Chapter 18.02 — GENERAL PROVISIONS[[2]] — Rialto Zoning Code

Sections:

Footnotes:

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For statutory provisions relating to local planning, see Gov. Code § 65100 et seq.; for the provisions pertaining to the adoption and administration of zoning laws and ordinances and their implementation, see Gov. Code § 65850 et seq.

18.02.010 - Purpose. ¶

The zoning regulations and districts as herein set forth are made in accordance with a comprehensive plan and are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They are made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(1965 code Title XII, Ch. 2, § 1)

18.02.020 - Interpretation. ¶

In interpreting and applying the provisions of this title they are the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this title to interfere with or abrogate or annul any easement, covenant, or other agreement between parties. Where this title imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this title control.

(1965 code Title XII, Ch. 2, § 10)

18.02.030 - Regulations—Conformance required. ¶

The regulations specified in this title are subject to the general provisions and exceptions established by this chapter. Any use that is not permitted expressly by any provisions of this title shall be prohibited.

(1965 code Title XII, Ch. 3, § 1)

(Ord. No. 1453, § 1, 10-13-09; Ord. No. 1570, § 1, 8-9-16)

18.02.040 - Use—Limitation. ¶

Except as hereinafter provided, buildings or structures shall be erected, reconstructed, structurally altered, enlarged, moved or maintained and buildings, structures or land shall be used or designed to be used only for uses permitted in the zone in which such buildings, structure or land is located and then only after applying for and securing all permits and licenses required by all laws and the municipal code.

(1965 code Title XII, Ch. 3, § 2)

18.02.050 - Determination of uses. ¶

A.

A determination of whether a particular use is within the scope of permitted uses and allowable accessory uses in a particular zone shall constitute a "determination of use."

B.

The planning commission shall have authority to act on a determination of use.

C.

A person with an interest in real property located within a particular zone who intends to develop such real property with a use not expressly allowed in such zone shall apply to the planning commission for a determination of use provided that such use is not detrimental to the public health, safety and general welfare.

D.

The determination of the planning commission shall become final and thereafter control development within the particular zone unless such determination of use is appealed to the city council in accordance with Chapter 18.68 of the Rialto Municipal Code-Appeal.

(1965 code Title XII, Ch. 3, § 2)

(Ord. No. 1453, § 1, 10-13-09; Ord. No. 1570, § 1, 8-9-16)

18.02.060 - Regulations—Conflicting. ¶

Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or title then the provisions of this title govern.

(1965 code Title XII, Ch. 3, § 4)

18.02.070 - Public utility lines. ¶

The provisions of this title do not limit or interfere with the construction, installation, operation, and maintenance for public utility purposes, of water and gas pipes, mains and conduits, electric light and electric power transmission and distribution lines, telephone and telegraph lines, oil pipe lines, sewers and sewer mains, and incidental appurtenances.

(1965 code Title XII, Ch. 3, § 5)

18.02.080 - Newly annexed areas. ¶

Any area annexed to the city after the effective date of this title is automatically placed in the "R-1 A" single family zone, and remains in that zone until the land use zoning map for the area has been adopted by the planning commission and city council unless the commission and council determine the precise zoning as a part of the annexation procedure.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 3, § 6)

18.02.100 - Street access. ¶

Every dwelling shall face or have frontage upon a street or permanent means of access to a street by way of a public or private easement or passageway as required by the planning commission. Such easement shall be not less than ten feet in width.

(1965 code Title XII, Ch. 3, § 11)

18.02.110 - Wall requirements. ¶

Where any commercial or industrial use is permitted in a zone which adjoins a residential zone the residential zone shall be separated therefrom by a solid masonry wall six feet in height, provided that the wall shall not exceed three and one-half feet in height where it is in the front yard area of the adjoining residential zone.

(Ord. 1169 § 1 (part), 1992: 1965 code Title XII, Ch. 3, § 17)

18.02.120 - Enforcement authority. ¶

The city attorney, upon request of the city council, institutes any necessary legal proceedings to enforce the provisions of this title, and he/she is authorized, in addition to the remedy herein provided, to institute an action for an injunction to restrain, or any other appropriate action or proceedings to enforce such provisions.

(Ord. 1234 (part), 1995: Ord. 636 § 2, 1973; 1965 code Title XII, Ch. 2, § 11)

18.02.130 - Disclosures required by persons seeking permits or entitlements. ¶

All persons or business entities seeking any permit or entitlement from the city pursuant to the provisions of these zoning regulations shall disclose whether such person, entity or representatives or officers of the business entity is related to any officer or employee of the city by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, as such provisions may be amended from time-to-time. To this end, any such application shall prominently provide the following disclosure:

By submitting and signing any/this application, the applicant hereby attests under penalty of perjury, both on behalf of the entity submitting the application as well as its officers, representatives and the

undersigned, that it/they have no financial interests, as such term is defined in California Government Sections 87100 et seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, whether written or verbal, with any City of Rialto elected or appointed official or employee, except as specifically disclosed in the space provided immediately below in this application: _______ [insert any applicable city official/employee names]. The nature of the relationship with the person listed above is _______.

(Ord. No. 1572, § 3, 9-13-16)

Chapter 18.03 - OFFICIAL MAP

Sections:

18.03.010 - Official map—Designated. ¶

The zoning map contained in Chapter IV of Specific Plan No. 1 for the Rialto central area shall be the official Land Use Zoning Map for the area delineated thereon.

(Ord. 887 § 1, 1983)

18.03.020 - Development standards. ¶

The development standards contained in Chapter V of the specific Plan No. 1 for the Rialto central area shall regulate land uses, and construction and alteration of structures within the planning area.

(Ord. 887 § 2, 1983)

18.03.030 - Changes, additions and deletions.

Any future changes, additions or deletions affecting the regulations adopted in Sections 18.03.010 and 18.03.020 shall be in accordance with Chapter 18.78 of this code.

(Ord. 887 § 3, 1983)

Chapter 18.04 - DEFINITIONS

18.04.010 - Construction. ¶

For the purpose of carrying out the intent of this title, the following words, phrases and terms have the meaning ascribed to them in this section.

Words used in the present tense include the future. Words in the singular number include the plural. Words in the plural number include the singular. "Shall" is mandatory.

"City council" means the city council of the city of Rialto; "commission" and "planning commission" mean the planning commission of the city of Rialto, and "city" means the city of Rialto.

(1965 code Title XII, Ch. 2, § 2)

18.04.020 - Accessory building.

"Accessory building" means a detached subordinate building the use of which is incidental to that of the main building or main use of the land on the same lot. A garage attached to the main building is considered a part of the main building.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.030 - Accessory living quarters.

"Accessory living quarters" mean living quarters within an accessory building for the sole use of persons employed on the premises or for temporary use by guests of the occupants of the premises, having no kitchen or cooking facilities and not rented or otherwise used as a separate dwelling.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.040 - Accessory use.

"Accessory use" means a use incidental and subordinate to the principle use of a lot or building located upon the same lot as the accessory use.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.050 - Airport. ¶

"Airport" means any area which is used or is intended to be used for the taking-off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxi-ways and tiedown areas.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.060 - Alley.

"Alley" means a public way at the rear or side of property, not exceeding thirty feet in width for the use of pedestrians and/or vehicles, which affords only a secondary means of access to the abutting property.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.070 - Apartment.

"Apartment" means a room or suite of rooms in a multiple dwelling, designed for, intended for, suitable as a residence for and/or occupied by one household unit.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.080 - Apartment hotel.

"Apartment hotel" means a building or any portion thereof, designed for, or containing both individual guest rooms or suites of rooms and dwelling units.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.090 - Apartment house.

For "apartment house," see "dwelling, multiple," Section 18.04.270.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.095 - Arcade, amusement.

"Amusement arcade" means any building or portion thereof in which there are located, installed or placed more than five amusement machines required to be licensed under Section 5.04.130 of this code.

(Ord. 849 (part), 1982)

18.04.100 - Auto and/or trailer camp.

"Auto and/or trailer camp" means land or premises used or intended to be used, let or rented for camping purposes by two or more camping parties, trailers, tents, trailer coaches or movable or temporary dwellings.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.110 - Automobile and trailer sales area.

"Automobile and trailer sales area" means an open area used for the display, sale or rental of new or used automobiles or trailers, and where repair work is limited to minor incidental repair of automobiles or trailers to be displayed, rented or sold on premises.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.120 - Automobile service station.

"Automobile service station" means any building, structure, premises, or other place used primarily for the serving of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies relating to the servicing of motor vehicles, sale of gasoline and lubricants, automobile washing (not including automatic car wash) and grease racks, but excluding automobile repairs, body and fender works, engine overhauling and other similar activities.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.130 - Automobile wrecking.

"Automobile wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or partially dismantled, obsolete or wrecked vehicles or their parts. (1965 code Title XII, Ch. 2, § 3 (part))

18.04.140 - Basement.

"Basement" means a space wholly or partly underground, and having more than one-half of its height, measuring from its floor to its ceiling, below the average adjoining grade; if the finished floor level directly above a basement is more than six feet above grade at any point, such basement is considered a story.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.150 - Boarding house.

"Boarding house" means a dwelling or portion thereof consisting of not more than five guest rooms and where lodging and/or meals are provided for five but not more than fifteen persons, not including members of the occupant's immediate family who might be occupying such building, and not including rest homes.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.160 - Building.

"Building" means a permanently located structure having a roof, but excluding all forms of vehicles, even if immobilized.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.170 - Building height. ¶

"Building height" means the vertical distance from the average finished ground level of the site covered by the building to the highest point of the structure exclusive of chimneys and ventilators.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.180 - Building, main.

"Main building" means a building within which is conducted the principal use permitted on the lot, as provided by this title.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.190 - Building site. ¶

"Building site" means the ground area occupied or to be occupied by a building or group of buildings together with all open spaces as required by this title.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.200 - Carport.

"Carport" means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.205 - Cash for gold facility.

"Cash for gold facility" means an establishment that is in the business of accepting gold, silver, and other precious metals primarily from jewelry, in exchange for monies.

(Ord. No. 1524, § 1, 3-26-13)

18.04.210 - Cemetery.

"Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.220 - Club, private.

"Private club" means an association of persons, whether incorporated or unincorporated, for some common purpose but not including groups organized primarily to render a service carried on as a business.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.230 - Court.

"Court" means an open, unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.240 - Duplex.

For "duplex," see "dwelling, two family," Section 18.04.290.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.250 - Dwelling.

"Dwelling" means a building or portion thereof designed exclusively for residential purposes, including one family, two family and multiple family dwellings, but not including hotels, boarding and lodging houses.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.260 - Dwelling group. ¶

"Dwelling group" means a group of two or more detached buildings used or intended to be used as one family, two family or multiple family dwellings located on a single lot, together with all of the open spaces required by this title, but not including tourist courts, motor courts or motels or any other commercial uses.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.270 - Dwelling, multiple family.

"Multiple family dwelling" means a building or portion thereof used and/or designed as a residence with separate and independent dwelling units.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.280 - Dwelling, one family.

"One family dwelling" means a detached building designed and/or used as a single dwelling unit with no use other than as a residence.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.290 - Dwelling, two family.

"Two family dwelling" means a building designed and/or used with two dwelling units, with each dwelling unit a separate and independent residence with no use other than as a residence.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.300 - Dwelling unit.

"Dwelling unit" means a building or portion thereof used and/or designed for human occupancy for living, eating or sleeping purposes and having at least one kitchen in conformance with the Uniform Housing Code.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.310 - Educational institution.

"Educational institution" means a school, college or university, supported wholly or in part by public funds and other colleges, universities or other schools which offer instructions in several branches of learning and study as prescribed by the California State Board of Education.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.314 - Emergency shelter.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay; as defined and used in Section 50801(e) of the California Health and Safety Code or as may be amended.

(Ord. No. 1499, § 1, 2-14-12; Ord. No. 1642, § 2, 7-14-20)

18.04.315 - Entertainment establishment.

"Entertainment establishment" means any live entertainment, dancing, nightclubs, comedy clubs and entertainment clubs, unless such use is clearly incidental to a sit-down restaurant or other nonentertainment oriented use. This definition does not include any "adult use" or "adult business" as defined in Chapter 18.105.

(Ord. 1275 § 1, 1998)

18.04.320 - Family.

"Family" means one or more persons living together as a single nonprofit housekeeping unit in a dwelling unit in conformance with the Uniform Housing Code.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.330 - Front wall.

"Front wall" means the wall of a building or structure nearest the street upon which the building fronts, but excluding certain architectural features as cornices, canopies, eaves, or embellishments.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.340 - Garage, private.

"Private garage" means an accessory building or an accessory portion of the main building designed and/or used for the shelter or storage of vehicles of the occupants of the main building.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.350 - Grade. ¶

"Grade" means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.360 - Guest house.

For "guest house," see "accessory living quarters," Section 18.04.030.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.370 - Guest room.

"Guest room" means a room which is designed and/or used by one or more nonpaying guests for sleeping purposes, but in which no provision is made for cooking.

(Ord. 1376 § 1 (part), 2005: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.380 - Half story. ¶

"Half story" means a story under a gable, hip or gambrel roof, plates of which are not more than two feet above the floor of such story.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.390 - Home occupation. ¶

"Home occupation," as used in this title, means the accessory use, business or commercial in nature, of a residential dwelling unit by the person or persons residing therein. Such use must be clearly incidental and secondary to the principal use of the structure for dwelling purposes, must not alter the residential character of the dwelling unit or the character of the surrounding neighborhood, and must fully comply with all of the provisions contained in Chapter 5.68.

(Ord. 1300 § 2, 1999: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.400 - Hospital. ¶

"Hospital" means any building or portion thereof used for the accommodation and medical care of sick, injured or deformed persons and including sanitariums, rest homes, homes for the aged, alcoholic sanitoriums, institutions for the cure of chronic drug addicts and mental patients.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.410 - Hotel.

"Hotel" means a building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.420 - Junkyard. ¶

"Junkyard" means primary or accessory use of a parcel of land for the storage, dismantling or selling of cast-off or salvage material of any sort in other than the original form in which it was manufactured and/or assembled and not including reconditioned secondhand furniture or fixtures sold from within a walled building.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.430 - Kennel. ¶

"Kennel" means any lot or premises on which more than three dogs at least four months of age are kept, boarded or trained.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.440 - Kitchen. ¶

"Kitchen" means any room, all or any part of which is designed and/or used for cooking and the preparation of food.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.450 - Loading space. ¶

"Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.460 - Lot.

"Lot" means:

A.

A parcel of land with a separate and distinct number or other designation shown on a plot recorded in the office of the county recorder of San Bernardino County;

B.

A parcel of real property delineated on an approved record of split filed in the office of the planning commission and abutting at least one street; or

C.

A parcel of real property containing not less than five thousand square feet abutting at least one public street and held under separate ownership from adjacent property prior to the effective date of the ordinance codified in this title.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.470 - Lot area.

"Lot area" means the total horizontal area included within lot lines of a lot.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.480 - Lot, corner. ¶

"Corner lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines, provided that the angle of intersection does not exceed one hundred thirtyfive degrees.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.490 - Lot depth.

"Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.500 - Lot frontage.

"Lot frontage" means the dimension of lot or portion of a lot abutting on a street, except the side of a corner lot.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.510 - Lot, interior.

"Interior lot" means a lot other than a corner lot.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.520 - Lot, key.

"Key lot" means the first lot to the rear of a reversed corner lot and not separated by an alley.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.530 - Lot line, front.

"Front lot line" means in the case of an interior lot, a line separating the lot from a street or place; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.540 - Lot line, rear.

"Rear lot line" means a line which is opposite and most distant from the front lot line, and, in the case of an irregular, triangular or goreshaped lot, a line within the lot at least ten feet in length parallel to and at the maximum distance from the front lot line.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.550 - Lot line, side.

"Side lot line" means any lot line other than the front or rear lot lines.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.560 - Lot, reversed corner.

"Reversed corner lot" means a corner lot which rears upon the side of another lot, whether or not across an alley.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.570 - Lot, through.

"Through lot" means a lot having frontage on two parallel or approximately parallel streets.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.580 - Lot width.

"Lot width" means the average horizontal distance between side lot lines measured at right angles to the lot depth.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.585 - Reserved.

Editor's note— Ord. No. 1594, § 5(A), adopted November 14, 2017, repealed § 18.04.585, which pertained to the definition of a medical marijuana dispensary and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.04.590 - Motel.

"Motel" means a building or group of two or more detached, semidetached buildings containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended or used primarily for the accommodation of automobile travelers, including groups designated as auto cabins, motor courts, tourist courts, and similar designations.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.600 - Nonconforming structure.

"Nonconforming structure" means a building lawfully existing at the time of the adoption of this title which does not conform to the regulations for the district in which it is located as set forth in this title.

(Ord. 1376 § 1 (part), 2005: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.610 - Nonconforming use.

"Nonconforming use" means a lawful use of a building or land, or any part thereof, existing at the time of the adoption of this title which does not conform to the regulations for the district in which it is located as set forth in this title.

(Ord. 1376 § 1 (part), 2005: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.620 - Parking space, automobile.

"Automobile parking space" means space within a public or private parking area or in a building for the temporary parking or storage of one automobile according to standards adopted by the planning commission.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.625 - Parolee.

[Parolee] shall mean one of the following:

"Parolee, Federal" means an individual convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a federal parole officer.

"Parolee, State Adult" means an individual who is serving a period of supervised community custody, as defined in 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.

"Parolee, Youth Authority" means 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.

(Ord. No. 1463, § 2, 4-13-10)

18.04.630 - Radiator repair.

"Radiator repair" means dismantling, cleaning, repairing and reassembling a radiator of any automobile or other vehicle driven to the premises. All radiators from wrecked or nonoperative automobiles or other motor vehicles are removed at the garage in which the automobile or other motor vehicle is being restored and the radiator only is brought to the premises for repair, returning same back to garage when work is finished.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.640 - Rest homes.

"Rest homes" means a building where lodging and meals, and nursing, dietary or other personal services are rendered to convalescents, invalids, or aged persons, for compensation, but excluding cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in sanitariums and hospitals.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.650 - Rooming house.

For "rooming house," see "boarding house," Section 18.04.150.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.655 - Room and board facility.

"Room and board facility" means a residence or dwelling, other than a hotel or motel, wherein one or more rooms, with or without individual or group cooking facilities, are rented, leased or subleased to individuals under separate rental agreements, leases or subleases, either written or oral, whether the owner resides at the residence or dwelling or does not reside at the residence or dwelling, but excluding residential, community or group care facilities.

(Ord. 1376 § 1 (part), 2005)

(Ord. No. 1463, § 2, 4-13-10)

18.04.660 - School.

For "school," see "educational institution," Section 18.04.310.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.670 - Sign.

"Sign" means any words, letters, figures, numerals, emblems, artwork, pictures, paintings, designs, or other marks shown on any card, cloth, paper, metal, glass, wood, plaster, stone or other surface or device of any kind or character by which anything is made known or communicated and used to attract attention or communicate a message to any individual by visual images, and not otherwise defined by statute, ordinance, or regulation as graffiti.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 3 (part))

18.04.680 - Story.

"Story" means that portion of a building included between the surface of any floor and the surface of any floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.690 - Story, half.

"Half-story" means a story with at least two of its opposite sides meeting a sloping roof, not more than two feet above the floor of such story.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.700 - Street.

"Street" means a public thoroughfare which affords the principal means of access to abutting property, other than an alley.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.710 - Structure.

"Structure" means anything constructed or built, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.720 - Structural alterations. ¶

"Structural alterations" means any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams or girders, floor joists or roof joists, roof rafters, foundations, piles or similar components.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.721 - Supportive housing. ¶

"Supportive housing" means 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 their health status, and maximizing their ability to live and, when possible, work in the community; as defined by Section 50675.14 of the California Health and Safety Code.

(Ord. No. 1642, § 2, 7-14-20)

18.04.725 - Target population. ¶

"Target population" means persons, including persons with disabilities, and families who are "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by paragraph (2) of subdivision (e) of Section 12957 of the Government Code or individuals and families currently residing in supportive housing meet the definition of "target population" if the individual or family was "homeless," as that term is defined by Section 11302 of Title 42 of the United States Code, when approved for tenancy in the supportive housing project in which they currently reside as defined in Section 50675.14 of the California Health and Safety Code or as may be amended.

(Ord. No. 1642, § 2, 7-14-20)

18.04.730 - Trailer, automobile. ¶

"Automobile trailer" means a vehicle designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property including a trailer coach, house trailer, and for this chapter including self-propelled vehicles used for human habitation.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.735 - Transitional housing. ¶

"Transitional housing" means temporary rental housing intended for occupancy by target populations transitioning to permanent housing that is operated under program requirements calling for the termination of assistance and recirculation of the assisted units to another eligible program recipient at some

predetermined future point in time, which shall be no less than six months as defined in Section 50675.2(h) of the California Health and Safety Code or as may amended.

(Ord. No. 1499, § 1, 2-14-12; Ord. No. 1642, § 2, 7-14-20)

18.04.740 - Use.

"Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.750 - Yard.

"Yard" means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.760 - Yard, front.

"Front yard" means a yard extending across the front of the lot between the main building and the front lot lines; depth of the required front yard to be measured horizontally from the nearest part of a main building toward the nearest point of the front lot line.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.770 - Yard, rear.

"Rear yard" means a yard extending across the full width of the lot between the main building and the rear lot line; depth of the required rear yard to be measured horizontally from the nearest part of a main building toward the nearest part of the rear lot line.

(1965 code Title XII, Ch. 2, § 3 (part))

18.04.780 - Yard, side.

"Side yard" means a yard between a main building and the side lot line and in case of a corner lot including that part of the rear yard between the side lot line on the street side and the main building line extended.

(1965 code Title XII, Ch. 2, § 3 (part))

Chapter 18.06 - ZONES

Sections:

18.06.010 - Land use zoning map.

The zones established in this title and the boundaries of these zones are shown on the "land use zoning map" maintained by the director of development services and located in the office of the director of development services.

B.

The "land use zoning map" referred to herein is incorporated by reference in this title as if the matters and information were fully described herein.

C.

Where uncertainty exists as to the boundaries of any zones shown on the "land use zoning map," the following rules apply:

1.

Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines are the boundaries.

2.

In unsubdivided property and where a zone boundary divides a lot, the locations of such boundaries, unless indicated by dimensions, are determined by use of the scale appearing on the map.

3.

Where any uncertainty exists, the planning commission determines the location of boundaries.

4.

Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts apply to such vacated or abandoned street or alley.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 2, § 4)

18.06.020 - Adoption of boundaries and regulations. ¶

The boundaries of the zones as shown upon the "land use zoning map" are adopted and the specific regulations as hereinafter set forth for each zone and the general regulations applicable therein are established and declared to be in effect upon all lands included within the boundaries of each and every zone as shown upon the "land use zoning map."

No land shall be used, and no building or structure erected, constructed, enlarged, altered, moved, or used in any zone as shown upon the "land use zoning map," except in accordance with the regulations established by this title.

(1965 code Title XII, Ch. 2 § 5)

18.06.030 - Change procedure. ¶

Wherever the public necessity, convenience, general welfare, or good zoning practice require, the city council may, by ordinance or resolution according to the state law, after report thereon by the planning commission, amend the boundaries of the zones established by this title through the following procedure:

A.

Initiation of Proceedings. Such change may be initiated by the city council, city planning commission, or owner or bona fide agent of the owner of the property within the area proposed to be changed. Applications shall be filed with the planning division upon forms provided by the planning division for this purpose.

B.

Filing Petition. An application filing fee in the amount prescribed by resolution of the city council shall be paid to the city upon the filing of each petition for zone change to defray the administrative costs and actual expenses of processing the petition. Any and all petitions, in accordance with the provisions of this section, must be filed with the planning division not fewer than thirty days prior to the date set for the hearings of said petition.

C.

Hearings on Petition. The planning commission shall hold at least one public hearing upon the matters referred to in such petition and thereupon within forty days of the hearing shall make a determination and report thereof to the city council. The city council shall set the matter for public hearing within not more than forty days following receipt of the report from the planning commission.

D.

Publication and Public Notice. Notification of the public hearing on the adoption of the proposed zoning ordinance or amendment to the zoning ordinance shall be given pursuant to Sections 65090 to 65096, inclusive, of the State Government Code.

(Ord. 1234 (part), 1995: Ord. 1169 § 1 (part), 1992: Ord. 705 § 1, 1976; Ord. 625 § 1, 1972; 1965 code Title XII, Ch. 2, § 6)

18.06.040 - Redevelopment agency applications. ¶

The redevelopment agency and the Rialto housing authority shall, in addition to other persons specifically authorized in Titles 17 and 18 of this code, be authorized to apply for changes to the general plan and official zoning map, and to apply for specific plan, precise plan of design, variances, subdivision maps, parcel maps, administrative adjustments, environmental assessment reviews, and any other development standards and approvals under Titles 17 and 18 of this code, with respect to any real property located within the territorial boundaries of the redevelopment agency of the city of Rialto ("Redevelopment

Agency") or within the territorial boundaries of the Rialto housing authority as applicable, regardless of whether or not the redevelopment agency is the owner of the affected real property. In the event that the redevelopment agency does not own the real property so affected, such change or approval shall not become effective, and the approved subdivision map or parcel map shall not be filed for recording, until

and unless the redevelopment agency or another person or entity designated by the redevelopment agency acquires title to such real property.

(Ord. 1412 § 1, 2007)

Chapter 18.08 - A-1 AGRICULTURAL ZONE

Sections:

18.08.010 - Regulations established. ¶

The regulations established by this chapter apply in the A-1, agricultural zone, unless otherwise provided by this title.

(1965 code Title XII, Ch. 4, § 1)

18.08.020 - Permitted uses.

Uses permitted are as follows:

A.

Farms or ranches for orchards, tree crops, field crops, truck gardening, berry and bush crops, flower gardening, nurseries, aviaries, and mushroom farms and other similar enterprises carried on in the general field of agriculture;

B.

Commercial poultry and rabbit raising; provided that no killing or dressing is permitted other than the poultry or rabbits raised on the premises and that such killing or dressing is done in an accessory building;

C.

The grazing, raising or training of horses, riding stables or academies, dog kennels or boarding of dogs or cats, sheep and cattle; provided that not more than a total of two of any of the following or a total of two of any combination of horses, colts, mules, ponies, goats, sheep, cows, calves, or animals of general like character are kept on any lot with an area less than one acre and that one additional animal may be kept for each half acre over one acre in any such premises; providing no dairies or feeding lots are permitted;

D.

Hogs (none garbage fed) with a maximum number of such animals not to exceed five;

E.

Buildings and enclosures for fowl or other animals permitted in subsections B, C or D of this section, when placed on any given parcel of land, shall be placed at least forty feet from dwellings on the parcel and a minimum of seventy feet from any other place used for human habitation, or public park, or school. In the event a dwelling or other place for human habitation is constructed on a parcel adjoining a parcel which

contains an existing animal building or enclosure, when the place of human habitation is consistent with development standards of the applicable zone but is located at a distance less than the minimum separation distance required by this section, the existing animal building or enclosure may continue as a nonconforming use, subject to provisions and requirements of Chapter 18.60 of this title;

F.

The keeping of bees provided that no hive or box where bees are kept is nearer than two hundred feet to any dwelling other than the dwelling of the owner of such bees;

G.

One family dwellings which conform to R-1A zone regulations as set forth in Chapter 18.10;

H.

Private garages, the capacity of which shall not exceed three automobiles;

I.

Accessory uses and structures customarily incidental to any permitted residential use, such as servant's quarters, garages, greenhouses, or workshops, provided that none are rented or occupied for gain, provided that no accessory building to be used for living quarters is constructed upon a plot until the construction of the main building has been commenced and no accessory building has been used for living quarters. Where a dwelling exists, prior to the passage of this title, on the rear half of the lot and at least seventy-five feet back of the front property line, an additional dwelling may be constructed and maintained on the front half of the lot;

J.

Home occupations subject to commission review and approval; provided that the commission may establish conditions under which the use may be operated;

K.

Maintaining mail address for commercial and business license purposes only, provided no stock in trade, supplies, professional equipment, apparatus or business equipment are kept on the premises, and provided that no employees or assistants are engaged for services on the premises;

L.

Public buildings and uses such as schools offering full curricula as required by state law, libraries, museums, parks, playgrounds, community centers, fire and police stations;

M.

The incidental keeping of nontransient boarders or lodgers by a resident family;

N.

Electric vehicle charging stations, in accordance with Chapter 15.64 of the code.

O.

Supportive housing, as defined in Section 18.04.721 of the Rialto Municipal Code.

P.

Transitional housing, as defined in Section 18.04.735 of the Rialto Municipal Code.

Q.

Other uses which are subject to a conditional development (See Chapter 18.66).

(Ord. 1234 (part), 1995: Ord. 997 § 1, 1987; 1965 code Title XII, Ch. 4, § 2)

(Ord. No. 1597, § 4, 11-28-17; Ord. No. 1642, § 3, 7-14-20)

18.08.030 - Lot, yard and height requirements.

A.

Lot area is one acre, forty-three thousand five hundred sixty square feet.

B.

Lot width is one hundred twenty feet.

C.

Building height limit is same as R-1 A zone.

D.

Front yard is same as R-1 A zone.

E.

Side yard is same as R-1 A zone.

F.

Rear yard is same as R-1 A zone.

G.

When a lot has an area, width, or depth less than required by this title and was held under separate ownership or was of record at the time this title became effective, such lot may be occupied by any use permitted in the zone, subject to the regulations therein.

(1965 code Title XII, Ch. 4, § 3)

18.08.040 - Signs. ¶

One unlighted single or double-faced sign, which does not exceed twelve square feet in area per face, and pertains only to the sale, lease or hire of the premises or of the products produced upon the premises shall be permitted, otherwise, requirement shall be same as R-1 A zone.

(1965 code Title XII, Ch. 4, § 4)

18.08.050 - Off-street parking.

Off-street parking requirements shall be the same as the requirements for single-family residential uses in Chapter 18.58.

(Ord. 1057 § 2(1), 1989: 1965 code Title XII, Ch. 4, § 5)

18.08.060 - Fences, hedges and walls.

For fences, hedges and walls, see Section 18.56.030.

(1965 code Title XII, Ch. 4, § 6)

Chapter 18.10 - R-1 SINGLE FAMILY ZONES

Sections:

18.10.010 - Regulations established.

The regulations established by this chapter apply in any R-1 single family zone, unless otherwise provided by this title.

(Ord. 1376 § 1 (part), 2005: 1965 code Title XII, Ch. 5, § 1)

18.10.020 - Permitted uses.

Uses permitted in the R-1 A zone are as follows:

A single one-family dwelling of a permanent character, placed in a permanent location on each lot.

B.

Private garages, the capacity of which shall not exceed three automobiles.

C.

Accessory uses and structures customarily incidental to any permitted residential use, such as garages, greenhouses and workshops, provided, that none are rented or occupied for gain, and provided further, that no accessory building to be used for living quarters.

D.

Home occupations, subject to review and approval in accordance with the provisions set forth in Chapter 5.68; provided, such uses fully comply with the regulations set forth in Chapter 5.68 and any other additional conditions imposed upon the home occupation permit by the director of development services or the planning commission.

E.

Private greenhouses and horticultural collections.

F.

Public buildings and uses such as schools offering full curricula as required by state law, libraries, museums, parks, playgrounds, community centers, fire and police stations.

G.

Room and board facilities are permitted subject to the approval of a conditional development permit:

1.

All room and board facilities shall meet the requirements of Title 18, this section and require the approval of a conditional development permit issued in accordance with the provisions of Chapter 18.66 and a city business license prior to establishing the room and board facility.

2.

All room and board facilities shall comply with the parking requirements of Chapter 18.58 of the Rialto Municipal Code.

3.

No more than one federal, state or youth authority parolee shall be allowed to live in a room and board facility.

4.

The application submitted for approval of a room and board facility shall identify whether any boarders are currently federal, state or youth authority parolees. Owners and/or operators or approved room and board facilities shall update the information required by this section anytime a person that is federal, state or youth authority parolee is provided accommodation in the approved room and board facility.

5.

All room and board facilities shall require boarders to sign a "crime free lease addendum" to their lease or rental agreement. The "crime free lease addendum" shall provide that any criminal violations perpetrated by boarders shall be grounds for termination of the written or oral lease, sublease or agreement, as reviewed and approved by the police chief or his/her designee.

6.

Room and board facilities shall be in compliance with all requirements of this section and this title prior to the issuance of a conditional development permit authorizing the use and at all times after issuance of a conditional development permit. Violation of any local, state or federal laws by individual boarders, while on the premises shall be grounds for revocation of the permit, including but not limited to residential restrictions imposed on parolees by Penal Code Sections 3003(f), (g) and (i) and 3003.5.

7.

No room and board facility shall be maintained as a nuisance.

8.

Violations of any of the provision in this section shall be grounds for revocation of the conditional development permit authorizing the room and board facility use. The revocation procedures pertaining to revocations of conditional use permits shall be followed.

9.

Room and board facilities existing prior to the effective date of the ordinance creating this section shall be required to comply with the requirements of this section within six months of the effective date.

10.

The owner/operator of any room and board facility shall notify, in writing, all board and occupants of the identity of any: (1) federal, state or youth authority parolee; or (2) person who is required to register pursuant to Penal Code Section 290, who is residing at such room and board facility.

H.

The keeping of the following domesticated animals for noncommercial uses:

1.

Dogs and cats, not to exceed a total of four in combined number of weaned dogs and/or cats; provided, that the total number of dogs shall not exceed three in number. A weaned animal shall be defined as an animal that is four months of age or older.

2.

N.

Transitional housing, as defined in Section 18.04.735 of the Rialto Municipal Code.

Two-unit project, as defined in Section 18.113.020 of the Rialto Municipal Code.

(Ord. 1402 § 1, 2007: Ord. 1376 § 1 (part), 2005; Ord. 1347 § 1, 2004; Ord. 1300 § 3, 1999; Ord. 1239, 1996: Ord. 1234 (part), 1995: Ord. 1212 § 1, 1994; Ord. 1117, 1990; Ord. 1082 § 1, 1989; Ord. 1056 § 1, 1989: Ord. 961 (part), 1986; Ord. 618 § 1, 1972; Ord. 591 § 1, 1969; 1965 code Title XII, Ch. 5, § 2)

(Ord. No. 1463, § 3, 4-13-10; Ord. No. 1590, § 1, 6-13-17; Ord. No. 1597, § 5, 11-28-17; Ord. No. 1640, § 2, 7-14-20; Ord. No. 1641, § 3, 7-14-20; Ord. No. 1642, § 4, 7-14-20; Ord. No. 1645, § 3, 7-14-20; Ord. No. 1665, § 3(Exh. B, § 2), 2-8-22)

18.10.030 - Lot, yard and height requirements.

Lot area is eight thousand four hundred square feet.

B.

Lot width is eighty feet.

Lot depth is one hundred feet.

D.

Building height limit is two and one-half stories, and not exceeding thirty-five feet.

E.

Front yard is twenty-five feet. Where lots comprising fifty percent or more of the frontage on one side of a street between intersecting streets are developed with front yards of a greater depth, the average of such front yard establishes the front yard depth for the entire frontage of that side of the street and within that block.

F.

Side yard requirements are as follows:

1.

On interior lots there shall be a side yard on each side of the main building of not less than ten percent of the width of the lot, but need not exceed five feet nor may it be less than three feet.

2.

On corner lots, the side yard abutting the street shall be twenty percent of the width of the lot, but need not exceed fifteen feet nor may it be less than ten feet. The interior side yard shall be as for interior lots.

3.

On a reversed corner lot, the side yard abutting the street shall be not less than one-half of the distance required for front yards on interior lots to the rear of such reversed corner lot.

4.

Private garages located in the side yard and opening into the street shall be at least eighteen feet from the side property line.

5.

Interior side yards for each story above the second shall be increased by two feet.

G.

Rear yard requirements are as follows:

1.

Twenty feet except as otherwise provided for accessory buildings;

2.

In the case of corner lots only, a portion of the main structure may extend into the rear yard area provided that the average rear yard of the main structure be not less than twenty feet.

H.

For location of accessory buildings, see Section 18.54.030.

I.

Maximum building coverage is thirty percent of the lot area.

J.

Median and average dwelling size shall be not less than one thousand six hundred square feet, with a minimum dwelling size of one thousand four hundred forty square feet, exclusive of garages, porches, eaves or similar features.

K.

(Ord. 880 § 1 (part), 1983; Ord. 681 § 1 (part), 1975; 1965 code Title XII, Ch. 5, § 3)

18.10.040 - Signs.

For signs, see Section 18.102.060(D).

(Ord. 1234 (part), 1995: Ord. 681 § 1 (part), 1975: Ord. 624 §§ 1—4, 1972; Ord. 618 § 2, 1972; Ord. 600 § 1, 1971; Ord. 561 § 1, 1967; Ord. 540 § 1, 1966; 1965 code Title XII, Ch. 5, § 4)

18.10.050 - Off-street parking.

For off-street parking requirements, see Chapter 18.58.

(Ord. 1057 § 2, 1989: Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 5, § 5)

18.10.060 - Fences, hedges and walls.

For fences, hedges and walls, see Section 18.56.030.

(Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 5, § 6)

18.10.070 - Accessory dwelling units.

A.

Intent. To the extent permissible by law, and pursuant to Government Code Section 65852.2 et seq., this section regulates the development of accessory dwelling units, including junior accessory dwelling units and efficiency units, while maintaining and preserving the essential characteristics of the single-family and multi-family residential zones in which they are located.

B.

Definitions. For purposes of implementing this section the following terms are defined as:

1.

"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is situated. An accessory dwelling unit also includes the following:

a.

An efficiency unit, as defined in Section 17958.1 of Health and Safety Code; or

b.

A manufactured home, as defined in Section 18007 of the Health and Safety Code; or

c.

A junior accessory dwelling unit, as defined by Government Code Section 65852.22, which means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

2.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics but does not include a garage or any accessory structure.

3.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

C.

Applicability. Accessory dwelling units shall be a permitted use on all lots in single-family and multi-family residential zones. Accessory dwelling units may be attached to, or located within a proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or may be detached from the proposed or existing primary dwelling. Accessory dwelling units must be on the same lot as the proposed or existing primary dwelling.

D.

Approval; Timeframe. Accessory dwelling units require the submittal of a development application to the community development department. Applications for an accessory dwelling unit must be ministerially approved or denied within sixty days, without a hearing, after an application satisfying the following is deemed complete:

1.

The unit is in any zone where single-family or multi-family dwellings are a permitted use.

2.

The unit is on any lot with an existing single-family or multi-family dwelling.

If the application for an accessory dwelling unit is submitted with an application to create a new singlefamily dwelling on the lot, the city may delay acting on the application for the accessory dwelling unit until it acts on the application for the new single-family dwelling. The accompanying application for the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.

E.

Location. The city may designate areas within its jurisdiction where accessory dwelling units may be permitted or prohibited, based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety.

With respect to a lot, accessory dwelling units shall be located at the rear or the side of the primary unit unless it is demonstrated to the satisfaction of the director of community development that the accessory dwelling unit can only be located in front of the primary unit due to extraordinary or physical constraints of the lot.

F.

Independent Living Facility. The accessory dwelling unit shall provide for complete independent living facilities for one or more persons, including permanent provisions for living, access, sleeping, eating, cooking and sanitation.

G.

Design Compatibility. The accessory dwelling unit shall be designed in a style which is architecturally compatible with the primary structure and structures in the immediate neighborhood. It shall not detract from the nature and character of the established neighborhood or primary structure in terms of architectural style, exterior materials and finishes, scale, location, or pattern of development.

H.

Occupancy. The accessory dwelling unit may be occupied without occupancy limitations, but if rented, such rental shall be for a period greater than thirty days. Owner occupancy shall not be required of either the primary unit or the accessory dwelling unit. In the case of a junior accessory dwelling unit owner occupancy shall be required of either the primary unit or the junior accessory dwelling unit.

I.

Subdivision. The accessory dwelling unit shall not be sold separately from the primary unit. No subdivision of any kind, including condominiums or cooperatives, shall be permitted between the primary and accessory dwelling units.

J.

Number of Units. No more than one accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot with an existing or proposed single-family residence. No more than one attached accessory dwelling unit is allowed for every four dwelling units within an existing multi-family development, and each attached accessory dwelling unit shall be located within a conversion of existing non-living

space. No more than two detached accessory dwelling units are allowed on a lot with an existing multifamily residence.

K.

Conversion of Existing Structures. An existing, legally permitted attached or detached structure may be converted to an accessory dwelling unit. No setback shall be required for an existing structure that is converted to an accessory dwelling unit other than that which existed prior to conversion. If an existing structure is demolished and replaced with an accessory dwelling unit, an accessory dwelling unit may be constructed in the same location and to the same dimensions as the demolished structure.

If a garage is converted into an accessory dwelling unit, the garage door must be removed and replaced with windows, door, or other design treatments that are consistent with the overall architectural design of the existing structure and the primary dwelling unit.

The city shall ministerially approve an application for a building permit to create within a single-family residential zone one accessory dwelling unit per single-family lot if the unit is contained within the existing space of a single-family residence or existing accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety.

L.

Ingress; Egress. All requirements for ingress, egress, drive aisleways, and safety shall be met in accordance with Chapter 18.58 of the Rialto Municipal Code.

M.

Building Code Requirements; Development Standards. All accessory dwelling units shall comply with all local building code requirements. All accessory dwelling units, except those that are converted from an existing residence or accessory structure and as provided in this section, shall comply with the minimum yard setbacks, lot coverage, height restrictions and other development standards for the primary unit residence, with the exception of density and minimum lot size, and except as otherwise provided in this section. The primary dwelling unit shall contain the minimum living areas required by the zone, and shall comply with all existing building code requirements and development standards, including the parking requirements.

N.

Parking Requirements. One off-street parking space in a permitted location shall be provided per accessory dwelling unit or bedroom within the unit, whichever is less, in addition to the required parking spaces serving the primary unit. The required spaces may be provided as tandem parking on an existing driveway, provided the space is a minimum nine feet by twenty feet and does not encroach into the public right-ofway. Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street enclosed parking spaces do not need to be replaced.

However, no additional parking shall be required for an accessory dwelling unit in any of the following instances:

1.

The accessory dwelling unit is located within one-half mile walking distance of public transit.

2.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

3.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

4.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

5.

When there is a car share vehicle located within one block of the accessory dwelling unit.

Except as provided above, the parking requirement of the primary dwelling unit shall remain unchanged and must comply with the applicable development standards.

O.

Driveways. No additional driveway approaches from public streets shall be permitted for accessory dwelling units.

P.

Square Footage. The maximum square footage of an accessory unit shall not exceed fifty percent of the primary unit, or eight hundred fifty square feet, whichever is more. If the accessory dwelling unit has more than one bedroom, the maximum square footage shall not exceed fifty percent of the primary unit, or one thousand square feet, whichever is more. In no case may an accessory unit exceed one thousand two hundred square feet.

footage of an accessory unit shall not exceed fifty percent of the primary unit, or eight hundred fifty square feet, whichever is more. If the accessory dwelling unit has more than one bedroom, the maximum square footage shall not exceed fifty percent of the primary unit, or one thousand square feet, whichever is more. In no case may an accessory unit exceed one thousand two hundred square feet.

The accessory dwelling unit may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing structure. An expansion beyond the physical dimensions of the existing structure shall be limited to accommodating ingress and egress.

Q.

Separate Entrance. Attached accessory dwelling units shall be provided with a separate outside entrance that is not located on the front elevation of the primary unit.

R.

Density. An accessory dwelling unit that conforms to this section shall be deemed to be an accessory use or an accessory building and 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 use that is consistent with the existing general plan and zoning designations for the lot.

S.

Lot Coverage Exception. If the applicable maximum lot coverage requirement, or the floor area ratio, would prevent the approval of an attached or detached accessory dwelling unit that is at least eight hundred square feet, an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to eight hundred square feet, provided that the unit complies will all other development standards.

T.

Height. The height of an accessory dwelling unit shall not exceed sixteen feet or one story, whichever is less.

U.

Setback. Except as provided elsewhere in this section, an accessory dwelling unit must have a minimum setback of four feet to the rear and side property lines.

No accessory dwelling unit may be located in a way that would prohibit access to a designated parking area or impede safe ingress and egress from a required side, rear, or front setback.

V.

Utility Metering. An accessory dwelling unit that is not converted from an existing residence or accessory structure shall be metered separately from the primary unit for gas, electricity, and water/sewer services, and may be subject to a connection fee or capacity charge in accordance with Government Code Section 66013. For an accessory dwelling unit created from the conversion of an existing residence or accessory structure, or portions thereof, separate metering is permissible, but not required.

W.

An accessory dwelling unit under seven hundred fifty square feet shall not be charged development impact fees.

(Ord. No. 1641, § 4, 7-14-20)

Chapter 18.12 - R-1 A-10,000 SINGLE FAMILY ZONE

Sections:

18.12.010 - Regulations—Established. ¶

The regulations established by this chapter apply in the R-1 A-10,000, single family zone, unless otherwise provided in this chapter.

(Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 6, § 1)

18.12.020 - Regulations—Adoption by reference.

The regulations of the R-1 single family zones, outlined in Chapter 18.10 of this title, apply to the R-1 A- 10,000 single family zone, except as otherwise provided in this chapter.

(Ord. 1376 § 1 (part), 2005: Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 6, § 2)

18.12.030 - Regulations—Exceptions.

The exceptions to the R-1 single family zones regulations, as set forth in this section, are applicable to the R-1 A-10,000 single family zone:

A.

Minimum lot area, ten thousand square feet;

Minimum lot width, one hundred feet;

Minimum lot depth, one hundred feet;

D.

Median and average dwelling size shall be not less than one thousand eight hundred square feet, with a minimum dwelling size of one thousand six hundred twenty square feet, exclusive of garages, porches, eaves or similar features;

Front yard, not less than twenty-five feet.

(Ord. 1376 § 1 (part), 2005: Ord. 1057 § 2(2), (3), 1989; Ord. 880 § 1 (part), 1983; Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 6, § 3)

Chapter 18.14 - R-1 B SINGLE FAMILY ZONE

Sections:

18.14.010 - Regulations—Established.

The regulations established by this chapter apply in the R-1 B, single family zone, unless otherwise provided by this title.

(Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 7, § 1)

18.14.020 - Regulations—Adoption by reference. ¶

The regulations of the R-1 single family zones apply to the R-1 B single family zone, except as otherwise provided in this chapter.

(Ord. 1376 § 1 (part), 2005: Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 7, § 2)

18.14.030 - Regulations—Exceptions. ¶

The exceptions to the R-1 single family zones regulations, as set forth in this section, are applicable to the R-1 B single family zone:

A.

Minimum lot area, eight thousand four hundred square feet;

Minimum lot width, eighty feet;

Minimum lot depth, one hundred feet;

D.

Median and average dwelling size shall be not less than one thousand four hundred square feet, with a minimum dwelling size of one thousand two hundred and sixty square feet, exclusive of garages, porches, eaves or similar features.

(Ord. 1376 § 1 (part), 2005: Ord. 880 § 1 (part), 1983; Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 7, § 3)

Chapter 18.16 - R-1 C SINGLE FAMILY ZONE

Sections:

18.16.010 - Regulations—Established. ¶

The regulations established by this chapter apply in the R-1 C, single family zone, unless otherwise provided by this title.

(Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 8, § 1)

18.16.020 - Regulations—Adoption by reference. ¶

The regulations of the R-1 single family zones apply to the R-1 C single family zone except as otherwise provided in this chapter.

(Ord. 1376 § 1 (part), 2005: Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 8, § 2)

18.16.030 - Regulations—Exceptions. ¶

The exceptions to the R-1 single family zones regulations, as set forth in this section, are applicable to the R-1 C, single family zone:

A.

Minimum lot area, seven thousand seven hundred square feet;

Minimum lot width, seventy feet;

C.

Minimum lot depth, one hundred feet;

D.

Median and average dwelling size shall be not less than one thousand two hundred square feet, with a minimum dwelling size of one thousand square feet, exclusive of garages, porches, eaves or similar features.

(Ord. 1376 § 1 (part), 2005: Ord. 880 § 1 (part), 1983; Ord. 681 § 1 (part), 1975: 1965 code Title XII, Ch. 8, § 3)

Chapter 18.18 - R-1 D SINGLE FAMILY RESIDENTIAL ZONE

Sections:

18.18.010 - Implementation.

The R-1 D, single family zone is herein established. Whenever placed on the land use zoning map, "R-1D" shall be indicated as the district designation of the area over which it is placed, and the provisions of said "R-1D" district shall apply.

(Ord. 1405 § 1 (part), 2007)

18.18.020 - Findings, intent and purpose. ¶

A.

The city council finds that estimated population growth in the Southern California Association of Government Region (SCAG) region which includes, San Bernardino, Riverside, Orange, Los Angeles, Imperial and Ventura counties is six million people by the year 2020.

B.

The city council finds that availability of land suitable for residential development is limited and acknowledges that the availability of land in conjunction with the increased costs for housing creates a

need to provide a variety of housing opportunities to meet the needs of our community.

C.

The city council finds that intensifying the use of available land has a beneficial impact to the community by creating affordable housing because the per unit land costs are decreased.

D.

The intent of this chapter is to develop standards, procedures and guidelines to create high quality, well planned, medium density housing opportunities that are not otherwise allowed by the strict interpretation of the existing R-1 zones.

E.

The purpose of this section is to provide for the general control of design of in-fill residential development in accordance with the basic purpose of the State Subdivision Map Act.

(Ord. 1405 § 1 (part), 2007)

18.18.030 - Specific objectives.

The specific objectives of the R-1D zoning designation are as follows:

A.

To provide the opportunity for home ownership by creating affordable housing products than would be possible through the strict application of the development code;

B.

To provide a solution to the growing demand for housing in our community and the region;

C.

To encourage variety in the physical development pattern of the community;

D.

To ensure a high level of architectural design and achieve harmony both within the development and with surrounding residential development; and

E.

To ensure that the objectives are realized and that, in the process, the net density of any project within the R-1D zone remains in conformity with the medium density residential (three to six dwelling units per acre) land use designation of the general plan.

(Ord. 1405 § 1 (part), 2007)

18.18.040 - Permitted uses. ¶

Uses permitted in the R-1 D zone are as follows:

A.

A single one-family dwelling of a permanent character, placed in a permanent location on each lot;

B.

C.

Accessory structures as provided in Section 18.52.030 of this title.

D.

Manufactured homes, subject to the following:

1.

The manufactured home is placed on a permanent foundation system in compliance with Health and Safety Code Section 18551.

2.

The manufactured home construction is certified under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. secs. 5401 et seq.).

3.

4.

The planning division shall determine if the placement of the manufactured home is compatible to the immediate area in which it is being placed according to the following criteria:

a.

The design of the manufactured home shall be similar in character and appearance to other dwellings in the area for such features as roof overhangs, roof materials, and siding materials.

b.

All development standards of the zone shall apply.

E.

Supportive housing, as defined in Section 18.04.721 of the Rialto Municipal Code.

F.

Transitional housing, as defined in Section 18.04.735 of the Rialto Municipal Code.

G.

Two-unit project, as defined in Section 18.113.020 of the Rialto Municipal Code.

(Ord. 1405 § 1 (part), 2007)

(Ord. No. 1640, § 3, 7-14-20; Ord. No. 1642, § 5, 7-14-20; Ord. No. 1665, § 3(Exh. B, § 3), 2-8-22)

18.18.050 - Review and approval process.

The following procedures shall be completed prior to the issuance of building permits:

A.

Preliminary Review. Prior to the filing of an application pursuant to this section, the developer or subdivider or his/her authorized representative shall schedule a preliminary review of a proposed project with the director of development services or his/her designated representative. The purpose of the preliminary review is to discuss the proposed project and ensure that the intent to develop the project in the R-1D zone is undertaken with a clear understanding of the requirements imposed by the zone.

B.

Zone Change. A zone change application shall be filed in accordance with Section 18.06.030, Change procedure, of the municipal code.

C.

Tentative Map. Upon approval of a zone change by the city council, the applicant shall file a tentative parcel or tract map, as required by state law pursuant to Title 17 of the Rialto Municipal Code.

D.

Precise Plan of Design. Approval of the precise plan of design by the city's community development director, shall be required prior to construction.

(Ord. 1405 § 1 (part), 2007)

(Ord. No. 1645, § 3, 7-14-20)

18.18.060 - Development standards. ¶

The following development standards shall apply to all R-1D developments:

A.

Site Area. The minimum gross site area within an R-1 D zone shall be ten acres.

B.

Density. Density shall not exceed the net density of six units per acre in accordance with the medium density land use designation of the Rialto General Plan. For the purposes of this chapter, "net density" is defined as the average number of dwelling units per acre, exclusive of public streets, and other public rights-of-way.

C.

Minimum Depth. Minimum depth shall be one hundred feet.

D.

Minimum width shall be sixty feet for interior lots and sixty-five feet for corner lots (as measured at front property line).

E.

Dwelling Sizes. Minimum square footage of dwellings shall be not be less than one thousand eight hundred square feet of living area, exclusive of garages, porches, eaves or similar features.

F.

Site Coverage. Buildings and accessory structures excluding patios and patio enclosures shall not occupy more than fifty percent of the lot coverage.

G.

