Certain activities and uses, due to their nature, may have the
opportunity to create more significant impacts upon the community
than others. As a result, specific regulation of these activities
and uses is warranted. The purpose of this chapter is to identify
and regulate such uses in districts permitting those uses, in order
to ensure the maintenance of the public health, safety and welfare
in accordance with the goals, objectives, policies and implementation
programs of the general plan.
(Ord. 359, 1992)
In addition to the standards contained in the various districts established by this title, as well as the provisions of Chapters 9.08 and 9.10, the activities and uses covered or de scribed in this chapter where otherwise permitted within the district in which they are to be located, whether by right or by permit or approval, shall also comply with the provisions contained herein, unless a determination is made by the decision-making body that the purposes intended thereby can be served by an alternative that adequately protects the public health, safety and welfare.
(Ord. 359, 1992; Ord. 455 § 1.1, 1995)
A.
Purpose.
It is the purpose and intent of this section to regulate the operations
of adult businesses, which tend to have judicially recognized adverse
secondary effects on the community, including, but not limited to,
increases in crime in the vicinity of adult businesses; decreases
in property values in the vicinity of adult businesses; increases
in vacancies in residential and commercial areas in the vicinity of
adult businesses; interference with residential property owners' enjoyment
of their properties when such properties are located in the vicinity
of adult businesses as a result of increases in crime, litter, noise,
and vandalism; and deterioration of neighborhoods. Special regulation
of these businesses is necessary to prevent these adverse secondary
effects and the blighting or degradation of the neighborhoods in the
vicinity of adult businesses while at the same time protecting the
First Amendment rights of those individuals who desire to own, operate
or patronize adult businesses.
It is, therefore, the purpose of this section to establish reasonable
and uniform operational standards for adult businesses.
B.
"Adult arcade"
"Adult booth/individual viewing area"
1.
2.
"Adult business"
1.
2.
"Adult cabaret"
"Adult hotel/motel"
"Adult live entertainment"
1.
2.
"Adult modeling studio"
"Adult motion picture theater"
"Adult oriented material"
"Adult retail store"
"Child day care facility"
"Establishment of an adult business"
1.
2.
3.
4.
5.
"Owner/permit holder"
1.
2.
3.
4.
"Park"
"Performer"
"Religious institution"
"Residential zone"
"School"
"Sexually oriented merchandise"
"Specified anatomical areas"
"Specified sexual activities"
1.
2.
3.
4.
5.
6.
7.
Definitions. In addition to any other definitions contained in Chapter 9.15 and elsewhere in the Moreno Valley Municipal Code, the following words and phrases shall, for the purpose of this section, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the municipal code, these definitions shall prevail.
means a business establishment to which the public is permitted
or invited and where coin or currency, card or slug operated or electronically,
electrically or mechanically controlled devices, still or motion picture
machines, projectors, videos, holograms, virtual reality devices or
other image-producing devices are maintained to show images on a regular
or substantial basis, where the images so displayed are distinguished
or characterized by an emphasis on matter depicting or describing
"specified sexual activities" or "specified anatomical areas." Such
devices shall be referred to as "adult arcade devices."
means a partitioned or partially enclosed portion of an adult
business used for any of the following purposes:
Where a live or taped performance is presented or viewed, where
the performances and/or images displayed or presented are distinguished
or characterized by their emphasis on matter depicting, describing,
or relating to "specified sexual activities" or "specified anatomical
areas"; or
Where "adult arcade" devices are located.
means:
A business establishment or concern that as a regular and substantial
course of conduct operates as an adult retail store, adult motion
picture theater, adult arcade, adult cabaret, adult motel or hotel,
adult modeling studio; or
A business establishment or concern which as a regular and substantial
course of conduct offers, sells or distributes "adult oriented material"
or "sexually oriented merchandise," or which offers to its patrons
materials, products, merchandise, services or entertainment characterized
by an emphasis on matters depicting, describing, or relating to "specified
sexual activities" or "specified anatomical areas" but not including
those uses or activities which are preempted by state law.
means a business establishment (whether or not serving alcoholic
beverages) that features "adult live entertainment."
means a hotel or motel that is used for presenting on a regular
and substantial basis images through closed circuit television, cable
television, still or motion picture machines, projectors, videos,
holograms, virtual reality devices or other image-producing devices
that are distinguished or characterized by the emphasis on matter
depicting or describing or relating to "specified sexual activities"
or "specified anatomical areas."
means any physical human body activity, whether performed
or engaged in, alone or with other persons, including, but not limited
to, singing, walking, speaking, dancing, acting, posing, simulating,
wrestling or pantomiming, in which:
The performer (including, but not limited to, topless and/or
bottomless dancers, go-go dancers, exotic dancers, strippers, or similar
performers) exposes to public view, without opaque covering, "specified
anatomical areas;" and/or
The performance or physical human body activity depicts, describes,
or relates to "specified sexual activities" whether or not the specified
anatomical areas are covered.
means a business establishment which provides for any form
of consideration, the services of a live human model, who, for the
purposes of sexual stimulation of patrons, displays "specified anatomical
areas" to be observed, sketched, photographed, filmed, painted, sculpted,
or otherwise depicted by persons paying for such consideration. "Adult
modeling studio" does not include schools maintained pursuant to standards
set by the Board of Education of the state of California.
means a business establishment, with or without a stage or
proscenium, where, on a regular and substantial basis and for any
form of consideration, material is presented through films, motion
pictures, video cassettes, slides, laser disks, digital video disks,
holograms, virtual reality devices, or other electronically-generated
reproductions that is characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas."
means accessories, paraphernalia, books, magazines, laser
disks, compact discs, digital video disks, photographs, prints, drawings,
paintings, motion pictures, pamphlets, videos, slides, tapes, holograms
or electronically generated images or devices including computer software,
or any combination thereof that is distinguished or characterized
by its emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas." "Adult oriented
material" shall include "sexually oriented merchandise."
means a business establishment having as a regular and substantial
portion of its stock in trade, "adult oriented material."
means any child day care facility as defined in Section 1596.750
of the California Health and Safety Code other than family day care
homes.
means any of the following:
The opening or commencement of any "adult business" (as defined
above) as a new business;
The conversion of an existing business, whether or not an "adult
business," to any "adult business;"
The addition of any "adult business" to any other existing "adult
business;"
The relocation of any "adult business;" or
Physical changes that expand the square footage of an existing
"adult business" by more than 10%.
means any of the following:
The sole proprietor of an adult business;
Any general partner of a partnership that owns and operates
an adult business;
The owner of a controlling interest in a corporation that owns
and operates an adult business; or
The person designated by the officers of a corporation to be
the permit holder for an adult business owned and operated by the
corporation.
means any park, playground, swimming pool, or golf course
within the city that is under the city's or the Moreno Valley Community
Services District's control, operation and management.
means a person who is an employee or independent contractor
of an adult business or any other person who, with or without any
compensation or other form of consideration, provides adult live entertainment
for patrons of an adult business.
means a structure or facility that is used primarily for
religious worship and related religious activities.
means any property within the city which carries a zoning
designation permitting the location of a residence, as set forth in
the current zoning atlas, as may be amended from time to time. However,
this does not include zones where a residence is permitted pursuant
to a conditional use permit or other special permit. "Residential
zone" also includes Specific Plan 168, Sunnymead Ranch, Specific Plan
193 Moreno Valley Ranch, Specific Plan 195 Hidden Springs, Specific
Plan 200 Towngate, and Specific Plan 203 Centerpointe as set forth
in the current zoning atlas, as may be amended from time to time.
means any institution of learning for minors, whether public
or private, offering instruction in those courses of study required
by the California Education Code and/or which is maintained pursuant
to standards set by the Board of Education of the state of California.
