The purpose and intent of general development standards is to
ensure that new uses and development will contribute to, and be harmonious
with existing and potential development in the surrounding area, as
well as further the goals, objectives, policies and implementation
programs of the general plan.
(Ord. 359, 1992)
Any activity or use, and any permit or approval which authorizes new construction or substantial reconstruction of an existing building or structure, shall be subject to the requirements of the underlying district and any applicable standards contained in this chapter, except that the minor rehabilitation of, or addition to buildings may meet the standards in Section 9.08.050 if the minor rehabilitation project is subject to the minor development review process, or if the project requires discretionary review, but would otherwise be subject to the minor development review process.
(Ord. 359, 1992; Ord. 534 § 1.2, 1998)
A.
Accessory
Structures within Residential Districts.
1.
Accessory
Structures Used for Living Purposes. Subject to the provisions of
this section, an accessory structure which is used either wholly or
in part for living purposes, shall meet all of the requirements for
location of the main structure. Additions to existing dwellings which
are nonconforming with respect to a required side yard setback may
be built subject to the following exceptions and limitations:
a.
The distance between the addition and the property line shall be
no less than five feet from the interior side property line and 10
feet from the street side property line; and
b.
With respect to an addition to an existing dwelling that is located
on the interior side property line, the addition shall be constructed
at the property line or a minimum of five feet from the property line.
c.
Granny units and second units shall be subject to the setback requirements
specified in Sections 9.09.120 and 9.09.130 respectively.
2.
Accessory Structures Not Used for Living Purposes. Accessory structures may be attached to or detached from the main structure. Accessory structures include, but are not limited to, patio covers, storage sheds, barns, garages and gazebos. Special provisions regarding ham radio antennas and satellite dishes are specified in Section 9.09.040.
Accessory structures shall meet the requirements of the main
structure except that:
a.
Unless otherwise provided for within this section, structures up
to 15 feet in height shall be located no closer than five feet to
the rear property line, five feet to the interior side property line
and 10 feet to the street side property line.
b.
Where single-family residential uses were legally established on
parcels which became substandard upon adoption of this title, one
story open-sided structures such as patio covers and gazebos shall
be no closer than five feet to the rear property line and three feet
to the interior side property line.
c.
A garage that is attached to the main structure shall be subject
to the setback requirements of the main structure.
d.
No accessory structure within any required yard shall exceed 600
square feet in gross floor area.
e.
Above-ground accessory structures shall occupy no more than 25% of
any required yard.
f.
An accessory structure that does not require a building permit (including
a tool shed, storage shed, playhouse or similar building with a floor
area of 120 square feet or less) may be placed less than five feet
from any side or rear property line, provided said structure is on
the interior side of the adjacent parcel boundary fence or wall and
no higher than the top of such fence or wall.
3.
Architectural
Features.
a.
Projections Into Yards. Architectural features (such as steps, eaves,
awnings, chimneys, balconies, stairways, wings walls and bay windows)
and heating, cooling and ventilating equipment may project not more
than four feet into any required front or rear yard setback area.
Such features and equipment may project up to four feet into any side
yard area provided a minimum setback of three feet to the side property
line is maintained.
b.
Projections Above Height Limits. Architectural features comprised
of no more than five percent of the gross building floor area including
flues, chimneys, elevators, spires, belltowers and mechanical equipment
(such as air conditioners and associated screens) may exceed the height
limit of the applicable district by not more than 10 feet through
the minor development review process or up to a maximum total height
of 75 feet subject to approval of a conditional use permit; provided
such feature shall not be used for habitable space and appropriate
screening and compatibility with the balance of the structure is provided.
4.
Structure Separation. Separation between structures shall be subject to the requirements specified in Section 9.03.040(D) within the residential site development standards Table 9.03.040-6.
B.
Accessory
Structures Within Nonresidential Districts.
2.
In
any nonresidential district, accessory structures shall not be located
in front of the main building.
3.
Eaves,
roof projections, awnings and similar architectural features located
at least eight feet above grade may project into required building
setback areas a maximum distance of three feet, provided that such
feature shall be at least five feet from any property line.
4.
Fireplaces,
chimneys, bay windows, balconies, fire escapes, exterior stairs and
landings and similar features may project into the required setback
a maximum distance of two feet, provided that such features shall
not occupy more than 25 square feet of each required building setback
area, and shall be at least five feet from a property line.
5.
Architectural
features comprised of no more than five percent of the gross building
floor area, including flues, chimneys, antennas, elevators and other
mechanical equipment, spires, bell towers or similar architectural,
utility, or mechanical features may exceed the height limit of the
applicable district by not more than 15 feet through the minor development
review process or up to a maximum total height of 75 feet subject
to approval of a conditional use permit provided such feature shall
not be used for habitable space and appropriate screening and compatibility
with the balance of the structure is provided.
6.
Ground
mounted equipment incidental to commercial development shall be appropriately
screened with solid walls and/or landscaping. Equipment location shall
be away from the front of the building, and screening shall be similar
to adjacent architecture and materials.
8.
Roof-mounted
equipment shall be completely screened from public view.
a.
All roof screens must be solid and continuous.
b.
Roof screens shall be sheathed in a matching or complimentary material
to the exterior building material and may include metal panels, aluminum,
copper or ceramic tile.
c.
Picket fence screening shall not be permitted.
d.
Mechanical plants and distribution networks shall be minimized and
contained within efficient roof-top penthouses.
9.
Accessory
structures associated with residential uses shall be subject to the
development standards for accessory structures within residential
districts. Where such standards refer back to the requirements of
the underlying district, the R5 district standards shall be used.
(Ord. 359, 1992; Ord. 405 § 1.12, 1993; Ord. 528 § 1.4, 1997; Ord. 599 §§ 3.1, 3.2, 2002; Ord. 604 § 2.8, 2002)
A.
Purpose
and Intent. The purpose of this section is to establish development
standards and special conditions for the protection of the community,
purchasers and tenants with respect to condominiums, community apartments,
stock cooperatives and mobilehome park residents, both when such developments
are being developed, used and occupied, and when rental units are
being converted into condominium projects, community apartment projects,
or stock cooperative projects, and including mobilehome parks.
B.
Applicability.
All new or converting residential condominiums, community apartment
projects, stock cooperatives, cooperative apartments, and mobilehome
parks shall conform to the provisions of this section in addition
to any and all requirements for preparation, review and approval of
a subdivision map and any other applicable approvals.
C.
Minimum
Requirements. Except as otherwise provided by law, in approving or
conditionally approving any condominium stock cooperative or community
apartment project, including conversions of apartment and mobilehome
park developments, the following shall be required:
1.
Residential Parking. Off-street parking shall be provided in the amount and type pursuant to standards for new construction in Chapter 9.11 of this title.
2.
Yard
and Height Requirements. All new condominium, stock cooperative or
community apartment projects, including conversions of apartment and
mobilehome park developments, shall comply with property development
standards for the district in which the project is to be located;
more restrictive requirements may be imposed which are consistent
with or directed by and to implement specified general plan policies
and which serve to protect the public health, safety or general welfare.
3.
Covenants,
Conditions and Restrictions (CC & R's). The covenants, conditions
and restrictions (CC & R's) for a condominium or cooperative project
shall include the following:
a.
Adequate provisions for maintenance, repair and upkeep of common
areas. The subdivider shall submit an estimate of and guarantee for
the maintenance costs for a period of 12 months beginning at the close
of escrow on the first unit sold, the subdivider to be responsible
for all costs of normal maintenance in excess of the estimate;
b.
Provisions that in the event of destruction or abolishment, reconstruction
shall be in accordance with codes in effect at the time of such reconstruction;
c.
Provisions for guaranteeing and maintaining continuing structural
integrity and operation of common area facilities, including but not
limited to, the roof, plumbing, heating, air-conditioning and electrical
systems for a period of one year from the date of the sale of the
last individual unit.
D.
Condominium
and Mobilehome Park Conversions. No condominium, stock cooperative
or community apartment project conversion, including mobilehome park
conversion, shall be approved unless all of the following conditions
are met:
1.
Prospective
tenants have been given written notification of intent to convert
pursuant to the provisions of California Government Code Section 66452.51
(Subdivision Map Act) prior to filing of the conversion implementing
project with the community development department. Such notice shall
be given by the applicant, and shall contain information as to tenant's
rights, as provided by law;
2.
All
other applicable provisions of the Subdivision Map Act of the state
of California shall be complied with;
3.
Tenants
have been notified in writing of all public hearings in connection
with an application for conversion, and all tenants subsequent to
the initial notice of intent have been notified in writing of the
pending conversion prior to acceptance of any rent or deposit;
4.
The
structural, electrical, fire and life safety systems are in safe and
operable condition, or that necessary repairs, including such alterations
or repairs, as are required by the building official, will be completed
prior to sale of units;
5.