Building Height. A building, structure or portion thereof shall not exceed two and one-half stories or thirtyfive feet, whichever is less.

H.

Type of Structures. Dwelling units shall be detached single-family units.

I.

Design. At a minimum, all requirements of the Chapter 18.61, Design Guidelines, of the municipal code shall be met except as noted herein.

1.

Elevations must be distinguished by different architectural styles, changes in massing and scale, roof ridges running in different directions, alternate orientation of ninety degrees or greater or alternate garage orientation.

Porches, patios, pergolas, planter boxes, dormers, or balconies shall be incorporated into the design of the project.

3.

Orientation of the garage shall be varied within the project more than one garage orientation shall be utilized.

J.

Setbacks. Each dwelling unit and accessory structure shall have and maintain the following minimum setbacks from the property line and distance between structures:

1.

The minimum front setback from a public street for all buildings and structures exceeding forty-two inches in height shall be not less than twenty feet. Front yard setbacks must be staggered by five feet.

2.

Minimum side setbacks between structures shall be ten feet.

a.

Structures situated on corner lots or abutting a public street shall maintain a minimum fifteen-foot setback.

b.

Private garages shall maintain an eighteen-foot setback from public right-of-way.

3.

The minimum rear setback shall be twenty feet. At least fifteen feet of the rear yard shall consist of flat usable land area.

K.

Fences and Walls. Fences and walls shall be decorative and a detail shall be shown on the approved precise plan. The setback of a perimeter wall shall be varied. All rear yards and side yards adjacent to streets shall have a minimum six-foot high decorative masonry wall. A visibility clearance shall be required on all corner lots in which nothing shall be erected, placed, planted or allowed to grow three feet in height. The visibility clearance area shall consist of a triangular area bounded by the street right-of-way lines of such corner lot and a line joining points along said street lines twenty feet from the point of intersection.

L.

Off-Street Parking. Each dwelling unit shall have a private garage, the capacity of which shall not be less than two nor exceed three automobiles. All provision of Chapter 18.58, Off-Street Parking, of the municipal code shall apply.

Vehicular Circulation—Access from Public Streets. All streets shall be improved in accordance with city standards (sixty feet minimum right-of-way).

1.

Access to the project shall be permitted only from a public street. Direct access from major streets shall be prohibited except as follows:

a.

Where evidence can be shown that access from a major street will not have a hazardous effect on the function of the street or be detrimental to the safety of the motorists, the city may approve access from a major street. On corner lots, driveways shall be kept away from intersections.

N.

Landscaping. All front yards and parkway area shall be landscaped. Front yard landscaping shall include at a minimum one fifteen-gallon tree, one five-gallon tree, sod ground cover and a permanent irrigation system to be installed by the developer prior to occupancy. This requirement shall be in addition to required street trees. Street trees (one tree per thirty linear feet) shall be planted in the parkway and shall consist of both fifteen-gallon and twenty-four inch box trees. All parkway trees shall have a root barrier.

O.

Entry Statements. Entrances to project area shall be punctuated with expanded landscaping, decorative paving and special architectural features incorporated into perimeter walls.

P.

Signs. One wall sign per tract entrance may be permitted. Such signs shall consist of individually mounted letters which identify the name and/or address of the development. Such wall letters and numbers shall not exceed eighteen inches in height and shall be indirectly illuminated.

Q.

Lighting. Decorative street lights shall be incorporated into the project design and a detail shown on the approved precise plan of design.

R. (Ord. 1405 § 1 (part), 2007)

(Ord. No. 1645, § 3, 7-14-20)

18.18.070 - Building and grading permits. ¶

A building or grading permit shall not be issued for any development unless a final subdivision map has been recorded in compliance with the subdivision regulations of the city.

(Ord. 1405 § 1 (part), 2007)

Chapter 18.22 - R-3 MULTIPLE FAMILY ZONE

Sections:

18.22.010 - Regulations established. ¶

The regulations established by this chapter apply in the R-3 multiple family zone unless otherwise provided by this title.

(Ord. 1317 (part), 2001: 1965 code Title XII, Ch. 11, § 1)

18.22.020 - Permitted uses.

Uses permitted in the R-3 multiple family zone are as follows:

Any use permitted in the R-1 zone;

B.

Multiple family dwellings, consisting of four or less units;

C.

Multiple family dwellings consisting of five or more units subject to the issuance of a conditional development permit by the city planning commission;

D.

Dwelling groups;

E.

Incidental and accessory buildings and uses on the same lot which are necessary for the operation of any permitted use;

F.

Other uses which are subject to a conditional development permit;

G.

Room and board facilities are permitted subject to the approval of a conditional development permit.

Development projects consisting of any number of units, in which twenty percent or more of the residential units are affordable to lower-income households are permitted by-right and subject to the provisions of Government Code Section 65583.2 subdivisions (h) and (i).

Rear Yard. The minimum rear yard setback shall be fifteen feet.

1.

Wherever a multi-family residential project abuts a single-family, administrative-professional, commercial or industrial zone along a rear yard property line, said project shall be separated from this zone by a six-foot high masonry solid block wall.

2.

5.

Open spaces created pursuant to the provisions of this chapter shall remain open and available for such use during the life of the development.

R.

Pedestrian Circulation. A pedestrian circulation system shall be incorporated into the development design for the purpose of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational facilities and all other outdoor areas. This system shall be developed with a combination of the following development standards:

1.

A public sidewalk system shall be developed adjacent to all public streets and installed in accordance with city standards.

2.

The interior walkway system shall include pedestrian walks or paths consisting of varying widths and shall be curvilinear where possible. The minimum width of the interior pedestrian system shall be four feet.

Walkway systems shall utilize materials such as concrete, brick, flagstone or other materials approved by the city.

S.

Trash Collection Areas. Trash collection areas shall be provided within two hundred feet of the furthest residential unit they are to serve. Such units shall be constructed to city standards and situated so as to reduce noise and visual intrusion on adjacent units and properties.

T.

Fences, Hedges and Walls. The provisions of Section 18.56.030 apply to fences, hedges and walls in the R-3 zone.

(Ord. 1317 (part), 2001: Ord. 1234 (part), 1995: Ord. 1057, § 2(5), 1989: Ord. 930 § 1, 1985: Ord. 676 § 1 (part), 1974: 1965 code Title XII, Chapter 11, § 6)

(Ord. No. 1645, § 3, 7-14-20)

18.22.040 - Site plan review.

The following procedures shall be completed prior to the issuance of building permits:

A.

Preliminary review. Prior to the filing of an application to develop a project pursuant to this section, the developer or his/her representative shall meet with the director of development services or his/her representative to discuss the proposed project in order to clarify development standards and processing procedures.

B.

Each application for a proposed multi-family development shall be subject to completion of an environmental assessment review in accordance with the California Environmental Quality Act (CEQA) of 1970 and applicable city guidelines.

C.

Application for projects consisting of four or less units shall be subject to the approval of a precise plan of design by the community development director.

D.

Application for projects consisting of five or more units:

1.

Multi-family projects consisting of five ore more units shall be subject to approval of a conditional development permit (CDP) by the city planning commission.

Approval of a precise plan of design (PPD) by the planning commission.

(Ord. 1317 (part), 2001: Ord. 676 § 1 (part), 1974: Ord. 620 § 1, 1972: 1965 code Title XII, Ch. 11, § 7)

(Ord. No. 1645, § 3, 7-14-20)

18.22.050 - Enforcement. ¶

If the owner of the multi-family development fails to comply with any of the conditions of approval placed upon the conditional development permit the city planning commission may initiate proceedings to revoke the conditional development permit in accordance with the provisions of Section 18.66.070 through 18.66.090, inclusive, of the municipal code.

(Ord. 1317 (part), 2001)

Chapter 18.24 - R-4 HIGH DENSITY MULTIPLE FAMILY ZONE

Sections:

18.24.010 - Regulations established. ¶

The regulations established by this chapter apply in the R-4, high density multiple family zone, unless otherwise provided by this title.

(1965 code Title XII, Ch. 12, § 1)

18.24.020 - Permitted uses.

Uses permitted are as follows:

A.

Any use permitted in the R-1 and R-3 zones;

B.

Group dwellings, multiple family dwellings, apartment houses, boarding and rooming houses, and room and board facilities as defined in Section 18.04.655 of this title;

C.

Accessory buildings necessary to such use located on the same lot or parcel of land and not involving the conduct of a business;

D.

Any such other uses as the council, after review by the commission, may determine to be similar.

E.

Room and board facilities are permitted subject to the approval of a conditional development permit.

(Ord. 1376 § 1 (part), 2005: Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 12, § 2)

(Ord. No. 1463, § 5, 4-13-10)

Editor's note— Ord. No. 1463, § 5, passed April 13, 2010, set out provisions intended for use as section 18.24.020(G). At the editor's discretion, these provisions have been included as section 18.24.020(E).

18.24.030 - Height, bulk and space requirements.

Minimum height, bulk and space requirements are as follows:

Minimum lot area, seven thousand two hundred square feet;

Minimum lot width, sixty feet;

Minimum lot depth, one hundred feet;

Building height limit, six stories or seventy-five feet;

Minimum lot area per dwelling unit, nine hundred square feet;

Maximum building coverage by all structures, sixty percent of the lot area;

G.

Front yard, fifteen feet. Where lots comprising fifty percent or more of the frontage on one side of a street between intersecting streets are developed with front yards of a greater depth, the average of such front yards establishes the front yard depth for the entire frontage on that side of the street and within that block;

H.

Side yard, same as in R-1 A, single family zone, provided, however, that where any structure has an entry or exit opening into a side yard the entry or exit shall be located not closer than seven feet from the side lot line. Where a dwelling structure is arranged so as to rear upon a side yard it shall comply with the requirement above and the average of the side yard upon which such dwelling structure fronts shall be not less than fifteen feet;

I. Rear yard, fifteen feet;

J.

Minimum dwelling size, six hundred square feet for units in multiple dwellings or dwelling groups exclusive of porches, eaves or similar features; provided, however, that in any construction involving four or more units on one lot, the developer is entitled to construct one unit having a minimum size of four hundred twenty-five square feet for every three units having a minimum size of six hundred square feet.

Single family dwellings shall be a minimum of eight hundred fifty square feet when only one unit is developed per lot;

K.

Space between main buildings on same lot: For dwelling groups the minimum distance between main buildings is as follows:

1.

Minimum distance between buildings: ten feet,

2.

Buildings built with front entry to front entry: thirty feet,

3.

Buildings built with front entry to rear entry: thirty feet,

4.

Buildings built with rear entry to rear entry: fourteen feet,

5.

Buildings built with one rear entry opening upon a court: twelve feet,

6.

Buildings built with one front entry opening upon a court: twenty feet;

L.

When a lot has an area, width, or depth less than required by this chapter and was held under separate ownership or was of record at the time this chapter became effective, such lot may be occupied by any use permitted in the zone subject to the regulations therein;

Private garages opening into a street from either the front yard or side yard on a corner lot shall be set back a minimum of eighteen feet.

(Ord. 534 § 2, 1965; 1965 code Title XII, Ch. 12, § 3)

18.24.040 - Signs.

For signs, see Section 18.102.060(E).

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 12, § 4)

18.24.050 - Off-street parking.

For off-street parking requirements, see Chapter 18.58.

(Ord. 1057 § 2(6), 1989: 1965 code Title XII, Ch. 12, § 5)

18.24.060 - Fences, hedges and walls.

The provisions of Section 18.56.030 apply to fences, hedges and walls in the R-4 zone.

(1965 code Title XII, Ch. 12, § 6)

18.24.070 - Site plan review.

Site plans and elevations shall be submitted to the planning commission for review and approval whenever five or more dwelling units are proposed for any lot or building site.

(Ord. 620 § 1, 1972: 1965 code Title XII, Ch. 12, § 7)

Chapter 18.26 - A-P ADMINISTRATIVE—PROFESSIONAL—INSTITUTIONAL ZONE

Sections:

18.26.010 - Regulations established. ¶

The regulations established by this chapter apply in the A-P, administrative-professional-institutional zone, unless otherwise provided by this title.

(Ord. 946 (part), 1986: 1965 code Title XII, Ch. 13, § 1)

18.26.020 - Purposes.

The administrative-professional office district is established by this chapter in order to achieve the following purposes:

A.

To reserve appropriately located areas for harmonious transitional office uses to serve as buffers between residential districts and commercial districts;

B.

To encourage the development of professional and administrative office buildings on sites in convenient proximity to the central business district, the civic center, and proposed hospital sites in accord with the general plan;

C.

To create a suitable environment for professional and administrative office buildings and to protect them from adverse impacts incident to certain commercial and industrial uses;

D.

To allow the orderly conversion of residential structures to office uses in certain transitional areas subject to conditions designed to protect nearby residential areas;

E.

To provide space for community facilities and institutional uses which appropriately may be located in professional and administrative office districts;

F.

To increase employment opportunities for office workers residing in the city in locations close to their homes;

G.

To ensure that the appearance of professional and administrative office buildings and grounds is harmonious with the visual character of the area in which they are located.

(Ord. 946 (part), 1986: Ord. 591 § 2, 1969; 1965 code Title XII, Ch. 13, § 2)

18.26.030 - Permitted uses. ¶

Uses permitted are as follows:

A.

Offices for the practice of a profession, administration of a business or offering of a service of the following types:

1.

Accountants, advertising agencies, appraisers, attorneys, business and management consultants, economists, and public relations consultants,

2.

Administrative or executive offices of any type of business,

Architects, landscape architects, planners, engineers and surveyors, geologists, industrial designers, and interior designers not including retail sales on the premises,

4.

Barbershops and beauty parlors,

5.

Employment agencies, travel agencies, and airline ticket agencies,

6.

Financial institutions, including banks, savings and loan associations, finance companies, and credit unions,

7.

Funeral homes, undertaking establishments, crematoria,

8.

Insurance brokers and services, investment brokers, real estate brokers and offices, and title and escrow companies,

9.

Lodges, fraternal, and social organizations,

10.

Medical, dental and health-related services of all types for humans, including laboratories,

11.

Prescription pharmacies located in a building containing the offices of four or more medical practitioners, and devoting more than fifty percent of the total pharmacy floor space to prescription compounding,

12.

Publishing companies not including printing operations,

13.

Commercial facilities which are related and incidental to the above uses, provided such incidental uses do not display advertising or signs on the outside of the building;

B.

Public utility or public service structures and installations;

C.

Incidental and accessory structures and uses located on the same site with and necessary for the operation of a permitted use;

D.

Other uses which, in the judgment of the planning commission as evidenced by a resolution in writing, are similar to and no more objectionable than any of the uses listed in this section;

E.

Electric vehicle charging stations, as an accessory use, in accordance with Chapter 15.64 of the code.

(Ord. 946 (part), 1986: 1965 code Title XII, Ch. 13, § 3)

(Ord. No. 1597, § 6, 11-28-17)

18.26.040 - Conditional uses. ¶

The following uses shall be permitted upon the granting of a conditional development permit in accord with the provisions of Chapter 18.66:

A.

Clinics, hospitals, sanitariums and nursing homes;

B.

Philanthropic and charitable institutions;

C.

Churches, and other religious institutions;

D.

Private libraries, art galleries, and museums;

E.

Incidental and accessory structures and uses located on the same site with and necessary for the operation of a conditional use;

F.

Restaurants located in office buildings and incidental to the office use, but not including restaurants with drive-in, drive-thru, or walk-up service. Such restaurant facilities shall provide additional off-street parking in accordance with the requirements of Chapter 18.58;

G.

Other conditional uses which, in the judgment of the planning commission as evidenced by a resolution in writing, are similar to and no more objectionable than any of the uses listed in this section.

(Ord. 946 (part), 1986: Ord. 700 § 1, 1976: Ord. 594 § 1, 1970: 1965 code Title XII, Ch. 13, § 4)

18.26.045 - Reserved.

Editor's note— Ord. No. 1594, § 5(B), adopted November 14, 2017, repealed § 18.26.045, which pertained to prohibited uses and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.26.050 - Height, bulk and space requirements.

Minimum height, bulk and space requirements are as follows:

Lot area: eight thousand square feet;

Lot width: eighty feet;

C.

Lot depth: one hundred feet;

D.

Building height limit: six stories or seventy-five feet;

Front yard: twenty-five feet;

Side yard requirements:

1.

On interior lots the side yard shall be ten percent of the width of the lot, but need not exceed five feet nor may it be less than three feet,

2.

On corner lots the side yard abutting the street shall be no less than ten feet. The other side yard shall be for interior lots,

3.

Interior side yards for each story above the second shall be increased by two feet;

G. Rear yard: fifteen feet;

H.

(Ord. 946 (part), 1986: 1965 code Title XII, Ch. 13, §§ 5, 6)

18.26.060 - Walls. ¶

When adjoining any lot in any residential zone, there shall be a six-foot-high solid masonry wall erected and maintained along such property line; provided, that such wall shall be only three and one-half feet high from the setback line of the adjoining property to the front property line.

(Ord. 946 (part), 1986: 1965 code Title XII, Ch. 13, § 7)

18.26.070 - Signs.

Signs are permitted in accordance with Chapter 18.102 regulating signs in the administrative-professional zone.

(Ord. 946 (part), 1986)

18.26.080 - Off-street parking. ¶

For off-street parking and loading requirements, see Chapter 18.58.

(Ord. 1057 § 2(7), 1989: Ord. 946 (part), 1986)

18.26.090 - Use conditions.

Permitted uses in this zone may be located in an existing residential structure remodeled for the intended use; provided, that any structural changes or additions affecting the exterior appearance of the residence shall require review and approval of a precise plan of design by the community development director. Upon the issuance of the certificate of occupancy for a nonresidential use, further residential use of the site is prohibited. Nonresidential uses permitted in this zone may be located in entirely new buildings, designed and constructed for the uses, only after all existing residential structures have been removed from the premises.

(Ord. 946 (part), 1986)

(Ord. No. 1645, § 3, 7-14-20)

Chapter 18.27 - O-P OFFICE PARK ZONE

Sections:

18.27.010 - Regulations established. ¶

The regulations established by this Chapter apply in the O-P office park zone, unless otherwise provided by this title.

(Ord. 1234 (part), 1995)

18.27.020 - Permitted uses. ¶

Subject to precise plan by design; uses permitted are as follows:

A.

Offices for the practice of a profession, administration of a business of offering of a service of the following types:

1.

Accountants, advertising agencies, appraisers, attorneys, business and management consultants, economists, and public relations consultants,

2.

Administrative or executive offices of any type of business,

3.

Architects, landscape architects, planners, engineers and surveyors, geologists, industrial designers, and interior designers not including retail sales on the premises,

4.

Employment agencies, travel agencies, and airline ticket agencies,

5.

Financial institutions, including banks, savings and loan associations, finance companies, and credit unions,

6.

Insurance brokers and services, investment brokers, real estate brokers and offices, and title and escrow companies,

7.

Medical, dental and health-related services of all types for humans, including laboratories,

8.

9.

Publishing companies not including printing operations,

10.

Commercial facilities which are related and incidental to the above uses, provided such uses do not display advertising or signs on the outside of the building;

B.

Public utility or pubic service structures and installations;

C.

Incidental and accessory structures and uses located on the same site with and necessary for the operation of a permitted use;

D.

Other uses which, in the judgement of the planning commission as evidenced by a resolution in writing, are similar to and no more objectionable than any of the uses listed in this section;

E.

Conditional uses subject to conditional development permit approval by the planning commission and in accordance with the provisions of Chapter 18.66, as follows:

1.

Clinics, hospitals, sanitariums and nursing homes,

2.

Philanthropic and charitable institutions,

3.

Trade and professional schools,

4.

Incidental and accessory structures and uses located on the same site with and necessary for the operation of a conditional use,

5.

6.

Permitted uses subject to Chapter 18.31,

7.

Other conditional uses which, in the judgment of the planning commission as evidenced by a resolution in writing, are similar to and no more objectionable than any of the uses listed in this section;

F.

Electric vehicle charging stations, as an accessory use, in accordance with Chapter 15.64 of the code.

(Ord. 1234 (part), 1995)

(Ord. No. 1597, § 7, 11-28-17)

18.27.025 - Reserved.

Editor's note— Ord. No. 1594, § 5(C), adopted November 14, 2017, repealed § 18.27.025, which pertained to prohibited uses and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.27.030 - Height, bulk and space requirements.

Minimum height, bulk and space requirements are:

A.

Building height limit, two and one-half stories and not to exceed thirty-five feet.

B.

B.

In order that buildings, structures, signs, landscaping and other improvements will be consistent with the development guidelines of the Gateway Specific Plan, and compatible with surrounding uses and structures, no change of existing use of a building or grounds shall be made, nor shall any buildings or structures be constructed, altered, or removed until a detailed plan for the work proposed to be done has been approved by the community development director or planning commission if a conditional development permit is sought. In the review of a proposal the community development director or planning commission, as applicable, shall use and refer to design and performance guidelines contained in the specific plan, the detailed standards contained in this chapter and the general requirements of this title. Particular attention is to be given to the following review elements:

1.

Site plan, appropriateness of layout and function and the relationship to existing buildings and structures in the general vicinity or area within the specific plan;

2.

Building height, bulk, area and design (including materials and colors);

3.

Architectural and security lighting;

4.

Location and adequacy of loading and automobile parking areas;

5.

Landscape and hardscape (paving) treatments;

Setback distances from all property lines;

7.

Size, type and location of signs.

The action of the community development director is final, unless appealed to the planning commission pursuant to Section 18.49.040. The action of the planning commission is final, unless appealed to the city council pursuant to Chapter 18.68 of this title."

(Ord. 1234 (part), 1995)

(Ord. No. 1645, § 3, 7-14-20)

Chapter 18.28 - C-1 NEIGHBORHOOD COMMERCIAL ZONE

Sections:

18.28.010 - Regulations established. ¶

The regulations established by this chapter apply in the C-1, neighborhood commercial zone, unless otherwise provided by this title.

(1965 code Title XII, Ch. 14, § 1)

18.28.020 - Permitted uses. ¶

Uses permitted are as follows:

Retail stores:

1.

Bakeries employing not more than five persons,

2.

Book or stationery store,

3.

Confectionery store,

4.

Drug store,

Dry goods or notions store,

6.

Florist shop,

7.

Grocery, fruit, or vegetable store,

8.

Hardware or appliance store,

9.

Meat market or delicatessen store,

10.

Automobile parts stores, for retail sales only, prohibiting accessory uses, such as machine shops or the repair of automobiles as a normally permitted use in the C-1 "neighborhood commercial zone";

Offices, business or professional;

Services:

1.

Dispensing of automotive fuels for retail sale including but not limited to automobile service stations may be permitted subject to a conditional development permit. No permit approved by the planning commission for this use is effective unless the permit is also approved by the city council,

2.

Bank,

3.

Barber shop and beauty parlor,

4.

Cafe or restaurant (excluding dancing or entertainment),

Dressmaker or millinery shop,

6.

Laundry or clothes cleaning agency and/or pressing establishment,

Laundry, self operated,

Library,

Photographer,

Post Office,

Shoe store and repair,

Tailor,

Reverse vending machines and small collection facilities for recyclable materials as permitted in Ch. 18.08;

Accessory buildings and uses customarily incident to any of the above uses when located on the same lot; E.

Other uses which are subject to a conditional development permit (See Chapter 18.66);

Electric vehicle charging stations, in accordance with Chapter 15.64 of the code.

(Ord. 1330 § 1, 2002; Ord. 1161 § 2 (1), 1992; Ord. 629 § 1, 1972; Ord. 596 § 1, 1970; 1965 code Title XII, Ch. 14, § 2)

(Ord. No. 1597, § 8, 11-28-17)

18.28.025 - Reserved.

Editor's note— Ord. No. 1594, § 5(D), adopted November 14, 2017, repealed § 18.28.025, which pertained to prohibited uses and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.28.030 - Height, bulk and space requirements.

Minimum height, bulk and space requirements are:

A.

Building height limit, two and one-half stories and not to exceed thirty-five feet;

B.

Front yard, where all the frontage in one block is located in the C-1 zone there shall be a minimum setback of ten feet extending the full width of the lot to be planted with appropriate landscape material and adequately maintained. Where the frontage in one block is located partly in the C-1 zone and an R zone, the front yard requirements of the R zone apply to the C-1 zone;

C.

Side yard, where a lot sides upon a lot in an R zone there shall be a side yard of not less than five feet. Where a reversed corner lot rears upon a lot in any R zone, the side yard on the street side of the reversed corner lot shall be not less than fifty percent of the front yard required on the lots in the rear of such corner lot. In all other cases a side yard is not required;

D.

Rear yard, there shall be a rear yard having a depth of not less than fifteen feet.

(1965 code Title XII, Ch. 14, § 3)

18.28.040 - Signs.

As provided by Section 18.102.060(G) of this title.

(Ord. 1234 (part), 1995: Ord. 883 § 1, 1983; Ord. 700 § 2, 1976: Ord. 593 § 1, 1970: Ord. 588 § 1, 1969; Ord. 574 § 1, 1968: 1965 code Title XII, Ch. 14, § 4)

18.28.050 - Off-street parking.

For off-street parking and loading requirements, see Chapter 18.58.

(Ord. 1057 § 2(8), 1989: 1965 code Title XII, Ch. 14, §§ 5, 6)

18.28.060 - Use conditions.

A.

The primary purpose and application of this zone is for small limited shopping centers planned and designed to meet neighborhood shopping needs. Plot plans and elevations of all structures to be erected

within this zone shall be submitted to the commission for review and approval prior to the issuance of a building permit.

B.

Stores, shops and businesses, and storage of materials connected therewith, shall be operated wholly within an enclosed building.

C.

Products produced incident to a permitted use shall be sold at retail on the premises.

D.

Public entrances to such stores, shops, or businesses shall be from the principal street upon which the property abuts or within fifty feet thereof, except that a rear entrance from the building to a public parking area may be provided. (1965 code Title XII, Ch. 14, § 7)

Chapter 18.30 - C-1 A COMMUNITY SHOPPING CENTER ZONE

Sections:

18.30.010 - Regulations established. ¶

The regulations established by this chapter apply to the C-1 A community shopping center zone unless otherwise provided by this title.

(Ord. 551 § 2, 1966: 1965 code Title XII, Ch. 15, § 2)

18.30.020 - Permitted uses. ¶

Uses permitted are as follows:

A.

Any use permitted in the C-1 zone;

B.

Any of the following uses:

1.

Antique shop,

Art or art supply store,

Automobile accessory store,

4.

Bicycle shop,

5.

Billiard parlor,

6.

Bowling alley,

7.

Catalogue sales store,

8.

Catering establishment,

9.

Clothes and wearing apparel shop,

Decorating or drapery shop,

Department store,

12.

Dry cleaning establishment with total rated capacity of not more than sixty pounds,

Drive-in restaurant,

14.

Frozen food locker,

Furniture store,

Hobby shop,

Jewelry store,

18.

Launderettes provided each machine has rated capacity of not more than twenty-five pounds,

19.

Laundry establishment with total rated capacity of not more than thirty-five pounds,

20.

Leather goods or luggage store,

21.

Liquor store (off-sale only),

22.

Music store and record shop,

23.

Newsstand,

24.

Nursery plant sales and garden supplies store, provided all incidental equipment and supplies including fertilizer are stored within a completely enclosed building,

25.

Paint and wallpaper store,

26.

Pet shop not including veterinary hospital or the keeping or boarding of animals not for sale on the premises,

27.

Photographers studio, camera shop,

28.

Soda fountain,

Sporting goods store,

30.

Studio, art, music, voice or dance,

31.

Swimming pool supply store provided all equipment, supplies, including empty chemical containers are stored within a completely enclosed building,

32.

Theatre (excluding out-door theatre),

33.

Tire shop, retail sale only,

Tobacco store,

Toy store,

Travel agency,

Variety store,

38.

Watch repair shop,

39.

Mechanical auto wash facility may be permitted subject to a conditional development permit,

40.

Entertainment establishments as defined in Section 18.04.315 of this title may be permitted subject to a conditional development permit;

C.

Accessory buildings and uses customarily incidental to the permitted uses when located on the same lot, including the repair of goods of the type sold in stores in the center; provided that such repair may not be

carried on as a separate business except as specifically permitted in these use regulations; and provided further that there is no manufacturing, assembling, compounding, processing or treatment of products other than that which is clearly incidental and essential to the permitted uses. Such uses, operations or productions are not objectionable due to odor, dust, smoke, noise, vibration or other similar causes;

D.

Conditional uses, as provided in Chapter 18.66 of this title, may be permitted under a conditional development permit.

(Ord. 1275 § 2, 1998; Ord. 959 § 1, 1986; Ord. 551 § 3, 1966: 1965 code Title XII, Ch. 15, § 3)

18.30.025 - Reserved.

Editor's note— Ord. No. 1594, § 5(E), adopted November 14, 2017, repealed § 18.30.025, which pertained to prohibited uses and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.30.030 - Height, bulk and space requirements.

Minimum height, bulk and space requirements are as follows:

Minimum gross land area, ten acres;

B.

Building height limit, two and one-half stories and not to exceed thirty-five feet;

C.

Setbacks, except as otherwise specified below, all buildings, structures or improvements shall provide the following setbacks:

1.

There shall be a minimum setback of fifty feet from any public street right-of-way line adjoining the zone.

2.

There shall be a minimum setback of twenty-five feet from any residential zone.

3.

There shall be a minimum setback of fifteen feet from any other commercial or industrial zone.

4.

Notwithstanding the above provisions, automobile service station buildings and structures shall be located a minimum of twenty-five feet from all property lines; except, that gasoline pumps or dispensers and

canopies may be located not closer than ten feet from any public right-of-way line.

5.

Except as otherwise provided by this chapter, the permitted signs may be located not closer than ten feet from any public right-of-way line.

(Ord. 551 § 4, 1966: 1965 code Title XII, Ch. 15, § 4)

18.30.040 - Signs. ¶

Sign requirements are the same as for C-1 neighborhood commercial, Section 18.28.040.

(Ord. 551 § 5, 1966: 1965 code Title XII, Ch. 15, § 5)

18.30.050 - Walls. ¶

When adjoining any lot in any residential zone, there shall be a five foot high solid masonry wall erected and maintained along such property line; provided that such wall shall be only three and one-half feet high from the setback line of the adjoining property to the front property line. (Section 18.02.110).

(Ord. 551 § 6, 1966: 1965 code Title XII, Ch. 15, § 6)

18.30.060 - Off-street parking.

For off-street parking and loading requirements, see Chapter 18.58.

(Ord. 1057 § 2(9), 1989: Ord. 551 §§ 7, 8, 1966: 1965 code Title XII, Ch. 15, §§ 7, 8)

18.30.070 - Use conditions.

A.

The primary purpose and application of this zone is for large shopping centers which provide a wide variety of goods and services to trade areas composed of several neighborhoods. A community shopping center provides not only "convenience goods" such as food, drugs and personal services, but also "shopping goods" such as apparel and furniture, as well as banking and professional services and recreation. The size of the center is intended to be directly related to the quantity of purchasing power available for the support of those uses permitted in the zone and designed so as to minimize traffic congestion on public streets within the vicinity.

B.

Site development plans, plot plans and elevations of all structures to be erected, showing a unified and organized arrangement of off-street parking, internal traffic circulation and service facilities within this zone shall be submitted to the commission for review and approval prior to the issuance of a building permit.

C.

Location of C-1 A zones is determined by the need and purchasing power available to support the uses permitted in the zone. The commission may require the petitioner to submit a market analysis of the

proposed shopping center in the location requested containing the following determinations:

1.

Determination of the trade area of the proposed shopping center;

2.

Determination of trade area population, present and future;

3.

Determination of effective buying power in the trade area. A C-1 A zone should not be located closer than two miles from any existing C-1 A zone or closer than one mile from any existing C-1 zone. A C-1 A zone, may however, be established abutting or as an extension of any commercial zone other than a C-1 zone or C-1 A zone.

D.

A building permit shall be secured and construction begun in accordance with the approved final site development plan within two years from the effective date of the ordinance establishing such zone. A plan for staged development which will require more time than the limits contained herein may be approved by the planning commission or may be extended by the planning commission prior to or during the course of construction. In the event that construction is not completed within the time limits specified by the planning commission or by this chapter, the planning commission shall review the zoning and the development which has taken place and, if necessary, initiate proceedings to reclassify the property in a manner consistent with the comprehensive zoning plan.

E.

Stores, shops and businesses, and storage of materials connected therewith, shall be operated wholly within an enclosed building, except such uses as drive-in restaurants, automobile service stations, electrical transformer substations and similar enterprises customarily conducted in the open.

F.

Products produced incidental to a permitted use shall be sold at retail on the premises.

(Ord. 551 § 9, 1966: 1965 code Title XII, Ch. 15, § 9)

Chapter 18.31 - R-C RETAIL COMMERCIAL ZONE

Sections:

18.31.010 - Regulations established. ¶

The regulations established by this chapter apply to the R-C retail commercial zone unless otherwise provided by this title.

(Ord. 1234 (part), 1995)

18.31.020 - Permitted uses. ¶

A.

All uses permitted in the office park zone;

B.

Subject to precise plan of design review, uses permitted are as follows:

1.

Antique shop,

2.

Art gallery or art supply and studios,

3.

Bakeries employing not more than five persons,

4.

Barber shops and beauty parlors,

5.

Bicycle shop,

6.

Book store,

7.

Catalog sales store,

8.

Clothes and wearing apparel shop,

9.

Decorating or drapery shop,

10.

Department store,

Drug store,

Employment agency,

Financial institutions including banks,

Savings and loan, finance companies,

Florist shop,

Furniture store (new merchandise),

Gift shops,

Government offices,

Grocery, fruit, or vegetable store, excluding convenience markets as defined in Chapter 18.106 of this title,

Gymnasiums or physical culture, aerobic and dance studio,

Hardware or appliance store,

Hobby shop,

Ice cream and/or frozen yogurt shop,

Insurance brokers and services, investment brokers, real estate brokers and offices of title and escrow companies,

Jewelry store,

Leather goods and luggage store,

27.

Lock and gunsmith shop,

28.

Meat market or delicatessen shop,

29.

Medical, dental, vision and health related services of all types (excluding veterinary medicine),

Music store and record shop,

31.

Musical, vocal and dance instruction,

32.

Newsstand,

33.

Paint and wall or window coverings,

34.

Pet shop,

Photographers studio, camera shop,

36.

Postal services, private and governmental,

Printing shop employing no more than five persons,

38.

Restaurants, cafes, cafeterias, dining rooms, grills, diners, etc. (excluding drive-in or drive-thru),

39.

Shoe store, shoe repair and shine parlor,

Soda fountain,

Sporting goods store,

Tailor, dressmaker and clothing alterations,

Theater (indoor),

Tobacco shop,

Toy store,

Travel agency and airline ticket agency,

Variety store,

Video sales and rental shop,

Watch and clock repair shop;

Accessory building and uses customarily incidental to the permitted uses when located on the same lot, including the repair of goods of the type sold in permitted stores; provided, that such repair may not be carried on as a separate business except as specifically permitted in these use regulations; and provided further, that there is no manufacturing, assembling, compounding, processing or treatment of products other than that which is clearly incidental and essential to the permitted uses. Such uses, operations or productions are not objectionable due to odor, dust, smoke, noise, vibration or other similar causes;

D.

Conditional uses subject to conditional development approval by the planning commission, as follows:

1.

Conditional uses, as provided in Chapter 18.66 of this title,

2.

All uses proposing drive-in or drive-thru facilities,

3.

Convenience markets or liquor stores as defined in Chapter 18.106 of this title,

4.

Entertainment establishments as defined in Section 18.04.315 of this title may be permitted subject to a conditional development permit;

E.

Other uses which in the judgement of the planning commission, as evidenced by a resolution in writing, are similar to and no more objectionable than any of the uses listed in this section, and further, are consistent with the intent of the Gateway Specific Plan land use arrangement.

(Ord. 1275 § 3, 1998; Ord. 1234 (part), 1995)

18.31.025 - Reserved. ¶

Editor's note— Ord. No. 1594, § 5(F), adopted November 14, 2017, repealed § 18.31.025, which pertained to prohibited uses and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.31.030 - Height, bulk and space requirements. ¶

Minimum height, bulk and space requirements are:

A.

Building height limit, two and one-half stories and not to exceed thirty-five feet.

Front yard and street side yard, twenty-five feet; which shall be fully landscaped. Parking of motor vehicles is not permitted in the required yard area.

C.

Rear yard and interior side yard, as provided by Section 18.32.030(C) and (D).

(Ord. 1234 (part), 1995)

18.31.040 - Signs.

As provided by Section 18.102.060(H) of this title, subject to design review.

(Ord. 1234 (part), 1995)

18.31.050 - Off-street parking.

As provided by Chapter 18.58 of this title.

(Ord. 1234 (part), 1995)

18.31.060 - Use conditions.

A.

The primary purpose of the zone is to provide retail sales and business services consistent with the goals, policies and objectives of the Gateway Specific Plan; and, to provide for a certain range of business activities which will be developed and conducted in a manner that enhance the image of the area.

B.

In order that buildings, structures, signs, landscaping and other improvements will be consistent with the development guidelines of the Gateway Specific Plan, and compatible with surrounding uses and structures, no change of existing use of a building or grounds shall be made, nor shall any buildings or structure by constructed, altered, or removed until a detailed plan for the work proposed to be done has been submitted to the community development director or planning commission if a conditional development permit is sought, for approval. In the review of a proposal, the community development director or planning commission, as applicable, shall use and refer to design and performance guidelines contained in the specific plan, the detailed standards contained in this chapter and the general requirements of this title. Particular attention is to be given to the following review elements:

1.

Site plan, appropriateness of layout and function and the relationship to existing buildings and structures in the general vicinity or area within the specific plan;

2.

Building height, bulk, area and design (including materials and colors);

Architectural and security lighting;

4.

Location and adequacy of loading and automobile parking areas;

5.

Landscape and hardscape (paving) treatments;

6.

Setback distances from all property lines;

7.

Size, type and location of signs.

(Ord. 1234 (part), 1995)

(Ord. No. 1645, § 3, 7-14-20)

Chapter 18.32 - C-2 CENTRAL COMMERCIAL ZONE

Sections:

18.32.010 - Regulations established. ¶

The regulations established by this chapter apply in the C-2, central commercial zone, unless otherwise provided in this title.

(1965 code Title XII, Ch. 16, § 1)

18.32.020 - Permitted uses.

Uses permitted are as follows:

A.

Any use permitted in the C-1 zone;

Any use permitted in the A-P zone, except residential uses;

Any of the following uses:

1.

Retail stores and businesses,

2.

Amusement enterprises, including outdoor theaters and amusement arcades,

3.

4.

Automobile sales agency, with incidental service and repairs,

5.

Bakeries employing not more than ten persons,

6.

Banks, financial offices, loan offices, etc.,

7.

Barber and beauty shops,

8.

Blueprinting and photostatic establishments,

9.

Business colleges, trade schools, music conservatories, dancing schools and similar organizations offering training in specific fields,

10.

Catering establishments,

12.

Decorating, paper hanging, and upholstery shops,

13.

Dog grooming shops, provided that no dogs are kept on the premises overnight,

14.

Dry cleaning, pressing and dyeing plants using noninflammable and nonexplosive cleaning fluid and employing less than ten persons,

15.

Employment agencies,

16.

Fortunetelling, palmistry, hypnotism, etc.,

17.

Frozen-food lockers,

Furriers and fur storage,

Gymnasiums or physical culture establishments,

20.

Hardware, appliances, and electrical supply stores, and repairing,

21.

Hotels may be permitted subject to a conditional development permit,

22.

Launderette service: Where individual family sized laundry equipment is rented for use by the customer,

23.

Laundries: All hand laundries and any small power laundries operated in conjunction with retail service counter on the premises where not more than two thousand square feet of floor space is devoted to the laundering and finishing processes, provided the total operating capacity of all commercial washing machines shall not exceed three hundred pounds,

24.

Lock and gun smiths,

25.

Music or vocal instructions,

Personal service shops: barber, beauty, health, baths, etc.,

27.

Pet shops, bird stores, taxidermists,

28.

Photographic studios and camera supplies,

29.

Printing shop, lithographing, newspaper office,

30.

Radio and television stations and masts,

31.

Repair and servicing of office and household equipment,

Restaurants, cafeterias, dining rooms, grills, diners, bars, etc.,

Shoe repair and shoe shine shops,

34.

Plumbing, sign painting and upholstery shops when all operations are conducted within an enclosed building,

Tailors, dressmakers, milliners,

Taxi stands limited to five taxis,

Wedding chapel,

Accessory buildings and uses customarily incident to any of the above uses when located on the same lot provided that:

a.

There is no manufacture, compounding, processing, or treatment of products other than that which is clearly incidental and essential to a retail store or business and where all such products are sold at retail on the premises.

b.

Such uses, operations or productions are not objectionable due to odor, rust, smoke, noise, vibration or other similar causes,

39.

Other uses which are subject to a conditional development permit (See Chapter 18.66),

40.

Entertainment establishments as defined in Section 18.04.315 of this title may be permitted subject to a conditional development permit.

(Ord. 1275 § 4, 1998; Ord. 1267 § 1, 1997; Ord. 1063 § 1, 1989; Ord. 849 (part), 1982: Ord. 629 § 2, 1972; Ord. 596 § 2, 1970; 1965 code Title XII, Ch. 16, § 2)

18.32.025 - Reserved. ¶

Editor's note— Ord. No. 1594, § 5(G), adopted November 14, 2017, repealed § 18.31.025, which pertained to prohibited uses and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.32.030 - Height, bulk and space requirements.

Minimum height, bulk and space requirements are as follows:

A.

Building height limit, up to six stories or seventy-five feet, with the exception that no portion of any building, or any other structure normally permitted to exceed the height limit in Section 18.56.010, shall encroach within the navigable airspace for the Rialto Municipal Airport as established by Federal Aviation Regulation Part 77 (Objects Affecting Navigable Airspace);

B.

Front yard, none required;

C.

Side yard, none, except that on lots siding to an R zone there shall be a side yard of not less than five feet;

Rear yard, none, except that on lots which rear to an R zone a rear yard of fifteen feet is required.

(Ord. 1196 § 1, 1993; 1965 code Title XII, Ch. 16, § 3)

18.32.040 - Signs.

As provided by Section 18.102.060(H) of this title.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 16, § 4)

18.32.050 - Off-street parking.

For off-street parking and loading requirements, see Chapter 18.58.

(Ord. 1057 § 2 (10), 1989: 1965 code Title XII, Ch. 16, §§ 5, 6)

18.32.060 - Use conditions.

Unless otherwise permitted all uses shall be conducted inside of an enclosed building.

(1965 code Title XII, Ch. 16, § 7)

Chapter 18.33 - F-C FREEWAY COMMERCIAL ZONE

Sections:

18.33.010 - Regulations established. ¶

The regulations established by this chapter apply to the F-C freeway commercial zone, unless otherwise provided in this title.

(Ord. 1234 (part), 1995)

18.33.020 - Permitted uses.

A.

Subject to precise plan of design review, uses permitted are as follows:

1.

All uses permitted in the R-C retail commercial zone (excepting parcels within three hundred feet of public educational facilities),

2.

Automotive parts, services and repair (excluding major component and engine rebuilding or body and fender work) when all work is conducted indoors (excepting parcels within three hundred feet of public educational facilities),

3.

Restaurants, cafes, cafeterias, dining rooms grill, diners, etc. (excluding drive-in or drive- thru) (excepting parcels within three hundred feet of public educational facilities);

B.

Accessory buildings and uses customarily incidental to the permitted use when located on the same lot;

C.

Conditional uses (subject to review provisions), as follows:

1.

Permitted uses proposed within three hundred feet of public educational facilities,

2.

Hotels, motor inns, motels and other traveler accommodations,

3.

Automotive and truck motor full retail dispensing and serving,

4.

Food and beverage service involving drive-in or drive-thru facilities,

5.

Entertainment establishments as defined in Section 18.04.315 of this title may be permitted subject to a conditional development permit;

D.

Other uses which in the judgment of the planning commission as evidenced by a resolution in writing, are similar to and no more objectionable than any of the uses listed in this section, and further, are consistent with the intent of the Gateway Specific Plan land use arrangement.

(Ord. 1275 § 5, 1998; Ord. 1234 (part), 1995)

18.33.025 - Reserved. ¶

Editor's note— Ord. No. 1594, § 5(H), adopted November 14, 2017, repealed § 18.31.025, which pertained to prohibited uses and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.33.030 - Height, bulk and space requirements. ¶

Minimum height, bulk and space requirements are:

A.

Building height, limit, four stories and not to exceed fifty-five feet.

B.

Front and street side yard twenty-five feet; which shall be fully landscaped. Parking of motor vehicles is not permitted in the required yard area.

C.

Rear yard and interior side yard, as provided by the retail-commercial zone.

(Ord. 1234 (part), 1995)

18.33.040 - Signs.

As provided by Section 18.102.060(H) of this chapter.

(Ord. 1234 (part), 1995)

18.33.050 - Off-street parking.

As provided by Chapter 18.58 of this title, subject to design review.

(Ord. 1234 (part), 1995)

18.33.060 - Use conditions.

A.

The primary purpose of the zone is to provide uses and services to the motoring public and may also include other business activities which by their nature or method of marketing require immediate freeway access, or exposure from freeways.

B.

In order that buildings, structures, signs, landscaping and other improvements will be consistent with the development guidelines of the Gateway Specific Plan, and will be compatible with surrounding uses and structures, no change of existing use of a building or grounds shall be made, nor shall any buildings or structure by constructed, altered, or removed until a detailed plan for the work proposed to be done has been approved by the community development director or planning commission if a conditional development permit is sought. In the review of a proposal, the community development director or planning commission, as applicable, shall use and refer to design and performance guidelines contained in the specific plan, the detailed standards contained in this chapter and the general requirements of this title. Particular attention is to be given to the following review elements:

1.

Site plan, appropriateness of layout and function and the relationship to existing buildings and structures in the general vicinity or area within the specific plan;

Building height, bulk, area and design (including materials and colors);

3.

Architectural and security lighting;

4.

Location and adequacy of loading and automobile parking areas;

5.

Landscape and hardscape (paving) treatments;

6.

Setback distances from all property lines;

7.

Size, type and location of signs.

(Ord. 1234 (part), 1995)

(Ord. No. 1645, § 3, 7-14-20)

Chapter 18.34 - C-3 GENERAL COMMERCIAL ZONE

Sections:

18.34.010 - Regulations established. ¶

The regulations established by this chapter apply in the C-3 general commercial zone, unless otherwise provided by this title.

(1965 code Title XII, Ch. 17, § 1)

18.34.020 - Permitted uses.

Uses permitted are as follows:

Any use permitted in the C-2 zone;

B.

Animal hospital;

C.

Body and fender shop when operated wholly within a building;

D.

Bottling plant;

E.

Skating rinks and boxing arenas;

F.

Drive-in theatres;

G.

Funeral homes, undertaking establishments, crematoria;

H.

Furniture warehouse for storing personal household goods;

I.

Mechanical auto wash;

J.

Motels may be permitted subject to a conditional development permit;

K.

Nurseries, flowers or plants and greenhouses;

L.

Poultry or rabbit killing incidental to a retail business;

M.

Repair garages;

N.

Tire retreading or recapping conducted entirely within an enclosed building;

Used car lots;

P.

Wholesale and jobbing establishments, provided all storage is conducted within an entirely enclosed building and subject to review and approval of the development plan by the planning commission;

Q.

Other uses which are subject to a conditional development permit. (See Chapter 18.66);

Radiator repair;

S.

Large collection facilities for recyclable materials as permitted in Ch. 18.108;

T.

Entertainment establishments as defined in Section 18.04.315 of this title may be permitted subject to a conditional development permit;

U.

Tattoo parlors, subject to the issuance of a conditional development permit;

V.

Arcades, subject to the issuance of a conditional development permit.

(Ord. 1371 §§ 1, 2, 2005; Ord. 1275 § 6, 1998; Ord. 1273 § 4 (part), 1998; Ord. 1161 § 2(2), 1992; Ord. 1063 § 2, 1989; Ord. 939, 1985; 1965 code Title XII, Ch. 17, § 2)

18.34.025 - Reserved.

Editor's note— Ord. No. 1594, § 5(I), adopted November 14, 2017, repealed § 18.31.025, which pertained to prohibited uses and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.34.030 - Height, bulk and space requirements.

The C-2 central commercial zone regulations apply to the height, bulk and space requirements in the C-3 zone.

(1965 code Title XII, Ch. 17, § 3)

18.34.040 - Signs.

All advertising signs and structures are permitted including billboards and outdoor advertising signs, see Section 18.102.060(H).

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 17, § 4)

18.34.050 - Off-street parking.

For off-street parking and loading requirements see Chapter 18.58.

(Ord. 1057 § 2 (11), 1989; 1965 code, Title XII, Ch. 17, §§ 5, 6)

Chapter 18.35 - I-P INDUSTRIAL PARK ZONE

Sections:

18.35.010 - Regulations established.

The regulations established by this chapter apply in the I-P industrial park zone, unless otherwise provided by this title.

(Ord. 1234 (part), 1995)

18.35.020 - Permitted uses.

Subject to the precise plan of design review, uses permitted are as follows:

1.

Contractor and general trade office and storage, excluding contractors' storage yards, where all storage (except vehicles) is contained within an enclosed building (excepting parcels within three hundred feet of public educational facilities),

2.

Minor assembly, fabrication, adjustment or repair of previously manufactured items where no more than five persons are employed in such operation,

3.

Printing and publishing,

4.

Warehousing and storage within an enclosed building,

Wholesale sales and distribution facilities, where all products or merchandise is maintained in an enclosed building,

6.

Emergency shelter;

B.

Accessory buildings and uses customarily incidental to the permitted uses when located on the same lot, including the retail sales of merchandise stocked for wholesale distribution;

C.

Conditional uses, subject to a conditional development permit by the planning commission as follows:

1.

Permitted uses proposed within three hundred feet of public educational facilities,

2.

Conditional uses as provided in Chapter 18.66,

3.

Trade or technical schools,

4.

Truck terminals (excepting parcels within three hundred feet of public educational facilities),

5.

Commercial uses permitted in the freeway commercial zone,

6.

Steel fabrication and manufacturing,

D.

Other uses which in the judgment of the planning commission, as evidenced by a resolution in writing, are similar to and no more objectionable than any of the uses listed in this section, and further, are consistent with the intent of the Gateway Specific Plan land use arrangement;

E.

Electric vehicle charging stations, in accordance with Chapter 15.64 of the code.

(Ord. 1234 (part), 1995)

(Ord. No. 1499, § 2, 2-14-12; Ord. No. 1597, § 9, 11-28-17; Ord. No. 1642, § 6, 7-14-20)

18.35.025 - Reserved.

Editor's note— Ord. No. 1594, § 5(J), adopted November 14, 2017, repealed § 18.31.025, which pertained to prohibited uses and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.35.030 - Height, bulk and space requirements.

Minimum height, bulk and space requirements are:

A.

Building height limit, two and one half stories and not to exceed thirty-five feet.

B.

Front yard and street side yard, twenty-five feet; which shall be fully landscaped. Parking of motor vehicles is not permitted in the required yard area.

C.

Rear yard and interior side yard, as provided by the C-2 zone.

(Ord. 1234 (part), 1995)

18.35.040 - Signs.

As provided by Section 18.102.060(H) of this title.

(Ord. 1234 (part), 1995)

18.35.050 - Off-street parking.

A.

The primary purpose of the zone is to provide wholesale sales and business or trade services consistent with the goals, policies and objectives of the Gateway Specific Plan, and, to provide for a certain range of light industrial activities which will be developed and conducted in a manner that enhance the image of the area.

B.

plan, the detailed standards contained in this chapter, and the general requirements of this title. Particular attention is to be given to the following review elements:

1.

Site plan, appropriateness of layout and function and the relationship to existing buildings and structures in the general vicinity or area within the specific plan;

2.

Building height, bulk, area and design (including materials and colors);

3.

Architectural and security lighting;

4.

Location and adequacy of loading and automobile parking areas;

5.

Landscape and hardscape (paving) treatments;

6.

Setback distances from all property lines;

7.

Size, type and location of signs.

(Ord. 1234 (part) 1995)

(Ord. No. 1645, § 3, 7-14-20)

Chapter 18.36 - C-M COMMERCIAL—MANUFACTURING ZONE

Sections:

18.36.010 - Regulations established. ¶

The regulations established by this chapter apply in the C-M, commercial manufacturing zone, unless otherwise provided by this title.

(1965 code Title XII, Ch. 18, § 1)

18.36.020 - Permitted uses. ¶

Uses permitted are as follows:

Any use permitted in the C-3 zone;

Any use permitted in the M-l zone.

(1965 code Title XII, Ch. 18, § 2)

18.36.025 - Reserved.

Editor's note— Ord. No. 1594, § 5(K), adopted November 14, 2017, repealed § 18.31.025, which pertained to prohibited uses and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.36.030 - Height, bulk and space requirements.

The C-3, general commercial regulations apply to the height, bulk and space requirements in the C-M zone.

(1965 code Title XII, Ch. 18, § 3)

18.36.040 - Signs.

As provided by Section 18.102.060(H) of this title.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 18, § 4)

18.36.050 - Off-street parking.

