c. Maintenance of the main structure or yards;
d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or
e. Other similar purposes. Use of an accessory workshop for commercial activity shall be subject to the standards for home occupations, in compliance with Chapter 16.60; and
2. Floor Area. A workshop shall not occupy an area larger than one thousand (1,000) square feet, except where a
workshop is combined with a garage. In this case subsection C (Garages), above, shall apply.
I. Rooming and Boarding House. A rooming and boarding house as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards (Short-Term Vacation Rentals that are regulated separately fall outside of this criteria. See Chapter 5.27 (Short-Term Vacation Rentals) of the Murrieta Municipal Code for further criteria on these uses):
1. Filing Requirements. In addition to the regular application information, the application for a conditional use
permit for a rooming and boarding house shall include the following information:
a. Any proposed restrictions or limitations on the resident profile, such as men only, women only, families with children, elderly or special needs;
b. The number of rooms to be used for sleeping purposes, and the maximum number of residents including onsite management staff, if any; and
c. Any proposed limitations on the maximum stay for each resident.
2. Site Location Criteria. In evaluating a proposed rooming and boarding house the following criteria shall be
considered:
a. Compatibility of the proposed use with neighboring uses;
b. Whether the use will result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;
c. The proximity of the use to shopping and services, and access to public transportation; and
d. To avoid an over-concentration of rooming and boarding houses there shall be a minimum separation requirement of five hundred (500) feet, measured from the nearest outside building walls, between the subject use and any other rooming and boarding home or other group housing as defined in this title or in state law.
3. Development Standards. Any rooming and boarding house shall comply with the following:
a. Structures and landscaping shall be compatible with the character of the surrounding neighborhood;
b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on site;
d. All setback standards of the underlying zone shall be met; and
e. Signs as permitted in Chapter 16.38.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with
Chapter 16.52 of this title.
5. Existing Facilities. Upon the expiration of any conditional use permit, an existing rooming and boarding
house or sober living home must comply with the requirements of this section.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants or residents, or any modifications to the conditions of approval pursuant to the required conditional use permit, shall require the immediate submittal of a request for revision of the required conditional use permit.
J. Parolee-Probationer Home. A parolee-probationer home, as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards.
1. Filing Requirements. In addition to the regular application information, the application for a conditional use
permit for a parolee-probationer home shall include the following information:
a. Client profile (the subgroup of the population the facility is intended to serve);
b. Maximum number of occupants, including support staff;
c. Proposed maximum stay for each parolee-probationer;
d. A description of support services to be provided on-site and projected staffing level, if any;
e. Site plan and floor plans; and
f. Rules of conduct and business management plan.
2. Site Location Criteria. In evaluating a proposed parolee-probationer home, the following criteria shall be
considered:
a. Compatibility of the proposed use with neighboring uses;
b. Whether establishment of the facility will not result in harm to the health, safety or general welfare of the
surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;
c. Facility shall be located along or near a collector or arterial street with reasonable access to public transportation;
d. Facility shall be accessible to necessary support services;
e. To avoid an over-concentration of parolee-probationer homes, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other parolee-probationer home or other group housing as defined in this title or in state law;
f. To avoid an over-concentration of group housing facilities, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other group housing set forth in this subsection; and
g. That parolee-probationer homes shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth (12th) grade), student housing, senior housing, child care facilities, public parks and trails, or businesses licensed for on- or off-site sales of alcoholic beverages, as measured from any point on the outside walls of the parolee-probationer home to the nearest property line of the noted use.
3. Development Standards. Any parolee-probationer home shall comply with the following:
a. Facility shall be compatible with the character of the surrounding neighborhood;
b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be
determined by the approving authority based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on-site;
d. All setback standards of the underlying zone shall be met;
e. Signs as permitted in Chapter 16.38;
f. On-site staff supervision shall be required for parolee-probationer homes during all hours of operation;
g. Individual client stays at parolee-probationer homes shall not exceed one hundred eighty (180) days; and
h. The facility's management shall participate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the city and as required under the conditional use permit and, if the
program offers certification, then that certification shall be obtained and maintained in current status.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with
Chapter 16.52 of this title.
5. Existing Facilities.
a. Upon the expiration of any conditional use permit, an existing parolee-probationer home must comply with the requirements of this Section 16.44.150.J.
b. An existing parolee-probationer home established pursuant to any conditional use permit discontinued for any period of time, excluding a maximum thirty- (30-) day closure required to perform necessary repair or restoration which does not increase the square footage of the residence, is deemed abandoned and any subsequent establishment of a parolee-probationer home on the premises shall be required to first obtain a new conditional use permit.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants, residents or parolees-probationers, or modifications to the conditions of approval pursuant to the required conditional use permit shall require the immediate submittal of a request for revision of the required conditional use permit.
K. Cargo Containers As An Accessory Structure. The purpose of this section is to allow cargo containers to be placed on private property in a permanent manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate residential neighborhood and will not become a nuisance to the community.
1. Permanent use.
a. It shall be limited to one (1) cargo container for parcels between one (1) and two (2) acres. One (1) additional container may be proposed for parcels greater than two (2) acres.
b. The permanent placement of a cargo container shall be limited to the Rural Residential (RR) and Estate Residential 1 (ER-1) zones that are greater than one (1) acre or more.
c. The approval shall be specific to a location and shall not be transferable to other locations or property.
d. It shall meet all requirements as set forth in the California Building and Fire Code(s).
e. It shall be limited to a “storage occupancy” as categorized under the California Building and Fire Code(s).
f. It shall be accessory to the primary use of the property for the storage of nonflammable, noncombustible, nonhazardous materials and supplies.
g. The cargo container shall be modified in such a manner to match the main residential structure in terms of exterior colors, trim, and roofing style. On larger parcels, over two (2) acres or more, the modifications shall be limited to the paint color of the exterior in terms of matching the main residential structure.
h. Structure setbacks shall be provided as noted in Table 16.44.150-1.
i. It shall comply with and height and lot coverage thresholds as defined within Rural Residential (RR) and the Estate Residential 1 (ER-1) zones.
j. Landscape screening methods shall be provided on-site for the portions of the container visible from the public right-of-way to the satisfaction of the Development Services Director or their designee.
k. Existing cargo containers at existing residential properties can remain in place 18 months from the effective date of Ordinance___.
TABLE 16.44.150-1
REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES
| REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES | REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES | REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES |
|---|---|---|
| Single-family Homes | ||
| Accessory Structure | Type of Setback1 | Required Setback2 |
| --- | --- | --- |
| Single-family Homes | ||
| Accessory Structure | Type of Setback1 | Required Setback2 |
| Garage, gazebo, greenhouse, patio cover, storage shed, workshop (more than one hundred twenty (120) square feet) |
Side and rear | Five feet; unless adjacent to a public street when the setback shall be ten feet |
| Gazebo, greenhouse, patio cover, storage shed, (less than one hundred twenty (120) square feet)3 |
Sides and rear | Three feet to the furthest projection |
| Swimming pool, spa, fish pond, outdoor play equipment4 |
Sides and rear | Five feet |
| Stationary barbecue, fire pit, propane tank | Front, sides and rear |
Ten feet Three feet for non-high-fire zone areas of the City. For high-fire zone areas, please contact the City prior to placement for the minimum distance required to comply with the California Fire Code |
| Air conditioning equipment, pool and spa equipment, ground-based antennas |
Sides and rear | Four feet |
| Cargo Containers As An Accessory Structure7 |
Front, Side, min. distance from another structure, rear |
Twenty-five feet Ten feet, Eight feet |
| Exterior staircases for balconies, pool slides | Front, Side, min. distance from another structure, Rear |
Same as the main structure Shall meet the minimum requirements as provided under the California Fire and Building Code(s) |
| Decks exempted from a building permit | All sides | Shall meet the minimum requirements as provided under the California Fire and Building Code(s) |
| Decks requiring a building permit (Over 18 inches in vertical height) |
All sides | Shall meet the minimum requirements as provided under the California Fire and Building Code(s) |
| Multi-family Homes | ||
| Garage, gazebo, greenhouse, patio cover, storage shed, workshop |
All sides | Five feet; unless adjacent to a public street where the setback shall be ten feet |
| Gazebo, greenhouse, patio cover, storage shed, (less than one hundred twenty (120) square feet)3 |
All sides | Three feet to the furthest projection |
| Swimming pool, spa, fish pond, outdoor play equipment, waterslide4 |
All sides | Ten feet |
| Stationary barbecue, fire pit, propane tank | Sides and rear Front Sides and rear |
Ten feet Three feet for non-high-fire zone areas of the City. For high-fire zone areas, please contact the City prior to placement for the minimum |
| distance required to comply with the | ||
| --- | --- | --- |
| California Fire Code | ||
| Air conditioning equipment, pool and spa | Sides and rear | Five feet |
| equipment, ground-based antennas6 | ||
| Exterior staircases for balconies, pool slides | Front, | Same as the main structure |
| Side, min. distance from another | Shall meet the minimum requirements as | |
| structure, | provided under the California Fire and | |
| Rear | Building Code(s) | |
| Decks exempted from a building permit | All sides | Shall meet the minimum requirements as |
| provided under the California Fire and | ||
| Building Code(s) | ||
| Decks requiring a building permit (Over 18 | All sides | Shall meet the minimum requirements as |
| inches in vertical height) | provided under the California Fire and | |
| Building Code(s) |
Notes:
(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director.
- (2) A structure, projection or equipment shall not be placed or occur beyond the setbacks as identified in Table 16.44.150-1.
(3) Building permits are not required for accessory structures one hundred twenty (120) square feet or less in area and twelve (12) feet or less in height. However, if a structure is proposing plumbing, electrical, or mechanical components, a building permit is required.
- (4) Existing single family detached lots with lot widths less than required by the zone may utilize a reduced setback equal to ten percent (10%) of the lot width but in no case closer than three (3) feet.
(5) Small structures that are less than six (6) feet in height and do not extend above an adjoining solid fence or wall is exempt from setback requirements.
(6) Limited to Rural Residential (RR) and Estate Residential (ER-1) Zones with a minimum of a one (1) acre parcel area. Shipping containers, anchored in conformance with California Building Code Section 3115 and Chapter 16, shall not be subject to any building separation requirements otherwise required by the Development Code.
(Ord. 624-25 § 2, 2025; Ord. 610-24 § 11, 2024; Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 561-20, Exhibit B (part), 2020; Ord. 544 §§ 13-16, 2019; Ord. 441-10, §§ 1, 2 (part), 2010; Ord. 430-10 § 6, 2010; Ord. 382 § 6, 2007; Ord. 343 § 2, 2005; Ord. 215 § 2 (part), 2000; Ord. 202 § 2, 1999; Ord. 182 § 2 (part), 1997)
16.44.160 Accessory Dwelling Units. ¶
A. Purpose. This section provides standards for the establishment of accessory dwelling units. Pursuant to Government Code 66323 local governments have the authority to adopt regulations designed to promote accessory units. An accessory dwelling unit which conforms to the requirements of this Section 16.44.160 shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential unit, which is consistent with the General Plan and zoning classification for the lot.
B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions).
Accessory Dwelling Unit (ADU). Refer to Government Code Section 66313 for definition.
Junior Accessory Dwelling Unit (JADU) shall have the same meaning as defined in Government Code Section 66313.
Public Transit means, including but limited, a fixed-route service open to the public at large and includes transit stations, bus stations, and bus stops, as operated by the Riverside Transit Agency or another fixed route service as adopted by City Council resolution as it pertains to Chapter 16.44.160 of this title.
C. Standard of Review. ADU and JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this Section 16.44.160 are met, notwithstanding any other requirements of state law or this development code.
D. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Allowed. The number of accessory dwelling unit(s) and junior accessory dwelling unit(s) on a parcel shall be allowed pursuant to State Law as applicable to single-family, multi-family, and mixed-zoned parcels:
At a residential parcel with an existing or proposed single-family dwelling: one ADU and one JADU shall be permitted. An ADU may be combined with a JADU unit within a single-family residence pursuant to the requirements of Government Code Section 66323.
At a parcel with an existing multi-family dwelling, two detached ADUs shall be permitted pursuant to Government Code Section 66323. Additionally, one ADU and 25 percent of the number of existing units within the multi-family building may be counted towards the conversion requirements of Government Code Section 66323. E. Site Requirements. A parcel proposed for an accessory dwelling unit shall comply with all the following requirements:
The parcel shall allow for setbacks for an ADU or JADU consistent with Government Code Section 66323.
Occupancy requirements of the ADU and JADU shall be consistent with the provisions of Government Code Section 66315. For a JADU , a covenant shall be recorded in the Riverside County clerk's office against the title declaring that the property owner must occupy either the primary residence or the JADU consistent with the provisions of Government Code Section 66333.
An ADU may only be sold in limited situations pursuant to Government Code Section(s) 66340 and 66341.
A covenant shall be recorded in the Riverside County clerk's office against the title of the parcel declaring that the ADU(s) and/or JADU shall not be used for short term rentals less than 30 days.
- F. Design Standards. An ADU and JADU shall meet the following:
- Size and Setback Restrictions:
a. A JADU shall be reflective of the setback and square footage provisions consistent with Government Code Section(s) 66313 and 66323.
b. An attached or detached ADU shall be reflective of the setback and square footage provisions consistent with Government Code Section 66323.
c. If the ADU and/or JADU unit is proposed within the parameters of an existing or proposed single-family dwelling, any proposed expansion shall be consistent with the requirements of Government Code Section 66323. If the ADU is proposed within the parameters of an existing accessory structure, any proposed expansion shall be consistent with the requirements of Government Code Section 66323. ADU and JADU types are also required to meet fire and safety standards per Government Code Section 66323(a)(1)(C).
- Architecture and Standards:
a. At single-family locations the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the main dwelling unit;
b. At multi-family locations, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs , it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit.
c. Restroom and kitchen facilities for ADUs and JADUs shall be provided consistent Government Code Section(s) 66323 and 66333.
- d. Access for ADUs and JADUs shall be provided consistent Government Code Section(s) 66323 and 66333.
G. Parking. The ADU shall provide one off-street parking space in addition to that required for the main dwelling unit, in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards). No off-street parking is required for the ADU if it meets any of the following:
Is within a half mile walking distance from public transit. Refer to definition in Section 16.44.160.B.
Is within an architecturally and historically significant historic district.
Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU .
Is located within one block of a car share area.
The ADU is a part of the proposed or existing primary residence or an accessory structure.
Is a JADU as defined under Government Code Section 65852.21.
- H. Review of Application. Review of the ADU and JADU shall be consistent with the following:
A permit application for an ADU or a JADU unit shall be considered and approved ministerially without discretionary review or a hearing.
The City shall act on an application to create an ADU or a JADU within 60 days from the date the local agency receives a completed application.
If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
I. Conflicting Standards. If there is a conflicting applicability between the requirements of this section and requirements as described under State Law, State Law shall apply.
(Ord. 610-24 § 12, 2024; Ord. 556 § 16, 2020; Ord. 544 § 17, 2019; Ord. 537, Exhibit A (part), 2018; Ord. 482-13 § 2, 2013; Ord. 293 § 1 (part), 2004; Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)
16.44.161 Employee Workforce and Student Units. ¶
Employee Workforce and Student Units shall be developed in accordance with Chapter 16.13 (Innovation District). (Ord. 559-20 § 8, 2020)
16.44.170 Telecommunications Facilities. ¶
This section establishes standards for the development and operation of telecommunications facilities including satellite dishes and wireless communications facilities. Satellite dishes are a permitted use in residential, commercial, and industrial zoning districts in compliance with Article II (Zoning Districts and Allowable Land Uses) subject to regulations in Section 16.44.170A. Wireless communications facilities may not be permitted with a conditional use permit subject to the regulations in Section 16.44.170B.
A. Satellite Dishes. Satellite dishes, including portable units, shall be designed, installed and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) regulations and in compliance with this section. Satellite dishes with a maximum diameter of one meter are not regulated by this chapter.
1. Plans. Plans for satellite dishes shall be submitted with each application for a building permit, and shall include a site plan and elevation drawings indicating the color, diameter, foundation details, height, landscaping,
setbacks and method(s) of screening.
2. Painting. The dishes and any supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.).
3. Setbacks. Satellite dishes shall not be located within front or street side yard setbacks without approval of a minor variance and shall not extend beyond the property lines.
4. Underground Wiring. All wiring shall be placed underground, whenever possible.
5. Residential Zoning District Standards. In residential zoning districts, satellite dishes shall be subject to the
following requirements.
a. Development Plan Permit. A development plan permit, in compliance with Chapter 16.56 (Development Plan Permits), shall be required for the construction and/or placement of a satellite dish in a residential zoning district. Not less than thirty (30) days after acceptance of an application as complete, the director shall schedule the time and date on which the director's decision on the application is to be made.
At least ten days before the date on which the decision will be made, the director shall give notice of the proposed use by mail to the applicant and all property owners within a one hundred (100) foot radius of the exterior boundaries of the subject property.
b. Ground-mounted. Only ground-mounted dishes be allowed. The dish shall be located only within the rear yard of the parcel, at least five feet from the rear lot line of an interior parcel, and fifteen (15) feet from the street side lot line of a corner parcel. This provision may be modified by the di-rector if strict compliance would result in substandard reception.
c. Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet. This provision may be modified by the director if strict compliance would result in substandard reception.
d. Fence or Wall. Satellite dishes shall be separated from adjoining properties by a minimum six- (6-) foothigh solid fence or wall, or by plants or trees of equal height, approved by the director.
e. Height. The height of the antennae shall not exceed ten feet, at the highest point of the dish. This provision may be modified by the director if strict compliance would result in substandard reception.
f. Number. Only one satellite dish shall be allowed on a parcel.
g. Setbacks. A satellite dish that is taller than adjoining property line fences shall be located away from the side or rear property line a distance equal to or greater than the height of the dish.
6. Nonresidential Zoning District Standards. In nonresidential zoning districts, satellite dishes may be roof- or ground-mounted subject to the following standards.
a. Development Plan Permit. A development plan permit in compliance with Chapter 16.56 (Development Plan Permits) shall be required for the construction and/or placement of a satellite dish in a commercial, innovation, or industrial zoning district.
b. Ground-mounted. If ground-mounted, dishes shall not be located between a structure and an adjoining street and shall be screened from public view and neighboring parcels.
c. Roof-mounted. If roof-mounted, dishes shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to the approval of the director. Screening materials shall be architecturally compatible with the rest of the structure.
d. Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet. This provision may be modified by the director if strict compliance would result in substandard reception.
e. Height and Location. The height and location of the satellite dish shall comply with the requirements of the applicable zoning district. The height provision may be modified by the director if strict compliance would result in substandard reception.
f. Setbacks. If the subject parcel abuts a residential zoning district, the dish shall be set back a minimum distance from the lot line equal to the height of the antenna.
B. Wireless Communications Facilities. Wireless communications facilities may be permitted with a conditional use permit as provided in Section 16.44.170B4. Wireless communications facilities, including supporting towers and related ground-mounted structures and equipment shall be designed, constructed/installed, and maintained in compliance with the following development standards.
1. Site Selection Order of Preference. Wireless communication facilities shall be located in the order of preference outlined below. As part of the application process, applicants for cellular wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in compliance with this subsection.
a. On existing structures (e.g., a billboard, church steeple, communication towers, freestanding sign, water tank, etc.);
b. In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening; or
c. On parcels without significant visual mitigation required.
2. Locational Criteria. Wireless communication facilities shall not be located within a front or street side yard in any zoning district.
3. Co-location. City agencies, special districts, and utility providers shall encourage and allow "co-location" of wireless communications equipment on appropriate existing structures and towers subject to reasonable engineering requirements.
4. Equipment Height. Wireless communications facilites that do not exceed fifteen (15) feet over the height limit for the applicable zone may be approved with a minor conditional use permit issued by the director, pursuant to Chapter 16.52. Facilities that exceed fifteen (15) feet over the maximum height of the applicable zone require a conditional use permit issued by the Planning Commission, pursuant to Chapter 16.52. Height shall be measured from finish grade to the highest point of the facility.
5. Painting. The equipment and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray. etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood:
6. Plans. Plans for the wireless communication facility shall be submitted with an application for a minor conditional use permit, in compliance with Chapter 16.52:
7. Signs. Identification signs, including emergency phone numbers of the wireless service provider, shall be posted and readable at ground level, at all equipment/tower sites;
8. Underground Wiring. Electrical and equipment wiring shall be placed underground: and
9. Unused/Obsolete Equipment. Unused/obsolete equipment or towers shall be removed from the site within six months after their use has ceased.
10. Fencing. Fencing may be constructed around the site in compliance with the provisions of Chapter 16.22 (Fences, Hedges, and Walls). Wrought iron fencing shall be used when adjacent to freeways.
11. Landscape Screening. Screening of the site shall be provided subject to the review and approval of the director.
12. Other Requirements. The following additional items shall be submitted fora wireless telephone antennae: a. Photo enhancement showing monopole or tower as it would appear after construction, including landscaping. If an architecturally enhanced pole is to be utilized, examples shall be provided.
b. Map of regional network for the system.
c. Map of search ring and a matrix of all properties within the search ring. The map shall demonstrate primary location and any alternatives within the search ring.
(Ord. 610-24 § 13, 2024; Ord. 427-09 § 4, 2009; Ord. 182 § 2 (part), 1997)
16.44.180 Vehicle Dealerships. ¶
A. Design Issues. Vehicle dealerships are establishments that specialize in the sale of one or more lines of new automobiles and/or used vehicles and in the servicing of that line or lines.
B. Site Planning.
Showrooms shall be oriented toward major public streets.
Outdoor vehicle display areas shall occur only on permanent at-grade display areas or low-rise platforms (four feet maximum) that are architecturally compatible with the project. Rotating vehicle display platforms are not allowed.
Provisions shall be made onsite for the unloading of vehicles from carriers. Vehicle unloading on nonresidential streets may occur in the right-of-way only if special turn-outs are provided.
Screened storage areas shall be provided for vehicles awaiting repairs.
Potentially noisy activities, (e.g., vehicle repair, cleaning, or testing) shall not be located near or oriented towards residential.
Customer parking shall be provided for the sales, service, and parts areas.
Sufficient space shall be provided for service drop-offs to prevent stacking of waiting vehicles onto a public street.
All non-vehicle storage areas shall be screened from view from the public street and any adjacent residential area. No storage, except vehicle storage, shall occur that is visible from a public street.
C. Building Design.
Buildings shall be stylistically consistent on all sides, carefully detailed, and architecturally related to each other.
Service uses shall be wholly contained within a building of solid (e.g. masonry) construction. All vehicle access to the individual service bays shall be from within the building itself with no more than two or three exterior doors to provide access to the building. The access points to the service building shall not be visible from or face toward a public street or any adjacent residential uses.
Walls and fences shall be architecturally compatible with the buildings.
D. Special Requirements.
All outdoor lighting shall be consistent with the Mount Palomar dark sky provisions regarding lighting see Section 16.18.110 (Mount Palomar Lighting Standard).
Public address systems, shall not be used in outdoor areas. Beepers and/or personal pagers can be used if necessary to contact employees outdoors.
Wash racks shall be located so that they are not visible or audible from a public street or residential area. Wash areas shall be designed to comply with city requirements for stormwater/urban runoff management and discharge controls.
All non-vehicle storage areas shall be screened from public view from adjoining properties and from the public right-of-way by appropriately designed walls and landscaping.
Compressors and similar equipment shall be located in the interior of the site to minimize impacts on adjacent properties.
Because landscaping along display perimeters is typically minimal and low level, other landscaped areas shall be designed to compensate for the absence of vertical landscape elements. Building perimeters shall be heavily
landscaped and parking lots shall contain significantly more landscaping than is required for retail commercial parking lots.
- All new dealerships whose sales consist primarily of new vehicles shall submit a comprehensive sign program application consistent with § 16.38.060. If no sign program is approved, the dealership will be subject to the sign standards of the zone.
- (Ord. 610-24 § 14, 2024; Ord. 182 § 2 (part), 1997; Ord. 524 Exhibit B, 2017)
16.44.190 Vehicle Repair and Service. ¶
A. Design Issues. Auto repair and service facilities can be problematic uses that are characterized by noise, large numbers of parked vehicles, traffic, and the presence of and potential mishandling of large amounts of petroleum products, oils, acid, and other hazardous materials. While these facilities rarely make good residential neighbors, they are necessary to urban life and can fit agreeably into many other settings if care is taken to mitigate negative characteristics.
B. Site Planning.
Vehicle repair and service activities shall be wholly contained within an enclosed building.
Sufficient parking space shall be provided for customers to drop off their vehicles and to avoid stacking of vehicles onto the public street.
The interiors of work bays shall not be visible from a public street or any adjacent residential uses, or designated open space areas.
Access driveways shall be limited to the minimum number necessary to enter and exit the site safely, typically one or two, with a maximum width of twenty-eight (28) feet.
C. Building Design.
Building materials shall have the appearance of substance and permanency; lightweight metal or other temporary appearing structures are not allowed.
Building design shall be clean and simple, stylistically consistent and related to surrounding buildings through use of similar scale, materials, colors and/or detailing.
D. Special Requirements.
No dismantling of wrecked cars is allowed on the site, and no outdoor storage is allowed.
Public (outdoor) address systems are not allowed. Beepers and/or personal pagers should be used in out-door areas if it is necessary to contact employees outdoors.
Facilities shall be designed to comply with city ordinance governing stormwater/urban runoff management and discharge controls.
Provisions shall be made for the storage of used oil and lubricants pending recycling.
All compressors shall be located within buildings to eliminate impacts on adjacent properties.
- (Ord. 182 § 2 (part), 1997)
16.44.200 Emergency Residential Shelters and Transitional Housing. ¶
A. Purpose. This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless.
B. Emergency Shelter Standards for Regulations. Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.
- A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use, consistent with section 65583(4)(A)
of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in section 16.52.
The facility shall operate on a first-come, first serve basis with clients only permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night, A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.
To avoid over-concentration of emergency shelter facilities, a minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, as measured from the property line.
Emergency shelters shall not be located within one thousand (1,000) feet of a public or private school (preschool through twelfth grade), universities, colleges, student housing, senior housing, child care facilities, public parks, businesses licensed for on- or off-site sales of alcoholic beverages or parolee/probationer home as defined in Article VI, Section 16.110 (Definitions) and as measured from the property line.
Service providers shall provide sufficient numbers of male and female toilets - restrooms for clients and prospective clients to have access to use on a twenty-four (24) hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.
Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six (6)-foot tall decorative wall or fence.
Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed, minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.
Facility improvements shall comply with the Murrieta municipal code and the most current adopted building and safety code, specific to the establishment of dormitories and shall additionally provide:
a. A minimum of one (1) toilet for every eight (8) beds per gender.
b. A minimum of one (1) shower for every eight (8) beds per gender.
c. Private shower and toilet facility for each area designated for use by individual families.
- An emergency shelter facility shall provide off-street parking:
- a. The minimum parking requirement shall be whichever is less, the ratio of one (1) space per four (4) beds,
and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member, or the minimum parking requirement for other residential or commercial uses within the same zone whichever results in less parking being required.
b. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.
Bike rack parking shall be provided at the facility.
Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.
The facility may provide the following services in a designated area separate from sleeping areas:
a. A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six (6)-foot tall visually screening decorative wall or fence.
b. A counseling center for job placement, educational, health care, legal services, or mental health services.
c. Laundry facilities to serve the number of clients at the shelter.
d. Kitchen and dining area.
e. Client storage area.
f. Similar types of facilities to address the needs of homeless clients, as determined by the planning director.
- A shelter management plan shall be submitted as a part of the conditional use permit application, which addresses all of the following:
a. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project;
b. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290;
- c. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment;
d. Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Murrieta;
e. Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one-hundred and twenty (120) days in a three-hundred and sixty-five (365) day period;
f. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar services;
g. Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the city;
h. Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24)-hour period;
i. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public;
j. The shelter management plan shall include how staff will address and regulate alcohol and illegal drug use by clients on the premises;
k. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility, re-admittance policies for clients who have previously been expelled from the facility shall also be established.
The establishment shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use; and
Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties.
C. Transitional Housing including Single Resident Occupancy (SRO), Standards and Regulations.
Transitional housing, including efficiency residential units, also known as single resident occupancy ("SRO"), shall be subject to and comply with the following standards and regulations.
Units shall have a minimum size of one hundred and fifty (150) square feet and a maximum of four hundred (400) square feet.
Each unit shall accommodate a maximum of two (2) persons.
Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.
Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every twenty (20) units of fractional number thereof, with at least one (1) washer and dryer per floor.
A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO (efficiency) unit facility.
Each unit required to provide a separate bathroom containing a lavatory and bathtub or shower.
Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than thirty (30) inches in front.
Each SRO (efficiency) unit shall have a separate closet.
SRO (efficiency) units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.
An SRO (efficiency) unit project shaft not be located within five hundred (500) feet of any other SRO (efficiency) unit project, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.
An SRO (efficiency) unit project with ten (10) or more units shall provide on-site management. Project with less than ten (10) units may provide a management office off-site.
Tenancy of SRO (efficiency) units shall not be less than thirty (30) days.
SRO (efficiency) unit parking shall be provided as follows:
a. One (1) uncovered parking space for every three (3) SRO (efficiency) units.
b. Two (2) uncovered parking spaces for an onsite manager unit.
Each SRO (efficiency) unit shall be provided at least one (1) lockable bicycle parking space in a location that is adjacent to that SRO (efficiency) unit.
Applications for SRO (efficiency) units projects shall be processed in a manner consistent with procedures for a multiple-family residential project per Article II, Section 16.08.040.
- D. Notification. In addition to the notification required by the Development Code, representatives of the police
department shall be apprised of the proposed project in a timely fashion so that the department may respond to any concerns they may have regarding the proposed project.
- (Ord. 598-23 § 8, 2023; Ord. 482-13 § 2, 2013; Ord. 293 § 1 (part), 2004)
16.44.210 Bingo. ¶
A. Definition. Bingo is defined as a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game.
B. Qualified Organizations. A qualified organization to operate the game of bingo is a mobile home park association, a senior citizens organization, or an organization exempted form the payment of bank and corporation tax by Sections 23701(a), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the State Revenue and Taxation Code. C. License. A business license issued by the city is required to operate a bingo game. The license can only be issued to a qualified organization. It is unlawful for any person to conduct a bingo game, unless that person is a member of the qualified organization, acting on their behalf. The qualified organization is responsible for providing written proof at the time of application of their tax exempt status.
D. Limitations:
A qualified organization shall conduct a bingo game only on property owned or leased by the organization. The property must be used by the organization for the purpose of the organization's operation, including offices.
No minors are allowed to participate in any bingo game.
All bingo games shall be open to the public.
Bingo games shall be operated and staffed only by members of the qualified organization operating the game, excluding security personnel.
The qualified organization shall provide proof to the Planning Department that adequate off-street parking is available.
The building used for the games shall comply with California Building Codes.
Individual prizes shall not exceed two hundred fifty dollars ($250.00).
No person shall receive or pay a profit, wage, salary or percentage from any bingo game authorized by Ordinance 356-06 and this Development Code.
All profits shall be kept in a separate, special fund and used only for charitable purposes or distributed to organizations exempt under Section 23701(d).
A portion of the proceeds, not to exceed twenty (20) percent, may be used for expenses outlined in Section 9.G. 2 of the ordinance.
No alcohol shall be served or consumed in the same room or location as the game by operators, managers, board members or players.
Players must be physically present at the game to play.
- (Ord. 367 § 4 (part), 2006)
16.44.220 Non-commercial wind energy conversion systems. ¶
A. Purpose and Intent. It Is the purpose and intent of this section to promote the safe, effective and efficient construction and use of N-WECS installed on rural residential lots to reduce the on-site consumption of utility supplied electricity within the city limits of the City of Murrieta. A uniform and comprehensive set of standards, conditions, and procedures for the placement of N-WECS are necessary to regulate the generation of electricity for onsite use, thereby reducing the consumption of electrical power supplied by utility companies. These regulations are intended to assure that N-WECS are designed and located in a manner that minimizes visual, noise, and safety impacts on the surrounding community,
B. Definitions. The following are definitions of specialized terms and phrases used in this section. Definitions of general terms and phrases are located in Article IV (Development Code Definitions).
AWEA means American Wind Energy Association.
Commission means the Planning Commission.
Director means the director of the Commission.
FAA means Federal Aviation Administration.
Guy Wires means wires or cables used in tension to support a tower.
Non-Commercial Wind Energy Conversion Systems (N-WECS) means a small wind energy system suitable for rural residential zones consisting of a wind turbine, tower, blades, associated controls and conversion
electronics, which has a rated capacity that does not exceed 100 kilowatts (kW) and which will be used primarily to reduce on-site consumption of utility power by converting mechanical energy into electricity.
Rural Residential means the Rural Residential zoning district as specified in Chapter 16.08 of Article II (Zoning Districts and Allowable Land Uses).
Tower means the portion of the N-WECS upon which the wind turbine is mounted.
Tower Height means the height above grade of the fixed portion of the tower measured from the ground to the top of the tower, excluding the wind turbine, blades and wind-measuring devices.
USGS means the United States Geological Survey.
Wind Turbine means a non-commercial small wind turbine consisting of a wind turbine generator and rotors, which has a rated capacity of not more than 100 kW and which converts kinetic energy in wind into mechanical energy.
- C. Restriction on Use of Electricity Generated by N-WECS.
- An N-WECS shall be used exclusively to supply electrical power for on-site consumption, except that when a parcel on which an N-WECS is installed also receives electrical power supplied by a utility company, excess electrical power generated by the N-WECS and not presently needed for on-site use may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, as long as no net revenue is produced by such excess electrical power.
ich an N-WECS is installed also receives electrical power supplied by a utility company, excess electrical power generated by the N-WECS and not presently needed for on-site use may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, as long as no net revenue is produced by such excess electrical power.
- An N-WECS shall be permitted only in the Rural Residential zone, subject to the approval of a conditional use permit by the director in accordance with Chapter 16.52 (Conditional Use Permits). Only one N-WECS shall be permitted on a premises.
D. Development Standards. An N-WECS shall be subject to all applicable regulations of the Rural Residential zoning district in which it is proposed, except that the following standards shall take precedence over the regulations of the Rural Residential zone to the extent that they differ from the regulations of the Rural Residential zone. The following shall be deemed to be conditions of approval of every N-WECS unless specifically modified pursuant to subsection E of this section:
Minimum Lot Size. The minimum lot or parcel size shall be 2.5 acres.
Location.
- a. Setback.
i. The minimum distance between an N-WECS, excluding guy wires and their anchors, and any property line or road right-of-way, shall be the distance which is equivalent to the height of the Wind Turbine, including any wind turbine generator, wind-measuring devices, and the highest vertical extent of any blades, or at least twenty (20) feet, whichever is further, provided that the required distance shall also comply with any applicable fire setback requirements pursuant to sections 4290-4299 of the Public Resources Code.
ii. All N-WECS structures, including guy wire anchors, shall conform with the setback requirements established for the Rural Residential zoning district in Section 16.08.020 (Residential Districts General Development Standards) of Article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this Development Code.
iii. No part of an N-WECS shall be located within or over drainage, utility, or other established easements. Each wind turbine shall be setback from the nearest above-ground public communication or electrical line by a distance which is equivalent to the height of the wind turbine.
iv. No part of an N-WECS shall be located on a property that has a slope greater than or equal to twenty (20) percent.
v. The minimum distance requirement shall be increased as necessary to meet the noise limits of the Rural Residential zone as established in Chapter 16.30 (Noise).
b. Blade Clearance. No part of an N-WECS blade shall extend within thirty (30) feet of the ground, trees, or any other structure.
- c. FAA Beacon Prohibited. No portion of an N-WECS shall be located in an area where FAA regulations would require a beacon, including but not limited to hazard beacons and strobe lights.
Maximum Tower Height. Tower height shall not exceed the height limit of the underlying zone.
Rotors. Rotors shall be twenty-three (23) inches to twenty-one (21) feet in diameter.
Compliance with Aviation Safety Standards. The N-WECS shall comply with all applicable FAA
requirements and the requirements of the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division
9 of the Public Utilities Code).
Wind Turbine Approval. Wind turbines must be approved under the Emerging Technologies program of the California Energy Commission or any other small wind certification program recognized by the AWEA.
Design. An N-WECS must be designed and constructed in accordance with the following:
a. Colors. The colors used in the construction materials or finished surface shall be muted and visually compatible with surrounding developments.
b. Lighting. If required by FAA standards, a safety light that meets FAA standards shall be provided on the N- WECS. All required lights shall be shielded from adjacent properties, and no other lights shall be placed upon the tower.
c. Noise. Noise from an N-WECS shall conform with the noise standards of Chapter 16.30 (Noise), including, but not limited to, the maximum allowed exterior noise level standards of Table 3-6 (Exterior Noise Standards), as measured at the closest neighboring inhabited dwelling. N-WECS that have a noise specification greater than the standards of Table 3-6 shall provide a noise study to determine mitigation measures to conform to the noise standards.
d. Visual Effects.
i. The top of an N-WECS, including the wind turbine and the highest vertical extent of the blades, shall be located at least twenty-five (25) vertical feet below the top of any adjacent major ridgeline, and an N-WECS shall be located at least one hundred (100) horizontal feet from any adjacent major ridgeline.
ii. Any N-WECS that is placed within the viewshed of a designated major, secondary, limited secondary, or scenic highway shall be assessed for its visual effects, and appropriate conditions relating to siting, buffers, and design of the facility shall be applied pursuant to Sections 260-284 of the Streets and Highways Code.
iii. Any N-WECS placed on hillsides and ridgelines shall be assessed for its visual effects, and appropriate conditions relating to siting, buffers, and design of the facility shall be evaluated to minimize impacts on the viewshed from the valley floor.
e. Climbing Apparatus. All climbing apparatus must be located at least fifteen (15) feet above the ground, and the tower must be designed to prevent climbing within the first fifteen (15) feet.
f. Automatic Overspeed Controls. N-WECS shall be equipped with manual and automatic overspeed controls to limit the blade rotation speed to within the design limits of the N-WECS.
g. Access Doors. If an N-WECS is equipped with access doors, all access doors shall be lockable and remain locked during operation.
Signs. One sign, limited to eighteen (18) inches in length and one (1) foot in height, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the phone number of the property owner to call in the event of an emergency.
Displacement of Parking Prohibited. The location of an N-WECS shall not result in the displacement of required parking as specified in Chapter 16.34 (Off-Street Parking and Loading Standards).
Maintenance. N-WECS shall be maintained in an operational condition that poses no potential safety hazards.
Removal. Within six (6) months after the operation of an N-WECS has ceased or the permit therefore has expired, whichever occurs first, the permittee shall remove the NWECS, clear the site of all equipment, and restore the site as nearly as practicable to its condition prior to the installation of the N-WECS. Failure to remove such N-WECS as required above shall constitute a public nuisance.
E. Conditional Use Permit – Non-Commercial Wind Energy Conversion Systems.
The provisions of Chapters 16.48 (Application Filing, Processing, and Fees) and 16.52 (Conditional Use Permits) shall apply to an application for a conditional use permit for an N-WECS, except as may be modified by this section.
Application–Filing Information and Documents Required. An application for a conditional use permit for an N-WECS shall contain the following:
a. The information and documents specified Chapters 16.48 (Application Filing, Processing, and Fees) and 16.52 (Conditional Use Permits) of the Development Code, including, but not limited to, ownership information, mailing labels, and land use maps as specified.
b. Drawings to scale of the entire N-WECS structure, including the Tower, base, Wind Turbine, blades, footings, Guy Wires, and associated equipment.
c. Three (3) copies of the proposed site plan, elevation plan, and location map depicting the project location on USGS topographic sheets. Additional copies of these materials may be required by the director. On each set of the required site plan and elevation plan, the applicant shall depict the type and location of any safety lights and energy storage devices.
d. Evidence satisfactory to the director that the proposed wind turbine generator meets the following standards:
i. The wind turbine generator is certified by a qualified, licensed engineer as meeting the requirements of Wind Turbine-specific safety and/or performance standards adopted by a national or international standards-setting body, including, but not limited to, International Electric Code standard 61400-2.
ii. The wind turbine generator has a manufacturer's warranty with at least five (5) years remaining from the date the application is filed.
iii. The model of equipment proposed has a documented record of at least one (1) year of reliable operation at a site with average wind speeds of at least twelve (12) mph.
e. Where modification of any development standard specified in subsection D of this section is requested, the applicant shall identify the requested modifications and substantiate to the satisfaction of the director that strict compliance with all required development standards would substantially and unreasonably interfere with
establishment of the proposed N-WECS on the subject property and the requested modifications would not be contrary to the intent and purpose of this section.
(Ord. 408 § 1, 2008)
16.44.230 Wedding/Event Facilities in the RR and ER Districts.
A. Purpose and Intent. It is the purpose and intent of this section to allow a homeowner with a property of five (5) acres or greater to utilize their residence for occasional weddings or events within the RR and ER districts. Implementation of the regulations and standards within this section will ensure that wedding/event facilities in the RR and ER districts will be conducted in an orderly manner that will not result in a change to the residential character of the surrounding community.
The standards contained below will be placed on properties authorized to hold wedding/events within the RR and ER Districts, based on the parcel size and proximity to existing improvements.
B. Wedding/Event Facilities - General. Wedding/event facilities may be allowed on properties of five (5) acres or greater in the RR and ER districts subject to the approval of a minor conditional use permit pursuant to Chapter 16.52 (Conditional Use Permit), in compliance with, but not limited to, the following standards:
1. Parking. Adequate on-site parking facilities, pedestrian and vehicular circulation, and vehicular ingress and egress, shall be provided in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards) and Section 16.44.230.C.
2. Number of Days/Hours of Operation. The director shall impose reasonable restriction on the number of events that can occur during a week, on which days of the week these can occur and the hours of operation. Specific criteria are contained in Section 16.44.230.C.
3. Sanitary Facilities. The director shall determine the appropriate quantity and location for any for sanitary facilities. All facilities shall be located on-site, and shall comply with accessibility requirements and the requirements of the Riverside County Health Department. Additional criteria are contained in Section 16.44.230.C.
4. Security. Provision for security and safety measures shall be provided, if applicable. Recent contact information shall be maintained on file with the city at all times.
5. Signs. One externally illuminated monument sign shall be permitted and shall be located at access points to the parcel, subject to the following criteria:
a. Signs are allowed only for frontages adjoining a public street;
b. Monument signs shall not be located closer than five feet from a property line;
c. The maximum sign area shall be twenty (20) square feet per side and not exceed four (4) feet in height;
d. Signs shall be constructed of natural materials;
e. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign;
f. The monument sign shall not be illuminated after 10:00 p.m. on evenings when there are no events and shall be turned off at the conclusion of events;
g. Monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet in area. Numbers shall be a minimum of six inches in height. Address plates shall not be calculated against the allowed sign area;
h. Illumination shall be down lit and shall not be allowed to spill over into, or provide glare, to adjacent properties or rights-of-way;
i. On-site directional signage shall be no larger than twelve (12) square feet in area and its design shall be complimentary to the monument sign.
6. Solid Waste Collection and Disposal. The facility shall include provisions for solid waste, recycling and/or
disposal with specific criteria contained in Section 16.44.230.C.
7. Other Conditions. The director shall require any other conditions which will ensure the operation of the
facility in an orderly and efficient manner and in full compliance with the purpose/intent of this section.
- C. Site-Specific Development Performance Standards.
1. Days and Hours of Operation. The site may be used for a maximum of two events per week, unless otherwise modified by the permit approval. No more than two events may occur on sequential dates. All events shall begin after 10:00 a.m. and shall be completed by 12:00 a.m.
2. Noise Levels and Monitoring. Noise levels generated from events shall be subject to the following criteria:
a. All noise generated by the event use shall conform to the thresholds established for Zone II of Table 3-6, Exterior Noise Standards of section 16.30.090 (Exterior Noise Standards), and shall be subject to the provisions contained therein;
b. Noise levels for events shall not exceed the city's noise standards, either during set up or as part of the event;
c. The applicant shall monitor and ensure that the noise levels shall not exceed City of Murrieta noise standards;
- d. Any noise generating activities shall be terminated at 10:00 p.m.
3. Ancillary Structures.
a. If an ancillary structure is provided as part of the project approval, ancillary structures shall be permanent construction, shall be fully enclosed, or enclosable on four sides, and shall have a roof. Ancillary structures shall be complimentary in terms of size, scale, and materials used on the primary structure on the site;
b. Ancillary structures shall be subject to the setbacks for accessory structures in contained in Table 16.08-1, (Residential Zones General Development Standards Requirements by Individual Zoning District) of section 16.08.020
(Residential Districts General Development Standards) with the exception that structures cannot exceed forty (40) feet in height, and be no larger than 7,500 square feet in size.
4. On-site Parking Requirements.
a. All on-site parking areas do not need to be paved; however, they must be stabilized in order to minimize any off-site dust impacts and for compliance with water quality control purposes;
b. Adequate parking must be provided based on maximum occupancy of site. Occupancy will be determined based on the seating capacity of the special event;
c. If buses or limousines are proposed for off-site transport, adequate drop off and pick up locations must be provided on site.
5. Location Requirements. Any parcel where a facility is proposed shall have access to a paved and maintained
public street.
6. Solid Waste Collection and Disposal. On-site waste collection shall be located onsite as to not create any off-
site noise, odors or nuisances. Solid waste shall be removed from the site within forty-eight (48) hours of any event.
7. Sanitary Facilities. Any potable sanitary facilities shall not be located any closer than twenty-five (25) feet from an adjacent property with a residential use. Sanitary waste shall be removed from the site within 48 hours of any event, or determined through the minor conditional use permit. (Ord. 610-24 § 15, 2024; Ord. 544 § 18, 2019; Ord. 486 § 2, 2014)
16.44.240 Indoor Firing Ranges. ¶
A. Purpose and Intent. It is the purpose and intent of this section to provide standards for the location and operation of practice indoor firing ranges ("indoor firing range") by locating indoor firing ranges in appropriate areas with minimal adverse impact on the community and its resources, and providing standards of operation that will protect the public health, safety, and welfare of the community.
- B. Indoor Firing Ranges - General.
Indoor firing ranges shall be a conditionally permitted use within the Business Park (BP) and General Industrial (GI) zoning districts with conditional use permit approval pursuant to Chapter 16.52 provided that the business conforms to all applicable federal and state standards, all applicable requirements of the Murrieta Municipal Code.
Distance Requirements. The establishment of an indoor firing range shall not be permitted within three hundred (300) feet of a K-12 public school, public park, residential zoning district, an off-site or on-site alcoholic beverage sales establishment, or another indoor firing range.
C. Requirements.
Every indoor firing range shall be in compliance with the applicable building, environmental, and fire code requirements of the Murrieta Development Code.
The applicant shall submit to a criminal background check. If the applicant is an association, firm, corporation, partnership, or other entity comprised of more than a sole proprietor, this requirement shall apply to all principals.
a. Applicant, all principals and applicable employees shall never have been convicted of a felony, or a misdemeanor involving a firearm.
b. Applicant, all principals and applicable employees shall never have been convicted of a violation of law concerning the manufacture, use, possession, or sale of firearms.
Indoor firing ranges shall be permitted to operate during the hours of 6:00 a.m. to 10:00 p.m., unless amended by the conditional use permit.
The applicant shall provide sufficient and substantial evidence that the proposed indoor firing range is properly designed, constructed and equipped for the proposed firearms to be discharged within the facility.
No other weapons, other than firearms, shall be discharged in an indoor firing range.
No firearms shall be allowed which have been classified as illegal under state or federal statute.
Firearms and safety rules and regulations shall be prominently posted in a general area available to all customers of the establishment. Compliance with those regulations shall be monitored and enforced by facility a range safety officer.