Plumbing
is in sound condition, all water heaters, and where feasible, pipes
for circulated hot water are insulated, individual gas and electrical
meters are provided, and adequate protected trash areas are provided;
6.
All
tenants have been given at least 180 days' written notice of intention
to convert prior to termination of tenancy; and
7.
For
residential conversions, the decision-making body must determine that:
a.
The conversion is consistent with the general plan, and
b.
In the case of condominium conversions, the vacancy factor of rental
housing units in the city exceeds five percent of the total rental
housing inventory. Existing rental units may be approved for conversion
regardless of the vacancy factor if the city council determines that
a new rental unit has or will be added to the city's housing inventory
for each rental unit removed through conversion.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
This section provides development standards that would otherwise apply to the rehabilitation of an existing structure involving a minor development review, as provided for in Section 9.02.030 of this title. These standards apply to nonconforming uses, conversion from residential to commercial in an existing building, changes of use, and minor additions to an existing building. Structures or buildings must meet all required building and fire codes, and police requirements.
A.
Conversion
From Residential to Nonresidential Use Where No Expansion of the Existing
Building is Proposed.
B.
Exterior
Remodeling of an Existing Nonresidential Use Without Intensification
or a Non-conforming Use.
C.
Intensification
of Uses in Existing Structures with No Addition to Building or Structure.
1.
Parking.
Parking shall be provided on-site, based on current parking standards
for the difference between the number of spaces required for the new
use less the number of parking spaces that would be required for the
former use.
2.
Landscaping. Parking lot landscaping shall be provided for proposed parking spaces. All proposed landscaping shall be provided in accordance with Chapter 9.17 of this title. Previously landscaped areas may be required to be rehabilitated.
3.
Refuse
Bin. Outdoor storage of trash must be screened from public view.
D.
Exterior
Remodeling of an Existing Building with a Proposed Addition that Qualifies
for Minor Development Review.
1.
Parking.
Parking shall be provided on-site to meet the current parking standards.
2.
Landscaping. Parking lot landscaping shall be provided for proposed parking spaces. All proposed landscaping shall be provided in accordance with Chapter 9.17 of this title. Previously landscaped areas may be required to be rehabilitated.
3.
Refuse
Bin. Outdoor storage of trash must be screened from public view.
(Ord. 359, 1992; Ord. 386 § 1.14, 1993; Ord. 534 § 1.3, 1998; Ord. 616 §§ 2.2.7, 2.2.8, 2.2.9,
2.2.10, 2003; Ord. 694 § 1.1,
2005)
The maximum allowable development density shall be as per regulations
of the general plan land use designation and zoning district within
which a parcel is located. In determining the allowable number of
dwelling units, all remainders shall be rounded to the next lowest
whole number. The transfer of unused allowable density within a certain
general plan designation or zoning district to a separate general
plan designation or zoning district is prohibited.
(Ord. 359, 1992; Ord. 398 § 1.5, 1993)
A.
General
Provisions.
1.
No
fence or wall shall be placed in a manner that would deter the fire
department from immediately discerning and gaining access to any fire
hydrant or other fire protection device. Fences and walls shall be
located to maintain a minimum of three feet of clearance around the
circumference of any fire hydrant.
2.
No
fence or wall shall be placed within a city right-of-way without approval
of an encroachment permit by the city engineer for such fence or wall.
3.
Nothing in this section shall be construed to supersede more restrictive provisions of Chapter 8.21 of the municipal code (Grading Regulations), the International Building Code or the International Fire Code.
4.
An
open fence or wall, as used in this section, means any fence or wall
for which at least 75% of that portion which is above three feet in
height consists of openings that provide visibility and allow the
passage of light and air. All other fences and walls are considered
solid.
5.
All
fences and walls shall comply with the sight distance requirements
for traffic safety in accordance with the California Department of
Transportation Highway Design Manual.
6.
Required
Walls and Fences along Moreno Valley Freeway (California State Highway
60).
a.
Development projects adjacent to the Moreno Valley Freeway (California
State Highway 60) right-of-way shall construct either a split-face
block wall or tubular steel fence along the property line abutting
freeway right-of-way.
b.
The split-face block wall or tubular steel fence shall be eight feet
tall measured from the highest adjacent grade (property in question
or freeway right-of-way).
c.
Projects with frontage along city right-of-way abutting the Moreno
Valley Freeway (California State Highway 60) right-of-way shall install
walls and/or fencing along the limits of the right-of-way. The public
works director or their designee may require a fee in-lieu or may
waive this requirement.
d.
Wall heights may be increased subject to the recommendations of a
property specific noise study and concurrence by the community development
director or their designee.
B.
Fences
and Walls in Residential Developments.
1.
In
required front yards of residential developments:
a.
Any solid fence or wall located outside of vehicle lines-of-sight
at street intersections shall not exceed three feet in height and
any open fence or wall shall not exceed six feet in height. The height
of such fences and walls shall be measured from the finished grade
at the bottom of the fence or wall;
b.
Retaining walls up to three feet in height are allowed within any
front yard. In the case of a retaining wall that faces the exterior
of the property on which it is located, an open fence up to three
feet in height may be built directly on top of the retaining wall
(see Figure 9.08.070-1). In the case of a retaining wall that faces
the interior of the property on which it is located, a solid fence
or wall up to three feet in height, or an open fence up to six feet
in height, may be built directly on top of the retaining wall (see
Figure 9.08.070-2);
c.
Fences and walls located in front yards shall be decorative and made
of durable materials, including masonry, wood pickets, tubular metal
or other materials, as approved by the community development director.
2.
In
required side and rear yards of residential developments:
a.
Height.
i.
Except as described below, a wall or fence along any side yard or
rear yard shall not exceed six feet in height, as measured from the
finished grade.
ii.
The height of a wall or fence along the side or rear yard may exceed
six feet if the difference in elevation between adjoining sites warrants
such increase to maintain the effectiveness of screening that is generally
provided by six-foot walls and fences, provided that the height of
such wall or fence does not exceed eight feet (see Figure 9.08.070-3).
iii.
The height of a wall or fence along any side or rear yard may exceed six feet if the decision-making body determines that the additional height is needed to mitigate noise impacts or provide screening from adjoining arterial streets, freeways, or nonresidential uses (see Section 9.08.150 of this chapter). Any such wall or fence shall not exceed the height necessary to mitigate noise and screen undesirable views.
b.
Retaining Walls and Combinations of Retaining Walls and Nonretaining
Fences.
i.
Retaining walls within any side yard or rear yard shall not exceed
six feet in height, except where they are located on the boundary
between two residential parcels, in which case they shall not exceed
three feet in height. The combined height of retaining wall, wall
and or fence shall not exceed eight feet of solid surface (see Figure
9.08.070-4).
ii.
A six-foot high retaining wall may be placed three feet or more from
the side or rear property line (see Figure 9.08.070-5).
iii.
No two retaining walls on a given slope shall be closer to each other
than the height of the taller wall, except as described below.
iv.
In the case of a retaining wall that faces a street or other public
viewpoint, a nonretaining fence or nonretaining wall may be erected
above (either up-slope or directly on top) such retaining wall if
their solid surfaces, when added together, do not exceed eight feet
in height, and the combined surface area of solid and open fencing
shall not exceed 12 feet in height subject to approval by the community
development director. For example, a four-foot decorative metal rail
fence may be placed above a two-foot wall and a six-foot retaining
wall (see Figure 9.08.070-6).
c.
Fence and Wall Design.
i.
Side Yards and Rear Yards Adjacent to Residential Parcels. Fences
and walls located between residential parcels shall be constructed
of wood, decorative metal rail, decorative block or other durable
materials, as approved by the community development director.
ii.
Side and Rear Yards Adjacent to Streets, Freeways and Other Rights-of-Way.
Fences and walls placed between lots and adjoining rights-of-way shall
be constructed of decorative metal rail, decorative block or other
decorative and durable materials, as approved by the community development
director. Where practical, such fences and walls shall incorporate
landscaping, earth berms and changes in materials or texture to reduce
visible wall height, deter graffiti and add visual interest. Except
where the community development director determines that screening
is needed, open walls and fences shall be placed at the top of slopes
that are six or more feet above any adjoining right-of-way to provide
view opportunities and minimize wall height.
iii.
Side and Rear Yards Adjacent to Open Space Areas. Except where the
community development director determines that screening is needed,
open walls and fences shall be placed along side and rear yards that
are adjacent to open space areas.
iv.
View Lots. Except where the community development director determines
that screening is needed open walls and fences shall be placed along
side and rear yards that are 15 or more feet above the pad height
of the adjacent residential lot.
C.
Fences
and Walls in Nonresidential Developments.
1.
In
any required front or street side building setback area, a wall or
fence shall not exceed three feet in height, as measured from the
road grade nearest the property line.
2.
