Chapter 9.07 — RESIDENTIAL AND HILLSIDE RESERVE DISTRICTS

These zones are established to implement the Residential-Hillside Reserve, Rural Living, Residential Single-Family, and Residential Multi-Family land use designations of the general plan. The various designations are intended to provide a range of residential densities from Residential-Hillside Reserve lands constrained by topography to higher density Multi-Family designations. The standards, uses and densities allowed in these zones are intended to maintain a character consistent and compatible with residential neighborhoods. (Ord. 253, 12-16-2014)

• A. Residential-Hillside Reserve: The specific purpose of the Residential-Hillside Reserve Zoning District regulations and standards are to:

1. Provide for limited single-family residential development within hillside areas and similarly constrained areas and provide the greatest potential for open space preservation and managed animal keeping.

2. Provide adequate light, air, privacy, and open space for each dwelling unit and protect residents from harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental impacts.

3. Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment.

4. Ensure the provision of public services and facilities needed to accommodate planned population densities.

• B. Residential: The specific purpose for the Residential Zoning District regulations and standards are to:

1. Provide adequate light, air, privacy, and open space for each dwelling unit and protect residents from harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental impacts.

2. Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment.

3. Ensure the provision of public services and facilities needed to accommodate planned population densities. (Ord. 253, 12-16-2014)

• A. Residential-Hillside Reserve (R-HR): The R-HR Zoning District is established to provide areas for the development of hillside residential uses and similar and compatible uses and includes the following designations:

1. Residential-Hillside Reserve District (R-HR): One dwelling unit/twenty (20) acres. (Ord. 253, 12-16-2014) No more than one dwelling unit is allowed on each lot, except as otherwise provided in section 9.08.100, "Accessory Dwelling Units", of this article 2. (Ord. 253, 12-16-2014; amd. Ord. 281, 11-6-2018)

B. Rural Living Districts (RL): The RL Zoning Districts are established to provide areas for the development and preservation of residential uses, incidental agricultural uses, and similar and compatible uses. There are the following RL Residential Zones that provide a variety of living environments based upon the required minimum gross lot size.

1. Rural Living District (RL-10): One dwelling unit/ten (10) acres.

2. Rural Living District (RL-5): One dwelling unit/five (5) acres.

3. Rural Living District (RL-2.5): One dwelling unit/2.5 acres.

4. Rural Living District (RL-1): One dwelling unit/acre. (Ord. 253, 12-16-2014)

No more than one dwelling unit is allowed on each lot, except as otherwise provided in section 9.08.100, "Accessory Dwelling Units", of this article 2.

C. Single-Family Residential Districts (RS): The RS Districts are established to provide areas for the development and preservation of residential subdivisions consisting of detached residences and accessory uses compatible with the residential use of the zone and includes the following designations. There are the following Single-Family (RS) Residential Zones that provide a variety of living environments based upon the required minimum net lot size. No more than one dwelling unit is allowed on each lot, except as otherwise provided in section 9.08.100, "Accessory Dwelling Units", of this article 2. Required minimum lot sizes for each of the following zones are as follows: (Ord. 253, 12-16-2014; amd. Ord. 281, 11-6-2018)

1. Single-Family Residential District (RS-2): Two (2) dwelling units/acre.

2. Single-Family Residential District (RS-3.5): 3.5 dwelling units/acre.

3. Single-Family Residential District (RS-5): Five (5) dwelling units/acre.

D. Multi-Family Residential District (RM): The RM Zone is established to accommodate higher density, multistory residential development, with a focus on providing an intensity and function at locations within close proximity to recreation and community facilities and commercial services and includes the following designations:

1. Multi-Family Residential District (RM-4): Up to four (4) dwelling units/acre.

2. Multi-Family Residential District (RM-8): Up to eight (8) dwelling units/acre.

3. Multi-Family Residential District (RM-10): Up to ten (10) dwelling units/acre.

4. Multi-Family Residential District (RM-14): Up to fourteen (14) dwelling units/acre. (Ord. 253, 12-16-2014)

Table 2-3 of this section identifies the uses of land allowed by this Development Code in each Residential Zoning District established by chapter 9.05, "Zoning Districts And Zoning Map", of this article 2.

All uses listed in the following table are subject to the applicable standards of this Development Code and the permit requirements referenced in the "Notes And Other Regulations" column and in subsection 9.06.030B, "Permit Requirements", of this article 2.

Pursuant to subsection 9.06.030A3, "Similar And Compatible Use May Be Allowed", of this article 2, the Director may determine that a proposed use is permitted, provided that the Director makes the required findings that the proposed use is similar, compatible and consistent with the uses described in the table, the purposes, and the General Plan. (Ord. 253, 12-16-2014)

TABLE 2-3

PERMITTED LAND USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL

AND HILLSIDE RESERVE ZONING DISTRICTS

(Ord. 253, 12-16-2014; amd. Ord. 268, 7-18-2017; Ord. 281, 11-6-2018; Ord. 300, 3-1-2022; Ord. 320, 11-5-2024)

Subdivisions, new land uses and structures, and alterations to existing land uses and structures shall be designed, constructed, and established in compliance with the requirements in table 2-4 of this section, in addition to the applicable standards (e.g., landscaping, parking and loading, etc.) in article 3, "Development Standards", of this title. If a parcel is also located within an overlay district, see chapter 9.15, "Overlay Districts", of this article 2. In the event of conflict between the base zone regulations and the overlay zone regulations, the provisions of the overlay zone shall apply. The overlay zoning districts are described in chapters 9.16 through 9.22 of this article 2.

TABLE 2-4

RESIDENTIAL ZONING DISTRICTS DEVELOPMENT STANDARDS

Development Feature Requirement By Zoning District

• Dedications and infrastructure improvement standards, chapter 9.30 of this title (also, see subsection 9.07.100A8 of this chapter, dedication and infrastructure requirements for single-family residential dwelling) • Landscaping and native plant protection, section 9.07.130 of this chapter • Chapter 9.34, "Performance Standards", of this title relating to avoiding adverse impact to adjoining properties relating to fire, explosive, or other hazards; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness; electrical or other disturbance • Chapter 9.35, "Property Maintenance Standards", of this title • Signs, chapter 9.36 of this title • Chapter 9.42, "Accessory Solar Energy Systems", of this title • Chapter 9.43, "Accessory Wind Energy Systems", of this title • Chapter 9.44, "Wireless Communications Facilities", of this title

Notes:

1. See section 9.08.070 of this article 2 for additional standards for the Multiple Residential Zoning District.

2. The above referenced acreages that are equal to 1 acre or more refer to gross acreage (total acreage including streets/infrastructure); less than 1 acre refers to net acreage (acreage not including streets, sidewalks, infrastructure).

3. Map suffix: The number placed after the zoning district initial is the allowable dwelling units (du) per 1 acre. 4. du: Dwelling unit.

4. One-story buildings are required to have a rear and interior side setback of 10 feet; two-story buildings are required to have a rear and interior side setback of 20 feet (for each additional story an additional 10 feet are required). (Ord. 253, 12-16-2014)

This section applies to all residential accessory buildings and uses within the Town, other than accessory dwelling units regulated in section 9.08.100 of this article 2. Residential accessory buildings include any of those customarily related to a residence, including garages, greenhouses, storage sheds, studios, barns, workshops, guest houses, and similar buildings.

• A. General Development Standards: Any new accessory building shall be subject to the standards in table 2-5, "Accessory Building Development Standards", of this section.

1. Zoning District Regulations Applicable: Unless otherwise provided, accessory buildings and uses shall be subject to the same regulations as the primary building or use on the site. Accessory buildings shall have the same setback requirements as primary buildings, except pursuant to section 9.07.120, "Projections And Encroachments Into Required Setback Areas And Above Height Limits", of this chapter, they may encroach within three feet (3') of rear property line, but not occupy more than twenty five percent (25%) of the required rear yard.

2. Accessory To Legally Established Primary Use: An accessory building or use shall always exist in conjunction with, and never without, a legally established primary building or primary use. Where the primary use has not yet been established, an accessory building or structure may only be built subject to the issuance of a temporary use permit in compliance with chapter 9.72, "Temporary Use Permits", of this title.

a. Exception: An accessory building may be constructed on a vacant parcel that is contiguous to a parcel under common ownership that contains a primary use.

3. Determination Of Accessory Uses: In addition to the accessory uses specifically provided for by this chapter or elsewhere within this Development Code, each land use shall be deemed to include other accessory uses that are

necessarily and customarily associated with and are clearly incidental and subordinate to the primary land use. The Director shall be responsible for determining if a proposed accessory use meets the criteria in this chapter. TABLE 2-5

ACCESSORY BUILDING DEVELOPMENT STANDARDS[1]

Notes:

1. Cumulative area of all buildings and impervious surfaces (i.e., driveways, patios, pools, etc.) shall not exceed the allowable lot coverage. Properties which are 10 acres or larger in size in the Rural Hillside Reserve (R-HR) Zoning District are exempt from square footage requirements for accessory buildings. If a property has an accessory dwelling unit (ADU) regulated by section 9.08.100 of this article 2, then only 3 accessory structures governed by this section 9.07.060 may be located on the property. A guesthouse regulated by this section 9.07.060 which contains no kitchen (cooking facilities, sinks, refrigerator, or cabinets), is not permitted on a property that contains an ADU.

2. The following structures are not counted towards the maximum number of 4 accessory buildings: a) any structure under 120 square feet; b) pool houses under 200 square feet; c) covered patios or similar structures associated with swimming pools; d) gazebos under 200 square feet.

B. Architecturally Compatible: Any accessory building greater than one hundred twenty (120) square feet in area shall be architecturally compatible with the primary building. To be considered architecturally compatible, accessory buildings shall have roofing materials and/or colors similar to the primary structure. Metal material roofs are allowed provided the roof is painted a similar color to the roof of the primary residence. Siding materials may consist of wood, metal, stucco or similar materials. Proposed accessory buildings which do not conform to these architecturally compatible standards may be reviewed and acted upon by the Planning Commission, based upon consistency and compatibility in the residential neighborhood and surrounding areas.

C. Cargo/Shipping Containers: Other than as a temporary use for construction purposes subject to, or where a building permit has been issued, cargo/shipping containers are not allowed in a Residential Land Use Districts, including containers under one hundred twenty (120) square feet.

Properties that are located in the Single Family Residential (RS), Rural Living (RL), and Hillside Reserve (R-HR) Zoning Districts and are 2.5 acres or larger may contain one cargo/shipping container. Cargo/shipping containers may be located on residential properties containing less than 2.5 acres, but those cargo/shipping containers are subject to Building Division requirements, must be attached to a permanent foundation, and must be architecturally treated so as not to appear as a cargo/shipping container.

As storage for construction clean-up or construction material, a cargo/shipping container used as a temporary storage device may be located anywhere on the property, except in the clear sight triangle, as defined in section

9.31.020,"Clear Sight Triangle", of this title, during the duration of the construction activity associated with an active building permit subject to the approval of a temporary use permit.

When converted to a structure as defined in the adopted Building Codes, attached to a permanent foundation, and architecturally designed and constructed so that the structure is not distinguishable as a cargo/shipping container, these structures are allowed in accordance with the adopted Building Codes and this Development Code. (Ord. 280, 10-22018)

The following noncommercial, receive-only antennas for the sole use of a resident occupying a residential structure shall be permitted subject to the specified standards:

A. A ground or structure mounted, radio or satellite dish antenna that does not project above the roof ridgeline and does not have a diameter greater than one meter (1 m) (39 in), which does not encroach within any required setback. B. A ground or structure mounted radio or television aerial not exceeding seventy five feet (75') in overall height, which does not encroach within any required setback, and which is set back from any property line by at least half the height of the overall height of the antenna structure.

C. Any noncommercial, receive-only antenna which is proposed to exceed the allowed height or encroach within a described setback shall be subject to the review and approval of a special use permit.