This definition includes a nursery school, kindergarten, elementary
school, middle or junior high school, senior high school, or any special
institution of education under the jurisdiction of the California
Department of Education. For the purposes of this section, "school"
does not include a vocational or professional institution of higher
education, including a community or junior college, college, or university.
means sexually oriented implements, paraphernalia, or novelty
items, such as, but not limited to: dildos, auto sucks, sexually oriented
vibrators, benwa balls, inflatable orifices, anatomical balloons with
orifices, simulated and battery operated vaginas, and similar sexually
oriented devices which are designed or marketed primarily for the
stimulation of human genital organs or sadomasochistic activity or
distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas."
means and includes any of the following:
means and include any of the following:
Simulated sexual intercourse; and/or
Human genitals in a state of sexual stimulation or arousal;
and/or
Acts of human masturbation, sexual stimulation or arousal; and/or
Use of human or animal ejaculation, sodomy, oral copulation,
coitus or masturbation; and/or
Masochism, erotic or sexually oriented torture, beating, or
the infliction of pain, or bondage and/or restraints; and/or
Human excretion, urination, menstruation, vaginal or anal irrigation;
and/or
Fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast.
C.
Locational
Restriction—Distance From Sensitive Uses.
1.
In
addition to the requirements of this section, no adult businesses
shall be established or located in any area in the city other than
in a zoning district indicated by an "A" in the Adult Business category
of the Permitted Uses Table 9.02.020-1 of this title.
2.
In
those zoning district(s) where the adult businesses regulated by this
section would otherwise be permitted uses, it shall be unlawful to
establish any adult business if the location is:
a.
Within 500 feet of any existing residential zone, park, religious
establishment, school, or child day care facility. The distances set
forth above shall be measured from the nearest property line of the
facility or tenant space housing the adult business or the proposed
adult business, and the nearest property line included within the
residential zone, park, religious establishment, school or child day
care facility, along a straight line extended between the two points.
b.
Within 1,000 feet of any other adult business. The distance between
any two adult businesses shall be measured from the nearest property
line of the facility or tenant space housing such use or proposed
use to the nearest straight line distance to the property line of
the proposed use.
3.
No
building permit or zoning clearance, business tax receipt, adult business
use permit, or other permit or entitlement for use shall be legally
valid if issued to any adult business proposed to operate or to be
established in the city unless the zoning and locational requirements
set forth above are satisfied.
D.
Adult
Business Use Permit Required. All adult businesses that meet the zoning
and locational requirements set forth in this section are also subject
to the adult business use permit requirements of this section as well
as all other applicable ordinances of the city and laws of the state
of California.
1.
It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within the city of Moreno Valley unless the person first obtains, and continues to maintain in full force and effect, an adult business use permit as herein required. Any occurrence of the "establishment of an adult business," as defined in subsection B of this section, shall require a new application for an adult business use permit. The adult business use permit shall be subject to the development and operational standards contained in subsection F of this section.
2.
The
city community development director ("director") or designee shall
grant or deny adult business use permits in accordance with these
regulations.
3.
Permit
applicants shall file a written, signed, and verified application
containing the following information and be accompanied by the following
documents:
a.
If the permit applicant is an individual, the individual shall state
his or her legal name, including any aliases, and address, and shall
submit satisfactory written proof that he or she is at least 18 years
of age;
b.
If the permit applicant is a partnership, the partners shall state
the partnership's complete name, address, the names of all partners,
and whether the partnership is general or limited; and shall attach
a copy of the partnership agreement, if any;
c.
If the permit applicant is a corporation, the corporation shall provide
its complete name, the date of its incorporation, evidence that the
corporation is in good standing under the laws of the state of California,
the names and capacities of all officers and directors, the name of
the registered corporate agent, and the address of the registered
office for service of process;
d.
A signed and verified statement that the permit applicant, if an
individual, or partners, officers, directors, if a partnership or
corporation, has not pled guilty or nolo contendere or been convicted
of an offense classified by this or any other state as a sex or sex-related
offense, and: (i) more than two years have elapsed since the date
of conviction or the date of release from confinement for a conviction
to the date of application, whichever is the later date, if the conviction
is a misdemeanor; (ii) more than five years have elapsed since the
date of conviction or the date of release from confinement for a conviction
to the date of application, whichever is the later date, if the conviction
is a felony; or (iii) more than five years have elapsed since the
date of the last conviction or the date of release from confinement
for the conviction to the date of application, whichever is the later
date, if the convictions are two or more misdemeanors or combination
of misdemeanors offenses occurring within any 24 month period;
e.
The permit applicant(s) shall sign the application. All persons who
sign the application must also provide names, aliases, addresses,
and date(s) of birth;
f.
If the permit applicant intends to operate the adult business under
a name other than that of the permit applicant, the permit applicant
shall file the fictitious name of the adult business and show proof
of registration of the fictitious name;
g.
A description of the type of adult business for which the permit
is requested and the proposed address where the adult business will
operate, plus the names and addresses of the owners and lessors of
the adult business site;
h.
The names of all employees, independent contractors, and other persons who will perform at the adult business, who are required by Section 11.07.020 to obtain an adult business performer license;
i.
The address to which notice of action on the application is to be
mailed;
j.
A dimensioned floor plan showing the interior configuration of the
premises, including a statement of the total floor area occupied by
the adult business. The sketch or diagram need not be professionally
prepared but must be oriented to the north or some other designated
street or object and drawn to a designated scale or drawn with marked
dimensions of the interior of the premises to an accuracy of plus
or minus six inches;
k.
A site plan prepared within 30 calendar days prior to the application
depicting the building and the portion, thereof to be occupied by
the adult business, marked to show the primary entrance, and: (i)
the nearest property line of the unit or structure in which all other
adult businesses within 1,000 feet of the nearest property line of
the unit or structure in which will be located the adult business
for which a permit is requested; and (ii) the property lines of any
residential zone, religious institution, school, park, or child day
care facility within 500 feet of the nearest property line of the
unit or structure in which the adult business will be located and
for which a permit is requested;
l.
A diagram of the off-street parking areas and entries to the premises of the adult business, also showing the location of the lighting system required by Section 9.09.030(F).
4.
The
completed application shall be accompanied by a non-refundable application
fee. The amount of such fees shall be set by the city council.
5.
The
completeness of an application for an adult business use permit shall
be determined by the director within five business days of its submittal.
If the director determines that the permit application is incomplete,
the director shall immediately notify in writing the permit applicant
of such fact and the reasons therefor, including any additional information
necessary to render the application complete. Such writing shall be
deposited in the U.S. mail, postage prepaid, immediately upon determination
that the application is incomplete. Within five business days following
the receipt of an amended application or supplemental information,
the director shall again determine whether the application is complete
in accordance with the provisions set forth above. Evaluation and
notification shall occur as provided herein until such time as the
application is found to be complete.
6.
The
fact that a permit applicant possesses other types of state or city
permits or licenses does not exempt the permit applicant from the
requirement of obtaining an adult business use permit.
E.
Review
and Action on Application for Adult Business Use Permit.
1.
Upon
receipt of a completed application and payment of the application
and permit fees, the director shall immediately write or stamp the
application "Received" and, in conjunction with city staff, shall
promptly review the information contained in the application to determine
whether an adult business use permit shall be granted. Investigation
shall not be grounds for the city to unilaterally delay in reviewing
a completed application, nor is it grounds to extend the time period
to conduct a hearing pursuant to this section.
2.
Within
30 calendar days of receipt of the completed application, the investigation
shall be completed and the director shall notice and conduct a public
hearing with notice of such hearing to be made pursuant to California
Government Code Sections 65091 and 65905.
3.
In
reaching a decision, the director shall not be bound by the formal
rules of evidence in the California Evidence Code.
4.
The director shall render a written decision on the application for an adult business use permit within five business days of the public hearing required by this section. The failure of the director to render any decision within the time frames established in any part of this section shall be deemed to constitute an approval, subject to appeal to the city council, pursuant to subsection I of this section. The director's decision shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this code. Any posted notices shall remain for at least 10 calendar days and mailed to all property owners within 600 feet of the adult business.
5.
Notwithstanding
any provisions in this section regarding the occurrence of any action
within a specified period of time, the applicant may request in writing
additional time beyond that provided for in this section or may request
a continuance regarding any decision or consideration by the city
of the pending application. Extensions of time sought by applicants
shall not be considered delay on the part of the city or constitute
failure by the city to provide for prompt decisions on applications.
6.
The
director shall grant or deny the application in accordance with the
provisions of this section, and so notify the applicant as follows:
a.
The director shall write or stamp "Approved" or "Denied" on the application
and date and sign such notation.
b.
