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