Commercial satellite and wireless communications antennas are not exempt, and are instead subject to chapter 9.44, "Wireless Communications Facilities", of this title. (Ord. 253, 12-16-2014)

All new construction, including single-family residences shall comply with chapter 9.37, "Soil Erosion And Dust Control", of this title, which includes the following:

A. Drainage: All new construction shall be designed so that drainage is directed away from any new construction. Diversions, obstructions, or confining of existing drainage courses shall not be made in a manner as to divert drainage to different properties, cause accelerated erosion, or to otherwise cause damage to other properties.

B. On Site Retention: Any development of property shall provide on site retention facilities as to retain increment plus ten percent (10%) nor shall it concentrate flows to a greater extent than predevelopment conditions.

C. Dust Control: On parcels of one acre or larger, land being utilized for residential purposes may only be cleared to provide for the installation of building pads, driveways, landscaping, yards, play areas, vehicle parking, accessory structures, property access, agricultural activities, or other accessory use normally appurtenant to residential use. The purpose of this is to reduce site disturbances and to reduce the amount of fugitive dust generated from cleared land. D. Easements And Deed Notices: The Town may require offers of dedication, granting of easements, or recordation of deed notices to assist in the implementation of the Town's master plan of drainage pursuant to chapter 9.30, "Dedications And Infrastructure Improvements", of this title. (Ord. 253, 12-16-2014)

A. Standards: Fences and walls within Residential-Hillside Reserve and Residential Districts shall be subject to the following standards:

1. Solid walls and fences shall not exceed four feet (4') in height within a required front yard setback area as specified in section 9.07.050, table 2-4 of this chapter, development standards. Within the required front setback area fences up to six feet (6') in height may be allowed which do not impair visibility. Horizontal fence elements shall not exceed four inches (4") in diameter to maintain visibility.

2. Barbed wire, barbless wire or similar fencing shall be allowed in the Rural Living and Residential-Hillside Reserve Land Use Districts on lot sizes of one acre or greater. Razor wire is not permitted.

3. Barbed wire, razor wire, or similar fencing or electrified fencing shall not be allowed in the Residential, Single-Family Zoning Districts.

4. Fences and walls on interior side and rear lot lines may be up to six feet (6') in height.

5. The height of walls and fences shall be measured from the highest side of the fence, however, where there are grade differences on side and rear lot lines, total height of solid fences measured from the lowest side may be increased by a maximum of two feet (2'). Within required front yard setback areas, total height of solid walls, measured from the lowest side, shall not exceed four feet (4').

6. Swimming pools, spas, and similar water elements shall be fenced in compliance with the California building codes.

7. Materials shall include wood, stone, brick, masonry, stucco, adobe, wrought iron, chainlink, or similar materials. Materials shall be consistent with chapter 9.35, "Property Maintenance Standards", of this title and shall not include materials such as garage doors, tires, plywood, or other used materials.

8. All fencing shall comply with the standard in section 9.31.020, "Clear Sight Triangle", of this title.

B. Excess Heights: Fence heights in excess of these standards may be allowed by an approved conditional use permit or variance or when required by the town for reasons of health, safety, and welfare of the general public. C. Landscaped Hedges: Solid landscaped hedges in excess of four feet (4') in height that would impair visibility shall not be allowed within required front yard setback areas. Solid landscaped hedges beyond the required front yard setback areas may be allowed in excess of four feet (4') in height. (Ord. 253, 12-16-2014)

A. Standards: The following standards shall be applied to construction or installation of all detached single-family residential structures and second units unless otherwise specified within this code:

1. Manufactured Home Foundation Systems: Manufactured home foundation systems shall comply with either Health And Safety Code section 18551 or title 25, chapter 2, sections 1333 and 1334 of the California code of regulations, and shall include tie down, clip, or anchoring systems approved by an engineer to resist lateral forces for the subject manufactured home.

2. Manufactured Home Certification Tag Or Label Required: A permit from the building and safety division for the installation of a manufactured home not within an approved and properly licensed mobilehome park shall not be issued, if more than ten (10) years have elapsed between the date of manufacture and the date of the application for the issuance of the permit to install such manufactured home except as provided below. Also, the manufacturer shall permanently affixed a label or tag to the manufactured home certifying that the manufactured home complies with federal construction and safety standards applicable to the national manufactured housing construction and safety standards act of 1974 (42 USC section 5401 et seq., section 5415).

3. Siding: Siding material shall consist of stucco, wood, brick, stone, or decorative concrete block. Synthetic products of a similar appearance and equivalent durability shall be allowed. Metal siding, if utilized, shall be nonreflective. The exterior covering material shall extend to a point at or near grade, except if an approved solid wood, metal, concrete, or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

4. Roofing Material: The roofing material shall be tile, composite shingles, wood shakes, and shingles (if allowed by the fire safety (FS) overlay or other applicable overlay(s)), or other material customarily used in the surrounding community. Roofs shall have eave and gable overhangs of not less than twelve inches (12"), measured from the vertical side of building, except for flat roof designs, with parapets, such as southwestern architectural styles.

5. Entries And Exits: Entries and exits shall be completed in compliance with chapter 10 of the California building code.

6. Minimum Size And Dimensions: Minimum floor area shall be seven hundred twenty five (725) square feet measured from the exterior of the structure. Minimum floor width and depth shall each average twenty feet (20') measured from the exterior of the structure, excluding garages, porches, patios, eaves, cabanas, and popouts.

7. Utility Hookups: Utility hookups and an area suitable to accommodate the installation of a clothes washer and dryer shall be provided within the primary structure or within an enclosed accessory structure.

8. Dedication And Infrastructure Requirements: A building permit shall not be issued for the construction of single-family residential dwelling unless all of the following infrastructure requirements are satisfied for an existing lot of record:

• a. Proof Of Legal And Physical Access:

• (1) Physical access is a route which is traversable in a standard (2-wheel drive) sedan. Proof shall consist of an engineer or surveyor's signed and sealed letter, certifying that physical access has been completed.

• (2) Legal access is:

• (A) A dedicated right of way;

(B) A dedication to the town of Yucca Valley and to the public in general, an easement for public road, town highway and public utility purposes of a width as established by the circulation element of the general plan. The easement or road constructed on the dedicated land shall not become a town highway until and unless the council, by appropriate resolution, has caused the road to be accepted into the town maintained road system.

(C) An existing traveled way that is substantially in compliance with town road standards, where a prescriptive right by the user has been established for the public use by court decree.

• (D) Private road easement.

(3) When all feasible efforts to establish legal access in accordance with subsection A8a(2) of this section have been exhausted, the lot is an existing legally created parcel, and the property owner has physical access, the director, in his/her discretion, may waive the requirement for legal access on the condition that the property owner enters into an agreement in the form required by the town which includes the property owner's: a) representation that the owner has a right to physical access; b) acknowledgment that proof of legal access has not been provided to the town's satisfaction; and c) agreement to disclose to any subsequent owners that legal access has not been established to the satisfaction of the town. Notation of said agreement and conditions of waiver shall also be included on the building permit.

b. Infrastructure: Infrastructure as determined by the director depending on the location of the parcel to be developed. This may include, but not be limited to, any of the following: paved access, curbs and gutters, sidewalk, bike paths and trails and/or appropriate drainage improvements.

c. Water:

(1) Water Purveyor: Required when in the service area of a water purveyor and the purveyor can supply the water.

(2) Substantiated Well Water: If the subject parcel is not within the service area of a water purveyor, well water may be allowed if all required setbacks are met.

d. Sanitation:

(1) Sewer: Projects shall connect as required by ordinances and policies adopted by the Hi-Desert water district.

(2) Septic systems: Allowed in compliance with the local regional water quality control board regulations. e. Fireflow: Adequate fireflow and fire safety measures in compliance with the most current regulations adopted by the San Bernardino County fire department. (Ord. 253, 12-16-2014)

Outdoor lighting shall be fully shielded or recessed in a manner to preclude adverse impacts to adjacent properties as a result of light trespass, or to any member of the public traveling on adjacent roadways or right of way, pursuant to title 8, chapter 8.70, "Outdoor Lighting", of this code for outdoor lighting standards. (Ord. 253, 12-16-2014)

A. General Provisions: All required yards or court areas shall be open and unobstructed from finished grade or from such other specified level at which the yard is required, to the sky, except for structures allowed in yard by table 2-6 of this section.

Nothing in this section is intended to prevent the construction of any allowed primary or accessory structure within the building envelope which is the lot area not included in any required yard or court.

B. Clear Areas:

1. The projections listed in table 2-6 of this section may not, in any event, encroach on or into the following: a. The clear sight triangle (section 9.31.020 of this title) required at street and alley intersections. The clear sight triangle is measured along the edge of the ultimate right of way of any street or alley for thirty feet (30') from the intersection of two (2) streets, or street and alley with a diagonal connecting the end points. It is intended to limit objects which would obstruct the sight distance of motorists entering the intersection.

b. Within three feet (3') of any lot line, unless greater setback is required as noted in table 2-6 of this section (projections into yards).

• C. Projections Into Yards: Projections allowed into required yards are described in the following table: TABLE 2-6

PROJECTIONS INTO YARDS - AMOUNT

OF ENCROACHMENT ALLOWED

Note:

1. Pursuant to section 9.07.090 of this chapter, in a front and street side yard fence height can be up to 6 feet, if it is an open design.

D. Projections Above Height Limits: These shall be allowed pursuant to section 9.31.030 of this title. (Ord. 253, 12-16-2014)

A. General Provisions: This section identifies the standards and requirements for native landscaping on residential developments.

Regulated desert native plants for all residential projects, include the following: REGULATED DESERT NATIVE PLANTS

Pursuant to section 80117 of the state Food And Agricultural Code, the clearing or removal of native plants from a canal, lateral ditch, survey line, building site, or road or other right of way by the landowner or his agent, if the native plants are not to be transported from the land or offered for sale, are not subject to state regulations. For plants regulated by the state to be transplanted off site, the town shall issue permits for their relocation in accordance with this chapter.

B. Scope:

1. Provisions: The provisions of this section shall apply to all land within the town of Yucca Valley.

a. It is prohibited for any individual or entity to remove, transplant, damage, disturb, or destroy any part of any regulated desert native plant, except its fruit, from any privately or publicly owned piece of land in the town of Yucca Valley, without first obtaining a regulated desert native plant permit from the town, unless said activity is exempt from the requirement to first obtain a regulated desert native plant permit.

b. It is prohibited for any individual or entity to remove or damage all or part of any regulated desert native plant on another property without first obtaining written permission from the landowner and an approved regulated desert native plant permit. It is unlawful for any person to falsify any document offered as evidence of permission to enter upon the property of another to remove all or parts of a regulated desert native plant, whether it is alive or dead. c. It is prohibited for any individual or entity, unless exempted by this section, to destroy, dig up, mutilate or to possess any regulated desert native plant, including the living parts of such, unless the regulated desert native plant was disturbed under a regulated desert native plant permit. Any individual or entity shall exhibit the regulated desert native plant permit upon request for inspection by any duly authorized entity as described in this section.

d. The commercial harvesting of regulated desert native plants is prohibited.

2. Exceptions: The following are exempt from the provisions of this section:

a. The removal and transplanting on and off site of regulated desert native plants on and from lands owned by the United States government or any federal agency, the state of California, the county of San Bernardino, the town of Yucca Valley, and all special districts.

b. The removal and transplanting on and off site of regulated desert native plants required by other codes, ordinances or laws of the town of Yucca Valley, county of San Bernardino, the state of California or the United States

government or any federal agency.

• c. The removal and transplanting on and off site of regulated desert native plants which are an immediate threat to the public health, safety or welfare, as determined by the planning division.