Walls
for the purpose of visual screening and sound attenuation shall be
required between nonresidential activities and any adjacent residential
use or residentially zoned property, or where more sensitive adjacent
land uses exist. The height, placement and design of such walls shall
be considered on a site-specific basis considering the need for sound
attenuation or visual screening.
(Ord. 359, 1992; Ord. 398 § 1.1, 1993; Ord. 528 § 1.5, 1997; Ord. 575 § 2.3, 2000; Ord. 604 § 2.9, 2002; Ord. 694 § 1.1, 2005; Ord. 759 §§ 5.2, 5.3, 2007; Ord. 808 § 2.3, 2010; Ord. 994 § 8, 2023)
Whenever a development approval is given for a project requiring
grading, or other preparation of the soil, the city may impose conditions
of the approval of the development relating to grading. Such conditions
are considered in issuance of any future grading permit and are complied
with in addition to the other provisions of the building code. Such
conditions may require, but are not limited to, the following:
A.
Lots
slope to landscape areas or pervious surfaces unless otherwise approved
by the city engineer;
B.
An erosion
control plan, prepared by a registered civil engineer, is submitted
to and approved by the public works department prior to grading plan
approval. The plan addresses methods of control (such as desilting
basins, checkdams, sandbagging), and interim storm drain construction,
if necessary;
C.
Dust
control measures are identified;
D.
Cut
and fill slopes are not constructed steeper than two to one (2:1);
E.
All
cut or fill slopes over three feet in depth are landscaped prior to
the issuance of a certificate of occupancy or building final, and
as soon as practicable after completion of final grading;
F.
Slopes
are designed to minimize scaring of the land by terracing, reducing
slope gradients, adding topsoil, building retaining walls, special
slope planting or other means. Man-made slopes conform to patterns
of the natural terrain. "Landforming" is applied to all slopes adjacent
to public streets, gateways, and public view areas, as well as to
all slopes greater than 100 feet in length or 10 feet in vertical
height, and accomplished by the use of variable slope ratios, undulating
of tops and toes, screening of terraces and downdrains, varying of
surface features, and by landscaping;
G.
All
dwelling units are located a minimum of 10 feet from the tops and
toes of all slopes, unless otherwise approved by the public works
director and the community development director;
H.
Crib
walls, or an equivalent, are used to enhance a cut slope's capability
to be landscaped and irrigated;
I.
Natural
features such as trees with four-inch or larger trunk diameters and
significant rock outcroppings are protected to the greatest extent
feasible in the siting of individual lots and building pads. These
features are identified on the grading plan with appropriate protection
and relocation notes;
J.
The
quantity of soil import and export may be limited. Albeit, all excess
excavated material is removed or otherwise relocated to become an
integral part of the site development;
K.
Streets
permitting trucks or equipment travel are designated;
L.
Hours
of operation are limited;
M.
Such
other conditions deemed necessary to protect the public health, safety
or welfare while still providing for orderly development of the property
in accordance with the provisions of the project approval.
(Ord. 359, 1992; Ord. 616 § 2.2.11, 2003; Ord. 694 § 1.1, 2005; Ord. 826 § 3.3, 2011)
A.
Purpose
and Intent. The purpose of this section is to provide local regulations
which are complementary to and not inconsistent with applicable federal,
state and county regulations related to hazardous materials and waste.
Such local regulations are necessary to protect life and property
from the potential short-term and long-term deleterious effects of
the necessary transportation, use, storage, treatment and disposal
of hazardous materials and waste within the city.
B.
Hazardous
Materials Management Requirements.
1.
Commercial
and industrial concerns, which receive, utilize, store, transport
or dispose of hazardous waste and restricted use pesticides in quantities
exceeding 500 pounds at any one time, shall have access to sewer and
freeways, and shall keep such materials at least 2,000 feet from the
nearest area planned for residential use or as otherwise specified
in the city general plan.
2.
Commercial
and industrial concerns, which propose to locate within the city,
shall provide the fire department with a list of all hazardous materials
to be used at the site, a description of where and how each is stored,
and how each react in a fire.
3.
Placards
or other appropriate signage indicating hazardous materials or wastes
are being stored shall be placed on all buildings which have hazardous
materials or wastes stored.
4.
The
discharge of hazardous wastes into the air, land or into water resources
within city boundaries is prohibited.
5.
Commercial
and industrial concerns, which create, utilize, store or treat hazardous
materials or waste, shall prepare a hazardous materials and waste
management plan which provides for the use of the best available technology
within the production process. The plan shall be subject to approval
by the public safety coordinator, and review by the police department
and shall outline source reduction, treatment, handling, transportation,
disposal, emergency response and employee training methods.
6.
Uses,
which create, utilize, store or treat hazardous waste, shall implement
the best available technology for on-site pretreatment and reduction
of hazardous wastes, whenever feasible.
(Ord. 359, 1992)
A.
Purpose
and Intent. The purpose of this section is to establish regulations
and standards for outdoor lighting which will reduce light pollution
and trespass generated by residential and non-residential lighting
fixtures and devices, while maintaining dark skies. It is also the
intent of this section to encourage, through the regulation of the
types, construction, installation and uses of outdoor illuminating
devices, lighting practices and systems to conserve energy without
decreasing safety, security and productivity.
B.
Applicability.
Lighting standards included in this chapter shall apply to:
1.
All
new development;
2.
Any
existing development or parking area providing five or more spaces,
which is enlarged, reconstructed, altered or changed from its previous
configuration shall be subject to illumination requirements included
in this chapter;
3.
Existing
land uses are exempt from specific lighting requirements included
in this chapter, except that they are subject either to general lighting
intensity standards (i.e., foot-candle requirements) in place prior
to the effective date of the ordinance codified in this chapter or
standards of a prior point by point or photometric lighting plan approved
by the city. Any general modifications to existing on-site lighting
structures or fixtures and/or intensity of lighting may be subject
to the regulations provided in the entirety of this chapter as determined
by the submittal and review of a new or revised photometric lighting
plan.
C.
Minimum
Development and Performance Standards. All exterior lighting shall
meet the following requirements:
1.
Single-Family
Residential Uses.
a.
In all single-family residential areas, light should be shielded
such that the lamp itself or the lamp image is not directly visible
outside the property perimeter.
b.
The maximum wattage for residential lighting shall be 100 watts incandescent
or equivalent light intensity and 26 watts compact fluorescent or
equivalent light intensity, except for recreational courts.
2.
Multiple-Family
Residential Uses.
a.
All outdoor lighting associated with residential uses shall be fully
shielded and directed away from adjacent residential properties. Such
lighting shall not exceed one-quarter foot-candle minimum maintained
lighting measured from within five feet of any property line, and
shall not blink, flash, oscillate or be of unusually high intensity
or brightness.
b.
All lighting installations shall be designed and installed with full
cutoff and be fully shielded to reduce glare and light trespass.
c.
The maximum wattage for residential lighting shall be 100 watts incandescent
or equivalent light intensity and 26 watts compact fluorescent or
equivalent light intensity, except as allowed for parking lot lighting
and recreational courts.
3.
Nonresidential
Uses.
a.
All outdoor lighting associated with nonresidential uses shall be
fully shielded and directed away from surrounding residential uses.
Such lighting shall not exceed one-quarter foot-candle minimum maintained
lighting measured from within five feet of any property line, and
shall not blink, flash, oscillate or be of unusually high intensity
or brightness.
b.
All lighting installations shall be designed and installed with full
cutoff and be fully shielded to reduce glare and light trespass.
c.
The maximum wattage for nonresidential uses shall be 250 watts or
equivalent light intensity of high intensity discharge (HID) lighting.
4.
Off-Street
Parking.
a.
All parking lots or structures providing more than five spaces for
use by the general public and their pedestrian links shall be provided
with a minimum coverage of one foot-candle of light with a maximum
of eight foot-candles on the parking or walkway surface, unless otherwise
approved, for visibility and security. Such lighting shall not exceed
one-quarter foot-candle minimum maintained lighting measured from
within five feet of any property line, and shall not blink, flash,
oscillate or be of unusually high intensity or brightness. All wiring
shall be underground.
b.
All lighting installations shall be designed and installed with full
cutoff and be fully shielded to reduce glare and light trespass.
c.
The maximum wattage for parking lot lighting shall be 250 watts or
equivalent light intensity of high intensity discharge (HID) lighting.
5.
Public
Parks, Trails and Athletic Field Lighting.
a.
The illumination of outdoor public recreational (sports) facilities,
unless a specific recreational activity requiring the lighting is
already in progress, is prohibited between midnight and dawn. Lighting
shall be provided as specified in this chapter. All lighting shall
be designed and installed in compliance with the parks and community
services document titled "Lighting Standards for Parks and Related
Public Facilities."
b.