A minimum of one range safety officer shall be on duty during operating hours.
a. Range safety officers shall be responsible for:
i. The operation and maintenance of the shooting range.
ii. Inspection of all firearms and ammunition for safe functions and operations.
iii. Protocols shall be established ensuring that firearms or ammunition deemed not safe by the range safety officer shall not be discharged within the indoor firing range.
iv. Ensure all firearms and ammunition at the indoor firing range remains securely stored at all times and in compliance with all applicable laws and regulations.
No person, employee, member, or customer of an indoor firing range shall be allowed to enter or leave the premise with a loaded firearm, unless permitted by or exempted by state or federal law.
All firearms shall be loaded only on the firing line under the supervision of the range safety officer, unless permitted by or exempted by state or federal law.
No drugs or alcohol may be consumed on the property, nor shall the sale of alcohol be permitted on the property.
No person shall be allowed to utilize an indoor firing range who the range safety officer, or other employees of an indoor firing range, believes to be under the influence of drugs and/or alcohol.
No person shall be allowed to utilize an indoor firing range who the range safety officer, or other employees of an indoor firing range, believes to pose a threat to themselves or others.
The Murrieta Police Department shall be contacted immediately if the range safety officer, or an employee, reasonably believes that a person on premises may be a threat to themselves or others.
Individuals under eighteen (18) years of age will be allowed to utilize the facility, provided:
a. They are accompanied by parent or legal guardian; or
b. They are under adult supervision and a signed release by the parent or guardian is provided.
All persons at the firing line shall wear approved eye and ear protection under the supervision of the range safety officer. All employees of a practice indoor firing line shall receive eye and ear protection and shall receive proper training regarding the use of suitable eye and ear protection. The City holds no liability for the hazardous conditions related to eye and ear damage known to exist at such facilities.
The sale and storage of ammunition shall be permitted.
The manufacture of ammunition shall not be permitted, unless permitted through the conditional use permit.
No person, other than the range safety officer, official employees, or independent contractors hired to maintain the facility shall be permitted beyond the firing line.
All doors, gates, and entrances between the firing points and backstop shall be securely locked at all times when a person is engaged in practice shooting.
- D. Safety and Management Plan. A detailed safety and management plan shall be submitted in full compliance with the NRA Range Source Book: A Guide to Planning and Construction, published by the National Rifle Association, or by an equivalent guidebook (if applicable) deemed comparable by the Murrieta Police Department and Planning Department. Such information shall include, but not be limited to, the following information:
- Plans for the installation and maintenance of interior and exterior surveillance cameras installed that can observe the parking lot, lobby, store, firing lines, and all general areas within an indoor firing range and its perimeter.
Recordings from the surveillance cameras must be maintained for not less than thirty (30) days and shall be made available to members of the Police Department upon request.
Plans for the installation and maintenance of adequate exterior and interior lighting.
Protocols shall be developed for the safe display and storage of firearms and ammunition.
Protocols shall be developed, with cooperation of the Murrieta Police Department and other public safety organizations, to ensure open lines of communication exists between an indoor firing range and all local public safety organizations.
A stormwater diversion plan.
A hazardous waste diversion and disposal plan.
A plan to reduce exposure to hazardous waste, provide clear air and decrease noise for all employees and customers in accordance with the National Institute for Occupational Safety and Health's (NIOSH) Preventing Occupational Exposure to Lead and Noise at Indoor Firing Ranges, published by the Centers for Disease Control and Prevention.
Hours of operation.
An affirmative letter signed by the Murrieta Police Chief or designee, detailing that the Department is satisfied with the applicant's consideration of all security related and communication issues regarding an indoor firing range.
A plan to mitigate outside noise to the surrounding community.
Protocols shall be adopted to ensure that firearms and ammunition deemed unsafe will not be discharged within the firing line.
Failure to submit a safety and management plan as required shall be grounds to automatically deny an application for a license.
Failure to adequately implement or maintain the safety and management plan shall be grounds for suspension or revocation of the business license.
Any future revisions or modifications of the Safety and Management Plan must be approved by the City Planning Department and Police Department. Failure to obtain approval or otherwise disregard, edit, modify, revise or in any way change the Safety and Management Plan on file is grounds for suspension or revocation of the business license.
(Ord. 489 § 2, 2014)
16.44.250 Cannabis and Hemp Use. ¶
- A. Definitions. For purposes of this Chapter, the following definitions shall apply:
“Cannabis”, also known as "Marijuana", means any or all parts of the plant Cannabis Sativa Linnaeus, Cannabis Indica, Cannabis Ruderalis and any genetic or synthetic derivative thereof, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana or any marijuana derivative. The term "marijuana" shall also include "medical cannabis" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, and "cannabis" as defined in the Business and Professions Code § 19300.5(f), as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of the California Health and Safety Code § 11362.5 (Compassionate Use Act) or California Health and Safety Code §§ 11362.7 to 11362.83 (Medical Marijuana Program Act). Notwithstanding the above, the definition of “cannabis” does not include "industrial hemp".
"Cannabis Cultivation" means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.
"Cannabis Dispensary" or "Cannabis Dispensaries" means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business and Professions Code § 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides cannabis for any reason to any person, group of persons, corporation, limited liability company, non-profit corporation or any other entity of any kind.
"Cannabis Processing" means any method used to prepare cannabis or its byproducts for commercial retail and/or wholesale use including, but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis related products and concentrates, production of foodstuffs containing cannabis and production of any pill, tablet, liquid, lozenge or other delivery system containing cannabis or any derivative thereof.
"Cannabis Testing Laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that meets the following:
a. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and
b. Licensed by the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation; or
c. As otherwise defined under § 26001 of the California Business and Professions Code.
"Industrial Hemp" means a crop that is limited to types of the plant Cannabis Sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom, consistent with California Health and Safety Code § 11018.5.
"Medicinal Cannabis" or "Medicinal Cannabis Product" means cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in California Health and Safety Code § 11362.5, by a medicinal cannabis patient in California who possesses a physician's recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
“Medicinal Cannabis Delivery Service” means a physical business location in the city with no retail storefront and where the sole purpose and use of the facility is for the storage and logistics to support the delivery of medicinal cannabis.
B. Prohibited Activities. Cannabis cultivation, cannabis processing, cannabis delivery and cannabis dispensaries shall be prohibited activities within the City of Murrieta, except where the city is preempted by federal or state law from enacting a prohibition on such activity. No use permit, variance, building permit, business license, or any other entitlement, license or permit, whether administrative or discretionary shall be approved or issued for the activities of cannabis cultivation, cannabis processing, cannabis delivery, or the establishment or operation of a cannabis dispensary in the city, and no person shall otherwise establish or conduct such activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.
C. Limited Exceptions. Notwithstanding § 16.44.250.B, the following shall be permitted subject to limitations:
The retail sale of industrial hemp products, with the exception of foods and supplements for consumption. Cultivation and processing of industrial hemp shall be prohibited activities within the city. No cannabis products or graphics depicting cannabis products shall be visible from the exterior of any property selling industrial hemp, or on any of the vehicles owned or used as part of the retail sales.
Cannabis testing laboratory shall be allowed in the Business Park (BP), General Industrial (GI), and General Industrial-A (GIA) Zone Districts consistent with Table 16.12-1: Use Table for Business Park and Industrial Districts and subject to the conditional use permit requirements specified in § 16.52 and the following miscellaneous operating requirements.
a. No cannabis products or graphics depicting cannabis products shall be visible from the exterior of any property issued a cannabis testing laboratories permit, or on any of the vehicles owned or used as part of the cannabis testing laboratories. No outdoor storage of cannabis or cannabis products is permitted at any time.
b. Cannabis shall not be consumed or sampled by any testing lab employee, visitor, operator or vendor on the premises of any cannabis testing laboratories.
c. Odor control devices and techniques shall be incorporated in all cannabis testing laboratories to ensure that any odors from testing are not detectable off-site. Cannabis testing laboratories shall provide a sufficient odorabsorbing ventilation and exhaust system so that odor generated inside the cannabis testing laboratories that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-ofway, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis testing laboratories.
d. Prior to commencing operations, cannabis testing laboratories shall be subject to all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), fire department approvals, health department approvals and other zoning and land use permit(s) and approvals.
e. Cannabis testing laboratories permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this chapter or as a result of the loss of any other applicable state or local license.
f. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a cannabis testing laboratories to operate within the city, until the State of California, or its respective department or division, reinstates or reissues the state license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a cannabis testing laboratories, such revocation or termination shall also revoke or terminate the ability of a cannabis testing laboratories to operate within the city.
- Medicinal Cannabis Delivery Service.
a. Medicinal Cannabis Delivery Service License Required.
i. No person shall engage in or conduct any medicinal cannabis delivery service within the city without an approved medicinal cannabis delivery service license under this section.
ii. A separate medicinal cannabis delivery service license shall be required for each physical address location within the city.
iii. An application for a medicinal cannabis delivery service license shall be on forms provided by the chief of police or designee, which require all information, permits, licenses, criminal background check results, and other approvals necessary to verify compliance with this section and all applicable laws. The chief of police or designee reserves the right to request and obtain additional information from any business owner and property owner submitting a medicinal cannabis delivery service license application to show compliance with relevant codes and regulations.
iv. Applicants shall execute an agreement indemnifying the city from any claims, damages, injuries, or liabilities of any kind associated with the operation of the delivery-only medicinal cannabis business, issuance of a permit to a delivery-only medicinal cannabis business, or the prosecution of the delivery-only medicinal cannabis
business or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws.
v. Insurance Requirements. Applicant shall provide and maintain insurance in the amounts and of the types that are acceptable to the city manager or designee.
vi. The business owner and the property owner, if different, shall each sign the medicinal cannabis delivery service license application form.
v. A medicinal cannabis delivery service license issued pursuant to this section shall expire twelve (12) months after the date of its issuance. Thereafter, a new or renewal license application must be submitted to continue the medicinal cannabis delivery service.
b. Application Requirements. A completed application, together with the application fee in an amount established by resolution of the City Council shall be submitted with all of the following:
i. Site and Floor Plan.
A. A site plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, of the parcel of property on which the proposed cannabis business will be located. The site plan shall include the outline of all structures, driveways, parking and landscape areas, and boundaries of the parcel.
B. A floor plan, drawn to scale and professionally prepared by a licensed civil engineer or architect, designating all interior dimensions of the premises, the proposed use of all spaces, identification of limited access areas, areas of ingress and egress, and all security camera locations.
ii. Lighting Plan. A lighting plan showing existing and proposed exterior and interior lighting levels that would be the minimum necessary to provide adequate security lighting for the use.
iii. Copies of the applicant’s current M-License from the California Department of Cannabis Control.
iv. Odor Control Management Plan. All applications shall submit an adequate on-site odor control
management plan such that all odors resulting from the storage or transport of cannabis and cannabis-related products cannot be readily detected from outside of the structure or vehicle in which the business operates.
v. Safety and security plan.
vi. Sensitive Uses Information. The names and addresses of all libraries, schools, religious worship
institutions, youth activity centers and day care centers and parks within 500 feet as measured from the property lines of a proposed facility. For business condominiums, this measurement would be taken from the outer boundaries of the common parcel where the structure is located and not from the building.
c. Background Check. All owners, operators, partners, investors, employees, and agents must submit to a background check.
d. Operational Requirements.
i. All requirements of the state shall be met at all times, except where local requirements apply.
ii. All business operations must be conducted in conformance with the approved medicinal cannabis delivery service license and all approved plans included therewith.
iii. A city business license shall be obtained prior to operation and maintained in good standing during the entirety of operations.
iv. City Permits. A medicinal cannabis delivery service shall secure all necessary building permits and be required to comply with applicable building, fire, mechanical, and plumbing codes, and state and federal disability access laws.
v. Dimensions. The cumulative size of all structures associated with a medicinal cannabis delivery service shall not exceed 3,000 square feet of gross building area.
- vi. Visibility and Signs.
A. No cannabis or cannabis products may be visible from outside the medicinal cannabis delivery service’s fixed location or any delivery vehicles.
B. Signage shall be limited to one wall sign consisting of the property address only and meet the requirements of Murrieta Municipal Code § 16.38.120.J. – Wall Signs.
C. Signs shall contain no advertising of other companies, brands, goods, or services, or of this use.
vii. Hours of Operation. Medicinal cannabis delivery services may only operate during hours authorized by their state license and the Department of Cannabis Control regulations.
viii. Food Products. Medicinal cannabis delivery services shall comply with all state laws and regulations with respect to edible products.
ix. Odor Control Requirements.
A. All medicinal cannabis delivery services shall incorporate and maintain adequate on-site odor control measures pursuant to an approved odor control management plan such that the odors as a result of storing or transport of cannabis and cannabis-related products cannot be readily detected from outside of the structure or vehicle in which the business operates.
B. The plan shall incorporate the following elements: filtration system(s) for air purification with a minimum efficiency reporting value (MERV-13) rating or greater, polarized filters with activated carbon inserts, carbon scrubbers, ozone generators, electrostatic air curtains, circulation fans, training measures for employees, and a maintenance log and schedule.
x. All business activities may only occur in a permitted, fully enclosed and secure structure.
xi. Delivery shall be only to qualified medicinal cannabis patients or their primary caregivers who possess a valid identification card as described in California Health and Safety Code § 11362.7.
xii. Inspected Products. Each medicinal cannabis delivery service shall deliver medicinal cannabis products only after those products have been inspected and quality tested by a qualified third-party testing facility as required by applicable state laws.
xiii. Labeling and Packaging. Prior to sale for a delivery, medicinal cannabis products shall be labeled and placed in tamper-evident packaging. Labels and packages of medicinal cannabis products shall, at minimum, meet the requirements specified under applicable state laws.
xiv. Product Tracking System. Medicinal cannabis delivery services must be compliant with and participating in the state mandated California Cannabis Track and Trace system.
xv. Recordkeeping Requirements. Medicinal cannabis delivery services must comply with Department of Cannabis Control recordkeeping requirements.
xvi. Prohibited Activities.
A. On-Site Sales and Pick-Up Orders. Medicinal cannabis delivery services shall only conduct sales through delivery. On-site sales or order pick-ups are prohibited.
B. Cannabis Paraphernalia Sales. Medicinal cannabis delivery services shall not sell, deliver or advertise for sale any products other than medicinal cannabis or medicinal cannabis products.
C. Sales or delivery to other cannabis businesses (other than to other delivery locations owned by the same entity) is prohibited.
D. A medicinal cannabis delivery service shall not grow, cultivate, manufacture, or process cannabis.
E. No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or cannabis at or within 200 feet of the physical address location of a medicinal cannabis delivery service.
F. No loitering shall be permitted within 50 feet of the exterior walls or within the parking area of any medicinal cannabis delivery service.
e. Permitted Locations.
i. A medicinal cannabis delivery service shall be a permitted use in the Business Park (BP) Zone.
ii. A Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) shall not be located within 500 feet of a sensitive uses, or any other medicinal cannabis delivery business location. Distance specified in this subsection shall be measured by the horizontal distance measured in a straight line from the property lines of where the delivery-only medicinal cannabis operator is to be located to the property line of the potential sensitive use. For business condominiums, this measurement would be taken from outer boundaries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:
A. Residential zones or private residences.
B. Public or private schools.
C. Daycare centers.
D. Churches.
E. Public parks.
F. Youth activity centers.
G. Large medical centers.
H. Any other medicinal cannabis delivery service business.
f. Screening, Safety, and Security Requirements.
i. No public access is allowed within the premises.
ii. Outdoor vehicle storage shall be provided in a secured area with screening methods as provided under §
16.44.130.A “Outdoor Storage Areas” of the Murrieta Development Code.
iii. Secured Site Access. All exterior vehicle parking areas shall be gated and secured. Any gate or barrier across a fire access roadway must meet the Murrieta Fire and Rescue requirements and have specific plans and permits approved prior to installation. A Knox brand key-operated electric key switch keyed to Murrieta Fire and Rescue specification are required. The Knox switch shall override all gate functions and open the gate. Other access control systems, such as Opticom, are required and must be installed as directed by the fire marshal and chief of police.
iv. Surveillance Systems. Security surveillance cameras and video recording systems shall be installed, and maintained in good condition, to monitor the entire interior (except bathrooms), main entrance, and exterior areas, including parking areas, of all medicinal cannabis delivery Service physical locations to discourage loitering, crime, and illegal or nuisance activities. The areas to be covered by the security cameras include, but are not limited to, the storage areas, secured parking areas, delivery areas, all doors and windows, and any other areas as determined by the city manager or the city manager's designee. The cameras shall be in use twenty-four (24) hours per day, seven (7) days per week. The camera and recording system must be of adequate quality, color rendition, and a minimum of resolution at eight (8) megapixels per foot at the point of focus to allow for the identification of any individual present in the fixed locations of delivery-only medicinal cannabis operations. Any disruption in security camera images should be cured expeditiously.
v. Security Video Retention. Video from the security surveillance cameras shall be maintained for a period of not less than thirty (30) days and shall be made immediately available to city representatives upon request.
vi. City Surveillance System. A medicinal cannabis delivery service permitted under this section may elect to purchase all necessary equipment to integrate their video surveillance system into any comprehensive video surveillance system currently in place or implemented by the city.
vii. Alarm System. A third-party and centrally monitored fire, robbery, and burglar alarm system shall be installed and maintained in good working condition at the premises.
viii. Right of Inspection. All vehicles and facilities permitted pursuant to this section are subject to inspection by city personnel any time the medicinal cannabis delivery service is in operation. Prior notice of an
inspection is not required.
ix. Secure Storage. The use of the facility shall be limited to the storage of medicinal cannabis and medicinal cannabis products solely within a secured, isolated interior environment. All medicinal cannabis and medicinal cannabis products shall be kept in a secured manner during business and non-business hours. Each medicinal cannabis delivery service shall have locked storage at the fixed location for after-hours storage of cannabis and cannabis products. Medicinal cannabis shall be stored in secured rooms, with limited or keycard access, that are completely enclosed or in a safe that is bolted to the floor. Additional details for creating security storage design can be located within “Law Enforcement Evidence and Property Management Guide”, Fourth Edition, 2022, produced by POST Management Counseling and Projects Bureau, California Commission On Peace Officer Standards And Training.
x. Panic Hardware. All entrances and exits of the medicinal cannabis delivery service shall remain locked at all times from outside entry, with entry strictly controlled. All exit doors leading from the facility shall be installed with listed and city approved panic hardware; shall open out, towards the direction of egress; shall be equipped with a listed and approved self-closing mechanism; and shall be equipped with a sealing gasket around the door.
xi. Disposal Requirements. No on-site disposal or composting of cannabis waste is allowed. Use of an authorized third-party waste hauler is required, whom shall be city approved, and approved under the applicant’s waste management plan by Department of Cannabis Control.
xii. Report of Violations. Within 24-hours, the operator shall notify the chief of police of any actions taken by the Department of Cannabis Control to revoke, suspend, or deny an applicant’s ability to operate, including the issuance of a notice to comply, or issuance of a citation.
xiii. Designated Security Liaison. The licensee shall designate a security representative/liaison who can meet with the chief of police or designee regarding any security-related measures and/or operational issues.
g. Delivery/Delivery Vehicle Requirements.
i. GPS Tracking of Vehicles. All delivery vehicles shall be equipped with a Global Position System, hereinafter referred to as “GPS” tracking devices. Data from the GPS tracking system shall be retained for a period of thirty (30) days. GPS data shall be made available to the police department upon request.
ii. Product shall be stored during transport in secure safes.
iii. No product shall be allowed to remain in vehicles without an employee present in the vehicle.
iv. Delivery vehicles shall be stored in approved secured and screened vehicle parking/loading areas only.
v. No publicly accessible parking shall be allowed. Parking areas shall be limited to employee use only.
vi. All delivery vehicles shall be registered with the police department.
vii. A direct communication system between the medicinal cannabis delivery service operator and each driver is required.
viii. In-Transit requirements.
A. Only owners, operators, or employees of the medicinal cannabis delivery service may be present in vehicles during deliveries.
B. No more than the maximum amount of medicinal cannabis permitted under state law in total value of product and cash may be transported at any one time in an individual vehicle during deliveries.
C. Delivery vehicles may only travel between fixed locations of the medicinal cannabis delivery service and the residential addresses specified by customers while transporting medicinal cannabis and/or medicinal cannabis products.
D. All delivery drivers shall carry valid identification and proof of employment at a licensed medicinal cannabis delivery service.
E. All delivery drivers shall carry a copy of the medicinal cannabis delivery service regulatory permit, a copy of the delivery request, a form of government-issued identification, and all other information required by state
law. The driver shall present these documents upon the request of law enforcement, the city manager, or the city manager's designee.
F. All drivers shall carry an inventory log of medicinal cannabis and medicinal cannabis products being transported.
G. Delivery drivers shall be trained in the process for verifying that medicinal cannabis and medicinal cannabis products are delivered to qualified patients and adult-use customers and that the delivery drivers are trained in the proper usage of medicinal cannabis.
H. Medicinal cannabis and medicinal cannabis products may be transported by one medicinal cannabis delivery service’s physical address location to another medicinal cannabis delivery service’s physical address location if the state licenses for both locations are held by the same licensee.
ix. Vehicle Signage. Due to the potential for the targeted theft of high-value products as contained within a delivery vehicle, and in order to protect the public’s safety and welfare, there should be no vehicle signs or wraps identifying the business, or advertising products related to the business or industry-related products/services.
- h. Owner, Operator, and Employee Requirements.
i. All owners, operators and employees must be twenty-one (21) years of age or older.
ii. All owners, operators and employees are subject to a criminal background search.
iii. Convictions. No owner, operator, investor, partner, employee, or agent of a medicinal cannabis delivery service shall have been convicted of a felony or crime of moral turpitude nor has been found by any state or local jurisdiction to have committed a violation of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The chief of police reserves the right, in his or her sole discretion, to waive this requirement in relation to violations of MAUCRSA, in the event that he or she determines that the violation of MAUCRSA was minor in nature and would not undermine the safe and effective operation of the proposed business in accordance with applicable laws.
d Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). The chief of police reserves the right, in his or her sole discretion, to waive this requirement in relation to violations of MAUCRSA, in the event that he or she determines that the violation of MAUCRSA was minor in nature and would not undermine the safe and effective operation of the proposed business in accordance with applicable laws.
iv. Owner/Employee Rosters and Notice of Change. Prior to a change in ownership or employees, the chief of police shall be notified. New ownership and/or employees shall be subject to a background checks prior to commencement of employment, or prior to any change in ownership.
i. Revocation. Any violation of this section, any other provision of this code or state laws relating to cannabis may result in the suspension or revocation of the license issued pursuant to this section.
j. Appeals. Any decision made pursuant to this section may be appealed in accordance with Chapter 2.28 of this code.
D. Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance and subject to abatement under the laws of this municipal code and the State of California.
E. Violations. Any violation of this chapter shall be punishable as provided in § 1.32.010 of this municipal code or any successor section thereto.
F. Conflicting Provisions. If any other provisions of the municipal code conflict with the provisions of this chapter as it relates to the regulation of land use related to cannabis, this chapter shall be controlling.
G. Severability. If any section, subsection, sentence or clause of this chapter is for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 610-24 § 16, 2024; Ord. 602-24 § 3 (part), 2024; Ord. 548 § 1, 2019; Ord. 507 § 3, 2016)
16.44.260 Short-Term Vacation Rentals. ¶
A. Purpose. The purpose of this chapter is to establish the locational regulations for the use of privately owned single-family residential dwelling units and condominiums to minimize the potential adverse secondary effects of such
uses on surrounding neighborhoods, to prevent the increase and over concentration of transient uses in residential neighborhoods and zoning districts, impose reasonable limitations to ensure the long-term availability of housing stock in compliance with the housing element of the city’s general plan, and ensure neighborhood compatibility with short-term vacation rentals under the framework of the Development Code. See, also, Chapter 5.27 (Short-Term Vacation Rentals) of this municipal code for additional requirements and definitions, as well as, Section 16.110.020 (Definitions of Specialized Terms and Phrases).
B. Location and Applicability.
- Hosted short-term vacation rental units shall be permitted in the following zoning designations: RR, ER-1, ER-2, ER-3, SF-1, SF-2, MF-1, and MF-2, and MF-3, subject to compliance with the below criteria:
a. There is capacity for the subject hosted rental unit under the citywide maximum limit of three hundred (300) STVRs; and
- b. The hosted rental unit meets all of the applicable requirements contained in this Title 16 and Chapter 5.27 of
the Murrieta Municipal Code, as well as all other applicable laws, rules and regulations; and
- c. Hosted rental units are prohibited in all other zones within the city limits.
- Non-hosted short-term rental vacation rental units shall be permitted in the following zoning designations: RR, ER-1, and ER-2, subject to compliance with the below criteria:
a. Within the ER-1, and ER-2 zones:
i. No non-hosted short-term vacation rental unit shall be located within three hundred (300) feet of another nonhosted short-term vacation rental unit; and
ii. The three hundred (300) foot separation distance shall be measured as a radial distance from all property lines of the subject non-hosted short-term vacation rental unit property.
b. There is capacity for the subject non-hosted short-term vacation rental unit within the citywide maximum limit of three hundred (300) STVRs;
c. The non-hosted short-term vacation rental unit meets all of the applicable requirements contained in this Title
16 and Chapter 5.27 of the Murrieta Municipal Code, as well as all other applicable laws, rules and regulations; and
d. Non-hosted short-term vacation rental units are prohibited in all other zones within the city limits.
This Chapter shall apply only to privately-owned single-family residential dwellings and condominiums, as defined by Chapter 5.27. Detached permitted habitable structures may be permitted for use for short-term vacation rental purposes (Excluding: accessory dwelling units and junior accessory dwelling units).
Any person who rents or leases a single-family residential dwelling, condominium, apartment, or mobile home, shall not be permitted to use of said dwelling for short-term vacation rental purposes.
Publicly owned single-family residential dwellings, condominiums, apartments, mobile homes, and those dwellings that are subject to affordable housing covenants imposed or required by the city or any of its affiliated agencies, shall not be used for short-term vacation rental purposes.
Mobile or modular homes on leased property shall not be used for short-term vacation rental purposes.
Temporary occupancy vehicles, also known as recreational vehicles, inclusive of motor homes, travel trailers, truck campers, camping trailers, and park trailers, fifth-wheel travel trailers, house cars, trailer coaches, slide-in campers, trunk campers, tent trailers, with or without a motor, shall not be used for short-term vacation rental purposes.
Tents and similar shelters shall not be used for short-term vacation rental purposes.
Garages shall not be used for short-term vacation rental purposes.
Temporary use permits, including commercial filming permits, shall not be granted at residential locations with concurrent short-term vacation rental permits.
C. Cap Limitation. Consistent with the maximum number of STVR permits that may be issued by the city under Section 5.27.050 of this municipal code; the maximum number of STVR units that may operate in the city is three hundred (300).
D. Parking. Refer to Table 3-7 “Parking Requirements By Land Use” for operational aspects as it relates to shortterm vacation rentals and Table 5.27-01 “Short-Term Vacation Rental Occupancy Limits and Parking Requirements” for on-site parking quantities for short-term vacation rentals.
E. Signs. Refer to Section 16.38.050.C.7 (Short-Term Vacation Rental Temporary Signs) for requirements. (Ord. 561-20, Exhibit B (part), 2020)
16.44.270 Massage, Accessory Use and Massage Establishments. ¶
A. Purpose. The purpose of this section is to retain land use authority over the licensing and permitting of land uses associated with massage within the jurisdiction of the City of Murrieta to:
Maintain the character, diversity and vitality of the city’s commercial areas and the quality of life of its residents;
Preserve the aesthetics of surrounding neighborhoods;
Ensure the proposed uses are compatible with adjacent areas and land uses;
Appropriately condition any known or anticipated impacts caused by the land use; and
Prevent the increase or over proliferation and over concentration of massage businesses within certain areas.
B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI of this Title 16. Any terms used in this chapter that are not specifically defined under this chapter or Title 16 shall have the same meaning as those definitions provided under Chapter 5.18.
Director shall mean the Director of Development Services or designee.
Massage shall mean the scientific manipulation of the soft tissues and any method of pressure on, friction against, channeling energy through, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the body, or other methods designed to create similar effects, to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education. Regulations under this municipal code apply to all forms of massage, whether or not it is called massage and whether or not the massage is performed with the patron fully clothed, with or without the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. For purposes of this definition, the terms “massage,” “massage therapy,” “bodywork,” or any other terms used within the massage industry shall have the same meaning. To “perform massage” shall mean the act of performing, providing, offering, delivering, dispensing, engaging in, or carrying on, or permitted to be performed, provided, offered, delivered, dispensed, engaged in, or carried on massage for any form of consideration whatsoever. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, reiki, and reflexology. Massage does not include contact with specified anatomical areas, as defined by and prohibited under this municipal code.
, provided, offered, delivered, dispensed, engaged in, or carried on massage for any form of consideration whatsoever. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, reiki, and reflexology. Massage does not include contact with specified anatomical areas, as defined by and prohibited under this municipal code.
Massage accessory use shall mean any establishment having a fixed place of business within the city where any person performs massage either permanently or temporarily in conjunction with a primary permitted land use, and the area where the massage occurs covers less than twenty percent (20%) of the gross square footage of the primary permitted land use. Massage accessory use shall be required to obtain a massage accessory use permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code, unless expressly exempted.
Massage establishment shall mean any establishment having a fixed place of business located within the city where any person performs massage. A massage establishment shall be required to obtain a massage establishment permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code.
Residential massage establishment shall mean a massage establishment legally operating in a residence in the city as of October 2, 2021, that continuously operates in the residence with a current, valid and authentic massage establishment permit, business license and home occupation permit issued by the city, and all other necessary approvals, and that operates in compliance with all local, state and federal laws, ordinances, rules and regulations. C. Land Use/Zoning Regulations. Businesses where massage is performed as massage establishments, as a massage accessory use, and as a residential massage establishment and shall be subject to the following, in addition to all other requirements contained in Chapter 5.18 and Title 16 of this municipal code and by law:
Permitted zone limitations.
a. Massage establishments as a primary use shall meet the following criteria:
i. Are limited to the zones as detailed within Table 16.10 “Use Table For Commercial Zoning Districts”, the Downtown Murrieta Specific Plan Area Zone – MU (Mixed-Use) designation, or certain MU (Mixed-Use) Zones and, or, Commercial Zones in specific plans as determined by the Director.
ii. Are located within areas which function as a commercial land use and is developed as a shopping center, subject to the regulations, site specific standards and provisions of the below criteria and development code. A shopping center for the purpose of this subsection shall possess commercial land use controls, in the form of common lease, common area maintenance agreements for landscaping and parking areas, reciprocal easement agreements for ingress, egress and parking of vehicles, recorded declarations of covenants, conditions and restrictions defining the responsibility of landlord and tenant concerning the standards for the operation and maintenance of the center, or similar rules and regulations intended to preserve the integrity of such a center.
b. Business locations where massage is performed as a massage accessory use with required associated primary land use function, shall be permitted with limitations:
i. As referenced under Table 16.08-1 “Use Table For Residential (Single-Family) Zoning Districts”, Table 16.10 “Use Table For Commercial Zoning Districts”, Table 16.08-2 “Use Table for Residential (Multi-Family) Zoning Districts”, Table 16.10-1 “Use Table For Commercial Zoning Districts”, Table 16.11-1 "Allowable Uses And Permit Requirements For Office Districts", Table 16.12-1 "Use Table For Business Park And Industrial Districts", Table 16.13-1 "Allowable Uses And Permit Requirements For The Innovation Zoning District", and Table 16.14-1 "Use Table For Special Purpose Districts."
ii. Within the Downtown Murrieta Specific Plan Area Mixed Use (MU) land use designation. To qualify it shall provide for a barber shop, beauty salon, tanning salon, hotel, day spa, indoor recreation (health and fitness center), or offices (medical). Within the Civic/Institutional (C/I) land use designation it shall be limited to locations which provide offices (medical), hotels, or indoor recreation (health and fitness centers). Within the Rural Residential (RR), Residential – Single Family 1 (RS-1), and Residential Single-Family – 2 (RS-2) land use designations it shall be limited to locations which provide for residential care homes (up to 8), or residential care homes (up to 14).
iii. At specific plan locations that contain a commercial, and, or, mixed-use land use component. These areas would need to permit beauty and barber shops, tanning salons, health and fitness centers, hotels, medical services – offices, clinics and laboratories, medical services – hospital, assisted living/skilled nursing, recreational facilities, skilled nursing – short-term or similar primary uses as determined by the director. For residential land use locations within specific plans, it shall be limited to assisted living/skilled nursing, skilled nursing – short-term and similar primary uses as determined by the Director.
es, clinics and laboratories, medical services – hospital, assisted living/skilled nursing, recreational facilities, skilled nursing – short-term or similar primary uses as determined by the director. For residential land use locations within specific plans, it shall be limited to assisted living/skilled nursing, skilled nursing – short-term and similar primary uses as determined by the Director.
c. Residential massage establishments shall be limited to existing residential locations within the Single-Family 1 (SF-1) zone and within the Downtown Murrieta Specific Plan Single-Family 2 (SF-2) land use designation. Locations shall be limited to existing locations and only be permissible as a legal non-conforming use pursuant to the provisions of Section 5.18.060.
- d. Massage establishments, massage accessory uses, residential massage establishments shall not be permitted in any other zones within the jurisdiction of the city.
- Distance limitation. A massage establishment, as a primary use, shall be located no fewer than 1,000 (one thousand) feet from another massage establishment (established as a primary use) existing as of October 2, 2021, as measured in a straight line, without regard to intervening structures, from the property line of one massage establishment to the property line of the other massage establishment. Any existing massage establishment, which is located within 1,000 (one thousand) feet of another existing massage establishment as of October 2, 2021, is not required to relocate but is subject to all other provisions of this ordinance for the continued operation and/or transfer of ownership of the massage establishment. If any existing massage establishment desires to change locations after October 2, 2021 to another location less than 1,000 (one thousand) feet from another massage establishment, the relocation shall be subject to all other land use and zoning requirements under this development code, and compliance with this distance limitation is subject to the discretion of the director. This limitation shall not apply to businesses where massage is performed as massage accessory use, or to residential massage establishments, as those terms are defined under this development code.
ent, the relocation shall be subject to all other land use and zoning requirements under this development code, and compliance with this distance limitation is subject to the discretion of the director. This limitation shall not apply to businesses where massage is performed as massage accessory use, or to residential massage establishments, as those terms are defined under this development code.
Cap limitation. The maximum number of massage establishments as a primary use within the jurisdiction of the City of Murrieta shall not exceed one (1) massage establishment per every 5,000 (five thousand) inhabitants of the city. For purposes of this section, the total number of inhabitants of the city shall be determined by the most current published data available from the California State Department of Finance, as of the date an application for a massage establishment permit is filed. This limitation shall not apply to the following businesses: (i) businesses where massage is performed as massage accessory use, as that term is defined under this development code; (ii) residential massage establishments, as that term is defined under this development code; or (iii) any existing massage establishment so long as there is no lapse in the timely renewal of a city business license and/or massage establishment permit as required under Title 5 of this municipal code.
Existing massage establishments – legal, non-conforming use. Existing massage establishments that do not comply with the land use and zoning limitations imposed upon new massage establishments under subsections C.1, C.2 and C.3 of this section as of October 2, 2021 shall be considered a legal, non-conforming use. Such existing massage establishments shall be required to comply with all other applicable local, state and federal laws, ordinances, rules and regulations, including, but not limited to, Chapter 5.18 of this municipal code and this development code.
Compliance with laws. The owner, operator and manager, as those terms are defined under Chapter 5.18 of this municipal code, of any massage establishment, residential massage establishment, or business where massage is performed as massage accessory use, shall also comply with all applicable local, state and federal laws, ordinances, rules and regulations as they may be amended from time to time, including, but not limited to, California Business and Professions Code sections 4600 et seq. (Massage Therapy Act), California Government Code sections 51030 et seq., this Development Code and Title 5 of this Municipal Code.
(Ord. 565-21, Exhibit B (part), 2021)
16.46 Administrative Responsibility ¶
16.46.010 Purpose. ¶
The purpose of this chapter is to describe the authority and responsibilities of the city staff and appointed officials in the administration of this development code.
(Ord. 182 § 2 (part), 1997)
16.46.020 Planning Agency Defined. ¶
As provided by state law (Government Code Section 65100), the Murrieta city planning commission, director, and development services department (referred to in this development code as the department) shall perform the functions of a planning agency.
- (Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.46.030 Review Authorities. ¶
The following review authorities shall make decisions on the procedures authorized by this development code, and as identified in Table 4-1:
A. City council;
B. Planning commission;
C. Director.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.46.040 Reserved. ¶
(Ord. 422 § 5, 2009; Ord. 182 § 2 (part), 1997)
16.46.050 Director. ¶
A. Appointment. The director shall be appointed by the city manager.
B. Duties and Authority. The director shall:
Have the responsibility to perform all of the functions designated by state law (Government Code Section 65103) (Planning Agency Functions);
Have the responsibility and authority to grant applications for all administrative permits and approvals issued by the department, in compliance with Table 4-1;
Perform other responsibilities assigned by the council;
Be able to defer action on a decision subject to the director's authority and refer the application to the commission;
Perform the duties and functions as prescribed in this development code, which include the review of development projects, in compliance with state law (Government Code Section 65901 et seq.), Table 4-1 (Approval Authority and Public Hearing Requirements) and the California Environmental Quality Act (CEQA); and
Delegate the responsibilities of the director to department staff under the supervision of the director.
C. Supervision. The responsibilities of the director may be temporarily relegated to a designated department staff person in the following manner:
The responsibilities of the director may also be carried out by department staff under the supervision of the director; and
When the director designates a department staff person to act in place of the director, the staff person shall perform the duties assigned by the director in addition to those listed above, as appropriate to the personnel title of the staff designee.
TABLE 4-1
APPROVAL AUTHORITY AND PUBLIC HEARING REQUIREMENTS
| Type of Action | Public Hearing Required |
Planning Director |
Planning Commission |
City Council |
|---|---|---|---|---|
| Agricultural Preserves and Land Conservation Contract Action(16.50) |
x | Advisory | x | |
| Certificates of Compliance (16.92.050) | x | |||
| Conditional Use Permits (16.52) |
x | x | ||
| Minor Conditional Use Permits (16.52) | x (Subject to Review Process)E |
x | ||
| Development Agreements (16.54) |
x | Advisory | x | |
| Development Code Amendments (16.58) |
x | Advisory | x | |
| Development Plan Permits (16.56) |
x (Subject to Review Process)G |
x | ||
| Final Maps(16.98) | x | |||
| General Plan Amendments (16.58) |
x | Advisory | x | |
| Home Occupation Permits (16.60) |
x | |||
| Lot Line Adjustments (16.102) | x | |||
| Master Development Plans (16.64) |
x | Advisory | x | |
| Parcel Maps, Residential - Director Determination (16.140) (16.98) |
x (Subject to Review Process)F |
x | ||
| Parcel Maps, Industrial and Commercial (16.98) |
x | x | ||
| Parcel Mergers (16.104) | x | |||
| Reversions to Acreage (16.104) |
x | x | ||
| Sign Permits (16.38.040) | x | |||
| Specific Plans(16.66) | x | Advisory | x | |
| Surface Mining Permits (16.68) |
x | x | ||
| Temporary Use Permits (16.70) |
x | |||
| --- | --- | --- | --- | --- |
| Time Extensions (16.80) | x | |||
| Tract Maps(16.92) | x | x | ||
| Variance(16.72) | x | x | ||
| Minor Variances (16.72) | x | |||
| VestingMaps(16.96) | x | x | ||
| Zoning Clearances (16.74) | x | |||
| Zoning Map Amendments (16.58) |
x | Advisory | x | |
Notes:
A. For matters that are considered to have special significance or impact, the director may refer the items to the commission for determination.
B. A decision of the director may be appealed to the commission. A decision of the corn mission may be appealed to the council (see Chapter 16.78).
- C. Minor changes to an approved project may be approved in compliance with Section 16.80.070 (Changes to Approved Projects).
D. Accessory dwelling units may be developed in compliance with Section 16.44.160 (Accessory Dwelling Units).
E. Minor Conditional Use Permits shall be subject to the director's review process and referral to Planning Commission as described with Section 16.52.020.B.2 (Authority to Approve Minor Conditional Use Permits) through B.4 (Director's Decision on Minor Conditional Use Permits).
F. Tentative Residential Parcel Maps shall be subject to the director's review process and referral to Planning Commission as described with Section 16.94.140.A (Authority to Approve or Deny Residential Tentative Parcel Maps through 16.94.140.F (Disapproval of Residential Tentative Parcel Maps.
G. Certain Development Plan Permits shall be subject to the director's review process and referral to Planning Commission as described within 16.56.025.B.1 (Authority to Approve Development Plan Permits) through 16.56.025.B.3 (Director's Decision on Development Plan Permits).
(Ord. 556 § 17, 2020; Ord. 367 § 7 (part), 2006; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.48 Application Filing, Processing, and Fees ¶
16.48.010 Purpose. ¶
The purpose of this chapter is to provide procedures for filing applications for permits and other discretionary approvals and the process for determining completeness.
(Ord. 182 § 2 (part), 1997)
16.48.020 Pre-Application Conference. ¶
A prospective applicant or agent is encouraged to request a pre-application conference with the department be-fore formal submittal of a permit application. The purpose of this conference is to inform the applicant of city requirements as they apply to the proposed development project, review the procedures outlined in the development code, explore possible alternatives or modifications, and identify any necessary technical studies relating to future environmental review. Neither pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or disapproval of the application/project by the department representative(s). An appropriate fee(s) shall be charged for the pre-application conference in compliance with the council's fee resolution. (Ord. 182 § 2 (part), 1997)
16.48.030 Application Filing. ¶
Requests for permits, licenses, appeals, amendments, approvals, and other discretionary actions required or allowed by this development code, shall require that a city application form filled out in its entirety be submitted to the department. In addition, other materials, reports, dimensioned plans, or other information required to take an action on the application, as identified in this chapter and application checklist, shall be submitted with the application. The application checklist of required items for each type of application is available as a handout at the department. It is the responsibility of the applicant to ensure that all required information is provided. (Ord. 182 § 2 (part), 1997)
16.48.040 Determination of Completeness. ¶
A. Determination by Director. Applications shall not be processed in compliance with this development code before the determination by the director that the application is complete.
- B. Completed Application. A completed application shall consist of:
The application form with all applicable information included on, or attached to, the form;
Other information or forms required for implementation of the California Environmental Quality Act (CEQA) in compliance with city and state guidelines for the implementation of CEQA;
A statement indicating that the applicant is the owner of the property or is the legal representative of the property owner(s);
If the application requires a public hearing, a list of the names and addresses of all owners of the property in compliance with Chapter 16.76 (Public Hearings);
Payment in full of the required fees and/or deposit for processing the application, in compliance with the council's fee resolution;
Other information required by the director; and
An application for variance or minor variance shall include evidence to substantiate the basis for approval, in compliance with Section 16.72.040 (Findings and Decision).
(Ord. 182 § 2 (part), 1997)
16.48.050 Applicant Notification. ¶
A. Notification of Applicant. Within thirty (30) days of the filing of the application, the applicant shall be informed by a letter in compliance with state law (Government Code Section 65943), either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.
B. Expiration of Application. If a pending application is not able to be deemed complete (e.g., not accepted as complete by the city) within one hundred eighty (180) days after the first filing with the department, the application shall expire and be deemed withdrawn. The director may grant one one hundred eighty (180) day extension. A new application, including fees, plans, exhibits and other materials which will be required to commence processing of any project on the same property, may then be filed in compliance with this development code.
C. Appeal of Determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination, in compliance with Chapter 16.78 (Appeals).
D. Time Extension. The applicant and the city may mutually agree to extend the thirty (30) day time limit in order to provide adequate time to properly evaluate the application for completeness, in compliance with state law (Government Code Section 65943 (d)).
E. Additional Information. The department may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 16.48.090 (Environmental Review), below. (Ord. 182 § 2 (part), 1997)
16.48.060 Application Fees. ¶
The council shall, by resolution, establish, and from time to time amend by resolution, a schedule of fees and costs for permits, licenses, appeals, amendments, and approvals required or allowed by this development code to reimburse the city for all costs incurred as the result of its administration of this development code. (Ord. 182 § 2 (part), 1997)
16.48.070 Filing Date. ¶
The filing date of an application is the date a land use entitlement application is accepted as complete for processing. (Ord. 293 § 1 (part), 2004: Ord. 182 § 2 (part), 1997)
16.48.080 Concurrent Applications. ¶
A. Director. Where review authority rests with the director for projects being processed in compliance with this development code, and one or more related cases with review authority vested at the commission or council are being processed concurrently, the review authority for all permits, licenses, and approvals shall rest with the commission or
council, respectively, and the director's review shall be in the form of a written recommendation to the commission or council.
B. Commission. Where review authority rests with the commission for projects being processed in compliance with this development code, and one or more related cases with review authority vested at the council are being processed concurrently, the review authority for all permits, licenses, and approvals shall rest with the council, and the commission's review shall be in the form of a written recommendation to the council.
(Ord. 182 § 2 (part), 1997)
16.48.090 Environmental Review. ¶
Permits, licenses, or approvals shall not be granted in compliance with this development code before the completion and/or certification of applicable environmental documentation in compliance with the California Environmental Quality Act (CEQA) and the city's environmental review guidelines.
(Ord. 182 § 2 (part), 1997)
16.50 Agricultural Preserves and Land Conservation Contract Actions ¶
16.50.010 Purpose. ¶
The purpose of this chapter is to provide for and protect lands for which Williamson Act contracts have been or should be signed. Allowed land uses are limited to agricultural crop production, grazing, and limited sales of agricultural products.
(Ord. 182 § 2 (part), 1997)
16.50.020 Initiation. ¶
Applications for the cancellation, establishment, expansion, or other amendments to a land conservation con-tract, established in compliance with state law (California Land Conservation Act of 1965 (Williamson Act)), may be made only by the city, the property owner(s). or authorized representative (s).
(Ord. 182 § 2 (part). 1997)
16.50.030 Qualifications. ¶
The following conditions shall exist to quality for an agricultural preserve contract in compliance with the Land Conservation Act of 1965:
A. Agricultural Use . The agricultural use of the subject property is consistent with the objectives, policies, general land uses. and programs of the general plan and any applicable specific plan:
B. Agricultural Production. The subject property has been under agricultural production for a minimum period of
five years before the date of application for the contract;
C. Minimum Acreage. The subject property shall consist of a minimum often acres wider single or joint
ownership; and
D. Contract Length. The minimum contract length is ten years.
(Ord. 182 § 2 (part), 1997)
16.50.040 Proceedings. ¶
A. Director's Recommendation. Upon the acceptance of a completed application. the director shall review the application for compliance with the provisions of this development code and state law (Government Code Section 51200 et seq.). The director shall prepare a written recommendation and forward the recommendation, application, and other relevant materials to the city clerk.
- B. For the Establishment or Expansion of a Land Conservation Contract.
1. Notice and Public Hearing. The city clerk shall notice and the council shall conduct a public hearing and take
action upon the application, in compliance with Chapter 16.76 (Public Hearings).
2. Council's Action. The council shall act to approve, approve with modifications, or disapprove the application
in compliance with Section 16.50.030 (Qualifications), above. Action by the council to approve in any form shall be by ordinance.
- C. For the Cancellation of a Land Conservation Contract.
1. City Initiated. The city clerk shall notice and the council shall conduct a public hearing and take action upon
a city initiated application, in compliance with Chapter 16.76 (Public Hearings).