If the application is denied, the director shall attach to the application
a statement of the reasons for the denial.
c.
If the application is approved, the director shall attach to the
application an adult business use permit.
7.
The director shall approve the application and issue the adult business use permit upon findings that the proposed business meets the locational criteria of subsection C of this section and that the permit applicant has met, or will meet, all of the development and operational standards and requirements of this section, unless the application is denied based upon one or more of the criteria set forth in subsection (E)(10) of this section.
8.
If the director approves the application, the applicant may begin operating the adult business for which the permit was sought, subject to strict compliance with the development and operational standards and requirements of subsection F of this section.
9.
The
permit holder shall post the permit conspicuously in the premises
of the adult business.
10.
The director shall deny the application if the applicant fails to
establish any of the following:
a.
The adult business complies with the zoning and locational standards found in Section subsection C of this section.
b.
The adult business complies with the development, operational or performance standards found in subsection F of this section.
c.
The permit applicant or applicant's designated representative when
dealing with a corporate entity ("collectively the applicant") is
at least 18 years of age.
d.
The required application fees have been paid.
e.
The application complies with subsection (D)(3) of this section.
f.
The applicant has not pled guilty, nolo contendere or been convicted
of an offense classified by this or any other state as a sex-related
offense: and (i) less than two years have elapsed since the date of
conviction or the date of release from confinement of conviction to
the date of application, whichever is the later date, if the conviction
is a misdemeanor; or (ii) less than five years have elapsed since
the date of conviction or the date of release from confinement of
conviction to the date of application, whichever is the later date,
if the conviction is a felony; or (iii) less than five years have
elapsed since the date of the last conviction or the date of release
from confinement for the conviction to the date of application, whichever
is the later date, if the convictions are two or more misdemeanors
or combination of misdemeanor offenses occurring within any 24 month
period.
11.
A person cannot re-apply for an adult business use permit for a particular
location within one year from the date of prior denial.
F.
Development
and Operating Standards.
1.
Hours
of Operation. It shall be unlawful for any owner, operator, manager
or employee of an adult business to allow such adult business to remain
open for business, or to permit any employee or performer to engage
in a performance, solicit a performance, make a sale, solicit a sale,
provide a service, or solicit a service, between the hours of twelve
a.m. and ten a.m. of any day excepting here from an "adult hotel/motel."
2.
Exterior
Lighting Requirements. All exterior areas, including parking lots,
of the adult business shall be illuminated at a minimum of one foot-candle,
maintained and evenly distributed at ground level with appropriate
devices to screen, deflect or diffuse the lighting in such manner
as to prevent glare or reflected light from creating adverse impacts
on adjoining and nearby public and private properties. Inoperable
and/or broken lights shall be replaced within 24 hours.
3.
Interior
Lighting Requirements. All interior areas of the adult business excepting
therefrom adult hotels/motels shall be illuminated at a minimum of
10 foot-candle, maintained and evenly distributed at floor level.
Inoperable and/or broken lights shall be replaced within 24 hours.
4.
Regulation
of Adult Booth/Individual Viewing Area.
a.
No adult booth/individual viewing area shall be occupied by more
than one individual at a time.
b.
Each adult booth/individual viewing area within the adult business
shall be visible from a continuous and accessible main aisle in a
public portion of the establishment, and shall not be obscured by
any door, curtain, wall, two-way mirror or other device which would
prohibit a person from seeing the entire interior of the adult booth/individual
viewing area from the main aisle. A manager shall be stationed in
the main aisle at all times. Further, no one shall maintain any adult
booth/individual viewing area in any configuration unless the entire
interior wherein the picture or entertainment is viewed is visible
from one main aisle. The entire body of any patron in any adult booth/individual
viewing area must be visible from the main aisle without the assistance
of mirrors or other device.
c.
No doors are permitted on an adult booth/individual viewing area.
No partially or fully enclosed adult booth/individual viewing areas
or partially or fully concealed adult booth/individual viewing areas
shall be permitted.
d.
No holes or other openings (commonly known as "glory holes") shall
be permitted between adult booths/individual viewing areas. Any such
hole or opening shall be repaired within 24 hours using "pop" rivets
to secure metal plates over the hole or opening to prevent patrons
from removing the metal plates.
e.
No beds shall be permitted in an adult booth/individual viewing area.
5.
On-Site
Manager—Security Measures. All adult businesses shall have a
responsible person who shall be at least 21 years of age and shall
be on the premises to act as manager at all times during which the
business is open. No performer may serve as the manager. The individual(s)
designated as the on-site manager shall provide his or her name to
the director to receive all complaints and be given by the owner and/or
operator the responsibility and duty to address and immediately resolve
all violations taking place on the premises.
6.
Interior
of Premises. No exterior door or window on the premises of an adult
business shall be propped or kept open at anytime while the business
is open and any exterior windows shall be covered with opaque coverings
at all times.
7.
Signs.
All adult businesses shall comply with the following sign requirements
in addition to those of the Moreno Valley Municipal Code. Should a
conflict exist between the requirements of the Moreno Valley Municipal
Code and this subsection, the more restrictive shall prevail.
a.
If an adult business does not serve alcohol, it shall post a notice
inside the establishment, within 10 feet of every entrance used by
customers for access to the establishment, stating that persons below
the age of 18 years of age are prohibited from entering onto the premises
or within the confines of the adult business. This notice shall be
posted on a wall in a place of prominence. The dimensions of the notice
shall be no less than six inches by six inches, with a minimum typeface
of 25 points on contrasting background. If the adult business serves
alcohol, it shall comply with all notice and posting requirements
of the alcoholic beverage control department.
b.
No adult oriented material shall be displayed in window areas or
any area where it would be visible from any location other than within
the confines of the adult business.
8.
Regulation
of Public Restroom Facilities. If the adult business is required to
provide restrooms for patron use, it shall provide separate restroom
facilities for male and female patrons. The restrooms shall be free
from adult oriented material. Only one person shall be allowed in
each restroom at any time, unless otherwise required by law, in which
case the adult business shall employ a restroom attendant of the same
sex as the restroom users who shall be present in the public portion
of the restroom during operating hours. The attendant shall ensure
that no person of the opposite sex is permitted into the restroom,
and that not more than one person is permitted to enter a restroom
stall, unless otherwise required by law, and that the restroom facilities
are used only for their intended sanitary purposes. Access to restrooms
for patron use shall not require passage through an area used as a
dressing area by performers.
9.
Trash.
All interior trash cans shall be emptied into a single locked trash
bin lined with a plastic bag at least once a day.
10.
Adult Live Entertainment Additional Operating Requirements. The following
additional requirements shall apply to adult businesses providing
adult live entertainment:
a.
No person shall perform adult live entertainment for patrons of an
adult business except upon a permanently fixed stage at least 18 inches
above the level of the floor.
b.
No performer shall be within 10 feet of a patron while the performer
is performing. This 10 foot separation shall be marked by a continuous
railing or other physical barrier designed to obstruct any contact
between the performer and the patron(s).
c.
No performer shall have physical contact with any patron, and no
patron shall have physical contact with any performer, while the performer
is performing on the premises. In addition, while on the premises,
no performer shall have physical contact with a patron and no patron
shall have physical contact with a performer, which physical contact
involves the touching of the clothed or unclothed genitals, pubic
area, buttocks, cleft of the buttocks, perineum, anal region, or female
breast with any part or area of any other person's body either before
or after any adult live entertainment by such performer. This prohibition
does not extend to incidental touching. Patrons shall be advised of
the separation and no touching requirements by signs conspicuously
displayed and placed on the barrier between patrons and performers
and utilizing red or black printing of letters not less than one inch
in size. And, if necessary, patrons shall also be advised of the separation
and no touching requirements by employees or independent contractors
of the establishment.
d.
All persons, except therefrom performers while performing on the
fixed stage, while on or about the premises or tenant space, shall
wear at a minimum an opaque covering which covers their specified
anatomical areas.
e.
If patrons wish to pay or tip performers, payment or tips shall be
placed in containers placed at least 10 feet from the stage or other
area used by the performers. Patrons shall not throw money to performers,
hand money directly to performers, place money in the performers'
costumes or otherwise place or throw money on the stage. Patrons shall
be advised of this requirement by signs conspicuously displayed and
placed on the barrier between patrons and performers and utilizing
red or black printing of letters not less than one inch in size.
f.