For off-street parking and loading requirements, see Chapter 18.58.

(Ord. 1057 § 2 (12), 1989: 1965 code Title XII, Ch. 18, §§ 5, 6)

Chapter 18.38 - M-1 LIGHT MANUFACTURING ZONE

Sections:

18.38.010 - Regulations established.

The regulations established by this chapter apply in the M-l, light manufacturing zone, unless otherwise provided in this title.

(1965 code Title XII, Ch. 19, § 1)

18.38.020 - Permitted uses.

Uses permitted are as follows:

A.

Light manufacturing, processing or treatment of products;

B.

Any of the following uses:

1.

Assembly of machine and appliances from previously prepared parts,

2.

Auction houses, provided the use is conducted entirely within an enclosed building and no stalls or sales are allowed outside of the building and there is no outside storage, and subject to a conditional development request to be filed and approved by the planning commission,

3.

Automobile, truck, airplane, motorcycle, bicycle and farm machinery assembly, painting, repair and sales,

4.

Bakeries or baking plants,

5.

Bedding, carpet and pillow manufacturing, cleaning and renovating,

6.

Blacksmith and horseshoeing shop,

7.

Boat building,

8.

Body and fender works when operated wholly within a building,

9.

Book bindery,

10.

Bus repair and storage terminals,

Circuses, carnivals, fairs,

12.

Cleaning and dyeing plant,

13.

Electric light or power generating station and electric distribution and transmission substation,

Electric plating,

Flower, feed and seed processing and sales,

16.

Food products manufacturing except the following: Fish, and meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils,

17.

Fruit or vegetable packing and shipping plants,

Ice and cold storage plants,

Laboratories,

Laundries,

21.

Lumber yards, building materials storage and sales, contractors storage yard or plant,

22.

Machine shop,

23.

Neon or electric sign manufacture,

Planing or saw mills,

25.

Plumbing shop and yard,

26.

Printing, publishing and reproduction establishments,

27.

Radio and television stations and masts,

Sheet metal plant,

Truck terminals, repair shops, hauling and storage yards,

30.

Waste paper and rags, collection and bailing, when conducted entirely within an enclosed building,

31.

Wholesale and jobbing establishment including incidental retail outlets for only such merchandise as is handled at wholesale,

32.

Other uses which are subject to a conditional development permit (see Chapter 18.66),

33.

Foundries or metal fabrication plants using plate and structural shapes,

34.

Small and large collection facilities for recyclable materials as permitted in Chapter 18.108,

35.

Light processing facilities for recyclable materials as permitted in Chapter 18.108,

36.

Restaurant, cafe and sandwich shop;

Electric vehicle charging stations, in accordance with Chapter 15.64 of the code.

(Ord. 1248, 1996; Ord. 1161 § 2(3, 4), 1992; 1965 code Title XII, Ch. 19, § 2)

(Ord. No. 1597, § 10, 11-28-17; Ord. No. 1633, § 2, 1-28-20)

18.38.025 - Reserved.

Editor's note— Ord. No. 1594, § 5(L), adopted November 14, 2017, repealed § 18.31.025, which pertained to prohibited uses and derived from Ord. No. 1453, adopted October 13, 2009 and Ord. No. 1570, adopted August 9, 2016.

18.38.030 - Height, bulk and space requirements.

Minimum height, bulk and space requirements are as follows:

Building height limit, same as for C-2 zone;

B.

Front yard, twenty-five feet;

Side yard, same as for C-2 zone;

Rear yard, same as for C-2 zone.

(1965 code Title XII, Ch. 19, § 3)

18.38.040 - Signs.

As provided by Section 18.102.060(I) of this title.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 19, § 4)

18.38.050 - Off-street parking.

For off-street parking and loading requirements, see Chapter 18.58.

(Ord. 1057 § 2 (13) 1989: 1965 code Title XII, Ch. 19, §§ 5, 6)

18.38.060 - Use conditions.

Uses in the M-1 zone are planned, developed, conducted and operated so that smoke, fumes, dust, odors, liquids and other waste of any kind is confined and/or purified to control pollution of air, soil or water to

meet the standards and requirements of the planning commission in such manner as to provide no threat to public health and welfare. They also shall not be obnoxious or offensive by reason of noise, vibrations or similar causes

(1965 code Title XII Ch. 19, § 7)

Chapter 18.40 - PLANNED INDUSTRIAL DEVELOPMENT (PID) ZONE[[3]]

Footnotes:

--- ( 3 ) ---

Prior ordinance history: Ords. 565, 572, 647, 700, 1057 and 1965 Code Title XII Ch. 24.

18.40.010 - Regulations established. ¶

The planned industrial development (PID) zone is established for the development of manufacturing, assembly, fabricating, warehousing, wholesale distributing uses, administrative offices and other compatible and related uses. The regulations of the PID zone are intended to minimize traffic congestion, noise, glare, air pollution water pollution and fire and safety hazards and to create through high development standards, a well designed, efficient, clean and visually appealing industrial complex.

(Ord. 1122 § 1 (part), 1990)

18.40.020 - Permitted uses. ¶

In the PID zone, land may be used and buildings and structures erected maintained and used if they are intended, arranged or designed for the following uses:

A.

Airport Uses. Any facilities related to an airport including heliport and aircraft operations when located on airport property;

B.

Commercial uses as follows:

1.

Administrative and professional offices,

2.

Aircraft sales servicing and repairs including sale of aviation fuels,

3.

Banks and savings and loan institutions,

Blueprinting and photocopying,

5.

Commercial retail and service establishments located in an airport terminal building,

6.

Field crops,

7.

Printing, lithographing publishing,

8.

Restaurant, cafe with cocktail lounge;

C.

Manufacturing uses when conducted within a permanent and completely enclosed building as follows:

1.

Assembly of electrical appliances, electronic devices and instruments, radios, phonographs or televisions, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders, and the like,

2.

Assembly of machinery and transportation equipment,

3.

Foundry casting of lightweight nonferrous metals not causing noxious fumes or odors,

4.

Machine shop, excluding punch presses over twenty tons rated capacity, drop hammers and automatic screw machines,

5.

Manufacture of musical instruments, toys, novelties and rubber and metal stamps,

6.

Manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries and food products,

Manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: asbestos, bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, commercial metals, stone, shell, textiles, tobacco, wood, yam and paint not employing a boiling process,

8.

Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas,

9.

Manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like,

10.

Research, development and data processing laboratories including:

Chemical,

Dental,

Electrical,

Mechanical,

Medical,

Optical;

D.

Wholesaling, warehousing and storage when conducted within a permanent and completely enclosed building;

Accessory Uses. Accessory uses and structures may be permitted if they are clearly incidental to, and when placed upon the same lot or parcel with the permitted use;

F.

Similar Uses Permitted by Commission Determination. The planning commission may, by resolution of record, permit any other uses which it may determine to be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses permitted in this zone;

G.

Electric vehicle charging stations, in accordance with Chapter 15.64 of the code.

Lot depth, minimum one hundred feet;

E.

Front yard setback, minimum thirty feet;

F.

Side and rear yard setbacks, minimum twenty-five feet. Side and year yard setbacks may be reduced as determined by the planning commission to be appropriate and desirable for the proposed use, based upon the review and approval of the site plan and elevation details of all proposed development on the site. All information required in an application for precise plan of design shall be submitted to the planning commission for its review and approval, together with any additional information that the planning commission may require in order to make its determination;

G.

Buildings and structures located adjacent to an airport runway or taxiway shall be set back the minimum distance consistent with the Federal Aviation Administration (FAA) Airport Development Standards;

H.

Buildings and structures shall be set back not less than one hundred feet from any side or rear property line which abuts any residential zone a six-foot high masonry wall shall be constructed along the property line, except that the wall shall be reduced to three and one-half feet in height within the front yard setback area of the adjacent residential zone;

I.

Front yard landscaped area, minimum twenty-five feet as measured from back of sidewalk, or from back of curb where there is no sidewalk required.

(Ord. 1122 § 1 (part), 1990)

18.40.060 - Sign requirements. ¶

Signs are permitted in accordance with the provisions of Chapter 18.102 regulating signs in the PID zone.

(Ord. 1122 § 1 (part), 1990)

18.40.070 - Off-street parking requirements.

Off-street parking and loading requirements are in accordance with the provisions of Chapter 18.58 for the type of uses permitted in the PID zone.

(Ord. 1122 § 1 (part), 1990)

18.40.080 - Use conditions.

A.

Outdoor Storage and Waste Disposal. All goods wares merchandise materials containers and other objects or items which are stored, offered or displayed for sale or exchange shall be housed in permanent buildings unless screened from view from adjacent properties as required by the planning commission in the approval of a conditional development permit. This requirement does not apply to such items in the process of being transported or the sale lease and storage of aircraft.

B.

Buildings. All structures erected within the PID zone not located on airport property shall be constructed of heavy timber ceramics masonry concrete stucco or other materials being similar in nature. With the exception of trim and minor architectural features, the use of metal panels in the construction of the exterior of structures is not permitted.

C.

Fire and Explosive Hazards. All storage and activities involving flammable and explosive materials shall be protected against the hazard of fire and explosion with adequate fire fighting and fire suppression equipment and devices. All incineration is prohibited. All federal, state and local laws and ordinances apply to the location and regulation of flammable liquids, gasses and materials.

D.

Electrical Disturbance. Devices which radiate radio-frequency energy shall be operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located.

E.

Dust. Every use shall be operated so that is does not emit dust in such quantities as to be readily detectable on any boundary line of the lot on which the use is located.

F.

Glare. Glare from arc welding, acetylene torch cutting or similar processes shall be performed within a building and shall not be visible from any point beyond the property on which the activity is located.

(Ord. 1122 § 1 (part), 1990)

Chapter 18.42 - M-2 GENERAL MANUFACTURING ZONE

Sections:

18.42.010 - Regulations established. ¶

The regulations established by this chapter apply in the M-2, general manufacturing zone, unless otherwise provided in this title.

(1965 code Title XII, Ch. 20, § 1)

18.42.020 - Permitted uses. ¶

Uses permitted in the M-2 general manufacturing zone are all uses permitted in the M-l zone and any other use not prohibited by law including the following:

A.

Alcohol and alcoholic beverages manufacture;

B.

Brick, pottery, tile or terra cotta manufacture and ceramic products;

C.

Central mixing plants for Portland cement concrete, mortar and plaster;

D.

Cellophane and celluloid manufacture;

E.

Cooperage works;

F.

Cosmetics and perfume manufacture;

G.

Dye stuff manufacture;

H.

Enameling Japanning lacquering or the plating or galvanizing of metals;

I.

Excelsior and fiber manufacture;

J.

Felt manufacture;

K.

Fertilizer manufacture but only from inorganic material;

L.

Gas manufacture for public distribution;

M.

Gasoline, liquefied petroleum gas, oil or other inflammable liquids storage;

Glass manufacture;

O.

Livery stables riding academies or livestock barns;

P.

Locomotive and railroad car repair and manufacture;

Machine and tool manufacture;

R.

Oxygen manufacture and/or storage;

S.

Paint and enamel manufacture not employing a boiling process;

T.

Paper pulp cardboard and building board manufacture;

U.

Pickles, sauerkraut, yeast or vinegar processing;

V.

Plastics manufacture;

W.

Plating works;

X.

Potash works;

Y.

Pottery, porcelain, and vitreous manufacture;

Z.

Rag, bag, carpet cleaning establishments;

AA.

Railroad freight yards, terminals or classification yards and rights-of-way;

BB.

Scrap paper or rag storage sorting or bailing when conducted within a building;

CC.

Tar roofing, water proofing or treatment plants;

DD.

Textile machinery manufacture;

EE.

Auto wrecking yards, salvage yards, junkyards and heavy construction equipment yards may be permitted subject to a conditional development permit;

FF.

Explosives, ammunition, matches, rocket propellants, fireworks manufacture and/or storage may be permitted subject to a conditional development permit;

GG.

Other uses subject to a conditional development permit, see Chapter 18.66;

HH.

Uses customarily incident to any permitted use and accessory buildings;

II.

Asphalt manufacture or refining may be permitted subject to a conditional development permit;

JJ.

Tire retreading and recapping operations may be permitted, subject to a conditional development permit;

KK.

Heavy processing facilities for recyclable materials as permitted in Ch. 18.108.

(Ord. 1161 § 2(5), 1992; Ord. 1046 § 1 (part), 1988; Ord. 927 § 1, 1985; Ord. 706 § 1, 1976; Ord. 622 § 1, 1972; Ord. 578 §§ 2, 3, 1968: 1965 code Title XII, Ch. 20, § 2(A)(B))

18.42.030 - Prohibited uses. ¶

The following uses shall not be permitted:

A.

Animal slaughtering except that poultry or rabbit slaughtering is permitted;

B.

Acetylene gas manufacture and/or storage;

C.

Acid manufacture;

D.

Ammonia, bleaching powder or chlorine manufacture;

E.

Cement, lime, gypsum, plaster, or plaster of paris;

F.

Creosote manufacturing or treatment plants;

G.

Charcoal, lampblack, and fuel briquette manufacture;

H.

Disinfectant, insecticide or poison manufacture;

I.

Distillation of bones, coal, petroleum, refuse grain, tar, and weeds;

Dumps and slag piles;

K.

Fat rendering, production of fats and oils from animal or vegetable products by boiling or distillation;

L.

Fertilizer manufacture except as specifically permitted in Section 18.42.020;

Forge plants;

N.

Garbage, offal and animal reductions, incineration or processing;

O.

Gasoline, petroleum, or kerosene distillation, refining or derivation of by-products;

P.

Glue, size or gelatin manufacture;

Q.

Linseed oil, shellac, turpentine, manufacture or refining;

Oilcloth or linoleum manufacture;

S.

Ore reduction;

T.

Rubber or gutta-percha manufacture or treatment of rubber products, except that tire retreading and recapping operations may be permitted, subject to a conditional development permit;

U.

Soap, soda and washing compound manufacture;

V.

Stockyards, cattle feeding yards, hog ranches;

W.

Tanning, cutting, curing of hides or skins;

X.

Other uses which by written decision are determined by the commission to be detrimental to the public welfare by reason of the emission of odor, dust, smoke, gas, noise, vibration, or other causes.

(Ord. 1046 § 1 (part), 1988; Ord. 927 § 2, 1985: Ord. 578 § 1, 1968: 1965 code Title XII, Ch. 20, § 2(C))

18.42.040 - Height, bulk and space requirements.

Minimum height, bulk and space requirements are as follows:

A.

Building height limit, same as the C-2 zone;

B.

Front yard, twenty-five feet;

C.

Side yard, same as the C-2 zone;

D.

Rear yard, same as the C-2 zone.

(1965 code Title XII, Ch. 20, § 3)

18.42.050 - Signs.

As provided by Section 18.102.060(I) of this title.

(Ord. 1234 (part), 1995: 1965 code Title XII, Ch. 20, § 4)

18.42.060 - Off-street parking.

For off-street parking and loading requirements, see Chapter 18.58.

(Ord. 1057 § 2 (15), 1989: 1965 code Title XII, Ch. 20, §§ 5, 6)

18.42.070 - Use conditions.

Uses in the M-2 zone shall be planned, developed, conducted and operated so that smoke, fumes, dust, odors, liquids and other waste of any kind is confined and/or purified to control pollution of air, soil, or water to meet the standards and requirements of the planning commission in such manner as to provide no threat to public health and welfare. They also shall not be obnoxious or offensive by reason of noise, vibrations or similar causes

(1965 code Title XII, Ch. 20 § 7)

Chapter 18.43 - RIALTO AVENUE-CEDAR AVENUE CORRIDOR COMMERCIAL OVERLAY ZONE[[4]]

Sections:

Footnotes:

--- ( 4 ) ---

Prior ordinance history: Ord. 1014.

18.43.010 - Purpose.

The Rialto Avenue-Cedar Avenue corridor commercial overlay zone is established by this chapter in order to achieve the following purposes:

A.

To provide opportunities for commercial retail and administrative-professional office uses to be located on appropriate M-1 (light manufacturing) or M-2 (general manufacturing) zoned properties having frontage on portions of Rialto Avenue and Cedar Avenue;

B.

To allow new commercial development and the conversion of existing manufacturing and industrial properties into commercial and office uses within certain industrially-zoned areas, subject to conditions and requirements designed to promote orderly and harmonious use of land for mixed commercial and industrial businesses.

(Ord. 1308 § 1 (part), 2000)

18.43.020 - Application. ¶

The Rialto Avenue-Cedar Avenue corridor commercial overlay zone established by this chapter shall apply to all M-1 (light manufacturing) and M-2 (general manufacturing) zoned properties located within the corridors having direct frontage on the portion of Rialto Avenue extending between Willow Avenue on the east and Linden Avenue on the west, and on the portion of Cedar Avenue extending between the former P.E. Railroad right-of-way on the north and Merrill Avenue on the south.

(Ord. 1308 § 1 (part), 2000)

18.43.030 - Conditional development permit required. ¶

Where a site is located within the established Rialto Avenue-Cedar Avenue corridor commercial overlay zone is classified in the M-1 (light manufacturing) or M-2 (general manufacturing) districts, C-3 (general commercial) uses allowed under Section 18.34.020 may be permitted subject to approval of a conditional development permit in accordance with provisions of Chapter 18.66 and subject to the following findings made by the planning commission precedent to the granting of such approval:

A.

The site for the proposed commercial use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed commercial use and development in a manner compatible with existing land uses, with the exception that the proposed development may be constrained from future expansion;

B.

The development site has adequate access to those utilities and other services required for the proposed commercial use;

C.

The proposed commercial use will be arranged, designed, constructed and maintained so as to be compatible with the character of the industrial area as intended by the General Plan designation of industrial park uses;

D.

Potential adverse effects upon the surrounding properties will be minimized to the extent practical and any remaining adverse effects are justified by the benefits conferred upon the neighborhood or community as a whole.

(Ord. 1308 § 1 (part), 2000)

18.43.040 - Development standards for commercial development on M-1 (light manufacturing) and M-2 (general manufacturing) zoned properties.

Commercial uses permitted under the provisions of Section 18.43.030 shall conform to the following standards:

A.

Front Yard. The minimum front yard setback for buildings shall be twenty-five feet measured from the public right-of-way. In an instance of a through lot having frontage on two parallel streets, the building setbacks shall be twenty-five feet measured from the right-of-way of each street. Walls, fences and other nonbuilding structures that do not encroach within the required landscaped areas may be located within the front yard setback area as approved by the community development director or planning commission, as applicable.

B.

Side Yards. There are no side yards required, with the following exceptions:

1.

On the street side of a corner lot, the minimum side yard shall be fifteen feet measured from the public right-of-way.

2.

Side yards may be required in accordance with the provisions of the applicable Uniform Building Code for the type and design of construction, and/or the proposed occupancy of the building.

C.

Rear Yard. There is no rear yard required, with the exception that a rear yard may be required in accordance with the provisions of the applicable Uniform Building Code for the type and design of construction and/or the proposed occupancy of the building.

D.

Landscaping. A minimum of twenty-foot depth of front yard setback area and fifteen-foot depth of street side yard setbacks area shall be landscaped and permanently maintained in accordance with a landscaping plan approved by the community development director or planning commission, as applicable.

E.

Building Height. The maximum building height is six stones or seventy-five feet No building, or any wall, fence or other structures, with the exception of approved signs, shall exceed three and one-half feet in height above the ground level within the required front or street side yard landscaped areas.

F.

Off-street Parking. For off-street parking and loading requirements for commercial uses within the overlay zone, see Chapter 18.58.

G.

Sign Requirements. Signs are permitted for commercial uses in accordance with the sign requirements for the C-3 (general commercial) zone in Section 18.102.060(H).

H.

Exceptions. When an existing industrial building site is proposed to be converted either partially or wholly to a commercial use, the planning commission may waive any requirements of this section calling for greater yard spaces or amounts of required off-street parking and loading spaces than exist, provided that the commission may impose any other requirements that are deemed necessary and appropriate as conditions of approval of the conditional development permit.

(Ord. 1308 § 1 (part), 2000)

(Ord. No. 1645, § 3, 7-14-20)

Chapter 18.44 - P AUTOMOBILE PARKING ZONE

Sections:

18.44.010 - Regulations established. ¶

The regulations established by this chapter apply in the P, automobile parking zone, unless otherwise provided by this title.

(1965 code Title XII, Ch. 21, § 1)

18.44.020 - Permitted uses.

Uses permitted are as follows:

A.

Open air, temporary parking of transient automobiles;

Buildings incidental to parking;

C.

Electric vehicle charging stations, in accordance with Chapter 15.64 of the code.

(1965 code Title XII, Ch. 21, § 2)

(Ord. No. 1597, § 12, 11-28-17)

18.44.030 - Use conditions.

The plans for all parking lots, buildings, and signs shall be submitted to the commission for review and approval especially in relation to places of ingress and egress and the relationship to abutting uses.

B.

The lot may be used only for parking and not for any kind of sales, dead storage, repair work, dismantling or servicing.

C.

Uses permitted in this zone shall be developed in agreement with the design standards for office, commercial and industrial parking facilities in Chapter 18.58.

(Ord. 1057 § 2 (16), 1989: 1965 code Title XII, Ch. 21, § 3)

Chapter 18.45 - T-C TRANSPORTATION CORRIDOR ZONE

Sections:

18.45.010 - Purpose. ¶

The T-C transportation corridor zone is established by this chapter to provide for and ensure the preservation of certain public transportation rights-of-way and to achieve the following purposes:

A.

To ensure that adequate land is available for the provision of future modes of transportation for use by the public.

B.

To ensure that development in the transportation corridor zone is compatible with the general plan and surrounding development and land uses.

C.

To ensure that all environmental factors are considered in conjunction with development in the transportation corridor zone.

D.

To provide for public improvements and other conditions of approval necessitated by development.

(Ord. 1153 § 1 (part), 1991)

18.45.020 - Permitted uses. ¶

In the T-C zone, land may be used and buildings and structures erected, maintained and used if they are intended, arranged or designed for the following uses:

A.

Railroad tracks and related facilities;

B.

Light-rail transit related facilities consisting of:

1.

Tracks,

2.

Energy transmission facilities, including rights-of-way and pressure control or booster stations for gasoline, electricity, natural gas, synthetic natural gas, oil or other forms of energy sources,

3.

Maintenance and repair facilities,

4.

Stations and related parking facilities;

C.

Public recreational facilities limited to:

1.

Passive open space,

2.

Bicycle paths,

3.

Pedestrian trails;

D.

Public streets and other public rights-of-way;

E.

Any other use which the planning commission or city council may determine to be similar to the permitted uses in the zone and are compatible with the intent and purposes of the zone.

(Ord. 1153 § 1 (part), 1991)

18.45.030 - Sign requirements. ¶

Signs are permitted in accordance with the provisions of Chapter 18.102 regulating signs for the C-1 and C-1A commercial zones. Off-site advertising structures (billboards) are specifically prohibited within the T-C zone.

(Ord. 1153 § 1 (part), 1991)

18.45.040 - Off-street parking requirements. ¶

Off-street parking and loading requirements are in accordance with the provisions of chapter 18.58 for the type of uses permitted in the T-C zones.

(Ord. 1153 § 1 (part), 1991)

18.45.050 - Precise plan of design requirement. ¶

No building permit or other entitlement for any use in the T-C zone shall be issued until a precise plan of design has been approved for the property by the community development director or planning commission, as applicable. The precise plan of design may include provisions for any accessory use necessary to conduct any permitted use on the property. The community development director or planning commission, as applicable may impose any conditions for the precise plan of design determined necessary to implement and provide for consistency with the provisions of the T-C zone, the general plan, and any applicable specific plans, and to ensure that the proposed uses are sufficiently isolated from any existing and proposed rail facilities.

(Ord. 1153 § 1 (part), 1991)

(Ord. No. 1645, § 3, 7-14-20)

18.45.060 - Site development requirements. ¶

A.

Minimum Lot Area. There shall be no minimum lot area established for the T-C zone. The minimum size of the lot or property necessary for any proposed use shall be determined by the development review committee at the time of approval of the precise plan of design.

B.

Setbacks. The minimum setbacks for proposed uses in the T-C zone shall be required by the development review committee at lime of approval of the precise plan of design as determined necessary to ensure compatibility of the proposed development with surrounding existing development and proposed general plan land uses

(Ord. 1153 § 1 (part), 1991)

Chapter 18.46 - D ARCHITECTURAL DESIGN ZONE

Sections:

18.46.010 - Regulations established. ¶

Land classification in a D zone shall also be classified in another zone. The regulations established by this chapter apply in the D, architectural design zone, unless otherwise provided by this title.

(1965 code Title XII, Ch. 22, § 1)

18.46.020 - Procedure. ¶

In order that buildings, structures, signs, and landscaping will be in harmony with other structures and improvements in the area or with the master plan and not of obnoxious, undesirable, or unsightly appearance, no change of existing use of a building or grounds shall be made, nor shall any buildings or structure be constructed, altered, or removed until a detailed plan for the work proposed to be done has been submitted to the planning commission for approval In reviewing the proposal the commission gives consideration to the following:

A.

Site plan, particularly the relationship to the existing buildings and structures in the general vicinity and area or proposed by the master plan;

B.

Building height, bulk, area, and design,

C.

Location and adequacy of loading and automobile parking area,

Landscaped areas;

E.

Setback distances from all property lines;

F.

Size, type and location of signs.

In case the applicant is not satisfied with the action of the commission he/she may within thirty days after such action, appeal in writing to the city council. The council holds a public hearing on the appeal and renders its decision thereon within thirty days after the filing thereof.

(Ord. 1234 (part), 1995: 1965 code, Title XII, Ch. 22, § 2)

Chapter 18.47 - HAZARDOUS WASTE OVERLAY ZONE

Sections:

18.47.010 - Purpose. ¶

The hazardous waste (HW) overlay zone is established by this chapter in order to achieve the following purposes:

A.

To regulate the disposal, storage, generation transfer, treatment, handling and transportation of hazardous waste, materials and substances as defined in Section 18.47.030;

B.

To provide specific requirements applicable to the siting or expansion of a hazardous waste facility in order to safeguard life, health, property and the public welfare.

(Ord. 1174 § 1 (part), 1992)

18.47.020 - Application. ¶

The hazardous waste overlay zone established by this chapter shall apply to all properties located in the heavy industrial district of the Agua Mansa Industrial Corridor Specific Plan Area which conforms to the provisions of this chapter. The provisions of this chapter shall have precedence over the regulations of the district in which the properties are classified.

(Ord. 1174 § 1 (part), 1992)

18.47.030 - Definitions.

For the purpose of this chapter the following definitions shall apply:

A.

"Cement kiln incineration" means the burning of organic wastes as a supplementary fuel at very high temperatures during the production of cement.

B.

"Class "I" land disposal facility" means a land disposal facility which must conform to the requirements of the State Water Resources Control Board for class "I" units, and which must be located where natural geologic features provide optimum conditions for isolation of wastes from waters of the state. Currently, these facilities may accept solid and dry hazardous waste.

C.

"Class "II" land disposal facility" means a land disposal facility which must be located where site characteristics and containment structures isolate wastes from the waters of the state. Class "II" land disposal facilities are suitable for wastes which have been granted a variance from hazardous waste management requirements pursuant to 22 CCR 66310.

D.

"Class "III" land disposal facility" means a land disposal facility for nonhazardous waste including garbage, trash, refuse, paper, ashes, etc., provided such wastes do not contain hazardous or designated wastes. Class "III" facilities must conform to the requirements of the State Resources Control Board as specified in 22 CCR Chapter 3, subchapter 15 and must be located where site characteristics provide adequate separation between the waste and the waters of the state. It is also called municipal or sanitary landfill.

E.

"Deep well injection" means subsurface emplacement of fluids through a bored, drilled or driven well, or through a dug well, where the depth of the dug well is greater than the largest surface dimension (22 CCR 66224).

F.

"Hazardous material" means a substance or combination of substances which, because of its quantity, concentration, physical, chemical or infectious characteristics, may either:

1.

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

2.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed Unless expressly provided otherwise the term hazardous material" shall be understood to also include extremely hazardous material (22 CCR 66084).

G.

"Hazardous substance" means:

1.

Any substance designated pursuant to Section 1321(b);

2.

(A) of Title 33 of the United States Code;

3.

Any element, compound mixture, solution or substance designated pursuant to Section 102 of the Federal Act, 42 USC 9602;

4.

Any hazardous waste having the characteristics identified under or listed pursuant to 42 USC 6921 of the United States Code, but not including any waste the regulations of which under the Solid Waste Disposal

Act has been suspended by act of Congress,

5.

Any toxic pollutant listed under 33 USC 1317(a);

6.

Any hazardous air pollutant listed under 42 USC 7412;

7.

Any imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to 15 USC 2606;

8.

Any hazardous waste or extremely hazardous waste as defined by Sections 25117 and 25115, respectively, unless expressly excluded, Health and Safety Code Section 25316.

H.

"Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, physical, chemical or infectious characteristics may either:

1.

Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness;

2.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored transported or disposed of or otherwise managed. Unless expressly provided otherwise the term hazardous waste" shall be understood to also include extremely hazardous waste, Health and Safety Code, Section 25117;

3.

The EPA has established four characteristics of hazardous waste than can be determined by tests:

a.

Ignitability. The ability to catch fire, or to burst into flame spontaneously or by interaction with another substance or material,

b.

Corrosivity. The ability to wear away or destroy other materials, including human tissue,

Reactivity. The ability to enter into a violent chemical reaction which may involve explosion or fumes,

d.

Toxicity. The ability to release certain toxic constituents when leached with a mild acid (extraction procedure or waste extraction test), or demonstrate toxicity in animal studies (22 CCR 66696 et seq.).

I.

"Hazardous waste facility" means any structure, other appurtenances and improvements on the land and all contiguous land used for treatment, transfer storage resource recovery, disposal or recycling of hazardous waste (California Health and Safety Code, Section 25117.1).

J.

"Hazardous waste landfill" means a disposal facility, or part of a facility, where hazardous waste is placed in or on land that is not a land treatment facility, a surface impoundment, or an injection well (22 CCR 66123). Since 1990, the disposal of untreated hazardous waste, except solid clean up waste from existing contaminated sites in a landfill has been illegal (California Health and Safety Code, Section 25179.6).

K.

"Household hazardous waste collection center" means a collection center which accepts household hazardous waste from residents, which consists of but is not limited to paint, waste oil, thinners, household cleansers, etc., with a capacity of less than fifty drums of waste. For the purpose of this chapter, a "drum" is defined as an industrial container with a maximum liquid or solid capacity of fifty-five gallons.

L.

"Incinerator" means an enclosed device using controlled flame combustion, the primary purpose of which is to thermally break down hazardous waste. Examples are a rotary kiln, fluidized bed liquid injection and a cement kiln.

M.

"Land disposal facility" means where hazardous waste is disposed in, on, under or to the land.

N.

"Land farming" or "land application, land spreading" means a treatment technique which involves spreading the waste on land and utilizing evaporation and microbial action to degrade the wastes. This technique is used primarily for crude oil wastes.

O.

"Off-site hazardous waste facility" means an operation involving handling, treatment, storage or disposal of hazardous waste at a site physically separate from the site where the waste was generated; at a site not owned by or leased to the producer of the waste; or at a site which receives waste from more than one generator (Also see specified hazardous waste facility).

P.

"On-site hazardous waste facility" means an operation involving treatment, storage or disposal of hazardous waste on land owned by the waste producer, contiguous to the site of waste generation, which receives hazardous waste produced only by the generator.

Q.

"Residuals repository" means a hazardous waste facility which accepts only treated hazardous waste, meets all applicable federal and state regulations, and holds a hazardous waste facility permit.

R.

"Specified hazardous waste facility" means an off-site hazardous waste facility which accepts wastes from more than one producer of hazardous waste (California Health and Safety Code, Section 25199.1(m)). For purposes of this chapter, a household hazardous waste collection center with a capacity of less than fifty drums of waste is not considered a specified hazardous waste facility.

S.

"Storage facility" means a hazardous waste facility at which hazardous waste is contained for a period greater than ninety-six hours at an off-site facility or for periods greater than ninety days at an on-site facility (California Health and Safety Code Section 25123.3).

T.

"Surface impoundment" means a facility or part of a facility which is a natural topographic depression manmade excavation or diked area formed primarily of earthen materials (although it may he lined with manmade materials), which is designed to hold an accumulation of liquid wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding storage settling and aeration pits ponds and lagoons (22 CCR 66200).

U.

"Transfer stations" means any hazardous waste facility where hazardous wastes are loaded, unloaded pumped or packaged (22 CCR 66212).

V.

"Transportable treatment unit" means hazardous waste treatment works which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time.

W.

"Treatment facility" means any facility at which hazardous waste is subjected to treatment or where a resource is recovered from a hazardous waste.

X.

"Waste pile" means any non-containerized accumulation of solid, non-flowing hazardous waste that is used for treatment or storage (22 CCR 66160).

18.47.040 - Hazardous waste facilities prohibited in certain zoning districts and specific plan areas.

Notwithstanding any other provision of this chapter any business whose function it is to generate, store transfer, dispose, treat, handle or transport any hazardous waste, material or substance as defined in Section 18.47.030 shall be prohibited in the following zoning districts and specific plan areas:

A-1 (Agricultural);

B.

R-1A-10,000, R-1A, R-1B, R-1C, R-6,000, and PRD-D (single-family residential);

R-3, R-4, and PRD-A (multi-family residential);

A-P (administrative-professional), P (parking), C-1, C-1A C-2, C-3 and C-M (commercial);

PID, M-1, M-2, and M-IND (industrial);

F.

Northwest Rialto Specific Plan;

G.

Rialto Central Area Specific Plan;

Gateway Specific Plan Area;

I.

Other zoning districts or specific plan areas adopted after adoption of the hazardous waste overlay zone.

(Ord. 1174 § 1 (part), 1992)

18.47.050 - Permitted uses. ¶

The following uses shall be permitted in the hazardous waste overlay district:

Household Hazardous Waste Collection Centers. Household hazardous waste collection centers shall be subject to the following regulations:

1.

Household hazardous waste collection centers proposing more than fifty drums must be located a minimum of two thousand feet from residential areas, schools, hospitals or any other environmentally sensitive use.

(Ord. 1174 § 1 (part), 1992)

18.47.060 - Uses permitted by conditional development permit.

The following facilities or processes as defined in Section 18.47.030 shall be permitted in the hazardous waste overlay district subject to city planning commission review and recommendation and the city council granting of a conditional development permit (CDP) subject to the provisions of Chapter 18.66 of this code as well as the completion of an initial environmental study to determine if a full environmental impact report (pursuant to Chapter 18.70 of this code) and risk assessment is necessary:

A.

On-site hazardous waste facility;

B.

Off-site storage facility;

C.

Off-site treatment facility;

Transfer station (hazardous waste);

E.

Class III disposal facilities.

(Ord. 1174 § 1 (part), 1992)

18.47.070 - Prohibited uses. ¶

The following uses as defined in Section 18.47.030 shall be prohibited in the hazardous waste overlay district:

Cement kiln incinerator (proposing to burn hazardous waste);

Class I disposal facilities, including residuals repository;

C.

Class II disposal facilities;

D.

Hazardous waste landfill;

E.

Incinerator;

Land disposal facility;

Land fanning;

Specified hazardous waste facility;

Surface impoundment;

Transportable treatment unit;

Waste pile;

L.

Deep well injection.

(Ord. 1174 § 1 (part), 1992)

18.47.080 - Site development standards.

In addition to the requirements of City Council Resolution No. 2507 (Precise Plan of Design), all uses in the hazardous waste overlay district shall conform with the following site development standards. As used in this section, the term "hazardous waste facility" includes an on-site facility at which hazardous waste, material or substances is treated, stored, transferred, handled or disposed of.

Use of Required Setback Areas. Except as otherwise provided in the heavy industrial specific plan district, required setback areas adjoining streets may be used only for landscaping, access drives walkways lighting standards, other public utility facilities and signs in accordance with the provisions of the heavy industrial specific plan district.

B.

Outdoor Storage of Materials. The outdoor storage of materials and equipment shall be permitted only within an area surrounded by a security wall at least twelve feet in height with gates capable of being locked. Chemicals/materials with low flash points must be stored inside an enclosed building in accordance with city fire department specifications. Within outdoor storage areas, except for trucks or other vehicles necessary for the operation, no materials or equipment shall be stored to a height greater than ten feet. In the hazardous waste overlay zone, where the storage area is visible from a public street or from adjoining properties zoned or muse for residential, office, public or commercial purposes, the storage area shall be screened by a twelve-foot sight-obscuring wall along the side of the storage area facing the street or adjoining zone or use.

C.

Security Fencing for Uses Employing Hazardous Waste. For any use in which a hazardous waste of any kind is employed in a process or activity, a security wall at least twelve feet in height with gates capable of being locked shall be provided at the perimeter of the area within which the process or activity is conducted, and the gates shall be kept closed and locked at all times when not in use or under direct supervision.

D.

Circulation. All internal roads and all access roads to the proposed facility shall be constructed or improved to city standards as approved by the city engineering division.

E.

Locational Criteria.

1.

No hazardous waste facility shall be located closer than five hundred feet from any lot line.

2.

No hazardous waste facility shall be located within two thousand feet of the lot line of any lot actually used or zoned for residential or institutional use.

3.

No hazardous waste facility shall be located within an area subject to liquefaction.

F.

Safety and Security.

The CDP holder shall prevent any unknown entry and minimize the possibility for the unauthorized entry of persons or livestock onto any portion of the facility.

2.

The CDP holder shall provide a twenty-four hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility

3.

All gates or other entrances to the facility shall be provided with adequate means to control entry at all times. Signs with the legend, "Danger—Hazardous Waste Area—Unauthorized Personnel Keep Out," shall be posted at each entrance to the facility and at sufficient other locations to be seen from any approach. The legend shall be written in English, Spanish and any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least twenty-five feet.

G.

Seismic Safety. A hazardous waste facility shall comply with the requirements of the applicable seismic zone of the Uniform Building Code or with the seismic design recommendation in an approved geotechnical report on the project.

H.

Monitoring.

1.

Upon reasonable notice, city officials or their designated representatives may enter a parcel on which a hazardous waste facility CDP has been granted for the purpose of monitoring the operation of the facility.

2.

The holder of a hazardous waste facility CDP shall report quarterly to the city fire and planning departments the amount, type and disposition of all wastes processed by the facility The report shall include copies of all manifests showing the delivery and types of hazardous waste. The report shall also include a map showing the exact location (coordinates and elevation), quantities and types of wastes placed in repositories or otherwise stored or disposed of on the site.

I.

Types and quantities of hazardous wastes. A hazardous waste facility CDP shall be granted for only those wastes and quantities of wastes specified in the conditions of approval. No additional types of wastes or increases in those quantities of approved wastes shall be allowed beyond those specified in the approved CDP unless a separate application is made therefore in accordance with the same procedures as those required for an initial application.

Emergency Procedures. Every hazardous waste facility shall have a contingency plan for emergency procedures designed to minimize hazards to human health and the environment from fires, explosions or unplanned release of hazardous waste or hazardous waste constituents to air, soil or surface water. The plan shall provide for its immediate implementation whenever there is fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. The contingency plan shall designate a local facility emergency coordinator to implement the contingency plan and notify local and state emergency response agencies in the event of a fire, explosion or release of hazardous waste.

K.

Closure.

1.

Every hazardous waste facility shall have a written closure plan The plan shall identify steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the end of its intended operating life. A copy of the closure plan and all revisions to the plan shall be filed with the city and shall be kept at the facility until closure is completed.

2.

Every hazardous waste facility where hazardous waste will remain after closure shall have a written postclosure plan providing for post-closure monitoring, care and maintenance. A copy of the post-closure plan and all revisions to the plan shall be filed with the city fire department and planning division.

3.

The holder of a hazardous waste facility CDP shall establish and continuously maintain financial assurance for closure of the facility and for post-closure care if required. Copies of all documents demonstrating such financial assurance shall be filed with the city administrative, fire and planning departments.

L.

Financial Responsibility.

1.

Prior to the commencement of any use under a hazardous waste facility CDP, the holder of the CDP shall provide proof of insurance as required in the conditions of permit approval The types, amounts, periods of coverage, and provisions for periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance and architect's and engineer's professional liability insurance. All such insurance shall name the city as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval.

2.

The holder of a hazardous waste facility CDP shall defend, indemnify and hold harmless the city and its officers, agents, servants and employees from all claims.

M.

Use and Revocation of a CDP. A hazardous waste facility CDP may be used or revoked at the discretion of the city council based on the CDP holder's operation of the hazardous waste facility in strict compliance with federal and state laws and the regulations of this chapter.

(Ord. 1234 (part), 1995: Ord. 1174 § 1 (part), 1992)

18.47.090 - Siting procedure for hazardous waste facilities. ¶

The following criteria shall be applicable to any hazardous waste facility within the guidelines of the hazardous waste overlay district.

A. Procedure.

The following procedures are for the purpose of identifying the steps for processing an application for a hazardous waste facility CDP. These procedures include the steps to be taken by the applicant/representative, public utility/district, county of San Bernardino, state of California and the city of Rialto.

1.

At least ninety days before filing an application with the city for land use decision for a hazardous waste facility project, the applicant shall file with the Office of Permit Assistance (OPA) in the state's Office of Planning and Research and with the city a notice of intent to make an application. The notice of intent shall contain a complete description of the nature, function, use, phasing and scope of the project. The OPA shall immediately notify the affected state agencies of the notice of intent. The city shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, and shall notify, by a direct mailing, the owners of property within a one-half mile radius, as shown in the latest equalized tax

assessment role. The applicant is required to provide the planning department with one set of typed mailing labels for all owners of real property located within a one-half mile of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll. To provide a means of verification, the applicant shall submit a property ownership map indicating those properties within the one mile radius of the site boundaries with the assessor's parcel number identified on each property. To process the notice of intent, the applicant shall pay a fee to the city, as established by resolution of the city council, in order to cover incurred expenses (staff time, advertising notification phone calls and photo copying) to process the hazardous waste facility project application. Such fee shall be deposited into a special account and all funds not expended to process the application will be refunded to the applicant upon completion of processing.

2.

Within ninety days after a notice of intent is filed with the OPA and the city, the OPA shall convene a public meeting within the city to inform the public on the nature, function, life, phasing and scope of the of the proposed facility and the procedures that are required for approving applications for the project. The city will coordinate with OPA regarding the location and time of the meeting with representatives in attendance. (Requirement of Section 25199.7(c) of the California Health & Safety Code.)

3.

Within ninety days after receiving a notification of the filing of a notice of intent, the city shall appoint a seven-member local assessment committee (LAC) pursuant to subsection B of this section. (Requirement of Section 25199.7(d) of the California Health & Safety Code.)

4.

The city shall notify the OPA within ten days after an application for a hazardous waste facility project is accepted as complete. Within sixty days after receiving this notice, the OPA shall convene a meeting of the lead and responsible agencies for the project, the applicant, the local assessment committee and the interested public, for the purpose of determining the issues which concern the agencies and the public. The meeting shall take place in the city (Requirement of Section 25199.7(b) of the California Health & Safety Code).

5.

Following the meeting as specified in subsection (A)(2) of this section, the applicant and the LAC of the city shall meet and confer on the hazardous waste facility project for the purpose of establishing the terms and conditions under which the project will be acceptable to the community. (Requirement of Section 25199.7(1) of the California Health & Safety Code.)

6.

At the request of the applicant, the city council shall within sixty calendar days after the city has determined the application for a hazardous waste facility complete, issue an initial written determination on whether the hazardous waste facility project is consistent with the city General Plan, zoning ordinances, development policies, fair share requirements, and the San Bernardino County Hazardous Waste Management Plan. (Requirement of Section 25199.5(a) of the California Health & Safety Code.)

7.

The applicant for a hazardous waste facility project shall pay a fee, established by the OPA, equal to the cost of hiring independent consultants to review the project. The OPA shall deposit these fees in the Local Agency Technical Assistance Account, created within the state General Fund. The moneys in that account may be expended by the OPA, upon appropriation by the legislature, to make technical assistance grants to the LAC to enable the LAC to hire an independent consultant to assist the LAC in reviewing the project and negotiation terms and conditions with the applicant. The city may request technical assistance from any state, county or local agency which authorizes permits for hazardous waste facilities projects. (Requirement of Section 25199.17(g) of the California Health & Safety Code.)

An applicant may file an appeal of a land use decision made by the city approval body for a hazardous waste facility project with the Governor or the Governor's designee. (Requirement of Section 25199.7(g) of the California Health & Safety Code.)

B.

Local Assessment Committee Formation.

Pursuant to subsection (A)(3) of this section, the city council shall appoint a seven-member local assessment committee. (Note: The city may have authority to appoint additional members to this committee as deemed appropriate.)

1.

The membership of the LAC shall:

a.

Be broadly constituted to reflect the makeup of the community and shall include three representatives of the community at large, two representatives of environmental or public interest groups and two representatives of affected businesses and industries. Members of the LAC shall have no direct financial interest, as defined in Section 87103 of the California Government Code, in the proposed specified hazardous waste facility project. (Requirement of Section 25199.7(d)(1) of the California Health & Safety Code.);

b.

Negotiate with the applicant for the proposed hazardous waste facility project on the detailed terms of, provisions of and conditions for project approval which would protect the public health, safety and welfare, and the environment of the city and its surroundings and would promote the fiscal welfare of the city through special benefits and compensation. (Requirement of Section 25199.7(d)(2)(A) of the California Health & Safety Code.);

c.

Represent generally, in negotiation with the applicant the interests of the residents and businesses of the city and the interests of adjacent communities. (Requirement of Section 25199.7(d)(2)(B) of the California Health & Safety Code.);

d.

Receive and expend the technical assistance grants made available as specified in subsection (A)(7) of this section (Requirement of Section 25199.7(d)(2)(C) of the California Health & Safety Code);

e.

Adopt rules and procedures which are necessary to perform its duties as outlined in this section. (Requirement of Section 25199.7(d)(2)(D) of the California Health & Safety Code.);

Advise the city of the terms, provisions and conditions of project approval which have been agreed upon by the LAC and the applicant and of any additional information which the LAC deems appropriate. The legislative body of the city may use this advice for its independent consideration of the project. (Requirement of Section 25199.7(d)(2)(E) of the California Health & Safety Code.);

g.

Cease to exist after final administrative action has been taken by the state and local agencies on the permit applications for the project for which the LAC was formed. (Requirement of Section 25199.7(d)(4) of the California Health & Safety Code.);

2.

The city approval body shall provide staff resources to assist the LAC in performing its duties. (Requirement of Section 25199.7(d)(3) of the California Health & Safety Code.)

3.

If the LAC and the applicant cannot resolve any differences through the meetings specified in subsection (A)(5) of this section, the OPA may recommend the use of a mediator. The applicant shall pay one-half of the costs for this mediation and the remaining costs shall be paid, upon appropriation by the legislature, from the state General Fund. (Requirement of Section 25199.7(h) of the California Health & Safety Code.)

C. Public Hearing.

Public hearings shall be held on an application for a hazardous waste facility CDP in accordance with the provisions of Chapter 18.66 of this code, and except as otherwise expressly provided in this section, all of the procedural requirements as set forth therein shall apply. The hearing bodies shall be the planning commission and city council. The decision of the city council is final, except as specified in subsection (A) (8) of this section.

1.

In addition to the notice of hearing provided under Chapter 18.66, notice of hearing on an application for a hazardous waste facility CDP shall be given by mall at least ten days prior to the hearing to:

a.

All owners of real property which is located within a one-half mile of the exterior boundaries of the subject property as such owners are shown on the last equalized assessment roll and any update; and

b.

All registered voters residing within a one-half mile of the exterior boundaries of the subject property;

c.

A property owner verification map indicating those properties within the one half-mile radius of the exterior boundaries with the assessor's parcel number identified on each property and the latest copy of the county registrar of voters roll for those voters residing within the one-half mile radius of the exterior site boundaries.

2.

No application for a hazardous waste facility CDP shall be approved unless an environmental impact report (EIR) and risk assessment is completed in accordance with the California Environmental Quality Act (CEQA).

D.

Application.

Every application for a hazardous waste facility CDP shall be made in writing to the planning director on the forms provided by the planning department and shall be accompanied by a filing fee as established by resolution of the city council. The permit application shall include all maps drawings plans tabulations and other documents prescribed on the application form In addition the following information is required:

1.

Identification of all wastewater treated and untreated which will be generated by the proposed facility and the method and place of final discharge;

2.

An analysis of all visual, noise, soils and odor impacts associated with the project and proposed mitigation measures;

3.

An analysis of all air quality impacts associated with the project and proposed mitigation measures to insure no degradation of air quality in the area;

4.

Identification of any rare or endangered species of plants or animals within the project site and proposed impact mitigation measures;

5.

Identification of the amounts, sources and types of hazardous wastes to be treated, stored, transferred, handled or disposed of at the proposed facility: the ultimate disposition of the wastes; and the anticipated life of the facility. Information as to the amounts sources and types of hazardous wastes shall be based on an actual survey of the industries to be served and shall be representative of the wastes that will be processed at the facility;

All hazardous waste facility applications shall include information about the project proponents past business practices with a copy of the disclosure statement required by the Health and Safety Code, Section 25200.4;

7.

Three sets of mailing labels for all owners of real property located within one-half mile of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll and any update, and three sets of mailing labels for all registered voters residing within a one-half mile of the exterior boundaries of the subject property;

8.

A risk assessment that analyzes in detail the probability of accident or discharges both at the facility and in transportation to and from the facility. The risk assessment shall identify mitigation measures to reduce identified risks, and shall provide:

a.

A description of the projected volumes of hazardous waste transported into and through the city,

b.

Identification of all reasonably available highway and railway routes in the city and surrounding area, and the development and comparison of the risk associated with the alternate routes,

c.

A comparison of the risk associated with transporting hazardous materials and/or waste in different truck and rail cargo tanks,

d.

An identification of the route-specific, risk-reducing measures for each route examined, and

e.

An identification and evaluation of the procedures, technology, and external risk-reducing measures to transport hazardous materials and/or waste by truck and rail;

9.

A plan providing for an ongoing monitoring program to insure no unintentional release of any hazardous substance from the facility. The plan shall include any monitoring required by other permitting agencies;

10.

All applications shall contain a designation of at least two reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act (CEQA) Section 15126(d);

A plan for supplementary public review and comment on the proposed project prior to the public hearing. This plan shall provide for adequate public review and comment on the project in order to reduce public concerns prior to formal public hearing;

12.

A contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air soil or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

(Ord. 1174 § 1 (part), 1992)

18.47.100 - Development plan approval.

Development plan approval in accordance with the provisions of Chapter 18.66 of the this code and Section 18.47.090(C) of this chapter shall be required for conditional uses in the hazardous waste overlay district.

(Ord. 1174 § 1 (part), 1992)

18.47.110 - Validity.

The city council declares that, should any section, paragraph, sentence or word of this chapter be declared for any reason to be held invalid, it is the intent of the city council that it would have passed and adopted all other portions of this chapter independent of the elimination therefrom of any such portion as may be declared invalid.

(Ord. 1174 § 2, 1992)

Chapter 18.48 - I INTERIM ZONE

Sections:

18.48.010 - Regulations established. ¶

The regulations established by this chapter apply to the I, interim zone, unless otherwise provided by this title. (1965 code Title XII, Ch. 23, § 1)

18.48.020 - Plan—Creation.

There is created an interim plan with classification to be known as the I district.

(1965 code Title XII, Ch. 23, § 2)

18.48.030 - Combination with other zones.

The I or interim zone classification may be combined with one or more of the other land use classifications set forth in this title to impose all the regulations of the I zone and such other classification with which it may be combined. For example, "I-C-2 zone" means that all the regulations in the C-2 zone apply to the area so designated.

(1965 code Title XII, Ch. 23, § 3)

18.48.040 - Initiation of zone establishment proceedings. ¶

Upon the receipt of an application from the property owner or owners or his authorized representative, showing the proposed development and approximate boundaries of the proposed zone, the planning commission makes such investigation of facts as will enable it to make a recommendation to the city council for interim zoning.

(1965 code Title XII, Ch. 23, § 4)

18.48.050 - Duration. ¶

An interim zone may be enacted for a period not to exceed one year.

(1965 code Title XII, Ch. 23, § 5)

18.48.060 - Plan—Required. ¶

Any application for interim zoning shall include the proposed development plan for the use of the land including any proposed buildings in sufficient detail to properly advise the planning commission of the proposed development. During the existence of an I zone plan no building permits are issued except within accordance with the plan approved by the planning commission and the city council.

(1965 code Title XII, Ch. 23, § 6)

18.48.070 - Change to permanent zone. ¶

If the specified development has been completed in accordance with an approved interim zone plan within the time specified in such plan the city institutes a zone change to remove the land from interim zoning and place it in a permanent zone as approved in the original interim zoning.

(1965 code Title XII, Ch. 23, § 7)

18.48.080 - Reversion to prior zone. ¶

If the development is not completed within either the time or the approved interim zone plan, the area within such interim zone automatically reverts to the zone of the area prior to the application for the interim zoning.

(1965 code Title XII, Ch. 23, § 8)

Chapter 18.49 - DOWNTOWN REVITALIZATION OVERLAY ZONE

Sections:

18.49.010 - Purpose. ¶

The downtown revitalization overlay zone is established by this chapter in order to achieve the following purposes:

A.