Public Parks. New lighting designs and retrofit fixtures shall contain
horizontal cutoff to reduce vertical lighting above the fixture. New
lighting for parks and related facilities should have a maximum of
one-quarter foot-candle at five feet from property line.[1] Due to geographic difficulties or areas that require higher
lighting levels for security, a maximum output of five-tenths foot-candles
of light at ground level at property line may be utilized.
[1]
Where the adjacent property line is another city facility,
the foot-candles may exceed the maximum requirements.
c.
Trails. New lighting designs and retrofit fixtures shall contain
horizontal cutoff to reduce vertical lighting above the fixture. Lighted
trails not incorporated in the roadway shall be illuminated with a
minimum maintained one-quarter foot-candle of light at ground level
during the hours of darkness. New lighting for trails should have
a maximum of one-quarter foot-candle at five feet from property line.[2] Due to geographic difficulties or areas that require higher
lighting levels for security, a maximum output of five-tenths foot-candles
of light at ground level at property line may be utilized.
[2]
Where the adjacent property line is another city facility,
the foot-candles may exceed the maximum requirements.
d.
Athletic Field Lighting. New lighting designs and retrofit fixtures
shall contain horizontal cutoff to reduce vertical lighting above
the fixture. The maximum lighting value that shall be used in lighting
recreational athletic fields shall be an average maintained 50 foot
candles. Minimum lighting values shall be per parks and community
services standards. New lighting for athletic fields should have a
maximum of one-quarter foot-candle at five feet from property line.[3] Due to geographic difficulties or areas that require higher
lighting levels for security, a maximum output of five-tenths foot-candles
of light at ground level at property line may be utilized.
[3]
Where the adjacent property line is another city facility,
the foot-candles may exceed the maximum requirements.
6.
Street
Lighting
a.
Purpose. The purpose of this section is to establish a set of guidelines
with which to regulate the installation, operation and maintenance
of overhead street lighting in the city. The city seeks to make provisions
for street lighting that will be beneficial to city residents, and
to provide for this lighting in an orderly, efficient and equitable
manner. This section serves to establish a uniform standard for location
of lights and illumination levels within the city, and clarifies responsibilities
for payment of the various costs involved.
b.
General Requirements. Unless otherwise waived by the public works director/city engineer for developments within the OS, HR, RR and R1 districts, the provision of streetlights shall be a requirement of all development proposals. Prior to acceptance and approval of a final map, a developer shall construct or enter into an agreement to construct a street lighting system. The following specifications apply to all street lighting in the city, on all public and private roadways. The city has adopted the Southern California Edison (SCE) scheduled rates LS-1, LS-2 and LS-3 or comparable Moreno Valley Utility (MVU) rate standards. Prior to any planning, design, or installation of street lighting, the developer shall confirm the applicable rate schedule with the city. Installation of street lighting shall comply with the provisions of Section 9.14.130 of this title for underground utility installation and shall be in accordance with the specifications of and plans approved by either SCE or MVU and the public works director/city engineer. The developer will pay all costs related to the installation of the street lighting and establish a method for the payment of maintenance and operations. All street lighting installed shall be solely for the purpose of illuminating the public way and shall conform to the city street lighting standards.
c.
Luminaire and Lamp Requirements.
1.
All street lighting in residential areas shall not exceed 9,500 lumen
(100 watt), high pressure sodium vapor (HPS) lamps, or equivalent,
unless otherwise approved by the public works director/city engineer.
2.
All street lighting in nonresidential areas shall not exceed 9,500
lumen (100 watt), high pressure sodium vapor (HPS) lamps, or equivalent,
unless otherwise approved by the public works director/city engineer.
3.
All street lighting for arterial roadways shall not exceed 22,000
lumen (200 watt), high pressure sodium vapor (HPS) lamps, or equivalent,
unless otherwise approved by the public works director/city engineer.
4.
All street lighting shall utilize full-cutoff luminaries and be fully
shielded.
5.
All street lighting shall meet the current city street lighting standards,
unless otherwise approved by the public works director/city engineer.
d.
Specific Warrants for Lighting Locations. The city street lighting
standards shall be used to determine locations for all street lighting,
unless otherwise approved by the public works director/city engineer.
D.
Lighting
Height Limits.
1.
Hillside
Residential Areas. Outdoor on-site lighting on hillside residential
properties, except for street lighting, shall be mounted on a post
with full cutoff not to exceed eight feet above finished grade, or
on a building wall or structure not to exceed eight feet above finished
grade and fully shielded. Such lighting shall be designed to project
downward and shall not create glare on adjacent properties. Lighting
attached to a single-family residential structure shall not exceed
the height of the roof eave.
2.
All
Other Residential Areas. Outdoor on-site lighting within all other
residential areas, except for street lighting, shall be on poles or
other supports not exceeding 12 feet in height and fully shielded.
Such lighting shall be designed to project downward and shall not
create glare on adjacent properties. Lighting attached to all residential
structures shall not exceed the height of the roof eave.
3.
Nonresidential
Areas. Outdoor on-site lighting on commercial and industrial properties,
except for street lighting, shall be mounted on a post and fully shielded
not to exceed a maximum height of 30 feet, except within 100 feet
of a residential use, where the post shall not exceed a maximum height
of 20 feet. Posts shall be appropriately scaled for small buildings
and lots. All lighting fixtures shall be in scale with the proposed
building height. Lighting attached to a building shall not exceed
the height of the roof eave or 20 feet, whichever is less.
4.
Walkway
and Courtyard Lighting. Outdoor on-site lighting for all residential
and nonresidential walkway and courtyard lighting shall be directed
downward and mounted on a post or adjacent structure not to exceed
a maximum height of 12 feet or the height of the eaves, whichever
is less.
E.
Light
Trespass Standards. Light trespass shall be minimized by complying
with the following standards:
1.
Light
spillover or trespass for all multiple-family residential and nonresidential
properties shall not exceed one-quarter foot-candle minimum maintained
of illumination measured from within five feet of any property line.
2.
All
exterior lighting shall be full-cutoff type and fully shielded to
prevent spillover onto adjacent properties.
3.
All
wall pack lighting shall be full-cutoff type and nonadjustable, with
light directed away from surrounding properties. Wall packs shall
incorporate internal house (wall) side shields, baffles or reflectors
to minimize wall brightness.
F.
General
Guidelines.
1.
All
exterior commercial doors during the hours of darkness shall be illuminated
with one to a maximum of three foot-candles of maintained lighting.
2.
Aisles
and passageways related to and within a building complex, during the
hours of darkness, shall be illuminated with a maximum of one-half
to one foot-candle of maintained lighting.
3.
All
lighting shall be enclosed in vandal resistant fixtures.
4.
Lighting
shall be adequate to help ensure a safe environment, but not to cause
excessive glare or intense light.
5.
For
safety, identification and convenience, the entrances of building
and parking areas shall be illuminated.
6.
In
multifamily developments, laundry rooms shall be well-lit at all times
as they are intended for tenant use. Lights shall be placed on photocell
or automatic timers, and no switches shall be available to tenants
to turn the lights off.
G.
Lighting
Curfew.
1.
Except
as specified elsewhere in this section, outdoor lighting systems in
nonresidential areas shall be turned off or reduced by at least 50%
beginning at ten p.m. or the close of business, whichever is later,
until dawn or the start of business, whichever is earlier. The reduction
of lighting shall be determined as an overall average for the parcel.
When possible, the lighting system shall be turned off rather than
reduced in lighting levels. Lighting shall be equipped with controls
for photocell on and timer off.
2.
All
walkway, security and street lighting may remain on all night.
H.
Lighting
Prohibitions.
1.
Overhead
roof lighting is prohibited.
2.
The
installation of mercury vapor outdoor lighting fixtures is prohibited.
3.
Adjustable
outdoor lighting fixture mounts are prohibited. All fixtures shall
be permanently installed so as to maintain shielding requirements,
except that landscape and ornamental lighting may use flexible or
adjustable mounting systems.
4.
Lighting
fixtures mounted in such a way as to aim only towards a property line
are prohibited.
5.
Lighting
which interferes with the safe operation of a motor vehicle as determined
by the police chief or city engineer is prohibited.
6.
Billboard
lighting which is pointed upward is prohibited.
I.
Lighting
Exemptions. The following lighting is exempt from this chapter:
1.
Swimming
pool lighting;
2.
Lighting
for exit signs and other illumination required by the building code;
3.
Lighting
for exterior stairs and ramps, as required by the building code;
4.
Decorative
lighting, as approved by the community development director;
5.
Holiday
and temporary lighting;
6.
Low
voltage landscape lighting;
7.
Lights
used for the illumination of flags as required by law;
8.
Portable
temporary lighting used by law enforcement or emergency services personnel
to protect life or property;
9.
Motion
detector lighting fixtures are exempt provided that there is no light
trespass onto adjacent residential properties;
10.
Exposed string outdoor lighting is exempt provided that:
J.