The adult business shall provide dressing rooms for performers, that
are separated by gender and exclusively dedicated to the performers'
use and which the performers shall use. Same gender performers may
share a dressing room. Patrons shall not be permitted in dressing
rooms.
g.
The adult business shall provide an entrance/exit to the establishment
for performers that is separate from the entrance/exit used by patrons,
which the performers shall use at all times.
h.
The adult business shall provide access for performers between the
stage and the dressing rooms that is completely separated from the
patrons. If such separate access is not physically feasible, the adult
business shall provide a minimum three foot wide walk aisle for performers
between the dressing room area and the stage, with a railing, fence
or other barrier separating the patrons and the performers capable
of (and which actually results in) preventing any physical contact
between patrons and performers and the patrons must also be seven
feet away from the walk aisle. Nothing in this section is intended
to exempt the adult business from compliance with the provisions of
Title 24 of the California Code of Regulations pertaining to accessibility.
i.
Fixed rail(s) at least 30 inches in height shall be maintained establishing
the separations between performers and patrons required by this subsection.
11.
Adult Motion Picture Theater—Additional Operating Requirements.
The following additional requirements shall apply to adult motion
picture theaters:
a.
If the theater contains a hall or auditorium area, the area shall
comply with each of the following provisions:
i.
Have individual, separate seats, not couches, benches, or the like,
to accommodate the maximum number of persons who may occupy the hall
or auditorium area;
ii.
Have a continuous main aisle alongside the seating areas in order
that each person seated in the hall or auditorium area shall be visible
from the aisle at all times;
iii.
Have a sign posted in a conspicuous place at or near each entrance
to the hall or auditorium area which lists the maximum number of persons
who may occupy the hall or auditorium area, which number shall not
exceed the number of seats within the hall or auditorium area; and
b.
If an adult motion picture theater is designed to permit outdoor
viewing by patrons seated in automobiles, it shall have the motion
picture screen so situated, or the perimeter of the establishment
so fenced, that the material to be seen by those patrons may not be
seen from any public right-of-way, child day care facility, public
park, school, or religious institution or any residentially zoned
property occupied with a residence.
G.
Transfer
of Adult Businesses or Adult Business Use Permits.
1.
A
permit holder shall not operate an adult business under the authority
of an adult business use permit at any place other than the address
of the adult business stated in the application for the permit.
2.
In the event of a transfer of ownership of the adult business or the adult business use permit, the new owner shall be fully informed of the requirements of this division, including the operational and development standards of subsection F of this section and the provisions relating to adult business performer licenses.
3.
In
the event of a transfer of the adult business or the adult business
use permit, the transferee must provide the director with the following
information within seven business days of the transfer:
a.
If the transferee is an individual, the individual shall state in
writing his or her legal name, including any aliases, and address,
and shall submit satisfactory written proof that he or she is at least
18 years of age.
b.
If the transferee is a partnership, the partners shall state the
partnership's complete name, address, the names of all partners, and
whether the partnership is general or limited; and shall attach a
copy of the partnership agreement, if any.
c.
If the transferee is a corporation, the corporation shall provide
its complete name, the date of its incorporation, evidence that the
corporation is in good standing under the laws of the state of California,
the names and capacities of all officers and directors, the name of
the registered corporate agent, and the address of the registered
office for service of process.
H.
Suspension
or Revocation of Adult Business Use Permits.
1.
On
determining that grounds for permit suspension or revocation exist,
the director or designee shall furnish written notice of the proposed
suspension or revocation to the permit holder. Such notice shall set
forth the time and place of a public hearing and the ground or grounds
upon which the hearing is based, the pertinent Moreno Valley Municipal
Code sections, and a brief statement of the factual matters in support
thereof. The notice shall be mailed, postage prepaid, addressed to
the last known address of the permit holder, or shall be delivered
to the permit holder personally, at least 10 days prior to the hearing
date. Public hearings pursuant to this section shall be noticed in
accordance with Government Code Sections 65091 and 65905 and conducted
by the city manager or designee, which designee may include a retired
judge. Public hearings pursuant to this section shall be conducted
in accordance with procedures established by the city manager but,
at a minimum shall include the following:
a.
All parties involved shall have the right to offer testimonial, documentary,
and tangible evidence bearing upon the issues and may be represented
by counsel.
b.
The city manager or designee shall not be bound by the formal rules
of evidence.
c.
Any hearing under this section may be continued for a reasonable
time for the convenience of a party or a witness at the request of
the permit holder. Extensions of time or continuances sought by a
permit holder shall not be considered delay on the part of the city
or constitute failure by the city to provide for prompt decisions
on permit suspensions or revocations.
2.
A
permit may be suspended or revoked based on the following causes arising
from the acts or omissions of the permit holder, or an employee, independent
contractor, partner, director, or manager of the permit holder:
a.
The building, structure, equipment, or location used by the adult business fails to comply with all provisions of these regulations and this section relating to adult businesses, including the adult business development and operational standards contained in subsection F of this section, and all other applicable building, fire, electrical, plumbing, health, and zoning requirements of the Moreno Valley Municipal Code.
b.
The permit holder has failed to obtain or maintain all required city
permits.
c.
The permit holder has made any false, misleading, or fraudulent statement
of material fact in the application for an adult business use permit.
d.
The permit is being used to conduct an activity different from that
for which it was issued.
e.
The permit holder has failed to submit and/or update the information pertaining to performers in accordance with subsection D of this section.
f.
That an individual employed by the adult business (whether classified
as an employee or independent contractor) has been convicted of two
or more sex-related offenses that occurred in or on the licensed premises
within a 12 month period and was an employee of the adult business
at the time the offenses were committed.
g.
That the use for which the approval was granted has ceased to exist
or has been suspended for six months or more.
h.
That the transferee/new owner of an adult business or adult business use permit failed to comply with the requirements of subsection G of this section.
i.
The permit holder, partner, director, or manager has knowingly allowed
or permitted, and has failed to make a reasonable effort to prevent
the occurrence of any of the following on the premises of the adult
business; or a permittee has been convicted of violating any of the
following state laws on the premises of the adult business:
i.
Any act of unlawful sexual intercourse, sodomy, oral copulation,
or masturbation.
ii.
Use of the establishment as a place where unlawful solicitations
for sexual intercourse, sodomy, oral copulation, or masturbation openly
occur.
iii.
Any conduct constituting a criminal offense which requires registration
under Section 290 of the California Penal Code.
iv.
The occurrence of acts of lewdness, assignation, or prostitution,
including any conduct constituting violations of Sections 315, 316,
318 of the California Penal Code.
v.
Any act constituting a violation of provisions in the California
Penal Code relating to obscene matter or distribution of harmful matter
to minors, including, but not limited to, Sections 311 through 313.4.
vi.
Any act constituting a felony involving the sale, use, possession,
or possession for sale of any controlled substance specified in Sections
11054, 11055, 11056, 11057, or 11058 of the California Health and
Safety Code.
vii.
An act or omission in violation of any of the requirements of this
division if such act or omission is with the knowledge, authorization,
or approval of the permit holder or is as a result of the permit holder's
negligent supervision of the employees of the adult facility. This
includes the allowance of activities that are or become a public nuisance
which includes the disruptive conduct of business patrons whether
on or immediately off the premises where such patrons disturb the
peace, obstruct traffic, damage property, engage in criminal conduct,
violate the law and otherwise impair the free enjoyment of life and
property.
3.
After
holding the hearing in accordance with the provisions of this section,
if the city manager or designee finds and determines that there are
grounds for suspension or revocation, the planning commission shall
impose one of the following:
a.
Suspension of the permit for a specified period not to exceed six
months; or
b.
Revocation of the permit. The city manager or designee shall render
a written decision that shall be hand delivered or overnight mailed
to the permit holder within five business days of the public hearing.
|
Any affected person may appeal the decision of the city manager or designee in writing within five business days in accordance with the provisions of subsection I of this section.
|
|
In the event a permit is revoked pursuant to this section, another
adult business use permit to operate an adult business shall not be
granted to the permittee within 12 months after the date of such revocation.
|
I.