• d. Removal as part of a bona fide agricultural activity as determined by the town that is:

• (1) Served by a water distribution system adequate for the proper operation of such activity; and/or

• (2) Conducted under a land conservation contract; and/or

• (3) An existing agricultural activity; and/or

• (4) A proposed bona fide agricultural activity if the planning division is given thirty (30) days' written notice of the removal describing the location of the land and the nature of the proposed activity. The planning division shall notify the landowner in writing prior to the lapse of the thirty (30) day period if, in the opinion of the planning division the activity is not a bona fide agricultural activity or else the activity shall be deemed bona fide.

e. Destruction or removal of a regulated desert native plant that has died from natural causes or that has been destroyed by fire or other natural disasters.

f. Any regulated desert native plant that is within the building footprint and within twenty feet (20') of the building footprint of an existing structure and for new infill residential development, as determined by the planning division.

g. When removal is required by any public utility subject to jurisdiction of the public utilities commission or any other constituted public agency, including franchised cable TV, to establish or maintain safe operation of facilities under their jurisdiction.

3. Permit Required: A native plant permit shall be required for the removal and transplanting on and off site of any regulated desert native plants identified in this section.

• a. A regulated native plant permit application shall be submitted to and approved by the town prior to the

removal and transplanting on and off site of any regulated desert native plant.

• b. The regulated native plant permit application shall include the following information:

• (1) The botanical and common name of the regulated desert native plant.

• (2) A native plant survey showing the precise location of each regulated desert native plant.

• (3) The trunk or stem diameter of each regulated desert native plant.

• (4) The height of each regulated desert native plant.

• (5) The health or condition of the regulated desert native plant, including the identification of those regulated desert native plants that are not likely to survive transplanting procedures.

• (6) The proposed placement or disposition of the regulated desert native plant, i.e., transplant on site, adopt off site, remove, etc.

• (7) Additional information that may be required based upon the individual application.

• C. Single-Family Residential Infill, Existing Single-Family Residences And Multi-Family Residential Three Units Or Less:

1. A regulated desert native plant permit application shall be submitted to the planning division at the time of filing a building or grading permit application for development of infill residential lots unless exempt.

2. A regulated desert plant permit application shall be submitted to the planning division for removal or relocation on or off site when the property owner is proposing improvements to the property including swimming pools, swing sets, horse arenas, other animal keeping activities, basketball courts, tennis courts, recreational or other vehicle parking, driveways and access, play areas, accessory structures, and other uses typical to single- family residences.

3. The regulated desert native plant application documentation shall contain the following information:

• a. Printed photographs depicting the proposed native plant that is to be removed or transplanted. The photographs must clearly show the location, size of the subject plant, and its surroundings. At minimum, the

surrounding area photographs shall include two (2) different views of the subject plant.

b. A plot plan is required in order to show location of regulated desert native plants proposed to be removed, transplanted, or retained in its native location. The plot plan shall clearly demonstrate that the property meets the standards in table 1 of this section.

4. Written permission from the property owner(s) authorizing the proposed removal or relocation of regulated desert native plants from the property.

5. The property owner may attempt to retain as many regulated desert native plants in their native location as possible. The property owner may also attempt to transplant or relocate as many regulated desert native plants as possible on site. The property shall comply with the minimum standards specified in table 1 of this section.

6. Those regulated desert native plants identified in the permit application to not remain on site following development, and which are not incorporated into a project's landscaping plan, may be available for adoption at the property owner's discretion.

7. The following chart establishes the minimum undisturbed area that shall be provided: TABLE 1

8. Single-family residential infill development in the rural living residential land use district, which exceed the minimum required undisturbed area from table 1 of this section by a minimum of ten percent (10%), shall be allowed up to a ten percent (10%) deviation of all development code standards listed in table 2 of this section and approved in conjunction with the project. The deviations include the following: TABLE 2

l infill development in the rural living residential land use district, which exceed the minimum required undisturbed area from table 1 of this section by a minimum of ten percent (10%), shall be allowed up to a ten percent (10%) deviation of all development code standards listed in table 2 of this section and approved in conjunction with the project. The deviations include the following: TABLE 2

9. Single-family residential infill development in the single- family residential land use district which voluntarily retains ten percent (10%) undisturbed area shall be allowed up to a ten percent (10%) deviation of all development

code standards listed in table 3 of this section and approved in conjunction with the project. The deviations include the following:

TABLE 3

10. Single-family residential infill development in the residential-hillside reserve land use district which exceeds the minimum required undisturbed area from table 1 of this section by a minimum of ten percent (10%) and provide documentation that the applicant has attended educational training on native plants shall be allowed up to a ten percent (10%) deviation of all development code standards listed in table 4 of this section and approved in conjunction with the project. The deviations include the following:

TABLE 4

D. Regulated Desert Native Plant Removal Procedures For All New Residential Subdivisions And Multi-Family Four Units Or More: Single-family residential subdivisions and multi-family four (4) units or more, shall be allowed to transplant on and off site and to remove all regulated desert native plants from their native locations within the property boundaries, pursuant to the following development standards and requirements:

1. Application Submission: A regulated desert native plant permit application shall be submitted to the planning division at the time of filing land use applications for development of residential subdivision projects. Land use applications for residential subdivision projects may include, but are not limited to, planned developments, specific plans, parcel and tract map applications, grading permit applications, building permit applications, and any other applications necessary for town authorization of land disturbing or development activity. The planning commission shall review and approve all native plant applications for residential subdivisions.

2. Application Information: The regulated desert native plant application documentation shall contain the following information:

• a. The botanical and common name of the regulated desert native plant.

• b. The precise location of each regulated desert native plant.

• c. The trunk or stem diameter of each regulated desert native plant.

• d. The height of each regulated desert native plant.

• e. The health or condition of the regulated desert native plant, including the identification of those regulated desert native plants that are not likely to survive transplanting procedures.

f. The proposed placement or disposition of the regulated desert native plant, i.e., transplant on site, adopt off site, remove, etc. The plans for the regulated desert native plant survey shall be no smaller than twenty four inches by thirty six inches (24" x 36") unless otherwise approved by the planning division.

3. Transplanting Off Site And On Site: All regulated desert native plants identified in the regulated desert native plant survey as likely to survive transplanting shall be made available for adoption or shall be transplanted on site as part of the project's landscaping plan. All native plant permit applications shall illustrate maximum utilization of regulated desert native plants in the project's landscaping plan. It is strongly encouraged that all Yucca brevifolia (Joshua trees) identified for adoption and transplantation be relocated through the use of an adequately sized tree spade.

ption or shall be transplanted on site as part of the project's landscaping plan. All native plant permit applications shall illustrate maximum utilization of regulated desert native plants in the project's landscaping plan. It is strongly encouraged that all Yucca brevifolia (Joshua trees) identified for adoption and transplantation be relocated through the use of an adequately sized tree spade.

4. Adoption: Those regulated desert native plants identified in the regulated desert native plant survey as likely to survive transplanting procedures, and which are not incorporated into a project's landscaping plan, shall be available for adoption pursuant to this section to the general public for an adoption period of thirty (30) days, or until all available plants have been adopted, whichever is sooner, prior to any other ground disturbing activity on the project site. A thirty (30) day noticing and signage period is required which noticing period may begin prior to issuance of the regulated desert native plant permit.

5. Removal: Those regulated desert native plants not incorporated into a project's landscaping plan and not adopted during the thirty (30) day adoption period are allowed to be removed.

6. Table 5: The following additional standards shall apply to all new residential subdivisions: TABLE 5

7. Table 6: New residential subdivisions in the rural living land use districts, which exceed the minimum required undisturbed area from table 5 of this section by a minimum of ten percent (10%), and provide documentation that the applicant has attended educational training on native plants shall be allowed up to a ten percent (10%) deviation of all development code standards listed in table 6 of this section and approved in conjunction with the project. The deviations include the following:

TABLE 6

8. Table 7: New residential subdivisions in the single-family residential land use districts which exceed the minimum required undisturbed area from table 5 of this section by a minimum of ten percent (10%) shall be allowed up to a ten percent (10%) deviation of all development code standards including:

TABLE 7

9. Table 8: New residential subdivisions in the residential- hillside reserve land use district, which exceed the minimum required undisturbed area from table 5 of this section by a minimum of ten percent (10%), and provide documentation that the applicant has attended educational training on native plants shall be allowed up to a ten percent (10%) deviation of all development code standards listed in table 8 of this section and approved in conjunction with the project. The deviations include the following:

TABLE 8

Local street side setback

75'

67.5'

TABLE 9

(Ord. 253, 12-16-2014; amd. Ord. 291, 1-19-2021)

CHAPTER 9.08 STANDARDS AND REGULATIONS FOR SPECIFIC USES IN RESIDENTIAL AND HILLSIDE RESERVE DISTRICTS

This chapter provides locational, site planning, developmental, and/or operational standards for certain land uses that are allowed by this article 2 within Residential Districts, and for activities that require special standards to mitigate their potential adverse impacts. (Ord. 253, 12-16-2014)

A. Purpose: This section establishes regulations to allow animal keeping as an accessory use to a primary single dwelling unit for all properties which allow for the keeping of animals unless otherwise specified.

B. Allowed Number Of Animals:

1. Small Animals: Accessory small animal raising is allowed in all Residential Districts subject to the lot sizes and number of allowed animals identified in table 2-7, "Allowed Number Of Small Animals", of this section. Town of Yucca Valley TABLE 2-7

ALLOWED NUMBER OF SMALL ANIMALS

2. Large Animals: Large animal raising for parcels not located within the large animal overlay district is allowed in single- family residential districts subject to the lot sizes and number of allowed animals identified in table 2-8 of this section (allowed number of large animals not within large animal overlay district) and section 9.21.030, table 2- 26, "Allowed Number Of Large Animals Within Large Animal Overlay District", of this article 2. See chapter 9.21, "Large Animal Overlay District", of this article 2 for allowed large animal types and large animal densities for properties located within the large animal overlay district.

TABLE 2-8

ALLOWED NUMBER OF LARGE ANIMALS IN

SINGLE-FAMILY RESIDENTIAL DISTRICTS

NOT WITHIN LARGE ANIMAL OVERLAY DISTRICT

Note:

1. The cumulative total of all large animals allowed is 9 per lot. More than a cumulative total of 9 large animals shall be subject to a special use permit, see chapter 9.69 of this title.

2. Animals Not Classified: Any animal not specifically classified within this section shall be classified by the director based upon a determination of what it is most similar to and as to the probable impact on the health, safety, or general welfare of the community and the neighborhood.

3. Single-Family Residences On Multi-Family Property: Single- family residences located on property designated as multi-family shall be subject to the RS standards.

C. Accessory Animal Raising: Accessory animal raising of densities greater than, or of animal types different from, those specified in tables 2-7 and 2-8 of this section, and section 9.21.030, table 2-26 of this article 2, shall be subject to approval of a special use permit.

1. Newborn Animal Exception: Offspring of allowed adult animals shall not be counted in determining the number of adult animals on a given parcel, if such offspring do not exceed the age limitations for accessory animal keeping as identified in table 2-9, "Newborn Animal Exception", of this section.

• TABLE 2-9

NEWBORN ANIMAL EXCEPTION

• a. Offspring of nonallowed adult animals shall be counted as adult animals, notwithstanding their age at any particular time.

• b. The total number of offspring shall not exceed fifty percent (50%) of the number of adult animals maintained on the parcel(s) unless authorized by approval of a discretionary livestock permit except for offspring of dogs and cats.

• c. Bovine offspring up to three hundred (300) pounds or six (6) months old, may be substituted for equine offspring in all single-family residential land use districts where large animal keeping is allowed.

D. Confined Animals: Animals which are normally maintained in aquariums, terrariums, birdcages or similar devices, each of which does not exceed fifty (50) cubic feet and where such devices are maintained within an enclosed building, shall be allowed as an accessory animal raising use. The maximum number or density limitations for these animal types shall comply with public health regulations.

• E. Combination Of Animals: Combination of the animal types are allowed, provided:

1. The total number in each category is not exceeded.

2. Where a density ratio of animals per lot area is specified, the lot area or portion thereof shall be allocated only once to accessory animal raising use. Lot area used to qualify one animal type shall not be reused to allow another animal type.

3. Animal types which are limited only by a maximum number per lot are allowed in addition to any other accessory animal raising use.