Lighting
Plans and Evidence of Lighting Compliance. The application for any
required city approval involving residential and nonresidential nonexempt
outdoor light fixtures shall include evidence that the proposed work
will comply with this chapter. The submission shall contain the following:
1.
The
location of the site where the outdoor light fixtures will be installed;
2.
Plans
showing the location and type of all fixtures, both existing and proposed,
on the premises, including point by point photometric lighting levels;
3.
A
description of the outdoor light fixtures including, but not limited
to, manufacturer's catalog cuts, photometric reports with candela
distribution, drawings, and shielding information;
4.
Submittal
drawings shall be signed by a licensed professional engineer or by
the licensed electrical contractor that is performing the work. This
engineer or contractor shall be held responsible for the content and
accuracy of the submittal design. Submittals must contain the name
of the company that prepared the drawings and the name, title, and
telephone number of the person that performed the design work;
5.
All
plans resubmitted for approval shall include a written description
of all changes and comments attached to the plan check comments.
(Ord. 359, 1992; Ord. 698 § 3.1(d), 2005; Ord. 851 § 1.3, 2012)
A.
General
Provisions. Individual manufactured homes may be permitted on individual
lots in the HR, RR, R1, RA2, R2, R3 and R5 districts, subject to the
following requirements:
1.
The
structure is placed on a permanent foundation in compliance with all
applicable building regulations.
2.
The
structure is certified under the National Manufactured Housing Construction
and Safety Standards Act of 1974 and was constructed not more than
10 years prior to request to install. Documentation indicating certification
and construction date must be submitted to the community development
department in order to secure valid building permit(s).
3.
The community development director shall determine if placement of the manufactured home is compatible with the immediate area and meets the development standards of the underlying district. Installations shall be subject to the minor development review process (Section 9.02.030(A) of this title) and the following design criteria:
a.
The design of the structure shall be similar in character and appearance
to other dwellings in the area with regard to unit size, roof overhangs,
roof materials, roof pitch and exterior materials;
b.
All building setbacks, parking, coverage, height, width and sign
requirements of the base district shall apply;
c.
A roof constructed of asphalt composition, shingle, tile, crushed
rock or similar roofing material (except metal) which is compatible
with surrounding development;
d.
Exterior siding of brick, wood, stucco, plaster, concrete, or other
material which is finished in a nonglossy and nonreflective manner
and which is compatible with surrounding development;
e.
A predominant shape and form that is compatible with the surrounding
neighborhood; and
f.
If an enclosed garage is required within the zoning district in which
the dwelling unit is to be located, the design and materials of the
garage shall be compatible with the main dwelling.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
Subject to applicable city permits and approvals, the following
uses, if identified as a permitted use in the district in which they
are located, may be permitted as an accessory to a use within an enclosed
building provided they are entirely on private property:
B.
Patio tables, chairs, umbrellas and similar outdoor accessories used in connection with a restaurant business which do not impede pedestrian or vehicular circulation (see Section 9.09.180 of this title);
C.
Vending
machines, including weighing scales, when accessory to a business
conducted within a building;
D.
Border
materials, flower pots, trellises and the like, provided they are
accessory to a retail plant nursery;
E.
Permanent automobile sales, leasing and rental display and storage lots (see Section 9.09.060 of this title);
H.
Outdoor
display of merchandise incidental to, and as a part of, the business
legally operated on-site may be allowed within areas permanently designated
and approved pursuant to the provisions of this title. Such outdoor
display areas shall be uncovered and unfenced. Such outdoor display
shall be prohibited in the following locations: landscaped areas,
unimproved surfaces, minimum required pedestrian walkways, vehicular
access ways, public rights-of-way, parking areas and loading areas,
required exits, fire hydrant locations or any fire suppression appurtenances;
I.
Junk
or scrap merchandise, used auto parts, or inoperative tools, appliances
and vehicles shall be screened from public view;
J.
Uses
that are substantially similar in character and intensity as the uses
listed in this section, as determined by the community development
director.
(Ord. 359, 1992; Ord. 488 § 1.1, 1996; Ord. 520 § 1.10, 1997; Ord. 664 § 2, 2004; Ord. 694 § 1.1, 2005)
A.
Pursuant
to Government Code Sections 66479—66481, the city may require
that areas of real property within a subdivision be reserved for parks
and recreation facilities, fire stations, libraries or other public
uses subject to the following:
1.
The
proposed use of the reserved land is in accordance with general plan
policies and standards, any adopted specific plan, and all other provisions
of this title;
2.
The
reserved area is of a size and shape that does not preclude orderly
and efficient development of the remainder of the property; and
3.
The
reservation will not make development of the remaining land economically
infeasible.
B.
The
provisions of this section shall not apply to subdivision proposals
which have been filed and accepted by the city prior to or within
30 days after the effective date of this title.
C.
The
city shall, at the time of approval of the subdivision final map or
parcel map, enter into a binding agreement to acquire such reserved
area within two years after the completion and acceptance of all improvements,
unless such period of time is extended by mutual agreement. The purchase
price shall be the market value at the time of the filing of the subdivision
request plus the taxes against such reserved area from the date of
the reservation and any other costs incurred by the subdivider or
developer in the maintenance of such reserved area, including interest
costs incurred on any loan covering such reserved area. If the city
fails to enter such a binding agreement, the requirement of reservation
shall automatically terminate.
D.
Reservation of lands for park and recreation purposes shall be in accordance with Section 9.14.100(Q).
(Ord. 359, 1992)
Structures may be relocated pursuant to the following requirements:
A.
Upon
relocation of a structure, the parcel, including the relocated structure,
shall comply with all regulations of this title including all development
standards, regulations, and restrictions for the use of the district
in which the structure is to be relocated, including but not limited
to, building height, setback, parcel coverage, and unit density requirements.
B.
Construction
on a structure to be relocated shall commence within 30 days and shall
be completed within 365 days of the date the structure is moved onto
the relocation site.
C.
Prior
to issuance of a building permit, a "notice of intent to relocate,"
approved as to form by the building official, shall be posted for
a period of at least one week on the property proposed to contain
the relocated structure.
D.
Conditions
and requirements of all other city ordinances and regulations shall
be complied with; the provisions of this section are not intended
to repeal any other ordinances relating to this subject; to the extent
that the provisions of this section are inconsistent with any existing
ordinances, the provisions of this section shall prevail unless otherwise
required by state law.
(Ord. 359, 1992)
A.
Screening
of Commercial, Industrial, Public and Quasi-Public Uses. Whenever
a building or structure is constructed or enlarged on any property
zoned for commercial, industrial, public or quasi-public purposes,
which abuts a residential zone, appropriate screening is erected and
maintained along the property line of the parcel.
1.
Screening
consists of a decorative masonry wall sufficient for sound attenuation
with a minimum height of six feet, as measured from the commercial
or industrial side of the wall at the property line. If the wall is
either greater or less than six feet in height on the residential
side, landscaping may be required on that side of the wall, as necessary.
Decorative walls of block, brick, stone, stucco-treated masonry, or
concrete panels are acceptable. The community development director
may approve alternative materials, provided that the materials are
comparable to masonry walls or concrete panels in durability and ability
to attenuate light and sound.
B.
Screening
and Storage Areas. Where permitted, all outdoor storage of materials,
wares, crates, bottles or similar items necessary to, or part of a
permitted use within an industrial, commercial or special district
are screened from view on at least three sides by a solid, impact-resistant
wall, not less than six feet in height, and on the fourth side by
a similar gate, not less than five feet in height. Alternate materials
or designs may be approved by the community development director.
C.
Screening
of Refuse Storage Areas. Trash/waste enclosure design standards shall
be designed to be consistent with all city applicable standards, and
shall:
1.
Be
located a minimum of 35 feet from any residential structures or as
otherwise approved by the community development director;
2.
Provide
a minimum planter dimension of three feet on three sides of the enclosure
walls, and accommodate climbing vines and screening shrubs within
the planter area;
3.
Be
constructed to include a solid roof cover;
4.
Be
designed using materials and colors aesthetically compatible with
the project.
(Ord. 359, 1992; Ord. 426 § 3.1(d), 1994; Ord. 461 §§ 1.2, 1.3, 1.4, 1995; Ord. 475 § 1.4, 1995; Ord. 534 § 1.3, 1998; Ord. 616 § 2.2.12, 2003; Ord. 694 § 1.1, 2005; Ord. 808 §§ 2.3.2, 2.3.3,
2010; Ord. 984 § 3, 2022)
A.
Investigation
Required. In accordance with provisions of the Alquist-Priolo Special
Studies Zone Act (Division 2, Chapter 7.5 of the Public Resource Code)
and the Public Health and Safety Element of the city general plan,
a geologic investigation shall be required for any development proposal
involving structures for human occupancy within the special study
zone for the San Jacinto Fault, as identified on the special studies
zone maps prepared by the state of California Department of Conservation,
or the Casa Loma Fault, as identified on the seismic zone map in the
city general plan. A "structure for human occupancy" is any structure
used or intended for supporting or sheltering any use or occupancy
which is expected to have a human occupancy rate of more than 2,000
person-hours per year.