Appeal
Procedures.
1.
After
approval, denial, suspension or revocation of a permit, any affected
person may appeal the decision to the city council in writing within
five business days after the written decision. Said appeal shall be
filed with the city clerk.
2.
Consideration
of an appeal of the decision shall be at a public hearing, notice
of which shall be given pursuant to California Government Code Sections
65091 and 65905 and which hearing shall occur within 30 calendar days
of the filing or initiation of the appeal.
3.
The
city council action on the appeal of the decision shall be by a majority
vote of the members present and upon the conclusion of the de novo
public hearing, the city council shall grant or deny the appeal. The
city council's decision shall be final and conclusive and shall be
rendered in writing within five business days of the hearing, such
written decision to be immediately mailed to the party appealing the
planning commission's decision.
4.
In
reaching its decision, the city council shall not be bound by the
formal rules of evidence.
5.
Notwithstanding
any provisions in this section regarding the occurrence of any action
within a specified period of time, the applicant may request additional
time beyond that provided for in this division or may request a continuance
regarding any decision or consideration by the city of the pending
appeal. Extensions of time sought by applicants shall not be considered
delay on the part of the city or constitute failure by the city to
provide for prompt decisions on applications.
6.
Failure
of the city council to render a decision to grant or deny an appeal
of a permit denial within the time frames established by this section
shall be deemed to constitute an approval of the adult business use
permit.
7.
The
time for a court challenge to a decision of the city council is governed
by California Code of Civil Procedure Section 1094.8.
8.
Notice
of the city council's decision and its findings shall include citation
to California Code of Civil Procedure Section 1094.8.
9.
Any
applicant or permit holder whose permit has been denied, suspended,
or revoked pursuant to this section shall be afforded prompt judicial
review of that decision as provided by California Code of Civil Procedure
Section 1094.8.
J.
Display
of Adult Business Use Permit. Every adult business shall display at
all times during business hours the permit issued pursuant to the
provisions of this section for such adult business in a conspicuous
place so that the same may be readily seen by all persons entering
the adult business.
K.
Employment
of and Services Rendered to Persons Under the Age of Eighteen Years
Prohibited—Twenty-one if Liquor is Served.
1.
Employees.
Employees of an adult business must be at least 18 years of age. It
shall be unlawful for any owner, operator, manager, partner, director,
officer, employee, or other person in charge of any adult business
to employ, contract with, or otherwise retain any services in connection
with the adult business with or from any person who is not at least
18 years of age. If liquor is served at the adult business, employees
of the adult business must be at least 21 years of age. If liquor
is served at the adult business, it shall be unlawful for any owner,
operator, manager, partner, director, officer, employee, or other
person in charge of any adult business to employ, contract with, or
otherwise retain any services in connection with the adult business
with or from any person who is not 21 years of age. Said persons shall
exercise reasonable care in ascertaining the true age of persons seeking
to contract with, be employed by, or otherwise service the adult business.
The provisions of this subsection do not apply to service employees
(e.g., janitors, repair and maintenance workers, or similar service
workers) whose work is not conducted during the normal hours of operation
as set forth in subsection (F)(1) of this section.
2.
Patrons.
Patrons of an adult business must be at least 18 years of age. It
shall be unlawful for any owner, operator, manager, partner, director,
officer, employee, or other person in charge of any adult business
to permit to enter or remain within the adult business any person
who is not at least 18 years of age. If liquor is served at the adult
business, patrons must be at least 21 years of age. If liquor is served
at the adult business, it shall be unlawful for any owner, operator,
manager, partner, director, officer, employee, or other person in
charge of any adult business to permit to enter or remain within the
adult business any person who is not at least 21 years of age. And
said persons shall exercise reasonable care in ascertaining the true
age of persons entering the adult business.
3.
X-rated
Movies. The selling, renting and/or displaying of X-rated movies,
videotapes, digital video disks (DVDs), compact disks (CDs) and laser
disks shall be restricted to persons at least 18 years of age. If
an establishment that is not otherwise prohibited from providing access
to the establishment to persons under 18 years of age sells, rents,
or displays movies, videos, DVDs, CDs, or laser disks that have been
rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"),
or which have not been submitted to the MPAA for a rating, and which
consist of images that are distinguished or characterized by an emphasis
on depicting or describing specified sexual activities or specified
anatomical areas, said movies, videos, DVDs, CDs, and laser disks
shall be located in a specific section of the establishment from which
persons under the age of 18 shall be prohibited.
L.
Inspections.
Each owner, operator, manager, employee of an adult business or other
person in charge of an adult business shall permit representatives
of the police department, health department, fire department, planning
department, license and code services division and other city departments,
to inspect the adult business for the purpose of ensuring compliance
with the laws and operating standards applicable to adult businesses
at any time it is occupied or open for business. Such inspections
shall be conducted in a reasonable manner.
M.
Employment of Performers Without Valid License Unlawful. It shall be unlawful for any owner, operator, manager, permit holder, partner, director, officer, agent, employee or other person in charge of an adult business which provides live entertainment displaying specified anatomical areas or specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked, unsuspended adult business performer license issued in compliance with Chapter 11.07.
N.
Amortization—Subsequent Location of Sensitive Uses. An adult business or establishment operating as a conforming use with an approved adult business use permit from the city shall not be rendered a nonconforming use by the subsequent location of residential zones, religious institutions, schools, day care facilities, or parks within the locational limitations of subsection C of this section. For purposes of this section, a use shall be deemed to be subsequently located if it commences following the date an application for an adult business use permit is filed pursuant to subsection D of this section.
O.
Regulations
Non-Exclusive. The provisions of this section regulating adult businesses
are not intended to be exclusive, and compliance therewith shall not
excuse noncompliance with any other regulations pertaining to the
operation of businesses as adopted by the city council of the city
of Moreno Valley.
P.
Violations.
1.
Any
owner, operator, manager, employee or independent contractor of an
adult business violating or permitting, counseling, or assisting the
violation of any of these provisions regulating adult businesses shall
be subject to any and all civil remedies, including permit revocation.
All remedies provided herein shall be cumulative and not exclusive.
Any violation of these provisions shall constitute a separate violation
for each and every day during which such violation is committed or
continued.
2.
The
restrictions imposed pursuant to this section are part of a regulatory
licensing process, and do not constitute a criminal offense. Notwithstanding
any other provision of the Moreno Valley Municipal Code, the city
does not impose a criminal penalty for violations of the provisions
of this section related to sexual conduct or activities.
Q.
Public Nuisance. In addition to the remedies set forth in subsection P of this section above, any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.
R.
Severability.
If any section, subsection, paragraph, sentence, clause, or phrase
of this section and the ordinance to which it is a part, or any part
thereof is held for any reason to be unconstitutional, invalid, or
ineffective by any court of competent jurisdiction, the remaining
sections, subsections, paragraphs, sentences, clauses, and phrases
shall not be affected thereby. The city council hereby declares that
it would have adopted this section and the ordinance to which it is
a part regardless of the fact that one or more sections, subsections,
paragraphs, sentences, clauses, or phrases may be determined to be
unconstitutional, invalid, or ineffective.
(Ord. 959 § 3.3, 2019)
A.
Purpose
and Intent. The purpose of this section is to mitigate the potential
safety, aesthetic and viewshed impacts of antennas, commercial antennas,
satellite dishes and communication facilities.
B.
Applicability.
This section applies to all communication facilities, commercial antennas,
satellite antennas and antennas installed or modified on or after
the effective date of this title.
C.
Amortization
Schedule. Each antenna, satellite dish and all related equipment installed
prior to the effective date of this title, which were permitted by
the provisions of the city zoning ordinances existing prior to such
effective date, shall be brought into conformance within 36 months
of the effective date of this title.
D.
Satellite
Dishes and Antennas in Residential Districts. Satellite dishes and
antennas shall be installed, modified and maintained in accordance
with the following standards:
1.
Only
one per parcel is permitted, except that a second satellite dish or
antenna may be permitted subject to approval of a conditional use
permit approved by the community development director.
2.
The
diameter of the dish shall not exceed 15 feet.
3.
The
dish or antenna shall not be located in any front yard or between
the street and the front of a residence.
4.