4. For the purpose of this section, lots with attached multi- family residential structures shall be limited to those animals allowed on lots less than seven thousand two hundred (7,200) square feet.

5. All animal raising land uses shall comply with public health laws regarding proper care and maximum number of animals.

6. Each animal raising land use includes all structures necessary to maintain and care for such animals (i.e., barn, corral, stable, pens and coops). Such structures shall comply with all development standards including those specified by the land use district and this section.

• F. Animal Separation:

1. Setbacks: Animal setback requirements are identified in table 2-10, "Animal Setback Requirements", of this section.

TABLE 2-10

ANIMAL SETBACK REQUIREMENTS

2. Fencing, Shelters, And Enclosures: Animal fencing, shelter, and enclosure requirements are identified in table 2-11, "Fencing And Shelter Requirements", of this section and the following subsections: TABLE 2-11

FENCING AND SHELTER REQUIREMENTS

a. Animal Enclosures: Animals shall be maintained by a fence at least five feet (5') high and made of either pipe corrals, chainlink, wood with horizontal members no less than six inches (6") apart, solid masonry or other appropriate screening and confining materials. Such a fence may be located on an interior side or rear lot line and fifteen feet (15') from a side street right of way.

(1) No barbed wire fencing shall be allowed within the incorporated town boundaries that is specific to livestock keeping pursuant to these regulations.

• (2) Fences which are adjoining and running parallel to private or public streets or bridle trails shall be a minimum of five feet (5') in height with posts spaced not more than ten feet (10') apart.

(3) Animals shall be properly caged or housed in their corrals, barns, pens or other enclosures. All corrals, pens, coops, lofts, exercise areas or similar structures shall be fenced or otherwise enclosed to adequately confine the animal(s).

b. Distance From Water Well: All animals shall be kept no closer than one hundred feet (100') from domestic water well.

G. Animal And Premises Maintenance: The occupant of the premises on which any livestock is kept shall keep and maintain the animal(s) and premises in such a manner as not to be detrimental to the health, safety or welfare of any person on any adjoining property or of the general public, nor be materially detrimental to the use, enjoyment or value of property of other persons in the vicinity of the premises. Such maintenance shall be at least sufficient to keep dust, odors and flies from having an adverse effect on any other property. The following techniques are recommended to meet the maintenance standard specified by this section and shall be utilized if no other alternative techniques sufficient to meet that standard are utilized.

1. Sprinkler system or other control methods adequate to control dust in corrals, turnout areas, and riding rings shall be installed and utilized as necessary on the premises.

2. Lime, sand or other appropriate materials shall be utilized on the premises to eliminate odor problems.

3. Chemical spray and/or bait and other approved measures to control flies shall be utilized as frequently as necessary for vector control.

4. Livestock keeping areas shall be maintained in a clean and sanitary condition at all times.

5. Standing surface water, refuse and manure shall not be permitted to accumulate in piles that are not able to dry out. In all cases of livestock keeping, manure shall be spread to dry daily and shall not be allowed to accumulate to create a nuisance to surrounding properties.

6. Other sections of this chapter notwithstanding, no person shall keep or permit to remain on any premises within the town any animal that habitually disturbs the peace and quiet of the inhabitant of a neighborhood by howling, barking, crying, baying, or making other noise.

7. Buildings housing farm animals, all animal enclosures, and all pasture areas shall be maintained free from litter, garbage and the accumulation of weeds or manure. Premises shall be maintained in a neat and sanitary manner. All animal raising shall comply with public health laws regarding proper care of animals. If animals are not maintained in compliance with these standards or are otherwise allowed to become a nuisance, the town shall initiate enforcement proceedings.

H. Commercial Animal Keeping: Commercial animal keeping for equine and other large animals is permitted within all single- family residential land use districts subject to the standards and provisions as identified in this development code. Commercial uses include, but shall not be limited to, boarding, training, breeding and other similar uses related to the keeping of equine and other large animals which do not belong to the property owner or lessee and for those similar uses which generate additional traffic, noise and similar or associated impacts within the vicinity of the proposed site.

1. Density: The densities established for commercial animal keeping shall be the same as those densities for those single- family residential land use districts located within the large animal overlay district map, as accessory to the residential use.

2. Minimum Parcel Size: One acre is established as the minimum parcel size for the commercial keeping of large animals, except for buffalo, bulls and boars. A minimum of five (5) acres is required for the keeping of buffalo, bulls

and boars.

I. Required Permits: Prior to the establishment of any commercial livestock keeping activity, the property owner or lessee shall first obtain a special use permit from the town.

J. Animals Not Classified: Any animal not specifically classified within this chapter shall be classified by the director based upon a determination of what it is most similar to and as to the probable impact on the health, safety, or general welfare of the community and the neighborhood. (Ord. 253, 12-16-2014)

This section establishes standards for the operation of bed and breakfast facilities in order to maintain and preserve the residential character, integrity, and property values of surrounding areas within which these facilities are located and maintained.

A. Required: All bed and breakfast uses shall be subject to the following:

1. Special Use Permit: A special use permit shall be required in compliance with chapter 9.69, "Special Use Permits", of this title and shall be renewed annually. The review authority may void a special use permit for a bed and breakfast use for noncompliance with the conditions outlined in the approval.

2. County Health Permit: A county health permit shall be required and renewed as required by San Bernardino County environmental health services.

3. Transit Occupancy Tax (Bed Tax) Requirements: Bed and breakfast uses shall be subject to the transient occupancy tax (bed tax).

B. Development Standards And Requirements: All bed and breakfast uses shall comply with the following standards and requirements:

1. Land Use Zoning District Requirements: Bed and breakfast uses shall be subject to the development standards for the land use zoning district in which they are located as identified in chapter 9.07, "Residential And Hillside Reserve Districts", of this article 2 and the development standards in this chapter.

2. Single-Family Dwelling Structure Only: Only a single-family dwelling structure, including related habitable accessory structures (e.g., guesthouse, second dwelling units, etc.) shall be considered for bed and breakfast uses.

3. Accessory To Residential Use: The bed and breakfast use shall be conducted as an accessory residential use only.

4. Owner Residency Requirement: The residential structure shall serve as the primary residence of the owner of the bed and breakfast use. If a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where the bed and breakfast use is operated.

5. Code And State Law Requirements:

• a. Dwelling units proposed for bed and breakfast use shall comply with standards and specifications of the California building code.

• b. Each guestroom shall be equipped with a fire extinguisher and a smoke detector that conform to the California building code standards (CBC no. 43-6).

c. An exit/egress map and an emergency evacuation map shall be displayed in a prominent location in each guestroom in compliance with state law.

6. Access And Driveways: The owner of the bed and breakfast use shall ensure that required access, driveways, and parking spaces remain clear and unobstructed and are available and ready for the occupants' use at all times.

7. Parking: In addition to the required parking standards for residential uses in chapter 9.33, "Parking And Loading Regulations", of this title one parking stall measuring nineteen feet (19') in length and nine feet (9') in width shall be provided on site for each guestroom. These additional parking spaces shall comply with the location and design standards established by the applicable land use zoning district and the provisions of chapter 9.33, "Parking

And Loading Regulations", of this title. Neither on street parking nor tandem parking shall be used to satisfy this on site parking requirement. Additional parking spaces may be required when deemed necessary by the review authority.

8. Design Standards:

a. Number Of Rooms And Parcel Size Requirements: Table 2-12, "Bed And Breakfast Uses Number Of Rooms And Parcel Sizes", of this section identifies the number of guestrooms, minimum number of bathrooms, and minimum parcel sizes applicable to each of the three (3) types of bed and breakfast uses.

TABLE 2-12

BED AND BREAKFAST USES

NUMBER OF ROOMS AND PARCEL SIZES

Note:

1. A bed and breakfast use shall not be allowed in a dwelling that is located on a site that has less than the required parcel area specified by the underlying land use zoning district.

b. Alterations And Modifications: Alterations and modifications may be made to the structures and the site but the alterations shall be compatible with the character of the neighborhood. The alterations and modifications shall also comply with applicable provisions, requirements, and standards of this code.

c. Landscaping: Additional landscaping may be required to screen parked vehicles from direct view of the neighbors, particularly where the parking is located within the front yard setback.

d. Exterior Lighting: All exterior lights shall comply with title 8, chapter 8.70, "Outdoor Lighting", of this code.

e. Signs: A nonilluminated identification sign, not to exceed six (6) square feet in area, shall be allowed. If not attached to the residence, the sign shall not exceed six feet (6') in height and shall blend with the architectural style of the structure and the neighborhood.

f. Minimum Separation Requirements: No bed and breakfast use shall be allowed where more than two (2) other bed and breakfast uses currently exist within one thousand feet (1,000') of the perimeter of the proposed site.

9. Kitchen Facilities And Service Of Meals:

• a. No cooking facilities shall be allowed in guestrooms.

b. The sale of food or other materials shall be limited to guests who are currently residing on the premises where the use is located and not to the general public.

10. Records Of Patrons: Records of all guests who patronize the bed and breakfast establishment shall be preserved for a minimum period of three (3) years before they are discarded.

11. Pedestrian And Vehicular Traffic: Pedestrian and vehicular traffic shall be limited to that normally associated with residential land use zoning districts.

12. Commercial Vehicles: The use shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.

13. Outdoor Storage: There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible, from outside the home.

14. Residential Character Of Structure: The appearance of the structure shall not be altered nor the occupancy within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, and vibrations. 15. Utilities And Community Facilities: The uses of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. (Ord. 253, 12-16-2014)

A. Purpose: This section provides standards for the location, development, and operation of large and small family childcare homes in compliance with state law.

B. Childcare; Large Family (9 To 14 Children):

1. Purpose: This subsection provides standards for the location, development, and operation of large family childcare homes for nine (9) to fourteen (14) children in compliance with state law.

2. Applicability: The provisions in this subsection shall apply to large family childcare homes, as defined by current state law, which shall be allowed in all residential zones in compliance with this article 2 and the following standards.

3. State And Other Regulatory Requirements: These standards shall apply in addition to requirements imposed by the California department of social services and other regulatory agencies (e.g., fire department).

4. Town Standards: All large family childcare homes shall comply with all of the following town standards:

a. Licensing: The operator of a large family childcare home shall obtain and maintain a valid license from the California department of social services in compliance with California code of regulations, title 22, division 12 (child care facility licensing requirements).

b. Special Use Permit Required:

• (1) Review Of Permit; Director: A special use permit shall be reviewed and either approved or denied by the director in compliance with the provisions of Health And Safety Code section 1597.46(a)(3) and this section.

(2) Approval Of Permit: The permit may be approved only if the large family childcare home complies with Health And Safety Code section 1597.46(d), this section, all applicable town ordinances, and any regulations adopted by the state fire marshal.

c. Care Provider's Residence: The large family childcare home shall be the primary residence of the care provider, and the use shall be clearly residential in character and shall be incidental and accessory to the use of the property as a residence.

d. Fences Or Walls Required:

(1) A six foot (6') high fence or wall shall be constructed and properly maintained along all property lines or around the area where outdoor care is provided (as deemed appropriate by the director), except in the front setback area or within a clear sight triangle, in compliance with the requirements of section 9.07.090, "Fences, Walls, And Hedges", of this article 2.

• (2) Fences or walls shall provide for safety with controlled points of entry.

e. Play Area And Equipment: Outdoor play area(s), including all stationary play equipment, shall be located in the rear area of the parcel or outside of required front or side yards.

f. Separation:

(1) A large family child daycare home proposed within a residential zoning district shall not be located within a three hundred foot (300') radius of another large family childcare home, other daycare facility, or group home facility, disregarding the corporate boundary of the town.