B.
Exemptions.
Exemptions from the provisions of this section may be granted under
the following circumstances:
1.
The
proposal involves single-family wood frame dwellings on parcels of
land for which a geologic investigation has been previously prepared
and approved;
2.
The
proposal involves a single-family wood frame dwelling not exceeding
two stories when such dwelling is not part of a development of four
or more dwellings. A mobile home whose body width exceeds eight feet
shall be considered to be a single-family wood frame dwelling not
exceeding two stories;
3.
The
proposal is limited to addition or alteration to a structure which
does not exceed 50% of the value of the structure prior to the proposed
addition or alteration;
4.
A
waiver is granted based upon a determination that there is no undue
hazard of significant rupture. Waivers for proposals within the San
Jacinto Fault Zone must be submitted to and approved by the state
geologist. Waivers for proposals within the Casa Loma Fault Zone must
be approved by the building official.
C.
Requirements
for Critical Facilities. Active faults may exist outside of identified
hazard zones and, as such, geologic investigations shall be required
in all instances for the following critical uses:
1.
Those
uses which manufacture, handle or store hazardous or explosive materials;
2.
Hospitals
and other emergency medical facilities;
3.
Police,
fire and communications systems;
4.
Emergency
operations centers (EOCs);
5.
Ambulance
services;
6.
Occupancy
capacity for schools and other public assembly uses shall be the cumulative
total of all buildings and facilities which are part of, or related
to, the primary use, e.g., a school auditorium, cafeteria, classrooms,
and the like which shall be added together to calculate occupancy
capacity for a proposed school site;
7.
Power
plants;
8.
Utility
substations;
9.
Dams;
10.
Sewage treatment plants; and
11.
Water works.
D.
Geologic
Investigation.
1.
General.
a.
Geologic investigations shall be prepared by a geologist registered
in the state of California and shall be reviewed for acceptance by
a geologist registered in the state of California who is either an
employee or under contract to the city. Copies of all geologic investigations
shall be kept on file in the office of the building official.
b.
Further, all investigations involving proposals within the San Jacinto
Fault Special Studies Zone shall be filed with the state geologist
within 30 days following acceptance.
2.
Contents.
Geologic investigations shall consider groundshaking as the greatest
potential risk and include a thorough evaluation of potential hazards
based upon soils types, slope stability, proximity to fault lines
and expected magnitude. The following subjects should be addressed,
or at least considered, in any geologic report on faults. Where appropriate,
some of the investigative methods listed below should be carried out
well beyond the site being investigated. However, it is not expected
that all of the methods identified would be used in a single investigation.
3.
The
text of the geologic report shall include:
a.
Purpose and scope of investigation;
b.
Geologic setting;
c.
Site description and conditions. Include information on geologic
units, graded and filled area, vegetation, existing structures, and
other factors that may affect the choice of investigative methods
and the interpretation of data;
d.
Methods of Investigation.
i.
Review of published and unpublished literature and records concerning
geologic units, faults, groundwater barriers, and other factors,
ii.
Stereoscopic interpretation of aerial photographs and other remotely
sensed images to detect fault-related topography, vegetation and soil
contrasts, and other lineaments of possible fault origin,
iii.
Surface observation, including mapping of geologic and soil units
and structures, geomorphic features, springs, deformation of manmade
structures due to fault creep, both on and beyond the site;
4.
Subsurface
Investigation. Subsurface investigation shall include the following:
a.
Trenching and other extensive excavations to permit detailed and
direct observation of continuously exposed geologic units and features
that must be carefully logged;
b.
Borings and test pits to permit collection of data on geologic units
and ground water at specific locations. Data points must be sufficient
in number and adequately spaced to permit valid correlations and interpretations.
5.
Geophysical
Investigations. Geophysical investigations are indirect methods that
require a knowledge of specific geologic conditions for reliable interpretations.
They should seldom, if ever, be employed alone without knowledge of
the geology. Geophysical methods alone never prove the absence of
a fault nor do they identify the recency of activity. The types of
equipment and techniques used should be described, which include the
following:
6.
Other
methods should be included when special conditions permit, or requirements
for critical structures demand, a more intensive investigation. These
methods may include, among possible others:
a.
Aerial reconnaissance overflights;
b.
Geodetic and strain measurements, microseismicity monitoring, or
other monitoring techniques; and
c.
Radiometric analysis (14C, K-Ar), stratigraphic correlation (fossils,
mineralogy), soil profile development, paleomagnetism (magnetostratigraphy),
or other age-dating techniques to identify the age of faulted or unfaulted
units or surfaces.
7.
Conclusions.
The geologic report shall contain appropriate conclusions, including,
at a minimum, the following:
a.
Location and existence (or absence) of hazardous faults on or adjacent
to the site;
b.
Type of faults and nature of anticipated offset, including sense
and magnitude of displacement, if possible;
c.
Probability of or relative potential for future surface displacement.
The likelihood of future ground rupture seldom can be stated mathematically,
but may be stated in semiquantitative terms such as low, moderate
or high, or in terms of slip rates determined for specific fault segments;
and
d.
Degree of confidence in and limitations of data and conclusions.
8.
Recommendations
relating to the following shall be included in the geologic report:
a.
Setback distances from hazardous faults, if appropriate. State and
local law may dictate minimum standards;
b.
Need for additional studies;
c.
Risk evaluation relative to the proposed development, opinions are
acceptable. But remember that the ultimate decision as to whether
the risk is acceptable lies with the governing body.
9.
The
geologic report shall include references, illustrations, appendix
and authentication described as follows:
a.
References shall include:
b.
Illustrations. These are essential to the understanding of the report
and to reduce the length of text. They shall include:
i.
Location Map. Identify site locality, significant faults, geographic
features, regional geology, seismic epicenters, and other pertinent
data; 1:24,000 scale is recommended;
ii.
Site Development Map. Show site boundaries, existing and proposed
structures, graded areas, streets, exploratory trenches, borings,
geophysical traverses, and other data; recommended scale is one inch
equals 200 feet, or larger;
iv.
Geologic cross-sections, if needed to provide three-dimensional picture;
v.
Logs of Exploratory Trenches and Borings. Show details of observed
features and conditions; should not be generalized or diagrammatic.
Trench logs should show topographic profile and geologic structure
at a 1:1 horizontal to vertical scale; and
vi.
Geophysical data and geologic interpretations.
c.
Appendix. This includes supporting data not included above (e.g.,
water well data).9.08.160
d.
Authentication shall include signature and registration number of
investigating geologist.
(Ord. 359, 1992)
A.
Purpose
and Intent. These provisions are intended to incorporate, to the extent
feasible, passive heating and cooling opportunities into the design
or modification of residential, commercial and industrial developments.
They are further designed to ensure that solar energy systems in residential,
commercial and industrial areas conform in appearance to the surrounding
neighborhood.
B.
Design
Requirements.
1.
Active
Solar Design. Notwithstanding any provisions included in this title
related to screening roof-mounted equipment, the following standards
shall apply to the design of all solar energy systems:
a.
Roof-mounted solar collectors shall be placed in the location least
visible from a public right-of-way without reducing the operating
efficiency of the collectors. Wall-mounted and groundmounted solar
collectors shall be screened from public view;
b.
When feasible, collectors shall be integrated into the design of
the building. Structural support for the collectors shall be screened
in a manner that is compatible with the design of the building;
c.
Appurtenant equipment, including plumbing and related fixtures, shall
be installed in an attic or basement, where feasible;
d.
Large accessory fixtures that must be exposed (e.g., storage tanks)
are screened to the extent possible through compatible architectural
features or landscaping;
e.
Storage tanks shall not be located in any required front or side
yard nor shall they be visible from any public right-of-way;
f.
Exterior surfaces shall have a matte finish, and shall be color-coordinated
to harmonize with roof materials or other dominant colors of the structure,
or as approved by community development director; and
g.
Deviations from the above standards may be considered subject to
approval by the planning commission.
2.
Passive
Solar Design in Accordance with Section 66473.1 of the Subdivision
Map Act.
a.
The design of a subdivision for which a tentative map is required
pursuant to Section 66426 of the Subdivision Map Act, or other residential,
commercial or industrial development for which a subdivision is not
involved, shall provide, to the extent feasible, for future passive
or natural heating or cooling opportunities in the development. Examples
of passive or natural heating opportunities include, but are not limited
to:
b.
In providing for future passive or natural heating or cooling opportunities
in the design of a development, consideration shall be given to local
climate, contour, configuration of the parcel to be developed, and
to other design and improvement requirements. However, such considerations
shall not result in reducing allowable densities or the applicable
planning and zoning in force at the time the development proposal
is filed.
c.