The
dish or antenna shall comply with all height and setback requirements
specified within the applicable district for accessory structures.
5.
The
dish or antenna shall be ground-mounted.
6.
The
dish or antenna shall be finished in a neutral color to blend with
the immediate surroundings.
7.
The
dish is screened along all sides, except that of the reception window,
with walls compatible in design to the associated building, or with
adequate landscaping utilizing city-approved plant materials.
8.
Where
locating a dish, consideration should be given to the possibility
of the obstruction of the dish's reception window by potential development
on adjacent parcels.
9.
The
display of signs or any other graphics on a satellite dish or antenna
is prohibited.
E.
Commercial
Antennas and Communication Facilities. Commercial antennas and communication
facilities shall be subject to the following requirements:
1.
The
community development director may approve any communication facility
or commercial antenna for commercial purposes, which complies with
the following criteria subject to the minor development review process:
a.
Building or roof-mounted commercial antennas and satellite dishes
not exceeding 15 feet in height and screened from view with height
measured from base of antenna in nonresidential zones only;
b.
Ground-mounted commercial antennas shall be subject to all height
and setback requirements specified for accessory structures in nonresidential
zones;
c.
Antennas which are architecturally integrated with a building or
structure so as to not be recognized as an antenna are allowed within
a commercial or industrial designation. Examples include antennas
which are an integral part of a permitted church steeple, or cupola,
or incorporated within the architectural design of a commercial structure.
Antennas which are architecturally integrated with a building or structure
may also be approved in a residential designation subject to an administrative
plot plan with a notice; provided, that, the building or structure
will not be for residential use. Such antennas shall comply with the
height requirements of the underlying zone;
d.
Up to two additional whip antennas (15 feet maximum height), the
reconfiguration or alteration of an existing antenna on a single support
structure, or additional dishes under four feet in diameter to an
existing monopole can be permitted;
e.
Support equipment must be located within a completely enclosed building
(equipment structure) or otherwise screened from view.
2.
Communication facilities and commercial antennas will require a conditional use permit to be approved by the community development director pursuant to Section 9.02.060(B) of this title which meet one of the following provisions:
a.
Communication facilities which are 75 feet or less in a commercial/industrial
zone;
b.
Commercial antennas mounted on other existing structures or similar
replacement structures, including, but not limited to, water tanks,
pump stations, utility poles, or ball field light standards. Such
antennas may exceed the maximum structure height of the underlying
zone, as determined by the CUP;
c.
Commercial antennas not attached to a communication facility shall
be no more than 35 feet, or no more than 75 feet in height above the
base of a building or structure in a commercial/industrial zone, and
shall not exceed maximum structure height in any other nonresidential
zone;
d.
The addition of any commercial antenna dishes up to four feet in
diameter, or increasing the height of an existing approved communication
facility;
e.
Co-location of equipment to an existing approved communication facility.
The additional antenna may exceed the height of the existing communication
facility by up to 20 feet in height;
f.
Aboveground support equipment, irrespective of its location, may
require landscaping or other measures to effectively mitigate visual
and safety impacts. Underground vaults may be required in order to
mitigate physical, aesthetic or safety siting issues which cannot
be mitigated otherwise. Aboveground support equipment in residential
areas shall be discouraged. Support radio equipment may be allowed
in the right-of-way where appropriate, as determined by the community
development director and subject to the granting of an encroachment
permit by the public works department.
3.
Communication
facilities will require a conditional use permit subject to review
by the planning commission if the proposed facilities are located
either: (a) within a residential district, or (b) within a nonresidential
district or zone and are over 75 feet in height.
4.
All
commercial communication facilities shall comply with the following
locational criteria and development and design standards:
a.
Locational Criteria.
i.
No commercial communication facility or antenna shall be located
within a single-family residential district (zone) unless the parcel
where the facility or antenna is to be located is of sufficient size
to accommodate the minimum setbacks specified in this section and
either unimproved or developed with a nonresidential use. If a commercial
communication facility or antenna is located on an unimproved single-family
residential parcel, no residence shall be developed on that parcel.
ii.
Commercial communication facilities shall be sited to minimize views
from public rights-of-way.
b.
Development and Design Standards. The following development and design
standards shall be considered in the design and location of all communication
facilities:
i.
Communication facilities are screened from view from the public right-of-way
through siting adjacent to taller buildings, location within other
structures, or placement near existing trees. Additional landscaping,
using city-approved plant materials may be required in order to help
blend the new structure and its site.
ii.
No communication antenna in any district (zone) shall be higher than
necessary to provide the required coverage and no communication antenna
within a residential district (zone) shall exceed 75 feet in height.
iii.
Safety lighting may be required for communication facilities. A blinking
light is acceptable. Strobe lights are prohibited.
iv.
Communication facilities (e.g., monopoles) shall either be galvanized
steel or painted an unobtrusive color.
v.
The display of any sign or any other graphics on a communication
facility or on related buildings or equipment is prohibited, except
for public safety warnings.
vi.
Where an equipment structure accompanies the communication facility,
it shall be designed to match adjacent architecture or screened from
view.
vii.
Landscaping using city-approved plant materials may be required to
screen the building or support structure from the public right-of-way.
viii.
Decorative materials may be required for surrounding fences.
ix.
If the communication facility is abandoned or if the conditional
use permit becomes void as set forth in this chapter, then the monopole
or support structure shall be removed.
x.
Communication facilities shall be designed to prevent unauthorized
persons from climbing them.
xi.
Within any single-family residential district, all commercial communication
facility antenna(s) and supporting tower systems shall be set back
from any property line a distance that is not less than the height
of the antenna and tower system and not less than any setback required
by any applicable fire and building codes.
xii.
A communication facility may be required to be adequately designed
for co-location of other equipment. If required, the applicant shall
provide documentation subject to review and approval of the community
development director and the city attorney, which provides that the
pole shall be made available for co-location of facilities for the
same or other companies in accordance with city regulations.
xiii.
Prior to issuance of building permit, the applicant shall provide
written verification that the system they will be installing will
not interfere with local government communication systems. Anytime
after installation, if there is any interruption of fire, police or
other public emergency communication system due to the purveyor's
system, the purveyor shall cease to operate site until corrections
are made to the purveyor's system.
F.
Variance. An administrative variance from any standard applicable to noncommercial antennas or satellite dishes, as required in this section, may be granted pursuant to Section 9.02.090 of this title, if the necessary findings can be made, in the following instances:
1.
Locating
a noncommercial antenna or satellite dish in accordance with herein
stated requirements would obstruct the antenna's reception, the dish's
reception window, or otherwise excessively interfere with reception,
and such interference or obstruction is beyond the applicant's control;
2.
The
cost incurred by the applicant in complying with the standards of
this section would be excessive in relationship to the cost of the
antenna or dish;
3.
The
variance application includes a certification that the proposed installation
of the dish or noncommercial antenna is in conformance with applicable
building code regulations, if a building permit is required. The application
must contain written documentation of such conformance, including
load distributions within the building's support structure and be
certified by a registered engineer.
(Ord. 359, 1992; Ord. 386 § 1.15, 1993; Ord. 513 § 1.2, 1997; Ord. 604 § 2.12, 2002; Ord. 616 §§ 2.2.15, 1.2.16, 2.2.17,
2003; Ord. 694 § 1.1,
2005)
A.
Purpose
and Intent. The purpose of this section is to mitigate the adverse
impacts on surrounding properties and on the community which are commonly
associated with arcades and video machines, and to increase compatibility
with adjacent land uses by utilizing specific location limitations
and development standards.
C.
Minimum
Development and Performance Standards. The following minimum development
and performance standards shall apply to arcades and other locations
where permitted electronic, coin-operated or video games are located,
unless with respect to any such standard, a determination is made
by the decision-making body that the purposes intended thereby can
be served by an alternative that adequately protects the public health,
safety and welfare.
1.
Number
of Machines.
a.
Four or fewer electronic, coin-operated or video games shall be permitted
in any commercial business except that convenience stores shall be
restricted to two such games.
b.
More than four games per commercial business constitutes an arcade
which shall be subject to the standards and provisions of this section
except that minor development review shall be required for more than
four games for incidental use in a restaurant use.
2.
Noise.