(2) The director may allow more than one large family childcare home within three hundred feet (300') of another like facility specified in subsection B4f(1) of this section, if the applicant first demonstrates one of the following to the satisfaction of the director:

(A) Any existing large family childcare home located within three hundred feet (300') is at capacity; or (B) The need exists for a particular or unique service not provided by an existing like facility specified in subsection B4f(1) of this section, located within three hundred feet (300') of a proposed large family childcare home.

g. Drop Off/Pick Up Areas, And Use Of Garages:

(1) A minimum of two (2) off street parking spaces shall be provided as a drop off and pick up area. The spaces shall be in addition to those required for the dwelling unit in compliance with chapter 9.33, "Parking And Loading Regulations", of this title. A driveway may be used to provide the spaces; provided, the town traffic engineer approves the arrangement based on traffic and pedestrian safety considerations.

(2) A passenger loading plan shall be required to minimize noise and parking issues to the maximum extent possible.

(3) Additional off street parking may be required by the director to minimize impacts on adjacent parcels.

(4) A facility located on a through street classified as a collector or arterial street shall provide a drop off and pick up area that does not require backing into the street.

(5) Garages shall not be used as a large family childcare play area unless alternative on site covered parking is available to meet minimum residential parking requirements and further, the garage is improved to meet building and fire code regulations as a habitable space.

h. Noise: In order to protect adjacent residential dwellings from noise impacts, a large family childcare home located within a residential zone may only operate a maximum of seventeen (17) hours each day between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. and may only conduct outdoor activities between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M.

i. No Exterior Evidence: There shall be no exterior evidence and/or signage identifying the large family childcare home.

j. Inspection Required:

(1) Before commencing operation of a large family childcare home, the building and safety division shall conduct an inspection of the premises on which the large family childcare home is to be operated to ensure that there is no unpermitted building, electrical, and/or mechanical improvements to the property.

(2) The property owner shall obtain and finalize all required building permits for all unpermitted construction on the premises before commencing the on site operation of a large family childcare home.

k. Issuance Of Special Use Permit: The director shall issue the special use permit before the operation of the large family childcare home begins, once the operator has demonstrated compliance with Health And Safety Code section 1597.46(d), this section, all applicable town ordinances, and any regulations adopted by the state fire marshal. C. Childcare; Small Family (1 To 8 Children):

1 , small family childcare homes (8 or fewer children) shall be 1. Permitted By Right: As required by state law considered a residential use of property and shall be an allowed use, permitted by right, within a residence located in a residential zone with no town land use permits required. The operator of a small family childcare home shall obtain

and maintain a valid license from the California department of social services in compliance with California code of regulations, title 22, division 12 (child care facility licensing requirements). (Ord. 253, 12-16-2014)

Notes

• 1 1. HSC § 1597.30 et seq. (family day care homes).

A. Purpose: This section provides general standards applicable to institutional uses to preserve neighborhood character, provide compatibility with adjoining properties, and to ensure that existing traffic improvements for the site are at appropriate levels and that traffic improvements are required in accordance with the circulation element of the general plan.

B. Applicability: The provisions in this section shall apply to recreation, education and public assembly (institutional uses) as listed in the permitted uses table (section 9.07.040, table 2-3 of this article 2). This includes arboretums, campgrounds, religious institutions and other places of public assembly, conference centers, hospitals and convalescent homes, museums, and schools, which shall be subject to the standards of this section.

C. Locational, Developmental, And Operational Standards: In addition to the standards specified for the specific zoning district in which a use is located the following shall also apply to institutional uses. In the event of a conflict between provisions, the following provisions shall apply:

1. The site shall be located on or adjacent to a paved street.

2. The site shall be located on an eighty foot (80') wide collector or greater as shown on the circulation element of the general plan.

3. Building setback of fifty feet (50') from all property lines is required when developing in or adjacent to a single-family residential land use district; otherwise the underlying building setback of the land use district shall apply.

4. Minimum parcel size shall be 2.5 acres in single-family residential land use districts.

5. Midblock locations within single-family residential land use districts shall be discouraged.

6. The height of any structure shall be compatible with that of the surrounding development.

7. The architectural design of facilities shall be designed in such a manner that the facility is compatible with and in scale with the surrounding development. For development within a commercial land use district the project shall be consistent with the adopted commercial design guidelines.

8. Parking area for facilities in residential land use districts that accommodate a large number of vehicles shall be divided into a series of smaller parking areas by landscaping and by offsetting portions of lots in ways that effectively reduce the visual impacts of large parking areas.

9. Access drives and parking aisles shall be kept at the maximum distance possible from any adjacent residential units. (Ord. 253, 12-16-2014)

A. Manufactured Housing/Mobilehome Parks:

1. Purpose: This subsection provides for the establishment, location, design, and improvement of mobilehome parks.

2. Applicability:

a. Where Allowed: The development standards provided in this chapter shall apply to the establishment or enlargement of mobilehome parks in zoning districts where allowed in compliance with this article 2.

1 and b. State Law: The requirements of this chapter shall include the provisions of the mobilehome parks act the applicable mobilehome parks regulations adopted by the state department of housing and community development (code of regulations, title 25, division 1, chapter 2, section 1000 et seq.). The requirements of this chapter are intended to equal or exceed the requirements of the mobilehome parks act and the mobilehome regulations. The requirements of the mobilehome parks regulations shall be incorporated as part of this chapter and compliance with the regulations shall be required.

3. Enforcement Authority: The California department of housing and community development shall enforce state law and regulations that apply to the maintenance, use, occupancy, sanitation, and safety of mobilehome parks or that apply to permits to operate them.

4. Development Standards:

a. Locations: Mobilehome parks/manufactured home land lease communities shall be located where allowed in compliance with this article 2 and in compliance with state law.

b. Parcel Size And Density: The minimum parcel sizes and density standards for mobilehome parks shall be as indicated in section 9.07.050, table 2-4, "Residential Zoning Districts Development Standards", of this article 2.

c. Drainage And Flood Hazard: A mobilehome park shall be located on a well drained site, properly graded to provide for adequate disposition of water runoff. The area shall be free of flood hazard from external sources. The review authority may require dedications and improvements that will ensure proper protection of a mobilehome park.

d. Streets And Highways: The review authority may require additional dedication and improvements on streets and highways abutting the proposed mobilehome park in compliance with the circulation element of the general plan and established widths of local and collector streets.

e. Parcel Areas And Dimensions: A parcel in a mobilehome park shall contain a minimum area of one thousand two hundred (1,200) square feet with a minimum width of thirty feet (30') fronting on a driveway, provided that:

(1) Parcels larger than the above minimum sizes may be required by the commission where it is determined that the larger parcel size will be:

(A) Consistent with the general pattern established by mobilehome parks in the vicinity, or

(B) Necessary to accommodate manufactured home sizes as stated in the mobilehome park report submitted by the applicant.

(2) Parcels on curved driveways or cul-de-sacs where lot lines are either converging or diverging from the front to the rear of the parcel shall have an average width of at least thirty feet (30') with a minimum twenty five foot (25') driveway frontage.

f. Required Separation Distances: Mobilehomes shall be located so they are at least ten feet (10') apart from side to side, eight feet (8') apart from side to rear, six feet (6') apart from rear to rear, and ten feet (10') from a structure, except for accessory structures used as private toilets or baths for exclusive use of the occupant of the mobilehome site. Mobilehome hitches shall face the access driveway.

g. Minimum Side And Rear Setbacks: The combined side setbacks of a mobilehome parcel shall total a minimum of ten feet (10'); provided, however, that a mobilehome shall not be closer than three feet (3') to a side or rear parcel line. Where mobilehome lots abut side or rear setbacks as defined in subsection A4i, "Perimeter Setbacks", of this section, setback areas may be included as a part of the perimeter setback.

h. Maximum Coverage: The maximum lot or parcel coverage of a mobilehome parcel shall not exceed seventy five percent (75%) of the total area of the parcel. Coverage shall include any area that is covered or occupied by a trailer coach, cabana, vehicle, ramada, awning, closet, cupboard, or other structure.

• i. Perimeter Setbacks: The following setbacks shall apply to the perimeters of a mobilehome park:

• (1) Front setback of at least twenty five feet (25') along the public street upon which the mobilehome park fronts. This setback shall extend across the entire width of the park.

• (2) Side setbacks of not less than five feet (5') along each side boundary line of the mobilehome park.

• (3) A rear setback of not less than ten feet (10') along the rear boundary line of the mobilehome park.

• (4) Greater setbacks may be required at the discretion of the commission where greater setbacks are necessary due to topographic conditions, grading, drainage, or protection of adjacent property.

• (5) No part of a mobilehome shall be located within a required perimeter setback area.

• j. Circulation: Roads within mobilehome parks shall be designed to provide reasonable and convenient traffic circulation and shall meet the following standards:

(1) A road shall not be less than thirty four feet (34') in width if car parking is allowed on one side of the road and not less than forty two feet (42') in width if parking is allowed on both sides.

(2) Road widths shall be limited to thirty four feet (34') when parcels are located on only one side of the road. Road widths of thirty four feet (34') shall be required to provide for parking on both sides shall be necessary when parcels abut the road on both sides.

(3) The entire width of the roads within mobilehome parks shall be surfaced with a minimum of two inch (2") thick asphalt concrete, mix, or other material as approved by a soils report.

k. Parking: Two (2) parking spaces shall be provided on each mobilehome parcel, one of which shall be covered. A parking area for use by guests and visitors shall also be established and maintained. There shall be one guest parking space for every ten (10) mobilehome parcels, or fraction of ten (10), within the mobilehome park. Each parking space shall be ten by twenty feet (10 x 20') in size plus the additional area for adequate ingress and egress. Tandem parking is allowed.

l. Walkways: Walkways shall be provided to allow reasonably direct access to all parcels, service structures, and other areas or structures used by occupants of the mobilehomes. Collector walkways serving utility structures, playgrounds and other general areas shall be at least four feet (4') in width and individual entrance walks to each mobilehome site shall be at least three feet (3') in width. Walkways shall be constructed of asphalt, concrete, plant mix, or other approved materials that will allow all weather pedestrian movement.

m. Walls Or Fences: A wall or fence six feet (6') in height shall be erected and maintained along each side and rear boundary of a mobilehome park except along the portion of the side or rear boundary line that either abuts a public street or is within a front or side setback adjacent to the street, in which case, a wall or fence may be required. A wall or fence shall be solid and of concrete, brick, or other masonry construction or of chainlink metal construction or wrought iron with an evergreen hedge planted on the side facing the mobilehome park. Where, in the opinion of the review authority, it is unreasonable to require the construction of a fence or wall, the review authority may waive or modify the requirements as specified in this paragraph.

n. Screening Of Service Areas: The review authority may require fencing or screen planting around areas containing garbage, rubbish, or waste disposal, or ground service, or recreational areas as a condition of approval of a mobilehome park.

o. Storage Areas:

(1) Common storage areas shall be provided with an enclosed fenced area for the residents of the mobilehome park for the storage of licensed recreational vehicles, trailers, travel trailers, and other licensed vehicles. The storage area shall contain a minimum of fifty (50) square feet for each mobilehome parcel in the mobilehome park.

(2) Storage on a mobilehome parcel shall comply with the provisions of title 25, division 1 of the California code of regulations.

5. Bonds To Guarantee Improvements: If all improvements required as a condition of approval of a mobilehome park are not satisfactorily completed at the time a certificate of occupancy is requested, the owner or owners of the mobilehome park shall, before the issuance of the permit, enter as contractor into an agreement with the town guaranteeing that the required work will be accomplished. The form and amount of security shall be determined by the director.

6. Public Address Systems: Public address systems or loudspeakers shall not be allowed if audible outside the boundaries of the mobilehome park.

7. Modifications In Design: Where a mobilehome park application is submitted for approval that, although not in compliance with the design requirements in this chapter, are consistent with the general purpose and intent of this chapter, the review authority may approve the park with conditions and restrictions that ensure that the general purposes are satisfied.

a. Park designs utilizing duplex or cell type groupings of mobilehome parcels or other modified designs may be approved under the provisions of this section.

b. Modifications of the above standards of design may be approved under the provisions of this section for mobilehome parks, travel trailer parks, recreational trailer parks, temporary trailer parks, and tent camps. However, in

2 and the applicable no case shall the modifications conflict with minimum requirements of the mobilehome parks act mobilehome parks regulations adopted by the state department of housing and community development (code of

regulations, title 25, division 1, chapter 2, section 1000 et seq.).