To provide an overlay zone which will implement the goals and policies of the General Plan and the Rialto central area specific plan;

B.

To assure appropriate and consistent development of the downtown area including urbanscape, scenic highways and community design;

C.

To preserve and enhance the existing natural and manmade scenic, historic and cultural resources of the downtown area,

D.

To create the highest order of visual continuity and functional compatibility between the various physical components of the downtown area.

(Ord. 1184 § 1 (part), 1993)

18.49.020 - Application. ¶

The downtown revitalization overlay zone established by this chapter shall apply to all properties having direct frontage on the portion of Riverside Avenue extending between the Southern Pacific (former Pacific Electric) Railroad and the A.T. and S.F. Railroad.

(Ord. 1184 § 1 (part), 1993)

18.49.040 - Design review process.

A.

The community development director shall review and approve the design of each improvement in the downtown revitalization overlay zone for which a building permit, new business license or certificate of occupancy or other approval pursuant to this section is required. The term "improvement ' is defined as the exterior construction, alteration and repair of all buildings, structures and facilities and the installation of any signs or any other architectural item to the building or property. This section shall not apply to routine and/or customary maintenance and repairs that do not materially change the exterior appearance of the structure, nor shall it apply to temporary repairs certified as an emergency by the building division.

B.

The community development director shall review and approve all applications for a precise plan of design if the following aspects of the project or proposed development are consistent with the purpose and intent of the downtown revitalization overlay zone and the Rialto Central Area Specific Plan:

1.

Height, bulk and area of the buildings;

2.

Colors, materials and architectural style of buildings and installation;

3.

Front and rear facades;

4.

The physical and architectural relationship with the existing and/or proposed structures;

5.

Site, layout, orientation and location of buildings in relationship to open areas and topography;

6.

Height, materials, colors and variances in building walls, fences and/or plant screening;

7.

Off-street parking and existing and/or proposed access points;

8.

Sign design and location;

9.

Exterior lighting;

Pedestrian access;

11.

Landscaping;

C.

Conditions of approval may be applied in order to assure that the development complies completely with the above standards and to bring any proposed development into conformity. If the applicant and/or property owner is aggrieved by any condition of approval required by the community development director, the condition(s) may be appealed to the planning commission. The appeal to the planning commission shall be made in writing and submitted to the community development department within fifteen days of the community development director's action. The appeal shall be set for planning commission consideration within sixty days of the city's receipt of the notice of appeal.

D.

When the community development director or planning commission approves the precise plan of design and the applicant has agreed to all conditions of approval and has signed and submitted to the community development department the statement of acceptance of said conditions, the applicant shall submit final working drawings to the building and safety division for issuance of required building permit.

(Ord. 1234 (part), 1995: Ord. 114 § 1 (part), 1993)

(Ord. No. 1645, § 3, 7-14-20)

Location. Projecting signs shall be placed at least fifty feet apart. If individual storefront locations preclude following the fifty-foot rule, then projecting signs shall be placed no closer than at each storefront, but in no event shall projecting signs be closer than twenty-five feet.

D.

Monument Signs. A "monument sign" for the purpose of this chapter is defined as a low profile freestanding sign, which is detached from the building and attached to the top of a solid base support structure constructed of materials accenting the architectural theme of the building on the same lot. No

pole supports are allowed on the monument sign. Monument signs are permitted subject to the following provisions:

1.

One monument sign per lot or parcel is permitted provided that the maximum sign area shall not exceed twenty square feet and the overall height shall not exceed five feet above grade.

2.

Monument signs may be materially illuminated, provided that background areas of the sign are opaque or of dark translucent materials, or externally illuminated.

3.

No portion of the monument signs shall be located within or extend into the public right-of-way.

E.

Window Signs. A "window sign" for the purpose of this chapter is defined as a sign which is painted, attached, glued or otherwise affixed to a window or otherwise easily visible from the exterior of the building. Window signs are permitted subject to the provision that the total area of the window signs in a single window shall not exceed twenty-five percent of that window area.

F.

Awning Signs. An "awning sign" shall be defined as a sign which is painted, sewn, stained, or otherwise exhibited on the exterior surface of the valance of an awning. Awning signs are permitted subject to the following provisions:

1.

Twenty percent of the total aggregate sign area as permitted under this section may be devoted to awning signage, excluding any window or temporary signage.

2.

The sign area is limited to the valance of the awning itself and letter height is limited to six inches or less. Letter color should be compatible with the awning and the building color scheme.

G.

3.

Portable Signs. A sign which is not designed to be permanently attached to a structure or to the ground;

4.

Free Standing Pole Signs. A sign which is permanently supported by one or more supports, braces, poles or other similar structural components while utilizing the ground or roof as a primary supportive base;

5.

Vehicle Signs. A sign which is attached to a vehicle and placed on any property, street or alley so as to attract attention to the business;

6.

Banners, flags and/or pennants, except for temporary advertising as provided for in this section and as approved by the director of development services;

7.

Tethered balloon or balloons.

(Ord. 1234 (part), 1995: Ord. 1184 § 1 (part), 1993)

(Ord. No. 1645, § 3, 7-14-20)

18.49.060 - Sign review process. ¶

A.

Application for Sign Permit. Application for a sign permit shall be made in writing upon forms provided by the building division. Such application shall contain the location by street and number of the proposed sign structure, together with the name and address of the owner and the sign contractor or erector. Two copies of the sign plans shall be filed with the application including the following:

1.

Plot plan, fully dimensioned, indicating location of street frontage(s) shall be clearly indicated on the plan;

2.

Elevation plan indicating the height and size of proposed sign, method of illumination, colors and materials of construction;

3.

Structural details and calculations prepared by a state-registered engineer or architect as determined by wind load factors and requirements of the building division;

4.

Payment of all applicable permit and inspection fees in the amounts established by resolution or ordinance of the city council;

5.

Such other information as the city may require to determine full compliance with city ordinance and resolution requirements;

6.

Photographs of the entire exterior of the building which is to be signed;

Samples of all materials and colors to be used in the proposed sign.

B.

Sign Review. Prior to the issuance of a sign permit by the building division, the applicant shall submit copies of the sign plan required for the sign permit to the community development department for processing and approval. It shall be the responsibility of the community development department to determine that the sign proposal is in conformance with the purpose and architectural character as established in the downtown revitalization overlay zone.

(Ord. 1234 (part), 1995: Ord. 1184 § 1 (part), 1993)

(Ord. No. 1645, § 3, 7-14-20)

18.49.070 - Nonconforming signs.

A.

It is the intent of this section to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this chapter is as important as is the prohibition of new signs that would violate these regulations.

B.

In accordance with the provisions of Chapter 2.5 (commencing with section 5490) of the state Business and Professions Code, no nonconforming sign shall be compelled to be removed or abated, and its customary maintenance, use or repair shall not be limited without the payment of fair and just compensation to the owner of the sign as prescribed by state law, unless the sign meets any of the criteria as specified in Section 18.102.070 of this code.

C.

No new sign shall be approved for a site structure, building or use that contains nonconforming signs unless such nonconforming signs are removed or modified to conform with the provisions of this chapter

(Ord. 1184 § 1 (part), 1993)

Chapter 18.50 - AIRPORT ZONING

Sections:

18.50.010 - Purpose. ¶

Pursuant to the authority conferred by the Government Code of the state of California and standards of the Federal Aviation Administration, the city council, state of California, deems it necessary to create an "airport hazard zoning ordinance" for the purpose of promoting the health, safety and general welfare of the inhabitants of the city by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of public airports and of the occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airports and public investment therein.

(Ord. 647 § 1, 1973: 1965 code Title XII, Ch. 25, § 1)

18.50.020 - Citation.

This chapter is known and cited as the "airport hazard zoning ordinance of the city of Rialto."

(Ord. 647 § 2, 1973: 1965 code Title XII, Ch. 25, § 2)

18.50.030 - Definitions.

As used in this chapter, unless the context otherwise requires:

A.

"Airport" means any airport publicly owned or operated or open to the public and so located that its exterior boundaries or any area within two miles thereof lie wholly or partly in the incorporated parts of the city.

B.

"Airport hazard" means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.

C.

"Nonconforming use" means any structure, tree or use of land which does not conform to a regulation prescribed in this chapter or an amendment thereto, as of the effective date of such regulations.

D.

"Person" means any individual, firm, copartnership, corporation, company, association, joint association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

E.

"Structure" means any object constructed or installed by man including (but not limited to) buildings, towers, radio and TV antennas, smokestacks, and overhead transmission lines.

F.

"Tree" means any object of natural growth.

G.

"Landing area" means the area of the airport used for the landing, take-off or taxiing of aircraft.

H.

"Planning commission" means the planning commission of the city of Rialto.

(Ord. 647 § 3, 1973: 1965 code Title XII, Ch. 25, § 3)

18.50.040 - Division into zones. ¶

A.

In order to carry out the purposes of this chapter, all land within the vicinity of the landing area of any airport is divided into approach zones, transition zones, horizontal and conical surfaces; in accordance with "Federal Aviation Regulations (FAR) Part 77 and any amendments thereof, OBSTRUCTIONS AFFECTING NAVIGATIONAL AIRSPACE," which is adopted and made a part hereof.

B.

Such approach zones, transition zones, horizontal and conical surfaces shall not become effective unless and until the adoption of an airport zoning map or maps delineating such approach zones, transition zones, horizontal and conical surfaces, and height limits therefor, in the vicinity of the landing area of the airport. The airport zoning map is adopted in the same manner as this chapter, is made a part hereof, and is subject to amendments made pursuant to the law. Such amendments are entered on the airport zoning maps and the same are maintained up to date at all times.

(Ord. 647 § 4, 1973: 1965 code Title XII, Ch. 25, § 4)

18.50.050 - Maps.

Airport zoning maps shall be numbered, in the order of their adoption, as subsections of this section.

(Ord. 647 § 5, 1973: 1965 code Title XII, Ch. 25, § 5)

18.50.060 - Height limits. ¶

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow or be maintained in any airport approach zone, transition zone, horizontal and conical surfaces, to a height in excess of the height limit specified for such zone as delineated upon the airport zoning map. Such height limits are those specified in aforesaid "Federal Aviation Regulations (FAR) Part 77 and any amendments thereof, OBSTRUCTIONS AFFECTING NAVIGATIONAL AIRSPACE," which is adopted and made a part hereof.

(Ord. 647 § 6, 1973; 1965 code Title XII, Ch. 25, § 6)

18.50.070 - Use restrictions. ¶

Notwithstanding any other provisions of this chapter no use may be made of land within any airport approach zones, airport transition zones, horizontal and conical surfaces, in such a manner as to create harmful electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and other lights, result in harmful glare in the eyes of the flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, takeoff or maneuvering of aircraft.

(Ord. 647 § 7, 1973; 1965 code Title XII, Ch. 25, § 7)

18.50.080 - Nonconforming uses and structures. ¶

The regulations prescribed in Section 18.50.050 and 18.50.060 do not require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date hereof or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained requires any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to May 30, 1973, and is diligently prosecuted and completed within two years of April 16, 1973.

Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit shall be secured from the planning commission authorizing such replacement, change or repair. No permit is granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was on May 30, 1973, or than it was when the application for such permit is made. Except as provided herein, all application for permits is granted. No such permit is required to make maintenance repairs or to replace parts of existing structures, or electrical distribution or telephone poles or lines which do not enlarge or increase the height of existing structures, poles or lines.

(Ord. 647 § 8, 1973: 1965 code Title XII, Ch. 25, § 8)

18.50.090 - Variances. ¶

Any person desiring to erect any structure or increase the height of any structure or permit the growth of any tree or otherwise use his/her property otherwise than is required in this chapter, may apply to the planning commission for a variance from the regulation in question. Such variance is allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter, provided that any variance may be allowed, subject to any reasonable conditions that the planning commission may deem necessary to effectuate the purpose of this chapter.

(Ord. 1234 (part), 1995: Ord. 647 § 9, 1973: 1965 code Title XII, Ch. 25, § 9)

18.50.100 - Hazard marking and lighting. ¶

Any permit or variance granted under Sections 18.50.080 and 18.50.090 may, if such action is advisable to effectuate the purpose of this chapter and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the city at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

(Ord. 647 § 10, 1973: 1965 code Title XII, Ch. 25, § 10)

18.50.110 - Administrative agency. ¶

The director of development services is designated the administrator, charged with the duty of administrating and enforcing the regulations herein described. The duties of the director of development

services include that of reviewing all applications for building permits within the approach zones, transition zones, horizontal and conical surfaces of the municipal airport, but the director of development services shall not have or exercise any of the powers or duties delegated to the city planning commission.

(Ord. 1234 (part), 1995: Ord. 647 § 11, 1973; 1965 code Title XII, Ch. 25, § 11)

18.50.120 - Conflicting regulations. ¶

In the event of conflict between this chapter and any other regulations applicable to the same area or parcel of land, whether the conflict be with respect to the height of structure or trees, the use of land or any other matter, and whether such other regulations were adopted by the city or by some other public agency, the more stringent limitations or requirements govern and prevail.

(Ord. 647 § 12, 1973: 1965 code Title XII, Ch. 25, § 12)

18.50.130 - Violations. ¶

In the event that any person erects, constructs, moves, alters or attempts to erect, construct, move or alter any structure or allow any tree to grow to a height in violation of the provisions of this chapter, the same is declared a public nuisance. It is the duty of the city attorney, when ordered by the city council to bring and prosecute an action in any court of competent jurisdiction to enjoin such person from continuing such erection, construction, moving, alteration, or growth or if such erection, construction, moving, alteration or growth is being or has been accomplished, the city attorney, when ordered by the city council shall enjoin such person from maintaining the same.

(Ord. 647 § 13, 1973: 1965 code Title XII, Ch. 25, § 13)

18.50.140 - Avigation easement required.

For all developments proposed to be located in Safety Area 2, as defined in the airport land use plan, Rialto Municipal Airport Master Plan, the owner shall grant an avigation and noise easement to the city prior to the issuance of a building permit(s) for each particular piece of property

(Ord. 800 § 1, 1980)

Chapter 18.51 - RIVERSIDE AVENUE CORRIDOR OVERLAY ZONE

Sections:

18.51.010 - Purpose. ¶

The Riverside Avenue corridor overlay zone is established by this chapter in order to achieve the following purposes:

A.

To provide opportunities for administrative and professional office uses to be located in appropriate R-3 multiple family residential zoned properties having Riverside Avenue frontage;

B.

To allow the orderly conversion of residential structures to administrative and professional office uses in certain multiple family residential areas subject to conditions and requirements designed to protect neighboring residential uses;

C.

To ensure that the appearance of administrative and professional office buildings and land is harmonious with the visual character of the area in which they are located.

(Ord. 872 § 1 (part), 1983)

18.51.020 - Application. ¶

The Riverside Avenue corridor overlay zone established by this chapter shall apply to all R-3 multiple family residential zoned properties located within the corridor having frontage on Riverside Avenue extending between Foothill Boulevard and Walnut Avenue.

(Ord. 872 § 1 (part), 1983)

18.51.030 - Conditional development permit required.

Where a site located within the established Riverside Avenue corridor overlay zone is classified in the R-3 multiple family residential district, administrative and professional office uses may be permitted subject to approval of a conditional development permit in accordance with provisions of Chapter 18.66 and subject to a finding by the planning commission that no activity will be camed on catering to retail trade with the general public and no stock of goods is maintained for sale.

(Ord. 872 § 1 (part), 1983)

18.51.040 - Development standards for offices in R-3 multiple family residential zone.

An administrative and professional office use permitted under the provisions of Section 18.51.030 shall conform with the following standards:

A.

Front Yard. The minimum front yard shall be fifteen feet, provided that where existing dwellings on lots adjoining either side of the site have a front yard with a greater depth the front yard shall be not less than that of the existing dwelling with the front yard of the lesser depth, but in no case shall a front yard greater than thirty feet be required.

B.

Side Yards. The minimum side yard shall be five feet subject to the following exceptions:

1.

On the street side of a corner lot, the minimum side yard shall be fifteen feet.

2.

Where a residential dwelling is located on an adjoining lot, the minimum side yard adjoining the lot shall be ten feet.

C.

Rear Yard. The minimum rear yard shall be fifteen feet.

D.

Landscaping. The full depth of all required setback areas adjoining a street shall be landscaped and permanently maintained.

E.

Building Height. The maximum building height shall be two and one-half stories but shall not exceed thirtyfive feet.

F.

Off-Street Parking. Office uses within the Riverside Avenue Corridor overlay zone shall provide off-street parking and loading facilities in agreement with the design standards and requirements for office uses in Chapter 18.58.

G.

Exceptions. When a residential structure is proposed to be converted to an office use, the planning commission may waive any requirement of this section calling for a greater yard space than exists, provided that the commission may impose any other requirements that it deems necessary and appropriate as conditions of approval of the conditional development permit.

(Ord. 1057 § 2 (17), 1989; Ord. 872 § 1 (part), 1983)

Chapter 18.52 - YARDS

Sections:

18.52.010 - Generally. ¶

No lot area may be so reduced or diminished that the yards or other open spaces will be smaller than prescribed by this title, nor may the occupancy be increased in any manner except in conformity with the regulations herein established. No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this title may be considered as providing a yard or open space for any other building, nor may any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.

(1965 code Title XII, Ch. 3, § 9(B))

18.52.020 - Requirements for property abutting partially dedicated streets.

No building or structure shall be erected on a lot which abuts a street having only a portion of its required street width dedicated and where no part of such dedication would normally revert to the lot if the street were vacated unless provision is made for the dedication and improvement of that portion of the lot. The yards provided and maintained in connection with such building or structure have a width or depth equal to that needed to complete the road width, plus the width or depth of the yards required on the lot or parcel by this title, if any This section applies to all zones and whether or not yards are required. This section does not require a yard of such width or depth as to reduce the building width of a corner lot to less than forty feet.

(1965 code Title XII, Ch. 3, § 9(c)

18.52.030 - Location of accessory buildings. ¶

A detached accessory building, or combination of accessory buildings may occupy not more than twentyfive percent of a rear yard as defined in Section 18.04.770, provided that the maximum building coverage in a single-family residential zone shall not exceed thirty percent of the total lot area. An accessory building may be located within five feet of any interior property line adjacent to the rear yard area. In the case of a

reversed corner lot, no accessory buildings shall be located nearer to the side lot line on the street side of the reversed corner lot than the front yard depth required on the key lot in the rear. An accessory building having more than one hundred twenty square feet of roof area shall be separated from the main structure on the lot a minimum distance of ten feet.

(Ord. 1169 § 1 (part), 1992: 1965 code Title XII, Ch. 3, § 9(F))

18.52.040 - Location of patio covers and patio enclosures.

Patio covers and patio enclosures, defined as nonhabitable space in the adopted Uniform Building Code may be attached to the rear and side of a residential structure on a lot, provided that the patio cover or patio enclosure shall not be located nearer than five feet from the side lot line or ten feet from the rear lot line.

(Ord. 1169 § 1 (part), 1992: Ord. 685 (part), 1975)

Chapter 18.54 - LOTS

Sections:

18.54.010 - Size.

No parcel of land held under separate ownership at the time of the effective date of this title may be reduced in any manner below the minimum standards established by this title for the district within which the lot is located.

(1965 code Title XII, Ch. 3, § 9(A))

18.54.020 - Computation of areas abutting alleys.

In computing the lot area of a lot which abuts upon one or more alleys, one-half of the width of such alley or alleys may be assumed to be a portion of the lot.

(1965 code Title XII, Ch. 3, § 9(D))

18.54.030 - Through. ¶

On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard is the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located.

(1965 code Title XII, Ch. 3, § 9(E))

Chapter 18.56 - EXCEPTIONS

Sections:

18.56.010 - Height limits. ¶

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys smokestacks, wireless and television masts, water tanks silos or similar structures may be erected above the maximum height permitted in each district provided that they may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No structure or penthouse is allowed for purposes of providing additional floor space.

(1965 code Title XII, Ch. 3, § 10(A))

18.56.020 - Cornices, eaves, etc. ¶

Cornices, eaves, belt courses, sills, buttresses or other similar architectural features may extend or project into a required side yard no closer than two feet to the side property line and may extend or project into a front or rear yard not more than four feet.

(1966 code Title XII, Ch. 3, § 10(B))

18.56.030 - Fences, hedges and walls. ¶

A.

On interior lots where no portion of side or rear yard abuts a public street right-of-way, a fence, hedge or wall may be located within the front, side or rear yard setback. The maximum height of any fence, hedge or wall shall be six feet above the ground level within the required side or rear yards. Within the required front yard setback, the maximum side height of any solid fence or wall shall not exceed three and a half feet above the level of the curb along the front yard setback, provided, however, that a hedge or chain link fence, wrought iron fencing and block pilasters may be constructed to a maximum height of six feet. In the

event that the block pilasters are constructed within the front yard side back, they shall be no closer than six feet on center.

B.

On corner and other lots where any portion of side or rear yard abuts a public street right-of-way, a fence, hedge, or wall may be located within the portion of side or rear yard abutting the public street, in accordance with the following provisions:

1.

The maximum height permitted above ground level shall not exceed six feet;

2.

The fence, hedge or wall shall be located a minimum of twelve feet from the adjacent curb face of the public street;

3.

On a reverse corner lot where the rear property line is the side property line of the adjacent lot to the rear, any fence within the rear yard setback exceeding three and one-half feet above ground level shall have a corner cutoff to provide sight distance and visibility for the rear lot. At the point where the required building setback line along the side public street intersects with the rear property line, the fence line shall extend at a forty-five degree angle to a point intersecting with the permitted fence line along the public street;

4.

A fence, hedge or wall exceeding three and one-half feet in height located within the street side building setback shall not extend forward of that portion of the main structure which is nearest to the side yard, except:

a.

That a fence or wall may be approved to provide security for side doors, windows, air conditioning units and other necessary architectural features determined to warrant security, and

b.

That such security fences and walls shall not in any way restrict traffic sight distance at the street intersection, and

c.

That plans and elevations of such security fences and walls shall be approved by the planning division before building permits may be issued for their construction;

5.

A fence, hedge or wall within the front yard or portion of side or rear yard not abutting a public street shall be permitted as in subsection A above.

C.

No barbed or razor wire shall be used or maintained in any residential zone, and no sharp wire or points shall project at the top of any fence or wall less than six feet in height.

(Ord. 1234 (part), 1995: code Title XII, Ch. 3, § 10(C))

(Ord. No. 1458, § 1, 12-8-09)

18.56.040 - Fallout shelters.

A.

Fallout shelters may be constructed in the front yard areas described in this title whenever in the written opinion of the chief building official it is impracticable to construct such fallout shelter in the rear yard. In determining the practicability of rear yard construction, the chief building official is guided by the size of the rear yards, the presence of patios and swimming pools or other construction in the rear yards and the accessibility of the rear yard to heavy excavation and moving equipment.

B.

Any fallout shelter constructed in the front yard area pursuant to this title shall be entirely underground except for the necessary vents and outlets.

(1965 code Title XII, Ch. 3, § 10(E))

18.56.050 - Fire escapes. ¶

A fire escape may extend or project into any side, or rear yard not more than four feet.

(1965 code Title XII, Ch. 3, § 10(F))

18.56.060 - Stairways, balconies and chimneys. ¶

An open unenclosed stairway or balcony not covered by a roof or canopy, may extend or project into a required rear yard not more than four feet and into a required front yard not more than thirty inches. A chimney may extend into a required front, side, or rear yard not more than eighteen inches.

(Ord. 1169 § 1 (part), 1992: 1965 code Title XII, Ch. 3, § 10(G))

18.56.070 - Uncovered porches and platforms. ¶

An uncovered porch, platform or landing place which does not extend more than three and one-half feet above ground level may extend or project into any required front or rear yard not more than six feet; however, any open work railing as required by the adopted Uniform Building Code may be installed or constructed on any such porch, platform, or landing place.

(Ord. 1169 § 1 (part), 1992: 1965 code Title XII, Ch. 3, § 10(H))

18.56.080 - Yards. ¶

Where the yard regulations cannot reasonably be complied with or their application determined on lots of peculiar shape or location on hillside lots, such regulations may be modified or determined by the planning commission as provided in Section 18.64.080.

(1965 code Title XII, Ch. 3, § 10(I))

18.56.090 - Affordable housing projects. ¶

When a non-vacant lot has been identified in a prior housing element and at least twenty percent of the proposed units are affordable to lower income households, the maximum density shall be thirty dwelling units per acre.

(Ord. No. 1681, § 3, 8-8-23)

Chapter 18.58 - OFF-STREET PARKING[[5]]

Sections:

Footnotes:

--- ( 5 ) ---

Prior history: Ords. 544, 653, 1019 and 1025; 1965 Code Title XII, Ch. 3, §§ 12—14.

18.58.010 - Purpose. ¶

These regulations are established for the following purposes:

A.

To protect the public safety, expedite the smooth flow of traffic and reduce traffic congestion and hazards caused by parking, loading and unloading on public streets;

B.

To provide for adequate parking and loading facilities for new, altered or expanded land uses in proportion to the need for such facilities created by the use;

C.

To ensure that off-street parking and loading facilities are designed, located and maintained in a way which protects surrounding land uses from the adverse impacts of inadequate or poorly designed, landscaped and maintained parking facilities.

(Ord. 1057 § 1 (part), 1989)

18.58.020 - General provisions. ¶

The following general provisions of this chapter shall apply:

A.

Applicability. Off-street parking and loading facilities as required by this chapter shall be provided for any new building constructed, any new use established within an existing structure, any addition or enlargement of an existing structure or use, and any change in the occupancy of a structure or the manner in which any use is conducted in the structure that would result in the requirement for additional parking space, as provided in this chapter.

B.

Conformity. No existing structure or use shall be deemed nonconforming solely because an existing parking facility does not meet the standards of this chapter, provided the number of spaces in an existing facility is not reduced further.

C.

Subsequent Facilities. Patting facilities constructed, expanded or substantially reconstructed subsequent to the adoption of this chapter whether or not required by the provisions of this chapter, shall conform to the design standards in this chapter.

D.

Maintenance. All off-street parking spaces and facilities shall be designed and maintained in fully usable condition for the duration of the initial and subsequent uses requiring such spaces and facilities. Paved access to all off-street parking spaces and facilities shall be provided and the design of such paved access shall be approved by the planning division.

E.

Location. All off-street parking spaces required by this chapter shall be located on the same legal lot as the use or uses they are intended to serve, excepting: (1) separate off-street parking on a site not more than three hundred feet from the closest use intended to be served may be provided subject to approval by the planning commission, or (2) reciprocal parking, access and circulation easements are executed by owners of contiguous lots devoted to nonresidential uses, subject to approval by the community development department. The number of combined parking spaces provided by a reciprocal arrangement shall be equal to or greater than the total or combined number of spaces required of the individual uses involved in the reciprocal agreement.

F.

Temporary Uses. Temporary use of off-street parking spaces for nonparking purposes may be allowed subject to approval by the planning commission.

G.

Space Requirements. The number of required parking spaces for each use shall be in agreement with the provisions of Sections 18.58.050 or 18.58.060, as appropriate.

H.

Fractional Space Requirements. In computing the number of parking spaces required by this chapter fractional totals shall be rounded to the next highest whole number.

I.

Uses Not Specified. For uses not specified in this chapter, the director of development services shall determine requirements based on provisions for similar uses identified in this chapter.

J.

Increased Parking Requirements. Additional patting spaces may be required by the planning commission upon a finding that additional spaces are needed to facilitate the flow of traffic on a public street or to reduce a hazard to public safety.

K.

Reduced Parking Requirements The planning commission, by approval of a variance may reduce the number of spaces required upon a finding that:

1.

Adequate off-street parking will be provided for the proposed use;

2.

Significant environmental impacts will not be caused by the reduction; and

3.

Traffic safety and pedestrian safety will be enhanced by the reduction.

L.

The use of vacant or undeveloped lots or parcels of land for the parking or storing of motor vehicles, recreational vehicles, or similar vehicles is prohibited.

M.

Temporary uses of vacant or undeveloped lots or parcels of land for special events on a temporary basis shall be subject to approval of the director of development services based on receipt of a written request. Approved temporary uses shall not exceed seventy-two hours in duration.

N.

Other Plan Requirements. Off-street parking requirements of this chapter shall not supersede or take precedence over parking requirements of the Agua Mansa Industrial Corridor Specific Plan, the Northwest Rialto Specific Plan, the Rialto Central Area Specific Plan, the Gateway Specific Plan, or the parking requirements of any other specific plan or other document containing minimum parking requirements and adopted subsequent to the approval of this chapter.

O.

In addition to the provisions of this chapter, all new nonresidential and residential developments shall conform to the applicable requirements of Chapter 18.59 (Transportation Control Measures) in compliance with state and federal air quality requirements.

P.

Appeals. Any person aggrieved by a determination made by the director of development services pursuant to this chapter may appeal such determination in writing to the planning commission within fifteen working days of the date of the determination. The processing fee for the appeal shall be the appeal fee in effect at the time the appeal is filed.

(Ord. 1234 (part), 1995: Ord. 1206 §§ 1, 2, 1993: Ord. 1154 (part), 1991: Ord. 1103, 1990; Ord. 1057 § 1 (part), 1989)

(Ord. No. 1645, § 3, 7-14-20)

18.58.030 - Office, commercial and industrial design standards.

Design standards in this section establish minimum dimensions and guidelines for the design, construction and maintenance of off-street office, commercial and industrial parking facilities, as follows:

A.

Standard Stall Size. The minimum dimensions of each stall shall be not less than nine feet wide and twenty feet long and shall have a vertical clearance of not less than eight and one-half feet.

B.

Handicapped Stall Size. Each parking space for the use of physically handicapped persons shall be not less than fourteen feet wide by twenty feet long, shall have a vertical clearance of not less than eight and one-half feet and shall be located in an area not exceeding a two percent slope. All such spaces shall be located within one hundred feet of a level or ramped building entrance. Ramped entrances shall not exceed an eight-and-thirty-three-hundredths percent slope. Parking spaces for the handicapped shall be signed and restricted for the use of handicapped persons in vehicles displaying handicapped placards or other devices required by state law.

C.

Aisle Dimensions. Each office, commercial or industrial parking space or facility shall have adequate drive aisles and usable turning and maneuvering areas, in agreement with the standards of Table 18.58.030A.

Table 18.58.030A

Parking Dimensions (in feet)

Table 18.58.030A Parking Dimensions (in feet)
	Parking Angle (in degrees)
	45°	60°	75°	90°	parallel
1. Parking stall width parallel to aisle	12.9	10.5	9.3	9.0	24
---	---	---	---	---	---
2. Parking stall depth perpendicular to aisle	21	21	20.6	20	9
3. Drive aisle width	13	18	19	24	12
4. Parking bay width for single-loaded aisles	34	39	39.6	44	21
5. Parking bay width for double-loaded aisles	55	60	60.2	64	not permitted

D.

Paving. All parking areas, loading facilities and drive aisles shall be surfaced and maintained with asphaltic concrete, cement or other permanent impervious surfacing material which is approved by the community development department and is acceptable to the city engineer, and shall be maintained in good order.

E.

Drainage. All parking and loading facilities shall be graded and provided with permanent stormwater drainage facilities which are approved by the community development department and are acceptable to the city engineer.

F.

Access. Each parking space shall be accessible from a street or alley. No parking space shall be designed to require a vehicle to back into a street. A parking space may be designed to allow a vehicle to back into an alley, if that the space is set back a minimum of five feet from the alley right-of-way. Alley access for parking shall be approved by the community development department. No parking facility shall be so designed as to require a vehicle to enter a public street in order to progress from one drive aisle to another within the same parking facility.

G.

Ingress and Egress. The number and location of points of ingress and egress shall be subject to community development director or planning commission approval, as applicable, of the parking facility design. The dimensions of curb cuts shall comply with approved city standards.

H.

Enclosed Garage and Carport Dimensions. The minimum interior dimensions of a single-car covered carport or garage shall be ten feet in width and twenty feet in depth In calculating minimum parking space dimensions, the width of vertical corner supports shall not be included.

Setbacks. Parking spaces or structures may not encroach into the required front yard setback. All parking spaces fronting onto a dedicated street shall be set back a minimum of twenty feet from the public right-ofway. When parking areas are adjacent to required front or side yard setbacks, such parking areas shall be screened or partially screened from view from the public right-of-way unless otherwise approved by the community development director or planning commission, as applicable.

3.

Driveway. The minimum width of driveways for access to on-site parking and circulation areas shall be thirty-two feet in width. This minimum width may be reduced subject to approval by the community development director or planning commission, as applicable. An unobstructed clearance of twenty feet in width and thirteen feet six inches in height shall be maintained on all driveways within the development.

4.

Curbs. Parking spaces shall be separated from landscaped areas by minimum six-inch high concrete curbs.

5.

Landscaping Requirements. The following landscaping provision shall apply within the required parking facilities for multiple-family residential projects:

a.

Four or fewer residential units on a single legal lot: As approved by the director of development services.

b.

Five or more residential units on a single legal lot: As required in Section 18.58.030(K).

C.

General Residential Standards. Unless otherwise specified, the following standards shall apply in all residential zones:

1.

Standard Parking Space Size. Minimum dimensions for an off-street residential parking space shall be nine feet in width and twenty feet in depth and shall have a minimum vertical clearance of not less than six and one-half feet.

2.

Handicapped Parking. For required handicapped parking the space size shall be in agreement with the provisions of Section 18.58.030 (B).

3.

Tandem Parking. Tandem parking is prohibited, except in mobile home development (MHD) zones.

4.

Location. Required parking facilities shall be located on the same legal property as the residence to be served.

5.

Lease or Rental of Space. No property owner shall lease, rent or make available to others the use of parking spaces required by this section unless otherwise provided by law.

6.

Special Vehicles. Requirements for the parking or storing of special vehicles shall be as follows:

a.

The parking or storing of motor vehicles, recreational vehicles, or similar vehicles on lawns landscaped areas, or other unpaved surfaces is prohibited.

b.

The parking or storing of dismounted campers camper shells boats trailers or similar recreational items on lawns, landscaped areas or other unpaved surfaces open to public view or not enclosed within a minimum five-foot high solid fence or block wall is prohibited.

c.

The parking or storing of commercial trailers in a residential zone is prohibited.

d.

The parking or storing of cargo containers, converted commercial trailers or other similar containers in a residential zone is prohibited.

e.

The parking or storing of trucks, delivery vans, moving vans, tractors, backhoes or other commercial vehicles used primarily in a trade or business having a one-ton or more rated carrying capacity or having a maximum gross vehicle weight exceeding ten thousand pounds in a residential zone is prohibited, except with planning commission approval of a conditional development permit in accordance with the provisions of Chapter 18.66 of this title and the following criteria:

i.

A maximum of one commercial vehicle, including related commercial equipment legally carried on the vehicle, shall be permitted per residential lot having a minimum net lot area of at least thirteen thousand square feet.

ii.

Limitations shall be placed on the type size and weight of the permitted vehicle With the approval of the director of development services, the permit may be transferred to another vehicle of the same type, size and weight classification and to any subsequent property owner under the same conditions as approved by the planning commission. Under any circumstance, the permit shall be valid for only one commercial vehicle to be parked or stored on the residential lot.

iii.

The approved commercial vehicle shall be a powered unit only, with no commercial trailers or other nonpowered commercial equipment permitted to be parked or stored on the lot.

iv.

The permitted commercial vehicle shall not be parked or stored within the public street right-of-way or the required front yard setback area of the residential lot The parking of the commercial vehicle shall be permitted only within a garage structure or an area enclosed by a minimum five-foot high solid fence or block wall.

v.

The parking area for the commercial vehicle including the driveway providing ingress and egress to the parking area, shall be surfaced and maintained with asphaltic concrete, concrete or other impervious surfacing material as approved by the city engineer, and shall be maintained in good order thereafter.

vi.

Limitations shall be placed on the hours that the commercial vehicle may be started and/or operated in order to mitigate potential adverse noise impacts on neighboring residential properties.

vii.

The exact route by which the commercial vehicle is permitted to travel between the residential lot and the nearest truck route will be prescribed as approved by the city engineer and planning commission.

viii.

The permit shall be valid for only one year and may be renewed annually by approval of the director of development services if the permittee has complied with all the conditions of approval required by the planning commission. The permit approval may be modified or revoked by the planning commission in accordance with the provisions of Section 18.66.070.

f.

The parking or storing of any commercial vehicle having a gross weight of less than ten thousand pounds and transporting or used to transport hazardous materials is prohibited from standing, stopping or parking in a residential zone.

7.

Paving. Requirements for paving in residential zones shall be as follows:

a.

All driveways shall be surfaced and maintained with asphaltic concrete, concrete or other impervious surfacing material which is acceptable to the city engineer, and shall be maintained in good order thereafter.

b.

All parking areas, other than driveways, and used for the parking or storing of dismounted campers, camper shells, boats, trailers or similar recreational items, and open to public view, shall be surfaced with a surfacing material which is acceptable to the city engineer, and shall be maintained in good order thereafter.

8.

Drainage. All parking facilities shall be graded and provided with permanent stormwater drainage facilities which are acceptable to the city engineer.

9.

Access. Each parking space shall be accessible from a street or alley.

10.

Ingress and Egress. The number and location of points of ingress and egress shall be subject to approval of the development design by the community development director or planning commission, as applicable. The number, location and dimensions of curb cuts shall comply with approved city standards.

11.

Space Requirements. The number of required parking spaces shall be in agreement with the standards in Section 18.58.060.

(Ord. 1265 § 3, 1997; Ord. 1234 (part), 1995: Ord. 1154 (part), 1991: Ord. 1135, 1991; Ord. 1057 § 1 (part) 1989)

(Ord. No. 1645, § 3, 7-14-20)

18.58.050 - Office, commercial and industrial parking requirements.

This section establishes the minimum number of required parking spaces for the above uses and special provisions, as follows:

A.

Neighborhood shopping center (multitenant or multi-occupant shopping center of less than two net acres in size): one space for each two hundred square feet of gross floor area on the ground floor, plus one space for each three hundred square feet on all floors other than the ground floor.

B.

Community shopping center (two to twenty net acres in size) one space for each two hundred fifty square feet of gross floor area on the ground floor, plus one space for each four hundred square feet on all floors

other than the ground floor.

C.

Regional shopping center (more than twenty net acres in size): one space for each three hundred square feet of gross floor area on the ground floor, plus one space for each four hundred square feet on all floors other than the ground floor.

D.

Barber or beauty shop, dry cleaners, laundry or similar service-oriented establishment: one space for every two hundred fifty square feet of gross floor area;

10.

Bank or financial institution: one space for every two hundred square feet of gross floor area;

11.

Self-storage (mini warehouse) two on-site spaces plus one space for resident manager or office all to be located outside secured gate;

12.

Other unspecified commercial uses:

a.

When located within multitenant shopping center: parking space requirements of the shopping center shall apply,

b.

When located on individual parcel of twenty thousand square feet of net area: one space for every two hundred square feet of gross floor area;

c.

When located on individual parcel with net area of more than twenty thousand square feet: one space for every two hundred fifty square feet of gross floor area.

J.

Industrial uses:

1.

Manufacturing, assembly or processing establishment: one space for every five hundred square feet of gross floor area, or one space per employee on the largest shift if approved by the director of development services, plus additional space if required by subsection (J)(4) of this section;

2.

Warehouse or storage establishment: one space for every one thousand square feet gross floor area up to ten thousand square feet, plus one space for every two thousand square feet of floor area beyond ten thousand square feet, plus additional spaces if required by subsection (J)(4) of this section;

Vehicle dismantling yard, recycling operations of various materials, and similar establishments one space for every three hundred square feet of gross building floor area, plus one space for every ten thousand square feet of gross yard area;

4.

One space of appropriate size shall be provided on-site for each vehicle used in conjunction with an industrial use and stored overnight on the site at any time.

K.

Other uses:

1.

Agriculture none except required spaces for single-family residence, if applicable;

2.

Public building or facility one space for each employee on the maximum shift, plus additional parking as determined by the director of development services;

3.

Private library, museum, art gallery or similar establishment: one space for each employee on the maximum shift, plus additional parking as determined by the director of development services;

4.

Taxi stand: a minimum of two and a maximum of five spaces at each location.

L.

Special Parking Requirements. The following parking requirements are applicable to all office, commercial and industrial land uses (unless otherwise specified). These special stalls shall be located as close as practical to the facility entrance which would be used for access.

1.

Handicapped parking spaces shall be provided as follows:

Total Number of Parking Spaces	Handicapped Parking Spaces Required
5—40	1
41—80	2
81—120	3
121—160	4
161—300	5
---	---
301—400	6
401—500	7
over 500	1 for each 200

2.

All commercial and office uses shall provide adequate facilities for bicycle parking installed in convenient locations and designed to accommodate the minimum number of bicycles as required by the planning division.

3.

Facilities with twenty-five or more parking spaces shall provide at least one designated parking area for use by motorcycles. Developments with over one hundred parking spaces shall provide motorcycle parking areas at a rate of one percent of the parking spaces provided. Each area designated for use by motorcycles shall consist of a minimum usable area of fifty-six square feet.

(Ord. 1249, 1996; Ord. 1234 (part), 1995: Ord. 1057 § 1 (part), 1989)

E.

Boarding facilities (boarding house, club, lodge, group care facility or similar facility providing sleeping accommodations): one space for every guest room, suite or other accommodation, or for every two beds, whichever is greater, plus one space for every two employees or a minimum of five spaces for employee parking, whichever is greater.

F.

Planned Residential Developments—Attached. For off-street parking required for attached planned residential developments in the PRD-A zone, see Section 18.80.070(C)(2)(h).

G.

Planned Residential Developments—Detached. For off-street parking requirements for detached planned residential developments in the PRD-D zone, see Section 18.90.070(I).

(Ord. 1377 § 1, 2005; Ord. 1057 § 1 (part), 1989)

(Ord. No. 1593, § 2, 11-14-17; Ord. No. 1645, § 3, 7-14-20)

Chapter 18.59 - TRANSPORTATION CONTROL MEASURES (TCM)

Sections:

18.59.010 - Purpose.

These regulations are established for the following purposes:

A.

To protect the public safety expedite the smooth flow of traffic and reduce traffic congestion;

B.

To reduce vehicle trips, thereby reducing air congestion and pollutants and improving air quality;

C.

To meet the requirements of the 1991 South Coast Air Quality Management Plan and the 1992 Federal Attainment Plan for Carbon Monoxide.

(Ord. 1205 § 1 (part), 1993)

18.59.020 - General provision. ¶

The requirements of this chapter apply to all new nonresidential, new single-family residential developments of five hundred or more units and multi-family residential developments of ten or more units.

(Ord. 1205 § 1 (part), 1993)

18.59.030 - Design standards. ¶

The following design standards shall be incorporated into the precise plan of design approval process for all new and revised nonresidential and multi-family developments of ten or more units, except as specifically provided below:

A.

Bicycle parking facilities to include bicycle racks and/or secured bicycle lockers shall be provided at a rate of one bicycle space per thirty parking spaces with a minimum requirement of three bicycle spaces.

B.

On-site pedestrian walkways and bicycle facilities shall be provided connecting each building in a development to public streets.

C.

A minimum of one shower facility accessible to both men and women shall be provided for persons bicycling or walking to work for all new nonresidential development meeting the city's adopted congestion management plan (CMP) thresholds of two hundred fifty or more peak hour trips.

D.

Passenger loading areas shall be provided in locations close to building entrances (but not interfering with vehicle circulation) for developments containing at least one hundred parking spaces (loading area is equivalent to a minimum of five parking spaces).

E.

Preferred parking facilities at a rate of two parking spaces per one hundred spaces shall be provided near building entrances for vanpools in all new nonresidential development. Vertical clearances must be not less than nine feet.

F.

Provide transit improvements such as bus pullouts, bus pads and bus shelters for all new residential and nonresidential development along existing or planned transit routes. The need for and nature of such improvements to be defined by the city engineer in cooperation with Omnitrans.

G.

New residential development of five hundred or more units shall provide telecommuting facilities or contribute toward development of a telecommuting center.

H.

New office park developments of one thousand or more employees shall provide on-site video conferencing facilities.

I.

The minimum parking space requirements for new nonresidential development may be reduced in number up to a maximum of ten percent when linked to other actions that reduce trips to account for increased ridesharing and other modes of transportation.

J.

The city will participate in the implementation of the adopted countywide bicycle plan to conform with Southern California Associated Governments (SCAG) Regional Mobility Element.

K.

Sidewalks shall be installed or widened when possible, as approved by the city engineer, to accommodate pedestrians

(Ord. 1205 § 1 (part), 1993)

Chapter 18.60 - NONCONFORMING USES

Sections:

18.60.010 - Application of chapter.

A.

The regulations set forth in this chapter apply to all nonconforming buildings and structures or parts thereof and uses existing at the effective date of this title.

B.

The provisions of this chapter also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this title or any subsequent change in the regulations of this title, provided, however, that where a period of years is specified in this chapter for the removal of nonconforming buildings, structures, or uses the period is computed from the date of such reclassification or change.

C.

The provisions of this chapter apply to uses which become nonconforming by reason of any amendment to this title, as of the effective date of such amendment.

D.

The provisions of this chapter shall not apply so as to place in a nonconforming category any existing use requiring a conditional development permit under Chapter 18.66, except as provided in Section 18.60.050. However, if there is a proposed change of use or increase in area of property used, an application for a conditional development permit is required.

(1965 code Title XII, Ch. 3, § 15 (part) (J)(M)(N))

(Ord. No. 1654, § 3[4], 1-26-21)

18.60.020 - Continuance—Building or structure. ¶

Any nonconforming building or structure may be continued and maintained provided there is no physical change other than necessary maintenance and repair in such building or structure except as permitted in other chapters of this title.

(1965 code Title XII, Ch. 3, § 15(A))

18.60.030 - Continuance—Use. ¶

Any nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area space, or volume occupied or devoted to such nonconforming use, except as otherwise provided in this title.

(1965 code Title XII, Ch. 3, § 15(B))

18.60.040 - Change—To conforming use. ¶

Any part of a building, structure, or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.

(1965 code Title XII, Ch. 3, § 15(C))

18.60.050 - Discontinuance—Time limit.

Any part of a building, structure or land occupied by a nonconforming use, which is discontinued for a period of one year or more, shall not again be used or occupied for a nonconforming use.

(1965 code Title XII, Ch. 3, § 15(D))

18.60.060 - Change—To another nonconforming use. ¶

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification.

(1965 code Title XII, Ch. 3, § 15(E))

18.60.070 - Buildings or structures—R zones. ¶

In all R zones, every nonconforming building or structure which was designed, arranged, or intended for a use not permitted in the R zones, shall be completely removed, or altered and converted to a conforming building, structure and use when such buildings or structures have reached, or may hereafter reach, the age of forty years, computed from the date the building was erected. Provided, however, that this regulation shall not become operative until ten years from the effective date of this title.

(1965 code Title XII, Ch. 3, § 15(F))

18.60.080 - Nonresidential uses in residential district. ¶

Nonresidential uses in a residential land use district may be allowed to remain beyond the established amortization period provided that a petition is signed by a majority of the residents of a district defined by a radius of five hundred feet from the external boundaries of the affected nonresidential nonconforming use, and the city council after due hearing and presentation of petition adopts a resolution granting an extension for a specific length of time with such conditions to protect the residential areas adjacent as are proper and necessary.

(1965 code Title XII, Ch. 3, § 15(G))

18.60.090 - Nonconforming uses in R zones.

In all R zones, every nonconforming use of land (where no main building is involved) existing at the time this title becomes effective shall be discontinued within three years from the effective date of this title.

(1965 code Title XII, Ch. 3, § 15(H))

18.60.100 - Nonconforming signs. ¶

Any sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained at the time this title becomes effective may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural alterations are made thereto, and provided further that all nonconforming signs, billboards, commercial advertising structures, or statuary, and their supporting members, shall be completely removed from the premises not later than one year from the effective date of this title.

(1965 code Title XII, Ch. 3, § 15(I))

18.60.110 - Buildings or structures—Reconstruction—Repair. ¶

Nothing in this title shall prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion or acts of God, subsequent to the effective date of this title, wherein the expense of such reconstruction does not exceed fifty percent of the assessed value of the building or structure at the time such damage occurred. All such reconstruction shall be performed under one building permit, started within a period of one year from date of damage and diligently prosecuted to completion.

(1965 code Title XII, Ch. 3, § 15(L))

18.60.120 - Buildings or structures—Prior permit issuance. ¶

Any building or structure for which a building permit has been issued prior to the effective date of this title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, if construction is commenced within sixty days after the issuance of the permit and diligently prosecuted to completion.

(1965 code Title XII, Ch. 3, § 15(K))

Chapter 18.61 - DESIGN GUIDELINES

Sections:

Building placement which creates opportunities for plazas, courts, patio areas, or gardens are encouraged.

B.

Focal points and public site entrances shall receive special landscape or architectural treatment to enhance the streetscape.

C.

Specialty decorative paving materials shall be used to:

1.

Enhance and identify building entries, plazas, seating/patio areas, and the likes; and

Identify transition from streets used by the public to drives.

D.

Multiple buildings shall be clustered on-site to achieve a "village" scale. This creates opportunities for plazas and pedestrian areas while preventing long rows of buildings. When clustering is impractical, a visual link shall be established between buildings.

(Ord. 1382 § 1 (part), 2006)

18.61.040 - Site design—Residential.

In addition to Section 18.61.030 of this chapter, the provisions of this section are applicable to residential uses.

A.

Dwellings shall be arranged in a manner that creates a harmonious, varied appearance of building heights and setbacks. Dwellings shall be placed at varying distances from the front property line. Front yard setbacks shall be varied by ten percent. The average median front yard setback shall be twenty-five feet.

B.

A majority of the primary living spaces within a residential building shall receive direct sunlight for the daylight hours. Residential buildings shall be positioned to minimize the impact of shadows on adjacent properties. Landscaping and building architecture shall be designed to provide shade in the summer and sunlight in the winter.

(Ord. 1382 § 1 (part), 2006)

18.61.050 - Site design—Commercial and industrial.

In addition to Section 18.61.030 of this chapter, the provisions of this section are applicable to commercial and industrial uses.

A.

When a commercial use is adjacent to residential or other sensitive (e.g. schools, offices, and etc.) uses, appropriate design techniques shall be provided to mitigate any negative effects of the commercial use. Such design techniques include but not limited to:

1.

Loading areas and circulation driveways, trash and storage areas, and roofmounted equipment be located as far as feasible and practical from adjacent residences;

Noise, traffic, or odor generating activities and hazardous activities be located adjacent to similar activities on adjacent properties, whenever possible. The location of these activities within close proximity to residential or other sensitive uses shall always be avoided;

3.

Commercial buildings adjacent to or across a street or alley from residentially zoned property or property development with a residential use provide a minimum fifteen-foot setback along all common property line boundaries;

4.

Adjacent residential and nonresidential uses be segregated as is necessary to maintain a livable residential environment by design elements such as masonry walls, landscape berms, building orientation and activity limitation; and

5.

Trees be planted to screen parking areas and large commercial building walls in order to provide a visual barrier between commercial and residential uses.

B.

Where an industrial use is adjacent to a nonindustrial use, appropriate buffering techniques such as additional setbacks, walls, screening and landscaping shall be provided to mitigate any negative effects of the industrial use. Such buffering techniques include but not limited to:

1.

Industrial buildings adjacent to or across a street or alley from nonindustrial zoned property or property developed with a residential use provide a minimum twenty-five-foot setback along all common property line boundaries; and

2.

Industrial uses adjacent to or across a street or alley from nonindustrial zoned property or property developed with a residential use provide a minimum six foot high masonry wall along all common property line boundaries, which blends in with the site's architecture. In addition, fifteen gallon trees shall be installed and maintained along the inside of the wall in a minimum five-foot wide planter. The trees shall be located a maximum of twenty feet apart for the length of the common lot line.

C.

"L" shaped retail centers shall be avoided. Retail centers shall incorporate either a clustered type development or utilize pads at the street edge for visual interest.

D.

2.

Neon colors;

Bright colors as the primary wall color; and

4.

Primary colors (red, yellow and blue) as the primary wall color.

C.

Wall and ground sign design, material, and color shall be compatible with the building design on-site.

(Ord. 1382 § 1 (part), 2006)

18.61.070 - Building design—Residential. ¶

In addition to Section 18.61.060 of this chapter, the provisions of this section are applicable to residential uses.

A.

Building design shall complement surrounding residential development and shall be compatible with the character of the surrounding residential areas, including harmonious building style, form, size, color, material and roofline.

B.

In areas that possess strong existing development character, the building design shall respect the predominant characteristics of neighborhood development, such as height, massing, setbacks, materials and architectural style.

C.

Unless appropriate to an architectural style, windows shall not be flushed with walls. Glass shall be inset a minimum of three inches from the exterior wall and/or frame surface to add relief to the wall surface.

D.

Within multi-story buildings, stepping back upper floors shall be considered in order to diminish building mass.

E.

All residential subdivisions shall be required to provide:

1.

Three different floor plans for fifty or less dwelling;

2.

Four different floor plans for fifty-one to ninety-nine dwellings; and

3.

Five different floor plans for one hundred or more dwellings.