2. Property Owner Initiated. A noticed public hearing shall not be required for the council's consideration of a
property owner initiated application.
3. Council's Action. The council shall act to approve, approve with modifications. or disapprove the application
in compliance with Section 16.50.050 (Findings Required for Cancellations), below. Action by the council to approve in any form shall be by ordinance.
- (Ord. 182 § 2 (part), 1997)
16.50.050 Findings Required for Cancellations. ¶
The council shall be required to make the following findings of fact before acting to cancel a land conservation
contract. The council shall find that the cancellation is:
A. Consistent with the purposes of the Williamson Act;
B. For land on which a notice of nonrenewal has been served in compliance with state law (Government Code Section 51245):
C. Not likely to result in the removal of adjacent lands from agricultural use;
D. Not likely to result in discontiguous patterns of development;
E. Consistent with the objectives, policies, general land uses. and programs of the general plan and any applicable
specific plan: and
F. In the public interest.
(Ord. 182 § 2 (part), 1997)
16.52 Conditional Use Permits ¶
16.52.010 Purpose. ¶
The purpose of this chapter is to provide a process for reviewing conditional use permit applications which are intended to allow the establishment of uses which are deemed to have some special impact, uniqueness, or effect on the neighborhood surrounding the subject site. The permit application process allows for the review of the location and design of the proposed use, configuration of improvements, potential impact(s) on the surrounding neighborhood, and to ensure that development in each zoning district protects the integrity of that district.
At the time of an application for a conditional use permit, a review of the location, design configuration, and potential impact(s) of the proposed project shall be conducted by comparing the project to established standards. This review shall determine whether the proposed use should be allowed by weighing the public need for and the benefit to be derived from the use against any adverse impact(s) it may cause.
(Ord. 182 § 2 (part), 1997)
16.52.020 Authority and Applicability. ¶
- A. Review Authority. Conditional use permits may be granted in compliance with the following:
1. Commission. The commission may grant conditional use permits for any use listed in Article II (Zoning
Districts and Allowable Land Uses) as requiring a conditional use permit; and
2. Director. The director may grant minor conditional use permits, in compliance with subsection B of this section, unless the application is referred to commission for further review for the reasons stated in Section 16.52.020.B.2 (Authority to Approve Minor Conditional Use Permits) through B.4 (Director's Decision on Minor Conditional Use Permits). This referral would not be considered an appeal action and the use would be still subject to the appeal provisions of Chapter 16.78 (Appeals).
B. Minor Conditional Use Permits.
1. Minor Conditional Use Permits may be granted for only the following land use activities, in addition to those listed in Article II (Zoning Districts and Allowable Land Uses) or Article III (Site Planning and General Development Standards) as requiring a minor conditional use permit:
a. Alcoholic Beverage Sales. Alcoholic beverage sales for on-site consumption pursuant to the standards set forth in Section 16.44.030 (Alcoholic Beverage Sales);
b. Bulk Vending Machines and Small Collection Facilities. Pursuant to the standards set forth in Section
16.44.140 (Recycling Facilities);
c. Electric Vehicle Charging Stations. Pursuant to the appeal provisions as described within Section 15.63
(Electric Vehicle Charging Stations);
d. Hazardous Materials Storage. Storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold specified in the uniform building code pursuant to Section 16.18.070 (Hazardous Materials Storage);
e. Indoor Commercial Recreation. Indoor recreation facilities including amusement centers, game arcades, pool/billiard rooms, and similar uses as determined by the director, but not including cyber cafes as defined in Section 5.14.010;
- f. Indoor Vehicle Sales. The sale of vehicles conducted entirely within a building;
g. Outdoor Display and Storage. Permanent area(s) for the outdoor display and sale of merchandise pursuant to the standards set forth in Section 16.44.120 (Outdoor Display and Sales Standards) and permanent area(s) for outside storage pursuant to the standards set forth in Sections 16.44.120 (Outdoor Display and Sales Standards) and 16.44.130 (Outdoor Storage);
h. Outdoor Dining and Seating. Pursuant to the standards set forth in Section 16.44.120C (Outdoor Dining and Seating Areas);
i. Wireless Communications Facilities. Pursuant to the standards set forth in Section 16.44.170
(Telecommunication Facilities); and
j. Non-commercial Wind Energy Conversion System. Pursuant to the standards set forth in Section
16.44.220 (Non-Commercial Wind Energy Conversion Systems).
k. Residential Wedding/Event Facilities. Pursuant to the standards set forth in Section 16.44.230 (Residential Wedding/Event Facilities).
2. Authority to Approve Minor Conditional Use Permits.
a. The Planning Commission shall retain the authority to approve, conditionally approve, or disapprove a Minor Conditional Use Permit application if an application is referred for their decision, or if public hearing is requested. b. The director shall have the authority to approve, conditionally approve, or disapprove applications for a Minor Conditional Use Permit unless otherwise stated.
c. The director shall serve as the environmental review officer and shall make decisions for implementing Minor Conditional Use Permits in compliance with the California Environmental Quality Act (CEQA) as pursuant to Section 16.01.040 (Relationship to California Environmental Quality Act). Preliminary noticing shall be provided pursuant to CEQA requirements. If the Minor Conditional Use Permit application is referred to the Planning Commission for further consideration, the Commission would then be designated as the environmental review decision body for CEQA.
d. For Minor Conditional Use Permits that may have special community impacts or other unique circumstances, the director may refer the application to the commission for review. Noticing for would be provided pursuant to Chapter 16.76 "Public Hearings".
3. Review.
a. The director shall review each Minor Conditional Use Permit application filed pursuant to this chapter. If required, the director shall prepare a written report for the commission describing the proposed use for which the commission makes the decision.
4. Director's Decision on Minor Conditional Use Permits.
a. Notice of Intent to Approve or Deny. For a Minor Conditional Use permit application within the director's approval authority, the director shall make a decision to approve, conditionally approve or disapprove the minor conditional use permit and corresponding CEQA determination pursuant to the following requirements:
i. The notice shall provide that any person notified may submit written comments on the application no later than 10 days after the date of the notice.
ii. The notice shall specify that an individual can request a public hearing at the Planning Commission no later than 10 days after the date of the notice.
iii. The applicant can request a public hearing at the Planning Commission for review of the decision, or if the decision is for denial, no later than 10 days after the date of the notice.
iv. The director shall provide this notice pursuant Chapter 16.76.020 (Notice of Public Hearing) through 16.76.040 (Evidence of Notice). Please Note: The public hearing component of the referred sections would not apply with a Notice of Intent to Approve or Deny.
v. This notice shall also be provided to appropriate City Departments.
vi. If the last day to file a request for a public hearing falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the request.
b. Notice of Public Hearing. If the director receives a timely filed written request for a public hearing or review of the director's decision, the director shall schedule a public hearing with the Planning Commission and shall provide public notice pursuant to Chapter 16.76 (Public Hearings), notify the applicant and/or subdivider, any interested parties, and appropriate City departments and agencies of the date, time and location of the hearing.
c. Approval. If the action is to approve the permit, the director shall identify all the applicable findings and appropriate Conditions of Approval. This documentation shall be transmitted to the applicant.
d. Denial. If the director's decision is to disapprove the Minor Conditional Use Permit application, the decision shall include the reasons for the disapproval and corresponding findings. Furthermore, the applicant can request a public hearing at the Planning Commission for review of the decision.
e. Notice of Decision. In the event no person makes a written request for review within the time prescribed in subsection (a), or files an appeal as prescribed under subsection (f) after the decision date, the decision shall become final. The director shall provide a final notice of approval or disapproval with the corresponding CEQA determination to the applicant, any interested parties, and appropriate City departments.
f. Project and CEQA Appeal. Minor Conditional Use Permits as reviewed by the director or by the Planning Commission shall be subject to appeal provisions as described within Section 16.78 (Appeals).
g. Conditions & Post Approval. The decision maker shall have the authority to impose reasonable and necessary conditions as described under 16.52.050 (Conditions) and application shall be subject to 16.52.060 (Post Approval Procedures).
(Ord. 556 §§ 18, 19, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 486-14 § 2,2014; Ord. 430-10 § 7, 2010; Ord. 42709 § 5, 2009; Ord. 412 § 5, 2008; Ord. 408 § 3, 2008; Ord. 293 § 1 (part), 2004; Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)
16.52.030 Submittal and Review Requirements. ¶
A. Applications. Applications for conditional use permits shall be filed in compliance with Chapter 16.48 (Application Filing, Processing, and Fees).
B. Information. Information based on the handout provided by the department.
(Ord. 412 § 6, 2008; Ord. 182 § 2 (part), 1997)
16.52.040 Findings and Decision. ¶
Following a review of the application and public hearing in compliance with Chapter 16.76, the applicable review authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner per use type as described below:
A. The proposed residential use is conditionally allowed within-the subject zoning district and complies with all applicable provisions of this development code; or
B. The proposed non-residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code;
C. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan;
D. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon
environmental quality and natural resources that could not be properly mitigated and monitored;
E. The site is suitable for the type and intensity of use or development that is proposed;
F. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and
G. The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property. (Ord. 598-23 § 7, 2023; Ord. 182 § 2 (part), 1997)
16.52.050 Conditions. ¶
In approving a conditional use permit, the applicable review authority may impose specific locational, develop-mental, and operational conditions relating to both on- and off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the use and development of the property conform with the site plan, architectural drawings, and statements submitted in support of the application or with modifications that would be deemed necessary to protect the public convenience, health, safety, and general welfare. Additionally, the conditions shall ensure compliance with the objectives of the general plan and any applicable specific plan, the findings required by Section 16.52.040 (Findings and Decision), above, this development code, and to carry out the purpose and requirements of the respective zoning district. (Ord. 182 § 2 (part), 1997)
16.52.060 Post Approval Procedures. ¶
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a conditional use permit:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved conditional use permit shall expire three years from the date of approval, unless a permit has been issued or construction of the project is substantially completed before its expiration, in compliance with Chapter 16.80 (Permit Implementation, Time Limits, and Extensions). Time extensions may be granted in compliance with Section 16.80.060 (Time Extension), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the conditional use permit. If the use granted by the conditional use permit has not been exercised before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved conditional use permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved conditional use permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved conditional use permit.
F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a conditional use permit holder, the director may issue an order suspending the
conditional use permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit holder by first-class U.S. mail and by posting the subject property.
2. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operations by a conditional use permit holder, the director shall notify the permit holder and specify how the violation(s) can be remedied and the time frame within which the violations must be corrected. If the permit holder has not remedied the violation(s) in the required time frame, the director may schedule a public hearing to consider the revocation of a conditional use permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
t remedied the violation(s) in the required time frame, the director may schedule a public hearing to consider the revocation of a conditional use permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the conditional use permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
G. Run With the Land. The conditional use permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of owner-ship of the land or any lawfully existing structure on the land.
H. Expiration of Permit. A conditional use permit shall be considered to have expired if the use for which the permit was granted ceased or was suspended for at least one hundred eighty (180) successive days.
(Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.54 Development Agreements ¶
16.54.010 Purpose. ¶
The purpose of this chapter is to provide a process for reviewing development agreement applications which are intended to provide an enhanced degree of certainty in the development process for both the property owner/developer and the affected public agency. State law (Government Code Section 65865) allows local agencies to enter into contractual agreements relating to the intensity, timing, and conditions of development of real properties. This chapter shall not be construed or applied at any time to require the city to enter into an agreement; more specifically, but without limitation, no amount of preliminary negotiations, preliminary work, or any expenditure of funds shall be a basis for a claim of estoppel or bad faith that would require city approval or implementation of an unexecuted agreement.
The public interest is adequately protected by noticed public hearings before the commission and council and by a specific state law (Government Code Section 65867.5) provision subjecting a development agreement to the people's right of referendum.
(Ord. 182 § 2 (part), 1997)
16.54.020 Authority. ¶
The council is authorized to approve development agreements. The director and commission shall provide writ-ten recommendations to the council regarding development agreements. A public hearing in compliance with Chapter 16.76 shall be required.
(Ord. 182 § 2 (part), 1997)
16.54.030 Government Code Compliance. ¶
A. State Law Compliance. The provisions of this chapter shall be fully consistent, and in full compliance, with the provisions of state law (Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Section 65864 of the Government Code).
B. Discrepancies. In construing the provisions of any development agreement entered into in compliance with this chapter, those provisions shall be read to fully effectuate, and to be consistent with, the language of this chapter, state law (Article 2.5 of the Government Code, cited above), and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:
The plain terms of the development agreement itself;
The provisions of this chapter; and
The provisions of state law (Article 2.5 of the Government Code, cited above).
- (Ord. 182 § 2 (part), 1997)
16.54.040 Initiation. ¶
- A. Initiation of Hearings. Hearings may be initiated in the following manner:
1. Council. The council may instruct the commission to set the matter for hearing;
2. Commission. The commission may initiate hearings; or
3. Property Owner. The property owner may file an application for a development agreement.
B. Owner's Request. An owner(s) of real property may request and apply through the director to enter into a development agreement provided the following:
The development agreement, if approved, would be in the best interests of the city;
The status of the applicant as an owner of the property is established to the satisfaction of the director;
The application is made on forms approved, and contains all information required, by the director; and
The application is accompanied by all lawfully required documents, materials, and information.
- (Ord. 182 § 2 (part), 1997)
16.54.050 Submittal and Review Requirements. ¶
A. Application. An application for a development agreement shall be filed in compliance with Chapter 16.48 (Application Filing, Processing, and Fees).
B. Contents.
1. Mandatory Contents. A development agreement entered into in compliance with this chapter shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by state law (Government Code Section 65865.2 [Agreement contents]); and
2. Permissive Contents. A development agreement entered into in compliance with this chapter may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by state law (Government Code Section 65865.2 [Agreement contents]).
C. Director's Review. The director is authorized to receive, review, process, and prepare, together with written recommendations for commission and council consideration, all applications for development agreements.
D. Concurrent Processing and Public Hearings. All development related applications shall be processed and scheduled for public hearing(s) concurrently with the application for a development agreement. When a land use entitlement was previously approved, the approved development information shall accompany the development agreement application as required by the director. The council shall be the final review authority for the development agreement and all associated applications.
E. Fees. Processing fees, as established by the council's fee resolution, shall be collected for any application for a development agreement made in compliance with this chapter. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the director in compliance with subsection 16.54.100(A) (Subject to Periodic Review), below.
F. Demonstrate Public Benefit. Standard city planning and zoning provisions are available for the processing of normal development projects. However, the city recognizes that in specific and unique situations, it may be in the public's best interest to enter into a development agreement for the benefit of both the public and the developer. An applicant for a development agreement shall provide evidence to demonstrate the public benefits to be provided by the proposed development.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.54.060 Public Hearings. ¶
A. Notice of the Hearings. Notice of the hearings shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with state law (Government Code Section 65867).
B. Commission Hearing. The director, upon finding the application for a development agreement complete, shall set the application, together with recommendations, for a public hearing before the commission in compliance with Chapter 16.76 (Public Hearings). Following conclusion of a public hearing, the commission shall make a written
recommendation to the council that it approve, conditionally approve, or disapprove the application with appropriate findings in compliance with Section 16.54.070 (Findings and Decision), below.
C. Council Hearing. Upon receipt of the commission's recommendation, the city clerk shall set the application and written report of the commission for a public hearing before the council in compliance with Chapter 16.76 (Public Hearings). Following conclusion of the public hearing, the council shall approve, conditionally approve, or disapprove the application with appropriate findings in compliance with Section 16.54.070 (Findings and Decision), below. It may, but need not, refer matters not previously considered by the commission during its hearing back to the commission for report and recommendation. The commission may, but need not, hold a public hearing on matters referred back to it by the council.
D. Adopting Ordinance.
- An ordinance shall be adopted which authorizes execution of the development agreement by the council. The ordinance shall be in compliance with state law (Government Code Section 65867.5) and shall contain the required findings, in compliance with Section 16.54.070 (Findings and Decision), below, and the facts supporting them. It is the responsibility of the applicant to establish the evidence in support of the required findings. (Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.54.070 Findings and Decision. ¶
The council may approve a development agreement only if all of the following findings of fact can be made in a positive manner: The development agreement would:
A. Be in the best interests of the city; and
B. Be consistent with the objectives, policies, general land uses, and programs of the general plan, any applicable specific plan, and this development code.
- (Ord. 182 § 2 (part), 1997)
16.54.080 Execution and Recordation. ¶
A. Effective Date. The city shall not execute any development agreement until on or after the date on which the ordinance approving the agreement, enacted in compliance with Section 16.54.060(D) (Adopting ordinance), above, becomes effective and until it has been executed by the applicant.
B. Agreement Deemed Withdrawn. If the applicant has not executed the development agreement and re-turned the executed agreement to the city clerk within thirty (30) days following the date of council decision to approve the agreement, the development agreement application shall be deemed withdrawn. The council may extend the thirty (30) day period if a written request is filed prior to the expiration.
C. Other Permits or Entitlements. The provisions of this chapter shall not be construed to prohibit the director, commission, or council from conditioning approval of a discretionary permit or entitlement on the execution of a development agreement where the condition is otherwise authorized by law.
D. Recordation. A development agreement shall be recorded with the county recorder no later than ten days after it is executed, in compliance with state law (Government Code Section 65868.5).
- E. Repealed by Ordinance 293.
F. Referendum. The adopting ordinance may be subjected to referendum in compliance with state law (Government Code Section 65867.5).
(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)
16.54.090 Environmental Review.
The approval or conditional approval of a development agreement in compliance with this chapter shall be deemed a discretionary act for purposes of the California Environmental Quality Act (CEQA). (Ord. 182 § 2 (part), 1997)
16.54.100 Periodic Review. ¶
A. Subject to Periodic Review. Every development agreement, approved and executed in compliance with this chapter, shall be subject to periodic review, as specified in the agreement, by the director during the full term of the agreement. Appropriate fees to cover the city's cost(s) to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with subsection 16.54.050(A) (Application), above.
B. Purpose of Periodic Review. The purpose of the periodic review shall be to determine whether the applicant/contracting party or the successor(s)-in-interest has complied in good faith with the terms and/or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or the successor(s) to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the city.
C. Result of Periodic Review. If, as a result of a periodic review in compliance with this section, the director finds and determines, on the basis of substantial evidence, that the applicant/contracting party or the successor(s)-in-interest has not complied in good faith with the terms or conditions of the agreement, the director shall notify the commission who may recommend to the council that it order, after a noticed public hearing in compliance with Chapter 16.76 (Public Hearings), the agreement to be terminated or modified.
(Ord. 182 § 2 (part), 1997)
16.54.110 Amendment or Cancellation of Development Agreement. ¶
A. Property Owner Initiated. A development agreement may be amended or canceled, in whole or in part, by mutual consent of all parties to the agreement, or their successor(s)-in-interest, in compliance with state law (Government Code Section 65868). The requested amendment or cancellation shall be processed in the same manner specified by this chapter for the adoption of a development agreement.
B. City Initiated. If the city initiates a proposed amendment to, or a cancellation in whole or in part of, the agreement, the city shall first give written notice to the party executing the agreement of its intention to initiate the proceedings not less than thirty (30) days in advance of the giving of notice of the public hearing to consider an amendment or cancellation. Notice to the property owner(s) shall be given by U.S. mail, with first class postage, addressed to the party at the address last known to the director. (Ord. 182 § 2 (part), 1997)
16.54.120 Effect of Development Agreement. ¶
Unless otherwise provided by the development agreement, the rules, regulations, and official policies governing allowed uses of the land, density, design, improvement, and construction standards, and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.
Unless specifically provided for in the development agreement, the agreement does not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the city from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations, and policies.
(Ord. 182 § 2 (part). 1997)
16.54.130 Approved Development Agreements. ¶
Development agreements approved by the council shall be on file with the city clerk. (Ord. 182 § 2 (part), 1997)
16.56 Development Plan Permits ¶
16.56.010 Purpose. ¶
The purpose of this chapter is to provide a process for reviewing development plan permit applications which are intended to protect the integrity and character of the residential, commercial, and industrial areas of the city, through the application of this chapter consistent with the general plan. At the time of application submittal a review of configuration. design, location, and impact of the proposed use shall be conducted by comparing the use to established standards and design guidelines. This review shall determine whether the permit should be approved by weighing the public need for and the benefits to be derived from the use against the impacts it may cause.
(Ord. 182 § 2 (part), 1997)
16.56.020 Applicability. ¶
A. Development plan permit required.
- A development plan permit shall be required under the following conditions:
a. Development of vacant property;
b. Change in use that requires additional off-street parking;
c. Expansion or modification of an existing entitled multi-family or non-residential structure or use not subject to Section 16.80.070; or,
d. As may otherwise be required by this chapter.
Projects meeting the conditions above and subject to Chapter 16.52 (conditional use permits) are not required to process a development plan permit. However, all requirements and findings associated with a development plan permit shall also apply to the conditional use permit.
Notwithstanding Section 16.56.020.A.1, a development plan permit shall not be required for the following.
a. Individual residential development such as a custom, speculative, or relocated single-family residence.
b. Accessory dwelling units, Refer to Section 16.44.160 for criteria.
c. Single-family residential building additions or residential accessory structures that are less than 1,000 square feet in size.
(Ord. 595-23 § 4, 2023; Ord. 556 § 20, 2020; Ord. 544 § 20, 2019; Ord. 538, Exhibit A (part), 2018; Ord. 430-10 § 8, 2010; Ord. 427-09 § 6, 2009; Ord. 182 § 2 (part), 1997)
16.56.025 Authority. ¶
A. Development Plan Permit Decision - Administrative. A development plan permit for the following may be administratively approved by the Director without public notice or public hearing.
1. CEQA Exemptions. Development plan permits that are required pursuant to Section 16.56.020.A.l.b, c or d
that are statutorily or categorically exempt from the California Environmental Quality Act (CEQA);
2. Comprehensive Signs Programs. New or revised comprehensive sign programs pursuant to the standards in
Chapter 16.38 (Sign Standards);
3. Dwelling Units. Residential construction projects of two (2) to four (4) dwelling units on one (1) parcel, unless
otherwise specified in this development code, and in accordance with Chapter 16.08 (Residential Districts):
4. Model Home Complex. Temporary model homes and real estate sales offices, to be used solely for the first
sales of homes;
5. Parking Lots. New construction or expansion of parking lots pursuant to the standards in Chapter 16.34 (Off-
Street Parking and Loading Standards);
6. Residential Development Site Plan. Site and design plans for development of greater than or equal to five
single-family homes in the same single- family residential subdivision;
7. Tree Removal. Removal of existing protected trees pursuant to the standards in Chapter 16.42 (Tree
Preservation).
8. Ministerial Multi-Family Residential. The ministerial review process of certain qualifying Multi-Family Residential projects, consistent with this Development Code and the applicable Objective Design Standards, under this sub-section shall not be subject to CEQA review for a Development Plan. The following projects are subject to a ministerial administrative Development Plan review:
a. A Multi-Family Residential project proposing 20 percent or more affordable units to low income households located in the Transit Oriented Development Overlay within an area that allows for residential development.
b. A Multi-Family Residential project proposing 20 percent or more affordable units to low income households located in the Downtown Murrieta Specific Plan within an area that allows for residential development.
c. A Multi-Family Residential project proposed within an area pursuant to State law that allows for residential development under a ministerial objective review process, and that is able to qualify under the applicable State law such as, but not limited to Senate Bill 6, Senate Bill 35 or Assembly Bill 2011.
d. Or any combination of the above.
All decisions of the director are subject to appeal to the commission in compliance with Chapter 16.78, except for projects that are Ministerial Multi-Family Residential, in which case a ministerial Development Plan decision of the Director is not discretionary and shall be final. For projects that may have special community impacts or other unique circumstances, the director may refer the application to the commission for consideration.
to appeal to the commission in compliance with Chapter 16.78, except for projects that are Ministerial Multi-Family Residential, in which case a ministerial Development Plan decision of the Director is not discretionary and shall be final. For projects that may have special community impacts or other unique circumstances, the director may refer the application to the commission for consideration.
B. Development Plan Permit Decision - Director's Review and Processing. For projects subject to a development plan permit and not listed in section 16.56.025(A) (Development Plan Permit Decision - Administrative) the following process shall be implemented:
1. Authority to Approve Development Plan Permits.
a. The Planning Commission shall retain the authority to approve, conditionally approve, or disapprove a Development Plan Permit application if an application is referred for their review or if a public hearing is requested. b. The director shall have the authority to approve, conditionally approve, or disapprove applications for a Development Plan Permit unless otherwise stated.
c. The director shall serve as the environmental review officer and shall make decisions for implementing Development Plan Permits in compliance with the California Environmental Quality Act (CEQA) pursuant to Section 16.01.040 (Relationship to California Environmental Quality Act). Noticing shall be provided pursuant to CEQA requirements. If the Development Plan Permit application is referred to the Planning Commission for further consideration, the commission would be designated as the environmental review decision body for CEQA.
d. For Development Plan Permits that may have special community impacts or other unique circumstances, the director may refer the application on to the commission for a decision. Noticing for would be provided pursuant to Chapter 16.76 "Public Hearings".
2. Review. The director shall review each development permit application filed pursuant to this chapter. If required, the director shall prepare a written report for the commission describing the proposed project for which the commission makes the decision.
3. Director's Decision on Development Plan Permits.
a. Notice of Intent to Approve or Deny. For a Development Plan Permit application within the director's approval authority, the director shall make a decision to approve, conditionally approve or disapprove the
Development Plan Permit and the corresponding CEQA determination pursuant to the following requirements: i. The notice shall provide that any person notified may submit written comments on the application no later than 10 days after the date of the notice.
ii. The notice shall specify that an individual can request a public hearing at the Planning Commission no later than 10 days after the date of the notice.
iii. The applicant can request a public hearing at the Planning Commission for review of the decision, or if the decision is for denial, no later than 10 days after the date of the notice.
iv. The director shall provide this notice pursuant Chapter 16.76.020 (Notice of Public Hearing) through 16.76.040 (Evidence of Notice). Please Note: The public hearing component of the referred sections would not apply with a Notice of Intent to Approve or Deny.
v. This notice shall also be provided to appropriate City Departments. vi. If the last day to file a request for a public hearing falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the request.
b. Notice of Public Hearing. If the director receives a timely filed written request for a public hearing or review of the director's decision, the director shall schedule a public hearing with the Planning Commission and shall provide public notice pursuant to Chapter 16.76 (Public Hearings), notify the applicant and/or subdivider, any interested parties, and appropriate City departments and agencies of the date, time and location of the hearing.
c. Approval. If the action is to approve the permit, the director shall identify all the applicable findings and appropriate Conditions of Approval. This documentation shall be transmitted to the applicant.
d. Denial. If the director's decision is to disapprove the Development Plan permit application, the decision shall include the reasons for the disapproval and corresponding findings. Furthermore, the applicant can request a public hearing at the Planning Commission for review of the decision, or if the decision is for denial.
e. Notice of Decision. In the event no person makes a written request for review within the time prescribed in subsection (a), or files an appeal as prescribed under subsection (f) after the decision date, the decision shall become final. The director shall provide a final notice of approval or disapproval with the corresponding CEQA determination to the applicant, any interested parties, and appropriate City departments.
f. Project and CEQA Appeal. Development Plan Permits as reviewed by the director or by the Planning Commission shall be subject to appeal provisions as described within Section 16.78 (Appeals).
g. Conditions & Post Approval. The decision maker shall have the authority to impose reasonable and necessary conditions as described under 16.56.050 (Conditions) and application shall be subject to 16.56.060 (Post Approval Procedures).
(Ord. 595-23 § 4, 2023; Ord. 556 § 21, 2020; Ord. 544 § 21, 2019)
16.56.030 Submittal and Review Requirements. ¶
Development plan permit applications shall contain the following:
A. Completed planning application form and required fee; and
B. Information based on the handout provided by the department.
(Ord. 182 § 2 (part), 1997)
16.56.040 Findings and Decision. ¶
Following a review of the application and public hearing in compliance with Chapter 16.76, the director shall act to approve, approve with conditions, or disapprove the development plan permit. The director may approve a development plan permit only if all of the following findings of fact can be made in a positive manner:
A. The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this development code;
- B. The proposed use would be consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan;
C. The approval of the development plan permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;
D. The location, size, design, and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located;
- E. The subject site is physically suitable for the type and density/intensity of the use being proposed; and
F. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public convenience, health, safety, or general welfare. (Ord. 182 § 2 (part), 1997)
16.56.050 Conditions. ¶
In approving a development plan permit, the director may impose specific development conditions relating to both onand off-site improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.56.040 (Findings and Decision), above, and to carry out the purpose and requirements of the respective zoning district. (Ord. 182 § 2 (part), 1997)
16.56.060 Post Approval Procedures. ¶
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a development plan permit:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions ofthis development code, each approved development plan permit shall expire three years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been substantially constructed or a building permit issued before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the development plan permit. If the use granted by the development plan permit has not been substantially constructed or a building permit issued before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved development plan permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved development plan permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved development plan permit.
- F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement officer of a violation of this chapter or the conditions of operations by a development plan permit holder, the director may issue an order suspending the development plan permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit holder by first-class U.S. mail and by posting the subject property. 2. Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made, the director shall schedule a public hearing to consider the revocation of a development plan permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation, and to all ad-joining residents and property owners.
n made, the director shall schedule a public hearing to consider the revocation of a development plan permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation, and to all ad-joining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the development plan permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
G. Run With the Land. The development plan permit that is valid and in effect, and was granted in compliance with the provisions ofthis chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.
(Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.58 General Plan, Zoning Map, and Development Code Amendments ¶
16.58.010 Purpose. ¶
The purpose of this chapter is to provide procedures for the amendment of the general plan, the zoning map, and this development code, whenever required by public convenience, health, safety, and general welfare. In addition, state law (Government Code Section 65400 et seq.) requires that the general plan be periodically updated. A general plan amendment may include revisions to actions, goals, land use designations, policies, or text. Zoning map amendments have the effect of rezoning property from one zoning district to another. Amendments to this development code may modify any procedures, provisions, requirements, or standards, applicable to the development, and/or use of property within the city.
(Ord. 182 § 2 (part), 1997)
16.58.020 Authority. ¶
Authority for the approval of amendments to the general plan, the zoning map, and this development code shall be vested in the council. The director and the commission shall provide written recommendations to the council regarding the amendments. A public hearing in compliance with Chapter 16.76 shall be required. Amendments to zoning districts or text of this development code that are not consistent with the general plan shall be accompanied by a general plan amendment application.
(Ord. 182 § 2 (part), 1997)
16.58.030 Initiation. ¶
An amendment to the general plan, the zoning map, or this development code may be initiated by any of the following actions:
A. Council or Commission. The majority vote of the council or commission;
B. Property Owner. The filing of an application from the property owner(s) or the authorized agent, or any affected party. If the property for which an amendment is proposed is in more than one ownership, all of the owners or their authorized agents shall join in filing the application; and
C. Director. The determination by the director that the amendment is necessary to implement or achieve consistency with the general plan and any applicable specific plan.
(Ord. 182 § 2 (part), 1997)
16.58.040 Submittal and Review Requirements. ¶
Applications for an amendment to the general plan, the zoning map and this development code shall contain the following information:
A. Application Contents. Completed planning application form and required fee and attachments (see also Section
16.48.030);
B. Information. Information based on the handout provided by the department.
C. Revised Map(s). Map(s) with the area to be changed outlined in a heavy, black line with the proposed change
clearly labeled;
D. Revised Text. Text, with the existing words to be deleted, lined through, and the words to be added under-lined; and
E. Supporting Statements. Statement(s) describing either the reason of public convenience, health, safety, and general welfare requiring the amendment or how the changes implement the general plan and any applicable specific plan.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.58.050 Notice and Hearing. ¶
Upon receipt of a complete application to amend the general plan, the zoning map, or this development code, or on initiation by the commission or council, and following department review, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with Chapter 16.76 (Public Hearings). (Ord. 182 § 2 (part), 1997)
16.58.060 Commission Action on Amendments. ¶
The commission shall make a written recommendation to the council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings contained in Section 16.58.080 (Findings), below. A recommendation to approve or approve in modified form shall be carried by the affirmative vote of the majority of the entire commission.
(Ord. 430-10 § 9, 2010; Ord. 293 § 1 (part), 2004: Ord. 182 § 2 (part), 1997)
16.58.070 Council Action on Amendments. ¶
A. Council's Action. Upon receipt of the commission's recommendation, the council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in Section 16.58.080 (Findings), below.
If the council proposes to adopt a substantial modification to the amendment not previously considered by the commission during its hearings, the proposed modification may be first referred back to the commission for its recommendation, in compliance with state law (Government Code Sections 65356 [General Plan Amendments] and 65857 [Zoning Map/Code Amendments]).
- B. Adoption.
1. General Plan. Amendments to the general plan shall be adopted by resolution; and
2. Zoning Map and Development Code. Amendments to the zoning map or this development code shall be
adopted by ordinance.
C. General Plan Consistency. The council may amend all or part of the general plan, or any element thereof. All zoning districts, any specific plan, and other plans of the city that are applicable to the same areas or matters affected by the general plan amendment, and which by state law shall be consistent with the general plan, shall be reviewed and amended concurrently as necessary to ensure consistency between the general plan and implementing zoning, specific plans, and other city adopted plans.
(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)
16.58.080 Findings—General Plan, Zoning Map, and Development Code Amendments. ¶
An amendment to the general plan, the zoning map, or this development code may be approved only if all of the following findings of fact can be made in a positive manner, as applicable to the type of amendment. It is the responsibility of the applicant to establish evidence in support of the required findings.
A. Mandatory Findings Required for all Amendments (e.g., General Plan, Zoning Map, and Development Code.
The proposed amendment ensures and maintains internal consistency with all ofthe objectives, policies, general land uses, programs, and actions of all elements of the general plan;
The proposed amendment would not be detrimental to the public convenience, health, safety, or general welfare of the city; and
The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
B. Additional Findings for Zoning Map Amendments. The site(s) is/are physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).
C. Additional Findings for Development Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this development code.
(Ord. 182 § 2 (part), 1997)
16.58.090 Restrictions on General Plan Amendments. ¶
Except as otherwise provided in state law, no mandatory element of the general plan shall be amended more frequently than four times during any calendar year. Each amendment may include more than one change to the general plan. The limitation on the annual number of amendments does not apply in the following circumstances:
A. Low- or Moderate-Income. A general plan amendment requested and necessary for a single development of residential units, at least twenty-five (25) percent of which will be occupied by or available to persons and families of low- or moderate-income, as defined by state law ( Health and Safety Code Section 50093). The specified percentage of low- or moderate-income housing may be developed on the same site as other residential units pro-posed for development, or on another site(s) encompassed by the general plan, in which case the combined total number of residential units shall be considered a single development proposal for purposes of this chapter;
- B. Required by State Law. A general plan amendment required by:
A court decision made in compliance with state law (Government Code, commencing with Section 65750) (Definitions: "Petition");
State law (Government Code Section 65302.3(b)) (Consistency with Airport Land Use Plan); or
State law (Health and Safety Code Section 56032(d)) (Comprehensive Development Plans).
C. Optional General Plan Elements. A general plan amendment affecting only optional general plan elements.
(Ord. 182 § 2 (part), 1997)
16.58.100 Pre-zoning. ¶
A. Purpose. For the purpose of establishing zoning regulations, which would become effective only upon annexation, property outside the corporate boundaries of the city, but within the city's sphere of influence, may be classified within one or more zoning districts in the same manner and subject to the same procedural requirements applicable to properties within the city.
B. Zoning Map Revisions. Upon passage of an ordinance establishing the appropriate pre-zoning designation for property outside of the city, the zoning map shall be revised to identify each zoning district or districts applicable to
the property with the label of "Pre-", in addition to the other applicable map designations. (Ord. 182 § 2 (part), 1997)
16.60 Home Occupation Permits ¶
16.60.010 Purpose. ¶
The purpose of this chapter is to provide a process for reviewing home occupation permit applications which are intended to allow for specified activities with are deemed to cause minimal impact(s) on neighboring parcels, if conducted in compliance with the applicable standards of this development code and appropriate operational conditions imposed by the director.
(Ord. 182 § 2 (part). 1997)
16.60.020 Authority. ¶
The director is authorized to approve home occupation permits, subject to the appeal provisions of Chapter 16.78. A public hearing shall not be required for issuance of a home occupation permit, unless subject to an appeal. (Ord. 182 § 2 (part), 1997)
16.60.030 Applicability. ¶
A. Home Based Enterprises. The home occupation permit is intended to allow for enterprises that are con-ducted within homes in residential zoning districts, and that are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses.
B. Commercial and Industrial Businesses. Business uses which are routinely operated in commercial or industrial zoning districts shall not be allowed as home occupations.
C. Cottage Industries. For residential zoning districts and incidental and secondary to the use of the dwelling unit, cottage industries shall be allowed subject to the standards in this chapter.
(Ord. 544 § 23, 2019; Ord. 182 § 2 (part), 1997)
16.60.040 Submittal and Review Requirements. ¶
- A. Application Contents. Applications for home occupation permits shall include the following information:
Completed planning application form and required fee and attachments (see also Section 16.48.030);
Accurate and detailed description of the proposed use including the location for the storage of materials and equipment, and total square footage to be utilized for the home occupation; and
If an applicant is not the owner of the property where a home occupation is to be conducted, then a signed statement from the property owner approving the use of the dwelling unit for home occupation purposes shall be submitted with the application.
B. Compliance with Conditions. Upon acceptance of a home occupation permit application, the director shall review the request for compliance with the conditions identified in Section 16.60.050 (Conditions for Home Occupations) below. The director shall render a written decision within fifteen (15) calendar days of the application being accepted as complete. The decision shall clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions in compliance with Chapter 16.78.
C. City Business License.
1. Business License Required. Immediately following the effective date of an approved home occupation
permit, when no appeal has been filed, the applicant shall obtain a city business license.
2. Nontransferable. City business licenses are issued to a specific address and are not automatically transferable
to a new location.
3. Expire Annually. City business licenses expire on a annual basis.
4. Annual Renewal. If the business license is not renewed within thirty (30) days after expiration, the home
occupation permit shall become void.
- (Ord. 544 §§ 24, 25, 2019; Ord. 182 § 2 (part), 1997)
16.60.050 Home Occupations and Cottage Food Operations. ¶
Home occupations, including in-home offices, shall be allowed on property used for residential purposes, subject to the following conditions:
A. The use of the dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit or property involved.
B. There shall be no exterior evidence of the conduct of a home occupation, including outdoor display of equipment, materials, or supplies related directly or indirectly to the home occupation activity. A home occupation shall be conducted entirely within a dwelling, or an attached garage with the exception of tutoring in sports as defined in 16.60.050.L.2.
C. The residents of the dwelling unit, and no more than one non-resident employee, may be engaged in the home occupation.
D. There shall be no signs, banners or flags identifying or advertising the home occupation.
E. The home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located.
F. The required residential off-street parking shall be maintained.
G. Limited indoor storage of goods or supplies (125 cubic feet maximum) may take place within no more than one room of the dwelling and/or in the attached garage (provided required parking on-site is maintained and properly located).
H. There shall be no separate entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home occupation, unless required by local or state law;
I. There shall be no process, procedure, substance, or chemical used which is hazardous to public convenience, health, safety, or general welfare or that changes the fire safety or occupancy classifications of the residence.
J. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. Home occupation activities shall not produce dust, glare, noxious matter, or vibrations beyond the subject property lines.
- K. Maximum number of customers and vendors.
Home occupations may have a maximum of one customer or vendor on the premises at any one time, between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Home occupations shall not host customers or vendors on the premises more frequently than one customer or vendor within a 2-hour time period.
Home occupations involving tutoring students in music, academics, dance swimming or tennis at a residence may have a maximum of six non-resident students at any one time, and no more than 18 non-resident students during any one day. Sports related tutoring may be conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday.
- L. Notwithstanding the provisions above, the following uses are prohibited:
Automotive repair or other vehicle repair, body or mechanical;
Welding or Machining;
Medical Clinics or Labs;
Animal Hospitals, Kennels and grooming facilities[1] ; and
Uses that require explosives or highly combustible or toxic materials.
M. The home occupation use shall not have utility services modifications, other than those required for normal residential use that would be classed as commercial or industrial in load or design.
N. Cottage Foods Operation.
Cottage Foods Operations shall be permitted as defined by Health and Safety Code Section 113758, conducted only within a dwelling that contains the dwelling's kitchen and shall not be allowed in a garage or other accessory building.
There shall be no on-premise sale of goods except as allowed for a Cottage Food Operation by Health and Safety Code Section 114365 and with a valid County of Riverside Cottage Food permit from Department of Environmental Health. Occasional transport of goods from the premises for off-site sale may occur. Internet sales are not considered on-premise sale of goods.
O. No person shall commence or carry on a home occupation/cottage food operation without first having received approval of a city business license.
P. Home occupations shall comply with all noise, lighting, nuisance, health/safety, and other applicable city and state regulations.
1 Animal sitting or grooming facilities may be permitted when conducted entirely indoors; the total number of
animals present at any given time shall not exceed that allowed in Section 16.44.040. Grooming services shall be limited to one customer on the premises at any one time, between 7:00 a.m. and 7:00 p.m., Monday through Saturday with no more than one customer within a 2-hour time period.
(Ord. 544 §§ 26, 27, 2019; Ord. 182 § 2 (part), 1997)
16.60.070 Findings and Decision. ¶
A home occupation permit application may be approved only if all of the following findings of fact can be made in a positive manner:
A. The requested home occupation is not prohibited in compliance with Section 16.60.050 (Prohibited Home Occupation Uses/Cottage Industries); and
B. The requested home occupation permit would comply with all of the conditions specified in Section 16.60.050; and
C. The issuance of the home occupation permit would not be detrimental to the public convenience, health, safety, or general welfare.
(Ord. 544 § 28, 2019; Ord. 182 § 2 (part), 1997)
16.60.090 Inspections. ¶
The director shall have the right at any time, upon request, to enter and inspect the premises subject to a home occupation permit.
(Ord. 544 § 30, 2019; Ord. 182 § 2 (part), 1997)
16.60.100 Post Approval Procedures. ¶
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation. Time Limits, and Extensions), shall apply following the approval of a home occupation permit:
A. Appeals. The decision of the director shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code each approved home occupation permit shall expire three years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section
16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the home occupation permit.
If the use granted by the home occupation permit has not been exercised before its expiration, and a time ex-tension is not granted, the provisions of Chapter 16.80 (Permit implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of
the approved home occupation permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved home occupation permit may be approved in
compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for
the faithful performance of any/all conditions of approval imposed as part of the approved home occupation permit.
F. Suspension/Revocation.
1. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions operations by a home occupation permit holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a home occupation permit to be held by the commission, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation, and to all adjoining residents and property owners.
2. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the home occupation permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
(Ord. 544 § 31, 2019; Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)
16.64 Master Development Plans ¶
16.64.010 Purpose. ¶
The purpose of this chapter is to provide a process for reviewing master development plan applications which are intended to provide a comprehensive framework for the development of private property. (Ord. 182 § 2 (part), 1997)
16.64.020 Function. ¶
The properties that require a master development plan are ones that because of unique characteristics, including location. shape. size. topography, or use, would benefit from comprehensive planning. It is further the intent of a master development plan to provide flexibility in the planning review process so that once a master development plan is approved, subsequent approvals may be done administratively as long as they are consistent with the approved plan. For purposes of this chapter, master development plans are not to be considered to be specific plans as regulated by state law (Government Code Section 65450 et seq.).
(Ord. 182 § 2 (part), 1997)
16.64.030 Definitions. ¶
Master Development Plan. A comprehensive master plan which identifies the distribution, location, and extent of land uses within a development site and identifies regulations and criteria for the development of the site. Implementing Development Plan. A development plan which is undertaken to implement a portion or all of a master development plan and is consistent with the adopted master development plan. (Ord. 182 § 2 (part), 1997)
16.64.040 Authority. ¶
The council is authorized to approve master development plans and amendments. The director and commission shall provide written recommendations to the council regarding master development plan adoption and amendments. A public hearing in compliance with Chapter 16.76 shall be required. (Ord. 182 § 2 (part), 1997)
16.64.050 Applicability. ¶
This chapter shall apply to the following:
A. General Plan. All sites designated in the general plan with a master plan overlay and on property that is over ten and up to two hundred (200) acres in size; or
B. Benefit to the City. In area(s) of the city where the council believes that implementation of a master development plan would benefit the proposed project and the city.
(Ord. 182 § 2 (part), 1997)
16.64.060 Initiation. ¶
Adoption of a new master development plan or amendment to an existing master development plan may be initiated in the following manner:
A. Council. The council may instruct the commission to set the matter for hearing;
B. Commission. The commission may initiate hearings; or
C. Property Owner. The property owner(s) or the authorized agent, or an affected party may file an application for a master development plan. If the property for which a master development plan or amendment is proposed is in more than one ownership, all of the owners or their authorized agent(s) shall join in filing the application. (Ord. 182 § 2 (part), 1997)
16.64.070 Submittal and Review Requirements. ¶
Applications for a new master development plan or amendment shall contain the following information:
A. Application Contents. Completed planning application form and required fee and attachments (see also Section 16.48.030); and
- B. Information. Information based on the handout provided by the department.
(Ord. 182 § 2 (part), 1997)
16.64.080 Notice and Hearing. ¶
Upon receipt of a complete application for a master development plan or amendment, or on initiation by the commission or council, and following department review, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with Chapter 16.76 (Public Hearings). (Ord.182 § 2 (part), 1997)
16.64.090 Commission Review. ¶
The commission shall make a written recommendation to the council whether to approve, approve in modified form, or deny the proposed master development plan or amendment, based on the findings contained in Section 16.64.110 (Findings and Decision), below.
(Ord. 293 § 1 (part), 2004: Ord. 182 § 2 (part), 1997)
16.64.100 Council Review and Action. ¶
The council may approve, approve with modifications, or disapprove the proposed master development plan or amendment, based on the findings contained in Section 16.64.110 (Findings and Decision), below. The plan may be adopted by ordinance and may be amended as often as deemed necessary by the council. (Ord. 182 § 2 (part), 1997)
16.64.110 Findings and Decision. ¶
The council may approve a master development plan or amendment only if all of the following findings of fact can be made in a positive manner:
A. The proposed master development plan is consistent with the objectives, policies, general land uses, pro-grams, and actions of all elements of the general plan;
B. The master development plan adequately addresses the physical development characteristics of the subject site;
C. The development standards contained in the master development plan serve to protect the public convenience, health, safety, and general welfare;
D. The master development plan is consistent with all applicable requirements of local ordinances and state law;
E. The proposed master development plan or amendment would be in compliance with the provisions of the California Environmental Quality Act (CEQA); and
F. For master development plan amendments only: In the case of a master development plan amendment, the following additional finding shall be made before its adoption: The proposed master development plan amendment would not create internal inconsistencies within the master development plan and is consistent with the purpose and intent of the master development plan it is amending: (Ord. 182 § 2 (part), 1997)
16.64.120 Periodic Review. ¶
The city shall review the master development plan as necessary to ensure compliance by the applicant or the successor(s)-in-interest. During this review, the applicant or the successor(s)-in-interest shall demonstrate compliance with the terms of the master development plan to the full satisfaction of the director. The burden of proof on this issue is upon the applicant or successor(s).
(Ord. 182 § 2 (part), 1997)
16.64.130 Processing of Implementing Development Plan Permits. ¶
A. Applicability. An administrative development plan permit shall be required to implement all or any portion of an adopted master development plan.
B. Authority. The director, shall have the authority to approve implementing development plan permits that are consistent with an adopted master development plan.