• B. Recreational Vehicle Parks:

1. Purpose: The purpose of this section is to provide general standards applicable to recreational vehicle parks to provide compatibility with adjoining properties.

2. General Standards:

• a. All recreational vehicle parks shall contain a minimum of ten (10) acres.

• b. Length of occupancy for any recreational vehicle shall not exceed one hundred twenty (120) continuous days or one hundred eighty (180) days in any one year period.

• c. Each site/space shall be of a size and shape that will provide reasonable area for the parking of the recreational vehicles next to the utility connections and for the parking of another vehicle side by side.

d. Each site/space in the park shall be identified with an individual number in logical sequence and shown on the approved site plan for the park.

e. A six foot (6') high masonry wall or approved equivalent fencing shall be constructed along all exterior property lines to protect the existing or future use of the adjacent property. Fencing along any street frontage may consist of a six foot (6') high decorative wrought iron or masonry wall.

f. Each space shall have direct access to an abutting paved roadway. The roadways within the park shall be paved in accordance with town standards to a width of not less than thirty feet (30') for two-way traffic and a minimum width of not less than twenty feet (20') for one-way traffic. One-way drive aisles must originate and terminate at two-way drive aisles.

• g. Roadways shall not be used for parking.

• h. All recreational vehicle parks shall be designed to allow for two (2) access points to a public thoroughfare.

• i. Each space shall contain a picnic table, barbecue, and at least one shade tree for every two (2) RV spaces.

• j. All exterior lighting shall comply with title 8, chapter 8.70, "Outdoor Lighting", of this code.

• k. Refuse containers shall be conveniently located throughout the park and contained within a trash enclosure in accordance with town standards.

• l. Common recreational area shall be required for all recreational vehicle parks. The recreation area may

contain a clubhouse, swimming pool, game courts, and open areas. Open areas may be either designed for active or

passive recreation, provided that the slope of the land does not exceed a gradient of ten percent (10%). Grade of ten percent (10%) or more shall be common area, but not counted as recreational area.

• m. Each space shall be improved with paving, gravel, or other nonpaved surface as approved by the town.

• n. Each recreational vehicle park shall be landscaped in accordance with a landscape plan as approved by the planning division.

• o. The facility shall have an on site manager. The manager's living quarters can either be a recreational vehicle or single- family residence.

3. Accessory Uses: The following structures and their uses are permitted in all recreational vehicle parks:

• a. Private recreation facilities for the use of the occupants of the park, including, but not limited to, a swimming

• pool, playground area, putting green, game courts (i.e., tennis, basketball), and other similar recreational facilities.

• b. Social and recreational clubhouse.

• c. Common laundry facilities.

• d. Common shower, bath, and locker room facilities.

• e. Snack bar and food store provided this use is fully contained in a social or recreational center (clubhouse) and serving only park guests.

• f. Other uses that are similar to those listed above and compatible with the site and surrounding land uses.

• g. Recreation vehicle or travel trailer storage area shall be fully screened as approved by the planning commission with fencing not less than six feet (6') in height and shall be clearly designated on the approved site plan.

4. Prohibited Uses:

• a. Except for park owner or park management personnel as allowed under subsection B2o of this section, there shall be no permanent residency in a recreational vehicle park.

• b. The on site sale of propane is permitted subject to fire department review and approval.

c. Except as otherwise expressly provided herein, no part of the park shall be used for any business, commercial, manufacturing, retail, vending purposes, unless those activities are approved under the CUP or separate permit.

5. Setback Requirements:

• a. When the park is within the RM-10 and RM-14 land use district, the social and recreation (clubhouse) building shall maintain the following setbacks:

• (1) One hundred foot (100') setback from all interior property lines of the park.

• (2) Fifty foot (50') setback from all streets.

• (3) All other accessory structures shall maintain the required building setbacks of the land use district.

• b. When the park is within the C-G and I land use districts, the social and recreation (clubhouse) building shall maintain the following setbacks:

• (1) Fifty foot (50') setback from all interior property lines of the park.

• (2) Fifteen feet (15') from all street frontages.

• (3) All other accessory structures shall maintain the required building setbacks of the land use district.

• c. A minimum ten foot (10') landscape setback shall be maintained along all street frontages.

• d. When a park is adjacent to a residential land use district, a minimum twenty five foot (25') wide landscape buffer shall be provided between the spaces and the property line.

• e. When a park is adjacent to a commercial or industrial land use district a minimum ten foot (10') wide landscape buffer shall be provided between the space and the property line.

6. Findings For Projects In The Multi-Family RM-10 And RM-14: Before taking any action to approve a project in the RM land use district, the planning commission or council shall find that the proposed recreational vehicle park conforms to the following criteria:

a. Location and design be consistent with the goals and policies of the general plan and other applicable goals and policies.

b. The RV park is compatible with the surrounding land uses and does not negatively impact the surrounding neighborhood. (Ord. 253, 12-16-2014)

Notes

• A. Multi-Family Development Standards:

1. General Provisions: The specific purposes of the multiple residential district regulations are to:

• a. Provide appropriately located areas for multiple-family dwellings that are consistent with the general plan and the standards of public health and safety established by this code;

b. Provide adequate light, air, privacy, and open space for each dwelling unit and protect residents from the harmful effects of excessive noise, population density, traffic congestion and other adverse environmental impacts;

• c. Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment; and

d. Ensure the provisions of public services and facilities needed to accommodate planned population densities.

2. Development Standards: All multi-family housing projects shall comply with applicable site development standards of this code. In addition, the following standards shall apply to multi-family projects: TABLE 2-13

MULTI-FAMILY DEVELOPMENT STANDARDS

3. Common Usable Open Space Standards: Common usable open space shall meet the following requirements:

• a. Usable open space areas shall not include rights of way, vehicle parking areas, areas adjacent to or between structures less than fifteen feet (15') apart, required front setbacks, private open space areas, or areas with slopes exceeding fifteen percent (15%);

• b. Such areas shall be planted with turf or ground cover, or other landscape material that will control dust;

• c. Such areas shall be screened from the streets and adjacent sites;

• d. Common usable open space areas shall be unobstructed except by improvements that enhance the usability, such as swimming pools, fountains, sunshades, and plantings.

• e. See table 2-13 of this section for common open space required.

4. Required Amenities: The following amenities are required for multi-family residential projects:

• a. All multi-family housing developments shall provide recreational amenities with the site which may include: swimming pool and spa; fitness room, clubhouse; tot lot with play equipment; daycare center; picnic shelter/barbecue area with seating; court game facilities such as tennis, basketball, or racquetball, softball or baseball fields.

• b. The type of amenities shall be reviewed and approved with the site plan and design review process for the project. Additional amenity(ies) may be required if the planning commission determines that the proposed

amenity(ies) are not of a quality that is in keeping with the number of dwelling units/scope of the project.

• c. See table 2-13 of this section for number and size of required amenities.

5. Landscaped Setback Required: A minimum landscape setback area of fifteen feet (15') as measured from the property line shall be provided along each street frontage of the project.

6. Permitted Installations Within The Required Building Setback Lines: Unless specifically regulated by another section of this code or the town code, permitted installations within the required building setback lines may include landscaping, garden walls, retaining walls, parking lots, recreational facilities (side and rear only), entry statements (decorative block/stucco, boulders, signage), sidewalks and driveways, underground utilities, lighting and similar fixtures.

7. Pedestrian Circulation: An interior walkway system with a minimum width of four feet (4') shall be

incorporated into the project for the purposes of providing direct access to and from all individual dwelling units, trash storage areas, parking areas, recreational areas and other outdoor common areas.

8. Parking: The number of required parking spaces shall be in conformance with the parking code in chapter 9.33 of this title.

9. Laundry Facilities:

• a. Common laundry facilities of sufficient number shall be provided (facilities are required to be accessible, consistent with the California building code); or

• b. Each dwelling unit shall be plumbed and wired for a washing machine and dryer.

10. Lighting: The following areas shall be lighted during the hours of darkness in a manner consistent with the outdoor lighting ordinance:

• a. Private streets and drive aisles;

• b. Parking areas;

• c. Walkways or pedestrian paths;

• d. Individual dwelling entries;

• e. Addresses;

• f. Recreational facilities;

• g. Active outdoor play areas; and

• h. Project entryways.

11. Trash Enclosures: One trash enclosure per ten (10) units shall be located at convenient distances from the buildings they serve and sited to minimize visual and odor impacts to abutting properties.

12. Buffer Areas: There shall be a minimum fifteen foot (15') wide planted buffer between new multi-family residential development and existing single-family developments or single- family land use districts.

• B. Multi-Family Site Design Guidelines:

1. Purpose: The council finds that the general quality of multi- family development throughout the town necessitates the implementation of better development standards than currently exist. The lack of architectural articulation, landscaping, proper parking accommodations, suitable amenity packages and other design features adversely affects the quality of life for multi-family development residents and adversely affects property values in these areas. Multi-family housing design standards are necessary to improve and maintain the quality of multi-family housing for the safety and benefit of residents and for the preservation of property values in the vicinity of multifamily neighborhoods.

Further, and in general, multi-family and cluster housing, because of their higher densities, tend to generate large parking areas and a decrease in private open space. If not properly designed, parking facilities can dominate the site and relegate open spaces to leftover areas not related to the structure and not useful to the residents. Multi-family developments surrounded by high walls and parking lots or rows of carports along public streets are examples of undesirable design features. These design standards are intended to mitigate these undesirable design features and promote a pleasant residential environment within the context of higher density development within the town.

2. Objectives: The following are objectives of the design standards:

a. Introduce a clear and consistent set of standards designed to assist the development community in comprehending the town's intent in regulating design quality and ensuring that long term interests of the community are met;

• b. Create an environmentally based set of standards intended to realistically reflect natural constraints and development opportunities;

• c. Enhance and preserve neighborhoods and property values by providing good quality design;

• d. Improve site planning and appearance through the application of modern and creative solutions to commonly repeated design problems found throughout the town.

3. Site Planning And Design: Multi-family residential developments shall be sited to respond to and respect property views, site features, existing topography, dwelling unit privacy and any adjacent existing development. The following multi-family site planning standards shall be used to create a safe, neighborhood environment in the project area:

a. Integrate Structures Into Natural Landforms:

(1) Site grading shall recognize existing natural landforms and drainage patterns by providing an appropriate transition of architectural elements to grade. For example, in larger developments use the natural features as amenities by leaving natural drainage swales or rock outcroppings undisturbed and orienting buildings and open spaces around them.

(2) Building pads and vehicle circulation shall generally follow contour lines rather than cross them. When a building must cross contour lines, step building pads down the slope rather than mass grading the site.

• (3) The grading plan shall direct and provide for an adequate flow of surface runoff to catch or retention basins while contouring the land to blend with existing conditions at the boundaries of the site.

b. Neighborhood Compatibility: New multi-family residential development shall relate to adjacent singlefamily residential districts in the following ways:

(1) By stepping down the scale, height and density of buildings at the edges of the development when surrounding neighborhoods are of lower density or smaller scale. Step the building down at the ends or sides nearest the single-family unit to a height approximately equal to that of the adjacent single-family residence (or of typical single-family residences in the vicinity if adjacent to an undeveloped single-family zoning district).

• (2) By incorporating architectural elements and materials that are similar to those used in the neighborhood.

• (3) By including a front yard that is similar to a single-family residence.

• (4) By locating parking areas within the project interior or at the side or back when necessary to achieve the

• "residential front yard" appearance.

4. Entry Drives: The principal vehicular access into a multi- family development shall be through an entry drive rather than a parking drive. Entry drives provide access to parking areas free from parking and backing out movements, parking drives lead through parking stall areas and can be interrupted by vehicles pulling into or out of parking spaces. Colored, textured paving (i.e., interlocking pavers) treatment at the entry drives is encouraged.