Reverse floor plans are not included as different floor plans. For development projects that are to be constructed in phases, a phasing plan shall be submitted to assure that the requirements for the number of floor plans is being met.

F.

Each floor plan shall have a minimum of three distinct elevations. One elevation shall not be repeated more than the fourth dwelling. Adding or deleting false shutters or similar types of minimal elevation changes will not suffice as one of the required distinct elevations.

G.

Front porches are encouraged to facilitate activity in front yards and to provide a semipublic transition zone between the dwelling and the street used by the public.

H.

Each vertical module of units shall incorporate architectural features that help to individually distinguish them, such as a wall break, projections, distinct color schemes, and individual roof treatments.

I.

Doors shall vary from unit to unit, where possible, to further distinguish the individual identity of each attached unit.

J.

Upper-story units shall provide balconies or decks and lower-story unit shall provide patios and shall be a minimum of two hundred square feet in size for outdoor living activities.

K.

Facades of long buildings shall be architecturally subdivided into shorter segments of fifty feet maximum by incorporating facade protrusions, varying roof forms, varying setback of the building footprint. Architectural design treatments such as building offsets, recessed windows, offset roof plans, trellis, overhangs, columns, or other features shall be used to create both vertical and horizontal articulations on the building elevations. These design elements shall also be included on the rear and side facades of buildings which are adjacent to or visible from streets used by the public or open space areas.

L.

Each private enclosed garage shall be equipped with an automatic garage door opener with roll-up (i.e. on tracks) garage doors. At least twenty-five percent of the garage door shall have window panels

incorporated into the door design. The doors shall be constructed of solid wood or steel. Plywood constructed doors shall not be permitted.

M.

Building heights shall be varied by a combination of single-level and two-story units.

N.

Each residential structure shall be equipped with laundry hook-ups and a central air conditioning or cooling system. A central air conditioning or cooling system shall not include portable cooling units, absorption units or evaporative coolers.

(Ord. 1382 § 1 (part), 2006)

18.61.080 - Building design—Commercial and industrial. ¶

In addition to Section 18.61.060 of this chapter, the provisions of this section are applicable to commercial and industrial uses.

A.

Main building entrances shall be well defined. The entrances shall be visually and functionally distinct, pedestrian-oriented and visible from the adjacent street system. This may be achieved by, but not limited to:

1.

Recessing the entry;

2.

Creating an arcade by the use of bollards and accent materials;

3.

Provision of seating areas, by providing lush landscaping in combination with enhanced hardscape materials; and

4.

Addition of a compatible entry structure.

B.

Manager residences, when provided, shall be located in the front of the site.

C.

In order to avoid long, monotonous building facades and to create diversity, building facades greater than one hundred feet in length, measured horizontally, shall incorporate wall plane projections or recesses

having a depth of at least three feet to break up the expansiveness of the exterior.

D.

The building design shall provide architectural and visual interest. Such design elements shall include but not limited to:

1.

Wall articulations such as pop-outs, inserts and etc.;

2.

Roof treatments;

3.

Roof overhangs;

4.

Arcades;

5.

Articulated mass and bulk;

6.

Courtyards and patios;

7.

Towers element; and

8.

Recessed doors and window openings. Undesirable design elements shall include but not limited to:

a.

Large blank, flat walls,

Flat roofs,

c.

Square "box-like" buildings,

Highly reflective surfaces such as metal,

e.

Exposed pip columns,

f.

Plywood siding, and

g.

T-11 plywood siding.

E.

In order to achieve design harmony and continuity with all buildings on-site, the exterior building design shall be consistent amongst all buildings on-site.

F.

Facades shall be articulated to reduce the massive scale and the one-dimensional appearance of large buildings and provide visual interest. The overall intent is to encourage a more human scale.

G.

Facades, exterior walls and entryways shall provide consistent architectural treatment.

H.

Facades that face streets used by the public or are visible to residential properties shall have a variety of windows, entry areas, awnings or other such features along no less than fifty percent of their horizontal length unless the structural integrity of the building is at stake.

I.

Facades that do not face a street used by the public shall incorporate a repeating pattern that includes, but not limited to, color change, texture change and material change, each of which shall be integral parts of the building.

J.

Buildings shall be designed to be viewed from all sides.

K.

Blank walls and facades shall not be permitted except as required for the structure integrity of the building.

L.

Buildings shall provide protection for pedestrians from adverse weather conditions and not limited to utilizing overhangs, marquees, and awnings at entrances, along pedestrian pathways, and at transportation waiting areas.

M.

A decorative trellis, canopy, or other overhang shall be constructed over a drive-thru window and extend across the entire width of the drive-thru aisle. Landscaping shall also be provided.

N.

Entries shall portray an office image which is integrated into the building design. Building entries accessible to the general public shall be pronounced and easily recognizable.

O.

Office portion of any industrial building shall be located in the front portion of buildings.

P.

Service doors shall be recessed and integrated into the overall design of the building.

Q.

Smaller buildings located within a regional center as a separate building pad shall incorporate into their

design structural enhancements similar to the principal building. This would provide visual consistency and a greater sense of place within the center.

R.

Industrial building shall be constructed of concrete tilt-up or masonry block. Metal buildings shall not be permitted except for heavy industrial users and building additions.

(Ord. 1382 § 1 (part), 2006)

18.61.090 - Roofs. ¶

A.

Roof-mounted equipment shall not be located on the roof of the structure unless the equipment can be hidden by building elements that are designed for that purpose as an integral part of the building design. Such building designs include but not limited to:

1.

Roof-mounted equipment fully screened by parapets, roof screens or equipment wells;

2.

Roof-mounted equipment screened from public view by materials similar to those used in the overall structure and designed to minimize noise; and

Roof-mounted equipment be clustered and included in one screen.

B.

Roof style in new buildings or additions shall be compatible with the existing roof designs on the site. Flat roofs shall not be permitted unless part of the distinct architectural style.

C.

To add interest and reduce the massive scale of large buildings, variations in roof lines shall be used through the use of overhanging eaves, parapets, pop-outs, height variations, and entrance features. In addition, roofline variations shall be used to demarcate primary building entrances.

D.

Roof form and masses shall be consistent with the overall architectural character and scale of the building.

E.

Roof materials and colors shall be consistent with the desired architectural building character.

F.

Roof flashings, rain gutters and downspouts, vents and other roof protrusions shall be finished to match adjacent finish materials and/or colors. Unfinished galvanized metal is not acceptable.

(Ord. 1382 § 1 (part), 2006)

18.61.100 - Materials and colors. ¶

A.

Color and finishes on building exteriors of all elevations of a building shall be coordinated to provide a total continuity of design. Alteration of colors and materials shall be used to produce diversity and provide visual and architectural interest. Such materials include but not limited to:

1.

Concrete texturing;

2.

Cement or plaster to produce the effects of texture;

3.

Wood;

Brick;

5.

Tile;

Stone; and

Stucco.

Undesirable materials shall include but not limited to:

Metal;

Plywood siding;

T-11 plywood siding; and

4.

Plywood garage doors.

C.

Exterior material and paint shall be durable and high quality to prevent degradation and for ease of maintenance.

D.

No more than three colors shall be used on any given facade, including "natural" colors such as unpainted brick or stone. These three colors are referred to as:

Base color;

Trim color; and

Accent color.

E.

The base color is the color of the facade. This color shall be subtle, neutral or earth tone colors. Such colors tones include but not limited to:

1.

Cream;

2.

Off-white;

3.

Light pastels;

4.

Gray;

5.

Brown; and

6.

Taupe.

Finish materials with "natural" colors such as brick, stone, tile and etc. shall be used where practical.

When the base color is natural brick, the major trim color shall relate to the brick color. When the base color is painted, the trim and accent colors shall complement the base color.

F.

The trim color is used primarily as an accent to highlight the architectural details of the facade. Design elements include but not limited to:

1.

Window trims;

2.

Door trim; and

Trim elements within the facade openings.

G.

The accent color is used on the decorative elements of the construction, which serve to define the building facade. Design elements which define the facade include but not limited to:

1.

Upper and lower cornices;

2.

Shutters;

3.

Doors;

4.

Decks; and

5.

Storefront columns.

H.

The trim and accent colors may feature brighter colors, including primary colors. Such colors tones include but not limited to:

1.

Blue;

2.

Red;

3.

Yellow;

Bluegreen;

5.

Charcoal gray; and

Burgundy.

I.

Fluorescent and neon colors shall be prohibited.

J.

All building facades shall be architecturally treated. Special consideration shall be given to those elevations that may be viewed from streets viewed by the public.

K.

The combination of materials on a building facade shall be appropriate to its style and design.

L.

All building colors shall be subtle and compatible with the neighborhood.

(Ord. 1382 § 1 (part), 2006)

18.61.110 - Materials and colors—Residential. ¶

In addition to Section 18.61.100 of this chapter, the provisions of this section are applicable to residential uses.

A.

The colors and materials on adjacent residential dwellings shall be varied to establish a separate identity for the dwellings. A variety of colors and textures of building materials is encouraged, while maintaining overall design continuity in the neighborhood.

(Ord. 1382 § 1 (part), 2006)

18.61.120 - Materials and colors—Commercial and industrial. ¶

In addition to Section 18.61.100 of this chapter, the provisions of this section are applicable to commercial and industrial uses.

A.

Light, neutral colors shall be used on industrial buildings to help reduce their perceived size. Contrasting trim and horizontal color bands may feature brighter colors complementing to the primary color.

B.

The exterior building materials may include smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels only when these materials have been incorporated into the overall design of the

development in an architecturally pleasing fashion and reflect an overall appearance of a high-quality development.

(Ord. 1382 § 1 (part), 2006)

18.61.130 - Entryways. ¶

A.

Entryway design elements and variations shall give orientation and aesthetically pleasing character to the building. The building shall have a clearly defined highly visible pedestrian entrance such as:

1.

Canopies;

2.

Overhangs;

3.

Recesses/projections;

4.

Peaked roof forms;

5.

Arches;

6.

Outdoor patios;

7.

Display windows;

8.

Architectural details such as tile work and moldings which are integrated into the building structure and design; and

9.

Integral landscape areas and/or places for sitting.

A clear and well-designed entry into the project site shall be created using walls, signage, paving, and planting to visually link the site entry to the building(s). Such project entries include but not limited to:

1.

Landscape enhancements;

2.

Medians;

3.

Walkways; and

Special paving.

(Ord. 1382 § 1 (part), 2006)

Landscaping shall be used in combination with walls to soften the otherwise blank surfaces. Vines planted on walls are strongly encouraged to hide flat wall surfaces and to help reduce graffiti.

K.

Barbed wire, razor wire or similar wire or security fences shall not be permitted.

L.

Chain link and wood fencing and barb wire shall not be permitted.

(Ord. 1382 § 1 (part), 2006)

18.61.180 - Fences and walls—Residential.

In addition to Section 18.61.170 of this chapter, the provisions of this section are applicable to residential uses.

A.

All new dwellings shall include rear, side, and street side yard lot walls or fencing.

B.

Front, side, and rear yard walls and fencing shall be constructed of decorative block, stucco, masonry block, slump stone or other attractive and durable material. A block wall shall be required along all street frontages.

C.

Gates shall be constructed of wrought iron.

D.

Community perimeter or theme walls shall be solid walls located where view opportunities are not available. Plain block walls are not permitted along frontage areas. Brick, slump stone, tile, textured concrete, stucco, on masonry or other material walls which require little or no maintenance are required. Use of ivy or other vegetative material to soften and punctuate the appearance of walls and reduce the likelihood of graffiti is stronger encouraged. The use of capping in conjunction with other vertical design elements to temper the top line of the wall is also encouraged.

E.

When privacy of views is not an issue, wrought iron sections may be constructed in perimeter walls in order to take advantage of casual view opportunities. A combination of a two- to three-foot high solid wall base with wrought iron fence section between solid pilasters is a recommended design alternative.

F.

Subdivisions with fifty lots or greater shall have entry statements that create a distinctive image of a particular residential development. This entry feature should be designed to assist passing motorists to easily identify the development, and should complement the overall appearance of the greater community of which it is a part. All intersections shall have tract entrance designations. A tract entrance designation shall consist of a neighborhood identification sign on a decorative wall or monument with at least twelvefoot depth of landscaping surrounding the wall or monument. No element of the tract entrance designation shall be placed within the public right-of-way. The developer shall create private party maintenance arrangements for these elements at the time the project is built.

(Ord. 1382 § 1 (part), 2006)

18.61.190 - Parking and circulation.

A.

Parking areas and vehicular traffic shall not be the dominant visual element of the project site.

B.

Ingress and egress to and from parking areas and loading facilities shall be provided and shall be clearly marked with appropriate directional signage and pavement markings.

C.

Parking areas adjacent to and visible from streets used by the public shall be screened through the use of landscaping, landscape berms, screen walls or combination thereof.

D.

Site access and internal circulation shall be designed in a straight forward manner which emphasizes safety and efficiency. The circulation pattern shall be designed to reduce conflicts between vehicular and pedestrian traffic, provide adequate maneuvering and stacking areas, and consideration for emergency vehicle access.

E.

Parking areas shall be designed in a manner that links the building to the street sidewalk system as an extension of the pedestrian environment. This can be accomplished by using design features such as enhanced pavement treatments on walkways, trellis structures or special landscape treatments.

F.

A minimum of ten percent of the automobile parking areas shall be landscaped, receiving interior as well as perimeter treatment.

G.

Parking areas shall be designed so that pedestrians walk parallel to moving cars to minimize the need for the pedestrian to cross parking aisles and landscape areas.

H.

Reciprocal ingress and egress, circulation, and parking arrangements shall be required where possible and feasible to facilitate ease of vehicular movement between adjoining properties and to limit unnecessary driveways.

I.

Parking areas shall be designed to minimize visual impact. Parking areas shall provide safe and efficient ingress and egress for vehicles and public transit and be designed to reduce the overall mass of paved surfaces.

J.

Parking areas shall provide direct pedestrian access to the building on-site.

K.

Parking areas with street frontage shall be attractively landscaped with a minimum ten-foot wide planting strip of trees and shrubs in order to screen parked vehicles.

L.

All parking areas shall incorporate screening of parked vehicles. Such screening techniques include but not limited to:

1.

Minimum thirty-six-inch earth berm;

2.

Minimum three-foot high masonry wall;

3.

Solid landscape hedge;

4.

Lower the grade of the parking area in relation to the adjacent street used by the public; and

5.

Variety of twenty-four-inch and thirty-six-inch boxed trees.

(Ord. 1382 § 1 (part), 2006)

18.61.200 - Parking and circulation—Residential.

In addition to Section 18.61.190 of this chapter, the provisions of this section are applicable to residential uses.

A.

Garages shall be set back a minimum of five feet from the primary front facade of the dwelling.

Carports shall not be permitted.

C.

Whenever possible, parking areas located within a residential development shall be located behind residential structures to minimize visual impact to the street used by the public.

D.

Where individual garages are incorporated into the design of the project, common driveways or private streets shall be required.

E.

The parking area shall be designed in a manner which links it to the building and street sidewalk system as an extension of the pedestrian environment. This can be accomplished by using design features such as walkways with enhanced paving, trellis structures and/or landscape treatment.

F.

Nonmotorized transportation shall be accommodated by providing bicycle storage, seating areas, and a transit stop, if required. Vehicular traffic shall be adequately separated from bicycle and pedestrian circulation.

(Ord. 1382 § 1 (part), 2006)

18.61.210 - Parking and circulation—Commercial and industrial.

In addition to Section 18.61.190 of this chapter, the provisions of this section are applicable to commercial and industrial uses.

A.

Parking areas shall be designed to accommodate all parking needs generated by the use. Streets used by the public for parking and staging of trucks is not permitted.

B.

Parking areas shall be designed to accommodate solid waste pick-up service without excessive backingup of service trucks.

C.

Site access and internal circulation shall be designed in a manner which emphasizes safety and efficiency. Consideration shall be given to the separation of employee/customer parking and commercial vehicle operation (trucking, delivery and etc.).

(Ord. 1382 § 1 (part), 2006)

18.61.220 - Pedestrian accessways. ¶

A.

On-site pedestrian circulation systems shall be provided to meet the movement needs of the on-site users. Such systems shall provide safe, all-weathered surfaces and aesthetically pleasing means of on-site foot travel. Pedestrian walkways shall be an integrated part of the overall architecture and site design concept.

B.

Continuous internal pedestrian walkways no less than eight feet in width shall be provided from the sidewalk and/or street used by the public to the pedestrian entrance of all buildings on the site.

C.

The walkways shall feature adjoining landscaped areas to enhance the appearance of the walkway areas and must have adequate lighting.

D.

To the maximum extent feasible, pedestrian and vehicles shall be separated through provisions of a walkway. Where complete separations of pedestrian and vehicles are not feasible, hazards shall be minimized by using landscaping, bollards, special paving, lighting and other means to clearly delineate pedestrian areas.

E.

All internal pedestrian walkways shall be distinguished by the use of durable, low maintenance surface materials such as pavers, bricks stamped asphalt, scored concrete, or similar architectural treatments to enhance pedestrian safety and comfort as well as the attractiveness of the walkways.

F.

Walkways shall connect focal points of pedestrian activity.

(Ord. 1382 § 1 (part), 2006)

18.61.230 - Plazas. ¶

Plazas are encouraged as a site amenity and design detail. Buildings shall be arranged to include opportunities for plazas and outdoor eating areas for pedestrians with such amenities as outdoor seating, landscaping, shade structures, arbors, and special lighting, whenever possible.

B.

Outdoor employee break areas shall be located away from loading areas or other high vehicular traffic areas.

C.

Specialty decorative paving materials shall be used to enhance and identify building entries, plazas, seating areas and the like.

D.

Activity-generating uses such as retail shops, restaurants shall be located at the edges of plazas.

E.

Physical access shall be provided from the sidewalk used by the public to plazas.

F.

Visual features, such as public art, a fountain, and etc., shall be incorporated in plazas to attract pedestrians.

G.

Shade trees or other elements providing relief from the sun shall be incorporated within plazas, in a manner that does not impair pedestrian movement.

(Ord. 1382 § 1 (part), 2006)

18.61.240 - Open space—Residential.

The provisions of this section are applicable to residential uses.

A.

Open space areas shall be used to visually unify a development, link development clusters and provide enhanced pedestrian circulation within the development.

B.

Neighborhood open space areas shall tie into citywide open space systems such as public parks, trails and etc.

The location of all open space areas shall take into account climatic factors such as sun orientation and prevailing winds.

D.

Common open space areas shall be readily accessible from all buildings with the maximum number of units possible sited adjacent to the common open space areas.

E.

Common open space shall be convenient to the majority of units.

F.

Each unit shall provide usable private open space areas. These private spaces shall be directly accessible from the unit, screen from public view for privacy, and shall be a minimum of two hundred square feet in size for outdoor living activities.

(Ord. 1382 § 1 (part), 2006)

18.61.250 - Landscaping and buffering. ¶

A.

The scale and nature of landscape materials shall be appropriate to the site and structure. Native plant materials and other plant species which are well adapted to local climatic conditions are preferable. Drought tolerant landscape materials shall be used as much as possible.

B.

Elements such as mature trees, tree grouping, and etc. shall be considered in the design of the project. Where feasible, significant existing landscape elements shall be preserved and incorporated into development and landscape plans.

C.

Landscaping of parking areas shall include a combination of trees, shrubs and groundcovers. All parking areas shall provide interior landscaping for shade purposes and aesthetic enhancement.

D.

To soften the edge between the parking lot areas and the building, landscaping shall be provided at building perimeters visible by streets used by the public. A minimum ten-foot wide landscape strip shall be provided around the entire base of buildings to soften the edge between the parking areas and the structure.

E.

A perimeter landscape buffer planting area shall be provided along all sides of the property boundaries. A minimum ten-foot wide landscape strip from the edge of the property lines, along all sides of the property

shall be required. Property boundaries adjacent to residentially zoned parcels shall provide a fifteen-foot wide landscape strip. Planting area shall consist of a combination of medium to large scale trees, shrubs and groundcover.

F.

Views of parking areas from streets used by the public shall be buffered by a minimum fifteen-foot wide landscape strip in order to reduce the visual impact of large parking areas.

G.

Parking areas shall be enhanced with clustered landscaped areas such as finger planting islands, and curbed planting areas equal to the width and depth of one parking stall along with additional landscaping throughout the parking area. Planting areas shall be placed at each end of a parking row and shall contain a maximum of ten contiguous parking spaces without curbed parking planting areas.

H.

Wheel stops shall be used adjacent to tree wells and planter areas to protect landscaping from vehicular overhangs. A planter curb may be used for car overhangs provided the five-foot minimum clear planting area is maintained.

I.

Landscaping shall be protected from vehicular and pedestrian encroachment by raised planting surfaces and the use of curbs.

J.

Street parkways and common lots, such as detention/retention basins, shall be provided with landscaping consisting of decorative gravels, living groundcovers, shrubs and trees.

K.

(Ord. No. 1653, § 3[4], 1-26-21)

Chapter 18.62 - FOOTHILL BOULEVARD RESTRICTIONS

Sections:

18.62.010 - Buildings, structures or signs. ¶

It is unlawful for any person, firm or corporation to erect, construct or place any building, structure or sign of any kind or character within the planned right-of-way for Foothill Boulevard, which is defined for the purpose of this chapter as being within a point fifty-five feet from the centerline of Foothill Boulevard.

(Ord. 1141 § 1 (part), 1991: 1965 code Title XII, Ch. 3 § 16(A))

18.62.020 - Nonconforming buildings, structures or signs. ¶

Any existing building, structure or sign which has been lawfully erected, constructed or placed within the planned right-of-way for Foothill Boulevard prior to the effective date of this chapter shall be defined for the purpose of this chapter as being a nonconforming building, structure or sign.

(Ord. 1141 § 1 (part), 1991: 1965 code Title XII, Ch. 3 § 16(B))

18.62.030 - Removal of nonconforming buildings or structures. ¶

All portions of nonconforming buildings or structures of any kind or character located within the planned right-of-way for Foothill Boulevard shall be completely removed no later than June 30, 2016. Alterations, improvements or other maintenance work to the interior or exterior of a nonconforming building or structure may be performed, provided that no external additions shall be made to the building or structure which would encroach within the planned right-of-way for Foothill Boulevard. If the amount of interior or exterior alterations, improvements, enlargements, or maintenance work for which permits are required exceeds the value as specified in Section 11.04.230 within any twelve-month period, the portion of nonconforming building or structure encroaching within the planned right-of-way shall be removed and the necessary dedication of right-of-way and the construction of improvements for Foothill Boulevard shall be made in conformance with the provisions of Section 11.04.230.

(Ord. 1141 § 1 (part), 1991: 1965 code Title XII, Ch. 3 § 16(C))

18.62.040 - Removal of nonconforming signs. ¶

All nonconforming signs located within the planned right-of-way for Foothill Boulevard shall be completely removed no later than June 30, 2016. Any alterations, modifications or improvements to the sign, outside of a change of copy, shall require that the nonconforming sign shall be removed from the planned right-of-way for Foothill Boulevard.

(Ord. 1141 § 1 (part), 1991: 1965 code Title XII, Ch. 3 § 16(D))

18.62.045 - Exemptions. ¶

Any mandated improvements made to buildings specifically for the purpose of complying with federal, state or local laws shall not be included in the calculation of the ten thousand dollar permit value as specified in Section 18.62.040.

(Ord. 1145 (part), 1991)

18.62.050 - Nuisance abatement of nonconforming buildings, structures or signs. ¶

Any building, structure or sign of any kind or character which is erected, built, or placed within the planned right-of-way for Foothill Boulevard in violation of the provisions of this chapter is declared a public nuisance and may be abated in the same manner as any public nuisance.

(Ord. 1141 § 1 (part), 1991: 1965 code Title XII, Ch. 3 § 16(F))

Chapter 18.64 - VARIANCES

Sections:

18.64.010 - Purpose. ¶

When practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this title result through the strict interpretation and enforcement of the provisions thereof, the planning commission, upon receipt of a verified application from the owner or lessee of the property affected stating fully the grounds for the applicant and the facts relied upon, or upon the motion of the commission, has authority, subject to the provisions of this chapter to grant, upon such conditions and safeguards as it may determine, such variances from the provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this title is observed, public safety and welfare secured and substantial justice done.

(1965 code Title XII, Ch. 2, § 7(A))

18.64.020 - Necessary conditions. ¶

Before any variance may be granted, it shall be shown:

A.

That there are exceptional circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same vicinity or district.

B.

That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant as possessed by other property owners in the same vicinity and district.

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which the property is located.

D.

That the granting of such variance will not adversely affect the master plan.

(1965 code Title XII, Ch. 2, § 7(B))

18.64.030 - Application—Fee. ¶

Applications for variances shall be submitted to the planning division on forms provided by the department of development services for this purpose and set forth in detail such information as may be required by the planning commission and as may relate to conditions specified in Section 18.64.020. An application filing fee in the amount prescribed by resolution of the city council shall be paid to the city upon the filing of each application for the purpose of defraying expenses incidental to the proceedings. The application for a variance must be filed with the planning division not fewer than thirty days prior to the date set for planning commission to consider the variance request. The planning commission shall make an investigation of the

facts bearing on the application for variance as necessary to provide information to assure that the action on the application is consistent with the intent and purpose of this title.

(Ord. 1234 (part), 1995: Ord. 1169 § 1 (part), 1992: Ord. 705 § 2, 1976: Ord. 625 § 2, 1972: 1965 code Title XII, Ch. 2, § 7(C))

18.64.040 - Public hearings.

Notification of a public hearing on an application for variance shall be given pursuant to Sections 65090 to 65096, inclusive, of the State Government Code.

(Ord. 1169 § 1 (part), 1992; 1965 code Title XII, Ch. 2, § 7(D))

18.64.050 - Notice of decision and appeal.

A.

The planning commission shall make its findings and determination within thirty-five days from the date of the hearing on such application. The planning division shall forthwith transmit a copy of the action by the planning commission to the applicant.

B.

The order of the planning commission in granting or denying a variance becomes final and effective, unless an appeal in writing is filed as provided in Chapter 18.68.

C.

If an appeal is filed as provided in Chapter 18.68, the action of the city council is final after notice of the decision is mailed by first class mail to the interested person or persons. Any person seeking review of a decision of the city council must seek judicial review in accordance with Section 1094.6(b) of the California Code of Civil Procedure.

(Ord. 1234 (part), 1995: Ord. 1169 § 1 (part), 1992: 1965 code Title XII, Ch. 2, § 7(E))

18.64.060 - Conditions.

The commission, in granting a variance, may establish reasonable conditions which in the opinion of the commission assures the intent and purpose of this title.

(1965 code Title XII, Ch. 2, § 7(F))

18.64.070 - Voiding.

Each variance granted under the provisions of this chapter becomes null and void unless:

A.

The construction authorized by such variance or permit has been commenced within one hundred eighty days after the granting of such variance and pursued diligently to completion; or

B.

The occupancy of land or buildings authorized by such variance has taken place within one hundred eighty days after the granting of such variance.

(1965 code Title XII, Ch. 2, § 7(0))

18.64.080 - Granted without hearing when.

Notwithstanding any other provisions of this chapter, the planning commission, if it so elects, may act on the following without a public hearing as required in this chapter:

A.

Permit such modification of the height and area regulations as are necessary to secure an appropriate improvement on a lot;

B.

Permit the modification of lot area, width and depth requirements where, in the particular instance; such modifications are consistent with the purpose and intent of this title;

C.

Permit the modification or waiver of the off-street parking or loading space requirements where, in the particular instance, such modifications are consistent with the purpose and intent of this title;

D.

Permit the modification of the conditions under which specific uses are allowed in certain zones;

E.

Permit temporary buildings and uses for a period or periods of time not to exceed six months each;

F.

Permit the reconstruction or remodeling of a nonconforming building where, in the judgement of the planning commission, such reconstruction or remodeling will bring such building and its subsequent use into more conformity with its surroundings.

(Ord. 1169 § 1 (part), 1992: Ord. 705 § 3, 1976: 1965 code Title XII, Ch. 2, § 7(H))

18.64.090 - Minor variance. ¶

A.

The purpose of the minor variance procedure is to provide a method whereby minor deviations from the strict application of the variance standards contained in this title is permitted, when the strict application of such would deprive such property of privileges possessed by other property in the same zone and vicinity.

B.

Any person, firm, corporation or other entity may apply in writing to the director of development services for a minor variance. The director of development services shall review and make a determination concerning all applications for minor variances. Applications for minor variances shall be limited to an application for the following:

1.

When the strict and literal interpretation, and enforcement of this title would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this title, the director of development services shall have the authority to grant a minor variance from the provisions of this title, provided that the addition will not result in a deviation of more than ten percent from a measurable standard.

2.

Minor modifications to the requirements of signs and advertising structures under Section 18.102.060 of the code:

a.

Sign height, provided that the sign may not be raised more than twenty-five percent above that which would otherwise be permitted.

b.

Sign area, provided that the sign may not be increased in area more than twenty-five percent above that which would otherwise be permitted.

c.

Sign location.

C.

An application for a minor variance may be initiated by the city or by an interested party in accordance with the provision of Section 18.64.030, Application—Fee. No later than thirty days after receiving an application for a minor variance, the director of development services shall determine, in writing, whether the application is complete and shall immediately transmit the determination to the project applicant. If written determination is not made within the specified thirty-day time period, the application shall be deemed complete for processing. Upon receipt of any resubmittal or revision to an accepted application, a new thirty-day period shall begin.

D.

Upon receipt of a complete application for a minor variance, the director of development services shall notify the owners of all parcels located adjacent to the property by letter, using the last known county assessor tax roll. Notification shall also include all parcels which are located directly across any public or private right-of-way from the property.

E.

An application for a minor variance shall be reviewed by the director of development services, whom shall then approve, conditionally approve or deny such permit. The decision of the director of development services shall be final and conclusive in the absence of a timely filed appeal to the planning commission. In granting an application for a minor variance, the director of development services may attach reasonable requirements to ensure that the minor variance:

1.

Will not endanger the public health, safety or general welfare;

2.

Will not injure the value of adjoining or abutting property;

3.

Will not result in any significant environmental impacts;

4.

Will be in harmony with the area in which it is located; and

5.

Will be in conformity with the general plan and/or applicable specific plan(s).

F.

In reviewing a minor variance application, the director of development services shall consider and clearly establish the necessary conditions under Section 18.64.020 of this code.

G.

Any interested person may appeal a decision of the director of development services pursuant to the Chapter 16.68, Appeals, of this title. No minor variances shall be effective until the appeal period has been exhausted.

(Ord. No. 1596, § 2, 11-14-17)

Chapter 18.65 - PRECISE PLAN OF DESIGN

18.65.010 - Requirement for precise plan of design. ¶

A precise plan of design (PPD) shall be approved or conditionally approved by the community development director or planning commission, as set forth herein or in the sections applicable to the application at issue, before the issuance of any building permit for the new construction of one or more dwelling units in any residential zone, or for new development or expansion of an existing use in any commercial, industrial or other zone. Such development is permitted only in accordance with the approved PPD. Development projects that require other land use entitlements in addition to a PPD or do not qualify for a California Environmental Quality Act (CEQA) exemption shall have their PPD reviewed and considered concurrently by the planning commission. Unless the application triggers planning commission review pursuant to any specific provision of this code, development projects that solely require a PPD and qualify for a CEQA exemption shall be reviewed and considered by the community development director.

(Ord. No. 1645, § 4, 7-14-20)

18.65.020 - Contents of precise plan of design.

The following procedures shall be completed prior to the issuance of building permits:

A.

Preliminary Review. Upon filing an application pursuant to this section, the application shall be reviewed by the community development department for completeness and consistency with the required development and technical standards, and for preparation of recommended conditions of approval.

B.

Submission Requirements and Procedure. Approval under this subsection shall require the applicant to submit information as may be required by the community development department.

C.

Within thirty calendar days, following receipt of the application, the community development department will review the application and inform the applicant whether the application is complete or of any deficiencies. The applicant shall have thirty days to respond. This process will repeat until the application is deemed complete, following which determination, the community development department will refer the

application to the community development director or planning commission, as applicable, and schedule a public hearing for planning commission within forty-five days thereafter.

D.

Basis of Approval of Precise Plans of Design. Approval, conditional approval, or disapproval of a precise plan of design shall be based on the following principles and findings:

1.

The proposed development is in compliance with all city ordinances and regulations, unless in accordance with an approved variance;

2.

3.

The proposed development will not unreasonably interfere with the use or enjoyment of neighboring property rights or endanger the peace, health, safety or welfare of the general public; and

4.

The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.

H.

Approval of Precise Plans of Design. An approved precise plan of design will remain valid for a period of one year from the date of approval. If substantial construction activities are commenced within the oneyear period and such construction is being diligently pursued towards completion, the approved precise plan of design shall remain effective for an additional one-year period. The community development director or planning commission, as applicable, may, upon application prior to termination of the second one-year period, extend the approval time in the event of demonstrated unavoidable delays.

(Ord. No. 1645, § 4, 7-14-20)

Chapter 18.66 - CONDITIONAL DEVELOPMENT PERMITS[[6]]

Sections:

Footnotes:

--- ( 6 ) ---

Prior code history: 1965 code Title XII, Ch. 2 §§ 8(A), (B), (C); Ordinances 597, 623, 625, 630, 635, 663, 705, 771, 990, 1161 and 1169.

18.66.010 - General conditions. ¶

In granting any conditional development permit the city planning commission may impose such conditions as are deemed necessary and desirable to protect the public health, safety and welfare in accordance with the purposes and intent of this title and may require guarantees and evidence that such conditions are being or will be complied with. Notwithstanding any conflicting provision(s) in any other section of the Rialto Municipal Code, no building permit, certificate of occupancy, or business license shall be issued or granted for the establishment of a new business listed in Section 18.66.030 of this chapter, or the relocation of an existing business listed in Section 18.66.030 of this chapter, without approval of a conditional development permit.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

18.66.020 - Necessary conditions. ¶

Before any conditional development permit may be granted, the following findings must be made:

A.

The proposed use and development are deemed essential or desirable to provide a service or facility which will contribute to the convenience or general well-being of the neighborhood or community;

B.

The proposed use and development will not be detrimental or injurious to the health, safety or general welfare of persons residing or working in the vicinity;

C.

The site for the proposed development is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing land uses;

D.

The development site has adequate access to those utilities and other services required for the proposed use;

E.

The proposed use will be arranged, designed, constructed and maintained so as it will not be injurious to property or improvements in the vicinity or otherwise be in harmonious with, the general plan of this city and its objectives, zoning ordinances or any applicable specific plan and its objectives;

F.

Any potential adverse effects upon the surrounding properties will be minimized to every extent practical and any remaining adverse effects shall be outweighed by the benefits conferred upon the community or neighborhood as a whole.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

18.66.030 - Permitted uses. ¶

The following uses may be permitted upon the issuance of a conditional development permit in zones from which they are otherwise prohibited by this title where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the general plan and its objectives:

A.

Airports or aircraft landing fields;

B.

Ambulance stations;

C.

Cemeteries, columbariums, crematories and mausoleums;

D.

Churches or other places used exclusively for religious worship;

E. Educational institutions, including private schools;

F.

Establishments or enterprises involving large assemblages of people or automobiles including amusement parks, expositions, fair grounds, open-air theaters, race tracks, and recreational and sport centers;

Hospitals;

H.

Institutions of a philanthropic nature and charitable and/or nonprofit institutions or organizations;

I.

Natural resources development, together with the necessary buildings, apparatus or appurtenances incident thereto;

J.

Public utility or public services buildings, structures and uses;

If any other section of this code or provision of a general or specific plan is inconsistent or conflicts with this subsection, the provisions of this subsection shall apply.

(Ord. 1409 § 1 (part), 2007: Ord. 1234 (part), 1995: Ord. 1190 § 2, 1993; Ord. 1182 (part), 1992)

(Ord. No. 1524, § 2, 3-26-13; Ord. No. 1537, § 1, 12-10-13; Ord. No. 1573, § 2, 9-27-16; Ord. No. 1633, § 3, 1-28-20)

18.66.040 - Ancillary and other uses for which a permit is required.

A.

When any use is permitted in a zone in which it is proposed to be located, and that use includes or involves any one or more of the following ancillary or additional uses, then a conditional development permit is required prior to the establishment of any such ancillary or additional use:

1.

Any use that includes or involves vehicular drive-in or drive-through service;

2.

Any use that requires the complete or partial conversion of automotive service stations to other uses;

3.

Any use that includes or otherwise involves the outdoor storage of vehicles, heavy machinery and/or hazardous or potentially hazardous substances;

4.

Any use that includes or otherwise involves a convenience market, in which case the applicant must comply with Chapter 18.106 of this title;

5.

Any use that includes or otherwise involves any recycling facilities, in which case the applicant must comply with Chapter 18.108 of this title;

6.

Any use that includes or otherwise involves the off-sale of any alcoholic beverage, in which case the applicant must comply with Chapter 18.110 of this title.

B.

When any other use is permitted in any zone only upon the issuance of a conditional development permit, pursuant to the regulations applicable in that zone, then this chapter shall govern the issuance, denial, revocation, modification or suspension of such conditional use permit.

(Ord. 1409 § 1 (part), 2007: Ord. 1273 § 4 (part), 1998; Ord. 1190 § 3, 1993: Ord. 1182 (part), 1992)

18.66.050 - Application—Filing fee.

A.

Applications for conditional development permits shall be submitted to the planning division on forms provided by the planning division for this purpose and shall set forth in detail such information as may be required by the planning commission and as may relate to the conditions specified in Section 18.66.020. An application filing fee, in the amount prescribed by resolution of the city council shall be paid to the city upon the filing of each application for the purpose of defraying expenses incidental to the proceedings.

B.

The planning commission may make an investigation of the facts bearing on the application for conditional development permit as necessary to provide information to assure that the action on the application is consistent with the intent and purpose of this title.

(Ord. 1409 § 1 (part), 2007: Ord. 1234 (part), 1995: Ord. 1182 (part), 1992)

18.66.060 - Modifications of permitted use. ¶

Any modification of a conditional use or development shall necessitate the filing of a new application and any permits issued in accordance with the provisions of this chapter shall, upon reissue be subject to any amendments hereafter made to this chapter.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

18.66.070 - Revocation, suspension or modification. ¶

Any conditional development permit issued may be revoked, suspended or modified, in the discretion of the commission, if:

It is not used within six months from the date of approval; or

B.

The uses for which such approval was granted have ceased to exist, been subsequently modified or have been suspended for six months or more; or

C.

Any of the express conditions or terms of such permit are violated; or

D.

The use for which such approval was granted becomes or is found to be objectionable or incompatible with the character of the city and its environs due to dust, noise, odors or other undesirable characteristics, including but not strictly limited to uses which are or have become offensive to neighboring property or the goals and objectives in the city's general plan.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

18.66.080 - Public hearings and notice. ¶

Upon the receipt of an application for a conditional development permit or upon any proposed revocation modification or suspension of any conditional development permit previously issued the planning commission shall hold at least one public hearing. Notice of such public hearing shall be given, pursuant to Section 65091 of the California Government Code. The requirement of a public hearing may be waived by the planning commission on any application involving public service uses or buildings when such uses or buildings are found to be necessary for the public health, safety, convenience or welfare. The failure of any person or entity to receive notice given pursuant to these procedures shall not constitute grounds for any court to invalidate the actions of the planning commission for which the notice was given.

(Ord. 1409 § 1 (part), 2007: Ord. 1190 § 4, 1993: Ord. 1182 (part), 1992)

18.66.090 - Notice of decision—Appeals.

A.

The planning commission shall make its findings and determination within thirty-five days from the date of the hearing and shall forthwith transmit a copy thereof to the applicant or other person to whom the proceeding was directed.

B.

The order of the planning commission in granting, denying or revoking a conditional development permit becomes final and binding five days after the rendering of its decision unless within such five-day period an appeal in writing is filed as provided in Chapter 18.68 of this title.

C.

If an appeal is filed as provided in Chapter 18.68, the action of the city council is final.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

18.66.100 - Violation—Penalty. ¶

Each person, firm or corporation shall be deemed guilty of a separate offense upon each day during any part of which any violation of this code or of any term or condition of any conditional development permit is committed continued permitted or maintained by such person, firm or corporation and shall be punishable therefor as provided in this title.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

18.66.110 - Validity. ¶

Should any section, paragraph, sentence, clause, phrase or word of this chapter be declared for any reason to be invalid, it is the intent of the city that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid.

(Ord. 1409 § 1 (part), 2007: Ord. 1182 (part), 1992)

Chapter 18.68 - APPEALS

Sections:

18.68.010 - Stay of proceedings. ¶

Any order, requirement, decision, determination, interpretation or ruling made by the planning commission in the administration or enforcement of the provisions of this title may be appealed therefrom to the city council by any person aggrieved, or by an officer, board, department or bureau of the city. The taking of an appeal stays proceedings in the matter appealed from until the determination of the appeal.

(1965 code Title XII, Ch. 2, § 9(A))

18.68.020 - Appeal—Form and content. ¶

The appeal shall be made in writing to the city clerk on forms provided by the office of the city clerk. An appeal from any order, requirement, decision, determination or interpretation by the planning commission in the administration or enforcement of the provisions of this title must set forth specifically wherein there was error or abuse of discretion. An appeal from the ruling, decision and determination by the planning commission denying or granting a variance or conditional development permit, must set forth the

particulars wherein the application for variance or conditional development permit did meet or failed to meet, as the case may be, those necessary conditions set forth in Sections 18.64.020 or 18.66.020 as being prerequisite to the granting of any variance or conditional development permit.

(Ord. 1169 § 1 (part), 1992: 1965 code Title XII, Ch. 2, § 9(B))

18.68.030 - Filing fee. ¶

An appeal filing fee in the amount prescribed by resolution of the city council shall be paid to the city upon the filing of each appeal for defraying expenses incidental to the proceedings.

(Ord. 1169 § 1 (part), 1992: Ord. 705 § 5, 1976: 1965 code Title XII, Ch. 2, § 9(C))

18.68.040 - Filing—Time. ¶

Any appeal shall be filed with the office of the city clerk within fifteen days after the decision appealed from has been rendered or it shall be dismissed by the city council.

(Ord. 1169 § 1 (part), 1992: 1965 code Title XII, Ch. 2, § 9(D))

18.68.050 - Notice—Hearing date. ¶

Upon receipt of the notice of appeal, the city council shall set the matter for hearing and give notice of the date, time and place thereof to the appellant, to the planning commission and to any other party at interest who has requested in writing to be so notified, and no other notice thereof need be given, except in those cases hereinafter mentioned. (1965 code Title XII, Ch. 2, § 9(E))

18.68.060 - Authority of council. ¶

Upon hearing the appeal, the city council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the order, requirement, decision, determination, interpretation or ruling appealed from, or make and substitute such other or additional decision or determination as it may find warranted under the provisions of this title. The city council shall forthwith transmit a copy of the decision to the applicant, appellant and planning commission. (1965 code Title XII, Ch. 2, § 9(F))

Chapter 18.70 - ENVIRONMENTAL REVIEW

Sections:

18.70.010 - Guidelines—Incorporation by reference. ¶

The California Environmental Quality Act (CEQA) statutes, Public Resources Code Division 13, Sections 21000—21177, as amended by the State of California January 1, 2000, and the Guidelines for Implementation of the California Environmental Quality Act (CEQA), California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000—15387 and Appendices A—K, as amended by the State of California December 1, 1999, are incorporated by reference as the environmental assessment objectives, criteria and procedural guidelines for the city. Where CEQA provisions, as amended, conflict with those of this chapter or those of the State CEQA Guidelines, as amended, the provisions of CEQA as amended shall take precedence.

(Ord. 1312 § 1 (part), 2000)

18.70.020 - Administration. ¶

The director of development services or his designee shall administer the provisions of CEQA and of this chapter within the city. Provisions of this chapter shall repeal and supersede provisions of Ordinance No. 1002, adopted August 10, 1987.

(Ord. 1312 § 1 (part), 2000)

18.70.030 - Assessment—Data. ¶

In making application for any project as defined by CEQA to any city commission, department, division or agency for any permit, right, privilege or other entitlement, the applicant shall provide the director of development services or his designee with the appropriate filing fee(s), a completed environmental information form and other data as required in order for the director of development services to conduct a preliminary environmental review.

(Ord. 1312 § 1 (part), 2000)

18.70.040 - Assessment—Exemption and initial study. ¶

Following submittal by the applicant of an environmental information form and other data as required the director of development services or his designee shall determine if the application is complete. Following this determination, the director of development services or his designee shall determine if the application is subject to further provisions of CEQA. If the director of development services or his designee determines that CEQA categorically exempts the application from further environmental review, the director of development services or his designee shall so notify the applicant and, upon approval of the project, may file a notice of exemption with the clerk of the county board of supervisors. If the director of development services or his designee determines that the application is subject to further review under provisions of CEQA, an initial environmental study shall be conducted by the planning division

(Ord. 1312 § 1 (part), 2000)

18.70.050 - Assessment—Review by community development director or planning commission.

A.

Notwithstanding any provision of this code designating the director of community development as the authorized body to approve or conditionally approve any planned development design, should the director of community development determine that the application is not subject to a CEQA exemption, the application for the planned development design shall be referred to, and subject to the approval by, the planning commission, which shall be the authorized body to consider any negative declaration, mitigated negative declaration or environmental impact report. The planning commission, on recommendation by the community development director or designee, shall review all initial environmental studies for projects as defined by CEQA, excepting initial studies for activities, programs or development proposals exempted from further environmental analysis by provisions of CEQA.

B.

Should the planning commission determine that the project will not have a significant effect on the environment, it shall issue a CEQA exemption, negative declaration or mitigated negative declaration for the project. Issuance of the mitigated negative declaration will be made concurrently with approval of the project by the planning commission. The mitigated negative declaration shall remain in effect until the expiration date of the city's permit or approval of the project. Following issuance of the mitigated negative declaration and approval of the project by the planning commission, the community development director

or designee shall submit a notice of determination to the clerk of the county board of supervisors and/or State Clearinghouse, as appropriate, within the time prescribed by CEQA guidelines.

C.

If upon review of the submitted environmental information form, the community development director finds that the proposed project involves special circumstances such as possible unique environmental issues, potential hazardous technologies, or controversial environmental concerns, the city shall require that the project sponsors fund, in addition to the standard city environmental review fee, the preparation of an initial environmental study (IES) prepared by an environmental consultant selected by the city.

Should the community development director determine that the project may have a significant effect on the environment, he/she shall recommend that an environmental impact report be prepared for the project in accordance with CEQA requirements.

(Ord. No. 1645, § 3, 7-14-20)

18.70.060 - Assessment—Review by planning commission.

A.

The planning commission reviews the possible environmental effects of any project except a precise plan of design application (as provided in Section 18.70.050(F)) or any project exempted by CEQA.

B.

Based on data provided by the applicant, on information developed by the initial environmental study, and on the recommendation of the development review committee, the planning commission shall determine whether the project may have a significant effect on the environment.

C.

The planning commission shall recommend to the city council either that a mitigated negative declaration be issued or that an environmental impact report be prepared for projects involving applications for general plan amendments, zone changes, specific plans, annexations or ordinance amendments.

D.

The planning commission shall make a final environmental determination on applications for tentative tract maps, lot splits, lot line adjustment, variances, conditional development permits (except as provided in Chapters 18.28 and 18.105) and/or recommendation by the development review committee that an environmental impact report be required for a project.

E.

Should the planning commission find that an application listed in Section 18.70.060(D) will not have a significant effect on the environment, the commission shall, prior to or concurrently with approval of the project, issue a mitigated negative declaration and shall direct the director of development services or his

designee to file a notice of determination and to take other appropriate steps as required by CEQA and the provisions of this chapter.

F.

Any person aggrieved or affected by any decision of the planning commission regarding its environmental considerations may appeal to the city council within fifteen days after the date on which the planning commission makes its environmental finding. An appeal shall be filed in writing with the director of development services along with concurrent payment to the city of the fee in effect on the date of filing. The city council shall consider the appeal within thirty days after receipt of the written appeal and filing fee, and the city council may affirm, modify or reverse the decision of the planning commission.

(Ord. 1312 § 1 (part), 2000)

18.70.070 - Assessment—Review by city council.

A.

Prior to or concurrently with its final consideration of a project, the city council shall review and make the final environmental determination on any project for which an environmental impact report has been prepared and on all applications for general plan amendments, zone changes, specific plans, annexations, ordinances or ordinance amendments, and conditional development permits, as described in chapters of the Rialto Municipal Code. Upon adoption of its final environmental determination, the city council will direct the director of development services or his designee to file a notice of determination and to take other appropriate steps as required by CEQA and the provisions of this chapter.

B.

During a period of not less than fifteen days nor more than thirty days following an environmental determination by the planning commission, the city council, may on its own motion, elect to review the environmental determination and may affirm, reverse or modify the finding.

(Ord. 1312 § 1 (part), 2000)

(Ord. No. 1645, § 3, 7-14-20)

Chapter 18.72 - PROPERTY MAINTENANCE—NUISANCES

Lawns growing in excess of six inches in height, or untrimmed and encroaching more than two inches over sidewalks or other hardscape improvements,

2.

Untrimmed trees, hedges, shrubs, or other plants which are normally trimmed by other property owners in the city,

3.

Trees, shrubs, lawn, or other plants which are dying from lack of adequate water, fertilization, or maintenance, or where the same are diseased,

4.

Lack of vegetation, lawn, shrubs, or other decorative groundcover or pavement on any improved property when compared to other properties in the immediate neighborhood,

5.

Failure of any property owner, with the exception of single-family homeowners, to substantially comply with any landscaping plans previously approved by the city in connection with the city's issuance of any land use approval,

Failure of any property maintain any fences, hedges or other plants in compliance with Section 18.56.030 of this code,

7.

Failure of any property owner to maintain the parkway abutting his or her property in compliance with Section 11.08.040 of this code,

8.

Failure of any property owner to maintain the property over or under which any public utility holds an easement for public utility facilities;

E.

Attractive nuisances (those objects which, by their nature, may attract children or other curious individuals) including but not limited to, abandoned and broken equipment, neglected machinery, unprotected or hazardous pools, stagnant water, abandoned or discarded refrigerators, freezers or iceboxes, unprotected excavation, or unattended toys, wading pools, or dog houses left unattended overnight in any unfenced or unsecured area;

F.

Any discarded, used, secondhand, salvaged or abandoned boxcars, refrigerator cars, motor bus bodies, bodies of other similar means of conveyance, or structures of similar nature or construction for a place of habitation or business in the city;

G.

Broken or discarded furniture and household equipment, stoves, trash, dirt, and other debris, on the premises for unreasonable periods and visible from any public street, property, or right-of-way, or from the sites of neighboring properties and having the tendency to degrade the aesthetic quality of, or depreciate the property values in, the immediate neighborhood;

H.

Scattering over property of trash, debris or rubbish not stored in approved containers and visible from any public street, property, or right-of-way;

I.

Vacant lots or vacant parcels of land which have been demonstrated to attract illegal dumping and are unprotected with security fencing or other means of preventing illegal dumping acceptable to the code enforcement division chief;

J.

Packing boxes, discarded or nonusable building materials, building debris, other debris stored in yards and visible from any public street, property, or right-of-way for more than two weeks,

K.

Garbage or trash cans or containers stored in front or side yard areas without adequate screening and visible from any public street, property, or right-of-way and any garbage or trash cans or containers placed out for pick-up prior to sunrise of the day before refuse pick-up or not removed on or before sunset of the date after refuse pick-up;

L.

The accumulation of dirt, litter, trash or debris in vestibules, doorways or the adjoining sidewalks of commercial, industrial or retail businesses;

M.

Clotheslines in front yard areas;

N.

Temporary signs which advertise or are related to events which have already taken place;

O.

The maintenance of any structure in a state of substantial deterioration, such as broken windows, roofs in disrepair, wood or paper signs in deteriorated condition, damaged or unsafe porches, walls or broken steps or other such deterioration or disrepair not otherwise constituting a violation and which is visible from a public right-of-way or visible from the sites of neighboring properties where such condition would tend to degrade the aesthetic quality of, or depreciate the property values in, the immediate neighborhood;

P.

The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings more than forty-five days after such building becomes vacant;

Q.

The substantial lack of maintenance of grounds within the city on which structures exist, where such grounds are visible from any public street property or right-of-way or visible from the sites of neighboring properties, where such condition tends to degrade the aesthetic quality of, or depreciate the property values in, the immediate neighborhood;

R.

Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such as to constitute public nuisance as defined by Civil Code, Section 3400 or Section 17980 et seq., of the Health and Safety Code;

S.

Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments;

T.

Closed, vacant and inoperative automobile service stations or gas stations which shall include but are not limited to the following: all buildings, pumps, pump stations, pump islands, all underground storage tanks, mechanical equipment, wells, cesspools, septic tanks, foundations, all pavings and any other materials or equipment originally placed in connection therewith on or at any depth beneath the surface of the real property which has been closed, vacant or inoperative for a period of one year or more;

U.

Permitting or allowing any graffiti to remain on any building, wall, fence, or structure within the city for more than one week;

V.

Any sign, or portion member or appurtenance thereof, which is potentially likely to fall or to become detached or dislodged or to collapse and thereby injure any person or damage or injure the property of another;

W.