C. Environmental Review. The director shall serve as the environmental review officer and shall make decisions for implementing development plan permits in compliance with the California Environmental Quality Act (CEQA) and the state Department of Fish and Game regulations including determination of categorical and statutory exemptions, negative declarations, and de minimis impact findings.
D. Submittal and Review Requirements. The submittal and review requirements of a development plan permit to implement a master development plan shall be in compliance with Chapter 16.56 (Development plan permits).
E. Public Notice Required. Public notification of the director's intended action shall be required for implementing development plan permits, except that the director may refer an implementing development plan permit to the commission for review and consideration.
F. Appeals. Decisions made relative to an implementing development plan permit by the director may be appealed to the commission in compliance with Chapter 16.78.
(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)
16.66 Specific Plans ¶
16.66.010 Purpose. ¶
The purpose of this chapter is to provide a method for the adoption of specific plans, in order to provide adequate development flexibility for innovation in residential building types, land use mixes, site design, and c velopment concepts. In addition, it is the purpose of this chapter to provide a method for amending specific plans to ensure their continued effectiveness and responsiveness to market demands over time. (Ord. 182 § 2 (part), 1997)
16.66.020 Function. ¶
Specific plans are a significant tool to implement the general plan, as well as an inducement to the development of mixed use developments desired by the city. A specific plan documents the proposed extent, distribution, in-tensity, and location of major components of public and private drainage, energy, parks, sewage, solid waste disposal, transportation, water, and other essential facilities proposed to be located within or needed to support the land uses described in the plan, as well as implementation and financing methods and added benefits to the city as a whole. (Ord. 182 § 2 (part), 1997)
16.66.030 Authority. ¶
The council is authorized to approve specific plans and specific plan amendments. The director and the commission shall provide written recommendations to the council regarding specific plan adoption and amendments. A public hearing in compliance with Chapter 16.76 shall be required.
(Ord. 182 § 2 (part), 1997)
16.66.040 Applicability. ¶
This chapter shall apply to the following:
- A. General Plan. All sites designated in the general plan for a specific plan;
B. Council Determination. The council may determine that because of a project's size, mixed uses, adverse environmental impacts, local controversy, or other factors, a specific plan is required for a privately-initiated project; or
C. Benefit to the City. Any area(s) of the city where the applicant believes that implementation of a specific plan will benefit the proposed project and the city.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.66.050 Initiation. ¶
Adoption of a new specific plan or an amendment to an existing specific plan may be initiated in the following manner:
A. Council. The council may initiate the preparation of a specific plan;
B. Commission. The commission may initiate the preparation of a specific plan; or
C. Property Owner. The property owner(s) or the authorized agent, or an affected party may file an application for a specific plan. If the property for which a specific plan or specific plan amendment is proposed is in more than one ownership, all of the owners or their authorized agent(s) shall join in filing the application. (Ord. 182 § 2 (part), 1997)
16.66.060 Submittal and Review Requirements. ¶
A. Pre-Application Conference Procedure.
Before submitting an application for a specific plan, the applicant or prospective developer is strongly encouraged to request a pre-application conference with the director to obtain information and guidance before preparing plans, surveys and other data. Coordination of the preparation of the environmental documentation shall also be discussed.
Neither the pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval or disapproval by the city representative(s).
An appropriate fee(s) shall be charged for the pre-application conference in compliance with the council's fee resolution.
The preliminary consultations shall be relative to a conceptual development plan, which shall include the following:
a. Proposed land uses to be developed within the district;
b. Development concepts to be employed;
c. Schematic maps, illustrative material, and narrative sufficient to describe the general relationships between land uses, and the intended design character and scale of the principal features; and
d. A preliminary time schedule for development, including quantitative data, including population, housing units, land use acreage and other data sufficient to illustrate phasing of the proposed development and potential impact(s) on public service requirements.
B. Associated Amendments. All specific plan and specific plan amendment applications shall be accompanied by an application to amend the following:
The general plan to incorporate the specific plan by reference;
The zoning map to change the underlying zoning district to a specific plan overlay zone.
- C. Application Contents. Applications for a specific plan or specific plan amendment shall contain the following information:
1. Application. Completed planning application form and required fee and attachments (see also Section
16.48.030).
2. Text and a Diagram. A specific plan document (or proposed revisions to an adopted specific plan in the case
of an amendment application), containing a text and a diagram, prepared in compliance with the city's specific plan guidelines.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.66.070 Review for Completeness. ¶
After an application for a specific plan or specific plan amendment has been determined to be complete, copies shall be transmitted to all appropriate city departments and applicable agencies.
(Ord. 182 § 2 (part), 1997)
16.66.080 Commission Review. ¶
A. Public Hearing. After the director has reviewed the specific plan and the required environmental documentation has been completed and reviewed, a public hearing before the commission shall held in compliance with Chapter 16.76.
B. Commission's Recommendation. The commission shall make a written recommendation to the council whether to approve, approve in modified form, or disapprove the proposed specific plan or the specific plan amendment, based on the findings contained in Section 16.66.100 (Findings and Decision), below. The recommendation shall be carried by the affirmative vote of the majority of the entire commission. (Ord. 182 § 2 (part), 1997)
16.66.090 Council Review and Action. ¶
A. Public Hearing. The council shall conduct a public hearing on the specific plan or the specific plan amendment in compliance with Chapter 16.76.
B. Council's Action. The council may approve, approve with modifications, or disapprove the proposed specific plan or specific plan amendment, based on the findings contained in Section 16.66.100 (Findings and Decision), below. Approval of the specific plan or specific plan amendment shall be by ordinance, or by resolution of the council, in compliance with state law (Government Code Section 65453), together with any associated amendments.
C. Specific Plan Document. If the council approves the specific plan with modifications, a final reproducible specific plan document shall be submitted to the city within thirty (30) days of the first reading of the ordinance adopting the specific plan overlay zoning district unless the thirty (30) days is extended by the director. (Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.66.100 Findings and Decision. ¶
The council may approve a specific plan or amendment only if all of the following findings of fact can be made in a positive manner:
A. The proposed specific plan (or specific plan amendment) is consistent with the objectives, policies, general land uses, programs, and actions of all elements of the general plan;
- B. The proposed specific plan (or proposed specific plan amendment) is necessary and desirable in order to implement the general plan;
C. The proposed specific plan (or specific plan amendment) would not adversely affect the public convenience, health, safety, or general welfare, or result in an illogical land use pattern;
D. The development standards contained in the specific plan (or specific plan amendment) would result in a superior development to that which would occur using standard zoning and development regulations;
- E. The proposed specific plan (or specific plan amendment) would be in compliance with the provisions of the California Environmental Quality Act (CEQA); and
F. For specific plan amendments only: In the case of a specific plan amendment, the following additional finding shall be made before its adoption: The proposed specific plan amendment would not create internal inconsistencies within the specific plan and is consistent with the purpose and intent of the specific plan it is amending. (Ord. 182 § 2 (part), 1997)
16.68 Surface Mining Permits ¶
16.68.010 Purpose. ¶
The purpose of this chapter is to provide a process for reviewing surface mining permit applications which are intended to create and maintain an effective surface mining and reclamation policy as authorized by the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Section 2710 et seq.). While preservation and extraction of economic viable mineral resources has been determined to be in the interests of the people of California by the state legislature, it also recognized that surface mining activities may result in significant adverse environmental impacts.
It is, therefore, the intent of this chapter to regulate surface mining operations to ensure that:
A. The adverse effects of surface mining operations would be prevented or minimized, and that mined lands would be reclaimed to a usable condition that is readily adaptable for alternative land use;
B. The reclamation of mined land would be carried out in a way that the continued mining of valuable minerals would not be precluded; and
C. The production and conservation of minerals would be encouraged, while giving consideration to values related to range and forage, recreation, watershed, wildlife, and aesthetic enjoyment and that the potential residual hazards to the public convenience, health, safety, or general welfare would be eliminated.
(Ord. 182 § 2 (part), 1997)
16.68.020 Authority. ¶
The commission is authorized to approve surface mining permits and reclamation plans, subject to the appeal provisions of Chapter 16.78. A public hearing in compliance with Chapter 16.76 shall be required. (Ord. 182 § 2 (part), 1997)
16.68.030 Applicability. ¶
This chapter shall not apply to the following activities:
A. Farming or On-Site Construction. Excavation or grading conducted for farming or on-site construction, or for the purpose of restoring land following a flood or natural disaster;
B. Prospecting. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand (1,000) cubic yards in any one location. This exemption shall not apply to any single excavation that is greater than one acre in size;
C. Required by Federal Law. Surface mining operations that are required by Federal law, in order to protect a mining claim, if the operations are conducted solely for that purpose; and
D. Others. Other surface mining operations that the state Mining and Geology Board finds are exempt from state law (Public Resources Code, Section 2710 et seq.), because they are of an infrequent nature and involve only minor surface disturbances.
(Ord. 182 § 2 (part), 1997)
16.68.040 Submittal and Review Requirements. ¶
A. Application Contents. Applications for surface mining permits shall contain the following:
1. Complete Application. Completed planning application form and required fee and attachments (see also
Section 16.48.030); and
2. Mining and Reclamation Plans. Mining and reclamation plans prepared in compliance with state law (Public
Resources Code. Section 2710 et seq.).
B. State Geologist. Upon receipt of a completed application, the director shall notify the state geologist of the filing of request for a surface mining permit. In addition, the director shall include the state geologist in the public hearing notification list;
C. Conditional Use Permit Compliance. Review and decision of a surface mining permit application shall be conducted in compliance with Chapter 16.52 (Conditional Use Permits): and
D. Action of Commission. Following a review of the application and public hearing in compliance with Chap-ter 16.76. the commission shall take action upon the application indicating their decision and containing any conditions of approval and the findings of fact upon which the decision is based.
(Ord. 182 § 2 (part), 1997)
16.68.050 Findings and Decision. ¶
Following a review of the application and public hearing in compliance with Chapter 16.76, the commission shall act to approve, approve with conditions. or disapprove the surface mining permit. The commission may approve a surface mining permit only if all of the following findings of fact can be made in a positive manner:
A. The proposed use would not impair the integrity and character of the zoning district in which it is to be established or located;
- B. The proposed site is suitable fox the type and intensity of the proposed surface mining operation:
C. There are adequate provisions for sanitation, water, and public utilities and services to ensure that the proposed use would not result in residual hazards to the public convenience, health, safety, or general welfare, or be materially injurious to properties and improvements in the vicinity;
D. The proposed use is consistent with state law (Public Resources Code, Section 2710 et seq.): and
E. The mined lands would be reclaimed to a usable condition that is readily adaptable for an alternative land use(s) appropriate to the zoning district within which the site is located.
(Ord. 182 § 2 (part), 1997)
16.68.060 Periodic Review. ¶
As a condition of approval for a surface mining and reclamation plan, an annual review shall be conducted by the director and city engineer to evaluate and ensure compliance with the approved plan. (Ord. 182 § 2 (part). 1997)
16.68.070 Post Approval Procedures. ¶
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation. Time Limits, and Extensions), shall apply following the approval of a surface mining permit:
A. Appeals. The decision of the commission shall be considered final unless an appeal is filed in compliance with
Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved surface mining permit shall expire two years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section
16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the surface mining permit.
If the use granted by the surface mining permit has not been exercised before its expiration, and a time ex-tension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved surface mining permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved surface mining permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved surface mining permit.
F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a surface mining permit-holder, the director may issue an or-der suspending the surface mining permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit-holder by first-class U.S. mail and by posting the subject property.
2. Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made. the director shall schedule a public hearing to consider the revocation of a surface mining permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permitholder, any party complaining of the violation, and to all ad-joining residents and property owners.
been made. the director shall schedule a public hearing to consider the revocation of a surface mining permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permitholder, any party complaining of the violation, and to all ad-joining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the surface mining permit, in compliance with Chapter 16.68, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
(Ord. 182 § 2 (part), 1997)
16.70 Temporary Use Permits ¶
16.70.010 Purpose. ¶
The purpose of this chapter is to provide a process for reviewing temporary use permit applications which are intended to allow for the short-term placement (usually one hundred eighty (180) days or less) of activities on privately or publicly owned property with appropriate regulations so that the activities will be compatible with surrounding uses and neighborhoods.
(Ord. 182 § 2 (part), 1997)
16.70.020 Authority. ¶
The director is authorized to approve temporary use permits, subject to the appeal provisions of Chapter 16.78. A public hearing shall not be required for the issuance of a temporary use permit. Temporary uses may be subject to additional permits, other city department approvals, licenses, and inspections as required by any applicable laws or regulations.
A permit shall not be required for events that occur in meeting halls, theaters, or other permanent facilities which provide for public assembly.
(Ord. 182 § 2 (part), 1997)
16.70.030 Allowed Temporary Uses. ¶
An application for a temporary use permit shall be required for the following activities and shall be subject to conditions identified in Section 16.70.060, below and other additional conditions as may be imposed by the director. A. Commercial Coaches. Commercial coaches (as defined by state law (Health and Safety Code Section 18001.8)) or mobile homes on active construction sites, for use as a construction office, temporary living quarters for security personnel, or temporary residence of the subject property owner. The following restrictions shall apply:
The director may approve a temporary trailer coach for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one-year extension may be granted, in compliance with Section 16.80.060 (Time Extensions);
Installation of trailer coaches may occur only after a valid building permit has been issued by the building department;
Trailer coaches allowed in compliance with this chapter shall not exceed a maximum gross square foot-age of six hundred fifty (650) square feet in size (tongue not included);
The trailer coach shall have a valid California vehicle license and the applicant for the trailer coach shall provide evidence of state division of housing approval, in compliance with state law (Health and Safety Code);
The temporary trailer coach installation shall meet all requirements and regulations of the county department of environmental health services and the city's building department; and
A permit issued in compliance with this chapter, in conjunction with a construction project, shall become invalid upon cancellation or certificate of occupancy for which this use has been approved, or the expiration of the time for which the approval has been granted.
B. Outdoor Arts and Crafts Shows. Outdoor arts and crafts shows and exhibits provided the uses are limited to two days of operation or exhibition in any one hundred eighty- (180-) day period;
C. Parking Lot Sales. Parking lot and sidewalk sales for businesses located within a commercially designated
property shall be subject to the following development standards:
Outdoor display and sales items shall be identical and accessory to items sold indoors.
The business shall have a valid business license with the city and own/lease space on the subject property.
The display and sale of merchandise is permitted only by the tenant of an existing commercial development on the same site.
Private sidewalks, courtyards or entry areas may be utilized for display provided a minimum four foot wide pedestrian area remains clear and unobstructed and all fire, building and handicapped access requirements are met.
All displays shall be located within hardscape areas. No merchandise may be displayed in any landscaped area, or be situated in such a manner as to be detrimental to any existing landscaping on the site.
The uses shall be subject to the sign regulations contained in Chapter 16.38.
D. Real Estate Office Trailers. Temporary real estate sales office trailers, to be used solely for the first sales of
homes or the first rental of apartments within the same development, may be established within the areas of an approved tentative tract or an approved development plan permit, subject to the following:
- The approved land use permit shall include those conditions and requirements deemed necessary or advisable to protect the public safety and the general welfare and adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within ninety (90) days after the expiration of the permit. In addition to those findings required for the approval of the land use application, the temporary use permit for a temporary real estate sales office trailer(s) shall also include the following findings:
a. The access, parking, and circulation facilities would not result in excess traffic congestion or traffic safety hazards; and
b. The operation of the real estate sales office trailer(s) and associated activities would not conflict with adjacent and nearby residential uses.
- A temporary use permit application for a temporary sales office trailer(s) may be approved for a maxi-mum time period of two years from the date of approval. At the end of the two year period, the use shall either be terminated or the applicant may file for an extension, in compliance with Section 16.80.060 (Time Extensions).
E. Sales of Agricultural Products. Seasonal sales of agricultural products, provided parking and access are provided to the satisfaction of the director;
F. Seasonal Product Sales. Christmas tree, pumpkin, or other seasonal product sales lots subject to the following guidelines and conditions:
All uses shall be limited to no more than one hundred eighty (180) days of operation in any calendar year, subject to the discretion of the director;
The applicant shall secure an electrical permit from the city if the facility is to be energized;
All lighting shall be directed away from and shielded from adjacent residential areas and streets, in compliance with Section 16.18.100 (Lighting); and
Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the director.
G. Special Outdoor Events. Special outdoor events including carnivals, circuses, fairs, parades, rodeos, and large athletic, religious, or entertainment events. The uses shall be subject to the following guidelines and conditions:
All uses shall be limited to not more than fifteen (15) days, or more than three weekends, of operation in any one hundred eighty- (180-) day period. To exceed this time limitation shall require the approval of a conditional use permit, in compliance with Chapter 16.52;
Activities conducted on property owned by or leased to the city and public rights-of-way may also re-quire the approval of an encroachment permit issued by the engineering department;
The director may require a cash bond or other guarantee for removal of the temporary use, cleanup and restoration of the activity site within seven days of the conclusion of the approved activity;
Related issues including fire protection, food and water supply, medical services, noise, police/security, sanitation facilities, signs, traffic control, and use of tents and canopies shall be addressed to the satisfaction of the director, director of public works, police department, fire protection district, or health officer in their administration of other city codes. Other city codes may require the applicant to obtain additional permits (e.g., building, electrical, health, and tent permits); and
The director or any other responsible city department head may impose other conditions on the temporary use to ensure that the use is operated in a manner which would be compatible with the surrounding uses and neighborhoods.
- H. Parking lot vehicle sales. Vehicle sales shall be allowed in commercial zones, subject to the following guidelines and conditions.
The use is limited to licensed new car dealerships located in the city.
All uses shall be limited to four (4) consecutive days, which must include Saturday and Sunday.
The applicant shall obtain clearances from the Public Works, Fire, and Police Departments.
Permit applications that involve other city codes may require additional permits (e.g., building, electrical and health).
The Planning Director may impose additional conditions to ensure the permit is used in a manner compatible with the surrounding uses and zoning.
I. Temporary Business Structures. Temporary structures to serve as substitute business space may be proposed when an existing commercial or industrial business structure is damaged or destroyed by means beyond the control or influence of the owner or tenant, subject to the following limitations, as well as additional requirements deemed appropriate by the Director:
The temporary structure shall not be greater in size than that which was damaged or destroyed;
The temporary structure shall be located so as to have a minimal effect on available parking;
The temporary structure shall comply with Fire Department and Building Department standards for public
occupancy;
The temporary structure shall be housed in a structure designed for short-term use;
Use of the temporary structure shall have a time limit of twelve (12) months from the date that the business was damaged or destroyed, or nine (9) months from the date that a substantial plan check application for repair of the permanent structure is submitted to the city, whichever is the soonest;
A one-time extension of between one (1) and six (6) months may be approved by the Planning Director provided substantial progress toward completion of the construction on the permanent structure is made; and
The temporary structure shall be removed within the earlier of thirty (30) days after completion of the replacement permanent structure, or expiration of the time allowed for the temporary structure pursuant to this section. J. Temporary Storage. Temporary storage may be allowed by the director for activities of a limited duration that are commonly associated with an approved use, provided the following findings can be made:
That the temporary storage, as proposed, will not adversely impact adjoining properties; and
That the temporary storage, as proposed, will not be contrary to the public health, safety and general welfare.
K. Commercial Filming. Temporary commercial motion picture production, television production (including commercials), still photography and related activities on public or private property (excluding public roads rights-ofway), for occasional commercial filming on location, subject to the following:
All commercial filming activities shall be conducted under the auspices of the City Manager. A certificate of Insurance indemnifying the City of Murrieta as an additional insured shall be provided.
Prohibited activities:
a. Any filming activity that creates a substantial risk of injury to persons, damage to property or a significant degradation of the environment or that is contrary to the public health, safety or welfare, including but not limited to, disruption of emergency access to surrounding properties.
- b. Any filming activities that violate any applicable City codes including but not limited to, the Grading and Noise Ordinances.
Limitations. On properties where commercial filming activities are the principal use of the property or structures, the use shall not be considered temporary and shall be subject to all applicable provision of the Development Code.
Street Closures or Filming in Public Right of Way. Any commercial filming activities taking place within public rights of way or requiring street closures are subject to approval of an encroachment permit and traffic control plan from the engineering department.
Exempted activities. The filming, videotaping or production of current news which includes reporters, photographers or cameramen employed by a newspaper, news service, broadcasting station or similar entity engaged in on-the-spot broadcasting of news events, or the filming or videotaping of motion pictures solely for private family use, shall be exempt from these provisions.
L. Special Events on Land Owned by or Leased to the City. Special events that occur on land, outside of the public right-of-way, owned by or leased to the city are subject to the approval of a special events permit application for temporary events in lieu of a temporary use permit application. The application, associated requirements and conditions are subject to review and issuance by the Parks and Recreation Director or their designee.
M. Temporary Residential Moving Containers. Temporary residential moving containers shall be subject to following criteria:
That the temporary residential moving storage, as proposed, will not adversely impact adjoining properties;
That the temporary residential moving storage, as proposed, will not be contrary to the public health, safety and general welfare;
Temporary residential moving containers shall not be placed in the public right-of-way;
The temporary residential moving container delivered to a residence’s subject property, shall be limited to two occasions within a twelve (12) month period and one container per occasion;
Temporary residential moving containers delivered to a residence shall be placed on a hardscape surface (i.e. driveway) and shall be limited to a maximum of a two (2) week period on the subject private property. These provisions would not be subject to issuance of temporary use permit. For containers which are proposed to be placed for longer than a two (2) week period, a temporary use permit application with fees, and a description of the extraordinary hardship on why the additional timeframe is necessary, shall be submitted to the Planning Director or their designee for their review;
N. Temporary Cargo Containers. The purpose of this section is to allow cargo containers to be placed on private property in a temporary manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate neighborhood and will not become a nuisance to the community.
A temporary use permit shall be required for when the temporary cargo container is used during construction activities at residential, commercial, office, business park, mixed-use or industrial locations.
It shall be placed in such a manner that it does not encroach into a landscaped area, onto sidewalks, or into public rights-of-way, and provides adequate access for ingress and egress in case of an emergency.
At a residential location it shall provide sufficient room to open the garage door to allow access and egress in case of an emergency.
It shall be limited to storage activities solely.
It shall be located in such a manner that it is to have a minimal effect on available parking.
The temporary cargo container shall comply with all City Engineering, Fire Department and Building Division standards for a storage occupancy and placement.
Use of the temporary cargo container shall have an initial time limit of six (6) months from the date of application approval.
A one (1) time extension of the temporary use permit may be approved for a period as determined necessary by the Planning Director or their designee provided there is substantial progress toward completion of the construction phase of the project.
The temporary cargo container shall be removed immediately upon completion of the temporary term or upon expiration or finalization of the building permit, whichever occurs first.
The Planning Director or their designee may impose additional conditions of approval with respect to the temporary use permit for the temporary cargo container.
For cargo containers that proposed to be placed in a permanent manner, please refer to Section 16.44.150.K (Cargo Containers As An Accessory Structure) (Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 544 § 32, 2019; Ord. 43010 § 10, 2010; Ord. 412 § 2, 2008; Ord. 367 § 5, 2006; Ord. 269 § 2 (part), 2002; Ord. 182 § 2 (part), 1997)
16.70.040 Submittal and Review Requirements. ¶
- A. Application Contents. Applications for temporary use permits shall contain the following information:
Completed planning application form and required fee and attachments (see also Section 16.48.030);
A plot plan showing sufficient detail based on the handout provided by the department; and
A letter of consent from the property owner.
B. Development Code Compliance. Upon acceptance of a temporary use permit application, the director shall
review the request for compliance with this development code. The director shall render a written decision and clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions of this development code. The decision of the director shall be considered final, unless an appeal is filed in compliance with Chapter 16.78. (Ord. 182 § 2 (part), 1997)
16.70.050 Findings and Decision. ¶
The director may approve a temporary use permit application in whole or in part, with or without conditions, only if all of the following findings of fact can be made in a positive manner:
A. The operation of the requested temporary use at the location proposed and within the time period specified would not jeopardize, endanger, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;
B. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;
C. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use would or could reasonably be expected to generate; and
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the use would be available either on-site or at alternate locations acceptable to the director.
(Ord. 182 § 2 (part), 1997)
16.70.060 Conditions of Approval. ¶
In approving an application for a temporary use permit, the director may impose conditions that are deemed necessary to ensure that the permit will be conducted in compliance with the findings required by Section 16.70.050, above. These conditions may involve any factors affecting the operation of the temporary use or event and may include the following:
A. Nuisance Factors. Regulation of nuisance factors, including prevention of glare or direct illumination of
adjacent properties, dirt, dust, gases, heat, noise, odors, smoke, or vibration;
B. Operating Hours and Days. Regulation of operating hours and days, including limitation of the duration of the
temporary use to a shorter time period than that requested;
C. Parking Facilities. Provision of temporary parking facilities, including vehicular ingress and egress;
D. Performance Bond. Submission of a performance bond or other surety device to ensure that any temporary facilities or structures used for the proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;
E. Sanitary and Medical Facilities. Provision of sanitary and medical facilities, if deemed necessary by the director;
F. Security Measures. Provision of security and safety measures, if deemed necessary by the director;
G. Signs. Regulation of signs;
H. Site plan. Submission of a site plan indicating any information of the requested temporary use permit that is contingent upon compliance with applicable provisions of other local and state ordinances;
I. Structures. Regulation of temporary structures and facilities, including height, location of equipment,
placement, size, and the provision of open spaces, including buffer areas and other yards;
J. Waste Collection. Provision of solid waste collection and disposal; and
K. Other. Other conditions that would ensure the operation of the proposed temporary use in an orderly and efficient manner and in compliance with the purpose of this chapter.
(Ord. 182 § 2 (part), 1997)
16.70.070 Post Approval Procedures. ¶
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits and Extensions), shall apply following the approval of a temporary use permit:
A. Appeals. The decision of the director shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved temporary use permit shall expire two years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the temporary use permit.
If the use granted by the temporary use permit has not been exercised before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved temporary use permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved temporary use permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved temporary use permit.
F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a temporary use permit-holder, the director may issue an order suspending the temporary use permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit-holder by first-class U.S. mail and by posting the subject property.
2. Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made, the director shall schedule a public hearing to consider the revocation of a temporary use permit to be held by the commission within thirty (30) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit-holder, any party complaining of the violation, and to all adjoining residents and property owners.
not been made, the director shall schedule a public hearing to consider the revocation of a temporary use permit to be held by the commission within thirty (30) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit-holder, any party complaining of the violation, and to all adjoining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the temporary use permit, in compliance with Chapter 16.70, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
(Ord. 182 § 2 (part), 1997)
16.72 Variances ¶
16.72.010 Purpose. ¶
The purpose of this chapter is to provide a process for reviewing variance applications which are intended to al-low for adjustment from the development standards of this development code only when, because of spec ial circumstances applicable to the property, including location. shape. size, surroundings, or topography, the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
Any variance granted shall be subject to conditions that would ensure that the variance does not constitute a granting of special privilege(s) inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is situated, in compliance with state law (Government Code Section 65906). The power to grant variances does not extend to use regulations. Flexibility in use regulations is provided in Chapter 16.52 (conditional use permits).
(Ord. 182 § 2 (part), 1997)
16.72.020 Authority and Applicability. ¶
- A. Review Authority. variances may be granted in compliance with the following:
1. Commission. The commission may grant variances in compliance with subsection C.. below, subject to the
appeal provisions of Chapter 16.78; and
2. Director . The director may grant minor variances in compliance with subsection B., below, subject to the
appeal provisions of Chapter 16.78. and state law (Government Code Section 65901). The director may refer the application to the commission.
B. Minor Variances. The director may grant an adjustment from the requirements of this development code
governing only the following development standards:
1. Allowed Projections. An increase, of not more than twenty (20) percent, in the allowed projection of canopies.
cornices, eaves. fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback/yard area, in compliance with Section 16.18.140 (Setback Regulations and Exceptions.);
2. Fence or Wall Height. An increase, of not more than twenty (20) percent, in the maximum allowed height ofa
fence or wall. in compliance with Chapter 16.22 (Fences, Hedges, and Walls) and subject to city approved structural design standards;
3. Off-Street Parking. A reduction, of not more than thirty (30) percent, in the number of required off-street
parking or loading spaces;
4. Parcel Coverage. Up to a thirty (30) percent increase in the maximum parcel coverage standard;
5. Setback/Yard Area. A reduction in the required setback/yard areas for structures, landscaping, swimming
pools/spas. and equipment only as follows:
a. Up to a forty (40) percent reduction of the required front yard setback, provided that a setback of at least fifteen (15) feet to the front property line is maintained;
b. Up to a thirty (30) percent reduction of the required side yard setback, provided that a setback of at least three feet is maintained; and
c. Up to a thirty (30) percent reduction of the required rear yard setback, provided that a setback of at least three feet is maintained.
6. Structure Height. An increase, of not more than thirty (30) percent. in the maximum allowed structure height.
A height increase of not more than two feet shall be considered a minor variance: and
7. Other Standards. The director shall also be allowed to vary other standards including minor
operational/performance standards relating to dust, hours of operation. landscaping/parking, light, noise, etc. Any minor variance request which exceeds the limitations outlined in this subsection shall require the filing of a variance application in compliance with subsection C.(variances), below.
C. Variances. The commission may grant an adjustment from the requirements ofthis development code governing
only the following development standards:
1. Adjustments Exceeding a Minor Variance. Any development standard specified in subsection B. (minor
variances), above, where the requested adjustment exceeds the maximum limitations for a minor variance;
2. Dimensional Standards. Dimensional standards including distance-separation requirements, parcel area, fence and wall requirements, landscape and paving requirements, parcel dimensions, off-street parking areas, open space, etc.;
3. Driveway Length. A reduction in the required driveway length as defined in Section 16.34.080
4. Off-street Parking. Greater than a thirty (30) percent in the number of off-street parking spaces, loading
spaces, landscaping, etc:
5. Parcel Coverage. Greater than a thirty (30) percent increase in the maximum parcel coverage standard;
6. Setback/Yard Area. A reduction in the required setback/yard areas for structures, landscaping, swimming
pools/spas, and equipment only as follows:
a. Greater than a forty (40) percent reduction of the required front yard setback: and
b. Greater than a thirty (30) percent reduction of the required side or rear yard setback.
7. Signs. A change related to the number, placement, size, or illumination of on- or off-site signs (other than
prohibited signs);
8. Structure Height. Greater than a thirty (30) percent increase in the maximum allowed structure height.
9. Other Standards. Other standards including operational/performance standards relating to dust, hours of
operation, landscaping, light, noise, number of employees. parking, etc.
(Ord. 182 § 2 (part), 1997)
16.72.030 Submittal and Review Requirements. ¶
- A. Application Contents. Applications for a variance shall contain the following:
Completed planning application form and required fee and attachments (see also Section 16.48.030);
Information based on the handout provided by the department;
A statement of the following:
a. The precise nature of the variance requested;
b. The hardship or practical difficulty that would result from the strict interpretation and enforcement of this development code: and
c. That the application meets the findings specified in Section 16.72.040, below. The burden of proof to establish the evidence in support of the findings is the responsibility of the applicant;
B. Development Code Compliance. Upon acceptance of a variance application as complete, the director shall review the application for compliance with this development code. The director shall prepare a written
recommendation and forward the recommendation, application and other relevant materials to the applicable review authority.
- C. Noticing. Noticing requirements shall be as follows:
1. Variances. The director shall schedule the variance for public hearing before the commission, in compliance
with Chapter 16.76.
2. Minor Variances. Notice of the decision shall be mailed to the applicant and to property owners of parcels
within one hundred (100) feet ofthe property for which a minor variance has been requested.
The notice shall indicate the appeal provisions of Chapter 16.78. Copies shall be provided to the commission, building, engineering and fire departments.
- (Ord. 182 § 2 (part), 1997)
16.72.040 Findings and Decision. ¶
Following review, the director (minor variance) or a public hearing, the commission (variance), as applicable, shall record the decision in writing with the findings upon which the decision is based, in compliance with state law (Government Code Section 65906). The applicable review authority may approve an application, with or without conditions, only if all of the following findings of fact can be made in a positive manner:
A. General Findings.
There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts; and
Granting the variance:
a. Would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; and
b. Would not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the subject property.
B. Findings for Off-street Parking Variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the following findings shall be made in a positive manner, in compliance with state law (Government Code Section 65906.5):
The variance will be an incentive to, and a benefit for, the subject nonresidential development; and
The variance will facilitate access to the subject nonresidential development by patrons of public transit facilities.
(Ord. 182 § 2 (part), 1997)
16.72.050 Conditions. ¶
In approving a variance, the review authority may impose specific development conditions relating to both on-and offsite improvements (e.g., dedications, easements, public improvements, etc.), as it finds are reasonable and necessary to ensure that the approval would be in compliance with the findings required by Section 16.72.040 (Findings and Decision), above and to carry out the purpose and requirements of the respective zoning district. (Ord. 182 § 2 (part), 1997)
16.72.060 Post Approval Procedures. ¶
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a variance application:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of
the approved variance have been satisfied.
C. Changes. Minor changes to required conditions of an approved variance may be approved in compliance with
Section 16.80.070 (Changes to an Approved Project).
D. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved variance.
- E. Suspension/Revocation.
1. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operation
by a variance holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a variance permit to be held by the commission in compliance with Chapter 16.82
(Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
2. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the variance, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the variance. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
- (Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.73 Reasonable Accommodation ¶
16.73.010 Purpose. ¶
The purpose of this chapter is to provide a process for reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and practices. (Ord. 482-13 § 2, 2013)
16.73.020 Applicability. ¶
In order to make specific housing available to an individual with a disability, any person may request a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing- related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter applies only to those persons who are defined as disabled under the Acts. (Ord. 482-13 § 2, 2013)
16.73.030 Application Requirements. ¶
- A. Application Contents. Applications for reasonable accommodation shall contain the following:
Certification and documentation that the applicant is a person with disability or representing a person(s) with disability.
The name and address of the person requesting reasonable accommodation.
The name and address of the property owner(s).
A description and diagram depicting the reasonable accommodation requested by the applicant.
An explanation of how the requested accommodation is necessary to provide the person(s) with disability equal opportunity to use and enjoy the residence.
The director may request additional information from the applicant if the application does not provide sufficient information to make the findings required in Section E.
Fee as established through the city's fee schedule, if the project requires another discretionary permit, the fee(s) for all other discretionary permits shall be paid.
If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure the process is accessible.
B. Other Discretionary Permits. If a project, for which the request for reasonable accommodation is being made, also requires some discretionary permit(s) or approval(s), the application may be submitted and reviewed at the same time as the related permit(s) or approval(s).
(Ord. 482-13 § 2, 2013)
16.73.040 Review Authority. ¶
The director may approve, conditionally approve, or deny a reasonable accommodation request, with ten-day public notice to adjacent property owners, subject to the Findings in 16.73.050(A). The director may refer the application to the planning commission.
(Ord. 482-13 § 2, 2013)
16.73.050 Findings and Decision. ¶
A. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:
The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.
The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.
The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.
There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city’s applicable rules, standards and practices.
B. In determining whether the requested reasonable accommodation is necessary to make specific housing available to individual(s) with a disability, pursuant to Subsection (A)(2) above, the city may consider, but is not limited to, the following factors:
Whether the requested accommodation will affirmatively enhance the quality of life of a person(s) with disability.
Whether the person(s) with disability will be denied opportunity to enjoy the housing type of their choice absent the accommodation.
C. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to Subsection (A)(4) above, the city may consider, but is not limited to, the following factors:
Whether the requested accommodation would fundamentally alter the character of the neighborhood.
Whether the accommodation would result in a substantial increase in traffic or insufficient parking.
Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or applicable specific plan.
D. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection (A) above.
(Ord. 598-23 § 4, 2023; Ord. 482-13 § 2, 2013)
16.73.060 Post Approval Procedures. ¶
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a reasonable accommodation application:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).
B. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved reasonable accommodation reasonable accommodation have been satisfied.
C. Changes. Minor changes to required conditions of an approved reasonable accommodation may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
D. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved reasonable accommodation.
E. Suspension/Revocation.
1. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operation by a reasonable accommodation holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a reasonable accommodation permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
2. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the reasonable accommodation, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the reasonable accommodation. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).
(Ord. 482-13 § 2, 2013)
16.74 Zoning Clearances ¶
16.74.010 Purpose. ¶
The purpose of this chapter is to provide a process for reviewing requests for zoning clearances. A zoning clearance is a written authorization used by the department to verify that a requested structure or land use activity complies with this development code or any valid land use entitlement approval, required by the director, commission, or council. A zoning clearance may be accomplished by any of the following methods, as appropriate:
- A. Sign-offs. Department sign-off for the following:
Building permits:
Business licenses, in compliance with Section 16.74.020 (Standards for Business License Clearances). below;
Certificates of compliance:
Final maps;
Grading permits;
Home occupation/cottage industry permits, in compliance with Chapter 16.60 (Home Occupation Permits);
Lot line adjustments;
Parcel maps;
Parcel merger/unmergers; and
Licenses or permits, as required by state or federal agencies.
B. Zoning Clearance Letter. In the event no instrument as described above is required, a separate zoning
clearance letter may be issued by the department.
(Ord. 182 § 2 (part), 1997)
16.74.020 Standards for Business License Clearances. ¶
The director is authorized to review business license clearance applications forwarded to the department from the finance department for compliance with this development code. Business license clearance applications that do not comply with this development code shall not be approved.
A. New Licenses. Approval of new business license clearance applications, reviewed by the department, shall
satisfy the following criteria:
The proposed use is allowed in the zoning district in which the use is to be located; and
The proposed site and any structure or land uses existing on the site shall not be in violation of any applicable provision of this development code, except for nonconforming uses and structures in compliance with Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).
B. Reuse of Existing Structures. Approval of a business license clearance application that proposes the establishment of a different business in an existing structure shall be subject to the provision of subsection A., above and, in addition, shall be subject to the following:
The proposed business site shall provide the number of off-street parking spaces, driveway, and parking lot improvements in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards); and
All on-site signs shall be in compliance with Chapter 16.38 (Sign Standards) and Section 16.38.090 (Nonconforming Signs).
C. New Uses. Approval of a business license clearance application for the first occupancy of a new structure shall
require full compliance with this development code.
(Ord. 430-10 § 11, 2010; Ord. 182 § 2 (part), 1997)
16.76 Public Hearings ¶
16.76.010 Purpose. ¶
This chapter provides procedures for scheduling and conducting public hearings before the commission and council. When a public hearing is required by this development code, public notice shall be given and the hearing shall be conducted in compliance with this chapter.
(Ord. 556 § 23, 2020; Ord. 182 § 2 (part), 1997)
16.76.020 Notice of Public Hearing. ¶
Not less than ten days before the scheduled date of a public hearing, the director shall give notice of the hearing. The notice shall include the time, place, identity of the review authority, nature of the application, and the general location of the property under consideration. The director shall comply with the following noticing requirements:
- A. Setting a Public Hearing.
When a land use permit, entitlement or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with state law (Government Code Sections 65090,65091, 65094 and 66451.3 and Public Resources Code 21000 etseq.). or as otherwise required in this development code.
The hearing date will be set before the appropriate review authority only when the director has determined that the application is complete.
If a conflict develops between the provisions of this chapter and other provisions in this development code, the provisions of this chapter shall prevail.
B. Posting. A copy of the notice shall be posted in at least three publicly accessible locations in the city;
C. Mailing. The notice shall be mailed first-class and postage pre-paid to:
The applicant;
The property owner or owner’s agent:
All persons whose names and addresses appear on the latest available assessment roll of the County of Riverside as owners of property within a distance of three hundred (300) feet from all of the exterior boundaries of the property for which the application is filed;
Anyone filing a written request for notification; and
Other persons whose property might, in the director’s judgement be affected by the subject request.
D. Publishing. Notification shall be given to other potentially interested persons by publishing the notice one time
in a newspaper having general circulation in the city not less than ten days before the scheduled public hearing:
E. Additional Notice. The director may provide any additional notice with content or using a distribution method or radius boundary as the director determines is necessary or desirable (e.g. on the Internet);
F. Agency Notice. Notices shall be sent to public departments, bureaus, or agencies which are determined by the
director to be affected by the application or otherwise requiring notice;
G. Alternative Notice. If the number of property owners to whom notice would be mailed is more than one
thousand (1,000), the director may choose to provide the alternative notice allowed by state law (Government Code Section 65091(a)(3));
H. CEQA Notice. All noticing requirements required by the California Environment Quality Act (CEQA) and the city's guidelines for environmental review shall be followed; and
I. Expanded Notice. For general plan, zoning map, and development code amendments, specific plans, master development plans, and/or other large scale projects, the director may make a determination that an expanded radius of one thousand feet (1,000) feet shall be used for noticing purposes.
(Ord. 544 §§ 33-36, 2019; Ord. 182 § 2 (part), 1997)
16.76.030 Posting of Property. ¶
The property that is the subject of a development application for which a public hearing is required shall be posted with an informational sign at least ten (10) days prior to the public hearing date. The informational sign shall be a minimum of four (4) feet by four (4) feet in size, provide a description of the subject proposal, the date, time, and location of the scheduled public hearing, and indicate where further information may be obtained.
Minor inaccuracies in sign content, or the inadvertent posting of the sign on property adjacent to the project site, shall not, in and of itself, be considered a failure to comply with the required public hearing notice or grounds for continuing the public hearing. The guidelines for posting of the property are shown in the following table:
| Type of Project or Site | Type/Number of Informational Signs* |
|---|---|
| Sites of less than five (5) acres | One (1) posted sign |
| Sites of five (5) acres or greater | Two (2) posted signs |
| Sites with two (2) or more street frontages | At least two (2) posted signs, one (1) sign for each frontage |
| *Additional signs may be required at the discretion of the director. |
(Ord. 426-09 § 1, 2009; Ord. 314 § 1, 2004; Ord. 182 § 2 (part), 1997)
16.76.040 Evidence of Notice. ¶
When notice of a hearing is given in compliance with this chapter, the following documentation shall be deemed sufficient to serve as proof that the notice was given in compliance with this chapter:
A. Posting. When notice is given by posting, an affidavit or proof of posting shall show the date or dates of posting and the location at which the posting was made. The affidavit of posting for the subject property shall include a dated photograph of the posted notice to serve as a permanent record of the legal notification; and
B. Mailing. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery shall be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to whom the mailing/delivery was made; and
C. Publishing. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made.
(Ord. 544 § 37, 2019; Ord. 182 § 2 (part), 1997)
16.76.050 Action of Review Authority. ¶
A. Action. Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, disapprove, continue, or take under advisement the subject of the public hearing.
B. Continuance. If the action is taken to continue or take the matter under advisement, before adjournment or recess, the person presiding at this public hearing shall publicly announce the time and place at which the hearing will be continued, if known at that time, or:
If the hearing is continued to a specific time and place, further notice shall not be required; or
If the hearing is not continued to a specific time and place, further notice shall be required.
- (Ord. 544 § 38, 2019; Ord. 182 § 2 (part), 1997)
16.76.060 Conditions may be Imposed. ¶
The director, the commission, and the council shall have the authority to impose reasonable and necessary conditions on an application to ensure that the application complies with this development code and its objectives, policies, general land uses and programs of the general plan and any applicable specific plan. (Ord. 182 § 2 (part), 1997)
16.76.070 Notice of Decision. ¶
Following the rendering of a decision on an application a copy of the decision shall be mailed to:
A. Applicant. The applicant, at the address shown on the application. The decision that is mailed to the applicant shall contain applicable findings, any conditions approval, reporting/monitoring requirements necessary to mitigate any impacts and protect the public convenience, health, safety and general welfare of the city; and
B. Other Person(s). Other person(s) who has made a written request for a copy of the decision. The decision notice shall advise that related documents such as findings, conditions of approval and reporting/monitoring requirements can be obtained from the City of Murrieta planning division.
(Ord. 544 § 39, 2019; Ord. 293 § 1 (part), 2004: Ord. 182 § 2 (part), 1997)
16.76.080 Effective Date of Decision. ¶
A. Effective on Eleventh (11th) Day. Home occupation permits, temporary use permits, development plan permits, minor variances, variances, minor conditional use permits, conditional use permits, surface mining permits, and residential tentative parcel maps, shall become effective on the eleventh (11th) day following the date the decision is rendered by the appropriate review authority, provided that no appeal of the review authority's action has been filed in compliance with Chapter 16.78 (Appeals).
B. Effective on the Thirtieth (30th) Day. Development agreements, specific plans, master development plans and amendments to the general plan, zoning map, and this development code shall become effective on the thirtieth (30th) day following the date or final approval/decision by the council. All land use entitlements such as listed above that are legislative acts are subject to referendum and their corresponding dates.
C. No Issuance Until Effective Date. No permit, certificate, or other entitlement may be issued until the effective date.
(Ord. 556 § 24, 2020; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.76.090 Withdrawal of Application. ¶
An application for a land use action may be withdrawn at any time before a public hearing by filing with the director a written request for withdrawal. The request for withdrawal shall be signed by all persons who signed the original application, or their designated agent(s) or successor(s). An application may be withdrawn after commencement of the hearing, with the approval of the review authority. At the time of the withdrawal of the application, consideration may be given for refunding of application fees in whole or in part, based upon the time expended by city staff up to the time of withdrawal of the application, in compliance with established council policy.
(Ord. 182 § 2 (part), 1997)
16.78 Appeals ¶
16.78.010 Purpose. ¶
The purpose of this chapter is to provide procedures for filing of appeals of the decisions, determinations or actions by the department staff or director, or the decisions, determinations or actions of the planning commission. (Ord. 430-10 § 12, 2010; Ord. 182 § 2 (part), 1997)
16.78.020 Appeal of Action. ¶
Decisions, determinations and actions (hereinafter referred to as "actions") by the director and the planning commission that may be appealed, and the authority to act on an appeal shall be as follows:
A. Appeal of Director Decisions.
Notwithstanding other provisions of this code, any person may appeal those actions rendered by the director for which the applicable code section expressly provides for the right to appeal as shown in Table 4-3.
Except for impact fee reductions, appeals of the director's actions shall be heard by the planning commission, unless otherwise stated.
An individual city councilmember or planning commissioner may appeal any action rendered by the director pursuant to the procedures set forth in this chapter.
An individual city councilmember or planning commissioner may file up to three (3) appeals total in a year with no fee required. For this purpose, a year is defined as beginning on December 1 and ending on November 30. Additional appeals by an individual city councilmember or planning commissioner shall be accompanied by the applicable fee.
| pursuant to the procedures set forth in this chapter. 4. An individual city councilmember or planning commissioner may file up to three (3) appeals total in a year with no fee required. For this purpose, a year is defined as beginning on December 1 and ending on November 30. Additional appeals by an individual city councilmember or planning commissioner shall be accompanied by the applicable fee. |
pursuant to the procedures set forth in this chapter. 4. An individual city councilmember or planning commissioner may file up to three (3) appeals total in a year with no fee required. For this purpose, a year is defined as beginning on December 1 and ending on November 30. Additional appeals by an individual city councilmember or planning commissioner shall be accompanied by the applicable fee. |
|---|---|
| TABLE 4-3 DIRECTOR ACTIONS SUBJECT TO APPEAL |
|
| ACTION TYPE | APPEAL REFERENCE CODE SECTION |
| TABLE 4-3 DIRECTOR ACTIONS SUBJECT TO APPEAL |
|
| ACTION TYPE | APPEAL REFERENCE CODE SECTION |
| Code Interpretations | 16.04.030C |
| Development Plan Permits (administrative) and (Director's Review and Processing) |
16.56.025A and B |
| Home Occupation Permits | 16.60.100A |
| Impact Fee Reduction | 16.36.050B |
| Minor Conditional Use Permits | 16.52.020 |
| Minor Variances | 16.72.020 |
| Residential Tentative Parcel Maps | 16.94.070A |
| Revised Permits | 16.80.070D2 |
| Temporary Use Permits | 16.70.020 |
Time Extensions 16.42.110A
B. Appeal of Planning Commission Decisions.
Any person may appeal any final action rendered by the planning commission to the city council, pursuant to the procedure set forth in this chapter.