The requirements of this section do not apply to condominium projects
involving subdivision of airspace in an existing building when no
new structures are added.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 616 § 2.2.13, 2003; Ord. 694 § 1.1, 2005)
No portion of any vacant or undeveloped parcel or a parcel where
no main building exists shall be used for storage of personal property
except as follows:
A.
Equipment
and materials for use on the same parcel or building site may be stored
on the parcel or building site during the time that a valid building
or grading permit is in effect; and
B.
Equipment
and materials used in conjunction with an active farming operation
taking place on the same parcel; and
C.
Equipment
and materials which are incidental to a legally established outdoor
use.
(Ord. 359, 1992; Ord. 528 § 1.1, 1997)
A.
Street
Improvements. Any owner, lessee or agent constructing, altering or
enlarging a building or dwelling or arranging for such construction,
alteration or enlargement, in association with any lawful residential
land use, shall provide for the street dedication and the improvements
along all of the streets adjoining the parcel of land on which the
building or dwelling is to be constructed, altered or enlarged. Such
improvements include, but are not limited to, sidewalk, curb, gutter,
street paving, street lights, parkway trees and appurtenances or appurtenant
work, including relocations and reconstructions necessary to construct
or install such improvements, unless existing improvements have previously
been constructed and/or paid for by a property owner.
B.
Deferral
of Improvements. In any case where the improvements which would otherwise
be required by this section would not be contiguous with existing
street improvements, the city engineer may defer construction of such
improvements. However, in such a situation, an estimated cost for
the street improvements shall be determined and a cash payment in
such an amount, or other security (with any related necessary agreements)
approved by the city engineer and the city attorney, shall be deposited
with the city. Moneys so deposited shall be held in trust by the city
until such improvements are constructed, at which time the proceeds
of the moneys may be expended by the city to construct such improvements
for streets to which these moneys or other moneys required by this
title relate.
C.
Exceptions.
1.
Such
improvements shall not be required for any new accessory building(s)
which does not exceed 1,000 square feet of floor area; nor for any
alteration, enlargement or addition which does not exceed 1,000 square
feet of floor area.
2.
In
areas not subdivided or parceled into one-half acre or smaller lots,
such improvements need not be installed for a greater distance than
the minimum lot width required by the zoning regulations for the zone
in which such area is located or the street frontage coinciding with
the residential land use, or coinciding with the buildings, dwellings,
accessory land uses, and the required yards, whichever is the greater.
3.
Such
improvements shall not be required with or for the installation or
construction of walls, fences, signs or billboards.
D.
Reimbursement
Agreement Fee. If a frontage improvement was constructed under or
pursuant to a reimbursement agreement between the city and another
person along a street adjoining a lot or parcel of land on which a
building, or other structure requiring a building permit is to be
constructed, altered or enlarged, then:
(Ord. 359, 1992; Ord. 398 § 1.2, 1993)
The following specific procedures and standards shall be applied
to proposed changes in product sizes within single-family residential
tracts in which a previously approved product was constructed. If
a product was approved and not built, this section of the code shall
not apply. Evaluation of the proposed changes shall be by director's
review based upon the standards, criteria and findings for reviewing
plot plans in accordance with the minor development review process,
except in the event that changes in product size 25% or greater increase
or decrease, based on a weighted average, are proposed. If the change
is 25% or greater, evaluation shall be by the planning commission
based upon the standards, criteria and findings for reviewing plot
plans in accordance with the major development review process.
A.
Compatibility.
Proposed product changes shall incorporate the following criteria
to provide continuity and integrity within the neighborhood:
B.
Transition
Area. If a transition area is required, it shall consist of three
to five homes and shall be established side to side and across the
street from any built homes. This transition area may be adjusted
to meet any immediate physical barrier such as a street, flood control
channel, or open space area and shall address the following:
1.
Proposed
homes closest in design and size to the built homes shall be placed
in the transition area;
2.
Two-story
homes shall be located side to side or across the street from existing
two-story homes;
3.
One-story
homes shall be located side to side or across the street from existing
one-story homes.
C.
Degree
of Change of Product Size. The degree of change shall be determined
from the percent difference between the weighted average square footage
of the units built (total square footage of all built units divided
by the number of units) and the weighted average square footage of
the proposed units (total square footage of all proposed units divided
by the number of units).
2.
Product
Change Between Fifteen percent and Twenty-five percent.
c.
Notice of the proposed change and a 10 day comment period from the
date of mailing of the notices shall be sent to the property owners
within the subject tract (or subtract, if applicable) and to any other
property owners within 300 feet of any of the proposed homes.
3.
Product
Change Is Twenty-five percent or Greater.
c.
The proposal shall be subject to approval by the planning commission
after a duly noticed public hearing;
d.
Notice of public hearing to review the proposed change shall be mailed
to the property owners within the subject tract (or sub-tract, if
applicable) and to any other property owners within 600 feet of any
of the proposed homes.
(Ord. 959 § 3.2, 2019)
Except as otherwise specified herein, when improvements are required as conditions of development, security arrangements shall be made in accordance with the provisions of Chapter 9.14. With respect to development projects that are not land divisions, when securing street or other improvements by a lien, letter of credit, passbook, certificate of deposit, or cash, the total amount of security shall be based on the total amount of the required improvements (generally considered the faithful performance amount). In the case of a project developed in phases, the city engineer is permitted to accept separate security arrangements for each phase of the project as approved by the decision-making body.
(Ord. 398 § 1.3, 1993; Ord. 461 § 1.5, 1995)
Landscaping shall comply with the requirements as specified in Chapter 9.17 of this title. Except where required for erosion control, buffering and/or screening from adjoining uses, landscaping for quasi-public uses may be deferred for a period of time not to exceed three years, provided that security approved by the city engineer and city attorney is deposited with the city. Such areas are maintained in a manner that provides for the control of weeds, erosion, and dust, until they are landscaped.
(Ord. 461 § 1.6, 1995; Ord. 616 § 2.2.14, 2003)
Electrical and communication distribution utilities shall be placed underground as specified in Section 9.14.130.
(Ord. 461 § 1.7, 1995)
A.
Whenever property within the city is developed, the property owner and/or developer is hereby required to construct and dedicate to the city, prior to the issuance of any building permit or in conjunction with the construction and dedication of required corresponding street improvements as determined by the city engineer, telecommunications network facilities for the future needs of the public as defined in subsection C below.
B.
On developments
consisting of three lots or less that do not in total exceed 600 feet
of frontage, the city engineer may waive construction of telecommunications
network facilities along the peripheral streets or property lines,
provided, however, in such a situation, an estimated cost for such
facilities along the peripheral streets shall be determined by the
engineer and such amount shall be paid to the city as a fee in lieu
of constructing such facilities, to be used for the future construction
of telecommunications network facilities.
C.
The
term "telecommunications network facilities" as used herein shall
include the land, structures, conduits, ducts, pullboxes, vaults,
conductors, cables, optical fiber, equipment, and other related appurtenances
specified in the city specifications and master plans for its telecommunications
network facilities, or as determined by the city engineer to be reasonably
necessary to provide for the future telecommunication needs of the
public residing or doing business within and upon the property in
conjunction with a citywide telecommunications network system. The
installation of the telecommunications network facilities shall be
constructed in accordance with the city's technical provisions, standard
drawings, and typical telecommunications industry standards.
(Ord. 609 § 1.1, 2002)
A.
General
Provisions. The provisions in this section are applicable to new businesses
with 10 or more shopping carts established after the adoption of the
ordinance codified in this section and to existing businesses with
10 or more shopping carts which have experienced a change in ownership
after the adoption of the ordinance codified in this section.
1.
A
change of ownership shall include all sales, transfers, leases, assignments,
mergers, consolidations, or other business transactions that result
in the sale of a corporation or limited partnership to another corporate
entity. Corporate name changes or minor reorganizations do not classify
as a change in ownership and are therefore exempt from code provisions
within this section.
2.
This
section shall not apply to any conditions expressly allowed or authorized
by federal or state law or any other provision of this code.
3.
Violations
of this section shall be treated as strict liability offenses regardless
of intent.
B.
Cart
Containment and Retrieval Plan. Except as otherwise provided in this
section, every business that provides shopping carts to customers
for use on their premises shall develop, implement and comply with
the provisions of a written plan approved by the city to prevent customers
from removing shopping carts from the premises of such business without
authorization of the owner and to provide for the retrieval of removed
or abandoned shopping carts which have been removed from the premises
of the retail establishment (the "plan"), and shall demonstrate compliance
with all other purposes and provisions of this section. The plan,
at a minimum, shall include the following elements:
1.
Owner
Information. The name of the owner; the physical address where the
retail establishment is conducted; and the name, address, and telephone
number(s) of the owner and all on-site managers, including any changes
of such persons.
2.
Cart
Inventory. The number of carts to be used or located on the premises.