Property including but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration that the same causes degradation of the aesthetic quality, or appreciable diminution of the property values, of surrounding properties or is materially detrimental to proximal properties and improvements.

(Ord. 1294 § 1, 1999; Ord. 1234 (part), 1995; Ord. 1169 § 1 (part), 1992; Ord. 1104, 1990: Ord. 1020, 1988; Ord. 857 (part), 1982; Ord. 686 § 4 (part), 1975)

18.72.020 - Abatement by repair, rehabilitation, demolition or removal. ¶

All or any part of premises found, as provided in this chapter, to constitute a public nuisance shall be abated by rehabilitation, demolition or repair pursuant to the procedures set forth in this chapter. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law.

(Ord. 686 § 4 (part), 1975)

18.72.030 - Declaration of nuisance. ¶

Whenever the city administrator or his/her duly authorized representative determines that any buildings, structures or land within the city is being maintained contrary to one or more of the provisions of Section 18.72.010 of the municipal code and/or of Section 1001 of the Uniform Housing Code or of any other applicable laws pertaining to nuisances, then he/she shall cause notice to be given to all owners of record and any tenants in evident possession thereof, stating the defects thereof. The notice of defects may require the owner(s) or persons in charge of the premises or buildings, within fifteen days, to commence

either the rehabilitation of such premises, the repair or demolition of buildings or structures or portions thereof or the abatement of any nuisance conditions found thereon, or notice shall be given in the manner provided in this chapter for the holding of a public hearing, to ascertain whether the same does in fact constitute a public nuisance, the abatement of which is appropriate under the police power of the city.

(Ord. 1234 (part), 1995: Ord. 1040, 1988: Ord. 686 § 4 (part), 1975)

18.72.040 - Form of notice of hearing.

Notice of the time and place of hearing before the property maintenance hearing board shall be titled, "Notice of Hearing" and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART

NOTICE IS HEREBY GIVEN that on the day of _____, _______, at the hour of ___.M. of said day, the Property Maintenance Hearing Board of the City of Rialto, will hold a public hearing in the Council Chambers of the Rialto City Hall, located at 150 South Palm Avenue, Rialto, California, to ascertain whether certain premises situated in the City of Rialto, State of California, known and designated as ___________(street address), in said City, and more particularly described as ___________ (legal description) constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon.

If said premises, in whole or part, are found to constitute a public nuisance as defined by Section 18.72.010 of the Rialto Municipal Code and if the same are not abated by the owner within a reasonable time, such nuisances may be abated by municipal authorities and the rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid and/or may be assessed as a special assessment against the property to be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedures and sale in the case of delinquency as provided for ordinary municipal taxes.

Said alleged violations consist of the following:

;le_;

Said methods of abatement available are:;le_;

;le_;

All persons having any objection to, or interest in said matters are hereby notified to attend said hearing, when their testimony and evidence will be heard and given due consideration.

DATED: This ___ day of , 19/20

___________ City Administrator

(or title of his/her duly authorized representative).

(Ord. 1234 (part), 1995: Ord. 686 § 4 (part), 1975)
18.72.050 - Serving notice.

A.

The chief building official or code enforcement chief, or such other city official as may be designated by the city administrator, shall cause to be served upon the owner of each of the affected premises a copy of the notice described in Section 18.72.040.

B.

Said notice shall be served at least fifteen days before the time fixed for such hearing. Proof of service of such notices shall be made by declaration under penalty of perjury filed with the city clerk.

(Ord. 1234 (part), 1995 Ord. 857 (part), 1982; Ord. 686 § 4 (part), 1975)

18.72.060 - Form of proper service of notice. ¶

Service of the notice described in Section 18.72.040 shall be in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in the county in which the property is located. The service is complete at the time of such receipt and/or posting and publication. "Owner," as used herein, shall mean any person in possession and also the person(s) shown as owner(s) on the last equalized property tax assessment rolls. In the event the owner(s) cannot be located after all reasonable effort has been made to serve such notice, the validity of the proceeding hereunder shall not be affected.

(Ord. 1234 (part), 1995: Ord. 686 § 4 (part), 1975)

18.72.070 - Property maintenance hearing board. ¶

A property maintenance hearing board consisting of five members shall be appointed by and serve at the convenience of the city council.

(Ord. 686 § 4 (part), 1975)

18.72.080 - Hearing by property maintenance hearing board—Consideration.

At the time stated in the notices, the property maintenance hearing board shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, city

personnel and interested persons relative to such alleged public nuisance and to the proposed rehabilitation, repair or demolition of such premises. Said hearing may be continued as necessary.

(Ord. 686 § 4 (part), 1975)

18.72.090 - Hearing by property maintenance hearing board—Determination.

A.

Upon or after the conclusion of the hearing, the property maintenance hearing board shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined herein. If the property maintenance hearing board finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the property maintenance hearing board shall instruct the city administrator or his/her duly authorized representative to make a written order setting forth the board's findings and ordering the owner or other person having

charge or control of such premises to abate such nuisance by having such premises, buildings or structures rehabilitated, repaired or demolished in the manner and by the means specifically set forth in the order. Such order shall set forth the times within which such work shall be commenced and completed by the owner.

B.

Within fifteen days from the date of mailing of the order, the owner or person controlling such lot or premises affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. At a meeting of the city council not more than thirty days thereafter, the city council shall proceed to hear and pass upon the appeal. The decision of the city council thereupon shall be final and conclusive.

(Ord. 686 § 4 (part), 1975)

18.72.100 - Limitation of filing judicial action. ¶

Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken on appeal by the city council in ordering the abatement of any public nuisance under the provisions of this chapter must bring an action for administrative writ of mandamus to contest such decision within ninety days after the date of such decision of the city council to the affected owner. Otherwise, all objections to such decision shall be deemed waived.

(Ord. 1234 (part), 1995: Ord. 686 § 4 (part), 1975)

18.72.110 - Service of order to abate. ¶

A copy of the order of the city administrator or his/her duly authorized representative ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Sections 18.72.050 and 18.72.060, and shall contain a detailed list of needed corrections and abatement methods.

Any property owner shall have the right to have any such premises rehabilitated or to have such building or structures demolished or repaired in accordance with said order and at his/her own expense provided the

same is done prior to the expiration of the abatement period set forth in the order. Upon such abatement in full, proceedings hereunder shall terminate.

If such nuisance is not completely abated as directed within the designated abatement period, then the city administrator, or such other city official as may be designated by him/her, is authorized and directed to cause the same to be abated by city personnel or private contract. The city administrator (or his/her designated agents) is expressly authorized to enter upon said premises for such purpose. Upon request of the designated official, other city departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance.

(Ord. 1234 (part), 1995: Ord. 686 § 4 (part), 1975)

18.72.115 - Exigent circumstances—Entry and abatement. ¶

The exceptions for abating nuisances as outlined in this chapter shall be where exigent circumstances posing an immediate hazard to health, safety, property or public welfare exist. In the case of exigent circumstances the nuisance conditions shall be summarily abated in a manner deemed proper by the fire chief or his or her designee. The recovery of costs for abatement under exigent circumstances shall be in the same manner as provided for in this chapter.

(Ord. 1169 § 1 (part), 1992)

18.72.120 - Record of cost for abatement. ¶

A.

The city administrator, or such other city official as may be designated by him, shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done and shall render an itemized report in writing to the city council showing the cost of abatement and the rehabilitating, demolishing or repairing of said premises, buildings or structures, including any salvage value relating thereto provided, that before said report is submitted to said city council a copy of the same shall be served in accordance with the provisions of Sections 18.72.050 and 18.72.060, together with a notice of the time when said report shall be heard by the city council for confirmation.

B.

The city council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs.

C.

Proof of said service shall be made by declaration under penalty of perjury filed with the city clerk.

D.

The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.

E.

All costs of abatement of such nuisances shall be assessed to the person creating, causing, committing or maintaining it, and such expense of abatement shall be a lien against the property on which it is maintained, and a personal obligation against the owner of said property.

(Ord. 1169 § 1 (part), 1992; Ord. 686 § 4 (part), 1975)

18.72.130 - Report—Hearing and proceedings. ¶

At the time and place fixed for receiving and considering the report, the city council shall hear and pass upon the report of such cost of abatement, together with any objections or protests. Thereupon, the city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report, as submitted or as revised, corrected or modified, shall be confirmed. The decision of the city council on all protests and objections which may be made shall be final and conclusive.

(Ord. 686 § 4 (part), 1975)

18.72.140 - Assessment of costs and expenses as a special assessment against property—Lien. ¶

In the event the property owner does not reimburse the city the expense of abating the nuisance within five days after the city council confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the rate set by resolution of the city council, computed from the date of confirmation of the statement until payment. The special assessment shall be recorded in the office of the county recorder in the form of a notice of lien and shall constitute a lien on said property for the amount of such assessment.

A.

After such confirmation and recordation, a certified copy of such decision shall be sent to the tax division of the county auditor-controller's office, whereupon it shall be the duty of said auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedures under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

B.

After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law;

C.

Such notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of City of Rialto)

Pursuant to the authority vested by the provisions of Section 18.72.010, et seq., of the Rialto Municipal Code, the City Administrator of the City of Rialto (or his or her designated agents) did on or about the _______ day of , 19/20, cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired, demolished or boarded and secured, or the property hereinafter described to be cleaned or abated of nuisance conditions, in order to abate a public nuisance on said real property; and the City Council of the City of Rialto did, on the _______ day of, 19/20, assess the cost of such rehabilitation, repair demolition boarding securing, cleaning or abating other nuisance conditions, upon said real property hereinafter described; and the same has not been paid nor any part thereof; and the City of Rialto does hereby claim a lien on such rehabilitation, repair, demolition, boarding, securing cleaning or abatement of nuisance conditions in the amount of said assessment, to wit the sum of $_____ and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

fter described; and the same has not been paid nor any part thereof; and the City of Rialto does hereby claim a lien on such rehabilitation, repair, demolition, boarding, securing cleaning or abatement of nuisance conditions in the amount of said assessment, to wit the sum of $_____ and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

This assessment shall continue until it is paid, together with interest at the rate often (10%) percent per annum or at a rate set by resolution of the City Council of the City of Rialto, computed from the date of confirmation of the statement, the _______ day of _______ 19/20___, until payment is made in full.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Rialto, County of San Bernardino, State of California, and more particularly described as follows:

Dated: This _______ day of ____, 19/20.

(Ord. 1234 (part), 1995: Ord. 1169 § 1 (part), 1992: Ord. 686 § 4 (part), 1975)

18.72.150 - Alternative remedies. ¶

Nothing in this chapter shall be deemed to supersede the provisions of the municipal code, nor to prevent the city from commencing civil or criminal proceedings to abate a public nuisance under applicable Civil, Health and Safety or Penal Code provisions as an alternative to the proceedings set forth herein. Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except conditions pursuant to Section 179809 of the Health and Safety Code, a court may order the owner to pay treble the costs of the abatement.

(Ord. 1234 (part), 1995: Ord. 686 § 4 (part), 1975)

18.72.160 - Violations. ¶

A.

Every owner, lessee, occupant, or person having charge of any property or premises within the city who maintains any public nuisance as defined in this chapter or who violates an order of abatement made

pursuant to this chapter, is guilty of a misdemeanor, which is punishable by a fine of up to, but not more than, one thousand dollars, or by imprisonment for a period of time not to exceed six months in jail, or both. Every person violating provisions of this chapter shall be deemed guilty of a separate offense for each day or portion thereof during which such violation continues.

B.

No person shall obstruct, impede or interfere with any representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be repaired, rehabilitated or demolished and removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the city council, representative of the city, purchaser or person having any interest or estate in such building is engaged in repairing, rehabilitating or demolishing and removing any such building pursuant to the provision of this chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant hereto.

(Ord. 1414 § 5, 2008: Ord. 1303 § 1, 2000; Ord. 686 § 4 (part), 1975)

Chapter 18.74 - ALQUIST-PRIOLO ACT SPECIAL STUDIES ZONE

Sections:

18.74.010 - Scope. ¶

Specific plan of land use;

5.

Building permit;

6.

Tentative subdivision map;

7.

Tentative parcel map.

(Ord. 702 § 1 (part), 1976)

18.74.030 - Application requirements.

A.

All applications for a permit for a real estate development or for a structure for human occupancy that lies within a special studies zone shown on the maps prepared by the State Geologist pursuant to the AlquistPriolo Special Studies Zones Act shall be accompanied by a geologist's report.

B.

The report shall be issued by a geologist who is registered in the state, shall define and delineate any hazard of surface fault rupture, and shall be prepared in accordance with the requirements of the act.

C.

A geologic report may be waived if the geologist employed or retained by the city determines that no undue hazard from surface fault rupture exists and the waiver is approved by the State Geologist.

D.

After a geologic report has been approved or waived for a project, further geologic reports shall not be required for subsequent phases of the project, including building permits, unless new geologic data is recorded that warrants further investigation of the site.

(Ord. 702 § 1 (part), 1976)

18.74.040 - Geologic report—Notice to applicant of findings. ¶

Within thirty days from the date of filing of geologic report or waiver thereof, the planning division shall notify the applicant of the findings made by the geologist employed or retained by the city. When further information is requested and a revised report is submitted, a new thirty-day period for review and action will commence.

(Ord. 1234 (part), 1995: Ord. 1169 § 1 (part), 1992: Ord. 702 § 1 (part), 1976)

18.74.050 - Processing fee. ¶

Upon the filing of a geologic report with the planning division as set forth by the provisions of this chapter, an application fee in the amount prescribed by resolution of the city council shall be paid to the city to defray the cost for the processing and review of the geologic report.

(Ord. 1234 (part), 1995: Ord. 1169 § 1 (part), 1992: Ord. 702 § 1 (part), 1976)

18.74.060 - Permit not to allow violation of certain regulations. ¶

Within every special studies zone delineated on the maps issued by the State Geologist, no permit or approval shall be granted for any project if the permit or approval would allow or require a structure used for human occupancy to be constructed or placed in violation of the requirements of the act or the policies and criteria of the State Mining and Geology Board adopted pursuant to the act.

(Ord. 702 § 1 (part), 1976)

18.74.070 - Geologic report—Completion or waiver required. ¶

No application for a permit shall be considered as complete for filing and the time limitations for processing a permit shall not begin to run until the geologic report required by the act has been accepted as complete or until a waiver thereof has been finally approved.

(Ord. 702 § 1 (part), 1976)

Chapter 18.75 - FLOODPLAIN MANAGEMENT ORDINANCE[[8]]

Sections:

Footnotes:

--- ( 8 ) ---

Prior Ordinance History: 1173

18.75.010 - Statutory authorization. ¶

The Legislature of the State of California has, in Government Code Section 37100, authorized the legislative bodies of cities to pass ordinances not in conflict with the Constitution and laws of the State of California or the United States. The City Council of the City of Rialto does hereby adopt the following floodplain management regulations in order to comply with the National Flood Insurance Program and to assist its citizenry in obtaining flood insurance at cheaper rates and in greater amounts.

(Ord. 1318 § 1, 2001)

18.75.020 - Findings of fact.

A.

The flood hazard areas of the City of Rialto are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B.

These flood losses are caused by uses that are inadequately elevated, flood proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss.

(Ord. 1318 § 1, 2001)

18.75.030 - Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

A.

Protect human life and health;

B.

Minimize expenditure of public money for costly flood control projects;

C.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

D.

Minimize prolonged business interruptions;

E.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

F.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

G.

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

H.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. 1318 § 1, 2001)

18.75.040 - Methods of reducing flood losses. ¶

In order to accomplish its purposes, this chapter includes methods and provisions to:

A.

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;

B.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

D.

Control filling, grading, dredging, and other development which may increase flood damage; and

E.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

(Ord. 1318 § 1, 2001)

18.75.050 - Definitions.

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

"Accessory use" means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located.

"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter.

"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

"Area of special flood hazard"—See "Special flood hazard area."

"Area of special flood-related erosion hazard" is the land within a community that is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Insurance Rate Map (FIRM).

"Area of special mudslide (i.e., mudflow) hazard" is the area subject to severe mudslides (i.e., mudflows). The area is designated as Zone M on the Flood Insurance Rate Map (FIRM).

"Base flood" means a flood which has a one percent chance of being equalled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.

"Basement" means any area of the building having its floor subgrade-i.e., below ground level-on all sides.

"Building"—See "Structure".

"Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood, flooding, or flood water" means:

A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any

source; and/or mudslides (i.e., mudflows); and

2.

The condition resulting from flood-related erosion

"Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Flood-related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding.

"Flood-related erosion area" or "Flood-related erosion prone area" means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

"Flood-related erosion area management" means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source—see "Flood, flooding, or flood water."

"Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations" means this chapter and other zoning chapters, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof that provide standards for preventing and reducing flood loss and damage.

"Flood proofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet flood proofing.)

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway".

"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

"Fraud and victimization" as related to Section 18.75.270, Variance Procedure, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

"Functionally dependent use" means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Governing body" is the city council of the city.

"Hardship" as related to Section 18.75.270, Variance Procedure, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure" means any structure that is

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system" means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement—(see "Basement" definition).

1.

An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

a.

The wet flood proofing standard in Section 18.75.170.

b.

The anchoring standards in Section 18.75.170.

c.

The construction materials and methods standards in Section 18.75.170.

d.

The standards for utilities in Section 18.75.180.

For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

"Market Value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation, which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"Mudslide" describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its

propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year flood" or "100-year flood"—See "Base flood."

"Public safety and nuisance" as related to Section 18.75.270, Variance Procedure, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Recreational vehicle" means a vehicle that is

1.

Built on a single chassis;

400 square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light-duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.

tions, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Sheet flow area"—See "Area of shallow flooding".

"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al-A30, AE, A99, or AH.

"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit.

The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either

1.

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

2.

Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

"Variance" means a grant of relief from the requirements of this chapter, which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. 1318 § 1, 2001; Ord. No. 1693, § 2, 5-14-24)

18.75.060 - Lands to which this chapter applies. ¶

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Rialto.

(Ord. 1318 § 1, 2001)

18.75.070 - Basis for establishing the areas of special flood hazard. ¶

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) entitled "The Flood Insurance Study for San Bernardino County and Incorporated Areas," dated May 8, 2024, with accompanying Flood Insurance Rate Maps (FIRMs), and all subsequent amendments or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The FIS and FIRMs are on file at The City of Rialto, Engineering Division, 150 South Palm Avenue, Rialto, CA, 92376.

(Ord. 1318 § 1, 2001)

(Ord. No. 1693, § 3, 5-14-24)

18.75.080 - Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) of this chapter shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. 1318 § 1, 2001)

18.75.090 - Abrogation and greater restrictions. ¶

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 1318 § 1, 2001)

18.75.100 - Interpretation. ¶

In the interpretation and application of this chapter, all provisions shall be

Considered as minimum requirements;

B.

Liberally construed in favor of the governing body; and

C.

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. 1318 § 1, 2001)

18.75.110 - Warning and disclaimer of liability. ¶

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of City Council, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 1318 § 1, 2001)

18.75.120 - Severability. ¶

This chapter and the various parts of the ordinance adopting the same are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. 1318 § 1, 2001)

18.75.130 - Establishment of development permit. ¶

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 18.75.070. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required.

Site plan, including but not limited to:

For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site; and

2.

Proposed locations of water supply, sanitary sewer, and utilities; and

3.

If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4.

If applicable, the location of the regulatory floodway; and

B.

Foundation design detail, including but not limited to:

1.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

2.

For a crawl-space foundation, location and total net area of foundation openings as required in Section 18.75.170 of this chapter and FEMA Technical Bulletins 1-93 and 7-93; and

3.

For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five (95) percent using the Standard Proctor Test method); and

C.

Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood proofed, as required in Section 18.75.170 of this chapter and FEMA Technical Bulletin TB 3-93; and

D.

All appropriate certifications listed in Section 18.75-150 of this chapter; and

E.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(Ord. 1318 § 1, 2001)

18.75.140 - Designation of the floodplain administrator. ¶

The City Engineer is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions.

(Ord. 1318 § 1, 2001)

18.75.150 - Duties and responsibilities of the floodplain administrator. ¶

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following.

A.

Permit Review. Review all development permits to determine that

1.

Permit requirements of this chapter have been satisfied,

2.

All other required state and federal permits have been obtained,

3.

The site is reasonably safe from flooding, and

4.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

B.

Review, Use and Development of Other Base Flood Data.

1.

When base flood elevation data has not been provided in accordance with Section 18.75.070, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 18.75.170 through 18.75.240 of this chapter. Any such information shall be submitted to the City Council for adoption; or

2.

If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain

Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Sections 18.75.170 through 18.75.240 of this chapter:

Simplified method

i.

100 year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and

ii.

Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

Detailed method

i.

100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and

ii.

Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.

Notification of Other Agencies. In alteration or relocation of a watercourse:

1.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2.

Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3.

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available, as needed, the following:

1.

Certification required by Section 18.75.170 C.1. (lowest floor elevations),

2.

Certification required by Section 18.75.170 C.2 (elevation or flood proofing of nonresidential structures),

3.

Certification required by Section 18.75.190 C.3 (wet floodproofing standard),

4.

Certification of elevation required by Section 18.75.190 B (subdivision standards),

5.

Certification required by Section 18.75.220 A (floodway encroachments),

6.

Reports required by Section 18.75.240 C (mudflow standards).

E.

Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 18.75.250 through 18.75.270 of this chapter.

F.

Remedial Action. Take action to remedy violations of this chapter as specified in Section 18.75.080.

G.

Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that permit applicants submit technical or scientific data to FEMA for a letter of map revision (LOMR). Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

H.

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

1.

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

2.

Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.

3.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

4.

Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

(Ord. 1318 § 1, 2001; Ord. No. 1693, § 4, 5-14-24)

18.75.160 - Appeals. ¶

The City Council of the City of Rialto shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.

(Ord. 1318 § 1, 2001)

18.75.170 - Standards of construction. ¶

In all areas of special flood hazards the following standards are required:

A.

Anchoring

All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2.

All manufactured homes shall meet the anchoring standards of Section 18.75.200.

B.

Construction materials and methods. All new construction and substantial improvement shall be constructed

1.

With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

2.

Using methods and practices that minimize flood damage;

3.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities

that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if

4.

Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C.

Elevation and flood proofing. (See Section 18.75.050 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement".)

1.

Residential construction, new or substantial improvement, shall have the lowest floor, including basement,

a.

In an AO zone, elevated above the highest adjacent grade at least one foot higher than the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified. (The state of California recommends that in AO zones without velocity the lowest floor be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth

number is specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified.)

b.

In an A zone, elevated one foot above the base flood elevation; said base flood elevation shall be determined by one of the methods in Section 18.75.150(B) of this chapter. (The state of California recommends the lowest floor be elevated at least two feet above the base flood elevation, as determined by the community)

c.

In all other zones, elevated one foot above the base flood elevation. (The state of California recommends the lowest floor be elevated at least two feet above the base flood elevation.)

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

2.

Nonresidential construction, new or substantial improvement, shall either be elevated to conform with Section 18.75.170(C)(1) or together with attendant utility and sanitary facilities

a.

Be flood proofed below the elevation required under Section 18.75.170(C)(1) so that the structure is watertight with walls substantially impermeable to the passage of water;

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

c.

Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the floodplain administrator.

3.

All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1 and TB 7, and must exceed the following minimum criteria:

a.

Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or

b.

Be certified by a registered professional engineer or architect.

4.

Manufactured homes shall also meet the standards in Section 18.75.200.

(Ord. 1318 § 1, 2001; Ord. No. 1693, § 5, 5-14-24)

18.75.180. - Standards for utilities. ¶

A.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

1.

Infiltration of flood waters into the systems, and

2.

Discharge from the systems into flood waters.

B.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

(Ord. 1318 § 1, 2001)

18.75.190 - Standards for subdivisions. ¶

A.

All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

B.

All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

All subdivision proposals shall be consistent with the need to minimize flood damage.

D.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

E.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

(Ord. 1318 § 1, 2001)

18.75.200 - Standards for manufactured homes. ¶

A.

All manufactured homes that are placed or substantially improved, within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, on sites located

1.

Outside of a manufactured home park or subdivision,

2.

In a new manufactured home park or subdivision,

3.

In an expansion to an existing manufactured home park or subdivision, or

4.

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation (the state of California recommends at least two feet above the base flood elevation) and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B.

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the community's flood insurance rate map that are not subject to the provisions of subsection (A) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1.

Lowest floor of the manufactured home is one foot above the base flood elevation (the State of California recommends at least two feet above the base flood elevation), or

2.

Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building-inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

(Ord. 1318 § 1, 2001; Ord. No. 1693, § 6, 5-14-24)

18.75.210 - Standards for recreational vehicles. ¶

A.

All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map will either:

1.

Be on the site for fewer than one hundred eighty consecutive days, and be fully licensed and ready for highway use- recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or

2.

A.

The Floodplain Administrator shall require permits for proposed construction and other development within all flood-related erosion-prone areas as known to the community.

B.

Permit applications shall be reviewed to determine whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.

C.

If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.

D.

Within Zone E on the Flood Insurance Rate Map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated useful life of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only.

(Ord. 1318 § 1, 2001)

18.75.250 - Nature of variances. ¶

The variance criteria set forth in this section are based on the general principle of zoning laws that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level is so serious that variances from the flood elevation or from other requirements in this chapter are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(Ord. 1318 § 1, 2001)

18.75.260 - Appeal board. ¶

A.

In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the

1.

Danger that materials may be swept onto other lands to the injury of others;

2.

Danger of life and property due to flooding or erosion damage;

3.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

4.

Importance of the services provided by the proposed facility to the community;

5.

Necessity to the facility of a waterfront location, where applicable;

6.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7.

Compatibility of the proposed use with existing and anticipated development;

8.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

Safety of access to the property in time of flood for ordinary and emergency vehicles;

10.

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

B.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that

1.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

2.

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the San Bernardino County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

C.

The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

(Ord. 1318 § 1, 2001)

18.75.270 - Conditions for variances. ¶

A.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 18.75.130 through 18.75.240 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

B.

Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 18.75.050 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

D.

Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of this chapter.

E.

Variances shall only be issued upon a

1.

Showing of good and sufficient cause;

2.

Determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 18.75.050 of this chapter) to the applicant; and

3.

Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 18.75.050—see "Public safety and nuisance"), cause fraud or victimization (as defined in Section 18.75.050) of the public, or conflict with existing local laws or ordinances.

F.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 18.75.270, A through E, are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

Upon consideration of the factors of Section 18.75.260 A and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(Ord. 1318 § 1, 2001)

Chapter 18.76 - SURFACE MINING AND LAND RECLAMATION[[9]]

Sections:

Footnotes:

--- ( 9 ) ---

Prior ordinance history: Ords. 738, 1045 and 1234.

18.76.010 - Purpose and intent. ¶

The city of Rialto recognizes that the extraction of minerals is essential to the continued economic wellbeing of the city and to the needs of society and that the reclamation of mined land is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The city also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly.

It is the purpose and intent of the city to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA," Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice (California Code of Regulations (CCR), Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et. seq.), to ensure that:

A.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

B.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

C.

Residual hazards to the public health and safety are eliminated.

(Ord. 1285 § 1 (part), 1999)

18.76.020 - Definitions.

A.

"Area of regional significance" means an area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future need for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

B.

"Area of state-wide significance" means an area designated by the board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

C.

"Borrow pits" means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

D.

Compatible land uses" mean land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, grazing and open space.

E.

"Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical, or other techniques, including, but not limited to sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of mineral present.

F.

"Hazardous excavation" means an unattended pit, shaft, portal or other surface opening which is not secured by covering, fencing, or having access restricted by gates, doors, or other reasonable means presents a threat to the physical safety of the public.

G.

"Haul road" means a road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.

H.

"Idle" means any surface mining operations curtailed for a period of one year or more, or by more than ninety percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

I.

"Incompatible land uses" means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial.

J.

"Lead agency" means a city or county which has the principal responsibility for approving a surface mining operation pursuant to the California Public Resources Code.

K.

"Mined lands" means the surface, subsurface and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

L.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

M.

"Mining waste" includes the residual of soil, rock, mineral, liquid, vegetation, equipment. machines, tools or other materials or property directly resulting from, or displaced by, surface mining operations.

N.

"Operator" means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation.

O.

"Overburden" means soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.

P.

"Person" means any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof.

Q.

"Reclamation" means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

R.

"State geologist" means the individual holding office as provided in the California Public Resources Code, Section 677, Article 3, Chapter 2, Division 1.

S.

"Stream bed skimming" means the excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

T.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, inplace distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same).

(Ord. 1285 § 1 (part), 1999)

18.76.030 - Incorporation by reference. ¶

The provisions of SMARA (PRC Section 2710 et.seq.), PRC Section 2207, and state regulations CCR Section 3500 et.seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

(Ord. 1285 § 1 (part), 1999)

18.76.040 - Scope. ¶

Except as provided in this chapter, no person shall conduct surface mining operations unless a permit, reclamation plan, and financial assurances for reclamation have first been approved by the city. Any applicable exemption from this requirement does not automatically exempt a project or activity from the

application of other regulations, ordinances or policies of the city, including but not limited to, the application of CEQA, the requirement of site approvals or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this chapter shall apply to all lands within the city, public and private.

This chapter shall not apply to the following activities, subject to the above referenced exceptions:

A.

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.

B.

On-site excavation and on-site earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all the following conditions:

1.

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including but not limited to, the California Environmental Quality Act ("CEQA," Public Resources Code, Division 13, Section 21000 et seq.).

2.

The city approval of the construction project included consideration of the on-site excavation and on-site earthmoving activities pursuant to CEQA.

3.

The approved construction project is consistent with the general plan or zoning of the site.

4.

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

C.

Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials, including the on-site stockpiling and on-site recovery of mined materials, subject to all of the following conditions:

The plant site is located on lands designated for industrial or commercial uses in the city's general plan.

2.

The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the city of Rialto.

3.

None of the minerals being processed are being extracted on-site.

4.

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on-site after January 1, 1976.

D.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand cubic yards in any one location of one acre or less.

E.

Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

F.

Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involves only minor surface disturbances.

G.

The solar evaporation of sea water or bay water for the production of salt and related minerals.

H.

Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

I.

Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with board regulations and upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the department of forestry and fire protection. This exemption does not apply to on-site excavation or grading that occurs within one hundred feet of a Class One watercourse

or seventy-five feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes.

(Ord. 1285 § 1 (part), 1999)

18.76.050 - Vested rights. ¶

No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, he shall obtain city approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan shall call for reclamation proportional to the disturbance caused by the mining after the effective date of the Act (January 1, 1976). All other requirements of state law and this chapter shall apply to vested mining operations.

(Ord. 1285 § 1 (part), 1999)

18.76.060 - Process. ¶

A.

Applications for a site approval or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the planning division. Said application shall be filed in accord with this chapter and procedures to be established by the director of development services. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Section 2772-2773) and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the director of development services.

B.

As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for site approvals for surface mining operations. For surface mining operations that are exempt from a site approval pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the city at one time.

C.

Applications shall include required environmental review forms and information prescribed by the director of development services.

D.

Upon completion of the environmental review procedure and filing of all documents required by Chapter 18.66 (Conditional Development Permits) and provisions of this chapter, a public hearing will be scheduled for planning commission consideration of the reclamation plan and/or conditional development permit for

the proposed or existing surface mining operation pursuant to Section 18.64.040 (Public hearings) of the municipal code and pursuant to Section 2774 of the Public Resources Code,

E.

Within thirty days of acceptance of an application for a site approval for surface mining operations and/or a reclamation plan as complete, the planning division shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the one-hundred-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning division shall also notify the State Department of Transportation that the application has been received.

F.

The planning division shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the city's environmental review guidelines.

G.

Subsequent to the appropriate environmental review, the planning division shall prepare a staff report with recommendations for consideration by the planning commission.

H.

The planning commission shall hold at least one noticed public hearing on the site approval and/or reclamation plan.

I.

Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the planning commission shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The planning commission may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a site approval is being processed concurrently the reclamation plan, the planning commission may simultaneously also conceptually approve the site approval. However, the planning commission may defer action or the site approval until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the site approval with the condition that the planning division shall not issue the site approval for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

Pursuant to Public Resources Code Section 2774(d), the State Department of Conservation shall be given thirty days to review and comment on the reclamation plan and forty-five days to review and comment on the financial assurance. The planning commission shall evaluate written comments received, if any, from

the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission's approval. In particular, when the planning commission's position is at variance with the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the planning commission shall be promptly forwarded to the operator/applicant.

J.

The planning commission shall then take action to approve, conditionally approve, or deny the site approval and/or reclamation plan, and to approve the financial assurances pursuant to Public Resources Code Section 2770 (d).

K.

The planning division shall forward a copy of each approved site approval for mining operations and/or approved reclamation plan and a copy of the approved financial assurances to the State Department of Conservation. By July 1st of each year, the planning division shall submit to the State Department of Conservation for each active or idle mining operation a copy of the site approval or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

(Ord. 1285 § 1 (part), 1999)

18.76.070 - Standards for reclamation. ¶

A.

All reclamation plans shall comply with the provisions of the SMARA (Section 2772 and Section 2773) and state regulations (CCR Section 3500-3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (CCR Section 3700-3713).

B.

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

C.

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal or fill as approved by the city. Each phase of reclamation shall be specifically described in the reclamation plan and shall include: (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c) criteria for measuring completion of specific reclamation activities; and (d) estimated costs for completion of each phase of reclamation.

(Ord. 1285 § 1 (part), 1999)

18.76.080 - Statement of responsibility. ¶

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the planning division in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the planning division for placement in the permanent record.

(Ord. 1285 § 1 (part), 1999)

18.76.090 - Findings for approval. ¶

A.

Site Approvals. In addition to any findings required by the city of Rialto Municipal Code, site approvals for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

B.

Reclamation Plans. For reclamation plans, the following findings shall be required:

1.

That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions;

2.

That the reclamation plan complies with applicable requirements of state regulations (CCR Section 35003505, and Section 3700-3713);

3.

That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the city's general plan and any applicable resource plan or element;

4.

That the reclamation plan has been reviewed pursuant to CEQA and the city's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible;

5.

That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with and blends in with the surrounding natural environment, topography and other resources, or that suitable off-site development will compensate for related disturbance to resource values;

6.

That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan; and

7.

That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the city's position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

(Ord. 1285 § 1 (part), 1999)

18.76.100 - Financial assurances. ¶

A.

To ensure that reclamation will proceed in accordance with the approved reclamation plan, the city shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution or other method acceptable to the city and the State Mining and Geology Board as specified in state regulations, and which the city reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the city of Rialto and the State Department of Conservation.

B.

Financial assurances will be required to ensure compliance with elements of the reclamation plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials and other measures, if necessary.

C.

Cost estimates for the financial assurance shall be submitted to the planning division for review and approval prior to the operator securing financial assurances. The director of development services shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within forty-five days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the city has reason to determine that additional costs may be incurred. The director of development services shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA and state regulations.

D.

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by

surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the director of development services. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent shall be added to the cost of financial assurances.

E.

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the city or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

F.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

G.

The amount of financial assurances required for a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

H.

Revisions to financial assurances shall be submitted to the director of development services each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain in writing why revisions are not required.

(Ord. 1285 § 1 (part), 1999)

18.76.110 - Interim management plans.

A.

Within ninety days of a surface mining operation becoming idle, the operator shall submit to the planning division a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all site approval conditions and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the planning division and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.

B.

Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.

C.

Upon receipt of a complete proposed IMP, the planning division shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least thirty days prior to approval by the planning commission.

D.

Within sixty days of receipt of the proposed IMP, or a longer period mutually agreed upon by the director of development services and the operator, the planning commission shall review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the director of development services to submit a revised IMP. The planning commission shall approve or deny the revised IMP within sixty days of receipt. If the planning commission denies the revised IMP, the operator may appeal that action to the city council.

E.

The IMP may remain in effect for a period not to exceed five years, at which time the planning commission may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

(Ord. 1285 § 1 (part), 1999)

18.76.120 - Annual report requirements. ¶

B.

The order of the planning commission in granting or denying approval to conduct surface mining operations becomes final and effective, unless an appeal in writing is filed within fifteen days after the rendering of its decision, unless an appeal is filed as provided in Chapter 18.68 of this title.

C.

If an appeal is filed as provided in Chapter 18.68 of this title, the action of the city council is final after notice of the decision is mailed by first class mail to the interested person or persons. Any person seeking review of a decision of the city council must seek judicial review in accordance with Section 1094.6(b) of the California Code of Civil Procedure.

(Ord. 1285 § 1 (part), 1999)

18.76.160 - Fees. ¶

The city shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the city at the time of filing of the site approval application, reclamation plan application, and at such other times as are determined by the city to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator.

(Ord. 1285 § 1 (part), 1999)

18.76.170 - Mineral resource protection. ¶

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the city's general plan.

In accordance with PRC Section 2762, the city's general plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within twelve months of receipt from the State Mining and Geology Board of such information. Land use decision within the city will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation of property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts.

(Ord. 1285 § 1 (part), 1999)

18.76.180 - Severability. ¶

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

(Ord. 1285 § 1 (part), 1999)

Chapter 18.78 - SPECIFIC PLANS

Sections:

18.78.010 - Authority for specific plans. ¶

Pursuant to Article 8 of the California Government Code, the city council is authorized to prepare, adopt and implement specific plans for areas within the incorporated city and unincorporated sphere of influence.

(Ord. 1234 (part), 1995: Ord. 855 (part), 1982)

18.78.020 - Purpose and intent. ¶

The intent and purpose of this chapter is to establish uniform procedures for the adoption and implementation of specific plans within the city and the unincorporated sphere of influence.

(Ord. 855 (part), 1982)

18.78.030 - Applicability. ¶

A.

The provisions of this chapter shall apply to all parcels of land delineated within a specific plan area as adopted pursuant to Section 18.78.060. No building or grading permit, conditional development permit, variance, tentative map or any other entitlement shall be granted for any parcel within an adopted specific plan area which would be inconsistent with the goals and policies of said specific plan.

B.

The provisions of this chapter shall not apply to the following:

1.

Any valid tentative map, conditional development permit or any other entitlement approved or in effect prior to the effective date of city council adoption of a specific plan.

(Ord. 855 (part), 1982)

18.78.040 - Definitions. ¶

For the purpose of this chapter, the following specific words and terms shall have the following meanings. Other words and terms not specifically defined shall be defined in accordance with the city zoning ordinance.

A.

"Residential density" means the average number of residential dwelling units per net acre of land.

Applications for city review of any specific plan proposed by an individual or group of individuals shall be filed, together with the required documents as stated in Section 18.78.050, with the city. Prior to the preparation of any specific plan, the applicant(s) shall discuss the proposed plan with the director of development services or his/her designee so that the necessary subsequent steps may be undertaken with a clear understanding of the city's requirements.

C.

City proposed specific plans shall be initiated by the city planning commission and authorized by resolution of the city council.

D.

All specific plans shall be subject to the requirements of the California Environmental Quality Act (CEQA) of 1970 and City Environmental Guidelines. In cases in which a master environmental impact report has been prepared for a specific plan, subsequent projects proposed in accordance with the adopted specific plan and within the scope of development anticipated at the time of certification of the master environmental impact report, and if permitted under state law, shall not require additional environmental review.

E.

The planning commission and city council shall hold a public hearing on the proposed adoption or amendment of a specific plan. Any hearing may be continued from time to time as deemed appropriate and

necessary by the planning commission and city council.

F.

The planning commission shall review all proposed specific plans or any amendment to an adopted specific plan. Upon the close of the required public hearing, the commission shall act by resolution to adopt, reject or modify the proposed specific plan and forward its recommendation and findings to the city council for action.

G.

The city council shall review the planning commission's findings and recommendations. Upon the close of the required public hearing, the city council shall act by resolution or ordinance to adopt, reject or modify said proposed specific plan or proposed amendment. The proposed specific plan shall be adopted by ordinance when the plan amends a development code, zoning ordinance or other municipal code and when specific regulatory measures are included. The specific plan shall be adopted by resolution when the plan is a policy document and it contains no specific implementation or regulatory measures.

H.

If the city council changes or modifies a proposed specific plan recommended by the planning commission, the change and/or modifications must first be referred back to the commission for consideration, pursuant to the provisions of Government Code Section 65504.

I.

Prior to approving or conditionally approving any specific plan or amendment thereto, the following findings shall be made by the planning commission and city council that the specific plan:

1.

Is consistent with the goal and policies of the general plan and with its purposes, standards and land use guidelines;

2.

Will help to achieve a balanced community of all races, age groups, income levels and ways of life;

3.

Results in development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood;

4.

Contributes to a balance of land uses that will enable local residents to work and shop in the community in which they live;

5.

Respects the environmental and aesthetic assets of the community consistent with economic realities; and

6.

Incorporates, where feasible, active and passive energy conservation measures.

J.

When a specific plan is adopted by resolution, the plan shall become effective immediately upon adoption. When adopted by ordinance, the specific plan shall be effective thirty days after final adoption by the city council.

(Ord. 1234 (part), 1995: Ord. 855 (part), 1982)

18.78.070 - Conformity of specific plans to general plan, zoning, street improvements, open space and landscaping.

A.

All specific plans shall be in conformance with the various elements, goals, objectives and policies of the city general plan.

B.

Where necessary, zoning shall be brought into conformance with the specific plan land uses within a reasonable time after adoption of the plan.

C.

No street shall be improved and no sewers or connections or any other improvements shall be made or authorized in any street within any area for which there is an adopted specific street or highway plan until the matter has been referred to the community development director or planning commission, as applicable, for report as to conformity with such specific plan.

D.

No street shall be improved, no sewers or connections or other improvements shall be made or public building or works including school buildings constructed within any territory for which the city council has adopted a specific plan regulating the development of the use of open space land and landscaping until the finding has been made that the open space land and landscaping are in substantial compliance with the adopted specific plan. Said determination shall be rendered by the community development director or planning commission, as applicable.

(Ord. 855 (part), 1982)

(Ord. No. 1645, § 3, 7-14-20)

18.78.080 - Zoning on property annexed to the city within a specific plan area.

Property annexed to the city within a specific plan area shall be automatically zoned in conformance with the specific plan effective upon the effective date of said annexation.

(Ord. 855 (part), 1982)

18.78.090 - Implementation. ¶

No development shall occur or building permits issued within an adopted specific plan area until the proposed development is reviewed by the community development director or planning commission, as applicable for the particular use or building, and found to be consistent with the specific plan for the area. Criteria for review and approval of proposed development shall include, but not be limited to the following:

A.

Conformance with the land use designation;

B.

Conformance with specific development standards, goals and policies of the specific plan;

C.

Conformance with the intended density of the zone of the site.

(Ord. 855 (part), 1982)

(Ord. No. 1645, § 3, 7-14-20)

18.78.100 - Financing of specific plans. ¶

The city council may establish as a part of the resolution authorizing the planning division's acceptance and processing of a specific plan, a fee or fees to be applied to a specific plan area in order to reimburse the city for the costs of preparation, processing or implementation of said specific plan. If a specific plan is initiated and prepared by the city, actual costs of said preparation and processing of the plan shall be assessed based on relative benefits to the affected property owners. In the case of a city initiated and prepared specific plan, the resolution containing the necessary findings for council's adoption of said plan shall also contain the city costs related to said preparation and prorated fees charged to affected property owners which shall be assessed at the time of building permits.

(Ord. 1234 (part), 1995: Ord. 855 (part), 1982)

18.78.110 - Appeals to specific plans. ¶

A.

Appeals to decisions rendered by the planning division pursuant to the provisions of this chapter shall be made in writing to the planning commission. Any appeal shall be filed with the director of development services within fifteen days after notification of the decision. Within thirty days after receipt of the appeal, the director of development services shall set the matter for hearing by the planning commission and give notice of the date, time and place thereof to the appellant and to any other party at interest who has

requested in writing to be so notified, and no other notice thereof need be given. The planning commission shall review the plan, permit application or matter under consideration and shall approve, conditionally approve, or disapprove the appeal, based on findings of conformance with the goals and policies of the specific plan and general plan. The decisions of the planning commission shall become final unless appealed to the city council within fifteen days of the decision.

B.

The applicant or any interested person may appeal the decision of the planning commission subject to the provisions of Chapter 18.68. The city council shall review the matter under consideration and shall approve, conditionally approve, or disapprove the appeal, based on findings of conformance with the goals and policies of the specific plan and general plan. The decision of the city council shall be final. Any administrative writ, mandamus or otherwise, must be filed within ninety days of the date of the mailing of the decision of the city council to the applicant or other interested person.

(Ord. 1234 (part), 1995: Ord. 1169 § 1 (part), 1992: Ord. 855 (part), 1982)

18.78.120 - Other laws, orders and ordinances. ¶

Nothing in this chapter shall be deemed to affect, annul or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this chapter which are not inconsistent with the provisions of this chapter, nor shall it be deemed to conflict with any state laws, orders or requirements affecting such properties or areas.

(Ord. 855 (part), 1982)

18.78.130 - Severability. ¶

If any section, subsection, sentence, clause, phrase, word or portion of this chapter are for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and an independent provision and such division shall not affect the validity of the remaining portions thereof. The city council hereby declares that they would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase and word thereof, irrespective of the fact that any one of the sections, subsections, sentences, clauses, phrases or words hereof be declared invalid or unconstitutional.

(Ord. 855 (part), 1982)

Chapter 18.79 - DEVELOPMENT AGREEMENTS

Sections:

18.79.010 - Findings, intent and purpose. ¶

The city council of the city finds and declares that:

Lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of the development to the consumer, and discourage investment in and commitment to comprehensive planning necessary for the maximum utilization of resources at the least cost to the city.

B.

A development agreement shall be approved by ordinance of the city council, and shall not be approved unless the city council finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan. Unless otherwise provided by the development agreement, the ordinances, rules, plans and policies of the city which govern permitted uses of land, and density of development, and the design, improvement and construction standards and specifications, applicable to development of the property subject to the development agreement, shall be those ordinances, rules, plans and policies in force at the time of execution of the agreement. A development agreement shall not prevent the city from taking subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies to the property are set forth in the agreement, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies.

(Ord. 1121 (part), 1990)

18.79.060 - Amendment—Cancellation. ¶

A.

Development agreements shall be used only after careful consideration of the planning commission and city council, since they can limit the authority of future city councils to react to changed conditions.

B.

A development agreement may be amended or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by the Section 65867 of the California Government Code. An amendment to a development agreement shall be made by ordinance of the city council, and shall not be approved unless the city council finds that the provisions of the amended agreement are consistent with the general plans and applicable specific plans in effect at the time of proposed amendment.

C.

In the event that state or federal laws or regulations, enacted after the development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

(Ord. 1121 (part), 1990)

18.79.070 - Periodic review. ¶

The city council shall periodically review the development agreement and activity conducted pursuant thereto to determine if the applicant or successor in interest has complied with the terms of the agreement. This review shall be conducted at least once every twelve months from the date on which the agreement is executed. At the time of such review, the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue shall be on the applicant or successor in interest. If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the city council may terminate or modify the agreement subject to the provisions of Section 18.79.060.

(Ord. 1121 (part), 1990)

18.79.080 - Recordation. ¶

Within ten days after the effective date of a development agreement, or any modification or cancellation thereof, the city clerk shall record a copy of the agreement, or any modification or cancellation thereof, in the office of the county recorder for the county of San Bernardino. From and after the time of such recordation, the agreement shall impact such notice thereof to all persons as is afforded by the recording laws of the state of California. The burdens of the agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(Ord. 1121 (part), 1990)

18.79.090 - Validity clause. ¶

The city council declares that, should any section, paragraph, sentence or word of the ordinance codified in this chapter be declared for any reason to be held invalid, it is the intent of the city council that it would have passed and adopted all other portions of the ordinance codified in this chapter independent of the elimination therefrom of any such portion as may be declared invalid.

(Ord. 1121 (part), 1990)

Chapter 18.80 - PLANNED RESIDENTIAL DEVELOPMENT-ATTACHED (PRD-A) DISTRICT

Sections:

18.80.010 - Implementation.

There is implemented the PRD-A, planning residential development-attached district. Whenever placed on the land use zoning map, "PRD-A" shall be indicated as the district designation of the area over which it is placed, and the provisions of said "PRD-A" district shall apply.

(Ord. 798 (part), 1980)

18.80.020 - Findings, intent and purpose. ¶

A.

The city council finds that attached planned residential developments are different in several respects from conventional high density residential developments and therefore require different regulations.

B.

The intent of this chapter is to develop standards, procedures and guidelines to provide a more flexible method whereby sufficiently large and properly located land areas can be developed, employing more innovative and imaginative land planning concepts than would be possible through the strict application of the R-3, R-4 and/or A-P zoning subdivision regulations.

C.

The purpose of the ordinance codified in this chapter is to provide for the general control of design of attached planned residential development, including but not limited to condominiums, community apartment projects, and cluster housing, in relation to adjoining areas in accordance with the basic purpose of the State Subdivision Map Act.

(Ord. 798 (part), 1980)

18.80.030 - Definitions. ¶

For the purpose of this chapter, the following definitions shall apply:

A.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential building situated on real property. A condominium may include, in addition, a separate interest in other portions of such real property.

B.

"Condominium project" means the entire parcel of real property divided or to be divided into condominiums, including all structures thereon.

C.

"Planned development" means a structure or structures proposed for construction, deviating from the requirements of the particular zone in which it is proposed to be located, and consisting of:

1.

Individual family living units under individual ownerships developed as a condominium, row houses, community apartments or as cluster housing;

2.

A project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated apartment thereon, such as a community apartment project; or

3.

Other comparable facilities.

D.

"Community housing project" means a project in which an undivided interest in the land and common areas coupled with the right to the exclusive ownership of a designated apartment therein.

E.

"Cluster housing project" means a grouping of lots of no specific area requirements but combined with common areas to compute the density requirements of the PRD-A zone. Residential structures on such lots need not cover the entire lots, and may have common walls, but shall not exceed three stories, or thirty-five feet whichever is less.

F.

"Unit" means the element of a condominium project which is not owned in common with the owners of other condominiums in the project.

G.

"Common areas" means the entire condominium project excepting all units therein granted or reserved to individual ownership.

H.

"Conditions, covenants, and restrictions" means conditions, covenants and restrictions of any condominium or planned development.

I.

"Cooperative apartment" means an improved real property owned or leased by a cooperative housing corporation or by any other corporation, partnership, trust, or association, if all or substantially all of the shareholders of such corporation, or partners of such partnership, or beneficiaries of such trust, or members of such association, receive a right of exclusive occupancy in a portion of the apartment house, which right of occupancy is transferable only concurrently with the transfer of the stock, partnership interest, beneficial interest, or membership held by the person having such right of occupancy. For all

purposes of the Rialto Municipal Code, a cooperative apartment will be subject to the same restrictions and conditions as condominiums and community apartments.

J.

"Association" means the organization of persons who own a lot, parcel, area, airspace, or right of exclusive occupancy in a unit of a condominium, cluster project or other planned residential development and have interest in the control of common areas of such projects.

K.

"Townhouse" means an arrangement of single-family dwellings, joined by common walls on not more than two sides, with the uppermost story being a portion of the same dwelling located directly beneath at the grade of first floor level, and having exclusive individual ownership and occupancy rights of each dwelling unit, including, but not limited to the land area directly beneath such dwelling.

L.

"Open space" means the land areas which are not occupied by buildings, structures, streets or alleys, excepting, however, approved landscaped features and active recreational facilities when developed in accordance with the provisions of this chapter.

1.

"Usable open space" means the land areas meeting the qualifications and definitions of either usable common open space or usable private open space.

2.

"Usable common open space" means the open space which is suitably located and improved for common recreational purposes, active or passive, and accessible to each lot or dwelling within a development through a system of public or private walkways.

3.

"Usable private open space" means the open space which is designed and maintained for the sole and exclusive use of the occupants of not more than one dwelling and may include covered patio areas.

4.

"Active recreational area" means the usable common open space which is developed with active facilities, such as swimming pools, tennis courts, recreational buildings, a clubhouse, or similar facilities.

(Ord. 798 (part), 1980)

18.80.040 - Specific objectives. ¶

The specific objectives of the planned residential development-attached ordinance are as follows:

A.

To encourage a more desirable living environment than would be possible through a strict application of the zoning code;

B.

To encourage a more efficient, aesthetic, and desirable use of the land;

C.

To encourage the reservation of a greater proportion of open spaces for visual and recreational uses;

D.

To encourage variety in the physical development pattern of the community;

E.

To ensure architectural unity and harmony within the development and with surrounding residential developments.

(Ord. 798 (part), 1980)

18.80.050 - Permitted uses. ¶

Condominiums, community apartments, row houses, townhouses, cluster projects, supportive housing, transitional housing, or other similar planned residential developments are permitted in the planned residential development-attached (PRD-A) zone, subject to the approval of tentative or final tract or parcel map, as may be required by law. This requirement is in addition to other review and approval procedures required under Section 18.80.060 of this chapter.

(Ord. 798 (part), 1980)

(Ord. No. 1642, § 7, 7-14-20)

18.80.060 - Review and approval process.

The following procedures shall be completed prior to the issuance of building permits:

A.