An individual city councilmember may appeal any action rendered by the planning commission pursuant to the procedure set forth in this chapter.
An individual city councilmember may file up to three (3) appeals total in a year with no fee required. For this purpose, a year is defined as beginning on December 1 and ending on November 30. Additional appeals by an individual city councilmember shall be accompanied by the applicable fee.
C. Appeal of Environmental Decision. Any person, in connection with any entitlement, permit or administrative decision authorized under the development code (Title 16), may appeal to the city council, pursuant to the procedures and requirements set forth in this chapter, the determination of a non-elected, decision-making body of the city to certify an environmental impact report, approve a negative declaration or mitigated negative declaration, or determination that a project is not subject to Public Resources Code section 21080 et seq. (California Environmental Quality Act) if the project is not otherwise subject to further administrative review.
(Ord. 544 § 40, 2019; Ord. 430-10 § 12, 2010; Ord. 348 § 2, 2006; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.78.030 Filing Appeals - Time Limit and Contents. ¶
A. Appeals to the Planning Commission. An appeal of an action of the director shall be filed with the secretary of the commission within ten (10) days following the date of the action for which an appeal is made.
B. Appeals to the Council. An appeal of a planning commission action or an appealable environmental determination pursuant to Section 16.78.020C (Appeal of Environmental Determination) shall be filed in the office of the city clerk within ten (10) days following the date of the action for which an appeal is made.
C. Next Business Day. If the last day to file an appeal falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the appeal.
D. Form and Content. All appeals shall be in writing on a form obtained from the secretary of the commission (for appeals to the planning commission) or city clerk (for appeals to the council). The appellant shall state the specific reasons for the basis of the appeal in writing on the appeal form. Appeal applications shall include the required fee, in compliance with the city council's fee resolution, and mailing labels for property owners based on the original list used for the action for which the appeal is made. The mailing labels shall be supplied by the appellant.
E. Filing Fee. Except in those instances where an appeal is filed by the city manager or other public official in pursuance of official duties, or by a planning commissioner or city councilmember pursuant to Section 16.78.020A3 or Section 16.78.020B3, the written notice of appeal from the action of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by a fee as may be required by other enactment of the city council.
F. Incomplete Submittal. In the event any notice of appeal fails to include any information required by this section, the city clerk or secretary of the commission shall return the same to the appellant within ten (10) days with a statement of the respects in which it is deficient. The appellant shall thereafter be allowed five (5) working days in which to perfect and re-file the notice of appeal. If the notice of appeal is not re-filed with the city within the five (5) working days following its return by the city clerk or secretary of the commission, the appeal shall be considered late and shall not be accepted.
(Ord. 430-10 § 12, 2010; Ord. 182 § 2 (part), 1997)
16.78.040 Meet and Confer Requirements. ¶
Before an appeal is heard by the city council or planning commission, the director shall provide an opportunity through a meet and confer process to discuss the issues on appeal and determine whether a common solution to the appeal exists. Where an appeal has been filed by anyone other than the project applicant, meet and confer shall include the appellant and the project applicant together with appropriate department staff. Where an appeal has been filed by a project applicant, appropriate department staff shall meet and confer with the project applicant. However, under no circumstances may compliance with this section delay consideration of an appeal inconsistent with any applicable state or federal law.
(Ord. 430-10 § 12, 2010)
16.78.050 Appeal Hearing Notice - Continuances. ¶
Public notice of an appeal shall be given in the same manner in which the original notice was given. A hearing date shall be set within thirty (30) days of a complete filing of the appeal form, required fee(s), and necessary materials pursuant to Section 16.78.030D (Form and Content). If, after an appeal has been noticed for a hearing, in the opinion of the director, and with the concurrence of the appellant and the project applicant, good cause exists to defer a decision on an appeal to a later date, such a continuance may be approved by the director. In such case, the meeting agenda for the date noticed for the hearing shall indicate the new hearing date and that the item has been continued pursuant to this section. In no case shall the initial continuance by the director be for greater than thirty (30) days from the original appeal hearing date. A second continuance may be given until the next regularly scheduled meeting. However, no continuance under this section may be granted which is inconsistent with any applicable state or federal law.
(Ord. 430-10 § 12, 2010)
16.78.060 Submission of Materials. ¶
All substantive, evidentiary, and technical materials, including, but not limited to: geologic/seismic reports, traffic studies, noise studies, biological studies, and any other scientific studies; any visual simulations; and any comparative analytical or statistical report submitted by any interested party to be considered by the city council or planning commission, shall be submitted to the director no later than nine (9) days prior to the scheduled date for consideration by the city council, and no later than nine (9) days prior to the scheduled date for consideration by the planning commission.
Materials submitted after the required number of days prior to the scheduled date for consideration shall be considered in the sole discretion of the planning commission or city council upon a showing of good cause, such as materials which were unavailable at the above deadline. Materials which may be submitted at the time of the hearing include petitions, group or individual letters, photographs, renderings, and presentational aids. (Ord. 430-10 § 12, 2010)
16.78.070 Withdrawal of Appeals. ¶
Any appeal filed pursuant to Section 16.78.020 (Appeal of Action) may be withdrawn by an appellant by filing such withdrawal in writing at least seventy-two (72) hours before the matter is noticed to be heard. In such case, and if no
other appeal of the same matter has been filed and not withdrawn, the matter will be removed from consideration and the prior decision shall become final.
(Ord. 430-10 § 12, 2010)
16.78.080 Appeal Hearing and Decision. ¶
A. Appeal of Director Actions and Planning Commission Actions. In hearing an appeal, the appeal body may take any of the following actions:
Affirm or deny on the basis of the issues appealed or continue the public hearing to a date and time certain.
Set the matter for a new hearing at which time it may affirm, affirm in part, or reverse or otherwise modify the previous determination that is the subject of appeal.
A decision by an appeal body to continue a public hearing pursuant to Section 16.78.080.A.1. or to set a matter for a new hearing pursuant to Section 16.78.080A.2. may not be appealed. A majority vote of the appeal body is required to grant any appeal of a lower decision making body.
B. Appeal of an Environmental Determination. The hearing date shall be set within thirty (30) days of the submittal of complete appeal materials pursuant to Section 16.78.030D (Form and Content), and the hearing date shall be no later than the second regular meeting of city council subsequent thereto. A majority vote of the city council is required to certify the environmental document or uphold the environmental determination. (Ord. 544 § 41, 2019; Ord. 430-10 § 12, 2010)
16.78.090 Effective Date of Appealed Actions. ¶
An action of the director, appealed to the planning commission shall not become final until upheld by the planning commission, unless it is withdrawn pursuant to Section 16.78.070 (Withdrawal of Appeals). An action of the planning commission or an environmental determination appealed to the city council shall not become final unless and until upheld by the city council, unless it is withdrawn under Section 16.78.070 (Withdrawal of Appeals). The city council's decision shall be final. Any appealed action that is withdrawn under Section 16.78.070 (Withdrawal of Appeals) shall be considered final and effective on the date the city receives the written withdrawal of the final appeal related to it. (Ord. 430-10 § 12, 2010; Ord. 182 § 2 (part), 1997)
16.80 Permit Implementation, Time Limits, and Extensions ¶
16.80.010 Purpose. ¶
This chapter provides requirements for the implementation or "exercising" of the permits/entitlements specified by this development code, including time limits and procedures for granting extensions of time. (Ord. 182 § 2 (part), 1997)
16.80.020 Applications Deemed Approved. ¶
A permit application deemed approved in compliance with state law (Government Code 65956) shall be subject to all applicable provisions of this development code, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is established.
(Ord. 182 § 2 (part), 1997)
16.80.030 Performance Guarantees. ¶
A permit applicant may be required by conditions of approval or by action of the director to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority. The director, in concert with the chief building official or city engineer, as applicable, shall be responsible for setting the amount of the required security.
(Ord. 182 § 2 (part), 1997)
16.80.040 Permit Implementation—Commencement of Use. ¶
Any approved permit/entitlement shall be exercised before its expiration. The permit/entitlement shall not be deemed exercised until the permittee has actually obtained a building permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced and diligently continued without stopping for more than one hundred eighty (180) days, or has actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval. (Ord. 182 § 2 (part), 1997)
16.80.050 Expiration. ¶
A. Projects Not Subject to the Subdivision Map Act. Unless otherwise specified, all permits, entitlements, licenses and approvals for projects not subject to the subdivision map act shall comply with the following provisions: 1. Commencement. To ensure continued compliance with the provisions of this development code, the permit/entitlement shall be exercised within three years from the date of approval, or the permit/entitlement shall expire and be deemed void, unless an extension is approved by the original review authority, in compliance with Section 16.80.060, below. Additionally, if after construction commencement work is discontinued for a minimum period of one hundred eighty (180) days, the permit/entitlement shall expire and be deemed void. If the application for the permit/entitlement also involves the approval of a tentative map, the date of construction commencement shall be consistent with the tentative map and the permit/entitlement shall be exercised before the expiration of the companion tentative map.
2. Phasing.
a. Two or More Phases. Subsequent to project approval, if phasing is requested, a phasing plan application
shall be submitted and approved for the phasing plan for the entire project site by the director.
b. Commencement for Each Phase. If a project is to be built in pre-approved phases, each subsequent phase shall have two years from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the permit/entitlement, or the permit/entitlement shall expire and be deemed void. If the application for the permit/entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit/entitlement shall be exercised before the expiration of the companion tentative map.
B. Repealed by Ordinance 293.
C. Permit, Entitlement, or Map Deemed Void. Where the permit, entitlement, or map has expired and/or has
been deemed void:
1. No Further Action. No further action is required by the city;
2. No Further Reliance. No further reliance may be placed on the previously approved permit, entitlement, or
map;
3. No Rights. The applicant shall have no rights previously granted under the permit, entitlement, or map;
4. New Application(s) Required. The applicant shall file a new application(s) and obtain all required approvals
before construction can commence or an allowable use may be implemented; and
5. Security. Any security provided by the applicant under the previously approved permit, entitlement, or map may be utilized by the city to provide suitable protection from any harm that may result from the terminated development.
- (Ord. 544 § 42, 2019; Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.80.060 Time Extensions. ¶
A. Extensions of Permit/Entitlement.
1. Written Request. The applicant shall file a written request for an extension of time, prior to the expiration of the permit/entitlement, together with the filing fee required by the council's fee resolution. The burden of proof is on the permittee to establish, with substantial evidence, why the permit/entitlement should be extended.
2. Notice on Extension. If the matter originally required a noticed public hearing, the director shall pro-vide
notice, in compliance with Section 16.76.020 (Notice of Public Hearing).
3. Director's Decision on Extension. Upon good cause shown, the extension may be approved, approved with modifications, or disapproved by the director, whose decision may be appealed to the commission, in compliance with Chapter 16.78 (Appeals).
4. Time Limits on Extensions. The maximum number of years that a permit/entitlement may be extended may not exceed six years from the original expiration date of the permit/entitlement unless otherwise allowed by law. Each extension of time granted shall not exceed three years. For permits/entitlements approved and which have not expired prior to the adoption of this ordinance number 538-18, an additional extension may be granted provided the extension does not cause the permit/entitlement to exceed nine years from the original approval date of the permit/entitlement.
5. Circumstances Under Which Extension(s) May be Granted. An extension of the approval of a
permit/entitlement may be granted only if the director finds that there have been no significant changes in the general plan, any applicable specific plan, development code, municipal code, or character of the area within which the subject property is located that would cause the approved permit/entitlement to be injurious to the public convenience, health, safety, or general welfare.
(Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.80.070 Changes to an Approved Project. ¶
A development or new land use authorized through approval of a land use entitlement permit shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section. Changes may be requested either before or after construction, or establishment and operation of the approved use.
A change under this section is a request for a determination of substantial conformance with an approved permit, in compliance with the following:
A. Applications. Applications for substantial conformance shall be filed in writing with the director, accompanied
by the fee(s) established by the council's fee resolution, and shall include the following:
All information identified in this development code for the filing of a new application for the permit sought to be modified, unless the requirement is waived by the director;
A statement explaining the proposed modification(s) and the reason the modification(s) has been requested; and
Additional information required by the director.
B. Substantial Conformance to an Approved Permit. A substantial conformance is a request for a minor modification to an approved permit that does not substantially change the original approval or the effect of the permit on surrounding property. A substantial conformance is limited to the following:
Changes to conditions(s) of approval that do not circumvent the purpose and intent of the original condition(s).
Minor modifications to architectural features, colors, materials, or structural alterations that do not change the basic architectural concept.
Minor modifications to site plans, landscaping plans, lighting plans, that do not change the basic concept of the plans, including:
a. Reorientation of buildings;
b. Relocation, deletion, or addition of access driveways;
c. Modifications to on-site circulation that do not affect adjacent properties; and
d. Relocation, deletion, or addition of ancillary structures (e.g., trash enclosures, mechanical equipment or other similar structures).
Changes that are within the scope of a previously adopted negative declaration or environmental impact report in compliance with California Environmental Quality Act guidelines Section 15162.
Changes in use that the director determines are substantially the same in character and intensity as the original use, and are within the thresholds described above.
Other minor modifications, not identified above, that the director determines are similar to those de-scribed above.
C. Revised Permit. A revised permit is required when the change(s) does not meet or exceeds the
thresholds/criteria described above.
D. Procedure.
1. Substantial Conformance. The director shall approve, or deny an application for a substantial conformance within forty-five (45) days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person(s) who has filed a written required for notice. The director's determination shall be based upon the standards of this section and those standards identified in this development code for the approval of the original permit. An application for substantial conformance shall not require a public hearing.
2. Revised Permit. An application for a revised permit shall be approved, conditionally approved, or disapproved in compliance with the procedures for processing the original permit, including any requirements for notice of hearing, public hearing, and all rights of appeal, in compliance with Chapter 16.78 (Appeals). A revised permit shall be subject to the development standards applicable to approval of the original permit.
E. Approval Period. The approval of an application for a substantial conformance or a revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by the approved revised permit.
F. California Environmental Quality Act. An application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act (CEQA). (Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.80.080 Resubmittals. ¶
A. Reapplication.
1. Disapproved with Prejudice.
a. An application or appeal may be disapproved with prejudice on the grounds that two or more similar applications have been disapproved in the past two years or, that another cause exists for limiting the refilling of the application.
b. If the disapproval becomes final, no further application for the same or substantially similar discretionary permit/entitlement for the same parcel shall be filed for a period of one year, except as otherwise specified at the time of disapproval.
c. The director shall determine whether the new application is for a discretionary permit/entitlement which is the same or substantially similar to the previously disapproved permit/entitlement.
2. Disapproved Without Prejudice. There shall be no limitation on refilling a project disapproved without prejudice.
B. Modification of Condition(s). No request for modifications of a condition of approval relating to any fee, exaction, or dedication of property imposed on a permit/entitlement shall be accepted after the final decision on the permit/entitlement unless accompanied by a significant change in the size or intensity of the proposed project. (Ord. 182 § 2 (part), 1997)
16.80.090 Covenants for Easement. ¶
A. Covenant May be Required. When necessary to achieve the land use goals of the city, the city may require a property owner(s) holding property in common ownership to execute and record a covenant of easement in favor of the city and providing for parking access. ingress, egress, emergency access. drainage, light and air access, landscaping, utilities, or for open space. The covenant may be imposed as a condition of approval by the director, commission, or council, in compliance with state law (Government Code Section 65870).
B. Form of Covenant. The covenant of easement shall describe the real property to be subject to the easement and the real property to be benefitted by the easement. The covenant shall also identify the approval or permit/entitlement granted which relied on or required the covenant. The form of the covenant shall be approved by the city attorney. The plat and legal description shall be prepared by a California registered civil engineer or land surveyor.
C. Effect of Covenant. The covenant shall be effective when recorded and shall act as an easement in compliance with state law (Chapter 3 [commencing with Section 801] of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to the conveyance of the affected real property.
D. Release of Covenant. The covenant may be released by the city, at the request of any person, including the city or an affected property owner and after a public hearing, on a determination that the restriction on the property is no longer necessary to achieve the land use goals of the city. The release may be effected by the review authority which originally imposed the requirement for the covenant. A notice of the release of the covenant shall be recorded by the city with the county recorder's office.
E. Fees. The city may impose fees to recover the city's reasonable cost of processing a request for a release. Fees for the processing shall be specified in the council's fee resolution. (Ord. 182 § 2 (part). 1997)
16.82 Revocations and Modifications ¶
16.82.010 Purpose. ¶
The purpose of this chapter is to provide a process for revoking or modifying permits which protects the public convenience, health, safety, and general welfare, as well as the rights to due process of permit holders within the city. In order to ensure the protection of the greater public interest, and to enforce the provisions of this development code, it may, from time to time, become necessary to revoke or modify a previously approved permit, entitlement, license, or approval.
(Ord. 182 § 2 (part), 1997)
16.82.020 Authority. ¶
The commission is authorized to revoke or modify a permit, entitlement, license, or approval, subject to the appeal provisions of Chapter 16.78. A public.hearing in compliance with Chapter 16.76 shall be required for the revocation or modification of permits.
(Ord. 182 § 2 (part), 1997)
16.82.030 Initiation. ¶
Revocation or modification of permits may be initiated in the following manner:
A. Council. By the consensus of the council:
B. Commission. By the consensus of the commission:
C. Director. By the director based on reasonable evidence provided to show conditions are not being adhered to; or
D. Complaints. Based on citizens' complaints.
(Ord. 182 § 2 (part), 1997)
16.82.040 Notification and Time Limits. ¶
A. Written Notice. The director shall provide written notice to the applicant, and/or owner of the property for which the permit was granted. at least ten days before the scheduled public hearing (except for temporary use permits, which require only a twenty-four- (24-) hour notice). Notice shall be deemed delivered two days after being mailed, first class postage paid, return receipt requested, to the owner as shown on the county's latest equalized assessment roll and/or to the project applicant, who is not the owner of the subject property. The notification shall specifically state the reasons for the revocation or modification.
B. Rescheduling. In taking action to revoke or modify a permit, the commission shall have the discretion to reschedule the date of the revocation or modification hearing, in order to allow the permit holder adequate and appropriate time in which to make necessary corrections.
(Ord. 182 § 2 (part), 1997)
16.82.050 Findings. ¶
A. Permits, Entitlements, Licenses, or Approvals. A permit, entitlement, license, or approval may be revoked or modified by the commission if any one of the following findings of fact can be made in a positive manner:
Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public convenience, health, safety, and general welfare require the revocation;
The permit was obtained in a fraudulent manner;
One or more of the conditions of the permit have not been substantially fulfilled or have been violated;
The use for which the permit was granted had ceased or was suspended for at least one hundred eighty (180)
days;
The use or improvement for which the permit was granted is being or is allowed to be or operates in violation of any code, law, ordinance, regulation, or statute; or
The use or improvement for which the permit was granted has become detrimental to the public convenience, health, safety, and general welfare or the manner of operation constitutes or is creating a nuisance.
B. Variance Revocation or Modification. A variance may be revoked or modified by the commission if any one
of the following findings of fact can be made in a positive manner:
Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the variance; or
One or more of the conditions of the variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the variance.
(Ord. 182 § 2 (part), 1997)
16.82.060 Effective Dates. ¶
A. Commission's Decision. A revocation or modification shall not become effective until the commission has made the decision to revoke the approval or modify the status of the permit, and until the time period to appeal the commission's decision to the council has lapsed with no appeal being filed.
B. Appeal of Commission's Decision. In the event an appeal of the commission's decision is appropriately filed in compliance with Chapter 16.78, the revocation or modification shall not become effective until and unless the council decides to revoke the approval or modify the status of the permit. The decision of the council on revocation or modification of a permit is immediately final.
C. Written Notice of Decision. The applicant and/or owner of the property shall be notified in writing of the commission's and council's decision(s).
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.82.070 Modification. ¶
A permit, entitlement, license, or approval may be modified by the review authority (e.g., director, commission, or council) which originally approved the permit, entitlement, license, or approval without the consent of the property owner or operator, if the review authority finds that the use or related development constitutes or is creating a nuisance.
(Ord. 182 § 2 (part), 1997)
16.84 Enforcement Provisions ¶
16.84.010 Purpose. ¶
This chapter provides procedures which are intended to ensure compliance with the requirements of this development code. Enforcement of these provisions and any approvals granted by the city shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the city's planning efforts, and to protect the public convenience, health, safety, and general welfare. (Ord. 182 § 2 (part), 1997)
16.84.020 Responsibility for Enforcement. ¶
The department shall be responsible for monitoring and enforcing the conditions and standards imposed on all land use permits, entitlements, licenses, maps, and approvals granted by the city. The enforcement shall include the right to inspect properties and structures to ensure adequate compliance with the standards of this development code. (Ord. 182 § 2 (part), 1997)
16.84.030 Violations. ¶
A. Unlawful Use. Any use or structure which is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this development code, or any applicable condition of approval, is hereby declared to be unlawful, and shall be subject to the remedies and penalties specified in the municipal code, including this chapter and/or revocation or modification procedures initiated in compliance with Chapter 16.82 (Revocations and Modifications).
B. Infraction/Misdemeanor. Any person, partnership, firm, or corporation, whether as principal, agent, employee, or otherwise, violating, or failing to comply with any provision(s) of this development code or any condition imposed on any land use permit, entitlement, license, map, or approval, shall be guilty of an in-fraction on each separate day the violation or failure to comply exists, except as otherwise specified herein. Any person responsible for a violation(s) who has previously been convicted two or more times during any one year period for any other violation(s) of this development code shall be guilty of a misdemeanor.
C. Stop Work Order. Any construction in violation of this development code or any condition(s) imposed on a permit, entitlement, license, map, or approval shall be subject to the issuance of a "Stop Work Order." Any violation of a stop work order shall constitute a misdemeanor.
D. Penalties. The penalties for violating any of the provisions of this development code, and/or any condition of a permit, entitlement, license, map, or approval granted under this development code, are identified in the municipal code. The city may recover costs associated with the abatement of violations of this development code, in compliance with Section 16.84.080 (Recovery of Costs), below.
(Ord. 182, § 2 (part). 1997)
16.84.040 Remedies Are Cumulative. ¶
All remedies contained in this development code for the handling of violations or enforcement of the provisions of this development code shall be cumulative and not exclusive of any other applicable provisions of local, state, or federal law.
If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this development code. the conviction shall not prevent the city from pursuing any other available remedy(s) to correct the violation.
(Ord. 182 § 2 (part). 1997)
16.84.050 inspection. ¶
Every applicant seeking an application, permit. or any other action in compliance with this development code shall allow appropriate city officials access to any premises or property which is the subject ofthe application. If the permit or other action is approved, the owner or applicant shall allow appropriate city officials access to the premises to determine continued compliance with the approved permit and/or any conditions of approval.
Failure to allow inspections for compliance shall automatically make all permits and approvals, identified in this development code void.
(Ord. 182 § 2 (part). 1997)
16.84.060 Initial Enforcement Action. ¶
This chapter describes the procedures for initiating enforcement action in cases where the director has deter-mined that property within the city is being used. maintained, or allowed to exist in violation of the provisions of this development code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations. so that other enforcement measures. provided by this chapter, may be avoided. A. Notice to Responsible Parties. The city's code enforcement officer shall provide the record owner of the subject parcel and any person in possession or control of the parcel with a written notice of violation, which shall include the following information:
1. Time Limit. A time limit for correcting the violation, in compliance with subsection B, below;
2. Administrative Costs. A statement that the city intends to charge the property owner for all administrative costs associated with the abatement'of the violation(s). in compliance with Section 16.84.080 (Recovery of Costs), below and/or initiate legal action as described in Section 16.84.070 (Legal Remedies), below; and
3. Meet With the Director to Remedy. A statement that the property owner may request and be provided a meeting with the director to discuss possible methods and time limits for the correction of the violation(s).
B. Time Limit for Correction. The notice of violation shall state that the violation shall be corrected within ten days from the date of the notice to avoid further enforcement action by the city, unless the responsible party contacts the director within that time to arrange for a longer period for correction. The director may approve a time extension where it is determined that the responsible party will likely correct the violation within a reasonable time.
If the director determines that the violation constitutes a hazard to public convenience, health, safety, orgeneral welfare, or if deemed appropriate, the director may require immediate corrective action.
C. Use of Other Enforcement Procedures. The enforcement procedures of Section 16.84.070 (Legal Remedies), below may be employed by the director after or instead of the provisions of this section where the di-rector determines that this section would be ineffective in securing the correction of the violation within a reasonable time. (Ord. 182 § 2 (part), 1997)
16.84.070 Legal Remedies. ¶
The city may choose to undertake any of the following legal actions to correct and/or abate nuisances or violations of this development code.
A. Civil Actions:
1. Injunction. At the request of the council, on recommendation of the director, the city attorney may apply to a
court of competent jurisdiction for injunctive relief to terminate a violation of this development code.
2. Abatement. Where any person, firm, or corporation fails to abate[.] a violation after being provided a notice of violation in compliance with Section 16.84.060(A) (Notice to Responsible Parties), above, and the opportunity to correct or end the violation, the council, on recommendation of the director, may request the city attorney to apply to a court of competent jurisdiction for an order authorizing the city to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions.
3. Medical Marijuana Dispensary a Public Nuisance. In addition to the penalties provided by this title or elsewhere in this code, any operation of a medical marijuana dispensary or mobile medical marijuana dispensary is deemed a public nuisance and may be abated by the city, and each day such condition continues shall be regarded as a new and separate offense. Additionally, any person or entity operating, owning, leasing, occupying or having charge or possession of any property and/or any vehicles thereon where a medical marijuana dispensary or mobile medical marijuana dispensary operates shall be responsible for creating the public nuisance declared by this subsection.
B. Civil Remedies and Penalties:
1. Civil Penalties. Any person who willfully violates the provisions of this development code, or a permit issued in compliance with this development code. shall be liable for a civil penalty not to exceed the maximum amount allowed by law for each day that the violation continues to exist.
2. Costs and Damages. Any person violating any provisions of this development code, or permits issued in compliance with this development code, shall be liable to the city for the costs incurred and the dam-ages suffered by the city, its agents, and agencies as a direct result of the violations.
C. Criminal Actions and Penalties:
1. Misdemeanor. A person violating any provisions of this development code, or a permit issued in compliance
with this development code, shall be guilty of a misdemeanor.
2. An Infraction to a Misdemeanor. An offense that would otherwise be an infraction may. at the discretion of the city attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this development code within the one-year period immediately preceding the commission of the offense, or has been convicted of three or more violations of any of the provisions of this development code within the twoyear period immediately preceding the commission of the offense.
(Ord. 480-13 § 8, 2013; Ord. 182 § 2 (part), 1997)
16.84.080 Recovery of Costs. ¶
This section establishes procedures for the recovery of administrative costs (e.g., staff, legal, etc.), including staff time expended in the enforcement of the provisions of this development code, in cases where no permit is required to correct a violation. The intent of this section is to recover city administrative and legal costs reasonably related to the required enforcement action(s).
A. Record of Costs. The city shall maintain records of all administrative costs, incurred by responsible city departments. associated with the processing of violations and enforcement of this development code, and shall recover the costs from the property owner, in compliance with this section. staff time shall be calculated at an hourly rate established and revised from time to time by the council.
B. Notice. Upon investigation and a determination that a violation of any provision(s) of this development code is found to exist, the code enforcement officer shall notify the record owner or any person having possession or control of the property by certified mail, of the existence of the violation, the department's intent to charge the property owner
for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the city attorney.
C. Summary of Costs and Notice. At the conclusion of the case, the code enforcement officer shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail. The summary shall include a notice, in a form approved by the city attorney, advising the responsible party of their right to request a hearing on the charges for city cost recovery within ten days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.
In the event that no request for hearing is timely filed or, after a hearing during which the director affirms the validity of the costs, the property owner and/or person in control shall be liable to the city in the amount stated in the summary or any lesser amount determined by the director. These costs shall be recoverable in a civil action in the name of the city, in a court of competent jurisdiction within the county.
D. Request for Hearing on Costs. A property owner, and/or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the director on their objections to the proposed costs.
1. Request for Hearing. A request for hearing shall be filed with the department within ten days of the service
by certified mail, of the department's summary of costs, on a form provided by the department.
2. Hearing. Within thirty (30) days of the filing of the request, and on ten days written notice to the owner, the
director shall hold a hearing on the owner's objections and determine their validity.
3. Validity of Costs . In determining the validity of the costs, the director shall consider whether total costs are
reasonable in the circumstances of the case. Factors to be considered include the following:
a. Whether the present owner created the violation(s):
b. Whether there is a present ability to correct the violation(s):
c. Whether the owner moved promptly to correct the violation(s):
d. The degree of cooperation provided by the owner: and
e. Whether reasonable minds can differ as to whether a violation(s) exists.
4. Appeal. The director's decision shall be appealable directly to the council, in compliance with Chapter 16.78
(Appeals).
- (Ord. 182 § 2 (part), 1997)
16.84.090 Additional Permit Processing Fees. ¶
A person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure with-out first obtaining a permit required by this development code, shall pay the additional permit processing fees established by the council's fee resolution for the correction of the violation(s), before being granted a permit for a use or structure on the parcel.
(Ord. 182 § 2 (part), 1997)
16.84.100 Reinspection Fees. ¶
A. Reinspection Fee. A reinspection fee may be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of the municipal code, adopted building code. or state lafl. The fee amount shall be established by the council's fee resolution. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.
The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.
B. Administrative Costs. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the law for less than one hundred eighty (180) days, the violation shall be deemed a continuation of the original case and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee. This fee is intended to compensate for administrative costs for unnecessary inspections, and not for enforcement of the law.
Any reinspection fee(s) imposed shall be separate and apart from any fines or penalties imposed for violation of the law, or costs incurred by the city for the abatement of a public nuisance. (Ord. 182 § 2 (part), 1997)
16.86 General Provisions ¶
16.86.010 Purpose. ¶
The purpose of this article is to promote the public health, safety. general welfare and preserve the aesthetic quality of the city through the regulation and control of the division of land, and to supplement the provisions of the subdivision map act relating to design, improvement, and survey data, in addition to the form, content and review procedures for all maps required by the subdivision map act. To achieve this purpose, the provisions contained in this article are determined to be necessary to promote orderly growth and development, open space. conservation, protection and proper use of land: and to ensure adequate provision for traffic circulation, utilities, and other services in the city. It is the intent of this article to incorporate by reference, to the maximum extent possible, the provisions of the subdivision map act, consistent with state law (Government Code Section 66411). (Ord. 182 § 2 (part), 1997)
16.86.020 Citation and Authority. ¶
This article is adopted to supplement and implement the subdivision map act, Section 66410 et seq. of the government code, and may be cited as the city's subdivision ordinance. If the provisions of this article conflict with any provision of the subdivision map act, the provisions of the subdivision map act shall prevail. (Ord. 182 § 2 (part), 1997)
16.86.030 Consistency. ¶
A. Compliance with General Plan. Land shall not be subdivided and/or developed for any purpose which is not consistent with the general plan, and any applicable specific plan, and allowed by this development code.
B. Required Improvements. The type and intensity of land use shown on the general plan and any applicable specific plan shall determine, together with the requirements of the subdivision map act, State Planning and Zoning Law, the California Environmental Quality Act (CEQA) and this article, the type of roads, streets, utilities and other public services that shall be provided by the subdivider as a direct result of the city's approval of the subdivision project.
(Ord. 182 § 2 (part), 1997)
16.86.040 Application. ¶
The provisions contained in this article shall apply to all or part of any subdivision within the city. and to the preparation of any subdivision maps or other maps required by the subdivision map act. (Ord. 1 82 § 2 (part), 1997)
16.86.050 Exclusions. ¶
This article shall not be applicable to those exclusions provided by state law (Government Code Section 66412). (Ord. 182 § 2 (part), 1997)
16.86.060 Effect of Annexation. ¶
A subdivision subject to annexation to the city shall be in compliance with state law (Government Code Section 66413).
(Ord. 182 § 2 (part), 1997)
16.86.070 Fees. ¶
All persons submitting applications for maps or other approvals required by this article shall pay, at the time of application, all fees and/or deposits specified in the council's fee resolution, in compliance with Chapter 16.48 (Application Filing, Fees).
(Ord. 182 § 2 (part), 1997)
16.88 Definitions ¶
16.88.010 Purpose. ¶
The purpose of this chapter is to provide definitions for the specific terms used in this article. (Ord. 182 § 2 (part), 1997)
16.88.020 Definitions. ¶
In addition to those terms defined in this chapter, and specific terms defined in Article VI (Definitions), this chapter shall incorporate by reference those terms defined in state law (Government Code Section 66414 et seq.. Article 2. Definitions). If the provisions of this chapter conflict with any provision of the subdivision map act. the provisions of the subdivision map act shall prevail.
Acreage. A parcel of land of one acre or more in area, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared the parcel as acreage.
Block. The area of land within a subdivision, which is entirely bounded by streets or ways, except alleys, or the exterior boundary or boundaries of the subdivision.
City Standards. Standards and specifications. including standard drawings, as may be adopted from time to time by the city engineer. These standards are to be on file in the office of the city clerk and city engineer.
Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel together with a separate interest in space in a residential or commercial structure on the real property (e.g., apartment, office. residence. or store). Furthermore, a condominium may include a separate interest in other portions of the real property.
Conversion. The creation of separate ownership of existing real property together with a separate interest in space of residential or commercial structures.
County Recorder. The county recorder of the county of Riverside.
Easement. A specified area of land dedicated to a second entity (e.g., the city. other public entity or utility', or private entity), which shall be continuing and irrevocable unless formally abandoned by the appropriate entity or land retained in private ownership, subject to a recorded covenant of easement to provide parking, ingress, egress, emergency access, light and air access, landscaping, open space, or other public purpose.
Environmental Subdivision. A subdivision of land for biotic and wildlife purposes, in compliance with state law (Government Code Section 66418.2).
Final Map. A map showing a subdivision for which a tentative and final map is required by state law (Government Code Section 66426). prepared in compliance with the provisions of this article and the subdivision map act and designed to be recorded with the county recorder.
Improvement Standard. A specified requirement imposed by this article relating to the installation, modification or removal by the subdivider of a sidewalk, street. storm drain, tree, utility, well, or other facility as necessary for the general use by the parcel owners of the subdivision and local neighborhood.
Lot Line Adjustment. A minor shift, movement or rotation of an existing lot line between two or more adjacent parcels where no additional parcels are created.
Merger. The joining of two or more contiguous parcels of land under one ownership into one parcel. Parcel Map. A map showing a subdivision for which a parcel map is required by state law (Government Code Section 66426, subdivision [a], [b], [c] or [d]) and other subdivisions for which a final map is not required under the
subdivision map act prepared in compliance with the provisions of this article and the subdivision map act designed to be recorded with the county recorder.
Remainder. That portion of an existing parcel which is not included as part of the proposed subdivision. The remainder is not considered as part of the subdivision but shall be shown on the required maps as part of the area surrounding subdivision development.
Subdivision Map Act. State of California Government Code Section 66410 to 66499: hereinafter referred to as "the subdivision map act".
Tentative Map. A map prepared for the purpose of showing the design and improvement of a proposed subdivision, including the existing conditions both in and around the subject property.
Unit. Those elements of a condominium or other development where ownership is divided into individual and common areas, which are not owned in common with other owners of the project.
Vesting Tentative Map. A map which meets the requirements of state law (Government Code Section 66452), and if approved, expressly confers a vested right to proceed with the development in substantial compliance with the ordinances, policies and standards in effect at the time the application for approval of the vesting tentative map is determined complete, as outlined in state law (Government Code Section 66498.1). (Ord. 182 § 2 (part), 1997)
16.90 Review Authority ¶
16.90.010 Purpose. ¶
The purpose of this chapter is to outline the duties of the individual participants involved in the review/determination of subdivision matters governed by this article.
(Ord. 182 § 2 (part), 1997)
16.90.020 Final Review Authority. ¶
A. City Engineer. The city engineer shall have final authority in the approval, conditional approval or disapproval of certificates of compliance, lot line adjustments, final map approvals, and parcel mergers.
- B. Commission. The commission shall have final authority in the approval, conditional approval or disapproval of reversions to acreage, tentative parcel maps, tentative tract maps, and vesting tentative maps.
C. Council. The commission shall act as the appeal body for director and city engineer decisions unless a different review authority is established by the city council, while the council shall act as the appeal body for hearing appeals pertaining to all commission decisions, in compliance with (Appeals).
- (Ord. 610-24 § 18, 2024; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.90.030 City Attorney. ¶
The city attorney shall be responsible for approving, as to form, all subdivision improvement documents that affect public rights-of-way related to subdivisions.
(Ord. 182 § 2 (part), 1997)
16.90.040 City Engineer. ¶
The city engineer shall be responsible for the following:
A. Final and Parcel Maps. The processing of final and parcel maps;
B. Subdivision Improvements. Determining if proposed subdivision improvements comply with the provisions of this article, the subdivision map act and city adopted improvement standards;
C. Construction Details. Establishing design and construction details, improvement standards and specifications;
D. Application Processing. Processing of certificates of compliance, lot line adjustments, mergers/unmergers, and correction and amendment of maps;
E. Inspection and Approval. The inspection and approval of subdivision improvements;
F. Collection of Fees. Collection of applicable engineering/plan check fees, deposits, establishment of security amounts, improvement bonds, and other financial provisions;
G. Acceptance by the City. Acceptance by the city of lands proposed for dedication to the city by means other than final map;
H. Improvement Agreements. Execution of improvement agreements on behalf of the city in conformance with tentative subdivision maps approved by the council; and
I. Time Extensions. Approval of time extensions for installation of improvements required by subdivision agreements.
- (Ord. 610-24 § 19, 2024; Ord. 182 § 2 (part), 1997)
16.90.050 Department. ¶
The department shall be responsible for the acceptance and processing of all tentative map applications, including vesting tentative maps, reversion to acreage and the collection of all required application fees. (Ord. 182 § 2 (part), 1997)
16.92 Maps ¶
16.92.010 Purpose. ¶
The purpose of this chapter is to outline the specific maps required by this article and the subdivision map act, and the procedures for amending, correcting and requesting waiver of these maps, as well as the issuance of certificates of compliance.
(Ord. 182 § 2 (part), 1997)
16.92.020 Division of Land, Five or More Parcels. ¶
A tentative and final map shall be required for all subdivisions creating five or more parcels, in compliance with state law (Government Code Section 66426).
(Ord. 182 § 2 (part), 1997)
16.92.030 Division of Land, Four or Less Parcels. ¶
A. Parcel Map Required. A tentative and final parcel map shall be required for all divisions of land creating four or less parcels, as well as those divisions identified in state law (Government Code Section 66426).
B. Parcel Map Not Required. A tentative and final parcel map shall not be required for those divisions outlined in state law (Government Code Section 66428), nor for lot line adjustments contained in Government Code Section 66412 [d].
(Ord. 182 § 2 (part), 1997)
16.92.040 Waiver of Parcel Map Requirements. ¶
A. Applicability. The council may, upon the director's recommendation, waive parcel map requirements for the following divisions of real property:
1. Judicial Action. Created by probate, eminent domain procedures, partition, or other civil judgments or
decrees; or
2. Public Entity Conveyance. Resulting from the conveyance of land or interest to or from the city, public entity or public utility for a public purpose (e.g., school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.).
3. Map Conditions Completely Met. The waiver of a final parcel map means that enough information is available to establish the boundaries of the parcels from existing recorded monuments and that the necessary conditions of the tentative map have been met, therefore, a final parcel map is not required.
B. Procedure. The following procedures shall apply to parcel map waivers:
1. Findings. A parcel map may be waived by the council, in compliance with state law (Government Code
Section 66428), only if all of the following findings of fact can be made in a positive manner:
a. The proposed division of land complies with all applicable city requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the subdivision map act, and the municipal code; and
- b. Public improvements would not be necessary or desirable as a consequence of the proposed division.
2. Certificate of Compliance. Upon waiving the parcel map requirement, the council shall direct the city engineer to file, with the county recorder, a certificate of compliance for the land to be divided and a plat map showing the division; and
3. Appropriate Fees. A parcel map waived by the council may be conditioned to provide for payment of all appropriate fees.
(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)
16.92.050 Certificates of Compliance. ¶
A. Request. A person owning real property within the city may request whether the property complies with the provisions ofthe subdivision map act and this development code. Following review and approval by the city engineer shall cause a certificate of compliance to be filed for recordation with the county recorder, in compliance with state law (Government Code Section 66499.35). A request for a conditional certificate of compliance shall also be reviewed and approved by the director.
B. Required Fee(s). A person requesting a certificate of compliance shall pay the applicable fee(s) contained in the council's fee resolution, in compliance with Chapter 16.48 (Application Filing, Fees). (Ord. 182 § 2 (part), 1997)
16.92.060 Correction and Amendments of Maps. ¶
After a final or parcel map is filed with the county recorder, it may be amended by a certificate of correction or an amending map, in compliance with state law (Government Code Section 66469 et seq.). The certificate of correction or amending map, shall be submitted to the city engineer, and processed in compliance with state law (Government Code Section 66471).
(Ord. 182 § 2 (part), 1997)
16.94 Tentative Maps ¶
16.94.010 Purpose. ¶
The purpose of this chapter is to specify the content, form and review procedures required for the approval of tentative (tract/parcel) maps, including environmental subdivisions, in compliance with state law (Government Code Section 66418.2) and the provisions of this article.
(Ord. 182 § 2 (part), 1997)
16.94.020 Application. ¶
An application for a tentative map, filed in compliance with this chapter, shall not be accepted for filing until the subdivision has been determined by the department to be generally consistent with the general plan, any applicable specific plans or master development plans, and this development code. Additionally, all required discretionary city approvals shall have been previously obtained or applications for same shall be filed concurrently with the tentative map, in compliance with the city's rules and procedures for implementation of CEQA. (Ord. 182 § 2 (part), 1997)
16.94.030 Content and Form. ¶
The tentative map shall be prepared in a manner acceptable to the department by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn and shall contain all of the information identified in the department's submittal requirements for tentative maps, in effect at the time the application is filed. (Ord. 182 § 2 (part), 1997)
16.94.040 Accompanying Data and Reports. ¶
The tentative map shall contain all of the data and reports identified in the department's submittal requirements for tentative maps, in effect at the time the application is filed. (Ord. 182 § 2 (part), 1997)
16.94.050 Application Filing and Department Review. ¶
A. Pre-Application Conference. Before submitting a tentative map application, the prospective subdivider, or agent, is strongly encouraged to request a pre-application conference with the department to obtain information and guidance pertaining to city requirements before preparing maps, surveys, and other required data. Neither the preapplication review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval or disapproval by the city representative(s). A fee may be imposed for the preapplication conference, as contained in the council's fee resolution, in compliance with Chapter 16.48 (Application Filing, Fees).
B. Determination of Completeness. The tentative map application shall be filed with the department. The application shall be determined by the department to be complete only when the content and form of the tentative map conform to the requirements of Section 16.94.030, and all fees and/or deposits, in compliance with Chapter 16.48
(Application Filing, Fees), have been submitted and accepted by the department. The subdivider shall file, with the department, the number of tentative maps the department deems necessary.
C. Notice to Public Agencies, Utilities, and City Departments. The department shall forward copies of the tentative map to the affected public agencies, and utilities, and city departments, including but not limited to the City Engineer, Fire Department, Police Department, Building and Safety, and Community Services, which may, in turn, forward to the Development Services Department their findings and recommendations. Public agencies and utilities shall certify that the proposed subdivision can be adequately served.
D. Notice of Filing. Within ten days of the filing of a complete tentative map application, the department shall send a notice of the filing of the application to the affected school district, in compliance with state law.
(Ord. 556 § 27, 2020; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.94.060 Environmental Subdivisions. ¶
An application for an environmental subdivision (for biotic and wildlife purposes) shall be submitted in a manner acceptable to the department, in compliance with state law (Government Code Section 66418.2) and this development code.
(Ord. 182 § 2 (part), 1997)
16.94.070 Extension of Time for Acting on Map. ¶
A. Director's Determination. At the time an application is filed with the department, the director shall deter-mine whether or not the department is able to meet the required time limits for reporting and acting upon the application. B. Extensions. Applicable time limits for acting on the tentative map application may be extended by mutual written consent of the subdivider and the city, in compliance with state law.
C. Waiver. A waiver of application time limits may be required by the department to permit concurrent processing of related project approvals or an environmental review on the same development project. (Ord. 182 § 2 (part), 1997)
16.94.080 Commission Determination. ¶
A. Notice of Public Hearings - Tentative Tract Maps and Commercial/Industrial Maps. Upon receipt of a complete tentative map application, the department shall prepare a written report with recommendations. The department shall schedule the matter for a public hearing before the Planning Commission for tract maps and commercial/industrial parcel maps, in compliance with Chapter 16.76 (Public Hearings). A copy of the department report shall be provided to the subdivider at least three days before the public hearing at the address designated on the application.
B. Action. The Commission shall approve, conditionally approve, or disapprove the tentative map within the time limits identified in state law after the tentative map application has been determined by the department to be complete. C. No Action. If not action is taken upon a tentative map by the Commission to approve, conditionally approve, or disapprove the tentative map, or by the council, within the time limits identified in state law, or an authorized extension thereof, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of state law and this development code. The city clerk shall certify the approval, in compliance with state law (Government Code Section 66452.4).
D. Findings.
1. Approval. The tentative map may be approved or conditionally approved by the commission if it finds that the proposed subdivision, together with the provisions for its design and improvements are in conformance with the general plan, any applicable specific plan or master development plan, and all applicable provisions of this development code.
2. Disapproval. The tentative map may be disapproved by the commission based on any of the findings contained in the subdivision map act or this development code. The commission shall disapprove the tentative map if it makes any of the following mandatory findings of fact, in compliance with state law (Government Code Section 66474):
a. The proposed map, design or improvement is not consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plans, as specified by state law (Government Code Section 65451);
b. The site is not physically suitable for the type or density of development proposed;
c. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
d. The design of the subdivision or type of improvements is likely to cause serious public health problems; or
e. The design of the subdivision of the type of improvements would conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.
E. Payment of Fees. The commission may require as a condition of approval, that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of a building permit shall be made at the rate for applicable fees in effect at the time of the application or issuance of the building permit. (Ord. 556 § 28, 2020; Ord. 544 §§ 44, 45, 2019; Ord. 367 § 7 (part), 2006; Ord. 182 § 2 (part), 1997)
16.94.090 Expiration. ¶
A. Date of Expiration. The approval or conditional approval of a tentative map shall expire within the maximum initial time limits specified in the subdivision map act or twenty-four (24) months following the date the decision of approval is rendered by the director or commission, whichever is greater. However, the map may be extended if the subdivider has complied with state law. An extension to the expiration date may also be approved in compliance with Section 16.94.100 (Extensions—"Time Limit of Extensions").
B. Stay of Time. The period of time outlined in Subsection A., above shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the council. After service of the initial petition or complaint upon the city, the subdivider shall, in writing to the director, request a stay in the time period of the tentative map. Within forty (40) days after receiving the request, the council shall either stay the time period for up to five years or disapprove the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the council shall render its decision.
C. Development Moratorium. The period of time outlined in subsection A, above shall not include any period of time during which a development moratorium is in effect in compliance with state law (Government Code Section 66452.6).