No sound created by any arcade, or its patrons, shall be detectable
from the exterior of the arcade or from adjacent uses.
3.
Maximum
Number of Games. The number of games shall not exceed one game per
each 30 square feet of floor area.
4.
Lighting.
Each arcade shall be fully and adequately lighted for easy observation
of all areas of the premises.
5.
Bicycle Racks. Bicycle storage racks shall be maintained off of the public sidewalk as specified in Section 9.11.060.
6.
Telephones.
At least one public telephone shall be provided at each arcade.
7.
Hours
of Operation. The hours of operation of arcades and of games shall
be limited to between eight a.m. and ten p.m., every day of the week.
8.
Adult
Supervision. An adult supervisor shall be located on a raised dais
so positioned as to be able to readily observe all games and all areas
of business in the arcade. The adult supervisor shall be present at
all times during hours of operation, and, if the number of games exceeds
40, there shall be two adult supervisors present at all times during
hours of operation.
9.
Smoking
and Drinking. No alcoholic beverages or cigarettes shall be sold or
consumed on the premises of any arcade except for restaurants. Appropriate
notification shall be displayed within the premises.
10.
Litter. The premises shall be continuously maintained in a safe,
clean and orderly condition with trash receptacles provided.
11.
On-Site Security. At the discretion of the city's police chief, on-site
security may be required based upon but not limited to the chief's
consideration of the following criteria:
a.
Square footage of the business;
b.
Expected customer attendance;
c.
Design of the interior and exterior of the business;
d.
Nature and character of the neighborhood and surrounding area;
e.
Location of the business within a commercial center and effect thereof;
f.
Building occupancy limit; and
g.
Nature and character of uses adjacent to or in the area of the arcade
business.
(Ord. 359, 1992; Ord. 386 § 1.16, 1993; Ord. 488 § 1.5, 1996)
A.
Purpose
and Intent. This section ensures that automobile dealerships, rental
agencies and the display of vehicles, vessels and other personal property
do not create an adverse impact on adjacent properties and surrounding
neighborhoods by reason of insufficient on-site customer and employee
parking, traffic generation, visual blight, bright lights, noise,
fumes, or drainage runoff. The following special standards shall apply
to automobile dealerships.
B.
Applicability.
1.
The parking or placement of more than one vehicle, vessel or other personal property upon a public or private street, parking lot or any public or private property for the purpose of displaying such vehicle, vessel or other personal property for sale, hire or rental constitutes a dealership or agency and shall not be permitted, except as provided for in subsection C of this section.
2.
All
dealerships and rental agencies (which include for purposes of this
section, agencies or businesses primarily engaged in the sale or rental
of automobiles and other or similar vehicles) shall comply with the
development requirements of the underlying district and with the provisions
of this section.
3.
Conversion
of Uses. When developed property is converted from a different use
to a vehicle dealership or rental agency, said property shall be redeveloped
to meet the current development requirements, including, but not limited
to, the requirements regarding parking, screening, landscaping, signs
and lighting.
C.
Standards
for Dealerships and Rental Agencies. The following standards shall
apply to all automobile dealerships and rental agencies.
1.
Minimum
Area. The minimum area for vehicle dealerships shall be two and one-half
acres, which could involve either a single dealership or no more than
two dealerships situated side-by-side on one parcel. The minimum area
for a vehicle rental agency shall be 20,000 square feet.
2.
Parking, Storage and Display of Vehicles. No vehicles to be displayed, sold, rented or repaired shall be parked or stored on any street or alley, nor within parking areas intended to meet the provisions of Chapter 9.11 of this title. All vehicles shall be displayed, parked or stored on improved, all-weather surfaces.
3.
Landscaping.
a.
A landscape area is provided along the street frontage perimeter
of all vehicle display areas. Applicable setback requirements are
expanded to include an additional 10 foot landscaped area, if the
project side is adjacent to any residential district.
Additionally, screening consisting of a decorative masonry wall
sufficient for sound attenuation with a minimum height of six feet,
as measured from the automobile dealership side of the wall, is provided
at the property line. If the wall is either greater or less than six
feet in height on the residential side, landscaping is provided 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.
Final design treatment shall be subject to review and approval by
the community development director. All parking areas not used for
vehicle display shall be subject to screening requirements contained
in this title.
5.
Washing
of Vehicles. All hand washing, rinsing or hosing down of dealership
or agency vehicles shall be permitted as an incidental use. An automated
car wash, for maintenance of dealership or agency automobiles only,
may be permitted subject to a conditional use permit.
6.
Loading
and Unloading of Vehicles. Loading and unloading of vehicles is permitted
only within the following constraints. The dealership operator is
deemed to be responsible and liable for any activities of a common
carrier, operator or other person controlling such loading or unloading
activities, to the extent, any such activities violate the provisions
of this subsection.
a.
Loading and unloading of vehicles is limited to the hours of eight
a.m. to six p.m., Monday through Friday, excluding legal holidays.
b.
Off-loading of vehicles shall be on-site, or off-site subject to
the approval of the city traffic engineer. Loading and unloading shall
not block the ingress or egress of any adjacent property.
7.
Repair of Vehicles. The repair and service facility portion of any automobile dealership shall comply with the provisions of Section 9.09.070, Vehicle repair facilities, of this chapter.
8.
Queuing
of Vehicles. An adequate on-site queuing area for service customers
shall be provided. The queuing area or lanes shall be large enough
to hold at least one and one-half vehicles for each service bay in
the facility. On-site driveways may be used for queuing, but may not
interfere with access to required parking spaces. Regular parking
spaces may not double as queuing spaces.
9.
Test
Driving. Test driving shall not be permitted on residential streets
or alleys. For the purposes of this subsection, streets which are
designated by the city as major collector streets shall be permissible
areas for test driving. Each dealership operator shall have an affirmative
obligation to inform all its personnel of this requirement, and to
ensure compliance with it. Existing dealerships and rental agencies
shall, within two months of the adoption of the ordinance codified
in this title, submit a plan for test driving routes to the city traffic
engineer for approval. All new dealerships and rental agencies shall
be required to obtain city traffic engineer approval of test driving
routes prior to the issuance of a certificate of occupancy.
10.
Noise Control.
a.
Outdoor loudspeakers shall produce no more than 45 dBA at a boundary
abutting a residential or a maximum of 65 dBA abutting nonresidential
districts.
b.
All noise-generating equipment exposed to the exterior shall be muffled
with sound-absorbing materials to minimize noise impacts on adjacent
properties, and shall not be operated before eight a.m. or after six
p.m.
c.
Rooftop storage areas shall be screened with noise-absorbing materials
to minimize noise impacts on adjacent properties.
11.
Toxic Waste and Storage and Disposal. Gasoline storage tanks shall
meet all applicable state and local health regulations, and shall
be constructed and maintained under the same conditions and standards
as applied for service stations.
12.
Air Quality.
a.
All mechanical ventilating equipment shall be directed to top story
exhaust vents which face away from adjacent residential properties.
b.
Required exhaust systems shall be equipped with appropriate and reasonably
available control technology to minimize or eliminate noxious pollutants
which would otherwise be emitted.
13.
Shopping Centers. No vehicle dealership or vehicle rental agency
shall be allowed within a shopping center, except as permitted under
an applicable specific plan.
14.
The conditional use permit may adjust, or add to, any of the standards
set forth in this section when it is found that the public health,
safety or general welfare is served thereby.
(Ord. 359, 1992; Ord. 426 § 3.1(f), 1994; Ord. 488 § 1.6, 1996; Ord. 475 § 1.4, 1995; Ord. 616 § 2.2.18, 2003; Ord. 685 § 2, 2005; Ord. 694 § 1.1, 2005)
A.
Purpose
and Intent. The purpose of this section is to provide for the mitigation
of potential noise, fumes, litter and parking problems associated
with motor vehicle repair shops. The special conditions contained
in this section are intended to ensure that vehicle repair facilities
operate harmoniously and are compatible with adjacent and surrounding
uses. In the interest of protecting the health, safety and general
welfare of the city and its residents, special standards shall be
imposed on repair and equipment installation facilities, consistent
with the goals, objectives and policies of the general plan.
B.