3.
Signs
Affixed to Carts. Every shopping cart made available for use by customers
shall have a sign permanently affixed to it that identifies the owner
of the cart; notifies the public that the unauthorized removal of
the cart from the premises of the retail establishment, or the unauthorized
possession of the cart, is a violation of state law, and lists a valid
telephone number and address for returning the cart removed from the
premises to the owner.
4.
Notice
to Customers. Conspicuous signs shall be placed and maintained on
the premises near all customer entrances, exits and cart storage areas,
warning customers that removal of shopping carts from the premises
is prohibited by state law. All signs shall be in English and Spanish.
5.
Prevention Measures. A description of the specific measures that the business owner will implement to prevent removal of any cart from the business premises. Permissible measures are identified in subsection H.
6.
Mandatory
Cart Retrieval Operations. The procedure by which the business owner
or qualified cart retrieval service will search, find and return carts
removed from the business premises. The cart retrieval operation must
demonstrate that carts will be actively located within one mile of
the business premises and respond to complaints from the public or
notifications from city enforcement personnel in a manner which results
in the retrieval of carts within 24 hours of receiving the notification.
If a business owner contracts with a cart retrieval service, the retrieval
service must be a city licensed and approved service, and shall not
place limits on daily loads or days per week to retrieve carts within
the city. The owner shall provide written authorization to all retrieval
personnel, which authorization shall be carried by each such person
while performing cart retrieval services on behalf of the owner and
shall be provided to any enforcement personnel upon request. Each
vehicle used by retrieval personnel shall bear conspicuous signs on
the vehicle identifying either the name of the business for which
such retrieval service is being performed or, if applicable, the name
of the cart retrieval service with which the business has contracted
for such services.
7.
Employee
Training. The business owner shall implement and maintain a periodic
training program for its new and existing employees designed to educate
such employees concerning the requirements of the plan and the provisions
of state law prohibiting the unauthorized removal of shopping carts
from the premises of the retail establishment. The plan shall expressly
describe the employee training program.
8.
Daily
Cart Confinement. All shopping carts located on the premises of the
business (other than a business open for business 24 hours per day)
shall be collected at the end of each business day by employees of
the business and shall be collectively confined in a secure manner
in the cart confinement area, as designated in the approved plan,
until the commencement of the next business day. All shopping carts
located on the premises of any business open for business 24 hours
per day, other than carts then currently in use by a customer or patron,
shall be collected by employees of the business and returned to the
cart confinement area, as designated in approved plan, at least once
per calendar day between the hours of nine p.m. and midnight on each
day the retail establishment is open for business. The provisions
of this subsection shall not apply to any shopping carts located within
an enclosed building.
9.
Collaboration
with Other Businesses. Two or more businesses located within the same
shopping or retail center or sharing a common parking area may collaborate
and submit a single plan.
10.
Additional Information. Any other information deemed appropriate
by the community development director to ensure compliance with this
section and specified within the plan application.
C.
Exemptions.
The requirements of this section shall not apply to any business which
provides a total of less than 10 shopping carts for use by the customers
of such business.
D.
Plan Submission and Approval. Unless otherwise expressly exempt by this section, each new business, any existing business relocating to a different location within the city, and any business with a change in ownership to an unrelated entity shall submit a proposed plan complying with the requirements of subsection B to the community development director, and obtain approval thereof by the city, prior to the commencement of business or issuance of a certificate of occupancy. Each proposed plan shall be accompanied by a processing and inspection fee in an amount as set by resolution of the city council.
1.
If
approved, the plan shall be implemented no later than 90 days from
the date of notification to the owner of the approval. An inspection
by enforcement personnel shall be made of the premises to confirm
compliance at the conclusion of the 90 day period.
E.
Standards
for Denials. The community development director may deny a plan based
upon any of the following grounds:
1.
Implementation
of the plan would violate provisions of the building, zoning, health,
safety, fire, police or other municipal codes, or any county, state,
or federal law that substantially affects public health, welfare or
safety;
2.
The
plan fails to include all the information required by this section;
3.
The
plan is insufficient or inadequate to prevent removal of carts from
the owner's premises;
4.
The
plan fails to address any special or unique conditions, due to the
geographical location of the premises, as they relate to cart retention
and prevention efforts;
5.
Implementation
of the plan would violate a term or condition of another city policy
or requirement of this code;
6.
The
owner has knowingly made a false statement of fact, or omits a fact
required to be revealed in an application for a plan, or in any addendum
or report or other information required to be provided regarding the
plan.
7.
If
the plan is rejected as incomplete or inadequate, the community development
director shall indicate the areas of incompleteness or inadequacy.
F.
Plan
Modification. At any time subsequent to the approval of a plan, the
owner may request a modification of a previously approved plan to
address a change in circumstances, an unanticipated physical or economic
impact of the plan, or a need to modify an ineffective plan. Each
proposed amendment shall be accompanied by a processing fee in an
amount as set by resolution of the city council.
G.
Penalties.
Any required business owner, property owner, and/or business representative
that fails to submit a plan, implement plan measures or implement
any required modifications to the plan by the city within the time
frames specified within this section shall be subject to penalties
including, but not limited to, criminal action, civil action or other
judicial or administrative proceedings.
H.
Containment
Methods. All shopping carts shall be contained or controlled within
the boundaries of the store premises, which refers to the lot area,
maintained, managed and/or utilized by the business, which may include
the building, parking lot and adjacent walkways where the business's
shopping carts are permitted.
1.
Bollards.
Bollards or posts may be installed near exits to prevent the removal
of carts from the business as long as they do not interfere with fire
lanes, handicapped access, or conflict with federal, state and local
laws, including municipal, building and zoning code.
2.
Wheel
Locking Mechanisms. Equipping shopping carts with a locking or stopping
mechanism that is used in conjunction with an electronic or magnetic
barrier along the perimeter of the store premises. The wheel locking
or stopping mechanism must activate when the shopping cart crosses
the electronic or magnetic barrier.
3.
Coin
Operated Machines. Businesses may opt to utilize coin operated machinery
to charge patrons a deposit for the cart which is refunded upon return
of the cart.
4.
Customer
Service Representative. The business may employ customer service representatives
to assist customers by delivering merchandise to patrons' vehicles
and thus not allowing carts to be removed from the premises.
5.
Security.
The business may employ security personnel to patrol the premises
and prevent carts from being removed from the property.
6.
Other
Methods. The project may use other methods of containment as long
as the systems or methods are approved by the community development
director and effectively will contain or control shopping carts to
the store premises.
I.
Containment
System Design. All structures, including bollards and wheel locking
mechanisms, associated with the containment system must be harmonious
and compatible with the project submittal and city design and development
standards.
(Ord. 838 § 1, 2012; Ord. 984 § 3, 2022)
A.
For
newly constructed commercial centers larger than two acres and multifamily
projects of 51 dwelling units or more, a detailed security plan shall
be submitted to the city for review and approval prior to building
permit.
B.
At a
minimum, the security plan shall include the following to ensure security
of the site.
1.
Security
surveillance cameras and a video recording system must be installed
to monitor all doors into and out of the buildings on the site, the
parking lot, loading areas, and all exterior sides of the property
adjacent to the public rights-of-way. The cameras and recording system
must be of adequate quality, color rendition, and resolution to allow
the identification of any individual present on the site.
2.
Professionally
and centrally monitored fire, sprinkler, robbery, and burglar alarm
systems must be installed as required and maintained in good working
condition. The alarm system must include a private security company
that is required to respond to every alarm.
C.
Through
the security plan, the city may require details regarding staffing
and deployment of security for a commercial center larger than two
acres, and if deemed necessary for the purposes of security, the city
may require that the property owner maintain the services of a private
security company to monitor the buildings and parking areas based
on the specific facts and circumstances associated with the site.
(Ord. 984 § 3, 2022)
A.
The
owner of any lot fronting any portion of a parkway, or sidewalk, or
other public right-of-way or city owned property, shall maintain such
parkway, sidewalk and right-of-way including all landscaping in a
condition that will not interfere with the public safety and convenience
and the use of the parkway, sidewalk, and right-of-way.
B.
In conjunction with all new development projects involving an entitlement on a divided major arterial, divided arterial, arterial, minor arterial or industrial collector, the city shall require an encroachment permit to require that developers maintain landscape areas per approved plans that are within the right-of-way, and also maintain any areas along their frontages (e.g. Caltrans right-of-way) (see Section 9.17.140 Freeway frontage) that are not required to be landscaped by the project conditions of approval. The encroachment permit shall be reviewed and approved by the city prior to issuance of a grading permit.
C.
Landscape
plans required by Title 9 shall show any areas along the project frontage,
and shall identify either landscaping or maintenance responsibility
within the Caltrans right-of-way if the project includes frontage
along the Caltrans right-of-way.
(Ord. 984 § 3, 2022)