D. Termination. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all, or a portion, of the real property included within the tentative map shall be filed without first processing a new tentative map.
(Ord. 544 § 46, 2019; Ord. 367 § 7 (part), 2006; Ord. 182 § 2 (part), 1997)
16.94.100 Extensions. ¶
A. Request by Subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the department. The application shall be filed before the map is to expire and shall state the reasons for requesting the extension. The subdivider shall be solely responsible for filing the application.
B. Director's Action. In approving, conditionally approving, or disapproving the request for extension, the director shall make findings of fact in support of the decision.
C. Conditions of Approval. In granting an extension, new conditions or exactions may be imposed and existing conditions may be revised, as deemed appropriate and necessary by the director, in order to support the findings identified in Section 16.94.080(D) (Findings) and Section 16.94.140 (E) (Director's Decision on Residential Tentative Parcel Maps).
D. Time Limit of Extensions. The maximum number of years that a tentative map may be extended shall not exceed six (6) from the original expiration date of the map unless otherwise specified in the subdivision map act. Each extension of time granted may not exceed a total of three (3) years.
E. Development Fees. The subdivider shall pay any increase in applicable development fees which have occurred since the original date of the approval or conditional approval of the tentative map.
(Ord. 556 § 29, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 182 § 2 (part), 1997)
16.94.110 Amendments. ¶
A. Minor Amendments. Minor amendments to the approved tentative map or conditions of approval may be granted by the director upon written application by the subdivider or on the director's own initiative, provided:
1. No Additions. Parcels, units, or building sites are not added;
2. Consistent With Original Map. The proposed changes are consistent with the intent ofthe original tentative
map approval; and
3. No Violations. There are no resulting violations of the subdivision map act, or this development code. The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the director.
B. Major Amendments. Amendments to the tentative map or the conditions of approval which, in the opinion of the director, are not minor, shall be presented to the commission for its approval. Processing shall comply with the provisions for processing a new tentative map, in compliance with Section 16.94.050 (Application Filing and Department Review), above. An approved amendment shall not alter the expiration date of the tentative map. (Ord. 544 § 47, 2019; Ord. 182 § 2 (part), 1997)
16.94.120 Judicial Review. ¶
An action or proceeding to annul, attack, review, set aside or void the decision of the city concerning a subdivision, or of any of the proceedings, acts or determinations taken, done or made before the decision, shall not be maintained by any person unless the action or proceeding is commenced and service of summons effected within ninety (90) days after the date of the decision, in compliance with state law (Government Code Section 66499.37). (Ord. 182 § 2 (part), 1997)
16.94.130 Indemnification. ¶
The commission may require, as a condition of approval, that the subdivider defend, indemnify. and hold harm-less the city from any action, claim or proceeding brought against the city within the time period identified in Section 16.94.120 (Judicial Review) above, in compliance with state law (Government Code Section 66474.9).
(Ord. 182 § 2 (part), 1997)
16.94.140 Director Determination. ¶
A. Authority to Approve or Deny a Residential Tentative Parcel Map.
1. The Planning Commission shall retain the authority to approve, conditionally approve or disapprove a Residential Tentative Parcel Map application if an application is referred for their review or if a public hearing as described under Section 16.94.140.C (Director's Decision on Residential Tentative Parcel Maps) is requested.
2. The director shall have the authority to approve, conditionally approve or disapprove all other applications for a Residential Tentative Parcel Map, and for these applications, the City Council assigns its responsibilities under Government Code Sections 66473.5, 66474, 66474.1 66474.6, 66474.7 to the Director.
3. The director shall serve as the environmental review officer and shall make decisions for implementing Residential Tentative Parcel Maps in compliance with CEQA unless the map is referred to the Planning Commission for further consideration, pursuant to Section 16.01.040 (Relationship to California Environmental Quality Act). Preliminary noticing shall be provided pursuant to CEQA requirements. If the Residential Tentative Parcel Map application is referred to the Planning Commission for further consideration, the commission would be designated as the environmental review decision body for CEQA.
4. For Residential Tentative Parcel Maps that may have special community impacts or other unique circumstances, the director may refer the application to the commission for decision. Noticing for would be provided pursuant to Chapter 16.76 (Public Hearings).
B. Review.
1. The director shall review each Residential Tentative Parcel Map application filed pursuant to this chapter. If applicable, the director shall prepare a written report for the commission describing the proposed use for which the commission makes the decision and extent of "improvements," as that term is defined in Government Code section 66419, in which the subdivider will be required to install or that will be required to serve the land to be subdivided.
2. The director shall transmit copies of the map with accompanying information and request a written recommendation on the application to the entities as described under Section 16.94.50.C. (Notice to Public Agencies) These entities shall make a recommendation to approve, conditionally approve, or disapprove Residential Tentative Parcel Maps within the Director's authority in pursuant to the procedures specified in Section 16.094.140.C. (Director's Decision on Residential Tentative Parcel Maps) Section 16.094.140.D (Disapproval of Tentative Residential Parcel Maps) Section 16.094.140.F (Payment of Fees) Section 16.094.140.G (Conditions & Post Approval).
C. Director's Decision on Residential Tentative Parcel Maps.
1. Notice of Intent to Approve or Deny. For a Residential Tentative Parcel Map application within the director's approval authority, the director shall provide notice that identifies that a decision will be made to approve, conditionally approve or disapprove the Residential Tentative Parcel Map by the director, and the corresponding CEQA determination, pursuant to the following requirements:
a. The notice shall provide that any person notified may submit written comments on the application no later than 10 days after the date of the notice.
b. The notice shall specify that an individual can request a public hearing at the Planning Commission no later than 10 days after the date of the notice.
c. The applicant, and or subdivider, can request a public hearing at the Planning Commission for review of the decision, or if the decision is for denial, no later than 10 days after the date of the notice.
d. The director shall provide this notice pursuant Chapter 16.76.020 (Notice of Public Hearing) through
16.76.040 (Evidence of Notice). Please Note: The public hearing component of the referred sections would not apply
with a Notice of Intent to Approve or Deny.
e. This notice shall also be provided to appropriate City Departments.
f. If the last day to file a request for a public hearing falls on a legal holiday recognized by the city or on a
Saturday or Sunday, the following business day shall be deemed the last day to file the request.
2. Notice of Public Hearing. If the director receives a timely filed written request for a public hearing or review
of the director's decision, the director shall schedule a public hearing with the Planning Commission and shall provide public notice pursuant to Chapter 16.76 (Public Hearings), notify the applicant and/or subdivider, any interested parties, and appropriate City departments and agencies of the date, time and location of the hearing.
3. Approval. If the director's decision is to approve the Residential Tentative Parcel Map, the director shall include the appropriate findings and conditions as described within Section 16.94.140.G (Conditions and Post Approval), the City's Municipal Code and State law to the applicant and/or subdivider.
3. Denial. If the director's decision is to disapprove the Residential Tentative Parcel Map, the decision shall include the reason for the disapproval. Refer to Section 16.94.140.D (Disapproval of Tentative Residential Parcel Maps) for the specific criteria. Furthermore, the applicant can request a public hearing at the Planning Commission for review of the decision.
4. Notice of Decision. In the event no person makes a written request for review within the time prescribed in 16.94.140.C.1 (Notice of Intent to Approve or Deny), or files an appeal as prescribed under 16.94.140.C.5 (Tentative Map and CEQA Appeal), after the decision date, the decision shall become final. The director shall provide a final notice of approval or disapproval with the corresponding CEQA determination to the applicant, any interested parties, and appropriate City departments.
e prescribed in 16.94.140.C.1 (Notice of Intent to Approve or Deny), or files an appeal as prescribed under 16.94.140.C.5 (Tentative Map and CEQA Appeal), after the decision date, the decision shall become final. The director shall provide a final notice of approval or disapproval with the corresponding CEQA determination to the applicant, any interested parties, and appropriate City departments.
5. Tentative Map and CEQA Appeal. Residential Tentative Parcels Maps as reviewed by the director or by the Planning Commission shall be subject to appeal provisions as described within Section 16.78 (Appeals).
D. Disapproval of Residential Tentative Parcel Maps.
1. The Director shall disapprove a Residential Tentative Parcel Map under any of the following circumstances in
compliance with state law (Government Code Section 66474):
a. The subdivision proposes to create five or more lots, exclusive of a designated remainder parcel.
b. The proposed map, design or improvement is not consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plans, as specified by state law (Government Code Section 65451);
c. The site is not physically suitable for the type or density of development proposed;
d. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
e. The design of the subdivision or type of improvements is likely to cause serious public health problems; or
f. The design of the subdivision of the type of improvements would conflict with easements, acquired by the
public at large for access through or use of property within the proposed subdivision.
E. No Action. If no action is taken upon a tentative residential parcel map by the decision maker to approve, conditionally approve, or disapprove the Residential Tentative Parcel Map within the time limits identified in state law, or an authorized extension thereof, the Residential Tentative Parcel Map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of state law and this development code. The City Clerk shall certify the approval, in compliance with state law (Government Code Section 66452.4).
F. Payment of Fees. The decision maker may require as a condition of approval, that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of a building permit shall be made at the rate for applicable fees in effect at the time of the application or issuance of the building permit.
G. Conditions & Post Approval. The decision maker shall have the authority to impose reasonable and necessary conditions and improvements as described pursuant to Article V (Subdivisions) and the Subdivision Map Act. (Ord. 556 § 30, 2020)
16.96 Vesting Tentative Maps ¶
16.96.010 Purpose. ¶
The purpose of this chapter is to specify the content, form. and review procedures required for the approval of a vesting tentative map application, in compliance with state law (Government Code Section 66498.1) and the provisions of this article.
(Ord. 182 § 2 (part), 1997)
16.96.020 Applicability. ¶
A. Residential Subdivisions. This chapter shall apply only to residential subdivisions.
B. Vesting Map Optional. Whenever a provision of the subdivision map act, as implemented by this article, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may be filed, at the sole discretion of the subdivider, in compliance with the provisions of this chapter.
C. Not a Prerequisite. If a subdivider does not seek the rights conferred by a vesting tentative map. the filing of a vesting tentative map shall not be a prerequisite to an approval for a proposed subdivision, permit for construction, or work preparatory to construction.
(Ord. 182 § 2 (part), 1997)
16.96.030 Application Filing and Department Review. ¶
A. Pre-application Conference. Before submitting a vesting tentative map application, the prospective subdivider, or agent, is strongly encouraged to request a pre-application conference with the department to obtain information and guidance pertaining to city requirements before preparing maps, surveys, and other required data. Neither the pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval or disapproval by the city representative(s). A fee may be imposed for the pre-application conference, as contained in the council's fee resolution.
B. Application Filing. The vesting tentative map application shall be filed with the department. A vesting tentative map shall be filed in the same form and have the same contents. accompanying data. reports, and required fees and shall be processed in the same manner as identified in Chapter 16.94 (Tentative Maps) for a tentative map except as follows:
At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map";
An application for a vesting tentative map shall not be accepted for filing until the subdivision has been determined by the department to be generally consistent with the general plan, any applicable specific plans, master development plans, and this development code;
All required discretionary city approvals shall have been previously obtained or applications for same shall be filed concurrently with the vesting tentative map, in compliance with the city's rules and procedures for implementation of CEQA: and
At the time a vesting tentative map is filed a subdivider shall also supply the following information satisfactory to the director:
a. Completed application, in compliance with Section 16.94.030 (Content and Form);
b. Fees, in compliance with Chapter 16.48 (Application Filing, Fees);
c. Environmental assessment form;
d. Architectural/site plans, including the following items of information:
- Project boundary and dimensions;
- Dimensions relating centerline of street. property line, and curb;
- Setback dimensions;
- Structure locations and dimensions;
- Street and driveway widths;
- Bike paths, if required/provided;
- Mechanical equipment, location. and dimensions:
- Solid waste/recyclable materials storage design, location, and dimensions;
- Recreation area(s), location. and design;
- Wall and fence location and design;
- Sidewalks; and
- Outdoor lighting.
e. Floor plans, dimensions, and scale;
f. Elevations including the following items of information:
- Dimensions and scale;
- Color and materials: and
- Roof pitch and type.
g. Vicinity map three and one-half inches by three and one-half inches, illustrating the relationship of the subdivision to the community within a one-half mile radius of the site;
h. Phasing map, if applicable:
i. Preliminary grading plan;
j. Landscape plans, in compliance with Chapter 16.28 (Landscaping Standards);
k. One colored print of site plan. elevations and landscape plan, for public presentation; I. Colored rendering(s):
m. Sample materials board:
n. Uses of proposed structures:
o. Methods to be used for the preservation, relocation, and/or replacement of protected trees in compliance with Chapter 16.42 (Tree Preservation)
p. Archaeological evaluations. flood control information, geological and hydrology studies, soils report, etc., as required by the city engineer:
q. Detailed drainage, flood control. geological, soils, traffic, or other reports required by the city engineer; and
r. Additional information, as required by the director.
(Ord. 182 § 2 (part), 1997)
16.96.040 Expiration. ¶
The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions. established by this article for the expiration of an approved tentative map, in compliance with Sections 16.96.040 (Expiration) and 16.94.100 (Extensions).
(Ord. 182 § 2 (part), 1997)
16.96.050 Rights of a Vesting Tentative Map. ¶
A. Vested Right. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances. policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.
B. Findings for Conditional Approval or Disapproval. Notwithstanding subsection A., above, a permit approval, extension or entitlement may be made conditional or disapproved if any of the following findings of fact findings can be made in a positive manner:
The failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or
The condition or disapproval is required, in order to comply with state or federal law.
C. Periods of Time . The rights referred to herein shall expire if a final map is not approved before the expiration of the vesting tentative map in compliance with Section 16.96.040 (Expiration). If the final map is approved. these rights shall last for the following periods of time:
1. One Year. An initial time period of one year beyond the recording of the final or parcel map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded. All final or parcel maps shall be recorded within the time period outlined in Section 16.96.040 (Expiration). or the vesting tentative map approval shall expire for those parcels for which final or parcel maps are not re-corded in a timely manner;
2. Grading Permit. The initial time period outlined in subparagraph 1.. above shall be automatically ex-tended by
any time used for processing a complete application for a grading permit or for design or architectural review, if the processing exceeds thirty (30) days, from the date a complete application is filed;
3. Extension. A subdivider may apply for a one-year extension at any time before the initial time period outlined
in subparagraph 1. above expires;
4. Building Permit. If the subdivider submits a complete application for a building permit during the periods of time outlined in subparagraphs I. through 3. above, the rights referred to subsection A., above shall continue until either expiration or extension of that permit; and
5. Reasonable Conditions. Consistent with subsection A., above, an approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions on subsequent required approvals or permits necessary for the implementation of the subject development.
(Ord. 182 § 2 (part), 1997)
16.96.060 Vesting Map Amendments. ¶
Amendments to an approved or conditionally approved vesting tentative map shall be made in compliance with Section 16.96.060 (Amendments).
(Ord. 182 § 2 (part), 1997)
16.98 Final and Parcel Maps ¶
16.98.010 Purpose. ¶
The purpose of this chapter is to outline the form, content, accompanying data, and the procedures for the filing of a final or parcel map, hereinafter referred to as a "final map", with the city engineer, in compliance with the subdivision map act.
(Ord. 182 § 2 (part), 1997)
16.98.020 Preparation. ¶
The final map shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor, in compliance with the applicable provisions of state law (Business and Professions Code). (Ord. 182 § 2 (part), 1997)
16.98.030 Phasing. ¶
A. Multiple Final Maps. Multiple final maps relating to an approved or conditionally approved tentative map may be filed before the expiration of the tentative map if the subdivider, at the time the tentative map application is filed, notifies the department in writing of the subdivider's intention to file multiple final maps on the tentative map, in compliance with Section 16.94.050 (Application Filing and Department Review).
B. Number Not Required. The subdivider shall not be required to define the number or configuration of the
proposed multiple maps.
C. Director Approval. The sequence of map phasing is subject to the approval of the director.
D. No Invalidation. The filing of a final map on a portion of an approved or conditionally approved tentative map
shall not invalidate any part of the tentative map.
E. Separate Number. Each final map which constitutes a part, or unit, of the approved or conditionally approved tentative map shall have a separate subdivision number, which shall be the tract number followed by -1, -2, -3 etc. indicating phases of the same map.
F. Improvement Agreement. The subdivision improvement agreement executed by the subdivider shall pro-vide for the construction of improvements as required to constitute a logical and orderly development of the entire subdivision.
(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.98.040 Survey Required. ¶
A. Complete Survey. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor.
B. Survey Elements. All alleys, blocks, centerlines of streets, curves, easements, monuments, parcels, and property lines adjoining or within the subdivision shall be tied into the survey.
C. Adjoining Properties. All adjoining properties shall be identified by block, parcel, property owners, and tract designation.
D. Error of Closure. The allowable error of closure on any portion of the final map shall be in compliance with the requirements of the county surveyor.
E. Net Acreage. Parcels containing one acre or more shall show net acreage to the nearest one-one hundredth. F. Setting of Monuments. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards required by state law (Business and Professions Code Section 8771) so that another engineer or surveyor may readily retrace the survey, in compliance with state law (Government Code Sections 66495 and 66496). At least one exterior boundary line shall be monumented before recording the final map. Every final map shall show the following monuments:
Boundary monuments. The exterior boundary of the subdivision shall be monumented with permanent monuments not smaller than two-inch iron pipes at least twenty-four (24) inches long set at each corner and at intermediate points along the boundary not more than one thousand (1,000) feet apart and at the beginning and end points of all curves. If any existing record and identified monument meeting the foregoing requirements is found at any corner or point, the existing monument(s) may be used in lieu of a new monument;
Lot corner monuments. All lot corners, except when coincident with exterior boundary corner, shall be monumented with permanent monuments of one of the following types:
a. Three-quarter-inch diameter iron pipe at least twelve (12) inches long;
b. One-half-inch diameter steel rod at least twelve (12) inches long; or
c. Lead plug and copper identification disks set in concrete sidewalks or curbs.
Additional monuments to mark the limiting lines of streets as the city engineer may require;
All other monuments set or proposed to be set.
a. The subdivider shall cause the foregoing monuments to be set by a licensed surveyor or engineer.
b. All monuments and their installation shall conform to city standards.
c. All of the foregoing monuments shall be set before the approval of the map by the city engineer unless the setting thereof is deferred in compliance with state law (Subdivision Map Act Section 66496). However, the setting of exterior boundary monuments shall not be deferred unless the city engineer determines that the monuments might be disturbed by the construction of the improvements.
d. Where the setting of monuments is deferred following filing of a final map, the monuments shall be set within thirty (30) days after the completion of the required improvements and before the acceptance by the city. The setting of monuments shall not be deferred if a parcel map is filed unless expressly allowed by the city engineer. (Ord. 610-24 § 20, 2024; Ord. 182 § 2 (part), 1997)
16.98.050 Form. ¶
The form of the final map shall comply with the subdivision map act and as follows:
A. Drawing and Reproduction of Final Map. The final map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque indelible ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to ensure permanent legibility;
B. Sheet Size. The size of each sheet shall be twenty-two (22) inches by thirty (30) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch;
C. Map Scale. The scale of the map shall be an engineering scale and not less than one inch equals fifty (50) feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end;
D. Number of Sheets. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificate sheet are used, a key sheet shall be included;
E. Map lettering. All printing or lettering on the map shall be of one-eighth (1/8) inch minimum height by hand. or one-tenth (1/10) inch by machine, and of a shape and weight as to be readily legible on prints and other reproductions
made from the original drawings; and
F. State Law Compliance. The final form of the final map shall be in compliance with state law (Government Code Section 66434) and as approved by the city engineer.
(Ord. 182 § 2 (part), 1997)
16.98.060 Contents. ¶
The contents of the final map shall be in compliance with the subdivision map act and as follows:
A. Boundary. The boundary' of the subdivision shall be designated by a heavy black line in a manner that shall not cover figures or other data;
B. Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title: "City of Murrieta, Riverside County, California.";
C. Certificates and Acknowledgments. All certificates and acknowledgments shall be made in compliance with state law (Government Code Sections 66433 et seq.) and as approved by the city engineer, and shall appear only once on the cover sheet:
D. Scale, North Point, and Basis of Bearings. There shall appear on each map sheet the scale and north point. The basis of bearings shall appear on the title map sheet and each subsequent sheet or referenced on each subsequent sheet. The basis of bearing shall be based on Zone 6 of the California Coordinate System, unless otherwise approved by the city engineer;
E. Linear, Angular, and Radial Data. Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius. and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map;
F. Monuments. The location and description of all existing and proposed monuments shall be shown. Standard city monument types shall be set in compliance with city standards.
G. Parcel Numbers.
Parcel numbers shall begin with the number "1" in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units. in which case, parcel numbers may begin with the next consecutive number following the last number in the preceding unit.
Nonbuildable, open space and common parcel areas shall be lettered beginning with the letter"A["] and shall continue consecutively with no omissions or duplications.
Each parcel shall be shown entirely on one sheet of the final map, unless otherwise approved by the city engineer.
H. Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, with reference to the book and page ofthe filed map showing the subdivision. if no subdivision is adjacent, then by the name of the owner and reference to the re-corded deed by book and page number for the last record owner;
I. City Boundaries. City boundaries which cross or join the subdivision shall be clearly designated;
J. Street Names. The names of all streets or alleys within or adjoining the subdivision shall be shown:
- K. Traffic Prohibition. lnstrument(s) prohibiting traffic over the side line or end of a street shall be provided, when and if required;
L. Parcels for Dedication.
- 1 . The final map shall particularly define, delineate and designate all parcels intended for private purposes.
All parcels offered for dedication for any purpose, public or private, shall be clearly shown.
Private streets allowed under the provisions of this article, with all boundaries, courses, and dimensions clearly shown and defined in every case.
Parcels offered for dedication, but not accepted, shall be so designated.
M. Easements and Dedications.
Easements and dedications for alleys, local transit facilities, paths, roads or streets, sanitary sewers, storm water drainage, utilities, or other public use as may be required, shall be dedicated to the public for acceptance by the city or other public agency, and the use shall be specified on the map.
All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance (e.g., recorder's serial number and date, or book and page ofofficial records).
Easements not disclosed by the records on file with the county recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.
The side lines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the city engineer.
Between the time of the approval of the tentative map and the recordation of the final map, easements shall not be granted to other agencies or utility companies which interfere with the city's rights in any public rights-of-way.
N. One Hundred- (100-) year Flood Inundation. The map shall show the line of one hundred- (100-) year flood inundation when the subject site includes, or is adjacent to, areas subject to periodic inundation. Areas of inundation shall be in compliance with the Federal Insurance Rate Map (FIRM) and the county flood control district.
- O. Condominium Map. The map of a condominium shall show all surface units;
P. Open Space Areas.
1. Areas May Be Shown. Open space areas may be shown, subject to the approval of the city.
2. Public Areas in Fee. Public open space areas shall be dedicated in fee unless otherwise specified in the
approval or conditional approval of the tentative map.
3. Private Areas as Easements. Private open space areas shall be dedicated as open space easements unless
otherwise specified in the approval or conditional approval of the tentative map.
- Q. Request for Approval. The subdivider shall submit a written request for the city's approval of the final map.
R. Environmental Constraint Sheet. Any notes(s) required by the conditions of approval shall be shown on an environmental constraint sheet and referenced on the final map. This shall be required when constraints, including any of the following, are conditioned:
Archaeological sites;
Fire protection;
Flood hazard zone(s);
Geologic mapping;
Grading;
Seismic lines;
Setbacks;
Sewage disposal;
Structure(s);
Structure setback lines: and
Water availability.
When an environmental constraint sheet is required. a note shall be placed below the surveyor's notes on the final map stating the following:
ENVIRONMENTAL CONSTRAINT NOTE: Environmental Constraint Sheet affecting this map is on file in the E. C. S. Book , Page . This note affects Lot Nos. or Parcel No.
(Ord. 542 § 2, 2019; Ord. 182 §2 (part), 1997)
16.98.070 Preliminary Submittal. ¶
The subdivider shall submit prints of the final map to the city engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports, and documents in a form approved by the city engineer and, where applicable, the city Attorney:
A. Improvement Plans. improvement plans in compliance with Section 16.108.140 (Improvement Plans);
B. Soils Report. A soils report prepared in compliance with Section 16.94.040 (Accompanying Data and Re-ports),
if required by the city engineer:
C. Title Report. A title report showing the legal owner(s) of the subject site at the time of submittal of the final
map, to be current within ninety (90) days:
D. Tax Certificate. A certificate from the county tax collector stating that all taxes due have been paid or that a tax bond or other adequate form of security ensuring payments of all taxes which are a lien, but not yet pay-able, has been filed with the county tax collector;
E. Deeds for Easements or Rights-of -Way. Deeds/instruments for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence, acceptable to the city, in the form of rights of entry or permanent easements across private property outside of the subject subdivision, permitting or granting access to perform necessary construction work and permitting the maintenance of the subject facility(s):
F. Traverse Closures. Traverse closures/calculations for the boundary blocks, easements, monument lines, parcels. and street centerlines:
G. Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all flood flows, retention facilities, and storm drains:
H. Governing Documents.
1. Common Interest Developments. The submittal of the final map for a common interest development in compliance with state law (Civil Code Section 1350 et seq.) shall include the proposed declaration of covenants, conditions, and restrictions containing the provisions provided by state law (Civil Code Section 1353), and all other governing documents for the subdivision in compliance with state law (Civil Code Section 1363), and containing all conditions of approval designated to be contained within the "Covenants. Conditions, and Restrictions."
2. Other Developments. The submittal of the final map for all subdivisions other than a common interest development shall include the proposed declaration of covenants, conditions. and restrictions.
3. Director's Approval. All documents shall be subject to review and approval by the director.
I. Guarantee of Title. A guarantee of title, in a form acceptable to the city engineer and city attorney, shall be issued by a competent title company to and for the benefit and protection of the city and shall be continued complete up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, all public easements being offered for dedication, and all required acknowledgments, appear on the proper certificates and are correctly shown on the map, both as to consents and to the making, and affidavits of dedication where necessary;
J. Improvement Agreement. In the event drainage, grading, paving, sewer, water, or other improvements required in compliance with Chapter 16.108 (Improvements) have not been completed before the presentation of the final map,
an agreement in compliance with Section 16.108.150 (Improvement Agreement) shall be filed for the required improvement(s). The subdivider shall secure the performance of the agreement in compliance with Section 16.108.160 (improvement Security). The agreement shall be in a form acceptable to the city attorney and approved by the city engineer;
K. Liability Agreement and Insurance.
1. Hold-harmless Agreement. A hold-harmless agreement obligating the subdivider to hold the city and its officers, agents, and employees harmless from any liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider and/or the subdivider's subcontractors, in connection with the subdivision, shall be submitted.
2. Certificate of Insurance. A certificate of insurance reporting to the city the amount of insurance the subdivider carries for the subdivider's own liability for damages or claims for damages for personal injury or death which arise from the operations of the subdivider or designated subcontractors in connection with the subdivision shall be submitted.
3. City as Additional Insured. The certificate of insurance shall name the city as an additional insured.
4. City Attorney Approval. The agreement and certificate required by this subsection shall be subject to prior
review and approval by the city attorney.
L. Environmental Constraint Sheet. A duplicate of the final map on which are shown the environmental constraint notes. This sheet shall be filed simultaneously with the final map. and labeled "ENVIRONMENTAL CONSTRAINT SHEET" in the top margin. Applicable items shall be shown under a heading labeled "Environmental Constraint Notes." The environmental constraint sheet shall contain the following statement:
The environmental constraint information shown on this sheet is for informational purposes describing conditions as of the date of filing. and is not intended to affect record title interest. This information is derived from public records or reports. and does not imply the correctness or sufficiency of those records or reports by the preparer of this map sheet.
M. Additional Information. Additional data, reports. or information required by the city, in compliance with state law (Government Code Section 66434.2).
(Ord. 542 § 3, 2019; Ord. 182 § 2 (part), 1997)
16.98.080 Review and Determination by City Engineer. ¶
A. Review by City Engineer. The city engineer shall review the final map and any other required information and the subdivider shall make corrections and/or additions until acceptable to the city engineer.
B. Resubmittal. The subdivider shall submit to the city engineer the original tracing of the map and any duplicates in compliance with city requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing.
C. City Engineer's Signature. Upon receipt of all required certificates and submittals, and if found to be technically correct and in conformance with the approved tentative map and this development code, the city engineer shall sign the appropriate certificates and transmit the original map to the city clerk.
D. Dedications Outside Subdivision. The city may accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded with the county recorder. The city engineer is authorized to accept dedications, or offers of dedication, or to reject the offers on behalf of the city. (Ord. 182 § 2 (part), 1997)
16.98.090 City Engineer’s Action. ¶
No final map shall be filed in the Office of the County Recorder until approved by the city engineer. Upon receipt of a final map, the city engineer shall:
A. Notify the council, at its next regular meeting after receiving the map, that the map is being reviewed for approval.
- B. Cause the city clerk to post the notice of any pending approval by the city engineer, and include it on the council's regular agenda. The city clerk will also notify any interested parties who request notice.
C. Approve or disapprove the final map within ten (10) days following the meeting of the council at which notice of the pending approval was given. Approvals or disapprovals of final maps by the city engineer may be appealed to the council within ten (10) days of the city engineer's decision. The council shall periodically review the delegation of authority to approve final maps.
D. Execution of the Agreement. If the subdivision improvement agreement and final map are approved by the city engineer, the city engineer shall execute the agreement on behalf of the city. At the time the city engineer approves the final map, he/she shall also accept, accept subject to improvement, or reject any offer(s) of dedication. The city clerk shall certify, on the final map, the action by the city engineer.
E. Offer of Dedication. If at the time the final map is approved, any alleys, paths, public utility easements, rightsof-way for local transit facilities, streets or storm drainage easements are not accepted by the city engineer, the offer of dedication shall remain open and the city engineer may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the alleys, paths, rights-of-way for local transit facilities, streets or storm drainage easements, which acceptance shall be recorded with the county recorder.
F. Unacceptable Submittal(s). If the subdivision improvement agreement and/or final map is unacceptable, the city engineer shall state the recommended corrections, draft a new agreement and/or re-vise the final map and defer approval until an acceptable agreement and/or final map has been resubmitted by the subdivider.
G. Off-site Improvements.
- Whenever a subdivider is required, as a condition of a tentative parcel map, to constructor install off-site improvements on property which neither the subdivider nor the city owns, then no later than sixty (60) days before tiling the parcel map for approval the subdivider shall provide the city with sufficient information, reports and data, including an appraisal and title report, to enable the city to commence proceedings in compliance with state law (Title 7 of Part 3 of the Code of Civil Procedure) to acquire an interest in the land which will allow the improvements to be made, including proceedings for immediate possession of the property in compliance with state law (Title 7, Article 3 of the Code of Civil Procedure).
and data, including an appraisal and title report, to enable the city to commence proceedings in compliance with state law (Title 7 of Part 3 of the Code of Civil Procedure) to acquire an interest in the land which will allow the improvements to be made, including proceedings for immediate possession of the property in compliance with state law (Title 7, Article 3 of the Code of Civil Procedure).
- The subdivider shall agree in compliance with Section 16.108.150 to complete the improvements at the time the city has a sufficient interest in the property to allow the construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests and the estimated costs shall be secured in compliance with Section 16.108.160.
H. Tentative Map Compliance. The city engineer shall not disapprove the final map if the city has previously approved a tentative map for the proposed subdivision and if the city engineer finds that the final map is in compliance with the requirements of the subdivision map act, this article, the municipal code, and the tentative map and all required conditions.
I. Condominium Conversions. A final map for a subdivision created from the conversion of residential property to condominiums shall not be approved unless the city engineer finds that each tenant has been given one hundred twenty (120) days notice and has also been notified of the right to acquire the unit in compliance with Section 16.100.060 (Relocation).
J. Condominium Projects. Condominium and similar projects shall be approved only upon the findings required by state law (Government Code Section 66427.1).
- (Ord. 542 § 4, 2019; Ord. 182 § 2 (part), 1997)
16.98.100 Recordation. ¶
A. City Clerk. Upon approval of the final map by the city engineer, the city clerk shall execute the appropriate certificate on the certificate sheet and shall, in compliance with state law (Government Code Section 66464), transmit the map, or have an authorized agent forward the map, to the county recorder.
B. County Recorder. A map shall not have any force or effect until it has been approved by the city engineer, and title to any property described in any offer of dedication shall not pass until the map has been recorded with the county recorder.
(Ord. 542 § 5, 2019; Ord. 182 § 2 (part), 1997)
16.100 Condominium Conversions ¶
16.100.010 Purpose. ¶
The purpose of this chapter is to outline the procedures for the conversion of existing residential dwelling units to condominium units in compliance with the subdivision map act and the following housing element policies of the general plan:
- A. Promote opportunities for home ownership for all income groups, including lower income renters and newly formed households; and
B. Allow condominium conversions in circumstances that would increase ownership opportunities for middleincome people when the developer, lit the request of a tenant, finds comparable rental housing within the city before displacing the existing tenants.
(Ord. 182 § 2 (part). 1997)
16.100.020 Compliance with Requirements. ¶
The conversion of existing residential dwelling units to condominium units is only allowed when the conversion meets the following requirements:
A. Zoning Provisions. The applicable zoning district provisions;
B. Development Code Provisions/Standards. The provisions of this chapter and the standards identified in
Section 16.44.060 (Condominium Conversion Standards):
C. State Codes. All current local and State Structural, Safety. and Utility Codes:
D. Design Review. Design review standards and guidelines, if exterior modifications are required;
E. Relocation Plans. Notice and relocation assistance plans approved by the commission during a public hearing;
F. Pest Report. A structural pest report, prepared by a licensed operator; and
G. Finding. A finding that specifies that the conversion does not significantly reduce rental units available in the price range below the median price range of apartments in the city or does not significantly reduce units which provide accommodations to disabled or transient persons.
- (Ord. 182 § 2 (part), 1997)
16.100.030 Other Conversions. ¶
The conversion of residential structures that cannot meet the requirements of Section 16.100.020 (Compliance with Requirements), above may be allowed by the commission only if all of the following findings of fact can be made in a positive manner:
- A. The structure was constructed before the effective date of this chapter;
B. The building official has certified that there are no violations of codes or statutes applicable to the structures involved in the conversion. Codes or statutes shall be applicable if they were in effect at the time of construction or alteration of structures involved or are, in the opinion of the building official, health and safety provisions applicable to existing structures;
C. The subdivider has submitted a plan showing all feasible means for making structures, grounds and utilities conform to current codes and statutes and agrees, in writing, supported by a performance bond, to be submitted before recordation, to implement the plan as a condition of approval. The plan shall include a report from a registered
engineer detailing the present condition of the structure(s) and the expected useful life of all common structural and mechanical components of the conversion. The plan shall also include the structural pest report of a licensed operator; D. The subdivider has (or would before the issuance of an occupancy permit) provided sufficient amenities to persons purchasing the converted property. The commission may consider, in making this determination, the level of sound attenuation of structures, the probable life of structures, the availability of on- and off-site parking and open space, the availability of storage and other facilities, laundry space and the condition of the utilities;
E. The subdivider has submitted a plan for tenant relocation assistance. The plan shall include a program for paying moving expenses and deposits as well as assisting tenants in obtaining new housing if they are unable to purchase a unit in the project. The plan shall give particular attention to the needs of elderly, disabled, households with minor children, and households of low- and moderate-income. The plan may include assistance (e.g., extended or lifetime leases) and purchase assistance (e.g.. tenant discounts), and special loan programs. Assistance to tenants of low- and moderate-income may include subsidized rents in other structures and assistance in qualitYing for government housing programs (e.g., Section 8). The commission shall not accept the tenant relocation assistance program unless the subdivider has demonstrated. to the satisfaction of the commission. that all tenants can obtain affordable housing either through purchase of a unit, available rentals in the vicinity. or an extended lease program;
F. Notice and relocation assistance requirements shall be satisfied by the subdivider;
G. The subdivider would submit lease forms and a final tenant assistance plan. including all conditions attached to the conversion and tentative map approval, before approval of the final map. A copy of the plan shall be given to each tenant household before the final map is approved; and
H. The subdivider has submitted a plan describing the proposed energy saving improvements that shall be installed before the issuance of an occupancy permit. The plan shall include the insulation of ceilings, ducts, exterior walls, floors and water heaters, and the installation of energy saving appliances, solar heated pools, and pool covers. (Ord. 182 § 2 (part), 1997)
16.100.040 Applications. ¶
An application for a conversion of existing residential dwelling units to condominium units shall contain the following information to the satisfaction of the director:
A. Verification. A verification that the conversion satisfies the requirements of Section 16.100.020 (Compliance With Requirements) or is capable of satisfying the requirements of Section 16.100.030 (Other Conversions):
B. Supporting Documents. Documents factually supporting the verification not already on file with the city and a list of documents on file with the city which support the verification;
C. Rental Schedule. A rental schedule of units over the last three years including the vacancy factor;
D. Tenant Information. Names and addresses of current tenants, length of tenancy, number and ages of occupants, size of unit, income of tenants by category (below eighty (80) percent; between eighty (80) percent and one hundred twenty (120) percent: and above one hundred twenty (120) percent of median income in the Riverside/San Bernardino standard metropolitan statistical area) and whether disabled or not, on a form acceptable to the director. To ensure privacy of tenants, the names and addresses shall be separate from other data with numerical cross referencing:
E. C, C, & R's. A copy of the proposed C, C, & R's. proposed homeowners' association fees, proposed sales price range of units, and comparative analysis of rental costs for prior years to costs of purchase and fees;
F. Parking. Where current parking requirements are not met, the number of vehicles owned by all tenants; and
G. Other Information. Other information requested by the director which is needed to determine whether the project is consistent with the requirements of this chapter.
(Ord. 182 § 2 (part), 1997)
16.100.050 Procedure. ¶
A. Tenant Notification. Before submitting an application fora condominium conversion the subdivider shall notify all tenants of the intent to convert to a condominium and provide each tenant with a copy of the pro-posed tenant relocation assistance plan. Tenant's rent shall not be increased from the date of this notice until six months following the approval of the final map, or the tenant purchases a unit or relocates to other accommodations, whichever first occurs;
B. Application. An application for a condominium conversion shall be on a form prescribed by the director and shall be filed with the department in compliance with Chapter 16.48 (Application Filing, Processing, and Fees); C. City Review. The applicable city departments shall review the application to determine conformity with this chapter and report their findings to the director;
D. Notice of Hearing. The application shall be scheduled for a public hearing in compliance with Section
16.100.060 (Relocation), below, and all tenants shall be given notice by mail thirty (30) days before the hearing; and
E. Council's Action. Conversions shall be approved or disapproved by the council during a hearing held within a reasonable period of time after all city departments report to the director and the building official has filed the certification in compliance with Section 16.100.030.B., above.
(Ord. 182 § 2 (part), 1997)
16.100.060 Relocation. ¶
A subdivider proposing to convert structures in compliance with this chapter shall first:
A. One Hundred Twenty- (120-) day Notice. Give written notice of intention to convert to tenants one hundred twenty (120) days before they are required to relocate;
B. Right of First Refusal. Offer all tenants not in arrears of rental or leasehold payments, a nontransferable right of first refusal to purchase their unit for ninety (90) days duration after receipt of a public report from the real estate commission;
C. Notify Tenants. Notify all tenants occupying units subsequent to the notices given in compliance with subsection A., above of the intent to convert, or the approval to convert, before the tenant consents to a lease or rental agreement; and
D. Apartment Availability. Provide tenants not wishing to purchase with information on available apartments of comparable size, price, and location within the city.
(Ord. 182 § 2 (part), 1997)
16.100.070 Expiration. ¶
All approvals shall expire and become void if a final subdivision map is not filed within two years after tentative map approval, unless an extension of time is approved in compliance with Section 16.94.100 (Extensions). (Ord. 182 § 2 (part), 1997)
16.100.080 Costs. ¶
The subdivider shall pay all costs of inspections and engineering reports prepared by appropriate city departments. (Ord. 182 § 2 (part), 1997)
16.100.090 Occupancy Permit. ¶
Converted units shall not be occupied until an occupancy permit has been issued by the building official, in compliance with this chapter, and the uniform building code.
(Ord. 182 § 2 (part), 1997)
16.100.100 Final Information. ¶
Each calendar quarter following approval of the final map for a period of two years, the subdivider shall provide the following information to the department:
- A. Tenant Information. Name, address, phone number, and current fees for the homeowners' association; and
B. Status Report. Status report on all units including sales price, financing available, number of units occupied by previous tenants, either as renters or buyers, number of units which are owner occupied, number of units which were purchased with intent to be used as rentals, number of occupants previously residing in the city, number of buyers who were formerly renters, and new addresses of tenants who do not remain in the project.
(Ord. 182 § 2 (part), 1997)
16.102 Lot Line Adjustments ¶
16.102.010 Purpose. ¶
The purpose of this chapter is to specify the content, form and review procedures required for the approval of lot line adjustments, in compliance with state law (Government Code Section 66412 [d]).
(Ord. 182 § 2 (part), 1997)
16.102.020 Applicability. ¶
An adjustment may be filed in compliance with the provisions of this chapter to adjust the lot lines between four or fewer adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not created. The city engineer shall approve a lot line adjustment after receiving a recommendation from the community development department and upon determining that the proposed adjustment does not:
A. Additional Parcels. Create additional parcels;
B. Not Legal. Include parcels which are not legal, as defined in this development code;
C. Access. Impair existing access or easements or create a need for new access or easements to adjacent parcels,
and street improvements or other subdivision improvements are not required;
D. Minimum Standards. Result in either one of the parcels failing to meet the minimum standards of this
development code;
E. Public Improvements. Require substantial alteration of existing public improvements or create a need for new public improvements; or
F. Covenant of Improvement. Adjust the lot line between adjacent parcels for which a covenant of improvement requirements has been recorded and all required improvements have not been completed, unless the di-rector determines that the proposed lot line adjustment would not significantly affect the covenant of improvement requirements.
- (Ord. 337 §§ 14, 15, 2005; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.102.030 Nonconforming Parcels. ¶
If an existing parcel(s) is presently nonconforming with any provision of this development code, a lot line adjustment may be allowed, if the director determines that granting the adjustment would not increase the nonconformity, in compliance with Chapter 16.32 (Nonconforming Uses, Structures, and Parcels). (Ord. 182 § 2 (part), 1997)
16.102.040 Procedure. ¶
The procedure for filing a lot line adjustment shall be as follows:
A . Application. An application shall be filed in compliance with Chapter 16.86. (Application Filing, Processing, and Fees);
B. Lot line Adjustment Map. The lot line adjustment map shall be clearly and legibly drawn and shall contain all of the information identified in the Department's submittal requirements for lot line adjustments, in effect at the time the application is filed:
C. Drawings Maintained by the Department. The original drawings or reproducible copies of deed record drawings shall be maintained by the city engineer;
D. Recordation of Deed. The deed describing the adjustment/transfer shall be recorded with the county re-corder; and
E. Fee required. A fee in compliance with the council's fee resolution shall be paid at the time of filing the lot line adjustment map with the department.
(Ord. 182 § 2 (part), 1997)
16.102.050 Map and Survey Not Required. ¶
A. Map Not Required. A tentative, parcel, or final map shall not be required as a condition to an approved lot line adjustment.
B. Record of Survey Not Required. A record of survey shall not be required as a condition to an approved lot line adjustment. unless specifically required by state law (Business and Professions Code, Section 8762).
(Ord. 182 § 2 (part), 1997)
16.104 Mergers, Unmergers, and Reversions ¶
16.104.010 Purpose. ¶
The purpose of this chapter is to specify the content, form and review procedures required for the approval of the following:
A. Owner Initiated Mergers. A property owner's application to allow the merger of parcels without the necessity
of processing a parcel map (Government Code Section 66499.20 3/4);
B. City Initiated Mergers. A city-initiated merger, in compliance with state law (Government Code Section
66451.11); and
C. Unmergers and reversions. Unmergers and reversions to acreage, in compliance with the subdivision map act.
(Ord. 337 § 16, 2005; Ord. 182 § 2 (part), 1997)
16.104.020 Merger Without Final Map. ¶
A. Application by Property Owner.
Upon application by the owner, on a form approved by the city engineer and upon payment of applicable fees, contiguous parcels under the same ownership may be merged without filing a map for reversion to acreage. The form and content of the application and the required information, data, and other details shall be established by the department.
The city engineer shall have the authority to approve a merger, and a final map shall not required provided the merger does not involve the following:
a. Streets or other easements to be vacated;
b. Release of previously posted agreements or securities for improvements;
c. Release of previously paid fees or deposits made as a result of the division of the parcels to be merged;
and/or
- d. More than four parcels.
- After approving a merger, the city engineer shall cause the preparation of an appropriate instrument which clearly describes the parcels to be merged. The instrument shall be executed by the subject owner and the city engineer, and shall be recorded with the county recorder, at the cost of the owner.
B. Initiated by City.
1. Parcels Deemed Merged. Two or more contiguous parcels which have been created under the provisions of the subdivision map act or any prior law regulating the division of land, or which were not subject to the provisions at the time of their creation. may be deemed merged by the city if all of the following conditions apply:
a. Any one of the contiguous parcels does not conform to standards for minimum parcel size, pre-venting its use or development in compliance with this development code;
b. Any one of the contiguous parcels has other development deficiencies or constraints (e.g., access limitations, etc.):
c. At least one of the contiguous parcels is not developed with a legally established structure for which a permit has been issued by the city; and
- d. The contiguous parcels to be deemed merged are under the same ownership.
2. Instrument or Notice of Merger. Whenever the city considers that contiguous parcels have merged in
compliance with this chapter, the city engineer shall cause the preparation of an appropriate instrument which clearly
describes the real property deemed merged. specifying the record owner of the property, as listed on the current tax assessor's rolls. The instrument, or notice of merger, shall be filed with the county recorder, provided that at least thirty (30) days before the recording of the notice, the owner of the parcels to be affected by the merger is advised of the intention to record the notice, in compliance with the procedures specified by state law (Government Code Section 66451.11 et seq.).
(Ord. 337 § 17, 2005; Ord. 182 § 2 (part), 1997)
16.104.030 Parcels not Deemed Merged. ¶
Parcels merged before January 1, 1984. for which a notice of merger had not been recorded on or before January 1, 1986, shall not be deemed to have merged, in compliance with state law (Government Code Section 66451.19). (Ord. 182 § 2 (part). 1997)
16.104.040 Reversion to Acreage. ¶
A. Reversions. Subdivided real property may be reverted to acreage. in compliance with state law (Government Code Section 66499.11 et seq.), and this article. This article shall apply to final and parcel maps.
B. Resubdivision without Reversion. Subdivided lands may be merged and resubdivided without reverting to acreage, in compliance with state law (Government Code Section 66499.202).
C. Application. An application for reversion to acreage. including a map titled "Reversion to Acreage" shall be filed with the department, and reviewed by the city engineer.
D. Public Hearing. A noticed public hearing shall be conducted by the council on all proposed reversions to acreage. Notice of the hearing shall be in compliance with Chapter 16.76 (Public Hearings).
E. Council's Action. The council may approve an application for reversion to acreage only after making all of the mandatory findings outlined in state law (Government Code Section 66499.16), with or without conditions. in compliance with Section 66499.17.
