16.18 General Property Development and Use Standards

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)

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.

1. 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).

2. 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)

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)

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:

1. Preserve and protect, those lands where agricultural uses and the keeping of livestock are allowed;

2. Support and encourage continued agricultural operations in the city: and

3. 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.

2. 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)

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.

2. 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.

3. 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:

4. Ambulance services;

5. Emergency operations centers (EOC's):

6. Hospitals and other emergency medical facilities;

7. Police, fire, and communications systems:

8. Power plants:

9. Sewage treatment plants;

10. Utility substations;

11. Water works;

12. Those uses which manufacture, handle, or store hazardous or explosive materials; and

13. 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)

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:

1. Immediately notify the fire department of any unauthorized release of hazardous substances and take steps necessary to control the release; and

2. 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:

1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;

2. A fifty (50) foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines, or easements; or

3. 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:

1. 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

2. 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)

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)

• A. Exterior Lighting. Exterior lighting shall be:

1. Architecturally integrated with the character of adjacent structure(s);

2. Directed downward and shielded so that glare is confined within the boundaries of the subject parcel;

3. Installed so that lights not blink, flash, or be of unusually high intensity or brightness.

4. 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)

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:

1. Provides at least approximate equivalence to the applicable specific requirements of this section; and

2. 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:

1. Buildings and structures;

2. Recreational facilities;

3. Parking lots;

4. Landscape lighting;

5. Outdoor advertising displays and other signs;

6. Street lighting on private streets; and

7. 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:

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:

1. The location of the site where the outdoor light fixtures will be installed;

2. Plans indicating the location and type of all outdoor fixtures on the site and the lighting patterns resulting therefrom;

3. 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.

1. 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.

2. All Class II lighting may remain on all night.

3. All Class III lighting shall be off between eleven (11:00) p.m. and sunrise.

4. 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.

5. 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)

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.

1. 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.

2. 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:

1. 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

2. 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)

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:

1. Fences or walls constructed within the height limitations of the development code;

2. 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

3. 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)

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.)

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.)

C. Location Requirements. Refuse and recyclable materials storage areas shall be located in the following manner:

1. 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.

2. 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;

3. 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;

4. Storage bins shall be screened in compliance with Section 16.180.120 (Screening and Buffering); and

5. 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:

1. Be compatible with the surrounding structures and land uses;

2. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;

3. 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;

4. Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable; and

5. 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)

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.

1. 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.

2. 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)

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)

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:

1. 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;

2. 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;

3. Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining lots; and

4. 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)