• a. Entry Statements:

• (1) Entry Statement Standards: Projects with ten (10) or more units shall include vehicular and pedestrian entry statements that shall be consistent with the following:

• (A) Provide one visually dominant entry to the development that conveys a sense of arrival;

• (B) Entry statements shall provide an open view into the development with landscaping and project directories;

• (C) Design the entry to provide a transition from the outside to an internal visual focus, such as landscaping, a water feature, sculpture or a building;

• (D) Special attention shall be given to hardscape and landscape treatments at the entry to enhance the overall image of the development. An entry statement shall consist of at least two (2) of the following items:

• (i) Hardscape structure (trellis, decorative, low garden wall with berming, guardhouse, decorative gate);

• (ii) Specimen landscaping (large, distinctive vegetation, i.e., relocated Joshua trees) or mature trees;

• (iii) Large boulder groupings;

• (iv) Water saving and easy maintenance fountains;

• (v) Textured or stamped concrete;

• (vi) Monument signage with accompanying landscape and berming; or

• (vii) Other comparable installations.

5. Clustering Of Units:

a. Consistent Application In Site Plan: The clustering of multi- family units shall be a consistent site planning element. Structures composed of a series of simple yet varied planes assure compatibility and variety in overall building form.

b. Perimeter Arrangement: Buildings shall be clustered to achieve a pleasing streetscape and visual variety at the perimeters of the development through variation in building siting, massing, orientation and landscaping.

c. Connections Between Building Clusters: In multi-building developments, pedestrian paths shall be provided to connect buildings in the development with one another, on site amenities and adjacent streets.

6. On Site Parking: In multi-family developments, there are generally three (3) ways to accommodate parking: parking drives, parking lots/courts, and garages within the residential structures. Projects with either long, monotonous parking drives or large, undivided parking lots are prohibited. The following standards shall be followed in the design of parking areas for multi-family developments:

• a. Parking Lot Layout:

• (1) In general, parking areas shall be visible from the residential units that utilize them.

• (2) Locate required resident parking spaces convenient to the units they serve.

• (3) The location of parking and drive aisles shall minimize the points of conflict between pedestrian and vehicular traffic.

• b. Parking Area Landscaping:

• (1) At least one landscape or shade tree shall be provided for every seven (7) spaces of open parking areas.

• (2) Provide landscaped planters in parking areas to break up expanses of pavement.

• (3) Parking drives, when located on the periphery of a project, tend to isolate the project from its surroundings. Perimeter parking drives are not desirable and shall be minimized. Where a parking area separates a

group of dwellings from the street, pedestrian or bicycle paths consisting of contrasting paving material shall provide access from groups of dwellings to the street.

• c. Parking Lots/Courts:

• (1) Parking courts shall not contain more than two (2) adjacent double loaded parking aisles.

• (2) The length of parking courts shall not exceed a length greater than one-half ([1] /2) the length of the lot where they are located.

• (3) Parking courts shall be separated by structures or by a landscape buffer of at least thirty feet (30').

• d. Garages/Carports:

• (1) Incorporating carports into exterior project walls adjacent to streets is strongly discouraged.

• (2) Provide a visual buffer between the fronts of carports and residential units by use of planting screens and/or architectural features.

• (3) Provide landscaping on exposed sides of carport or garage structures.

e. Parking Within The Front Yard Building Setback: Parking may be located within the required front yard if it is completely screened from the street by either a landscaped hedge or a decorative, architectural screen wall, integrated into the architecture of the building by use of similar materials or accent treatments.

7. Connections Between Buildings: In multi-family developments with three (3) or more buildings, pedestrian paths to facilitate circulation between buildings shall be provided.

8. Access To Amenities: Provide a pedestrian path to facilitate access between residential units and parking areas, recreational facilities, mailboxes, common open space, and to connect the development to the townwide trails system where a project is adjacent to the system.

9. Arrangement Of Open Space: Required common open space shall be conveniently located for the majority of residents and private open spaces shall be located near the units they serve.

10. Visibility: Multi-family developments shall have secure open space areas and children's play areas that are visible from the units.

11. Location Of Amenities: Recreational amenities shall be located adjacent to designated open space areas wherever possible.

12. Landscaped Areas:

a. Landscaping Considerations: Landscaping is used to frame, soften and embellish the quality of the environment, to buffer units from noise or undesirable views, to break up large expanses of parking, and to separate frontage roads within the development from public streets. To accomplish these design objectives, a landscape needs vertical elements. Trees and tall shrubs are needed in addition to ground cover and can also be used to provide shading and climatic cooling of nearby residential units.

b. Landscape For Screening And Privacy: Landscaping shall be used to maximize the privacy of adjacent single-family residences. A minimum of twenty percent (20%) of the trees used for screening purposes shall be twenty four inch (24") box size when installed.

• C. Multi-Family Architectural Design Guidelines:

1. Dwelling Unit Architecture:

a. General: New multi-family residential development shall relate to adjacent single-family residential districts in the following ways:

(1) By stepping down the scale, height and density of buildings at the edges of the development when surrounding neighborhoods are of lower density or smaller scale. Step the building down at the ends or sides nearest the single-family unit to a height approximately equal to that of the adjacent single-family residence, or of typical single-family residences in the vicinity if adjacent to an undeveloped single-family zoning district.

(2) By incorporating architectural elements and materials that are similar to those used in the neighborhood.

b. Architectural Style: While there is no particular architectural style required for multi-family residential structures, the focus shall be on the development of a high quality residential environment that provides variety and visual interest while still creating an overall unified image. Desert appropriate architectural styles shall be used to blend the development into the natural desert environment to the greatest extent possible. Desert appropriate styles will respond to desert conditions such as sun, wind, heat and cold. In selecting an architectural style, compatibility with surrounding character, including compatible building style, form, size, color, materials and roofline, shall be considered.

c. Architectural Unity And Variation: Within multi-family developments containing several buildings, a common architectural theme among the buildings must be evident so that a unified image is presented. Within the unified image, each building should contain some identifying feature(s) that sets it apart from other buildings in the development so that an occupant can readily identify his/her building.

(1) Unified Development Image: An overall unified image in a development with several buildings can be achieved through the use of common elements and/or materials. Multi-family buildings in such a context shall incorporate the following design principles:

(A) Building form, roofline and primary materials shall represent a common theme throughout the development;

(B) A similar architectural character shall be provided on all sides of a building. Repeat details on all sides of a building; make them appear functional and real;

(C) Forms, colors, architectural details and landscape materials shall be consistent throughout the development. Variations for the purpose of establishing individuality among buildings within a group shall be consistent with an overall palette of materials and colors;

(D) Building entries shall be integrated into the building architecture. Upper decks, balconies, stair towers, utility closets and mechanical screening shall be integrated into the building architecture rather than add on elements to a finished facade or roof;

(E) Interior and exterior storage areas shall be integrated into the building design to make them compatible with the building architecture;

• (F) Massing and scale.

Compatibility with adjacent single-family residential development: Because multi-family developments are frequently taller than one story, their bulk can be imposing to surrounding uses, especially single-family residential uses. The scale of multi-family developments shall be considered within the context of their surroundings. This section is not intended to limit two-story buildings but to provide transitions in rooflines and articulation of buildings and rooflines. The scale of multi-family structures shall relate to adjacent single-family residential structures in a manner consistent with this code.

(2) Mitigating Mass And Scale Of Unarticulated Building Planes:

(A) Blank end walls are not allowed. Instead, end walls shall be given some form of articulation or architectural treatment.

• (B) Balconies, porches, patios and chimneys shall be integrated into multi-family structures to break up large wall masses, and to offset floor setbacks.

(C) Long barrackslike multi-family structures shall be avoided through the use of separations, changes in roof plane, horizontal offsets, and the inclusion of elements such as balconies, varied floor elevations, awnings, porches and patios.

(3) Support Facilities, Compatibility With Primary Structures: Support facilities such as laundry facilities, recreation buildings, sales/lease offices or temporary sales offices within multi-family developments shall be consistent in architectural design, form, colors and materials with the residential structures.

(4) Detached Garages: Detached garages shall be designed as an integral part of the architecture of projects and shall be similar in style, form, scale, color, detailing and materials to the primary structure.

• (5) Dwelling Unit Access And Entries:

• (A) Use In Providing Facade Articulation: Entry areas shall be utilized to articulate building faces through recesses, covered porches, or other architectural treatments in such a manner as to increase the sense of arrival.

• (B) Provide Shelter: Entries shall provide shelter from natural elements such as sun, rain and wind.

• (C) Shared Entries: Access points to residential units shall be clustered in groups of four (4) or less. The use of long, monotonous balconies and corridors resulting in a "motel" type of appearance is discouraged.

• (D) Visibility: Whenever possible, entrances to individual residential units shall be plainly visible from the parking areas that serve them.

• (E) Maximize Privacy: Entries to individual units shall be spaced as far apart as possible to maximize privacy.

(6) Roof: The pitch and form of roofs are a visible community feature. A range of roof forms and roof pitches can add an appealing visual impact to the community streetscape.

(A) Roof Overhangs: Broad roof overhangs when compatible with the basic architectural theme of the structure are recommended to produce interest and to respond to climatic conditions, especially when used in combination with courtyards, porch enclosures, balconies and recesses.

(B) Roof Materials: The roofing material shall be constructed of nonreflective fire retardant materials and exhibit muted earth tones.

• (7) Exterior Stairs, Integrate With Building Architecture:

• (A) In new buildings, simple, clean, bold projections of stairways integrated into the building architecture are encouraged to complement the architectural massing and form of the multi-family structure.

(B) Stairways integrated into the building architecture are encouraged in order to provide protection from natural elements such as sun and wind.

(C) Where modifications to existing multi-family residential structures include the addition of stairways, thin looking, open metal, prefabricated metal stairways shall be avoided. Instead, materials similar to the exterior of the building shall be used to architecturally link the stairway to the building.

(8) Walls And Fences: Fencing requirements shall remain flexible, but installations shall take advantage of the natural features of the site like topography and vegetation.

(A) Privacy Screening: Closed privacy fencing should be limited to the immediate area around the private open space areas or outbuildings. If wood fencing is proposed, the fencing shall be designed to withstand the frequent high desert winds. Chainlink is not permitted.

(B) Private Courtyards: Private open space courtyards utilizing decorative walls providing shelter from wind are strongly encouraged.

(C) Materials Within Front And Street Side Yard: All walls and fences within the front yard or street side yard setback area shall be constructed of decorative materials such as split face or slump stone block, river rock or other similar materials that complement the materials used on the building or as approved by the commission.

(D) Property Line Fencing: Property line walls and fences shall be constructed of decorative materials such as rail fencing or split face block or slumpstone, or incorporate decorative enhancements such as caps or pilasters. Property line fencing with unadorned solid wood or cinder block is prohibited.

(E) Articulation: Where any solid wall or fence exceeds forty feet (40') in length, the wall or fence shall be visibly articulated by pilasters or changes in the wall plane such as insets for plantings. Such articulation shall occur at a minimum of forty foot (40') intervals. All walls shall incorporate decorative caps.

2. Building Color:

• a. Colors should be muted and lighter in value. Primary, bright, and fluorescent colors shall be avoided.

D. Multi-Family Infill In Single-Family Neighborhoods: New multi- family developments shall be integrated into an existing single- family neighborhood so that they are compatible with adjacent structures and fit within the context of the existing neighborhood. Below are additional standards for these developments:

1. Architectural Compatibility: New multi-family developments in existing single-family neighborhoods shall incorporate the architectural characteristics and maintain the scale of existing single-family structures on the site and on adjacent property; for example, building height, window and door detailing, facade decoration, materials, color, roof style, roof pitch, porches, etc.

2. Front Setbacks: Front setbacks for new multi-family developments in existing single-family neighborhoods shall be equal to or greater than the average front setbacks for the two (2) adjacent properties. If one or both of the adjacent properties are vacant, then the average front setback shall be calculated on the next adjacent occupied properties.