Preliminary Review. Prior to the filing of an application pursuant to this section, the developer or subdivider or his/her authorized representative shall meet in person with the city planning director or his/her designated representative to discuss the proposed project so that the necessary sequential processing steps may be undertaken with a clear understanding of the city's attitude and requirements.

B.

Application for Change of Zone. After the preliminary review and environmental assessment review, the applicant may file a request for a change of zone to a PRD-A zoning district pursuant to Chapter 18.48 of this code.

1.

All applications for a change of zone to a PRD-A district shall include the proposed development plan for the use of the property. Said plan shall be prepared in sufficient detail including any proposed buildings to properly advise the planning commission of the proposed development layout.

2.

Upon receipt of an application and development plan, the planning commission shall review the proposed development and forward its recommendation to the city council.

3.

Approval of the development plan shall not be granted for a period exceeding two calendar years.

4.

If the specified development has been completed in accordance with the approved plan within the time specified, the city will initiate the proceedings to place the property into a permanent PRD-A district.

C.

Applicability of Subdivision Map Act. If the application involves a subdivision or parcel map, approval of said map is required pursuant to Title 17 of this code.

D.

Approval of the precise plan of design by the community development director or planning commission, as applicable, under this subsection shall be subject to the procedures and requirements set forth in Chapter 18.65.

(Ord. 1234 (part), 1995: Ord. 798 (part), 1980)

(Ord. No. 1645, § 3, 7-14-20)

18.80.070 - Development standards. ¶

The development standards contained in this section shall apply to all attached planned residential developments.

A.

Site Area. The minimum net site area when developed pursuant to this chapter shall be one acre, except those sites with lesser area may be permitted when contiguous to an existing planned development and it constitutes a logical extension in arrangement of building facilities and open space.

B.

Density. Residential density shall not exceed twelve dwelling units per net acre, except as provided in subsection C of this section. "Net acre" means that number of acres which includes the total project area, excluding areas utilized for public streets, or other public rights-of-way.

C.

Density Bonus. The planning commission may approve, at the time of consideration for a change of zone to a PRD-A district, a "density bonus" which is an increase in the maximum number of dwelling units per net acre allowed under subsection B of this section. Density bonuses may be approved for a planned residential project only when all of the criteria are met under the following categories:

1.

Elevation Details. The maximum density bonuses granted under this category shall not exceed two units to the net acre and may be granted when:

a.

The project elevations reflect sensitivity to the impact of buildings on surrounding properties;

b.

The project contains varied building elevations exhibiting excellence of design and materials utilized which complement each other;

c.

The project incorporates security and safety techniques above the minimum required by city ordinances.

2.

Passive Solar Design. The maximum density bonus granted under this category shall not exceed four units to the net acre and may be granted when:

a.

Two unit bonus per net acre for passive solar design of units so that average energy savings for the units is at least thirty-five percent of the allowed energy consumption per Title 24 State of California Energy Calculations.

b.

In addition to that in subsection C 2 above, two unit bonus per net acre for passive solar design of units so that average energy savings for the units is at least fifty percent of the allowed energy consumption per Title 24 State of California Energy Calculations.

c.

Minimum Floor Area. Each dwelling unit within a planned residential development shall have the following minimum floor area:

minimum foor area:
Unit Type	Minimum Floor Area (Sq. Ft.)
Bachelor and single	650
One bedroom	750
---	---
Two bedroom	900
Three bedroom	1100
Four bedroom	1300

d.

Site Coverage. Buildings and structures, which shall not include patios open on three or more sides, shall not occupy more than thirty-five percent of the gross area of the PRD-A district.

e.

Building Height. A building, structure or portion thereof, shall not exceed three stories or thirty-five feet, whichever is less. When the subject property is contiguous to any single-family residential zone, the building height shall be limited to sixteen feet or one story within twenty-five feet of property lines abutting said zone.

f.

Distance Between Units. No two separate buildings, structures or portions of buildings shall be located nearer to one another than twenty feet or one-half the sum of the height of both buildings, or portions thereof, whichever is greater, except where the following condition exists:

i.

If the dwelling units of two main buildings, structures or portions thereof are located on the site so as to have their primary orientation upon each other, they shall not be nearer to one another than thirty-five feet.

The city may require a greater setback as part of the precise plan of design due to the size, width, or length of a building and its relationship to the street or intersection of two streets. In addition, a greater setback may be required to ensure compatibility with contiguous land uses.

(B)

For buildings greater than one story in height, the second story floor and above shall be set back a minimum of forty feet from the property line.

(C)

s.

Antennas. A central television antenna or a connection to a cable television system shall be provided and shall be connected to each dwelling unit by underground wiring.

t.

Landscaping.

All setback areas fronting on or visible from a public street, and all recreation, leisure and common open space areas shall be landscaped and permanently maintained in an attractive manner. Such landscaping shall primarily consist of turf, lawn, ferns, trees, shrubs or other living plants.

ii.

Permanent one hundred percent automatic irrigation facilities shall be provided in all landscaped areas.

iii.

The developer, or his/her authorized agent shall notify the director of development services when the final landscaping installation is ready for inspection. Final city approval shall not be given until all work, including installation of all plant material and irrigation system has been completed in accordance with the approved landscaped plan.

u.

Lighting. A detailed lighting plan including specifications and design standards shall be submitted as part of the precise plan of design application. Such lighting shall be directed on the driveways and walkways and away from adjacent property. Walkway lighting shall be a low level fixture, spaced to provide adequate walkway illumination, be vandalproof and shall not intrude into the residential dwelling units.

v.

Open Space. A minimum of forty percent of the total project area shall be maintained as open space. For the purpose of this chapter, "open space" is defined as those areas within the project area that are utilized for private and common open space and areas used to satisfy main recreational area requirements. Open space areas shall not include: public or private streets, alleys, driveways, parking spaces, parkways and recreational storage areas.

i.

Private Open Space. "Private open space" is defined as those areas within the development that are designed and intended to be used exclusively by the individual homeowner. Private open space shall include: patios, balconies, fenced private yards and other private areas.

ii.

Common Open Space. "Common open space" is defined as those areas designated for the use and enjoyment by all residents and developed for recreational or leisure time activities. These common areas include: game courts, swimming pools, garden grounds, landscaped areas, sauna baths, tennis courts, putting greens, play lots, lawn bowling and similar facilities.

iii.

Main Recreation Area. A minimum of forty percent of the required open space shall be designated as a main recreational area or areas for the use and enjoyment by all residents and developed and maintained for recreational or leisure time activities. Such main recreational area or areas shall provide clubhouse facilities. This facility shall be of sufficient size to accommodate meetings held by the membership of the

homeowners' association. In addition, a minimum of one of the following facilities shall be provided in the main recreation area: swimming pool, tennis court, basketball court, putting green, playground equipment, volleyball court or similar recreational facilities.

(A)

Main recreational areas shall not be located within fifteen feet of any dwelling unit and further provided, such recreational area or areas shall not contain a slope of more than eight percent.

(Ord. 1234 (part), 1995: Ord. 798 (part), 1980)

(Ord. No. 1645, § 3, 7-14-20)

18.80.080 - Common areas. ¶

A development shall be approved subject to submission of a legal instrument setting forth a plan of manner of permanent care and maintenance of open spaces, recreational areas and communal facilities. No such instrument shall be acceptable until approved by the director of development services as to suitability for the proposed use of the open areas and the city attorney as to legal form and effect.

If the common open areas are to be conveyed to the homeowners' association, the developer shall file a declaration of covenants to be submitted with the application for approval, that will govern the association. The provisions shall include, but not be limited to the following:

A.

The homeowners' association shall be established prior to the sale of the last dwelling units;

B.

Membership shall be mandatory for each buyer and any successive buyer;

C.

The open space restrictions shall be permanent;

D.

Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project;

E.

If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed and embody one homeowners' association with common areas for the total development.

(Ord. 1234 (part), 1995: Ord. 798 (part), 1980)

18.80.090 - Building and grading permits. ¶

A building or grading permit shall not be issued for any site within a proposed planned residential development unless a final subdivision map has been recorded in compliance with the subdivision regulations of the city.

(Ord. 798 (part), 1980)

Chapter 18.90 - PLANNED RESIDENTIAL DEVELOPMENT-DETACHED (PRD-D) DISTRICT

Sections:

18.90.010 - Implementation. ¶

There is implemented the PRD-D, planned residential development-detached district. Whenever placed on the land use zoning map, "PRD-D" shall be indicated as the district designation of the area over which it is placed, and the provisions of said "PRD-D" district shall apply.

(Ord. 799 (part), 1980)

18.90.020 - Findings, intent and purpose.

A.

The city council finds that detached planned residential developments are different in several respects from conventional single-family residential developments and therefore require different regulations.

B.

C.

The purpose of the ordinance codified in this chapter is to provide for the general control of design of detached planned residential development, including but not limited to cluster housing, in relation to adjoining areas in accordance with the basic purpose of the State Subdivision Map Act.

(Ord. 799 (part), 1980)

18.90.030 - Definitions. ¶

For the purpose of this chapter the following definitions shall apply:

A.

real property. A condominium may include, in addition, a separate interest in other portions of such real property.

B.

"Condominium project" means the entire parcel of real property divided or to be divided, into condominiums, including all structures thereon.

C.

"Planned development" means single-family units proposed for construction, deviating from the requirements of the particular zone in which it is proposed to be located, and consisting of:

1.

Individual family living units under individual ownerships developed as a condominium or cluster housing; or

2.

A project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated dwelling thereon; or

3.

Other comparable facilities.

D.

"Community housing project" means a project in which an undivided interest in the land and common areas coupled with the right to the exclusive ownership of a designation dwelling unit therein.

E.

"Cluster housing project" means a grouping of lots of no specific area requirements but combined with common and private open areas to compute the density requirements of the planned residential development-detached zone. Residential structures on such lots need not cover the entire lot, but shall be detached units, and shall be limited to one or two stories in height.

F.

"Unit" means the element of a condominium or cluster project which is not owned in common with the owners of other condominiums or units in the project.

G.

"Common areas" means the entire project excepting all units therein granted or reserved to individual ownerships.

"Conditions, covenants and restrictions" means conditions, covenants and restrictions of any condominium, or cluster project or any other planned development.

I.

J.

"Open space" means the land areas which are not occupied by buildings, structures, streets or alleys, excepting however, approved landscaped features and active recreational facilities when developed in accordance with the provisions of this chapter.

1.

"Usable open space" means the land areas meeting the qualifications and definitions of either usable common open space or usable private open space.

2.

3.

"Usable private open space" means the open space which is designed and maintained for the sole and exclusive use of the occupants of not more than one dwelling and may include covered patio areas.

4.

"Active recreational areas" means the usable common open space which is developed with active facilities, such as swimming pools, tennis courts, recreational buildings, a clubhouse, or similar facilities.

(Ord. 799 (part), 1980)

18.90.040 - Specific objectives. ¶

The specific objectives of the planned residential development-detached ordinance are as follows:

A.

To encourage a more desirable living environment than would be possible through a strict application of the zoning code;

B.

To encourage a more efficient, aesthetic, and desirable use of the land;

C.

To encourage the reservation of a greater proportion of open spaces for visual and recreational uses;

D.

To encourage variety in the physical development pattern of the community;

E.

To ensure architectural unity and harmony within the development and with surrounding residential developments; and

F.

To ensure that these objectives are realized and that, in the process, the net density of any area within the R-1 (medium density residential) zones remain in conformity with the requirements of the general plan.

(Ord. 799 (part), 1980)

18.90.050 - Permitted uses. ¶

Detached single-family units, supporting housing, or transitional housing proposed as a condominium or cluster project or other detached planned residential developments are permitted in the planned residential development-detached zone (low to medium density residential), subject to the approval of tentative, final or parcel map, as may be required by law. This requirement is in addition to other review and approval procedures required by this chapter.

(Ord. 799 (part), 1980)

(Ord. No. 1642, § 8, 7-14-20)

18.90.060 - Review and approval process.

The following procedures shall be completed prior to the issuance of building permits:

A.

Preliminary Review. Prior to the filing of an application pursuant to this section, the developer or subdivider or his/her authorized representative shall meet in person with the city director of development services or his/her designated representative to discuss the proposed project so that the necessary sequential processing steps may be undertaken with a clear understanding of the city's attitude and requirements.

B.

Application Requirements. After the preliminary review, the applicant may file a request for a change of zone to a PRD-D zoning district pursuant to Chapter 18.48 of this code.

1.

All applications for a change of zone to a PRD-D district shall include the proposed development plan for the use of the property. Said plan shall be prepared in sufficient detail including proposed buildings and open space areas to properly advise the planning commission of the proposed development plan.

2.

Upon receipt of an application and development plan, the planning commission shall review the proposed development and forward its recommendations to the city council.

3.

Approval of the development plan shall not exceed a period of two calendar years.

4.

5.

If the development is not completed as approved or within the time limits as specified in this section, the zoning on the property shall revert to the zone of the area prior to the application for the PRD-D district.

C.

If the application involves a tentative or final or parcel map, approval of said map is required pursuant to Title 17 of this code.

D.

Approval of the precise plan of design by the city's development review committee, pursuant to city council Resolution No. 2092. Approval under this subsection shall require the applicant to submit the following information:

1.

One copy of the completed precise plan of design form available from the planning division.

2.

Seven copies of a plot plan and elevation details to include the following information:

a.

Location and use or uses proposed for each existing and proposed structure in the project area. The number of stories, gross building area and proposed entrances;

b.

Calculations of the required and proposed amounts of open space, usable open space, usable common open space, building area and off-street parking;

c.

The location, size, height and type of all signs, walls and fences;

d.

The exterior elevations of all building proposed for construction showing the general design, architectural features and building materials;

e.

The location, size and dimensions of all yards, setbacks, common open space and all spaces between structures;

f.

Locations, dimensions and methods of improvement of all existing and proposed curb cuts, drive lanes, streets, alleys, parking areas, loading and storage areas, refuse pickup areas, sidewalks and means of access, ingress and egress;

g.

The location and design of all exterior lighting for the proposed development;

h.

The location, dimensions and method of improvement of all property to be dedicated to the public or any public utility;

i.

Location and width of all pedestrian walks and open areas for common use;

j.

Location of all existing and proposed physical features such as hydrants, utility facilities, drainage facilities and recreational facilities;

k.

Statements in writing of all declarations, restrictions, covenants, method or methods of managing the project and maintaining the common areas and elements located therein;

1.

A detailed plan of landscaping and of the sprinkling system providing water to all planted areas. The

landscaping plan shall indicate the botanical and common names of all plants used, size of plants, spacing and number of each type used. The sprinkling system details shall indicate the type, number, size and location of all sprinkling devices and the size and location of all pipes used.

Upon receipt of the completed application, the planning division will refer copies of the application to the development review committee (DRC) for its comments and recommendations.

4.

Within ten working days, following receipt of the application by the planning division, the development review committee will formally review the application.

5.

More than one meeting of the development review committee may be necessary to adequately review the application.

6.

The development review committee shall approve, conditionally approve, or recommend disapproval for each precise plan of design subject to this chapter. Following completion of the review process, the planning division shall prepare a report summarizing the decision and findings of the development review committee and forward this report to the applicant for review and concurrence.

7.

Approval of the precise plan of design does not become effective until the applicant has signed a statement acknowledging awareness and acceptance of any required conditions of approval.

(Ord. 1234 (part), 1995: Ord. 799 (part), 1980)

(Ord. No. 1645, § 3, 7-14-20)

Editor's note— Amendment from Ord. No. 1645, § 3, adopted July 14, 2020, not included as amendment is under further evaluaton.

18.90.070 - Development standards. ¶

The development standards contained in this section shall apply to all detached planned residential developments.

A.

Site Area. The minimum gross site area within an R-1 zone when developed pursuant to this chapter, shall be five acres, except those sites with lesser area may be permitted when contiguous to an existing planned development and it constitutes a logical extension in arrangement of building facilities and open space.

B.

Density. Residential density shall not exceed the net density permitted under the adopted community general plan. For the purposes of this chapter, "net density" is defined as the average number of dwelling units per acre, exclusive of public streets, and other public rights-of-way.

Minimum Dwelling Sizes. Minimum square footage of dwellings shall be determined by the planning commission at the time of application for a change of zone. Commission determination shall be based on the compatibility of the proposed dwelling sizes with adjacent existing dwellings. In no situation shall individual dwellings be less than one thousand two hundred square feet of living area, exclusive of garages, porches, eaves or similar features.

D.

Site Coverage. Buildings and structures, which shall not include patios open on three or more sides, shall not occupy more than thirty-five percent of the site to be developed of the PRD-D district.

E.

Building Height. A building, structure or portion thereof shall not exceed two and one-half stories or thirtyfive feet, whichever is less.

F.

Type of Structures. Dwelling units shall be detached single-family units. The commission may approve places of public assembly, recreational buildings and accessory buildings if for the primary use of persons residing within the planned development project and located so as not to be detrimental to adjacent properties.

G.

Setbacks. Each dwelling unit and accessory structure shall have and maintain the following minimum setbacks from streets and distance between structures:

1.

The minimum front setback from a public street for all buildings and structures exceeding forty-two inches in height shall be not less than twenty-five feet. The minimum front setback from a private street shall not be less than thirty-seven feet from curb face.

2.

Minimum side setbacks between structures shall be ten feet.

a.

Structures situated on corner lots abutting a public street shall maintain a minimum fifteen-foot setback. Structures situated on corner lots abutting a private street shall maintain a minimum twenty-seven-foot setback from curb face.

b.

Common open space areas may include swimming pools, tot lots, putting greens, court game facilities and recreational buildings.

a.

Common open space shall be developed and landscaped in accordance with a precise plan of design approved by the city.

(Ord. 1234 (part), 1995: Ord. 799 (part), 1980)

18.90.080 - Common areas. ¶

A development shall be approved subject to submission of a legal instrument setting forth a plan or manner of permanent care and maintenance of open spaces, recreational areas and communal facilities. No such instrument shall be acceptable until approved by the director of development services as to suitability for the proposed use of the open areas and the city attorney as to legal form and effect.

A.

The homeowners' association shall be established prior to the sale of the last dwelling units;

Membership shall be mandatory for each buyer and any successive buyer;

C.

The open space restrictions shall be permanent;

D.

Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project;

E.

If the development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions and restrictions and reciprocal management and maintenance agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners' association with common areas for the total development.

(Ord. 1234 (part), 1995: Ord. 799 (part), 1980)

18.90.090 - Building and grading permits. ¶

(Ord. 799 (part), 1980)

Chapter 18.100 - MOBILE HOME DEVELOPMENT (MHD) ZONE

Sections:

18.100.010 - Implementation. ¶

There is implemented the mobile home development (MHD) zone. Whenever placed on the land use zoning map, "MHD" shall be indicated as the district designation of the area over which it is placed, and the provisions of said "MHD" district shall apply.

(Ord. 803 (part), 1980)

18.100.020 - Findings, intent and purpose. ¶

A.

The city council finds that mobile home parks and subdivisions are different in several respects from conventional single-family residential developments and therefore require unique regulations.

The intent of this chapter is to provide an alternative type of residential accommodation for persons who desire a dwelling other than a conventional single-family dwelling or multiple dwelling and provide greater diversity in housing choices, types and prices.

C.

The purpose of the ordinance codified in this chapter is to provide for the general control of design and operation of mobile home parks and subdivisions in the city of Rialto. The provisions of this chapter shall not apply to mobile home parks already in operation or for which conditional use permits have been issued prior to the effective date of the ordinance codified in this chapter.

(Ord. 803 (part), 1980)

18.100.030 - Adoption of Mobile Home Park Act of state of California.

As regulations for mobile home parks in the city of Rialto, the Mobile Home Parks Act, Division 13, Part 2.1 of the Health and Safety Code of the state of California and all rules and regulations appearing in the California Administrative Code pertaining to mobile home parks are adopted by reference and made a part of this chapter as though set forth in full in this chapter; providing, however, that if any provisions of this chapter are more restrictive than those provided in said codes adopted by reference, the provisions of this chapter shall prevail so long as the provisions of this chapter are not preempted by the provisions of state law or the Administrative Code.

(Ord. 803 (part), 1980)

18.100.040 - Definitions.

For the purpose of this chapter the following definitions shall apply:

A.

"Mobile home parks" means any area or tract of land where space is rented or held out for rent to two or more owners or users of mobile homes.

B.

"Mobile home subdivision" means subdivision of land of not less than ten acres which proposes the sale of individual lots to private individuals, with an undivided interest in common areas and buildings constructed thereon.

C.

"Mobile home site" means any portion of a mobile home park or subdivision designed for the use or occupancy of one mobile home.

D.

"Common areas" means the entire project excepting all mobile home sites therein granted or reserved to individual ownerships.

E.

"Conditions, covenants and restrictions" means conditions, covenants and restrictions governing a mobile home subdivision development.

F.

"Association" means the organization of persons who own a mobile home site or right of exclusive occupancy in a mobile home development and have interest in the control of common areas of such projects.

G.

"Common open space" means the open space which is suitably located and improved for common recreational purposes, active or passive, and accessible to each mobile home site within a development through a system of walkways.

(Ord. 803 (part), 1980)

18.100.050 - Permitted uses.

The following uses are permitted in the mobile home development zone:

A.

Mobile home parks subject to the development standards and review procedures of this chapter;

B.

Mobile home subdivisions, subject to the approval of tentative and final tract or parcel map, as may be required by law and subject to the development standards and review procedures of this chapter.

(Ord. 803 (part), 1980)

18.100.060 - Permitted accessory uses and structures.

The following accessory structures and land uses shall be permitted in the MHD zone only where clearly incidental to a permitted primary use, subject to the provisions of this chapter:

A.

Accessory buildings and uses including central radio and television antenna, central recreational area and building, rubbish collection depots, and storage areas designed for the storage of travel trailers, campers, boats, etc.;

B.

Masonry walls in compliance with the provisions of this chapter;

Identification signs in compliance with the provisions of this chapter.

(Ord. 803 (part), 1980)

c.

All walls erected within a mobile home development shall be of the same material as the perimeter wall.

H.

Structural Height Limitations. No building shall exceed twenty-five feet in height.

Off-Street Parking. For off-street parking requirements, see Chapter 18.58.

J.

Mobile Home Development Streets. All streets shall be designed to provide reasonable and convenient traffic circulation within the mobile home development and so that every mobile home site fronts upon such roadway. All streets shall meet the following minimum standards:

1.

All roadways shall provide a minimum paved roadway width of thirty feet, except that entrance access road shall not be less than forty feet. Parking along these roadways shall be prohibited.

2.

Cement concrete rolled curbs and gutters shall be installed on both sides of all access roads. Concrete curbs, a minimum of six inches high gutter shall be provided adjacent to the main recreational building.

3.

All roadways, both public and private shall be designed and constructed to the satisfaction of the city engineer.

K.

Pedestrian Access. A pedestrian circulation system shall be incorporated into the mobile home development for the purpose of providing access to all mobile home sites, rubbish storage areas, recreational areas and other outdoor living areas. The minimum width of interior pedestrian walkways and paths shall be four feet. Walkway system shall utilize materials such as concrete, brick, flagstone or other materials approved by the planning division.

L.

Signs—Permitted and Required.

1.

Permitted Signs.

a.

b.

Each mobile home development shall provide a minimum of three hundred fifty square feet of common recreational open space per mobile home site for the exclusive use of residents. Said common recreational open space shall be situated in one or more aggregate areas and be conveniently accessible to all residents of the development.

b.

Recreational open space shall not include driveways, walkways, parking areas, recreational vehicle storage space, setback areas or service areas, but may include playgrounds, swimming pools, tennis courts, recreational buildings and other outdoor recreational facilities.

c.

Each mobile home development shall provide a minimum of two of the following recreational facilities: Swimming pool or spa, putting green, playgrounds, tennis courts, shuffleboard or horseshoe courts, or similar recreational facilities as approved by the city.

T.

Each mobile home site shall provide tie-downs for earthquake and wind protection. Such tie-down design shall be approved by the city's building and safety division.

U.

Mailboxes. Each mobile home site shall be equipped with a uniform receptacle for mail deliveries. Said receptacle shall be constructed in accordance with city standards.

V.

Skirting. Each mobile home shall be skirted with manufactured decorative skirting, decorative concrete block or placed on a concrete block foundation as approved by the city's engineering and building and safety division.

W.

Mobile Home Register. There shall be a register provided in each mobile home development in which shall be entered all such information as is required by the Mobile Home Park Act, Division 13, Part 2, of the Health and Safety Code of the state of California as adopted by reference in this chapter.

X.

Acoustical Analysis. An acoustical analysis shall be required for any mobile home development proposed to be located in an area where the estimated noise level from any transportation generated source and/or measurable noise level from a stationary noise source is equal to or exceeds a community noise equivalent level (CNEL) of 65 dBA. Such determination shall be made by the planning division, based on existing noise contours as contained in the adopted noise element of the general plan. All such studies shall be completed and incorporated into the environmental review of the development.

Y.

On-Site Fire Protection. Fire hydrants with adequate water supply lines and fire flows shall be installed as determined by the fire department.

Z.

Permanent Site Marking. The boundaries of each mobile home space shall be clearly and permanently marked so that each space can be readily determined at all times.

AA.

Laundry Facilities. Laundry facilities equipped with washing machines and dryers shall be provided.

(Ord. 1234 (part), 1995: Ord. 1057 § 2 (18), 1989; Ord. 803 (part), 1980)

(Ord. No. 1645, § 3, 7-14-20)

18.100.090 - Common areas. ¶

In the event a mobile home subdivision is proposed or an application is submitted to the city for conversion of an existing mobile home park developed under the provisions of this chapter, to a mobile home subdivision, the applicant must submit a legal instrument setting forth a plan of manner for the permanent care and maintenance of open space, recreational buildings and areas and other common owned facilities. No such instrument shall be acceptable until approved by the director of development services as to the suitability for the proposed use of the open areas and the city attorney as to legal form and effect. If the common open areas are to be conveyed to the homeowners' association, the developer or applicant shall file a declaration of covenants to be submitted with the application for approval that will govern the association. The provisions shall include, but not be limited to the following:

A.

The homeowners' association shall be established prior to the sale of the first mobile home site;

B.

Membership shall be mandatory for each buyer and any successive buyer;

C.

The open space restrictions shall be permanent;

D.

Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project;

E.

If the mobile home development is constructed in increments or phases which require one or more final maps, reciprocal covenants, conditions and restrictions and reciprocal management and maintenance

agreements shall be established which will cause a merging of increments as they are completed, and embody one homeowners' association with common areas for the total development.

(Ord. 1234 (part), 1995: Ord. 803 (part), 1980)

18.100.100 - Building and grading permits. ¶

A building or grading permit shall not be issued for any mobile home subdivision unless a final subdivision map has been recorded in compliance with subdivision regulations of the city.

(Ord. 803 (part), 1980)

Chapter 18.101 - DENSITY BONUS AND OTHER INCENTIVES

18.101.010 - Definitions. ¶

For purposes of this chapter, the following definitions apply:

"Affordable housing cost" has the definition set forth in California Health and Safety Code section 50052.5.

"Affordable rent" has the definition set forth in California Health and Safety Code section 50053. However, for Section 18.101.020(C)(9), the affordable rent will be calculated in accordance with California Government Code section 65915(c)(1)(B)(ii).

"Child care facility" means a facility other than a family day care home, including but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.

"Common interest development" has the definition set forth in California Civil Code section 1351.

"Concession" or "incentive" means any of the following:

1.

A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission.

2.

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

3.

Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable and actual cost reductions.

This definition does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land, by the city or the waiver of fees or dedication requirements.

"Disabled veteran" has the definition set forth in California Government Code Section 18541.

"Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning code provisions and the land use element of the general plan as of the date of application by the applicant to the city.

"Development standard" means the site or construction conditions that apply to a residential development pursuant to any ordinance, general plan element, specific plan, or other city condition, law, policy, resolution or regulation.

"Director" means the director of community development or the director's designee.

"Homeless person" has the definition set forth in 42 U.S.C. Section 11301 and following.

"Homeless service provider" has the definition set forth in California Health and Safety Code Section 103577(e)(3).

"Housing development" means a development project for five or more residential units, including mixeduse developments. "Housing development" also includes a subdivision or common interest development, or the substantial rehabilitation of an existing multi-family dwelling where the result of the rehabilitation would be a net increase in the number of residential units.

"Lower income households" has the definition set forth in California Health and Safety Code Section 50079.5.

"Lower income students" has the definition set forth in California Government Code Section 65915(b)(1)(F) (i)(II), and includes students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in California Education Code Section 69432.7(k) (1).

"Major transit stop" has the definition set forth in California Public Resources Code Section 21155.

"Maximum allowable residential density" means the density allowed under the zoning code, or if a range of density is permitted, the maximum allowable density for the specific zoning range applicable to the project.

"Moderate income households" has the definition for "persons or families of moderate income" set forth in California Health and Safety Code section 50093(b).

"Multi-family dwelling" has the definition set forth in California Government Code Section 65863.4(d).

"Property containing existing affordable housing" means any property that includes any parcel on which rental dwelling units are or have been: (1) subject to any other form of rent or price control through a public entity's valid exercise of its police power; (2) occupied by lower or very low income households; or (3) subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and

households of lower or very low income. Such rental dwelling units include rental dwelling units that have been vacated or demolished in the five-year period preceding the application seeking the density bonus.

"Replace" has the definition set forth in California Government Code Section 65915(c)(3)(B).

"Senior citizen housing development" has the definition set forth in California Civil Code Section 51.3.

"Specific, adverse impact" has the definition set forth in California Government Code Section 65589.5(d)(2).

"Special needs housing development" has the definition set forth in California Health and Safety Code Section 51312.

"Student housing unit" has the definition set forth in California Government Code section 65915(b)(1)(F)(ii), and includes a unit that consists of one rental bed and its pro rata share of associated common area facilities, that is subject to a recorded affordability restriction of fifty-five years.

"Supportive housing development" has the definition set forth in California Health and Safety Code Section 50675.14, which includes housing for the homeless or disabled with no limit on length of stay, and linked to onsite or offsite assistance services.

"Transitional foster youth" has the definition set forth in California Education Code Section 66025.9.

"Unobstructed access" means access where a resident is able to travel without encountering natural or constructed impediments, as outlined in California Government Code Section 65915(p)(2).

"Very low income households" has the definition set forth in California Health and Safety Code Section 50105.

(Ord. No. 1643, § 2, 7-14-20)

18.101.020 - General density bonus provisions.

A.

Application. Any person that desires a density bonus must make an application on a form approved by the director at the time of submitting an entitlement application for the housing development for which a density bonus is requested. The density bonus provided by this chapter only applies to housing developments consisting of five or more dwelling units.

B.

Incentives and Concessions. When an applicant seeks a density bonus for a housing development or for the donation of land for housing within the city, the city must provide the applicant incentives or concessions for the production of housing units and child care facilities as provided in this chapter.

C.

Available Density Bonus Options. The planning commission or city council will grant one density bonus, the amount of which will be as specified in Section 18.101.060, and incentives or concessions as described in Section 18.101.050, when an applicant for a housing development seeks and agrees to construct a housing

development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least one of the following:

1.

Ten percent of the total units of a housing development for lower income households.

2.

Five percent of the total units of a housing development for very low income households.

3.

Ten percent of the total dwelling units in a common interest development for moderate income households, provided that all units in the housing development are offered to the public for purchase.

4.

A senior citizen housing development.

5.

Ten percent of the total units of a housing development for transitional foster youth, to be provided at the same affordability level as very low-income units.

6.

Ten percent of the total units of a housing development for disabled veterans, to be provided at the same affordability level as very low-income units.

7.

Ten percent of the total units of a housing development for homeless persons, to be provided at the same affordability level as very low-income units. As used in this subsection, "total units" or "total dwelling units" does not include units permitted by a density bonus awarded pursuant to this chapter.

8.

Twenty percent of the total student housing units for lower income students in a student housing development that meets the requirements of California Government Code Section 65915(b)(1)(F).

9.

One hundred percent of the total units, exclusive of a manager's unit or units, are for lower income households, except that up to twenty percent of the total units in the development may be for moderateincome households, as defined in California Health and Safety Code Section 50053.

D.

Applicant's Election of Basis for Bonus. For purposes of calculating the amount of the density bonus pursuant to section 18.101.060, the applicant who requests a density bonus pursuant to this section must

elect the bonus be awarded on the basis of the criteria set forth in Section 18.101.020(C).

E. Continued Affordability.

1.

Qualified Households. An applicant must agree that the occupants of the low, very low, and moderate income units that are directly related to the receipt of the density bonus in a housing development or common interest development must be low, very low, or moderate income households, as applicable.

2.

Term.

a.

An applicant must agree to set rents at affordable rent levels and to the continued affordability of all rental units that qualified the applicant for the award of the density bonus for a period of fifty-five years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

b.

All for-sale units must initially be sold at an affordable housing cost and will remain subject to a resale affordable housing cost restriction for a period of fifty-five years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or other subsidy program. The applicable resale affordable housing cost restriction period will reset upon each sale of an affordable unit.

3.

Equity Sharing. The city will require an equity-sharing agreement for all for-sale units, unless such an agreement would be in conflict with the requirements of another public funding source or law.

F.

Housing Development Involving Property Containing Existing Affordable Housing. An applicant is not eligible for a density bonus, or any other incentives or concessions under this chapter, for a proposed housing development involving a property containing existing affordable housing, unless:

1.

The proposed housing development replaces the existing affordable housing units; and

2.

Either:

The proposed housing development, inclusive of the units replaced, contains affordable units at the percentages set forth in Section 18.101.020(C); or

b.

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

(Ord. No. 1643, § 2, 7-14-20)

18.101.030 - Requirements for equity sharing agreement.

The following provisions must be included in any equity sharing agreement required under this chapter:

A.

Upon resale, the seller of the unit may retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city will recapture any initial subsidy and its proportionate share of appreciation, which amount must then be used within five years for any of the purposes that promote home ownership, as described in California Health and Safety Code Section 33334.2(e).

B.

For purposes of this section, the city's initial subsidy will be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the very low, low, or moderate income household, as applicable, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale will be used as the initial market value.

C.

For purposes of this section, the city's proportionate share of appreciation will be equal to the ratio of the initial subsidy to the fair market value of the unit at the time of initial sale.

(Ord. No. 1643, § 2, 7-14-20)

18.101.040 - Incentives and concessions.

A.

An applicant for a density bonus pursuant to Section 18.101.020 may submit a proposal for the specific incentives or concessions that the applicant requests pursuant to this chapter, and may request a meeting with the director.

B.

Subject to subsection C below, the applicant will receive the following number of incentives or concessions:

The applicant may elect to accept a lesser percentage of density bonus.

B.

The amount of density bonus to which the applicant is entitled will vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 18.101.020(C).

C.

For housing developments meeting the criteria of Section 18.101.020(C)(1), the density bonus will be calculated as follows:

Percentage Low Income Units	Percentage Density Bonus
10	20
11	21.5
12	23
13	24.5
---	---
14	26
15	27.5
17	30.5
18	32
19	33.5
20	35

D.

For housing developments meeting the criteria of Section 18.101.020(C)(2), the density bonus will be calculated as follows:

Percentage Very Low Income Units	Percentage Density Bonus
5	20
6	22.5
7	25
8	27.5
9	30
10	32.5
11	35

E.

For housing developments meeting the criteria of Sections 18.101.020(C)(4), 18.101.020(C)(5), 18.101.020(C)(6), and 18.101.020(C)(7), the density bonus will be twenty percent.

F.

For housing developments meeting the criteria of Section 18.101.020(C)(3), the density bonus will be calculated as follows:

Percentage Moderate Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
---	---
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

For housing developments meeting the criteria of Section 18.101.020(C)(9), the density bonus will be eighty percent of the units reserved for lower income households. If such development is located within one-half mile of a major transit stop, the city will not impose any maximum controls on density.

H.

For housing developments meeting the criteria of Section 18.101.020(C)(8), the density bonus will be thirtyfive percent of the number of student housing units.

I.

All density calculations resulting in fractional units will be rounded up to the next whole number. The granting of a density bonus will not be interpreted, in and of itself, to require a general plan amendment, zoning change, study other than those provided under Government Code section 65915(j)(1), or other discretionary approval.

J.

Granting a density bonus will not be interpreted to require the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards, except as provided for in Sections 18.101.040 and 18.101.050.

(Ord. No. 1643, § 2, 7-14-20)

18.101.070 - Additional density bonus through donation of land. ¶

When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to the city, as provided for in this section, the applicant will be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable zoning and the land use element of the general plan for the entire development, as follows:

Percentage Very Low Income	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
---	---
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

A.

This increase will be in addition to any increase in density mandated by Section 18.101.020(C), up to a maximum combined density increase of thirty-five percent, if an applicant seeks increases required pursuant to both this section and Section 18.101.020(C).

1.

All density calculations resulting in fractional units will be rounded up to the next whole number.

2.

Nothing in this section will be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

B.

An applicant will be eligible for the increased density bonus described in this section if all of the following conditions are met:

1.

The applicant donates and transfers the land no later than the date of approval of the final subdivision map or parcel map or residential development application.

2.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households, in an amount not less than ten percent of the number of residential units of the proposed development.

The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure.

a.

The land must have appropriate zoning and development standards to make the development of the affordable units feasible.

b.

No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land must have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review, to the extent authorized by California Government Code section 65583.2(i), if the design is not reviewed by the city prior to the time of transfer.

4.

The transferred land and the affordable units will be subject to a deed restriction ensuring continued affordability of the units consistent with Section 18.101.020(E)(1) and (2), which restriction will be recorded on the property at the time of the transfer.

5.

The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such housing developer.

6.

The transferred land must be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

(Ord. No. 1643, § 2, 7-14-20)

18.101.080 - Additional density bonus or concession or incentive through provision of child care facility.

A.

When an applicant proposes to construct a housing development that conforms to the requirements of Section 18.101.020(C) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, the planning commission or city council must grant either of the following:

1.

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B.

The planning commission or city council will require, as a condition of approving the housing development, that the following occur:

1.

The child care facility must remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 18.101.020(E).

2.

Of the children who attend the child care facility, the children of very low income households, lower income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to Section 18.101.020(C).

C.

Notwithstanding any requirement of this section, the planning commission or city council is not required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

D.

For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus is permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

E.

The granting of a concession or incentive will not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

(Ord. No. 1643, § 2, 7-14-20)

18.101.090 - City's discretion in granting density bonus. ¶

Nothing in this chapter will be construed to prohibit the planning commission or city council from granting a density bonus greater than what is described in this chapter for a development that meets the requirements of this chapter, or from granting a proportionately lower density bonus than what is required by this chapter for developments that do not meet the requirements of this chapter.

(Ord. No. 1643, § 2, 7-14-20)

18.101.100 - Parking requirements. ¶

(Ord. No. 1643, § 2, 7-14-20)

Chapter 18.102 - REGULATION OF SIGNS AND ADVERTISING STRUCTURES

Sections:

18.102.010 - Findings—Intent—Purpose. ¶

A.

The city council finds that the lack of a comprehensive control and regulation of signs has resulted in a deterioration of the physical environment of the community, characterized by the competition for the public eye through the proliferation, increased height and size, and visual unattractiveness of signs. The city council further finds that through the use of proper sign controls, the city can become both an economically stable and visually attractive community.

B.

The intent of this chapter is to develop standards, procedures and guidelines for the regulation of the zoning aspects of signs. Where a provision of any other ordinance of the city is inconsistent with any of the provisions hereof, the ordinance codified in this chapter shall control and supersede any such inconsistent provisions.

C.

The purposes of this chapter are to safeguard and enhance property values; to protect public and private investment in buildings and open spaces; to preserve and improve the appearance of the city as a place in which to live and work, and as an attraction to nonresidents who come to visit or shop; to encourage sound signing practices as an aid to business and for the information of the public, but to prevent excessive and confusing sign displays; to reduce hazards to motorists and pedestrians; and to promote the public health, safety and general welfare.

(Ord. 917 (part), 1984)

18.102.020 - Categorization of signs. ¶

A.

A "sign" means any words, letters, figures, numerals, emblems, artwork, pictures, paintings, designs or other marks shown on any card, cloth, paper, metal, glass, wood, plaster, stone or other surface or device of any kind or character by which anything is made known or communicated and used to attract attention

or communicate a message to any individual by visual images, and not otherwise defined by statute, ordinance or regulation as graffiti.

B.

For the purpose of this chapter, signs within the city shall be classified in one or more of the following categories:

1.

Advertising Structure. An on-site or off-site sign structure of any kind or character other than the main business identification sign which is erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes. A billboard sign structure is included in this category;

2.

Comprehensive Directory Sign. A sign structure intended to allow combined groupings of small identification and directory signs for individual residential subdivisions in strategic locations throughout the community;

3.

Construction Sign. A sign stating the names of those individuals or businesses directly connected with the construction of a project, their addresses and their telephone numbers;

4.

Convenience Sign. A sign which conveys information necessary for public safety or convenience such as "no parking," "restrooms" or similar words and which is designed to be viewed on-site by pedestrians and/or motorists. Signs that convey advertising, products or business identification shall not be considered a convenience sign;

5.

Directional Sign. A sign which contains words such as "entrance," "enter," "exit," "in," "out" or other similar words or a sign containing arrows or characters indicating traffic directions. No directional sign shall contain any advertising or trade name information. A subdivision directional sign is not included in this category;

6.

Flashing Sign. Any sign which contains or is illuminated by lights which are intermittently on and off, which change intensity, or which create the illusion of motion in any manner;

7.

Freestanding Sign. A sign which is permanently supported by one or more uprights, braces, poles or other similar structural components when utilizing the ground as a primary supportive base;

8.

Identification Sign. A sign which advertises or directs attention to an occupancy, major business, commodity, service or entertainment conducted, sold or offered only upon the premises where the sign is located;

9.

Monument Sign. A low-profile freestanding sign not in excess of eight feet in height which is detached from a building, and the support structure is a solid base constructed of materials accenting the architectural theme of the building(s) on the same premises;

10.

Nameplate Sign. A sign naming the occupant of the premises, the business and/or the address;

11.

Noncommercial Sign. A sign which communicates any message or idea relating to political, philosophical, religious, or personal noncommercial message or otherwise is not intended to advertise a commercial product, service, or venture;

12.

Off-Site Sign. A sign which advertises or informs, in any manner, businesses, services, goods, persons or events at some location other than that upon which the sign is located;

13.

On-Site Sign. A sign which advertises or informs, in any manner, businesses, services, goods, persons or events which are located on the same premises where the sign is located, and which has been designed, constructed, created, intended or engineered to have a useful life of fifteen years or more;

14.

Painted Sign. A sign or medium for advertising purposes painted on the exterior wall surfaces of a building or structure;

15.

Portable Sign. A sign which is not designed to be permanently attached to a structure or to the ground;

16.

Poster Sign. A sign or placard posted in a public place which may be visible from adjacent streets or highways;

17.

Projecting Sign. Any sign, other than a wall sign, which is suspended from or supported by a building or structure, and which projects from the face of the building or structure. This category includes any such

sign suspended under a marquee, porch, walkway covering or similar covering structure;

18.

Real Estate Sign. A sign advertising the sale or lease of the property upon which the sign is located, and the identification of the firm handling such sale, lease or rent;

19.

Revolving Sign. A sign, which all or a portion of may rotate either on an intermittent or constant basis;

20.

Roof Sign. A sign erected, constructed, painted or otherwise placed upon or over a roof or parapet wall of a building and which is partly or wholly supported by the building;

21.

Subdivision Sign. An on-site or off-site sign intended for the purpose of identifying and advertising the model homes and other residential units for sale within a subdivision development;

22.

Temporary Advertising Sign. A banner, flag, pennant or sign intended to be displayed for a short period of time associated with the advertisement of the initial opening of a business or the change in ownership of the business; special events for nonprofit, religious, charitable, or fraternal organizations; or special merchandise sales or sales promotional activity;

23.

Vehicle Sign. A sign which is attached to a vehicle and placed on any property so as to attract attention to a product, activity or business and which is in addition to the main business identification sign;

24.

Wall Sign. A sign which is attached to or erected against the wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than twelve inches from the building or structure;

25.

Window Sign. A sign which is painted, attached, glued or otherwise affixed to a window or otherwise easily visible from the exterior of the building.

(Ord. 1276 § 1, 1998: Ord. 917 (part), 1984)

18.102.030 - Definitions. ¶

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:

A.

Area of Sign. The "area of a sign" shall include the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure or character, together with any other material or color forming an integral part of the display or used to differentiate such sign from the background on which it is placed. The area of a sign having no such perimeter shall be computed by enclosing the entire area within parallelograms, triangles or circles in a size sufficient to cover the entire area and computing the size of such area. In case of a double-faced sign, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical sign the total area shall be computed on the total area of the surface of the sign.

B.

"Building face" means the area of the front building elevation in which the business is located. If more than one business is located in a single building, then such area shall be limited to that portion which is occupied by each individual business.

C.

"Freeway" means a highway in respect to which the owners of abutting lands have no right or easement of access or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the state of California.

D.

Frontage of Building. The frontage of a building used in calculating the permitted sign area includes the frontages whereon a public entry to the occupancy is located. If applicable, separate calculations may be made for front, side and rear entrances and separate signs may be placed on each of the building frontages.

E.

"Frontage of lot" means that portion of land abutting a street which is developed or will be developed as a building site, together with the required parking and landscaping areas. Unless otherwise provided, in land use zones where lot frontage provides the criteria for the number and/or size of free-standing signs, corner lots or lots fronting on two or more streets may be credited with only the frontage along one of the streets.

F.

"Grade" means the elevation of the nearest public sidewalk adjoining the property upon which a sign or building is erected or the natural surface of the ground supporting a sign or building, whichever is the lower surface.

G.

Height of Sign. The height of signs shall be measured from grade to the top of the sign.

H.

"Illuminated" means a source of light on the surface of the sign, in the interior of the sign itself or which has a source of light located such that the beam of the light falls upon the surface of the sign.

I.

"Nonconforming sign" means an existing sign which has been lawfully erected at the time of the adoption of this chapter but which is not in conformity with the regulations and provisions contained herein.

J.

"Sign structure" means and includes the supports, uprights, bracings, cables and framework of a sign or outdoor display.

K.

"Zone" is used in this chapter in reference to such zones or districts as defined in Title 18, Zoning, of this code.

(Ord. 917 (part), 1984)

18.102.040 - Administration.

A.

Permits—Required. It is unlawful for any person to erect, alter or relocate within the city any sign or advertising structure, unless exempted by this chapter, without first obtaining a sign permit issued by the building division. Where signs are illuminated by lighting, a separate electrical permit shall be obtained from the building division.

B.

Permits—Application. Application for a sign permit shall be made in writing upon forms provided by the building division. Such application shall contain the location by street and number of the proposed sign structure, together with the name and address of the owner and the sign contractor or erector. Two copies of the sign plans shall be filed with the application including the following:

1.

Plot plan, fully dimensioned, indicating location of proposed sign together with the location, size and height of all existing signs on the premises. The street frontage(s) shall be clearly indicated on the plan;

2.

Elevation plan, indicating the height and size of proposed sign, method of illumination, colors, and materials of construction;

3.

Structural details and calculations prepared by a state-registered engineer or architect, as determined by wind load factors and requirements of the building division;

4.

Payment of all applicable permit and inspection fees in the amounts established by resolution of the city council;

5.

Such other information as the building division may require to determine full compliance with city ordinance and resolution requirements.

C.

Review—Planning Division. Prior to the issuance of a sign permit by the building division, the applicant shall submit the two copies of the sign review and approval. It shall be the responsibility of the planning division to determine that the sign proposal is in conformance with the intent, purpose and requirements of this chapter.

D.

Interpretation of Provisions.

1.

The provisions of this chapter are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this chapter.

2.

Whenever the application of this chapter is uncertain due to ambiguity of its provisions, the question shall be referred to the planning commission for determination. The planning commission shall then authorize sign requirements which best fulfill the intent of this chapter.

3.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of proper jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions hereof.

(Ord. 1276 § 2, 1998; Ord. 1234 (part), 1995: Ord. 917 (part), 1984)

18.102.050 - General provisions. ¶

A.

Exempt Signs. The following signs shall be exempt from the application, permit and fee requirements of this chapter. An electrical permit, however, may be required.

Permanent window signs not exceeding three square feet in area and limited to business identification, hours of operation, address and emergency information only;

2.

Real estate signs for residential sales, lease or rent not exceeding four square feet in area and four feet in height, provided the sign is not illuminated and is removed within seven days after the close of escrow or the rental or lease has been accomplished;

3.

Contractor of Construction Signs. One directory sign shall be permitted on the construction site for all contractors (may include bank, realtors, subcontractors, etc.) not exceeding thirty-two square feet in area unless legally required by any government contracts, administrative rule, regulation or statute to be larger. No sign shall exceed eight feet in overall height and shall be set back a minimum of ten feet from any property line. Any such sign shall be removed upon the completion of such project;

4.

Future Tenant Identification Sign. Future tenant identification signs may be placed on vacant or developing property to advertise the future use of the property and where this information may be obtained. One such sign shall be permitted per parcel and be limited to a maximum of thirty-two square feet in area and eight feet in overall height, and be set back a minimum of ten feet from any property line. Any such sign shall be removed upon completion of such project;

5.

Real Estate Signs for Sale of Industrial or Commercial Property. One sign per street frontage not to exceed thirty-two square feet in area to advertise the sale, lease or rent of such property. No such sign shall exceed eight feet in overall height and shall be set back a minimum of ten feet from any property line. Where a property has a street frontage in excess of six hundred feet, an additional sign is allowed for every six hundred lineal feet;

6.

Interior signs within a structure not visible from off site or from outside of building;

7.

Memorial tablets, plaques or directional signs for community historical resources, installed by the Rialto Historical Society or a recognized civic organization;

8.

Residential building identification signs used to identify individual residences and not exceeding two square feet in area;

9.

Official and legal notices issued by the court, public body, person, or officer in performance of his or her public duty or in giving legal notice;

10.

Directional, warning, or informational signs or structures required or authorized by law or by federal, state, county or city authority;

11.

Convenience signs which are necessary for public convenience and not exceeding three square feet in area;

12.

13.

Signs of public utility companies, indicating danger or which serve as an aid to public safety or which indicate the location of underground facilities or public telephones;

14.

Safety signs on construction sites;

15.

Time and temperature signs that convey time and temperature only and not exceeding twelve square feet in area or eight feet in overall height;

16.

Temporary Advertising Signs. Any banner, flag, pennant or sign (portable or otherwise) intended to be displayed for a short period of time associated with special events for nonprofit, religious, charitable or fraternal organizations. The display of such temporary signs shall not exceed a period of thirty days unless the time is extended by action of the city council;

17.

Noncommercial signs on private property.

B.

Prohibited Signs. All signs not expressly permitted are prohibited in all zones, including, but not limited to, the following:

1.

Roof signs;

2.

Flashing signs, except in time and temperature signs;

3.

Revolving signs;

4.

Vehicle signs, when used on property to identify a business;

5.

Portable signs, except where permitted in this chapter;

6.

Signs within the public right-of-way, except where required by a governmental agency, or an encroachment permit has been obtained from the city engineer in accordance with Section 11.04.070 of this code;

7.

Signs blocking doors or fire escapes;

8.

Commercial banners, flags and pennant, except for temporary advertising as provided for in this chapter;

9.

iv.

No sign shall be illuminated, either directly or indirectly.

v.

A maximum of two on-site subdivision advertising signs are allowed for each residential subdivision.

b.

Approved signs shall be removed within ten days from the date of the final sale of the land and/or residences within the subdivision.

c.

A cash deposit in the amount of two hundred dollars per sign shall be deposited with the building division prior to issuance of the sign permit to ensure removal of the sign at the end of the approval period. If the sign is not removed, the cash deposit will be declared forfeit and the city will proceed to remove the sign.

2.

Temporary Off-Site Subdivision Directional Signs. Off-site directional signs are intended to allow moderatesized temporary directional advertising signs for the purpose of directing prospective homebuyers to residential developments being offered for sale. Approved signs are to be located on properties within the C-2, C-3, C-M, M-1 and M-2 zoning districts within the city and designed to not adversely affect the aesthetic qualities of the community, and shall conform with the following provisions:

a.

The plot plan and elevation details indicating the location, height, size and design of the proposed sign structure shall be submitted to the planning department for review and approval prior to the issuance of a sign permit. The design and location of the proposed sign(s) shall conform with the following standards:

i.

The sign may be double-faced and shall not exceed eight feet by twelve feet in size per face.

ii.

The minimum height from grade to base of sign face shall not be less than six feet. The total height of the sign shall not exceed fourteen feet.

iii.

Signs shall be located only adjacent to secondary and major highways and shall be set back a minimum of five feet from the public right-of-way.

iv.

No sign shall be illuminated, either directly or indirectly.

v.

A maximum of two off-site directional signs will be allowed for each subdivision.

vi.

The sign shall be located a minimum of two hundred feet from a previously approved off-site directional sign.

b.

Each sign shall be approved for a period of time not to exceed one year or until the last unit of the subdivision is sold, whichever time is shorter.

c.

A cash deposit in the amount of five hundred dollars per sign shall be deposited with the building division prior to issuance of the sign permit to ensure removal of the sign at the end of the approval period. If the sign is not removed, the cash deposit will be declared forfeit and the city will proceed to remove the sign.