(Ord. 182 § 2 (part), 1997)
16.106 Dedications, Reservations, and Development Fees ¶
16.106.010 Purpose. ¶
The purpose of this chapter is to outline procedures for complying with the city's requirements for dedications, reservations, and development fees necessitated by the approval of subdivision projects, in compliance with the subdivision map act Chapter 16.36 (Public Facilities/infrastructure Mitigation) and this article. (Ord. 182 § 2 (part), 1997)
16.106.020 Dedication of Streets, Alleys, and Other Public Rights-of-Way or Easements. ¶
The subdivider, as a condition of approval of a tentative map, shall dedicate, or make an irrevocable offer of dedication of, all parcels of land within the subdivision that are needed for streets, alleys, and access rights (e.g., scenic easements, trails, etc.). drainage, flood control, and other public utilities, in compliance with state law (Government Code Section 66475). In addition, the subdivider shall improve, or agree to improve, all of the required dedications and easements.
If off-site improvements are necessary, the provisions of Chapter 16.98 (Final and Parcel Maps) shall apply. (Ord. 182 § 2 (part), 1997)
16.106.030 Dedications. ¶
A. Access and Streets.
The subdivider shall offer to dedicate rights-of-way for streets within the subdivision in compliance with city standards.
A final map shall not be approved unless the street(s) providing primary access to the subdivision are dedicated to and maintained by the city, county, or state and the street(s) meets city standards for right-of-way width.
Streets which are proposed on the boundaries of a subdivision shall have a dedicated width of not less than forty-five (45) feet together with a strip of land one foot wide on its outer edge which shall be offered to the city for street purposes and over which access rights are relinquished.
All streets proposed to be terminated at the subdivision boundary' shall include a strip of land one foot wide across the street at its point of termination at the boundary which shall be portions of the adjacent parcels, offered for street purposes and over which access rights are relinquished.
Where required, a dedication. or offer of dedication. of a street shall include a waiver of direct access rights to the street from any property shown on a final map as abutting thereon. The waiver shall be-come effective only when the dedication is accepted.
Where it is necessary to extend a street beyond the boundaries of a subdivision to provide adequate circulation for residents of the subdivision, the subdivider shall cause the required easements to be dedicated to the city and shall improve the easements in compliance with city standards.
B. Bicycle Paths. The subdivider shall offer to dedicate, in compliance with city standards, the necessary rightsof-
way for bicycle routes under the following circumstances:
When routes, as shown on the general plan, pass through or abut the subdivision; or
When a subdivider is required to dedicate rights-of-way for streets in a subdivision containing two hundred
(200) or more parcels and the route is necessary and feasible for the use and safety of the residents.
C. Drainage Facilities.
Where a drainage facility or flood control facility is necessary for the use of parcel owners or for the protection of parcels, adequate rights-of-way for the drainage facilities or flood control facilities shall be offered for dedication to the city or to other public entities as the council designates, and shall be shown on the final map.
Where it is necessary to extend a drainage facility or flood-control facility beyond the boundaries of the subdivision for adequate drainage or flood-control needs, the required rights-of-way shall be offered for dedication.
Drainage facilities and flood-control facilities within and outside of the subdivision shall be provided to carry storm run-off, both tributary to and originating within the subdivision.
D. Local Transit Facilities. The subdivider, as a condition of approval of a tentative map, may be required to dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit-oriented facilities (e.g., bus turn-outs, shelters. etc.), in compliance with state law (Government Code Section 66475.2).
E. Parks and Recreation Facilities.
1. General. The purpose of this section is to provide additional park and recreational facilities and open space in the city. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section shall be in compliance with the policies. goals. and standards of the general plan and the parks master plan.
2. Requirements. The subdivider, as a condition of approval of a tentative map, shall dedicate land, pay a fee inlieu, or both, at the discretion of the council, for park and/or recreational purposes, in compliance with state law (Government Code Section 66477). The specific condition(s) requiring dedication and/or payment of fee(s) shall state the time at which the subdivider shall transfer title and/or pay the applicable fee(s).
3. Park Area Standard. Five acres of land for each one thousand (1,000) persons residing within the city shall be devoted to park and recreational purposes, in compliance with the conservation and open space element of the general plan. Lands held as public open space, for wildlife habitat, shall not be included in this formula.
4. Formula and Standards for Park Land Dedication. In determining the amount of land to be dedicated or fees in-lieu, the average number of persons in each household by unit type, shall be determined from the most recent available Federal Census data. All lands to be dedicated for park and/or recreational purposes shall be found suitable by the council for park use (e.g., location, size, topography, environmental characteristics, etc.).
5. General Plan.
a. Where a public park or recreational facility has been designated in the general plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the needs of the residents of that subdivision, the subdivider shall dedicate land for park and recreational facilities sufficient in size and physical characteristics to meet that purpose. The amount of land shall be determined in compliance with Section 16.1 06.030(E)(3) (Park Area Standard) above.
b. If there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of that subdivision, the sub-divider shall, in compliance with the council's determination, dedicate land or pay a fee in-lieu of dedication in compliance with Section 16.106.030(E)(6) (Determination of Land or Fee) below.
6. Determination of Land or Fee. The council shall consider the following when evaluating the acceptance of
land for dedication or payment in-lieu, or a combination of both:
a. Other applicable provisions of the general plan;
b. Access, geology, location, and topography of land in the subdivision suitable for dedication:
c. Size and shape of the subdivision and land suitable for dedication;
d. Feasibility of dedication; and
e. Availability of previously acquired private property.
7. In-lieu Fees. If the proposed subdivision contains fifty (50) parcels or less, the subdivider may pay a fee equal
to the land value of that portion of the park or recreational facilities required to serve the needs of the residents of the
proposed subdivision, in compliance with Section 16.106.030.E.6., above, in-lieu of land dedication.
8. Commitment of Funds. The money collected for the purpose of acquiring. developing new, or rehabilitating existing park or recreational facilities related to serving the residents of the subdivision shall be committed in compliance with state law (Government Code Section 66477 [f]), within five years after payment of the fee or the issuance of building permits on one-half of the parcels created by the subdivision, whichever occurs later.
F. Reservations. The subdivider, as a condition of approval of a tentative map, may be required to reserve areas of real property for fire stations, libraries, parks. recreational facilities, or other public uses, in compliance with state law (Government Code Sections 66479 and 66480).
G. School Site Reservations. The subdivider, as a condition of approval of a tentative map, may be required to dedicate real property for the construction of an elementary school to ensure the residents of the subdivision adequate public school service. The dedication and subsequent repayment to the subdivider shall be in compliance with state law (Government Code Section 66478).
H. Solar Access Easements. The subdivider, as a condition of approval of a tentative map, may be required to dedicate easements for the purpose of ensuring that each parcel or unit in the subdivision may have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, as defined by state law (Civil Code Section 801.5), in compliance with state law (Government Code Section 66475.3). At the time of tentative map approval; the commission may impose conditions which specify the following:
1. Standards. Standards for determining the exact dimensions and locations of the easements;
2. Restrictions. Restrictions on structures, vegetation, and other objects which would obstruct the passage of
sunlight through the easement; and
3. Terms or conditions. Terms or conditions under which an easement may be revised or terminated.
(Ord. 182 § 2 (part), 1997)
16.106.040 Supplemental Improvements. ¶
The subdivider, as a condition of approval of a tentative map, may be required to install improvements of a supplemental capacity, length, number or size for the benefit of property not within the subdivision and that the improvements be dedicated to the public, in compliance with state law (Government Code Section 66485). The city, when imposing this section, shall agree to reimburse the subdivider for oversizing, in compliance with state law (Government Code Sections 66486 and 66487).
(Ord. 182 § 2 (part), 1997)
16.108 Improvements ¶
16.108.010 Purpose. ¶
The purpose of this chapter is to outline the requirements for implementing the improvements necessitated by the approval of a subdivision project(s), in compliance with state law (Government Code Sections 66411.1 and 66462.5). The subdivider, as a condition of approval of a final or parcel map, shall improve, or agree and guarantee to improve, all land either within or outside the subdivision to be used for public or private alleys, easements, pedestrian ways, streets, or other improvements, in compliance with the final or parcel map and this article. (Ord. 182 § 2 (part), 1997)
16.108.020 Design of Improvements. ¶
The design and layout of all required improvements. both on- and off-site, public and private, shall conform to generally accepted engineering standards, the subdivision map act, and applicable provisions of this development code.
(Ord. 182 § 2 (part), 1997)
16.108.030 Improvement Standards. ¶
The subdivider, as a condition of approval of a tentative map, shall provide and install all required streets and related improvements necessitated by the approval of the subdivision project(s), either within or outside the subdivision, in compliance with the circulation element of the general plan.
(Ord. 182 § 2 (part), 1997)
16.108.040 Required Improvements. ¶
A. Compliance. Completion of improvements outlined within this chapter shall be in compliance with any agreement or conditions of approval entered into by the subdivider and the city as well as plans and standard specifications applicable at the time of issuance of grading or building permits.
B. Remainder Parcel. If improvements are required for a designated remainder parcel, the fulfillment of the requirements by the construction of improvements shall not be required until a building or grading permit for development of the parcel is issued by the city or until the construction of the improvements is required in compliance with an agreement between the subdivider and the city.
C. Orderly Development. In the absence of an agreement, the council may require fulfillment of some or all of the construction requirements within a reasonable time following approval of the final map and before the issuance of a building or grading permit for the development of a remainder parcel upon a finding that fulfillment of the
construction requirements is necessary for reasons of public health and safety or that the construction is a necessary prerequisite to the orderly development of the surrounding area.
D. Required Improvements. The council shall require, before a final map is approved by operation of law. the following:
1. Access, Bicycle Routes and Streets.
a. The subdivider shall grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets or easements, bicycle routes, and all private streets and private easements laid out on a final map or parcel
map in the manner and with the improvements necessary for the use of the parcel owners in the subdivision and local neighborhood traffic and drainage needs, in compliance with city standards.
b. The subdivider shall provide all necessary easements and rights-of-way to accommodate all streets, drainage, flood-control structures and facilities, public utilities, and sewer systems extending beyond the boundaries of the subdivision.
- c. The subdivider shall pave all streets in compliance with city standards.
d. Surfacing shall not be required on any street, if the council rejects the offer of dedication of streets delineated on the map in compliance with state law (Subdivision Map Act Section 66477.1). Sur-facing shall not be required on any private street laid out on any parcel map where each parcel shown on the map contains a gross area of twenty (20) acres or more. These provisions shall not be construed as relieving the subdivider of the following:
- Grading the rejected streets to grades and widths required by city standards;
- Installing all drainage structures and facilities required by the city engineer, which shall con-form to city standards; and
- Installing water-supply pipelines. fire hydrants. and connections as may be required by the city engineer and fire chief, which shall conform to city standards.
2. Cable Television Service. The design of a subdivision shall provide 1 or more appropriate cable television
systems an opportunity to construct, install, and maintain any necessary equipment, in compliance with state law (Government Code Section 66473.3). This section is not intended to require free access to a subdivision, but to allow a cable franchise the opportunity to negotiate to provide the service.
3. Drainage Facilities.
a. The subdivider shall install or agree to install all drainage and flood-control structures and facilities required by the city engineer, which shall conform to city standards, or the standards of other appropriate agencies as the city engineer adopts.
- b. Where the city has adopted a flood-control element or drainage element of the general plan, any improvements shall conform to the applicable element wherever possible.
c. Drainage across interior property lines shall not be allowed except in special circumstances approved by the city engineer, after establishment of approved easements.
4. Fire Hydrants. The subdivider shall provide and install or agree to install fire alarm systems, fire hydrants,
and connections, either within and/or outside of the subdivision, in compliance with the requirements of the fire code.
5. High Fire Hazard Areas. Subdivision projects located in a high fire hazard areas shall require special fire
mitigation measures consistent with fire code requirements.
6. Sanitary Sewers. The subdivider shall provide and install or agree to install adequate sanitary sewer facilities,
either within or outside of the subdivision, in compliance with the requirements of the applicable water district.
7. Septic Systems. An individual subsurface disposal system may be utilized on parcels greater than one-half acre in size provided that the subdivider has obtained proper clearance from the city engineer and meets the County Health Department and Regional Water Quality Control Board standards and requirements.
8. Street Lights. The subdivider shall construct, or cause to be constructed at the subdivider's cost, a street lighting system in compliance with city standards unless it is determined that street lights will compromise the character and rural nature of the area, except that street lights may be required at certain inter-sections for traffic safety purposes.
9. Street Names. Street names shall be in compliance with the council's street naming policy, subject to the
approval of the city engineer.
10. Street Trees.
a. The subdivider may be required to provide, install, and maintain approved street trees within the street rightof-way, dedicated planting easement, or within a combination of both.
b. The subdivider shall deposit funds, in the amount and manner established by the council, for all street trees not installed at the time of the city's acceptance of the public improvements.
11. Traffic Devices. The subdivider shall provide and install or agree to install traffic control, regulatory, warning and guide devices, and traffic signals, either within and/or outside of the subdivision, in compliance with the requirements of the city engineer;
12. Undergrounding Utilities. The subdivider shall provide for the undergrounding of all existing and proposed utility distribution or transmission facilities (e.g., cable television, electric, and telephone), within the subdivision boundaries and along peripheral streets, except for the following:
a. Concealed ducts, meter cabinets, pedestals, sectionalizing device cabinets, terminal cabinets, trans-formers, and other appurtenant facilities. Placement of these facilities is subject to the approval of the city engineer as to type and location;
b. The subdivider shall execute and record a covenant running with the land not to oppose a local improvement district for underground placement of utilities, where it is determined by the city engineer that it is not practicable to place the existing facilities underground within any single half-street section due to the existence of overhead utility services to properties on the opposite side of the half-street section. In developments where overhead utility distribution facilities are allowed to remain, all new services to existing parcels and parcels created in compliance with this development code shall be in-stalled underground from the nearest utility pole;
c. Poles or posts which support fire alarm devices, street lighting systems, or traffic control signal apparatus;
d. Power transmission lines having a capacity of thirty-three (33) kv or greater and long-distance and trunk communication facilities;
e. Severe soil or topographic constraints render installation costs prohibitive; and
f. The installation of cable television lines may be waived when, in the opinion of the council, no franchise cable television operator is found to be willing and able to install cable television lines in the subdivision. However, the installation of cable television conduits shall still be required. The subdivider shall be responsible for the associated costs and arrangements with each public utility.
g. If the proposed subdivision is located in the rural residential zone, the subdivider can request a waiver of the under-grounding of all existing utility distribution or transmission facilities from the planning commission at the time the tentative map is being considered where under-grounding is not practical because of cost or other factors.
13. Walls. The subdivider may be required to provide a wall adequate to prevent access between the subject subdivision and adjacent properties for each parcel located on the exterior boundary of the subdivision. The design of the wall shall be subject to the approval of the director and in compliance with Chapter 16.22 (Fences, Hedges, and Walls).
14. Water Areas.
a. Water areas within the proposed subdivision shall be reviewed by the commission as to proper de-sign and improvement, form and dimensions, and relationship to street and parcel design and pro-posed and existing land uses in the proposed subdivision and adjoining areas.
b. Improvement plans for water areas shall include the following, which shall be subject to county health department and city engineer approval:
Scaled plan(s) of the water areas, indicating proposed depths of water, normal water levels, slopes and types of bank retention, and the dimensions, grades, locations, and types of water conduits;
Data regarding storm drainage area and runoff volumes under normal and extreme conditions, water area capacity for storm drainage storage, details of water level controls and pumping, and methods of flushing and filling
the water areas;
- Data regarding water quality, methods of controlling insects, water growth, and vegetation;
- Proposed method of maintenance and operation of water areas, including control points and other features and methods of access;
- Proposed restrictions and covenants governing the use of the water areas; and
- Proposed easements of rights-of-way to be dedicated for storm drainage or other public purposes.
15. Water Systems.
a. The subdivider shall install or agree to install all required water systems necessary to serve the sub-division unless the property is located in the rural residential zone and this requirement is waived by the city. If this
requirement is recommended to be waived, the subdivider shall provide a statement from the water district that additional wells will not affect the availability of groundwater in the area and that adequate fire flow is available to meet fire department requirements; and
b. The subdivider shall ensure that:
- The subdivision will be connected to a domestic water system approved by the city;
- All water mains shall be of a material(s) that complies with the requirements of the water company or agency serving the subdivision; and
- All water lines, appurtenances, and service connections shall be constructed or laid before paving, or that provisions have been made to ensure the construction.
16. Wells.
a. The subdivider shall abandon all water wells in a manner approved by the city engineer and the State Department of Water Resources.
b. The location of any well(s) shall be delineated on the final or parcel map, and well logs, if available, shall be submitted to the Department.
- c. In the event that a new well is constructed, it shall meet all applicable city, county, and state standards and requirements.
17. Monument and Landscaping Lots.
a. Entry to residential subdivisions from General Plan secondary or larger roads shall be designed with monument lots on both sides of the entry street. This monument lot shall have a minimum twelve (12) foot depth, measured from the street right-of-way. The lot shall be landscaped and have a distinctive entry statement in the form of a monument sign or wall. Additional landscaped area for the monument lot may be required for larger subdivisions. b. Landscaping along secondary or larger roads for residential subdivisions shall provide an increase landscaped area in the parkway as shown on Table 5.12. Landscaped lots along the parkway shall be designated a lettered lot per Section 16.98.060.G.2 and maintained by a property owners association or other legal entity for maintenance in perpetuity. Lots shall have a minimum depth of ten (10) feet and may be part of the monument lot. Meandering sidewalks and enhanced landscaping shall be encouraged for secondary and major roads, and required for arterial or larger roads.
TABLE 5.12
REQUIRED RESIDENTIAL PARKWAYS
| Street Type | ROW(1) | Curb to Curb |
Median Width |
Minimum Parkway Width per Side |
Landscaping(2) | Sidewalk(3) |
|---|---|---|---|---|---|---|
| Collector | 66 | 44 | N/A | 11 | 5 | 6 |
| Secondary | 96 | 64 | 10 (Painted) | 16 | 10 | 6(4) |
| --- | --- | --- | --- | --- | --- | --- |
| Major (A) | 112 | 76 | 14 (Raised) | 18 | 12 | 6(4) |
| Major (B) | 112 | 76 | 14 (Painted) | 18 | 12 | 6(4) |
| Arterial | 122 | 86 | 10 (Raised) | 18 | 12 | 6(5) |
| Urban Arterial | 152 | 110 | 24(Raised) | 21 | 15 | 6(5) |
| Multi-modal | 152 | 86 | 10 (Raised) | 21 | 15 | 6(5) |
| Commercial Corridor |
168 | 126 | 24 (Raised) | 21 | 15 | 6(5) |
[(1)] Right-of-way, Curb to Curb and Median widths are given for reference only. Streets must comply with the General Plan Circulation Element and Circulation Plan.
[(2)] Landscaping in subdivision lettered lots along the property line may be included in the Parkway.
[(3)] Sidewalk measurement includes 0.5 ft. curb face.
[(4)] Meandering sidewalks are encouraged. If sidewalks are not meandering they must be placed in the middle of
the parkway.
[(5)] Meandering sidewalks are required, unless waived by the Planning Director.
(Ord. 536-18 § 2 (part), 2018; Ord. 367 § 2, 2006; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
16.108.050 Easements. ¶
The commission may require the subdivider, as a condition of approval of a tentative map, to grant easements not less than ten feet in width along each side of the rear lot line, and not less than five feet in width along each side of the side lot lines for drainage, public utility, and sanitary sewer purposes. Easements of lesser width(s) may be allowed when approved by the city engineer, after conferring with the affected public utility system(s). (Ord. 182 § 2 (part), 1997)
16.108.060 Energy Conservation. ¶
The design of a subdivision shall provide, to the maximum extent feasible, for future passive or natural heating or cooling opportunities, in compliance with state law (Government Code Section 66473.1). (Ord. 182 § 2 (part), 1997)
16.108.070 Erosion Control and Grading. ¶
Construction grading and erosion control shall be conducted to prevent sedimentation or other damage to off-site properties, and shall be in compliance with the city standards for stormwater/urban runoff management and discharge control requirements and state law (Government Code Section 6641 1). Drainage, erosion, and sedimentation control measures shall be shown on the subdivider's improvement plans.
(Ord. 182 § 2 (part), 1997)
16.108.080 Access. ¶
All subdivisions shall abut upon or have an approved means of access to a public street. In addition, the following standards shall apply:
A. Approved Access. Each parcel or unit within the subdivision shall have approved direct access to a public or
private street;
B. Future Access. Street layout shall be designed to provide for future access to, and not impose undue hard-ship
upon, property adjoining the subject subdivision; and
C. Maintenance of Private Streets. In the case of private streets, the subdivider shall provide an appropriate method for permanent maintenance, subject to the approval of the city engineer and city attorney.
(Ord. 182 § 2 (part), 1997)
16.108.090 Parcel Standards. ¶
The design, orientation, shape, and size of each parcel, which provides for a suitable building site, shall be appropriate to its location and type of development contemplated/proposed. The following standards shall apply:
A. Lot Lines at Right Angles. The lot lines of all parcels, so far as practical, shall be at approximately right angles to the fronting street, or approximately radial to the center of the curvature, if the street is curved. Side lines of each parcel shall be approximately radial to the center of the curvature of a cul-de-sac, where applicable;
B. Parcel Widths. The following minimum width requirements shall apply where no parcel width requirements are established by this development code:
1. Corner Parcels: Sixty (60) feet in width; and
2. Interior Parcels: Fifty (50) feet in width.
C. Reverse Corner Parcels. Reverse corner parcels shall be avoided. (Refer to Chapter 16.110, Definitions of
Specialized Terms and Phrases);
D. Double Frontage Parcels. Interior parcels having double frontage shall generally not be allowed unless the second frontage is an approved alley;
E. Parcel Remnants. Remnants of property, with the exception of one-foot control lots, and approved nonbuildable sites, which do not conform to parcel requirements or which are not required for public or private utility purposes shall not be created;
F. Top of Slope. Lot lines between adjacent parcels within a subdivision shall be located at the top of any graded slope;
G. Development Code Compliance. All parcels shall be in compliance with the requirements of this development code;
H. Landscaped Frontage. All lots shall have a minimum of fifteen (15) feet of frontage on a street available for landscaping, which may require a tapered driveway for lots with less than thirty-five (35) feet of lot frontage; and
I. Flag Lot Corridors. The access corridor for a flag lot shall not be counted as part of the required minimum lot area.
(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)
16.108.100 Supplemental Improvements Required. ¶
A. Supplemental Size and Capacity.
- The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental capacity, number, or size for the benefit of property not within the subdivision as a condition precedent
to the approval of a subdivision or parcel map and thereafter to dedicate the improvements to the public.
- When the supplemental capacity, number, or size is solely for the benefit of property not within the subdivision, the city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of the improvements equal to the difference between the amount it would have cost the subdivider to install the improvements to serve the subdivision only and the actual cost of the improvements in compliance with the provisions of the Subdivision Map Act.
B. Method of Payment. The council shall determine the method for payment of the costs required by a reimbursement agreement which may include the establishment and maintenance of local benefit districts for the levy collection of the charge or costs from the property benefited.
(Ord. 182 § 2 (part), 1997)
16.108.110 Supplemental Improvements—Reimbursement Agreement, Funding Procedures. ¶
A. Public Hearing Required. A charge, area of benefit, or local benefit district shall not be established unless and until a public hearing is held and the council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of the supplemental improvements and the actual ultimate beneficiaries.
B. Notice of Hearing. In addition to the notice required by state law (Government Code Section 66451.3), written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supple-mental improvements insofar as they can be identified at the time. The notices shall be mailed by the city clerk at least ten days before the scheduled public hearing.
(Ord. 182 § 2 (part), 1997)
16.108.120 Supplemental Improvements—Drainage, Sewerage, Bridge, and Major Thoroughfares. ¶
If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees, or has established an area of benefit for bridges or major thoroughfares in compliance with Section 16.36.010, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of the identified charge(s). The city may enter into reimbursement agreements with a subdivider who constructs the facilities, bridges, or thoroughfares and the fee(s) collected by the city may be utilized to reimburse the subdivider. Refer to Chapter 16.36 (Public Facilities/Infrastructure) for specific requirements.
(Ord. 182 § 2 (part), 1997)
16.108.130 Deferred Improvement Agreements. ¶
The required frontage improvements may be deferred when deemed appropriate by the city engineer. Deferral shall be allowed when the city engineer finds that construction is impractical due to physical constraints. When improvements are deferred, the subdivider shall enter into an agreement with the city for the installation of all frontage improvements at a future date as determined by the city engineer. The agreement shall provide for the following:
A. The agreement shall be acceptable to the city engineer and city attorney;
B. Construction of required improvements shall begin within ninety (90) days of the receipt of notice to proceed from the city engineer;
C. in the event of default by the subdivider or successors, the city is authorized to cause the construction to be done and charge the entire cost and expense to the subdivider or successors. including interest from the date of notice of the cost and expense until paid;
- D. The agreement shall be recorded with the county recorder, at the expense of the subdivider, and shall constitute:
Notice to all successors of title to the real property of the obligation; and
A lien in an amount to fully reimburse the city, including interest as outlined above, subject to foreclosure in the event of default in payment.
E. In the event of litigation caused by a default of the subdivider or successors, the subdivider or successors agree to pay all costs involved, including reasonable attorneys fees, which shall become a part of the lien against the real property;
F. The term "subdivider" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, with the intent that the obligations undertaken shall run with the real property and constitute a lien against it: and
G. Other provisions deemed necessary by the city engineer. The agreement shall not relieve the subdivider from any other specific requirements of the subdivision map act or this article.
(Ord. 182 § 2 (part), 1997)
16.108.140 Improvement Plans. ¶
Improvement plans shall be prepared by a registered civil engineer licensed by the state, shall include all improvements required in this article, and shall be in compliance with applicable city standards.
A. Form and Content. The form. content, specifications, and supporting data of an improvement plan shall
conform to the requirements of the city engineer.
B. Review and Approval by City Engineer.
The subdivider shall submit the improvement plans. plan check fees, and all supporting data to the city engineer for review.
The subdivider shall revise the improvement plans until acceptable by the city engineer. Upon completion of the improvement plans and satisfaction of all other requirements of this article, the subdivider shall transmit the original set of improvement plans to the city engineer for final review and signature. The originals shall be retained by the city engineer.
Approval by the city engineer shall in no way relieve the subdivider or the subdivider's engineer from responsibility for the design of the improvements and for any error, omission, or any deficiency resulting from the design, or from any required conditions of approval, of the tentative map.
C . Revisions to Approved Plans
1. By Subdivider. Requests by the subdivider for revisions to the approved plans, appearing necessary during construction, shall be submitted in writing by the engineer of record to the city engineer and shall be accompanied by revised drawings showing the proposed revision(s). If found acceptable and consistent with the approved tentative map. the amended originals shall be initialed by the city engineer. Construction of any proposed revision(s) shall not proceed until the revised plans have been initialed by the city engineer.
2. By City Engineer. When revisions are deemed necessary by the city engineer to protect the public health and
safety, or as field conditions may require. a request shall be made to the subdivider.
3. City Engineer's Review. The subdivider shall revise the plans and transmit the original(s) to the city engineer
for initialing within the time period specified by the city engineer.
4. City Engineer's Approval. Construction of all. or any portion of, the improvements may be stopped by the city engineer, in compliance with Chapter 16.84 (Enforcement Provisions), until the revised drawings have been submitted, approved, and initialed by the city engineer.
(Ord. 182 § 2 (part), 1997)
16.108.150 Improvement Agreement. ¶
A. Compliance with Development Code. Unless the council requires the subdivider to construct improvements before final map approval, the subdivider may elect to construct improvements or to otherwise comply with the requirements of this development code and with the conditions in the resolution approving the tentative map or, if authorized by the council, may contract to initiate and consummate special assessment district proceedings in lieu of constructing improvements, in compliance with state law (Subdivision Map Act Section 66462).
B. Remainder Parcel. If the subdivider consents, or the council requires, the improvement agreement may provide for the improvements for a designated remainder parcel before issuance of a building or grading permit for the parcel.
C. Plans and Specifications. The subdivider shall prepare and deposit with the city clerk detailed plans and specifications of the improvements to be constructed or the conditions to be met, and the plans and specifications shall be made a part of any agreement or contract and of the required improvement security, in compliance with Section 16.108.160, below.
D. City Engineer. The city engineer is authorized to sign the improvement agreement(s) on behalf of the city. (Ord. 182 § 2 (part), 1997)
16.108.160 Improvement Security. ¶
A. Required. Any improvement agreement. contract, or act required or authorized by the subdivision map act, for which security is required, shall be secured in compliance with state law (Government Code Section 66499).
B. General.
1. Improvement Agreement. The subdivider shall enter into a contract with the city, acceptable to the city attorney, to make, install, and complete within the time fixed, but in no case more than two years from the date of execution of the contract, all improvements and land alteration(s) in compliance with the plans approved by the city.
2. Security Arrangements.
a. The subdivider shall file security to guarantee completion of public and private improvements in compliance with the improvement agreement as follows:
One hundred (100) percent of the total estimated cost of all required improvements including bonding requirements for grading as outlined in Section 16.108.070 (Erosion Control and Grading) and preservation/replacement of mature trees as outlined in Chapter 16.42 (Tree Preservation), conditioned upon the faithful performance of the act or agreement:
Fifty (50) percent of the total estimated cost of all required improvements, to secure payment to the contractor, subcontractor(s), and others furnishing labor, materials, or equipment for grading and/or other improvements;
Ten percent of the total estimated cost of the improvement or act to be performed to guarantee or warranty the work for a period of one year following completion or acceptance thereof against any defective work or labor done or defective materials furnished;
A monumentation security in an amount proposed by the subdivider's engineer to cover the cost of placing lot corners and other related monuments;
If the required subdivision improvements are financed and installed in compliance with special assessment proceedings, upon the furnishing by the contractor of the faithful performance and labor and material security required by the special assessment act being used, the city engineer may reduce the improvement security of the subdivider by an amount corresponding to the amount of the security furnished by the contractor; and
The subdivider may satisfy the requirement for security of certain improvements by providing proof that the required security has been posted with another public agency subject to the approval of the city engineer.
b. Security may be of the following types subject to the approval of the city engineer and city attorney as to form:
1) Bonds. All bonds shall be executed by a surety company authorized to transact business as a surety, and have an agent for service in the state, together with an "A" policy holder's rating and a financial rating of at least "V" in compliance with the current "Best's" ratings:
2) Cash Deposits. in lieu of the faithful performance and labor and material bonds, the subdivider may submit cash deposits under the following conditions:
a) Disbursements from cash deposits shall be made in compliance with a separate agreement between the subdivider and the city:
b) A bookkeeping fee of one percent of the total amount deposited with the city for each cash deposit shall be submitted with each security; and
c) Disbursements from a cash deposit shall not be allowed unless and until authorized in writing by the city engineer.
3) Letter of Credit. In lieu of faithful performance and labor and material bonds or cash deposits, the subdivider may submit a letter of credit subject to the California Commercial Code. The let-ter of credit shall be issued by a financial institution organized and doing business in, and subject to regulation by, the state. The letter shall be in a form and content as approved by the city attorney, and shall pledge that the funds necessary to meet the performance are on deposit and guaranteed for payment and agree that the funds designated by the instrument shall become trust funds for the purposes identified in the instrument.
c. The city clerk shall not endorse or sign its certificate contained on the final map unless and until an appropriate improvement security, as specified above, has been posted with the city;
d. The requirements outlined above are also applicable to a parcel map for which the installation of public improvements or grading is a condition of approval: and
e. Final or parcel maps shall not be presented to the council for acceptance until the requirements of this
section have been met and until all charges and fees established by the council, and pertaining to the subject property, have been paid.
C. Improvement Agreement Not Required With Special Permit.
1. Special Permit . If the subdivider desires to do certain work before entering into an agreement with the city to install and complete all required subdivision improvements and alteration work, the subdivider may apply to the city engineer for a special permit to do so.
2. Application. The application shall be accompanied by detailed plans, clearly describing the work which is proposed for completion.
3. City Engineer's Action. The city engineer may issue a special permit to the subdivider upon submittal of an application, provided security has been posted in an amount which would ensure the rehabilitation of the land, including grading and planting. in the event the final subdivision map is not recorded.
4. Security. The security and contractor's qualifications shall be in compliance with this section.
5. Improvement Agreement Not Required . When the special permit is for all work required in connection with
the subdivision and the work has been completed, inspected, and approved by the city engineer, an improvement agreement shall not be required.
D. Security Administration.
1. Letter of Credit. In the case of a letter of credit, the issuing bank or association shall receive a copy of the notice of completion.
2. Progress Payments. Progress payments may be made to the subdivider from any deposit money or letter of credit which the subdivider may have made in-lieu of providing a security bond. Progress payment(s) shall not be made for more than ninety (90) percent of the value of any installment of work and the aggregate amount paid is not in excess of fifty (50) percent of the total amount posted as improvement security. Progress payment(s) from cash deposits shall not be made except upon certification by the city engineer, and the subdivider, that all required work has been completed.
3. Release, Retention, and Reduction of Security. The security may be released, in whole or in part, in the following manner:
a. Security given for faithful performance or any act or agreement shall be released upon the perfonnance of the act and final completion, and acceptance of the required work by the city engineer. A maximum of three partial releases of the security may be granted by written order of the city engineer upon determination by the city engineer that the work has been properly completed and that the remaining amount of security is adequate to guarantee the completion of the remaining improvements. Requests for partial releases, identifying in detail the amount of work completed, shall be made in writing to the city engineer.
b. Security guaranteeing the payment to the contractor, the subcontractors, and to persons furnishing labor, materials, or equipment may, after passage of the time within which claims of lien are required to be recorded in compliance with state law (Civil Code Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3), and after acceptance of the work, be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the board. If no claims of lien have been recorded, the security may be released in full. Requests for release shall be made to the city engineer who may, before the release of any security under this subparagraph, require the subdivider to provide a title report or other form of evidence sufficient to show what claims of lien, if any, are of record on the subdivision.
c. The release of the security shall not apply to any required guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. In any case where the performance of the obligation for which the security is required is subject to the approval of another agency, the security shall not be released until the obligation is performed to the satisfaction of the other agency. The city shall notify the servicing agency in writing and the agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.
he other agency. The city shall notify the servicing agency in writing and the agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.
d. The liability upon the security given for the faithful performance of any act or agreement shall be limited to: 1) The performance of the work covered by the agreement between the subdivider and the city for the performance of the required act;
The performance of any changes or alterations in the work, provided that all changes or alterations do not exceed ten (10) percent of the original estimated cost of the improvement;
The guarantee and warranty of the work for a period of one year following completion and acceptance thereof against any defective work or labor done or defective materials furnished in the performance of the agreement or the performance of the act; and
Costs and reasonable expenses and fees, including reasonable attorneys' fees.
e. If the estimated cost of completing the street/drainage improvements, water system improvements, sewer system improvements, or the setting of the monuments is less than five thousand dollars ($5,000.00), a cash bond shall be required for that specific improvement.
f. The city engineer is authorized to release or reduce the security in compliance with this Section.
4. Forfeiture of Surety. In the event that the subdivider fails to complete all improvement work in compliance with the provisions of this section and the improvement agreement, and the city has to complete the work, the city
shall call on the security for funds necessary to complete the improvement work as reimbursement or shall appropriate from any cash deposit funds for reimbursement. If the amount of any surety is less than the cost and expense incurred by the city, the subdivider shall be liable to the city for the difference. Cash remaining in the possession of the city. after completion of the improvement work, shall be returned to the originator minus normal administrative costs.
E. Lien Contract for Improvement for Subdivisions of Four or Fewer Parcels.
In lieu of constructing or agreeing under Section 16.108.040 to construct any required improvements, the city engineer may require the subdivider to enter into an agreement with the city to construct the improvements in the future and require the subdivider to grant the city a lien on the land being divided, thereby securing completion of the future improvements.
The lien granted in compliance with subparagraph (E{'}'}(1) above may be used to secure future improvements in easements, rights-of-way, irrevocable offers of dedication, or any other improvements or conditions of the parcel map.
The city engineer is authorized to sign the agreement on behalf of the city. (Ord. 182 § 2 (part), 1997)
16.108.170 Construction and Inspection. ¶
A. Compliance With Standards. The construction methods and materials for all subdivision improvements shall be in compliance with city standards.
B. Issuance of permits. Construction shall not commence until all required improvement plans have been
approved by the city engineer and all applicable city permits have been issued.
C. Inspections. All subdivision improvements are subject to inspection and approval by the city engineer.
(Ord. 182 § 2 (part), 1997)
16.108.180 Completion of Improvements. ¶
A. Time Limits.
All of the required subdivision improvements shall be completed by the subdivider within eighteen (18) months from the date of final map recordation, unless an extension is granted by the city engineer. Extensions of time may be granted at any time by the city engineer, either at its own option. with or without notice to the subdivider and surety, or at the written request of the subdivider, with or without notice to the surety. Each extension shall be for a period not to exceed one year.
In addition to the above, and as a further condition to granting an extension of time, the city engineer may require that additional agreements or security be furnished to the city as necessary to guarantee the completion of the improvements.
B. Failure by Subdivider.
Upon the failure of the subdivider to complete any improvements, acts, or obligations within the time specified. the city clerk shall give notice in writing of not less than ten days served upon the person responsible for the performance thereof, or notice in writing of not less than twenty (20) days served by registered mail addressed to the last known address of the person.
If the council determines that the subdivider is in default. the council may cause the improvement security, or the portion thereof as is necessary to complete the work or act, and any other obligations of the subdivider secured thereby, to be forfeited to the city.
- (Ord. 182 § 2 (part), 1997)
16.108.190 Acceptance of Improvements. ¶
A. General.
After all improvement deficiencies have been corrected and improvement plans filed, the completed subdivision improvements shall be considered by the council for acceptance, as recommended by the city engineer.
Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that the public improvements have been accepted for public use.
B. Notice of Completion. When the subdivision has been accepted by the city engineer or the council. the sub-
divider shall file a notice of completion with the county recorder.
C. Acceptance of a Portion of the Improvements.
Upon written request of the subdivider, the city engineer may recommend that the council accept a portion of the subdivision improvements.
The improvements shall only be accepted by the council if it finds that it is in the public interest, and the improvements are for the use of the general public.
Acceptance of a portion of the improvements shall not relieve the subdivider from other requirements and provisions specified in this article.
- (Ord. 182 § 2 (part), 1997)
16.110 Definitions ¶
16.110.010 Purpose of Chapter. ¶
This chapter provides definitions of terms and phrases used in this development code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the municipal code, these definitions shall control for the purposes of this development code. If a word is not defined in this chapter, or other provisions of the municipal code, the most common dictionary definition is presumed to be correct.
(Ord. 182 § 2 (part). 1997)
16.110.020 Definitions of Specialized Terms and Phrases. ¶
A. Definitions, "A". The following definitions are in alphabetical order.
Accessory Dwelling Unit. Refer to Government Code Section 65882.2 for definition.
Accessory Retail Uses. The retail sales of various products (including food) within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and not visible from public streets except if located in a hotel or Class A office. These uses shall be located within a primary use structure on the premises, and the aggregate size shall not exceed twenty-five percent (25%) of the gross floor area of the primary building or structure. Uses may include retail sales of various products (including food), restaurants, delis, coffee shops, health clubs, day care centers, printing shop, banks, pharmacies, gift shops and on-site maintenance.
Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this development code, accessory structures and uses include: detached garages, greenhouses, artist's studios, and workshops; hot tubs, jacuzzis, spas, and swimming pools, together with any enclosures; and any other open air enclosures, including gazebos and detached patio covers.
Accessory Use. Except as otherwise defined or limited in this Development Code, a use of land or building, or a portion thereof, that is customarily incidental to, related to, and clearly subordinate to, an allowed primary use of the land or building on the same premises.
Adult Entertainment Businesses. See Section 16.44.020 (Adult Entertainment Businesses).
Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, commissions, and the council, regarding matters regulated by this development code.
Alcoholic Beverage Sales (Land Use). The retail sale of beer, wine, and/or other alcoholic beverages for on-or offpremise consumption.
Alley. A public or private roadway, generally not more than thirty (30) feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.
Allowed Use. A use of land identified by Article II (Zoning Districts and Allowable Land Uses) as a permitted or conditional use that may be established with land use permit and, where applicable, site plan and site plan and design review and/or building permit approval, subject to compliance with all applicable provisions of this development code. Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.
Amenity. In conjunction with a development project, any or all of the following, proposed and provided by a project applicant in excess of the minimum requirements of this development code: permanent open space and landscaping:
public art: recreational facilities; on-site child day care facilities, etc.
Animal Keeping. The keeping or raising of farm animals (including cattle, goats, horses, sheep, swine (including pot bellied pigs)), fowl, poultry. and other animals not commonly regarded as household pets. Does not include cats, dogs, and other typical household pets.
Approval. Includes both approval and approval with conditions.
Architectural Projection. A building feature that is mounted on, and/or extends from, the surface of a building wall or facade, typically above ground level. Examples of architectural projections include balconies, bay windows, lighting fixtures, etc.
Assisted Living/Skilled Nursing. A facility that provides rooms, meals, personal care, and supervision of selfadministered medication, and other services such as recreational activities, financial services, and transportation. These facilities may provide short- or long-term care. Assisted living care facilities range in size from a few rooms to more than a hundred. Skilled nursing facilities include where patients received a minimum number of hours of nursing care daily, such as maintenance care, restorative services and specialized services such as intravenous feeding, tube feeding, injected medication, and daily wound care.
Auto, Mobile Home, and Vehicle Sales. Retail establishments selling and/or renting new and/or used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, golf carts, snowmobile and jet skis (except bicycles and mopeds, which are included under "retail stores, general merchandise"). Includes parts sales or repair shops only when part of a dealer-ship selling new vehicles on the same site. Does not include "service stations," which are separately defined. Auto Parts Sales. Stores selling new automobile parts, tires, and accessories. Does not include tire recap-ping establishments, which are found under "repair and maintenance—vehicle," or businesses dealingexclusively in used parts. which are included under "recycling—scrap and dismantling yards."
Automated Teller Machine (ATM). A pedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with these regulations. ATMs for use by patrons in vehicles are included under the definition of `"drive-in and drive-through services."
Automobile Dismantling Yard. See "recycling—scrap, and dismantling yards."
Automobile Repair. See "repair and maintenance—vehicle."
B. Definitions, "B". The following definitions are in alphabetical order.
Backstop. A safety barrier device constructed with the purpose of stopping or redirecting ammunition fired from a firing line to ensure the safety of users of an indoor firing range.
Baffles. Barrier devices used to contain ammunition and/or to reduce noise. Baffles are typically placed overhead, on ground level, or on walls, and can safely redirect errant or off-target shots.
Balcony. Outdoor living space located on the second or higher floor of a building, enclosed by a railing or other safety barrier.
Banks and Financial Services (Land Use). Financial institutions including:
Banks and trust companies
Credit agencies
Holding (but not primarily operating) companies
Lending and thrift institutions
Other investment companies
Securities/commodity contract brokers and dealers
Security and commodity exchanges
· Vehicle finance (equity) leasing agencies See also. "Automatic Teller Machine," above.
Banks and Financial Services. Financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges: holding (but not predominantly operating) companies; and other investment companies: vehicle finance (equity) leasing agencies. See also. "Automated Teller Machine," above.
Bars and Alcoholic Beverage Drinking Places. A structure or tenant space within a structure where alcoholic beverages are sold for on-site consumption. that are not part of a larger restaurant. Includes bars, taverns. pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (such as live music and/or dancing), and beer brewing as part of a "brew pub."
Basement. Habitable space within a structure where less than one half of the distance from its floor to ceiling is below grade.
Bed and Breakfast Inn. A single-family dwelling, with one family in permanent residence, where bedrooms without individual cooking facilities are rented for overnight lodging. This definition does not include "hotels and motels," or "rooming and boarding houses," which are defined separately; or the rental of an entire residence for one week or longer.
Beverage Production. Manufacturing facilities including bottling plants, breweries, coffee roasting, soft drink production, and wineries. Does not include milk processing, which is included under the definition of food products. May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of "bars and drinking establishment" if alcoholic beverages are tasted, and under "restaurant" if beverages are non-alcoholic.
Building. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this development code, the term "structure" includes "buildings."
Building Material Stores. Primarily indoor retail establishments selling lumber and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "Retail stores, general merchandise"). Includes all stores selling to the general public, even if contractor sales account for a larger pro-portion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Building materials sales businesses that store most of their product inventory out-doors are included under "lumber and wood products." Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "wholesaling and distribution."
Business Support Services. Establishments primarily within structures, providing other businesses with services, including maintenance, repair and service, testing, rental, also includes:
Blueprinting;
Business equipment repair services (except vehicle repair, see "Repair and Maintenance—Vehicle");
Commercial art and design (production);
Computer-related services (rental, repair);
Copying, quick printing, and blueprinting services;
Equipment rental businesses within buildings (rental yards are "storage yards and sales lots");
Equipment repair services where repair occurs on the client site;
Film processing laboratories;
Janitorial services;
Mail advertising services (reproduction and shipping);
Other "heavy service" business services;
Outdoor advertising services;
Photocopying;
Photo finishing;
Protective services (other than office related);
Soils and materials testing laboratories; and
Window cleaning.
- C. Definitions, "C". The following definitions are in alphabetical order.
Car Washes (Land Use). Permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. See Chapter 16.70 (Temporary Use Permits).
Caretaker and Employee Housing. A structure constructed to residential occupancy standards in compliance with the Uniform Building Code that is accessory to a nonresidential use and required for security, or twenty-four (24) hour care or supervision.
Cargo Containers. It is a pre-manufactured metal shipping container or standardized, reusable vessel, designed without axle or wheels, that was originally designed and fabricated for, or used in, the packing, shipping, movement or transport of freight, articles, goods, or commodities from one location to another and that is delivered to a site as a fully assembled unit. The utilization of these units is limited for the conversion of an existing unit for permanent storage activities. See Section 16.44.150.K (Cargo Containers As An Accessory Structure) for additional details. Carport. See “garage, or carport.”
Chemical Products Manufacturing. Manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes. Establishments classified in this major group manufacture three general classes of products: (1) basic chemicals including acids, alkalies, salts, and organic chemicals; (2) chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and (3) finished chemical products to be used for ultimate consumption including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries, including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above in other than one of the uses included in the retail trade group on the land use and permit tables.
Child Day-Care Facilities. Facilities that provide care and supervision of minor children for periods of less than twenty-four (24) hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:
1. Child Day-Care Center. A commercial or non-profit child day-care facility not operated as a small or large family day care home. Includes infant centers, preschools, and extended day-care facilities. These may be operated in conjunction with a business, school or religious facility, or as an independent land use.
2. Large Family Day-Care Home. A day-care facility located in a single-family or multi-family residence where an occupant of the residence provides care and supervision for nine to fourteen (14) children. Children under the age of ten years who reside in the home count as children served by the daycare facility.
3. Small Family Day-Care Home. A day-care facility located in a single-family or multi-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of ten years who reside in the home count as children served by the day-care facility.
Churches/Places of Worship. Any religious organization facility operated for worship or promotion of religious activities, including churches and places of worship and classrooms for religious instruction; and accessory uses on the same site, including living quarters for ministers and staff, and child day care facilities where authorized by the same
type of land use entitlement required for the church itself. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals and other potentially related operations (such as a recreational camp) are classified according to their respective activities.
City. The City of Murrieta, state of California, referred to in this development code as the “city.”
City Council. The Murrieta city council, referred to in this development code as the “council.”
City Engineer. The director of public works/city engineer of the city or his or her duly delegated representative. Class A Office. An office building that is typically characterized by high quality design, the use of high end building materials and state of the art technology for voice and data, and meeting the following minimum requirements:
The building must be a minimum of three (3) stories;
The building shall have a minimum of fifteen thousand (15, 000) square feet per floor;
The building shall have steel frame construction;
The building has a central, interior lobby; and
Access to the suites is from the building unless the building is located in the Historic Downtown in which case the first floor commercial uses may be accessed from both the public sidewalk and inside the building.