3. Site Design: The site design of new multi-family developments in existing single-family neighborhoods shall reflect the development patterns and scale of development of the surrounding neighborhood and any existing on site single-family structures, in terms of vehicular and pedestrian circulation, access, parking and landscaping. Any substandard conditions existing on the site shall be brought up to standard with the new development. (Ord. 253, 1216-2014)

A. Purpose: The purpose of this section is to provide standards for applicants that desire to develop under the provisions of chapter 9.67, "Planned Development Permits", of this title. The standards in this section are intended to promote a more efficient use of the land and to create a more desirable and affordable living environment by providing greater design flexibility than would be possible through the strict application of standard development regulations required by a zoning district.

B. Applicability: The provisions in this section apply to development in any residential zoning district in compliance with the application requirements identified in chapter 9.67, "Planned Development Permits", of this title. Strict compliance with the purpose and intent of the general plan shall be required. Only uses allowed in the zoning district for which the planned development is proposed shall be allowed.

• C. Development Standards:

1. Size: A minimum site of five (5) acres shall be required for a planned residential development.

2. Density: The total density of a planned development shall be determined by the zoning district applicable to the subject property. Increased densities may be granted by the review authority through the bonus density or transfer of density authorized by the general plan and implemented by this development code under the housing incentives plan in chapter 9.47, "Density Bonus", of this title, or a specific plan. However, density increases shall not be granted

for that portion of a planned development for which only a preliminary development plan has been approved. Parcel sizes smaller than those required by the zoning district may be approved for a planned development provided the overall parcel density is not exceeded, except as otherwise allowed by this development code and/or the general plan. The maximum unit allowable dwelling densities shall be as follows:

TABLE 2-14

TRANSFER OF DENSITY

Note:

1. The density shall not be more than the maximum allowed by the zoning district.

a. Transfer Of Density: A one hundred percent (100%) transfer of the density indicated on the general plan official zoning district shall be allowed within a planned development project, provided all other performance criteria are met. The maximum allowable density transfers shall be determined by the table above. This transfer of density may include a transfer of density from adjacent property for which development restrictions in favor of the planned development project have been obtained.

(1) To be eligible for density transfer, adjacent private lands shall meet the following criteria:

(A) Private lands from which the density is being transferred shall be free of hazards or other physical constraints that prohibit the construction of residential dwellings.

(B) Private lands from which the density is being transferred shall be shown on the general plan as developable for residential dwellings.

(2) Open space within the project that has been created as a result of a density transfer shall be common open space. However, in those circumstances when it is infeasible or impracticable for a private organization to adequately maintain and preserve the land as open space, the land may be dedicated to the public for open space purposes.

(3) Transferable density on slopes within a fire safety overlay shall be determined by the formulas in section

9.17.050, "Fire Safety Development Standards", of this article 2.

b. Bonus Density:

(1) An additional bonus in dwelling unit density, up to ten percent (10%) above that indicated in the zoning district for the area, may be granted by the review authority provided one of the following criteria is met:

(A) A publicly valuable resource is provided, preserved, or enhanced that would otherwise require the expenditure of public monies.

(B) A public or quasi-public feature is provided above and beyond the normal expectations.

(C) An amenity, convenience, or excellence in design is provided above and beyond normal expectations.

(D) The granting of density bonuses shall further the purpose and intent of the planned development provisions of this development code and the general plan.

(2) Density bonuses identified in state planning and zoning law, including section 65915 et seq., shall also be considered.

3. Accessory Uses In Planned Residential Developments (PRDs):

a. RS District: Accessory uses allowed in the RS (single-family residential) zoning district shall be allowed in a planned residential development, provided that the accessory uses are compatible with the approved PRD development plan.

b. Horses: When the underlying zoning district allows the keeping of horses, and where the density of a planned residential development project does not exceed four (4) dwelling units per acre, horses shall be allowed in a PRD project as follows:

• (1) On parcels twenty thousand (20,000) square feet or greater subject to the regulations of the RS (singlefamily residential) zoning district.

• (2) Where parcels are less than twenty thousand (20,000) square feet, horses shall be allowed subject to the following conditions:

• (A) Horses shall be clustered onto common parcels.

• (B) The maximum density of horses shall not exceed four (4) horses per gross acre of common parcel area.

• (C) Standards and regulations relating to keeping of horses in section 9.08.020 of this chapter, animal keeping, shall also apply.

• (D) Maintenance and management of the clustered facilities shall be provided by the property owners' association.

c. Phased Development: In a phased development, safeguards shall be required in the form of easements or bonds or other commitments for open space requirements that will protect the integrity of the total project.

• d. Subdivision: When a tentative subdivision map is filed with a planned development project, before recordation of the final subdivision map, the following items shall be filed with the appropriate agency:

• (1) Documentation of easements, covenants, deeds, and property owners' association bylaws, restrictions, and articles of incorporation.

(2) Sureties and performance bonds covering open space areas, dedicated public improvements, and other items as determined by the review authority. The amount of the performance bonds shall be reviewed annually by the appropriate agency.

D. Design Standards:

1. Authority Of Commission To Alter Standards: Unless specifically changed within this section, adopted town ordinances, standards, and policies shall apply to a planned development project, including those identified in this development code and the general plan. The commission may alter adopted standards, where, in the commission's opinion, the altered standards would more adequately serve the purposes and intent of the planned development provisions of this development code.

2. Circulation And Parking:

• a. Vehicular Circulation Pattern: The vehicular circulation pattern shall be designed to:

• (1) Provide adequate vehicular access to and within the project, in compliance with adopted town standards.

• (2) Coordinate with external transportation networks in terms of location and loads.

• (3) Integrate with the natural landscape and, where possible, parallel the natural drainage system.

• (4) The noise levels from vehicular traffic shall comply with the standards outlined in section 9.34.080, "Noise", of this title.

• (5) The planned development project, and each phase of the project, shall have two (2) points of vehicular ingress and egress from surrounding streets, one of which may be emergency only, if approved by the fire department.

(6) Private streets are acceptable if they are built to town standards and are inspected by the town. However, rights of way shall not be accepted by the town nor shall private streets be accepted as part of the town's maintained road system.

b. Pedestrian Circulation Pattern: The pedestrian circulation pattern shall be designed so that:

(1) It is separated from vehicular traffic where possible and it discourages pedestrian crossing of the vehicular network, except at controlled points that are designed for pedestrian safety.

• (2) Hard surfaced, safely lighted pedestrian access to common open space, recreational areas, community facilities, and other logical terminal points shall be provided.

• c. Common Off Street Parking Areas: Common off street parking areas shall be designed so that:

• (1) They provide adequate, convenient, well marked, and safely lighted parking.

• (2) With the exception of enclosed parking structures, they shall contain appropriate landscaping to minimize the effect of large areas of asphalt or concrete.

• d. Parking Spaces Required Per Unit: Two (2) parking spaces per dwelling unit shall be provided. Tandem

• parking shall not be allowed. Guest parking, either on street or in common parking areas, shall be provided at a ratio of one space per two (2) dwelling units.

3. Open Space:

a. Open Space Defined: For the purposes of this section, open space within a planned development shall be the total area of land or water within the boundaries of a planned development, designed and intended for use and enjoyment as open space areas.

• (1) Open space within a planned development shall include the following:

• (A) Area of the site not covered by structures, paved areas or accessory structures, except recreational structures.

• (B) Land that is accessible and available to all occupants of the development for which the space is intended.

• (2) Open space within a planned development shall not include:

• (A) Proposed and existing street rights of way and private streets.

• (B) Open parking areas, driveways.

• (C) School sites.

• (D) Commercial, industrial, or office areas, and their structures, accessory structures, parking, and loading facilities.

b. Minimum Open Space Required For Planned Development: A residential planned development project shall have a minimum of forty percent (40%) private and common open space, not including balcony area.

• c. Minimum Open Space Required For Each Dwelling Unit: Each dwelling unit shall have a minimum contiguous private open space area as follows:

• (1) Ground floor: Two hundred twenty five (225) square feet.

• (2) Upper story dwelling without ground floor: Sixty (60) square feet.

d. Management Of Common Facilities: Provisions for the maintenance and management of the common open space and common facilities shall be reviewed and approved by the commission. The approval shall be based on the following criteria:

• (1) The applicant shall establish a property owners' association before the selling of a parcel or the occupancy of a dwelling unit.

• (2) The property owners' association bylaws, restrictions, and articles of incorporation shall include the necessary regulations required by the federal housing administration. Other standards shall be approved by the town.

4. Site Resource Utilization:

a. The planned development shall be designed and developed to minimize the cutting of trees, disturbance of ground cover, cut and fill work, drainage alteration, and hillside development. Removal of trees shall be in compliance with town permit procedures.

b. New earthwork and exposed slopes shall be suitably stabilized in compliance with chapter 9.20 of this article

• 2, hillside grading. Scarred and erosion prone areas shall be stabilized with appropriate planting.

5. Site And Structure Relationship:

• a. The spacing of structures shall be governed by the requirements for adequate light and air, proper access, fire regulations, and the need for visual and auditory privacy.

• b. Whenever possible, dwelling units shall be arranged to take advantage of views and vistas.

• c. The planned development shall be designed to minimize the likelihood of criminal activity by:

• (1) Minimizing those areas that are neither clearly private nor public.

• (2) Planting landscaping to ensure that maximum observation is obtained while providing the desired degree of aesthetics.

• d. Structure height, bulk, and coverage are regulated only to the extent that ensures that they meet the performance criteria identified in subsection C, "Development Standards", of this section.

6. Perimeter:

a. Adjacent properties to the planned development shall be protected from adverse influences of traffic, land use, structure scale, and density by the combined use of screening, setbacks, and land use location.

b. Perimeter planning and coordination are required to ensure continuity in the community facilities and services. The applicant shall demonstrate that the development proposal can be adequately served by community facilities and services without undue public expenditure.

c. Planned development projects that are within fire safety (FS) overlay shall develop perimeter areas in compliance with section 9.17.050, "Fire Safety Development Standards", of this article 2. (Ord. 253, 12-16-2014)

A. Purpose: This section provides standards for the establishment and operation of residential/social care facilities. B. Applicability: The standards in this section apply to residential/social care facilities where allowed in residential districts, in addition to compliance with the standards in chapter 9.07, "Residential And Hillside Reserve Districts", of this article 2.

Facilities with six (6) or fewer persons do not require a conditional use permit and are allowed where a single-family dwelling is allowed, however, such facilities shall comply with the general requirements.

• C. General Requirements:

1. Applicable Zoning District Development Standards: Each social care facility shall conform to the property development standards for the zoning district in which it is located.

2. Separation: Social care facilities shall not be located within three hundred feet (300') of another similar facility.

3. Applicable Health And Safety Regulations: Social care facilities shall be operated in compliance with applicable State and local health and safety regulations.

4. Required Permits And Licenses: Social care facilities shall be in conformance with the California Building Code. A certificate of occupancy shall be obtained from the Building and Safety Division before occupancy of social care facilities.

5. Fire Department Requirements: Each social care facility shall provide fire extinguishers and smoke detector devices and shall meet all standards established by the Fire Chief.

D. Development Standards: In addition to the general requirements residential/social care facilities with seven (7) or more persons shall comply with the following standards:

1. The site shall be located on or adjacent to a paved street where required street improvements can connect.

2. Building setback of fifty feet (50') from all property lines as required when developing in or adjacent to a Single-Family Land Use District; otherwise the underlying building setbacks of the land use district shall apply.

3. Common outdoor recreational amenities shall be provided subject to review and approval by the commission.

4. The heights of any proposed structure(s) shall be compatible with that of the surrounding development.

5. The architectural design of facilities shall be compatible and in scale with the surrounding development.

6. Parking areas for facilities in Residential Land Use Districts that accommodate more than ten (10) vehicles shall be divided into a series of smaller parking areas by landscaping and by offsetting portions of lots in ways that effectively reduce the visual impacts of large parking areas.

7. Access drives and parking aisles shall be kept at a maximum distance possible from any adjacent residential units. (Ord. 253, 12-16-2014)