Permitted Signs—Comprehensive Subdivision Directory Signs. Comprehensive subdivision directory sign structures are intended to allow combined groupings of small identification and directory signs for individual residential subdivisions in strategic locations throughout the city. The purpose of these sign structures is to direct prospective homebuyers to residential developments being offered for sale. Comprehensive subdivision sign structures shall be permitted in any zoning district subject to the following provisions:

a.

The plot plan and elevation details indicating the location, height, size and design of the proposed sign structure shall be submitted to the planning department for review and approval prior to the issuance of a sign permit. The design and location of the proposed comprehensive sign structures shall be uniform throughout the city and conform with the following standards:

i.

The sign structure may be designed to contain up to four display faces and shall not exceed an overall size of eight feet in height and five feet in width.

ii.

The individual subdivision directory signs affixed to the sign structure shall uniformly be only nine inches in height and sixty inches in width. All directory signs shall be attached to the structure in a uniform manner.

iii.

The individual subdivision directory signs shall contain only the name of the residential development, developer logo and a directional arrow. The color and display of each sign shall adhere to a uniform design scheme.

iv.

Sign structures may be placed on private property with written consent of the property owner, or within the public right-of-way with issuance of an encroachment permit by the city engineer. Each sign structure shall be located a minimum distance of twelve hundred feet from a similarly approved directory sign structure.

b.

Any approved sign structure shall not be enlarged or structurally altered without prior approval of the planning division.

c.

There shall be no additions, banners, flags, pennants, streamers, display boards or other appurtenances added to the sign structure as approved. Other types of subdivision directional signs, such as posters and trailer signs, are expressly not permitted.

C.

Permitted Signs—A-1 Agricultural Zone. Signs are permitted in the agricultural zone subject to the following provisions:

1.

All signs specifically enumerated in subsection D of this section for single-family residential zones are permitted in the agricultural zone.

2.

One nonilluminated single or double-faced sign pertaining only to the sale, lease or hire of the premises, or of the products produced upon the premises. The sign shall not exceed twelve square feet in area per sign face or exceed an overall height of four feet.

D.

Permitted Signs—R-1A-10,000, R-1A, R-1B, and R-1C Single-family Residential Zones. Signs are permitted on each lot or parcel within the single-family residential zones subject to the following provisions:

1.

One real estate sign for the purpose of residential sales, lease or rent, not exceeding four square feet in area and six feet in height, provided the sign is not illuminated and is removed within seven days after close of escrow, or after the rental or lease has been accomplished;

2.

One residential building identification sign used to identify an individual residence and/or name of occupant, with the sign not exceeding two square feet in area;

3.

One nonilluminated sign not exceeding three square feet in area for the purpose of advertising the sale of personal property as permitted in Section 18.10.020M of this title. The sign may only be displayed during the period of the sale;

4.

One nonilluminated sign not exceeding three square feet in area for the purpose of declaring improvements being made on the premises. The sign shall be removed within seven days after completion of the improvements;

5.

Official and legal notices issued by the court, public body, person or officer in performance of his or her public duty or in giving legal notice.

E.

Permitted Signs—R-3 and R-4 Multiple-Family Residential, PRD Planned Residential Development and MHD Mobile Home Development Zones. Signs are permitted within the multiple-family residential, planned residential development and mobile home development zones subject to the following provisions:

1.

All signs specifically enumerated in subsection D of this section for single-family residential zones are permitted in the multiple-family residential zones.

2.

An identification sign indicating only the name and/or the address of a multiple-family apartment complex, planned residential development or mobile home development is permitted subject to the following standards:

a.

The maximum sign area shall not exceed twelve square feet for residential developments containing twelve units or less, or exceed twenty square feet for developments containing over twelve units.

b.

One identification sign is permitted per street frontage with a maximum of two such signs permitted for each residential development.

c.

A freestanding identification sign shall be set back a minimum of five feet from the public right-of-way and shall not exceed an overall height of five feet above grade.

d.

An identification sign attached to the wall of the building shall not extend above the roof or eave line.

e.

An identification sign attached to a perimeter wall shall not extend above the top of the wall.

f.

Identification signs may only be illuminated with an indirect source of light on the surface of the sign.

3.

Directional and convenience signs designed to convey information necessary for public safety or convenience within the residential development, provided that each sign shall not exceed three square feet in area.

F.

Permitted Signs—A-P Administrative-Professional Zone. Signs are permitted within the administrativeprofessional zone subject to the following provisions:

1.

All signs specifically enumerated in subsection D of this section for single-family residential zones are permitted in the administrative-professional zone.

2.

When a property located in the administrative-professional zone is used for multiple-family residential purposes in accordance with the provisions of the A-P zone, all signs specifically enumerated in subsection E of this section for the multiple-family residential zone are permitted as applicable.

3.

For nonresidential uses in the administrative-professional zone, signs are permitted subject to the following standards:

a.

One illuminated wall sign attached to the face of the building for each business. The wall sign shall not exceed one square foot of sign each for each linear foot of building frontage, or portion thereof, involved. If the building frontage of any business is less than twenty-five feet in width, the wall sign may contain a maximum area of twenty-five square feet.

b.

One monument sign per lot or parcel, provided that the maximum sign area shall not exceed twenty square feet and the overall height shall not exceed five feet above grade. The monument sign shall be set back a minimum of five feet from the public right-of-way.

c.

Illuminated signs shall be designed having an intensity and/or arrangement that will not create glare or a disturbance for abutting residential properties.

d.

Window signs, commercial and noncommercial, provided that the total area of the displayed window signs shall not exceed fifty percent of the total window area for the front building elevation and side building elevations facing a public street, and twenty-five percent of the total window area on all other building elevations. The placement of window advertisement signs is exempt from the requirement of a sign permit.

e.

thirty days within any ninety-day period. All approved temporary advertising displays shall be maintained in good condition and all display surfaces kept clean. Any unmaintained or damaged signs shall be repaired or replaced within ten days following notification by the planning division. Noncompliance with such a request will constitute a zoning violation and will be enforced under the provisions of this code.

G.

Permitted Signs—C-1 and C-1A Commercial Zones. Signs are permitted within the C-1 and C-1A commercial zones subject to the following provisions:

1.

Illuminated single-faced wall signs provided that no portion of any sign shall project above a canopy, eave line or parapet wall of a building. Such wall signs shall not exceed a combined sign display area of one square foot for each linear foot of building frontage, or portion thereof, involved. For each additional setback of ten feet in excess of the minimum setback requirements of the zoning district, the permitted sign area may be increased one square foot. The determination of permitted sign area shall be in accordance with the following standards:

a.

Building frontage includes frontage whereon a public entry to the business is located. Separate calculations may be made for front and side entrances, and separate wall signs may be placed on each of these frontages. Where no public entry is provided on a side of the building, an additional wall sign not exceeding thirty square feet in area may be placed on the side wall.

b.

In cases where a business has a rear parking area together with a rear public entry, signs may be located on the rear wall of the building subject to the standards set forth for the front of the building, provided that illuminated signs shall be designed having an intensity and/or arrangement that will not create glare or a disturbance for abutting residential properties.

2.

One illuminated monument sign per lot or parcel for businesses having direct frontage on a public street and not located within a multi-tenant shopping center building. The monument sign shall be located within a landscaped planter area and set back a minimum of five feet from the public right-of-way. The maximum sign area shall not exceed thirty-two square feet and the overall height shall not exceed eight feet above grade. When more than one business is located on a lot or parcel having direct frontage on a public street, one additional monument sign may be permitted provided that the minimum distance between monument signs shall be forty feet and not more than two such signs located on one lot or parcel. A modification of the sign standards set forth in this subsection may be granted without a variance, subject to planning commission approval of sign plans and elevations.

3.

The following additional signs pertaining to commercial shopping centers are permitted:

a.

As the term relates to this subsection, "shopping center" refers to an area of not less than five acres net in size, under one ownership, and developed with multiple commercial uses.

b.

One illuminated double-faced freestanding sign indicating the name of the shopping center or the major tenants shall be permitted, provided that the maximum sign area shall not exceed fifteen square feet for each one acre of land developed for a shopping center use. The total combined sign area of the freestanding sign shall not exceed three hundred square feet and the overall height shall not exceed forty feet above grade. The shopping center sign may include a directory of businesses located within the shopping center, provided that the combined sign area does not exceed three hundred square feet. The shopping center sign shall be located within a landscaped planter area and shall be set back a minimum of five feet from the public right-of-way.

c.

For shopping centers of ten acres net or more in size having frontage on two or more public streets, one additional shopping center sign may be permitted subject to the standards set forth in subdivision 3b of this subsection, provided that not more than one such sign is located on each street frontage.

4.

The following signs pertaining to automobile service stations are permitted:

a.

Not more than two illuminated wall signs are permitted for each automobile service station identifying the business or advertising the merchandise or services available within the service station, provided that each sign shall not exceed thirty-six square feet in area and not exceed an overall height of twenty feet when placed on the building or canopy.

b.

One monument sign may be permitted for each service station subject to the standards set forth in subdivision 2 of this subsection.

c.

Fuel pricing signs as required or authorized by state law and local ordinances for automobile service stations.

5.

Window signs, commerical and noncommercial, provided that the total area of the displayed window signs shall not exceed fifty percent of the total window area for the front building elevation and side building elevations facing a public street, and twenty-five percent of the total window area on all other building elevations. The placement of window advertisement signs is exempt from the requirement of a sign permit.

6.

Temporary banners, flags, pennants or signs (portable or otherwise) intended to be displayed to advertise an initial opening of a business, change in ownership, special merchandise sales or promotional activities, subject to approval of a temporary sign permit by the planning division and payment of a sign permit fee determined by resolution of the city council. The display of such temporary signs shall not exceed a total of thirty days within any ninety-day period. All approved temporary advertising displays shall be maintained in good condition and all display surfaces kept clean. Any unmaintained or damaged signs shall be repaired or replaced within ten days following notification by the planning division. Noncompliance with such a request will constitute a zoning violation and will be enforced under the provisions of this code.

H.

Permitted Signs—C-2, C-3 and C-M Commercial Zones. All signs specifically enumerated in subsection G of this section for the C-1 and C-lA zoning districts are permitted in the C-2, C-3 and C-M zones, with the following exceptions:

In lieu of a monument sign permitted in subsections (G)(2) and (4)(b) of this section, one freestanding sign per lot or parcel may be permitted provided that the maximum sign area shall not exceed forty square feet and the overall height shall not exceed twenty feet above grade. Freestanding signs shall be set back a minimum of five feet from the public right-of-way. Any sign in excess of eight feet in height shall be located a minimum of one hundred feet from abutting properties within a residential zoning district. A freestanding sign shall not be placed closer than forty feet from another existing freestanding sign.

I.

Permitted Signs—M-1, M-2 and PID Manufacturing and Industrial Zones. Signs are permitted within the M- 1, M-2 and PID manufacturing and industrial zones subject to the following provisions:

1.

2.

For properties within the M-1 and M-2 zoning districts, one freestanding sign per lot or parcel may be permitted subject to the standards for commercial freestanding signs set forth in subsection H of this section, provided that the size of the sign may be increased to allow a maximum sign area of eighty square feet with a maximum height of twenty-five feet above grade.

3.

For properties within the PID zoning district, freestanding signs are not permitted. One monument sign may be permitted for each lot or parcel subject to the standards set forth in subsection (G)(2) of this section.

4.

Window signs, commercial and noncommerical, provided that the total area of the displayed window signs shall not exceed fifty percent of the total window area for the front building elevation and side building elevations facing a public street, and twenty-five percent of the total window area on all other building elevations. The placement of window advertisement signs is exempt from the requirement of a sign permit.

5.

J.

Permitted Signs—Off-Site Advertising Structures (Billboards). Except as permitted pursuant to a relocation agreement as defined in Section 18.102.080, off-site advertising structures are permitted only within the C- 3 and C-M commercial zones and the M-1 and M-2 manufacturing zones subject to the following provisions:

1.

Maximum sign area shall not exceed three hundred square feet per display face, with a maximum of two display faces parallel to one another allowed per sign structure.

2.

Maximum overall height of the sign structure shall not exceed twenty-five feet above grade.

3.

Sign structures shall be set back a minimum of five feet from the public right-of-way.

4.

No sign structure shall be placed less than one thousand feet from another existing off-site advertising (billboard) sign structure, measured in a straight line distance.

5.

No sign structure shall be located so that its side edge is less than one hundred feet or its front face or back face is less than five hundred feet from any residential zoning district.

6.

No sign structure shall be placed within five hundred feet from any property used as a public park, school, cemetery or church, regardless of the zoning district.

7.

No sign structure shall be located within five hundred feet from the centerline of any freeway or parkway, as defined in the Streets and Highways Code of the State of California.

8.

All signs shall be built on steel beams with a maximum of two beams permitted for ground support per sign structure.

K.

Permitted Signs—Freeway-Oriented Business Signs for Commercial and Industrial Uses Within the Rialto Gateway Specific Plan Area. Notwithstanding the provisions of Section 18.102.060(J), multi-tenant freewayoriented business signs may be allowed along the north side of the Interstate 10 freeway within the Rialto Gateway Specific Plan area to be visible by the motoring public traveling in both directions along the freeway. The height and mass of the existing freeway trees in this area adversely impact and limit the advertising alternatives for freeway-oriented businesses within the Rialto Gateway. It is the expressed intent

of the city council to promote business opportunities by allowing multi-tenant freeway-oriented signs to identify the Rialto Gateway area with signage having sufficient height and size to be visible above the trees, subject to the following conditions:

1.

The sign structure shall be designed to distinctly identify the Rialto Gateway area and provide space for a maximum of five individual business signs. The maximum height of the upper-most business sign shall not exceed one hundred feet above grade, and the overall height of the entire sign structure shall not exceed one hundred twenty feet above grade. The planning commission may reduce the overall height of the sign if it is determined that a reduced height will provide adequate visibility without being obscured by the freeway trees in the area.

2.

The total combined area of all business signs shall not exceed one thousand square feet and the maximum sign area of any single business sign shall not exceed five hundred square feet.

3.

The design and location of the sign structure shall be reviewed and approved by the planning commission prior to the issuance of a building permit for the sign.

==> picture [432 x 565] intentionally omitted <==

(Ord. 1286 § 1, 1999; Ord. 1276 § 4, 1998; Ord. 1260, 1997; Ord. 1234 (part), 1995: Ord. 1203 § 1, 1993; Ord. 1157 § 1 (part), 1991; Ord. 1122 § 2, 1990; Ord. 917 (part), 1984)

(Ord. No. 1635, § 2, 3-10-20)

18.102.070 - Nonconforming signs.

Intent of Provisions. It is the intent of this section to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this chapter is as important as is the prohibition of new signs that would violate these regulations.

B.

General Requirements. In accordance with the provisions of Chapter 2.5 (commencing with Section 5490) of the State Business and Professions Code, no nonconforming sign shall be compelled to be removed or abated, and its customary maintenance, use or repair shall not be limited without the payment of fair and just compensation to the owner of the sign as prescribed by state law, unless the sign meets any of the following criteria:

1.

The sign was erected without first complying with all ordinances and regulations in effect at the time of its construction and erection and use;

2.

The sign was lawfully erected but whose use has ceased, or the structure on the site has been abandoned by its owner or user, for a period of not less than ninety days. Costs incurred in removing an abandoned sign display may be charged to the legal owner;

3.

The sign has been more than fifty percent destroyed, and the destruction is other than facial copy replacement, and the display cannot be repaired within thirty days from the date of destruction;

4.

The owner of the sign, outside of a change of copy, requests permission to remodel the sign display; or to expand or enlarge the building or land use upon which the sign is located, and the sign display is affected by the construction, enlargement or remodeling; or the cost of construction, enlargement or the remodeling of the sign display, exceeds fifty percent of the cost of reconstruction of the building;

5.

The owner of the sign requests relocation of the sign display;

6.

The sign is a temporary advertising display;

7.

The sign has or may become a danger to the public or which is otherwise unsafe;

8.

The sign display constitutes a traffic hazard not created by relocation of streets and highways or acts by the city;

9.

The sign is an advertising display which has been unlawfully placed or erected within the public right-ofway;

10.

The sign display contains any flashing or rotating features, which may be required to be removed from the sign display without compensation to the owner.

C.

No new sign shall be approved for a site, structure, building or use that contains nonconforming signs unless such nonconforming signs are removed or modified to conform with the provisions of this chapter.

(Ord. 917 (part), 1984)

18.102.080 - Off-site advertising structure pursuant to 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 outdoor advertising displays 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 outdoor advertising displays in the form of digital outdoor advertising displays; and to eliminate the need for the city to pay compensation for removal of existing outdoor advertising displays to accommodate a public project.

A.

Content. Each relocation agreement shall contain, at a minimum, the following information:

1.

Identification of the location of the relocated off-site advertising structure(s) and, if removal of further offsite advertising structure sign area is required, off-site advertising structure(s) being permanently removed; and

2.

Conceptual design drawings for the off-site advertising structure(s), including, but not limited to, sign area and dimensions, materials, and colors.

B.

Review Process. All relocation agreements shall be reviewed and approved by the city council after review and consideration by the planning commission. The following findings must be made by the city council in

order to approve a relocation agreement:

1.

The proposed agreement is consistent with the goals, objectives, and purposes of the City of Rialto.

2.

The proposed relocation site is compatible with the uses and structures on the site and in the surrounding area.

3.

The proposed relocation agreement contributes to the reduction of visual clutter in the city by one or more of the following methods:

a.

Decreasing the number of existing off-site advertising structures;

b.

Reducing the total advertising square footage within the city;

c.

Promoting activities of city-wide benefit and interest or generates significant revenue for the city; or

d.

In the case of relocations to accommodate a public project, the agreement serves the public interest by eliminating the need for public fund expenditure.

4.

The proposed off-site advertising structure would not create a traffic or safety problem with regard to onsite access circulation or visibility.

5.

The proposed off-site advertising structure would not interfere with onsite parking or landscaping required by city ordinance or permit.

6.

The proposed off-site advertising structure would not otherwise result in a threat to the general health, safety and welfare of city residents.

C.

Status of Existing Off-site Advertising Structure. Only off-site advertising structures that comply with the city's municipal code or that are legal non-conforming outdoor advertising displays as of the date of adoption of this section are eligible to be relocated pursuant to a relocation agreement.

D.

Placement of Relocated Off-site Advertising Structure. Relocated off-site advertising structures may be located in zoning districts as determined on a case by case basis through the permitting process.

E.

Permits Required. Subsequent to the approval of a relocation agreement by the city council, the off-site advertising structure and/or property owner shall file an application for a sign permit to relocate or reconstruct the off-site advertising sign structures as authorized by the relocation agreement, pursuant to the provisions of Section 18.102.040.

F.

Non-Conforming Off-site Advertising Structure. Any non-conforming outdoor advertising display relocated or reconstructed pursuant to an approved relocation agreement shall no longer be considered nonconforming for purposes of this code.

(Ord. No. 1635, § 3, 3-10-20)

Chapter 18.103 - VEHICLE WRECKING, STORAGE AND DISMANTLING

Sections:

18.103.010 - Findings. ¶

The city council of the city finds and declares that:

A.

The establishment, conduct, operation and maintenance of vehicle dismantling facilities, and their associated dismantling, storage, buying and selling of inoperable vehicles and parts therefrom, disposal, or recyclable operations (hereinafter dismantling facility or dismantling facilities) in areas adjacent to city streets and roadways within the city limits should be controlled in order to promote and protect the health and safety of the traveling public, to protect the public investment in such streets and roadways, and to preserve the natural beauty of areas adjacent to such streets and roadways.

B.

Motorists can be distracted by unscreened dismantling facilities adjacent to city streets and roadways, and such distractions constitute a hazard to the safety of the traveling public.

C.

The establishment, conduct, operation and maintenance of dismantling facilities require that safety and environmental performance standards be strictly maintained to reduce the potential for harm or injury to the citizens or their property, to promote the general welfare, and to promote the health and safety of public safety personnel who may, at any time, be called upon to render emergency service to such establishments in the event of wind, flood or earthquake, or other common disaster, or in the event of accident or fire.

Now, therefore, based upon the above findings, the city council adopts the ordinance codified in this chapter regulating the location and operating activities of dismantling facilities.

(Ord. 1259 § 1 (part), 1997)

18.103.020 - Purpose.

The purpose of this chapter is to provide minimum requirements to establish, operate, conduct and maintain a dismantling facility within specified zones in the city. Further, to provide general requirements for dismantling operations in order to protect the health and safety of the motoring public, and to manage the environmental effects of dismantling facilities within the city.

(Ord. 1259 § 1 (part), 1997)

18.103.030 - Definitions.

As used in this chapter:

"Dismantling facility" means any establishment or place of business established, maintained, conducted and operated by an "automobile dismantler," as such person is defined in Section 220 of the California Vehicle Code, as it may be amended from time to time. This definition includes, but is not limited to, auto wreckers, auto dismantlers, truck dismantlers, auto wrecking yards, vehicle salvage yards, vehicle wrecking yards, auto recycling yards, used auto parts yards, and/or the temporary storage of vehicle bodies and parts awaiting disposal to salvage facilities as a normal part of a business operation, and includes the definition of automobile wrecking contained in Section 18.04.130 (zoning—definitions) of this code.

"Recyclable unit" means all or portions or fragments of copper, brass, batteries, rubber debris, tires, petroleum waste, dismantled, wrecked, or inoperable motor vehicles, or parts thereof, iron, steel and other portions or fragments of ferrous or nonferrous material obtained from vehicles.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a public street, roadway or highway, including, but not limited to automobiles, trucks, tractors, trailers, and other motorized vehicles intended for use or operation upon public streets, roadways or highways and that may be registered with the Department of Motor Vehicles.

"Visible" means capable of being seen without visual aid by a person of normal visual acuity while driving, standing or walking on a city street or roadway or any part of the public right-of-way.

Vehicles, vehicle bodies, parts, chassis and recyclable units will not be accumulated, stacked or stored in excess of the height of the enclosing wall, unless such vehicles, vehicle bodies, parts, chassis or recyclable units are accumulated, stacked or stored on racks or in bins, or within an enclosed building, or are accumulated, stacked or stored not less than twenty-five feet from the enclosing wall. No storage of

vehicles, vehicle bodies, parts, chassis or recyclable units shall be permitted outside of the enclosing wall, unless within an enclosed building. No tools, equipment, stored vehicles, vehicle bodies, parts, chassis, or recyclable units or debris shall be visible through the enclosing wall other than storage areas specifically permitted in an approved CDP, pursuant to review of the visual analysis required by subsection A1b of this section.

2.

All dismantling of vehicles, drainage of fluids, processing of vehicle parts, and storage of recyclable units or parts will be accumulated, stored or stacked so that no recyclable unit or part is touching a pervious ground surface, with the exception that whole bodies or parts of vehicles which have been drained of fluids and other hazardous liquid materials may be stored on pervious ground surfaces. All such dismantling, processing and storage activities, other than the storage of whole bodies or parts of vehicles which have been drained of fluids and other hazardous liquid materials, shall be conducted upon an impervious surface of asphaltic concrete, asphalt, or other impervious surfacing material which is approved in advance by the city engineer. Such surfaces shall be effective in protecting soil and groundwater from contamination of spilled or drained fluids. Adequate drainage, including retention basins, may be required as determined by the city engineer.

3.

All dismantling facilities shall be established, maintained, operated and conducted at all times in accordance with a fire access plan approved by, and in accordance with the requirements of the Rialto fire department. No storage, dismantling or recycling will be conducted in or upon any fire access lanes or fire access routes, except that such routes or lanes may be used to provide ingress and egress to any stored vehicles, vehicle bodies, parts, chassis or recyclable units, and to provide transportation routes to other locations within the dismantling yard. Except as specifically provided in this chapter, such lanes and routes shall be kept clear of all wrecked vehicles, vehicle bodies, parts, chassis or recyclable units at all times.

a.

Fire hydrants and water supply lines will comply with regulations adopted by the Uniform Fire Code for onsite fire protection, and to the requirements of the Rialto fire department.

b.

Portable fire extinguishers shall be placed upon the premises as approved by and directed by the Rialto fire department. Such portable fire extinguishers shall be kept in good operating condition at all times, and shall be certified annually.

4.

The storage of materials within dismantling facilities shall be so arranged that inspection or access to all parts of the premises can be had at any time by fire, health, environmental, police, and building and safety authorities.

Dismantling facilities shall be established, maintained, operated and conducted with adequate security lighting installed upon the premises in accordance with the requirements of the department of development services or as provided by the planning commission as part of the required CDP.

6.

Adequate customer and employee parking shall be provided upon the premises of the dismantling facility in accordance with Chapter 18.58 (Off-Street Parking) of this code.

a.

No repair to any vehicle shall take place on any parking space unless such space is within an enclosed building, wall or fence, causing such repair activity to not be visible from the street, roadway or public rightof-way. If vehicle repair is to be conducted onsite, a specific area for such activities shall be designated on the required CDP.

7.

Dismantling facilities shall comply with the following environmental performance standards:

a.

Air Quality. Any operation which might cause smoke, dust, dirt, fly ash, charred paper, soot, grime, vapors, or other forms of air pollution or which can cause the soiling on other properties shall have the source of the contaminant muffled or controlled in a manner that will conform to the requirements of the South Coast Air Quality Management District.

b.

Electrical or Electronic Interference. Dismantling facilities shall not cause any source of electrical or electronic interference that adversely affects the operation of any equipment on any other parcel of real property, and which is not in conformance with the regulations of the Federal Communications Commission.

c.

Light and Glare. Unless intended as a part of a master lighting plan approved by the planning commission, no operation or activity, or any lighting fixture shall create illumination on any adjacent property or public street in excess of 0.5 footcandles, whether the illumination is direct or indirect light from the source. Glare levels shall be measured with a photoelectric photometer, following standard spectral luminous efficiency curves adopted by the International Commission on Illumination.

d.

Liquid and Solid Waste. All discharges of materials into any public or private street, storm drain, stream, body of water, or into the ground shall be in accordance with the adopted standards of the California Department of Health Services, Santa Ana Regional Water Quality Control Board, applicable NPDES permit, and the requirements of other governmental agencies having legal jurisdiction, in order to avoid

contaminating water supplies, interfering with bacteriological processes in sewage treatment plants or otherwise creating a public health hazard.

i.

Refuse bins shall be provided in sufficient number and at convenient locations for regular refuse pickup, as approved by the department of community services. Other than trash cans located for the convenience of visitors and employees, all refuse shall be deposited into automatically closing bins, which shall be maintained in good working order.

ii.

Refuse storage areas shall not be used for storage of vehicle bodies, parts or recyclable units, and shall be maintained in a neat and orderly condition at all times.

e.

Maintenance of Open Areas. All open areas shall be landscaped, paved or treated pursuant to an approved CDP, and shall be maintained permanently in a dust free condition.

f.

Noise. No dismantling facility shall cause an exceeding of the following noise standards:

Table A

Noise Performance Standards (in dB)

Afected Land Use Receiving Noise	Allowable Noise Level
Residential/churches/schools	55 dBA (7:00 a.m.—10:00 p.m.)
	45 dBA (10:00 p.m.—7:00 a.m.)
Professional services	55 dBA all hours
Commercial	60 dBA all hours
Industrial	70 dBA all hours

Dismantling facilities shall not operate or permit to be operated any source of sound which causes the noise level, when measured at the property line, to exceed the following:

i.

The allowable noise level of the receiving land use specified in the above table for a cumulative period of thirty minutes or more in any hour;

ii.

The noise standard of the receiving land use as specified in the above table plus 5 dBA for a cumulative period of fifteen minutes or more in any hour;

iii.

The noise standard of the receiving land use as specified in the above table plus 10 dBA for a period of five minutes or more in any hour;

iv.

The noise standard of the receiving land use as specified in the above table plus 15 dBA for a period of one minute or more in any hour;

v.

The noise standard of the receiving land use as specified in the above table plus 20 dBA at any time.

g.

Odors. Dismantling facilities shall not emit gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable to a level that is detectable with or without the aid of instrumentation at or beyond the property line. Dismantling facilities shall conform to the applicable requirements of the South Coast Air Quality Management District.

h.

Vibration. Dismantling facilities shall not cause a steady state, earth-borne oscillation that is continuous and occurring more frequently than one hundred times per minute, beyond the property line. Ground vibration caused by operating vehicles and equipment moving about on the site, as well as by temporary construction or demolition pursuant to a valid permit approved by the city shall be exempt from this requirement.

i.

Water Quality. All runoff from storage, processing, repair and parking areas shall be drained so as to prevent groundwater and surface water contamination by fuel, oils, automotive fluids and solvents.

i.

In addition to the requirements of Section 18.103.070A2, drainage or removal of petroleum, gasoline, oil, or other flammable liquid, antifreeze, radiator water, brake, transmission or other hazardous fluids from any vehicle, part or recyclable unit located on the premises shall be in accordance with all applicable local, state, federal laws, codes and regulations.

ii.

All hazardous wastes, as defined by the Environmental Protection Agency of the federal government or state of California or any local agency, shall be adequately and properly stored, maintained and removed from the property in accordance with all applicable laws, code, and regulations.

(Ord. 1259 § 1 (part), 1997)

18.103.080 - Cumulative nature of remedies. ¶

The remedies provided for in this chapter are cumulative and not exclusive of any other remedies provided by law.

(Ord. 1259 § 1 (part), 1997)

18.103.090 - Appeal. ¶

Any order, requirement, decision, determination, interpretation or ruling made by the planning commission or the Rialto property maintenance hearing board in the administration or enforcement of the provisions of this chapter may be appealed therefrom to the city council by any person aggrieved, or by an officer, board, department or bureau of the city pursuant to the provisions contained in Chapter 18.68 (Appeals) of this code.

(Ord. 1259 § 1 (part), 1997)

18.103.100 - Penalty for noncompliance. ¶

Every person who violates any provision of this chapter is guilty of a misdemeanor and may be imprisoned for a period not to exceed six months, or subject to a fine not to exceed one thousand dollars, or both such fine and imprisonment.

(Ord. 1259 § 1 (part), 1997)

18.103.110 - Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid, such provision shall be deemed a separate, distinct and independent provision; such decision shall not affect the validity of the remaining portions thereof.

(Ord. 1259 § 1 (part), 1997)

Chapter 18.104 - OUTDOOR STORAGE USES[[10]]

Footnotes:

--- ( 10 ) ---

Editor's note— Ord. No. 1654, § 3, adopted January 26, 2021, amended Chapter 18.104 in its entirety to read as herein set out. Former Chapter 18.104, §§ 18.104.010—18.104.050, pertained to similar subject matter, and derived from Ord. No. 1573, adopted September 27, 2016.

18.104.010 - Purpose. ¶

This section establishes requirements for the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers,

and other equipment. The purpose of these regulations is to provide adequate and convenient areas for outdoor storage and display of materials, merchandise, and equipment in industrial zones. The intent of these regulations is to minimize visual impacts to adjacent properties and public rights-of-way and to protect public health, safety and welfare due to the over development of these storage intensive facilities within the City of Rialto by controlling the number, size, and location of these facilities.

(Ord. No. 1654, § 3, 1-26-21)

18.104.015 - Definitions. ¶

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

"Outdoor storage use" means establishments that engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment.

"Truck yard" is a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping motor trucks, tractors, bobtails, and associated equipment together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews.

(Ord. No. 1654, § 3, 1-26-21)

18.104.020 - Applicability. ¶

The requirements of this chapter shall apply to the establishment or modification of all outdoor storage in zoning districts in which the use is permitted, pursuant to Section 18.66.030. This chapter shall not apply to existing uses or pending applications as of the effective date of the ordinance codified in this chapter. The continuation of existing outdoor storage uses shall be subject to the regulations and guidelines of Chapter 18.60, Non-conforming Uses of the Rialto Municipal Code.

(Ord. No. 1654, § 3, 1-26-21)

18.104.025 - Locational provisions. ¶

A.

Screen walls shall not be located within any required front yard or street side yard building or landscape setback area.

All stored items, including trucks and trailers within truck parking areas, shall not exceed eight feet in height unless a taller wall up to fourteen feet is provided to effectively screen along street frontages. The minimum height of screen walls shall be eight feet and the maximum height shall be fourteen feet.

4.

Solid walls surrounding outdoor storage uses that either at grade or are above the grade of an adjacent street shall incorporate a berm/slope along the entire length of the wall that ensures that no more than eight feet of the wall is visible from public view. The maximum slope shall not exceed a 4:1 ratio.

5.

A combination of eight-foot tall fencing and a five-foot wide landscaping planter may be provided in lieu of solid screening walls along the side and rear property lines in areas where the site is not visible to the public. A combination of trees and shrubs shall be provided to ensure adequate screening.

6.

Access gates and doors may be constructed of open wrought iron if a perforated metal screen or other durable material is incorporated into the design that obscures views through the gate.

7.

Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.

8.

A line-of-sight analysis clearly demonstrating that all registered vehicles proposed to be located in the storage area(s) are screened from view from all adjacent public rights-of-way at all times shall be required with all proposals and/or applications. For the purpose of the line-of-sight analysis, the assumed height of the vehicles to be stored shall be fourteen feet and six inches. To meet this requirement, storage areas shall be set back from required screening walls to provide the required line-of-sight clearance for screening. Storage areas which have been set back to provide the required line-of-sight clearance for screening shall be identified on the site plan and shall be marked and maintained at all times in a manner consistent with the site plan.

D.

Landscape Standards.

1.

All outdoor storage uses shall incorporate a minimum fifteen-foot deep landscaped setback along all street frontages with a combination of trees, shrubs, and groundcover. Parking of motor vehicles is not permitted within the required setback area.

2.

All outdoor storage uses shall provide a minimum ten-foot wide landscape planter at the base of any buildings and screening walls that are visible from and face street frontages. Planting within these planters

shall consist of a combination of small to medium scale trees, shrubs, and groundcover vegetation to soften the edge of the building or screen wall.

3.

Trees shall be planted every thirty linear feet within all landscape planters on-site. Two rows of trees shall be provided within all landscape setbacks adjacent to public streets. A minimum of fifty percent the trees onsite shall consist of evergreen broadleaf tree species to ensure year-round coverage.

4.

Shrubs and groundcover vegetation shall be planted an average of three feet on-center or less, or as recommended for the species. Shrubs and groundcover vegetation species shall be selected and plotted to ensure a layering of landscaping from shorter to taller.

E.

Security Standards.

1.

All outdoor storage uses shall be secured and incorporate security cameras that are connected to the city's enforcement system to the satisfaction of the police chief.

2.

All outdoor storage uses shall be illuminated entirely every night, from dusk until dawn, with a minimum of one foot candle across the site. Light fixtures shall be arranged or shield so as not to spill light onto neighboring properties.

F.

Operational Standards for Truck Yards.

1.

An operations and truck route plan shall be submitted for review and approval as part of the conditional development permit application. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, types of items to be stored at the site, and the proposed truck routing to and from the facility to designated truck routes that avoids passing residential, educational, park and open space intended for public park and recreational use areas to the greatest extent feasible. The plan shall also include physical and operational measures for preventing truck queuing, stopping, and parking on public streets.

2.

A property maintenance program shall be submitted for review and approval as part of the conditional development permit application. The program shall provide for the regular maintenance of building structures, landscaping, and paved surfaces in good physical condition and appearance. The methods and maximum intervals for maintenance of each component shall be specified in the program.

(Ord. No. 1654, § 3, 1-26-21; Ord. No. 1688, § 3, 9-26-23)

18.104.035 - Performance standards. ¶

A.

Outdoor storage is subject to all applicable fire, health, safety, and building regulations.

B.

Outdoor storage shall not impede the growth or maintenance of required landscaping.

C.

Storage is permitted in required side and rear yards. Storage is not permitted in required front or street side yards.

D.

Caretaking units shall be permitted, provided that the units do not rely on street parking.

E.

All areas of the establishment or facility shall be maintained in good repair, in a clean, neat and orderly condition.

F.

New or modified truck yards shall route all vehicles associated with the use (trucks, vans, passenger vehicles, etc.) on roadways that avoid passing residential, educational, park and open space intended for public park and recreational use areas to the greatest extent feasible.

G.

The following measures shall be included as performance measures and standard conditions of approval for all truck yards:

1.

The queuing of trucks on streets or elsewhere outside of facility shall be prohibited. The site shall be designed to accommodate all queuing, stacking, loading, unloading, and parking shall occur completely on-site.

2.

The operator of the outdoor storage use shall be responsible for implementing and monitoring an operations and truck route plan during all operations, including, but not limited to posting the plan and educating truck drivers on the approved routes.

3.

Truck yard facilities shall not store any products, goods, materials, or containers outside of any building onsite, except for trucks and trailers associated with the truck yard facility, unless such storage is permitted through a conditional development permit in accordance with this chapter.

4.

Truck drivers shall not sleep or reside within any truck cab on-site overnight or for any other extended duration of time.

5.

Operators shall address any parking, traffic, noise, or safety issues within forty-eight hours of being notified by the city that an issue exists.

6.

Prior to the issuance of a certificate of occupancy (C of O) and business license, the tenant or operator of a truck yard facility shall: 1) submit an operational plan and trip generation analysis prepared by a licensed traffic engineer for review and approval demonstrating the proposed operations and projected traffic associated with the new tenant or operator is the same or less than the projected traffic assumed in the approved entitlements for the facility; and 2) sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility. If the proposed operations and trip generation represent a significant change in operational characteristics or more than ten percent increase in trip generation beyond what was entitled, a modification to the conditional development permit shall be required prior to the start of operations.

7.

The property owner and/or operator shall be responsible for implementing the approved property maintenance program and maintaining the property in good physical condition.

8.

All vehicles stored on the premises shall have a valid vehicle registration from the state of California or other similar government entity and shall be maintained in an operable condition at all times.

9.

Fire hydrants shall be required to the satisfaction of the fire department.

10.

Vehicles stored on the premises shall not themselves be used as storage containers to store materials in them. With prior 72 hour written notice to the property and/or business owner, any and all stored vehicles shall be open to inspection for the purpose of enforcing this provision.

11.

To provide adequate space dimensions to accommodate the movement of large vehicles on the site, the minimum lot width of 200 feet and a minimum lot depth of 200 feet. Irregular or unusually shaped lots may

require additional minimums to meet the intent of this regulation, as shall lots with unusual, irregular, or severe topographic features or changes.

12.

Maintenance or vehicle repair is not permitted at the premises unless otherwise separately allowed and approved under a separate conditional use permit.

(Ord. No. 1654, § 3, 1-26-21; Ord. No. 1688, § 3, 9-26-23)

18.104.040 - Exemptions.

A.

Exempt Uses. The following uses shall be exempt from the provisions and requirements of this chapter:

1.

Vehicle, boat, and recreational vehicle dealerships;

2.

Temporary seasonal displays (e.g. Christmas tree lots, pumpkin patch lots, etc.); and,

3.

Ancillary outdoor display by indoor retailers.

(Ord. No. 1654, § 3, 1-26-21)

18.104.050 - Building, grading, or electrical permits and enforcement. ¶

A building, grading or electrical permit shall not be issued for any outdoor storage or display use unless a conditional development permit and a precise plan of design are approved by the city. No outdoor storage use, including truck yards, shall be conducted on any site without the approval of all necessary entitlement applications, the issuance of all required permits, and the completion of all required site improvements.

(Ord. No. 1654, § 3, 1-26-21)

Chapter 18.105 - ADULT USE REGULATIONS

Sections:

18.105.010 - Purpose. ¶

It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult uses in close proximity to each other or proximity to other incompatible uses such as schools, religious institutions, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult uses causes an increase in the

number of transients in the area and an increase in crime, and in addition to the effects described above can cause other uses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult uses or their close proximity to incompatible uses, while permitting the location of adult uses in certain areas.

The purpose of this chapter is to provide reasonable and uniform operational and development regulations regulating the time, place and manner of the operation of adult use facilities in order to minimize the negative secondary effects associated with such facilities.

(Ord. 1273 § 3 (part), 1998)

18.105.020 - Definitions. ¶

A.

In addition to the definitions contained in this code, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of this code, these definitions shall prevail:

1.

"Administrator" means the city administrator and/or his or her designee;

2.

"Adult arcade" means any business establishment or concern to which the public is permitted or invited and where coin or slug operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas."

3.

"Adult bookstore" means any business establishment or concern having as a regular and substantial portion of its stock in trade, "material" (as defined below) which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."

4.

"Adult use" or "adult business" means:

a.

Any business establishment or concern which as a regular and substantial course of conduct operates as an adult bookstore, adult theater, adult arcade, adult cabaret, adult motel or hotel; or

Any business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes adult oriented merchandise or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," but not including those uses or activities which are preempted by state law.

5.

"Adult cabaret" means a nightclub or other business establishment or concern (whether or not serving alcoholic beverages) which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, and where such performances are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

6.

"Adult hotel/motel" means a hotel or motel, as defined in this code, which is used for presenting on a regular and substantial basis "material" which is distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas" through closed circuit or cable television or through videotape recorder where video tapes are provided by the hotel/motel.

7.

"Adult oriented merchandise" means sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, ben wa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

8.

"Adult theater" means a theater or other commercial establishment with or without a stage or proscenium which is used for presenting on a regular and substantial basis, "material" which is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to "specified sexual activities" or "specified anatomical areas."

9.

"Arcade booth" means any enclosed or partially enclosed portion of an establishment in which an adult arcade is located, or where a live performance is presented, on a regular or substantial basis, where the material presented is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to "specified sexual activities" or "specified anatomical areas."

10.

"Establishment of an adult use" means and includes any of the following:

The opening or commencement of any adult use as a new use;

b.

The conversion of an existing use, whether or not an adult use, to any adult use defined herein;

c.

The conversion of a vacant building for use as any adult use defined herein;

d.

The addition of any of the adult uses defined herein to any other existing adult use;

e.

The relocation of any adult use;

f.

The expansion of the square footage of an existing adult use by more than fifty percent.

11.

"Material" relative to adult uses, means and includes, but is not limited to, accessories, paraphernalia, books, magazines, photographs, prints drawings paintings motion pictures pamphlets videos slides tapes or electronically generated images or devices including computer software, or any combination thereof.

12.

"Park" means any property within the city which is used as a public park or is designated park on the General Plan Land Use Map.

13.

"Performer" means any person who is an employee or independent contractor of the adult use, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult use.

14.

"Religious institution" means a facility used primarily for religious assembly or worship and related religious activities.

15.

"Residential zone" means any property within the city which carries a zoning designation permitting the location of a residence, including and limited to A-l (agricultural), R-1A-10,000 (single-family residential), R- 1A (single-family residential) R-1B (single-family residential) R-1C (single-family residential) R-6,000 (single-

family residential), PRD-D (planned residential development-detached), MHD (mobile home development), PRD-A (planned residential development-attached), R-3 (multi-family residential), R-4 (multi-family residential) and in the Central Area Specific Plan any area with the zoning designation SFR (single-family residential), MFR (multi-family residential), and R-X (increased density residential). However, this does not include zones where a residence is permitted pursuant to a conditional use permit or other special permit.

16.

"School" means any institution of learning for minors whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education and has an approved use permit, if required, under the applicable jurisdiction. This definition includes a pre-school, nursery school, kindergarten, elementary school, junior high school, and senior high school. The definition of school does not include a vocational institution.

17.

"Specified anatomical areas" means:

1.

Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:

Human genitals, pubic region,

Buttock, or

Female breast below a point immediately above the top of the areola; or

2.

Human or simulated male genitals in a discernibly turgid state, even if completely and opaquely covered.

18.

"Specified sexual activities" means:

1.

Human genitals in a state of sexual stimulation or arousal; and/or

2.

Acts of human masturbation, sexual stimulation or arousal; and/or

Business License. A person shall not own, operate, manage, conduct or maintain an adult use without first having obtained a business license from the collector, as that individual is defined in Section 5.04.020(C) of

this code. The issuance or denial of the use license shall be made within fifteen days of the applicant's submitted application.

H.

On-Site Manager—Security Measures. All adult uses shall have a responsible person who shall be at least eighteen years of age, or twenty-one years of age if liquor is served, and shall be on the premises to act as manager at all times during which the use is open. The individual designated as the on-site manager shall be registered with the administrator by the owner to receive all complaints and be responsible for all violations taking place on the premises.

The adult use shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the parking lot areas during all use hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two feet by three feet and shall at a minimum be one foot by one and a half feet.

I.

Live Entertainment—Operating Requirements. The following additional requirements shall pertain to adult uses providing live entertainment. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of an adult use providing live entertainment unless each and all of the following requirements are met:

1.

No employee, owner, operator, responsible managing employee, manager or permittee of an adult use live entertainment business establishment shall allow any person below the age of eighteen years upon the premises or within the confines of that business establishment if no liquor is served, or under the age of twenty-one if liquor is served.

2.

No person shall perform for patrons of an adult use live entertainment business establishment except upon a fixed stage at least eighteen inches above the level of the floor.

3.

No performer shall dance with or otherwise be within six feet of a patron while performing for compensation or while on licensed premises. This six foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the performer and the patron(s)

4.

No owner, operator responsible managing employee, manager or permittee shall permit or allow at licensed premises any patron to approach within six feet of a nude performer or a performer displaying specified anatomical areas, or permit or allow a nude performer or a performer displaying specified anatomical areas whether or not performing to approach within six feet of a patron.

All nude performers or performers displaying specified anatomical areas other than while performing shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.

6.

If patrons wish to tip performers, receptacles shall be at least six feet from the stage or other area used by the performers. Patrons shall not throw tips to performers, nor provide tips directly to performers or place tips in the performers' costumes. When patrons are at the establishment, they shall not be allowed to directly touch, fondle or caress performers while they are performing with the intention to sexually arouse or excite. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier and if necessary by employees of the establishment.

7.

The adult use shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers' use.

8.

The adult use shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.

9.

The adult use shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult use shall provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers.

10.

Fixed rail(s) at least thirty inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.

(Ord. 1273 § 3 (part), 1998)

18.105.050 - Adult use development permit—Requirements.

A.

No adult use may be established within the city by right—all persons wishing to establish an adult use within the city must apply for and receive an adult use development permit under this chapter.

B.

It is the burden of the applicant to supply evidence to justify the grant of an adult use development permit.

C.

Any person desiring to establish an adult use within the city shall file with the administrator an adult use development permit application on a standard application form supplied by the planning division of the development services department.

(Ord. 1273 § 3 (part), 1998)

18.105.060 - Permit—Contents of application.

A.

The application must be signed by the property owner or lessee. If the application is signed by a lessee, a notarized statement signed by the property owner shall accompany the application. Proof of status is required.

B.

All applicants for an adult use development permit must also fill out the city's environmental package for purposes of complying with the California Environmental Quality Act ("CEQA").

Notice of the city council's decision and its findings shall be promptly mailed by first-class mail, postage prepaid and including a copy of an affidavit or certificate of mailing, to the applicant and interested person shall include direct notice that the time within which judicial review of the decision must be sought is governed by California Code of Civil Procedure Section 1094.6.

(Ord. 1273 § 3 (part), 1998)

18.105.110 - Permit—Expiration. ¶

Any adult use development permit approved pursuant to this chapter shall become null and void unless the proposed use is established within six months of the date from the approval. As to facilities that are a reuse of existing facilities, the adult use development permit shall become null and void unless the proposed use is established within six months from the date of approval unless prior to said expiration date the permittee

demonstrates to the satisfaction of the city's planning commission that it has a good faith intent to presently commence the proposed use. Such extensions shall not exceed a total of one six-month extension.

(Ord. 1273 § 3 (part), 1998)

18.105.120 - Permit—Approval criteria. ¶

A.

The commission or city council shall approve an application for an adult use development permit where the information submitted by the applicant substantiates the following findings:

1.

That the proposed use is located within (a) the R-C (retail commercial) and F-C (freeway commercial) zone of the Gateway Specific Plan; or (b) H-Ind (heavy industrial) of the Agua Mansa Specific Plan.

2.

That the proposed site is not located within a seven hundred fifty foot radius to any residential zone. The distance between the adult use or proposed adult use and a residential zone shall be measured between the nearest exterior wall of the proposed use, and the nearest property line included within the residential zone, along a straight line extended between the two points.

3.

That the proposed site is not located within a seven hundred fifty foot radius of a school or park. The distance between the adult use or proposed adult use and a park or school shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school or park site, measured along a straight line extended between the two points.

4.

That the proposed site is not located within a seven hundred fifty foot radius of a religious institution. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use along a straight line extended to the property line of the religious institution, measured along a straight line extended between the two points.

5.

That the proposed site is not located within a seven hundred fifty foot radius of any other adult use regulated under this chapter. Distances between uses shall be measured between the nearest exterior walls or such uses or proposed uses along the shortest route intended and available for public traverse between said uses.

That the proposed use complies with the objective site development standards for height, bulk, space, setback, landscaping signs and off-street parking of the underlying zoning district in which the property is located and complies with development and operating standards set forth in Section 18.105.040 of this chapter.

7.

That neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

B.

Any conditions imposed upon the permit shall be in keeping with the objective site development standards for height bulk, space setbacks landscaping signs and off-street parking of the underlying zoning district in which the property is located and in keeping with the development and operating standards set forth in Section 18.105.040 of this chapter.

(Ord. 1273 § 3 (part), 1998)

18.105.130 - Permit—Revocation. ¶

A.

Any permit issued pursuant to the provisions of this chapter may be revoked by the city on the basis of any of the following:

1.

That the use or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the approved plans and procedures described in the application, or which violates the occupant load limits set by the fire marshal;

2.

That the permittee has failed to obtain or maintain all required city, county, and state licenses and permits;

3.

That the permit is being used to conduct an activity different from that for which it was issued;

4.

That the permittee has misrepresented a material fact in the application for permit or has not answered each question therein truthfully or at the hearing on the issuance of the permit;

5.

That the building or structure in which the adult use is conducted is hazardous to the health or safety of the employees or patrons of the use or of the general public under the standards set forth in the Uniform

Building, Uniform Plumbing or Uniform Fire Code;

6.

That the permittee, if an individual, or any of the officers or general partners, if a corporation or partnership is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state as a sex or sex-related offense during the period of the adult establishment's operation; or

7.

That the use for which the approval was granted has ceased to exist or has been suspended for one year or more.

B.

Written notice of a hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least ten days prior to the hearing.

C.

The revocation hearing shall be heard by the commission. The commission shall not be bound by the formal rules of evidence at the hearing.

D.

The commission shall notice and conduct a public hearing, as prescribed in this code, on the proposed permit revocation.

E.

The commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's adult use development permit. Any additional conditions imposed upon the permit shall be in keeping with the objective site development standards for height bulk space setbacks, landscaping signs and off-street parking of the underlying zoning district in which the property is located the development and operating requirements set forth in Section 18.105.040 of this chapter.

F.

The commission's decision shall be in writing, and shall be hand delivered or mailed to the applicant.

G.

The commission shall make its decision within thirty days from the conclusion of the public hearing. The commission's failure to render such a decision within this time frame shall constitute a denial and be automatically appealed to the city council at no cost to the applicant.

H.

Any interested person may appeal the decision of the commission upon payment of the required fee to the city council in writing within fifteen days after the written decision of the commission in accordance with the provisions of Section 18.66.090 of this title.

I.

In the event a permit is revoked pursuant to this chapter, another adult use development permit to operate an adult use shall not be granted to the permittee, if an individual, or any subsidiaries or affiliates or any of the directors officers general partners, or agents thereof if a corporation or partnership within twelve months after the date of such revocation.

(Ord. 1273 § 3 (part), 1998)

18.105.140 - Violations. ¶

Any person who violates any section of this chapter shall be guilty of a misdemeanor and subject to a fine of five hundred dollars and/or imprisonment in the county jail for a period of up to six months or any other legal remedy available to the city.

(Ord. 1273 § 3 (part), 1998)

18.105.150 - Applicability to other regulations. ¶

The provisions of this chapter are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other articles of the zoning code, other city ordinances and state and federal law.

(Ord. 1273 § 3 (part), 1998)

18.105.160 - Conduct constituting a public nuisance. ¶

The conduct of any use within the city in violation of any of the terms of this chapter is found and declared to be a public nuisance, and the city attorney or the district attorney may in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof in the manner provided by law and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this chapter.

(Ord. 1273 § 3 (part), 1998)

18.105.170 - Severability. ¶

If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed and adopted this chapter, and each and all provisions hereof, irrespective of the fact that one or more provisions, either alone or as applied in connection with other provisions may be declared invalid

Percentage Moderate Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
---	---
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

Percentage Very Low Income	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
---	---
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

Percentage Moderate Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
---	---
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

Percentage Very Low Income	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
---	---
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35

Percentage Moderate Income Units	Percentage Density Bonus
10	5
11	6
12	7
13	8
---	---
14	9
15	10
16	11
17	12
18	13
19	14
20	15
21	16
22	17
23	18
24	19
25	20
26	21
27	22
28	23
29	24
30	25
31	26
32	27
33	28
34	29
35	30
36	31
37	32
38	33
39	34
40	35

Percentage Very Low Income	Percentage Density Bonus
10	15
11	16
12	17
13	18
14	19
15	20
16	21
17	22
18	23
19	24
20	25
21	26
---	---
22	27
23	28
24	29
25	30
26	31
27	32
28	33
29	34
30	35