In addition, a Class A office building will typically have on-site support services and maintenance, full service accessory uses such as a bank, restaurant-deli-coffee shop, health club, day care center, printing shop, and reserved parking.
Clothing Products. Manufacturing establishments producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (“general merchandise stores”) are instead included under “personal services.” See also, “textile and leather products.”
Commission. See “planning commission.”
Community/Culture Centers. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.
Conditional Use. A use of land identified by Article II (Zoning Districts and Allowable Land Uses) as being allowed in a particular zoning district subject to the approval of a conditional use permit in compliance with Chapter 16.52 (Conditional Use Permits).
Condominium. As defined by Civil Code Section 951(f), a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.
ivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.
Contractor’s Storage Yard. Storage yard operated by, or on behalf of a contractor licensed by the state of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and structures for uses including offices and repair facilities.
Convenience and Mini-Mart Stores (Land Use). Retail stores of seven thousand (7,000) square feet in gross floor area, which carry a range of merchandise oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility.
County Recorder. The county recorder of the county of Riverside.
Coverage (Lot or Parcel). The percentage of the total site area occupied by structures over six feet in height. Coverage includes accessory structures and architectural features such as chimneys, balconies and decks above the
first floor, porches, stairs, etc. Coverage does not include eaves exempt per Section 16.18.140 or arbors, gazebo and trellis per subsection 16.18.140(E)(2).
Crop Production, Commercial. Commercial agricultural uses including production of grains, field crops, vegetables, melons, fruits, tree nuts, flower fields and seed production, ornamental crops, tree and sod farms, associated crop preparation services and harvesting activities including mechanical soil preparation, irrigation system construction, spraying, crop processing and sales in the field not involving a permanent structure.
D. Definitions, “D”. The following definitions are in alphabetical order.
Day Care. A commercial or non-profit day care facility. Includes infant centers, preschools, and extended day care facilities. These may be operated in conjunction with a business, school or religious facility, or as an independent land use.
Density. The number of housing units per net acre, unless otherwise stated, for residential uses. Density Bonus. An increase in the number of dwelling units normally allowed on a parcel by the applicable zoning district, granted by the city in compliance with Chapter 16.20 (Affordable Housing Incentives/Density Bonus Provisions).
Department. The Murrieta development services department, referred to in this development code as "department." Detached. Any structure that does not have a wall or roof in common with another structure.
Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this development code.
Development Agreement. A contract between the city and an applicant for a development project, in compliance with Chapter 16.54 (Development Agreements) of this development code and government code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to city policies, rules, and regulations after project approval. In return, the city may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.
Development Code. The Murrieta development code, Title 16 of the Murrieta municipal code, referred to herein as "this development code."
Director. The person responsible for the planning department functions of the city and/or implementation of Title 16 Development Code, as designated by the city manager.
Drive-in and Drive-through Sales. Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include "fast-food" restaurants.
Drive-in and Drive-through Services. Facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up teller windows and ATMs at banks. Does not include: service stations, which are separately defined, or car washes, which are included in the definition of "repair and maintenance— vehicle."
Duplexes (Land Use). Detached residential structures under single ownership containing two dwellings. Dwelling Unit. Any structure designed or used for the shelter or housing of one or more persons. E. Definitions, “E”. The following definitions are in alphabetical order.
Efficiency Dwelling Units. A dwelling unit providing one habitable room and includes an efficiency unit as defined by Health and Safety Code Section 17958.1. The unit shall have a living room of not less than 220 square feet of floor area. An additional 100 square feet of floor area shall be provided for each occupant of such unit in excess of two. The unit shall be provided with a separate closet. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation
conforming to this code shall be provided. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
Electric Vehicle Charging Space. Refer to Vehicle Code Section 22511.2.
Electric Vehicle Supply Equipment. Refer to Vehicle Code Section 22511.2.
Electronics and Equipment Manufacturing (Land Use). Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
Appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines;
Aviation instruments;
Electrical transmission and distribution equipment;
Electronic components and accessories, and semiconductors, integrated circuits, related devices;
Electronic instruments, components and equipment such as calculators and computers;
Electrical welding-apparatus;
Lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;
Industrial apparatus;
Industrial controls;
Instruments for measurement, testing, analysis and control, associated sensors and accessories;
Miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines;
Motors and generators;
Optical instruments and lenses;
Photographic equipment and supplies;
Pre-recorded magnetic tape;
Radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies;
Surveying and drafting instruments;
Telephone and telegraph apparatus;
Transformers, switch gear and switchboards; and
Watches and clocks.
Does not include testing laboratories (soils, materials testing, etc.) (see "business support services"), or re-search and development facilities separate from manufacturing (see "research and development").
Emergency Shelters. Facilities for the temporary shelter and feeding of indigents or disaster victims, operated by a public or non-profit agency.
Employee Workforce and Student Units. Housing units that are associated with and supporting to facilities such as a hospitals, colleges or universities, or research and development campuses that would directly benefit from having employees and students living on-site.
Enlargement of Use. The expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area than before the expansion.
Equestrian Facilities. Horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.
Equipment Rental (Land Use). Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, including construction equipment.
F. Definitions, "F". The following definitions are in alphabetical order.
Fabric Product Manufacturing (Land Use). Manufacturing establishments fabricating clothing, draperies, and other products by cutting and sewing purchased textile fabrics, and related materials such as leather, rubberized fabrics, plastics and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("general retail stores") are instead included under "personal services." See also, "textile and leather product manufacturing."
Family. One or more persons, related or unrelated, living together as a single integrated household in a dwelling unit.
Farm Equipment and Supplies Sales. Establishments selling, renting or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
Firearm. Any barreled weapon capable of firing a projectile or bullet using an explosive charge.
Firing line. A safe and secure line parallel to fixed targets from which firearms are discharged.
Floor Area Ratio (FAR). The floor area ratio (FAR) is the ratio of floor area to total lot area, excluding underground parking and parking structures used exclusively for vehicle parking and loading. FAR restrictions are used to limit the maximum floor area allowed on a site. The maximum floor area of all structures (measured from exterior wall to exterior wall) permitted on a site (including carports) shall be determined by multiplying the floor area ratio (FAR) by the total net area of the site (FAR x Net Site Area = Maximum Allowable Floor Area).
Food and Beverage Manufacturing (Land Use). Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes:
Bakeries;
Bottling plants;
Breweries;
Candy, sugar and confectionery products manufacturing;
Catering services separate from stores or restaurants;
Coffee roasting;
Dairy products manufacturing;
Fats and oil product manufacturing;
Fruit and vegetable canning, preserving, related processing;
Grain mill products and by-products;
Meat, poultry, and seafood canning, curing, byproduct processing;
Soft drink production; and
Miscellaneous food item preparation from raw products.
May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of"bars and night clubs" if alcoholic beverages are tasted, and under "restaurant" if beverages are non-alcoholic.
Does not include: bakeries which sell all products on-site (listed in Article 11 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) as "bakeries;" beer brewing as part of a brew pub, bar or restaurant (see "bars and night clubs"): the killing/slaughtering of animals, or rendering plants (see "slaughterhouses and rendering plants"). Food Products. Manufacturing establishments producing or processing foods for human consumption and certain related products. Includes:
Bakery products, sugar and confectionery products (except facilities that produce goods only for on-site sales with no wider distribution are included under "retail stores. general merchandise"):
Dairy products processing;
Fats and oil products (not including rendering plants, which are included under "slaughterhouses and rendering plants");
Fruit and vegetable canning. preserving, and related processing:
Grain mill products and by-products;
Meat, poultry, and seafood canning, curing and byproduct processing (not including facilities that also slaughter animals); and
Miscellaneous food preparation from raw products, including catering services that are independent from food stores or restaurants.
Furniture/Fixtures Manufacturing, Cabinet Shops. Manufacturers producing: wood and metal household furniture and appliances: bedsprings and mattresses: all types of office furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. includes wood and cabinet shops, but not sawmills or planing mills. which are instead included under "lumber and wood products."
Furniture, Furnishings and Equipment Stores. Stores primarily selling: home furnishings including furniture, floor coverings, draperies, glass and chinaware, stoves, refrigerators, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture including lawn furniture, spas and hot tubs. Also includes the retail sale of office furniture and pianos.
- G. Definitions, "G". The following definitions are in alphabetical order.
Garage, or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Chapter 16.34 (Off-Street Parking and Loading Standards). I. A garage is an attached or detached accessory structure with a door, enclosed on at least three sides. 2. A carport is an attached or detached accessory structure enclosed on no more than two sides.
General Plan. The city of Murrieta general plan. including all elements thereof and all amendments thereto, as adopted by the city council under the provisions of Government Code Sections 65300 et seq., and referred to in this development code as the "general plan."
Glass Products. Manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Includes large-scale artisan and craftsman type operations producing primarily for the wholesale market.
Golf Courses, Country Clubs. Public and private golf courses and country clubs, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges (driving ranges separate from golf courses are instead classified under "outdoor commercial recreation"); "pro-shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.
Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the allowed height of a proposed structure.
1. Average Grade. The elevation determined by computing the mathematical average of the elevations of the
highest and lowest points on the boundaries of the area for which average grade is being determined.
2. Existing or Natural Grade. The contour of the ground surface before grading.
3. Finish Grade. The final contour of the ground surface of a site that conforms to the approved grading plan.
4. Street Grade. The elevation of the centerline of the street adjacent to the site proposed for development. Green Technologies. Green technologies are uses that research and/or develop products that are intended to mitigate or reduce the effects of human activity on the environment; such as bio filters, solar collectors, noise panels, energy efficient appliances, windows, etc.
Greenhouses, Commercial. Facilities for the indoor propagation of plants for commercial sale. Gross floor area (GFA). Means the total area of all floors of a building, as measured to the outside surfaces of exterior walls. Gross floor area includes halls, stairways, elevator shafts, on grade, semi-subterranean, and subterranean garages, lofts and mezzanines, basements, and finished or habitable attics, except as otherwise defined or exempted in a specific Section of this Title. For the purposes of calculating GFA for all residential dwelling units, outdoor roof deck or balcony areas open to the sky or covered by patio cover or similar structure, when enclosed on all sides by a parapet, solid railing or building wall greater than three feet six inches (3'-6") in height, shall be included. However, open areas within the building above normal ceiling height shall not be calculated.
Group Home. A facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes include sober living homes but shall not include the following as defined in this code: Assisted Living/Skilled Nursing, Bed and Breakfast Inn, Short-Term Vacation Rental (STVR), Hotel or Motel, Live/Work Facility, Residential Care Homes, Rooming and Boarding Houses, Senior Citizen Congregate Care Housing, Single Room Occupancy (SRO) (also known as an Efficiency Unit), Skilled Nursing-Short Term, Supportive Housing, Transitional Housing and Transitional Housing Development.
is code: Assisted Living/Skilled Nursing, Bed and Breakfast Inn, Short-Term Vacation Rental (STVR), Hotel or Motel, Live/Work Facility, Residential Care Homes, Rooming and Boarding Houses, Senior Citizen Congregate Care Housing, Single Room Occupancy (SRO) (also known as an Efficiency Unit), Skilled Nursing-Short Term, Supportive Housing, Transitional Housing and Transitional Housing Development.
H. Definitions, "H". The following definitions are in alphabetical order.
Handcraft Industries, Small-scale Manufacturing. Manufacturing establishments not classified in another major manufacturing group, including: jewelry: musical instruments; toys; sporting and athletic goods: pens, pencils, and other office and artists' materials; buttons, costume novelties: brooms and brushes; and other miscellaneous manufacturing industries.
Handguns. A term used to describe any firearm held within the hand, typically smaller in feature, from which a bullet is propelled. Can also be known as a pistol or revolver.
Health/Fitness Clubs. Fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities: indoor tennis, handball, racquetball, and other indoor sports activities.
Hillside Development. See Chapter 16.24 (Hillside Development).
Home Occupations. An accessory commercial activity or business service conducted on the site of a housing unit, only by residents of the housing unit (short-term vacation rentals are exempt from this requirement in terms of activity limitations. Please refer to the short-term vacation rental definition as contained within this section and Chapter 5.27 (Short-Term Vacation Rentals) for specific criteria, in a manner clearly incidental to the residential character of the site and surrounding neighborhood, and in compliance with the provisions of Chapter 16.60 (Home Occupation Permits). Home occupations do not include business/commercial activities conducted solely by residents of a housing unit that are limited to the use of a desk, telephone and/or personal computer which are permitted in all residential zoning districts.
Hosted Rental Unit. A short-term vacation rental where bedroom(s), or a habitable detached structure (nonaccessory dwelling unit, as that term is defined in Government Code Section 65852.2, which may be amended from time-to-time) on the property of a primary residence is rented, while a property owner, or their designated permanent resident, who is at least twenty-one (21) years of age or older, remains on-site and resides on the property during the short-term vacation rental period (except during daytime and/or working hours).
Hotel or Motel. Guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (less than thirty (30) days). Also includes accessory guest facilities (including swimming pools, tennis courts, indoor athletic facilities, accessory retail uses). Does not include short-term vacation rentals, which are defined under this section and regulated under Chapter 5.27 (Short-Term Vacation Rentals) and Title 16.
ies, rented to the general public for overnight or other temporary lodging (less than thirty (30) days). Also includes accessory guest facilities (including swimming pools, tennis courts, indoor athletic facilities, accessory retail uses). Does not include short-term vacation rentals, which are defined under this section and regulated under Chapter 5.27 (Short-Term Vacation Rentals) and Title 16.
I. Definitions, "I". The following definitions are in alphabetical order.
Improvement. For the purposes of subdivision. an improvement includes any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land within an approved subdivision to be used for public or private streets, highways, and easements for the use of the parcel owners and to accommodate neighborhood traffic and drainage needs. Improvement also refers to any other improvements, the installation of which by either the subdivider, a public agency. utility company. or any other entity, is necessary to ensure consistency with, or implementation of the general plan or any applicable specific plan.
Indoor Commercial Recreation. Facilities for various indoor participant sports and types of recreation where a fee is charged for use, conducted primarily within an enclosed building. Typical uses include: amusement and game arcades, batting cages, billiard/pool halls, bowling alleys, ice skating and roller skating rinks, miniature golf, racquetball, tennis and other sport courts and swimming pools. May include ancillary food, beverage and retail sales. Indoor Firing Range. A totally enclosed facility designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range's approved use.
Instruction, Personal. A use with two or less class or meeting rooms that serves fewer than 40 students in attendance at any time, where an individual or individuals provides instruction to an individual or group of individuals primarily for personal interest or self improvement in such activities as: academics, art, athletics, computers, dance, drama, fitness, martial arts, music and similar activities.
Intensification of Use. A change in the use of a structure or site, where the new use is required by Chapter 16.34 (Off-Street Parking and Loading Standards) to have more off-street parking spaces than the former use: or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site.
J . Definitions, "J".
Junior Accessory Dwelling Unit (JADU) shall have the same meaning as defined in Government Code Sections 65852.2 and 65852.22.
K. Definitions, "K".
Kitchen or Kitchenette. An area designed and/or used for the preparation of food, which includes any three of the following features:
Cooking or food heating equipment, including a hot plate, microwave, oven, or range;
A refrigerator or other device for cold storage;
Cabinets, shelves, or other facilities for storage of food and/or utensils; or
A sink and water supply.
- L. Definitions, "L". The following definitions are in alphabetical order.
Landscaping. See Chapter 16.28 (Landscaping Standards).
Large Family Day-care Home. See "child day care facilities."
Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment, which are classified in "personal services."
Leather Products. The assembly of finished products made primarily from purchased leather goods including: clothing, shoes/boots, luggage, furniture, saddles, and similar items. Does not include tanning, dying, or other processing of leather hides.
Line of sight. A wide, straight path from a firing line to a fixed target that a reasonable user of a range has the uninterrupted sight to shoot a firearm.
Live/Work Facility. An integrated dwelling unit and working space, occupied and utilized by a single housekeeping unit in a structure that has been modified or designed to accommodate joint residential occupancy and work activity and which includes complete kitchen and sanitary facilities in compliance with applicable building standards and working space reserved for and regularly used by one or more occupants of the unit.
Lot or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by the subdivision map act and city ordinances, including this development code. Types of lots include the following.
1. Corner Lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than one hundred thirty-five (135) degrees. If the intersection angle is more than one hundred thirty-five (135) degrees. the lot is considered an interior lot.
2. Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip
that is owned in fee.
3. Interior Lot. A lot abutting only one street.
4. Key Lot. An interior lot, the front of which adjoins the side property line of a corner lot.
5. Reverse Corner Lot. A corner lot, the rear of which abuts a key lot.
6. Through Lot. A lot with frontage on two generally parallel streets.
Lot Area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way. Net lot area is exclusive of easements. including those for utilities or flood control channels. which limit the use of the lot.
Lot Coverage. See `"Site Coverage."
Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The director shall determine lot depth for parcels of irregular configuration.
Lot Frontage. The boundary of a lot adjacent to a public street right-of-way.
Lot Line or Property Line. Any recorded boundary of a lot. Types of lot lines are as follows:
1. Front Lot Line . On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.
2. Interior Lot Line. Any lot line not abutting a street.
3. Rear Lot Line. A property line that does not intersect the front lot line. which is most distant from and most
closely parallel to the front lot line.
4. Side Lot Line. Any lot line that is not a front or rear lot line.
Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. The director shall determine lot width for parcels of irregular shape. Lumber and Wood Product Manufacturing (Land Use). Manufacturing, processing, and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:
Containers, pallets and skids
Milling operations
Trusses and structural beams
Turning and shaping of wood products
Wholesaling of basic wood products
Wood product assembly
Craft-type shops are included in "handcraft industries, small-scale manufacturing." Other wood and cabinet shops are included under "furniture and fixture manufacturing." The indoor retail sale of building materials, construction
tools and equipment is included under "building material stores."
M. Definitions, "M". The following definitions are in alphabetical order.
Machinery Manufacturing. The manufacturing of machinery and equipment for purposes and products including the following:
· Bulldozers
· Carburetors
· Construction
· Conveyors
· Cranes
· Die casting
· Dies
· Dredging
· Engines and turbines
· Farm and garden
· Food products manufacturing
· Gear cutting
· Heating, ventilation, air conditioninglndustrial trucks and tractors
· Industrial furnaces and ovens
· Industrial molds
· Laundry and dry cleaning
· Materials handling
· Mining
· Oil field equipment
· Paper manufacturing
· Passenger and freight elevators
· Pistons
· Printing
· Pumps
· Refrigeration equipment
· Textile manufacturing
Manufactured Home. A housing unit that is either wholly or partially constructed or assembled off the site in compliance with California Health and Safety Code Section 18551, and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sections 5401 et seq.).
Massage. The scientific manipulation of the soft tissues and any method of pressure on, friction against, channeling energy through, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the body, or other methods designed to create similar effects, to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education. Regulations under this municipal code apply to all forms of massage, whether or not it is called massage and whether or not the massage is performed with the patron fully clothed, with or without the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. For purposes of this definition, the terms “massage,” “massage therapy,” “bodywork,” or any other terms used within the massage industry shall have the same meaning. To “perform massage” shall mean the act of performing, providing, offering, delivering, dispensing, engaging in, or carrying on, or permitted to be performed, provided, offered, delivered, dispensed,
engaged in, or carried on massage for any form of consideration whatsoever. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, reiki, and reflexology. Massage does not include contact with specified anatomical areas, as defined by and prohibited under this municipal code.
Massage Accessory Use. Any establishment having a fixed place of business within the city where any person performs massage either permanently or temporarily in conjunction with a primary permitted land use, and the area where the massage occurs covers less than twenty percent (20%) of the gross square footage of the primary permitted land use. Massage accessory use shall be required to obtain a massage accessory use permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code, unless expressly exempted.
Massage Establishment. Any establishment having a fixed place of business located within the city where any person performs massage. A massage establishment shall be required to obtain a massage establishment permit and shall be subject to the massage operating requirements under Chapter 5.18 and Title 16 of this municipal code.
Medical Marijuana Dispensary. A facility where marijuana is made available for medical purposes in accordance with Health and Safety Code Section 11362.5 (Proposition 215).
Medical Marijuana Dispensary, Mobile. Any person, clinic, cooperative, club, business, dispensary or group which transports, imports, sells, furnishes, administers or arranges the delivery of medical marijuana to any person, firm, corporation, association, club, society, or other organization.
Medical Services—Offices, Clinics and Laboratories. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services. These include: medical, dental and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under "offices"); medical and dental laboratories; out-patient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.
Medical Services—Hospitals. Hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; these establishments have an organized medical staff. inpatient beds, and equipment and facilities to provide complete health care. May include accessory retail uses (see the separate definition of "accessory retail uses," and emergency heliports.
Membership Organization Facilities. Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; civic, social and fraternal organizations (not including lodging, which is under "fraternity/sorority houses"); political organizations, and other membership organizations. Does not include country clubs, which are included in the definition of `"golf courses, country clubs."
Metal Fabrication, Machine and Welding Shops. The assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.
Mobile Home. A structure transportable in one or more sections which is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. For purposes of these regulations, a mobile home on a permanent foundation is considered a structure.
Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.
Motel. See "Hotel or Motel."
Multi-family Housing. Includes a structure or a portion of a structure used and/or designed as residences for two or more families living independently of each other. includes: duplexes, triplexes and fourplexes (individual structures containing three, and four housing units, respectively) apartments (five or more units under one ownership in a single structure): townhouse development (three or more attached single-family dwellings where no unit is located over another unit); senior citizen multi-family housing; single-and common owner-ship, attached unit projects (such as condominiums). Single resident/single room occupancy units (SROs) are separately defined.
Multi-use Service Station. A gasoline service station which may include a car wash, one or more restaurants (with or without drive-through facilities). convenience market, or other service commercial uses in combination on a single site.
Municipal Code. The city of Murrieta municipal code, as it may be amended from time to time by the council.
N. Definitions, "N". The following definitions are in alphabetical order.
Noise. See Chapter 16.30 (Noise).
Nonconforming Uses, Structures and Parcels. See Chapter 16.32 (Nonconforming Uses, Structures, and Parcels). Non-Hosted Rental Unit. A short-term vacation rental where bedroom(s), or a habitable detached structure (nonaccessory dwelling unit, as that term is defined in Government Code Section 65852.2, which may be amended from time-to-time) is rented without concurrently being occupied by the property owner.
- O. Definitions, "O". The following definitions are in alphabetical order.
Occupancy. All or a portion of a structure occupied by one tenant.
Offices. Service establishments including the following:
Business offices. Establishments providing direct services to consumers, including insurance agencies, real estate offices, post offices (not including bulk mailing distribution centers, which are included under "vehicle and freight terminals"): and
Professional offices. Professional or government offices including:
Accounting, auditing and bookkeeping services:
Advertising agencies;
Architectural, engineering, planning, and surveying services;
Attorneys;
Counseling services;
Court reporting services:
Data processing and computer services;
Detective agencies and similar services:
Educational, scientific and research organizations;
Employment, stenographic, secretarial and word processing services;
Government offices including agency and administrative office facilities:
Management, public relations and consulting services;
Photography and commercial art studios;
Writers and artists offices outside the home.
Does not include: Medical offices, which are allowed under "medical services—clinics and laboratories;" or offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed in any non-residential zone as part of an approved principal use.
Offices , Temporary. A mobile home, recreational vehicle, travel trailer, or modular unit used as: a temporary business or construction office during construction of permanent facilities on the same site or as an office on the site of
a temporary off-site construction yard; a temporary on-site real estate office for a development project: or a temporary business office in advance of permanent facility construction.
Offices, Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use. Outdoor Commercial Recreation. Facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including: amusement and theme parks; drive-in theaters; golfdriving ranges; miniature golf courses (golf courses are included under the definition of "golfcourses, country clubs"); skate-board parks and water slides: go-cart and miniature auto race tracks: recreation equipment rental (for example. non-highway motor vehicles, roller skates): health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs: zoos. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses. such as bars and restaurants (both table service and counter service). and video game arcades.
Outdoor Retail Sales and Activities. Permanent outdoor sales and rental establishments including equipment, and other uses where the business is not conducted entirely within a structure.
Outdoor Retail Sales, Temporary. Temporary outdoor retail operations including:. farmer's markets; seasonal sales of Christmas trees, pumpkins or other seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales; and retail sales of various products from individual vehicles in temporary locations outside the public right-of-way.
P. Definitions, "P". The following definitions are in alphabetical order.
Paper Product Manufacturing (Land Use). The manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products including paper bags, boxes. envelopes, wallpaper, etc. Parcel. See "lot. or parcel."
Park and Playground Equipment and Facilities. Facilities and equipment in support of active recreation, including traditional playground equipment (such as swings, slides, climbing structures), and athletic facilities (such as ball fields. backstops, bleachers).
Parking Lot/Structure. Private or public parking lot, parking garages or parking structures for the purpose of providing off-street parking to currently licensed and operative cars and trucks with a gross vehicle weight rating (GVWR) of no more than 10,000 pounds.
Parks and Playgrounds. Public and private parks, play lots, playgrounds. and non-professional/noncommercial athletic fields, including park and playground equipment, accessory structures, and facilities.
Parks, Greenbelts, and Landscape Areas. Open space areas providing visual separation between different land uses, which may include some passive recreation opportunities. Active recreation facilities may be al-lowed only where Article II (Zoning Districts. Allowable Land Uses, and Zone Specific Standards) allows "park and playground equipment" in the same zoning district.
Parolee—Probationer Home. Notwithstanding the definition of "rooming and boarding house", any residential structure or unit, whether owned and/or operated by an individual or for-profit or non-profit entity, which houses two or more parolee-probationers (as defined herein), unrelated by blood, marriage, or legal adoption, in exchange for monetary or non-monetary consideration given and/or paid by the parolee-probationer and/or any individual or public/private entity on behalf of the parolee-probationer, excluding parolee-probationers who reside in a statelicensed residential care facility.
1. Parolee - Probationer. An individual as follows: (1) convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision federal probation officer; (2) who is serving a period of supervised community custody as defined by California State Penal Code Section 3000, following a term of imprisonment in a State prison, and is under the jurisdiction of the California Department of Correction, Parole and Community Services Division; or (3) an adult or juvenile individual sentenced
to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a youth authority parole officer.
Patio. A typically paved outdoor area on the site of a dwelling that is used for lounging, dining, etc. Permitted Use. A use of land identified by Article 11 (Zoning Districts and Allowable Land Uses) as being allowed in a particular zoning district, subject to the approval of a zoning clearance, in compliance with Chapter 16.74 (Zoning Clearances).
Person. Any individual, firm, co-partnership. corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof. Personal Services. Establishments providing non-medical related services, including beauty and barber shops; clothing rental: dry cleaning pick-up stores and small-scale dry cleaners without pick-up and delivery services; laundromats (self-service laundries); shoe repair shops; tanning salons; fortune telling; and massage services performed in accordance with state law and in compliance with the requirements of Chapter 5.18 of this municipal code and the provisions of this development code, body piercing, tattooing, electrolysis. These uses may also include accessory retail sales of products related to the services provided. Massage services shall only be performed in accordance with state law and in compliance with the requirements of Chapter 5.18 and Section 16.44.270.
pliance with the requirements of Chapter 5.18 of this municipal code and the provisions of this development code, body piercing, tattooing, electrolysis. These uses may also include accessory retail sales of products related to the services provided. Massage services shall only be performed in accordance with state law and in compliance with the requirements of Chapter 5.18 and Section 16.44.270.
Paving Materials. The manufacture of various common paving and roofing materials, including bulk asphalt, paving blocks made of asphalt. creosote wood and various compositions of asphalt and tar, porous paving or other approved surface alternative.
Personal Services. Establishments providing non-medical related services, including beauty and barber shops; clothing rental: dry cleaning pick-up stores and small-scale dry' cleaners without pick-up and delivery services; laundromats (self-service laundries); shoe repair shops; tanning salons; fortune telling; and therapeutic (non-sexual) massage services, body piercing, tattooing, electrolysis. These uses may also include accessory retail sales of products related to the services provided.
Planning Commission. The Murrieta planning commission, appointed by the Murrieta city council in compliance with Government Code Section 65 101, referred to throughout this development code as the "commission.". Primary Structure. A structure that accommodates the primary use of the site. Also includes "principal structure." Primary Use . The main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities occur.
Plant Nurseries . Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included tinder "residential accessory uses and structures.") The sale of house plants or other nursery products entirely within a structure is also included under "retail stores, general merchandise."
Plastics and Rubber Products. The manufacture of rubber products including: tires; rubber footwear: mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic or reclaimed rubber. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in "auto, mobile home, vehicle and supplies sales"). Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services.
Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in "auto, mobile home, vehicle and supplies sales"). Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services.
Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure. screen, offset or other common process. including electrostatic (xerographic) copying and other "quick printing" services: and establishments serving the printing trade including silk screening. bookbinding. typesetting, en-graving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; and establishments manufacturing business forms and binding devices.
Private Residential Recreational Facilities. Swimming pools, tennis and other sport courts, playground equipment. and similar facilities and accessory strictures that are operated for the residents of a specific housing project and their guests, and are not open to the general public. Does not include these facilities for individual homes, which are defined as "residential accessory uses."
Public Safety and Utility Facilities.
1. Public Safety Facilities. Facilities operated by public agencies including fire stations. other fire prevention
and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
2. Public Utility Facilities. These uses include any of the following facilities that are not exempted from land use entitlement requirements by Government Code Section 53091: electrical substations, switching stations, and other fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages; telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; community wastewater treatment plants, settling ponds and disposal fields; corporation and maintenance yards. These uses do not include office or customer service centers (classified in "offices"). or equipment and material storage yards (classified in "storage, outdoor").
Public Transit. Means a fixed-route service open to the public at large and includes transit stations, bus stations, and bus stops, as operated by the Riverside Transit Agency or another fixed route service as adopted by City Council resolution as it pertains to Section 16.44.160 of this title.
Public Utility Facilities (Land Use). Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:
Corporation and maintenance yards
Electrical substations and switching stations
Natural gas regulating and distribution facilities
Public water system wells, treatment plants and storage
Telephone switching facilities
Wastewater treatment plants, settling ponds and disposal fields
Q. Definitions, "Q". No definitions beginning with the letter `"Q" are used at this time.
R. Definitions, "R". The following definitions are in alphabetical order.
Range Safety Officer. An individual charged with the responsibility of safety and maintenance of an indoor firing range. Range safety officers shall ensure adherence to all rules and regulations for the health and safety by range users and other employees of the business. Range safety officers shall have the following qualifications: completed a course in firearm safety and instruction; familiar with applicable federal, state, and local laws and regulations pertaining to firearms; and, experience in range operations and management.
Recreational Vehicle (RV). A motor home. travel trailer. truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
It contains less than three hundred twenty (320) square feet of internal living room area, excluding built-in equipment, including wardrobe. closets, cabinets. kitchen units or fixtures, and bath or toilet rooms:
It contains four hundred (400) square feet or less of gross area measured at maximum horizontal projections;
It is built on a single chassis; and
It is either self-propelled, truck-mounted. or permanently towable on the highways without a towing permit.
Recycling Facilities.
- Collection Facility. A center for the acceptance by donation, redemption or purchase of recyclable materials from the public, which may include the following:
- a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of three hundred fifty (350) square feet or less and may include:
(1) A mobile unit;
(2) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet; and
(3) Kiosk-type units which may include permanent structures.
c. Large collection facilities which may occupy an area of more than three hundred fifty (350) square feet and may include permanent structures.
2. Convenience Zones. An area within a one-half-mile (½-mile) radius of a supermarket.
3. Mobile recycling unit. An automobile, truck, trailer, or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials, including bins, boxes, or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.
4. Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials to prepare for either efficient shipment. or to an end-user's specifications by means of baling, briquetting. cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types. both of which are included under the land use definition of "recycling, scrap and dismantling yards:"
a. Light processing facility occupies an area of under forty-five thousand (45,000) square feet ofcollection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and
b. A heavy processing facility is any processing facility other than a light processing facility.
5. Recycling Facility. A center for the collection and/or processing of recyclable materials. A certified re-cycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of state law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercial or industrially-designated parcel used solely for the recycling of material generated on the parcel.
6. Recycling or Recyclable Material. Reusable domestic containers including glass. metals, paper and plastic which are intended for reconstitution, remanufacture or reuse for the purpose of using in altered form. Recyclable material does not include refuse or hazardous materials.
7. Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by state law. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion
commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
A bulk reverse vending machine is a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one container at a time and will pay by weight instead of by container.
8. Scrap and Dismantling Yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap and the incidental wholesale or retail sales of parts from vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within structures; pawn shops and other secondhand stores; the sale of operative used cars; or terminal waste disposal sites.
Repair and Maintenance—Consumer Products. Service establishments where repair of consumer products is the principal business activity, including: electrical repair shops: television and radio and other appliance repair: watch, clock and jewelry repair; re-upholstery and furniture repair. Does not include shoe repair (included under "Personal Services"). Does not include heavy equipment repair businesses, which are included under "Business Support Services."
Repair and Maintenance—Vehicle. This use includes major and minor categories. Generally, the use includes the repair, alteration, restoration, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, motorcycles, trucks, recreational vehicles, boats and other vehicles as a principal use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Major vehicle repair facilities deal with entire vehicles; minor facilities specialize in limited aspects of repair (such as muffler and radiator shops, quick-lube). Does not include: automobile dismantling yards which are included under “recycling, scrap and dismantling yards;” automobile parking (see “Parking Facilities/Vehicle Storage”); repair shops that are part of a vehicle dealership on the same site, which are included under “auto, mobile home and vehicle sales;” service stations, which are separately defined; or tire recapping establishments, which are included under “plastics and rubber products.”
Research and Development. Facilities for scientific research, and the design. development and testing of computer software, and electrical. electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Also includes chemical and biotechnology research and development. Does not include soils and other materials testing laboratories which are defined under `"Business Support Services," or medical laboratories, which are included under "medical services— clinics and labs."
anical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Also includes chemical and biotechnology research and development. Does not include soils and other materials testing laboratories which are defined under `"Business Support Services," or medical laboratories, which are included under "medical services— clinics and labs."
Residential Accessory Uses and Structures. Includes any use that is customarily part of, and clearly incidental and secondary to a residence and does not change the character of the residential use. These uses include accessory structures (swimming pools, spas and hot tubs, workshops, studios. greenhouses, garages, guest houses, and similar structures). Includes home satellite dish antennas of eighteen (18) inches or less in diameter, and other receiving antennas for earth-based TV and radio broadcasts (larger satellite dish antennas, and broadcast and receiving antennas for ham radio and commercial applications, are included under the definition of "telecommunications facilities").
Residential Care Homes. Facilities providing residential social and personal care for children, the elderly, and people with limited ability for self-care, but where medical care is not a major element. Includes: children's homes; transitional houses; orphanages; rehabilitation centers; and self-help group homes. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of "Assisted Living/Skilled Nursing." This use definition does not include sober living homes or any other facility that meets the definition of a Group Home, whether licensed or unlicensed.
Residential Massage Establishment. A massage establishment legally operating in a residence in the city as of October 2, 2021, that continuously operates in the residence with a current, valid and authentic massage establishment permit, business license and home occupation permit issued by the city, and all other necessary approvals, and that operates in compliance with all local, state and federal laws, ordinances, rules and regulations.
Restaurant. A retail business selling food and beverages prepared on the site, where customers consume the products on-premise, indoors and/or outdoors.
Retail Stores, General Merchandise. Retail trade establishments selling many lines of merchandise. These stores and lines of merchandise include but are not limited to:
Artists' supplies
Auto parts (not repair or machine shops)
Bakeries (retail only)
Bicycles
Books
Cameras and photographic supplies
Clothing and accessories
Department stores
Drug and discount stores
Dry goods
Fabrics and sewing supplies
Florists and houseplant stores (indoor sales only - outdoor sales are "Plant Nurseries")
General stores
Gifts, novelties and souvenirs
Handcrafted items (stores may include crafting operations subordinate to sales)
Hardware
Hobby materials
Jewelry
Luggage and leather goods
Musical instruments, parts and accessories
Newsstands
Orthopedic supplies
Pet stores
Religious goods
Small wares
Specialty shops
Sporting goods and equipment
Stationery
Toys and games
Variety stores
Review Authority. The individual or official city body (the community development services director. planning commission, or city council) identified by this development code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article IV (Development Code Administration). Rifle. A firearm, typically with a rifled bore, designed to be fired from the shoulder.
Rooming and Boarding Houses. A residence or dwelling, other than a hotel, wherein three (3) or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence. Included within the definition of "rooming and boarding house" are parolee-probationer homes as defined herein. Does not include short-term vacation rentals, which are defined under this section and regulated under Chapter 5.27 (Short-Term Vacation Rentals) and Title 16.
S. Definitions, "S". The following definitions are in alphabetical order.
Schools. Public and private elementary, middle, junior high, and high schools serving kindergarten through twelfth (12th) grade students, including denominational and sectarian, boarding schools and military academies. Also includes community colleges, public or private colleges, universities and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. Pre-schools and child day care are included under the definitions of "child day care centers" and "family care homes."
Schools—Specialized Education and Training. An institution with two or more classrooms and/or meeting rooms that is capable of serving 40 or more students in attendance at any time, and which offers specialized trade and commercial courses intended to achieve a degree, certificate or training in a trade, occupation or field of employment. This includes, but is not limited to, the following types of programs: academics, art, bartending, building trades, business, cabinetry, casino trades, computer technician, construction inspection, cooking, cosmetology, dance, drama, driver education, engine mechanics, heating and air conditioning, language, medical and dental, music, paralegal, secretarial, athletics, vocational and web design. Also includes seminaries and other facilities/institutions providing training for religious ministries, establishments furnishing educational courses by mail or the internet, and institutions that offer specialized programs in personal growth and development.
Secondhand Stores. Indoor retail establishments that buy and sell used products, including books, clothing, furniture and household goods. The sale of cars and other used vehicles is included under "auto, mobile home, vehicle and parts sales."
Senior Citizen Congregate Care Housing. A structure serving as a residence for a group of senior citizens (sixty (60) years of age or more) with central or private kitchen, dining, recreational and other facilities, with separate bedrooms and/or living quarters. Limited medical care and supervision may also be provided, where the emphasis of the facility remains residential.
Service Station. A retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and minor repair services incidental to fuel sales. May also include: mini-markets and other food sales; accessory towing and trailer rental services, but not the sale, storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.
Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. Setbacks from private streets are measured from the edge of the easement. See also "yard."
Shopping Center. A structure or structures with at least five separate tenants or occupants whose combined gross floor area totals at least twenty thousand (20,000) square feet, where the director determines that the tenants or occupants are engaging in compatible uses, and which are located on a site where any underlying separate parcels are tied together by a binding legal agreement providing rights of reciprocal vehicular parking and access. Restaurant uses shall need exceed 10% of the gross floor area of a shopping center unless additional on-site parking is provided as required for the type of restaurant proposed.
Short-Term Vacation Rental (STVR). A privately owned single-family residential dwelling or condominium, as applicable, rented for a period of thirty (30) consecutive calendar days or less, for dwelling, lodging, or sleeping purposes, regardless of home-sharing and/or subletting arrangements. For the purposes of this chapter, non-monetary forms of compensation shall also qualify a property as a short-term vacation rental. This definition is inclusive of both hosted rental units and non-hosted rental units.
Shotgun. A firearm intended to discharge a load of small pellets typically intended for firing at short distances. Sign. See Chapter 16.38 (Signs).
Single Room Occupancy (SRO) (also known as an Efficiency Unit). Housing consisting of single room dwelling units typically with no more than 400 square feet of habitable space that is the primary residence of its occupant or
occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). Single-family Housing. A structure designed for and/or occupied exclusively by one family. Also includes factorybuilt housing (modular housing) units, constructed in compliance with the Uniform Building Code (UBC). Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.
facilities (and may contain both). Single-family Housing. A structure designed for and/or occupied exclusively by one family. Also includes factorybuilt housing (modular housing) units, constructed in compliance with the Uniform Building Code (UBC). Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.
Skilled Nursing-Short Term. A facility that provides, on a regular basis, personal care, including dressing and eating and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides. Unlike nursing homes or hospitals Skilled nursing-short term facilities provide only limited medical supervision, such as the administration of medication or medical treatment by qualified personal. Stays in a short term skilled nursing facility are limited to average stays of ninety (90) days or less.
Small Family Day-care Homes. See "child day care facilities."
Sober Living Home. A Sober Living Home is a residence or dwelling wherein three (3) or more rooms are, in exchange for monetary or non-monetary consideration, provided or rented to individuals under separate agreements or leases, either written or verbal, who reside in said residence or dwelling for the purpose of recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse. This definition is inapplicable to a residence that is licensed by the State of California as an alcoholism or drug abuse recovery or treatment facility which serves six (6) or fewer persons.
Sports Facilities and Outdoor Public Assembly. Indoor and outdoor facilities for spectator-oriented sports, and other public assembly facilities for outdoor theater, concerts" and events, which include: amphitheaters; arenas; drag strips; fairgrounds; field houses; motorcycle racing facilities; race tracks; stadiums and coliseums; and facilities for other sports that are considered commercial.
Stone and Cut Stone Products. Manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones.
Storage, Outdoor. The storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
Storage, Personal Storage Facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Also known as "mini-storage."
Story. A horizontal section of a building, with a single continuous or primarily continuous floor, including all rooms on the same floor or level of the building.
Street. A public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this subsection.
Structural Clay and Pottery Products. Manufacturing establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in "handcraft industries and small scale manufacturing" or "home occupations."
Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this development code, the term "structure" includes "buildings."
Studios, Professional. A facility designed and equipped to assist in the practice of a specialized activity and/or provide the means by which an individual or small group (less than 10) can create a product or improve one's skill in a
particular endeavor. Includes, but is not limited to, studios for: (1) the creation of works of art; (2) photography; (3) practicing, composing or recording of music; (4) acting; (5) writing; (6) dance; (7) design; and (8) the production of television, movies and other media.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
T. Definitions, "T". The following definitions are in alphabetical order.
Telecommunications Facilities. Public, commercial and private electromagnetic and photoelectrical trans-mission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, and data network communications; including commercial earth stations for satellite-based communications. Includes antennas, towers, commercial satellite dish antennas, and equipment buildings. Does not include.
Home television and radio receiving antennas, including satellite dish antennas of eighteen (18) inches or less in diameter, which are included under "residential accessory uses."
Telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections, which are included under "pipelines and utility lines."
Temporary Cargo Containers. It is a pre-manufactured metal shipping container or standardized, reusable vessel, designed without axle or wheels, that was originally designed and fabricated for, or used in, the packing, shipping, movement or transport of freight, articles, goods, or commodities from one location to another and that is delivered to a site as a fully assembled unit. The utilization of these units is limited for temporary construction activities. See Section 16.70.030.N (Temporary Cargo Containers) for additional details.
ls, that was originally designed and fabricated for, or used in, the packing, shipping, movement or transport of freight, articles, goods, or commodities from one location to another and that is delivered to a site as a fully assembled unit. The utilization of these units is limited for temporary construction activities. See Section 16.70.030.N (Temporary Cargo Containers) for additional details.
Temporary Residential Moving Containers. A storage container associated with moving activities at a residence. See Section 16.70.030.M (Temporary Residential Moving Containers) for additional details and parameters.
Textile Products. Manufacturing establishments engaged in performing any of the following operations: Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yarn, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles; and upholstery manufacturing. Theaters, Auditoriums and Meeting Halls. Indoor facilities for public assembly and group entertainment, other than sporting events, including: public and quasi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls and facilities for "live" theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses. Outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events are included under the definition of"sport facilities and outdoor public assembly."
Traffic Safety Sight Area. A triangular area on a corner parcel formed by measuring thirty-five (35) feet from the intersection of the front and street side property lines, and connecting the lines across the property. Trajectory. A path that a projectile travels from a firearm to the point of impact.
Transit Stations and Terminals. Passenger stations for vehicular and rail mass transit systems; also terminal
facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, and railway.
Transitional Housing and Transitional Housing Development. Buildings configured as rental housing
developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.
Tree Preservation. See Chapter 16.42 (Tree Preservation)
Two-family Housing/Duplexes. Attached multi-family housing structure under single or individual unit ownership containing two dwelling units in the same structure.
U. Definitions, "U".
Unit. See "Housing Unit."
Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
Use, Primary. See "Primary Use."
- V. Definitions, "V". The following definitions are in alphabetical order.
Variance. A discretionary entitlement that may waive or relax the development standards of this development code, in compliance with Chapter 16.72 (Variances).
Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to transportation including: freight forwarding services; transportation arrangement services; packing, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; and postal service bulk mailing distribution centers. Includes rail, air and motor freight transportation.
Vehicle Storage Facilities. Service establishments in the business of storing currently licensed and operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients. Includes both day use and long-term public and commercial garages, parking lots and parking structures, except when accessory to a principal use. (All principal uses are considered to include any customer or public use off-street parking required by these regulations.) Does not include dismantling yards (classified in “Recycling--Scrap and Dismantling Yards”).
Velocity. The speed that a projectile travels from a firearm to the point of impact.
Veterinary Clinics and Animal Hospitals. Office and medical treatment facilities where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. This use includes large and small animal veterinary clinics, and animal hospitals. Veterinary clinics and animal hospitals may have indoor kennel facilities for the temporary over-night keeping of animals needing medical care. Veterinary clinics and animal hospitals with outdoor and overnight kennel facilities shall be subject to the requirements for kennel and animal boarding facilities contained in Section 16.44.040 E.2.
W. Definitions, "W". The following definitions are in alphabetical order.
Warehousing. Facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public, which are included under "storage, personal storage facilities;" or warehouse facilities where the primary purpose of storage is for wholesaling and distribution (which is separately defined). Does not include terminal facilities for handling freight (classified in "Vehicle and Freight Terminals").
Wireless Communications Facilities. See Telecommunications Facilities.
Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies. Includes: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
X. Definitions, "X". No definitions beginning with the letter "X" are used at this time.
Y. Definitions, "Y".
Yard. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this development code. See Section 16.18.140 (Setback Regulations and Exceptions) and Figure 6-5 (Setbacks).
1. Front Yard. An area extending across the full width of the lot between the front lot line and the required setback.
2. Rear Yard. An area extending the full width of the lot between a rear lot line and the required setback.
3. Side Yard. An area extending from the front yard to the rear yard between the nearest side lot line and the
required setback.
Z. Definitions, "Z".
Zoning District. One of the zoning districts established by Section 16.06.010 (Zoning Districts Established), within which certain uses of land and structures are permitted or prohibited, and within which certain set-back, open space requirements, and height limits are established for structures by these regulations.
(Ord. 624-25 §§ 4-6, 2025; Ord. 610-24 § 21, 2024; Ord. 574-22, Exhibit B-3 (part), 2022;Ord. 565-21, Exhibit B (part), 2021; Ord. 561-20, Exhibit B (part), 2020; Ord. 559-20 § 9, 2020; Ord. 556, §§ 31-36, 2020; Ord. 538, Exhibit A (part), 2018; Ord. 537, Exhibit A (part), 2018; Ord. 492 Exhibit 12, 2014; Ord. 489 § 2, 2014; Ord. 482 § 2, 2013; Ord. 480 § 9, 2013; Ord. 455 § 2, 2011; Ord. 441-10 § 3, (part), 2010; Ord. 430-10 § 13, 2010; Ord. 427-09 § 7, 2009; Ord. 412 § 8, 2008;Ord. 388 §§ 4, 5, 6, 2007; Ord. 382 §§ 2, 3, 4, 2007; Ord. 377 § 2, 2006; Ord. 369 § 4, 2006; Ord. 337 § 11, 2005; Ord. 297 § 3, 2004; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)