Applicability. Vehicle repair facilities may be permitted in the applicable commercial and industrial districts identified in Section 9.02.020 of this title. Each vehicular repair facility, including one which is part of and incorporated within a vehicle dealership, or rental agency, shall conform to the development standards of the district in which it is to be located, with the development standards for automobile dealerships and automobile rental agencies set forth in this title when applicable and with the additional development standards in subsection C of this section.
C.
Minimum
Development Standards. The following minimum development standards,
in addition to such other standards and conditions imposed as part
of project approval shall apply to all vehicle repair facilities.
1.
Paving.
The site is entirely paved, except for buildings and landscaping.
Existing uses that are currently not paved shall conform with this
requirement within three years from the adoption of this title.
2.
Structures.
Entrances to individual service bays shall not face public rights-of-way
or abutting residential parcels.
3.
Repair
Activities. All repair activities and operations shall be conducted
entirely within an enclosed building. Outdoor hoists are prohibited.
4.
Enclosure.
Repair facilities performing body and fender work or similar noise-generating
activities shall be conducted in fully enclosed structures with walls
of concrete block or similar materials. All painting shall occur within
an approved fully enclosed booth.
5.
Litter.
The premises shall be kept in a neat and orderly condition at all
times and all improvements shall be maintained in a condition of reasonable
repair and appearance. No used or discarded automotive parts or equipment
or permanently disabled, junked or wrecked vehicles may be stored
outside the main building.
6.
Storage.
Exterior parking area shall be used for employee and customer parking
only, and not for the repair or finishing work or long-term (over
one week) storage of vehicles. No vehicles to be repaired shall be
parked or stored on any street or in any alley.
(Ord. 359, 1992; Ord. 488 § 1.7, 1996)
A.
Purpose
and Intent. The purpose of this section is to ensure that drive-in,
drive-through, fast food and take-out restaurants do not result in
adverse impacts on surrounding neighborhoods by reason of customer
and employee parking demand, traffic generation, noise, light, litter,
or cumulative impact of such demands in one area, consistent with
the goals, objectives and policies of the general plan.
B.
Applicability.
Drive-in, drive-through, fast food, or take-out restaurants may be
permitted subject to the standards of the underlying district and
special conditions listed below. The provisions of this section shall
apply to all drive-in, drive-through, fast food and take-out restaurants
constructed or the use of which commenced after the effective date
of this title and to any expansion of more than 20% of the gross floor
area or increase of more than 25% of the number of seats in any such
restaurant in use prior to the effective date of this title. Floor
area added for the purpose of compliance with state or local health
laws or access requirements of the disabled shall not be included
in floor area calculations for purposes of determining applicability
of this section.
C.
Minimum
Development Standards. The following minimum development standards
shall apply to all drive-in, drive-through, fast food and take-out
restaurants.
1.
Hours
of Operation. When located on a site adjacent to, or separated by
an alley from any residentially zoned property, a drive-in, drive-through,
fast food or take-out restaurant shall not open prior to six a.m.,
nor remain open after ten p.m. unless extended hours are specifically
approved by the planning commission.
2.
Driveways.
Drive-in and drive-through restaurant sites shall have two points
of ingress and/or egress.
3.
Queuing.
Drive-up and drive-through restaurants shall have a capacity for queuing
a minimum of eight vehicles awaiting service. Queuing area shall not
interfere with on- or off-site circulation patterns and shall be reviewed
and approved by the city traffic engineer prior to issuance of a building
permit.
4.
Parking.
A parking and vehicular circulation plan encompassing adjoining streets
and alleys shall be submitted for review and approval by the city
traffic engineer prior to approval of a conditional use permit.
5.
Trash
Receptacle. A minimum of one outdoor trash receptacle shall be provided
on site. At least one additional on-site outdoor trash receptacle
shall be provided for every 10 required parking spaces.
6.
Noise.
Any drive-up or drive-through speaker system shall not be detectable
above ambient noise levels beyond the property boundaries. The system
shall incorporate best available technology to compensate for ambient
noise levels.
(Ord. 359, 1992; Ord. 975 § 3, 2021; Ord. 994 § 9, 2023)
A.
Purpose
and Intent. The purpose of this section is to ensure that the raising
and maintenance of agriculture and animal uses does not create an
adverse impact on adjacent properties by reason of dust, noise, visual
blight, odor, fumes, bright lights or insect infestation.
B.
Applicability.
All agricultural and animal uses shall comply with the standards of
this section and the standards of the underlying district permitting
these uses.
C.
Pre-existing
Uses. Any legally established noncommercial and nonconforming animal
keeping use which became nonconforming upon adoption of this title,
shall be permitted to continue.
D.
Permitted Uses. Animal keeping and agriculture uses permitted under the permitted uses Table 9.02.020-1 in Section 9.02.020, shall comply with the animal regulations Table 9.09.090-11 in this section and with all other standards and requirements of this section and with all other applicable ordinances and regulations. Where permitted in a district, the following uses shall be subject to the following limitations:
1.
Farms
for orchards, trees, field crops, truck gardening, flower gardening,
greenhouses used only for purposes of propagation and culture, and
other similar enterprises carried on in the general field of agriculture
will be allowed to sell products grown on the premises, but only from
a temporary stand, not exceeding 200 square feet in area, used exclusively
for that purpose.
2.
Wholesale
distribution and processing of nursery plant stock is permitted on
a site not less than five acres in size. Incidental retail sales may
be permitted thereon, provided such sales occur contiguous to propagation
of nursery stock. Outdoor storage and display are prohibited thereon
except for nursery plant stock.
E.
District
Standards.
1.
The
following standards shall apply to all animal keeping uses, excluding
dogs, cats and household pets, where permitted within the residential
districts (See Table 9.09.090-11—Animal Keeping Requirements):
a.
Setback for grazing, arena or area where animal is housed.1
|
Front
|
District requirement2
|
|---|---|
|
Side and Rear
|
Minimum 0 feet
|
|
Setback from any habitable dwelling
|
Minimum 20 feet
|
|
Corral size
|
Minimum 288 sq. ft. per animal (12 × 24) with a minimum
10-foot interior dimension. Corrals can be placed on land area having
no greater than a 4 percent slope.
|
|
Fence height
|
Minimum 5 feet
|
|
Notes:
| |
|---|---|
|
1
|
Setback standards apply to typical corral and fence construction. Barns, sheds and similar accessory structures shall be subject to the standards and setback requirements of Section 9.08.030. The area housing pigs and hogs shall maintain a minimum setback of 35 feet from any property line where adjacent parcels are less than 40,000 square feet.
|
|
2
|
Where the main habitable structure maintains a minimum setback
of 75 feet from the front property line, the front yard may be used
for the housing and/or grazing of animals.
|
b.
Apiary, provided that all hives or boxes housing bees shall be placed
at least 400 feet from any street, road or highway, and a minimum
of 500 feet from any public school, park, property boundary or from
any structure used as a dwelling or as a place of business. Additionally,
a water source shall be provided on site.
c.
Offspring born to a permitted animal kept on the site may be kept
until such animals are weaned (cats and dogs: four months; large animals:
six months; horses: 24 months).
d.
Rabbits must be kept in an area with a wire mesh floor.
e.
The keeping of animals shall be subject to the waste removal requirements of Chapter 6.04 and any other applicable laws and ordinances.
|
Table 9.09.090-11 Animal Keeping Requirements
| |||
|---|---|---|---|
|
Type of Animal
|
Minimum Lot Size
|
Number of Animals
|
Permitted Districts
|
|
Large:
Includes equine, bovine and similar sized animals as determined
by the community development director
|
20,000 sq. ft.
|
2/20,000 sq. ft. plus 1 per each additional 10,000 sq. ft. over
20,0003
|
RR, HR, R-1, RA-2, AG
|
|
Medium:
Includes sheep, goats and similar sized animals as determined
by the community development director
|
20,000 sq. ft.
|
1 per 5,000 sq. ft.
|
RR, HR, R-1, RA-2, AG
|
|
Small:
Includes rabbits, chinchillas, guinea pigs or other similar
sized animals as determined by the community development director
|
5,000 sq. ft.
|
6/5,000 sq. ft. up to 1 acre. 1 acre or larger, maximum 100
|
All
|
|
Poultry, fowl4
|
20,000 sq. ft.
|
15/20,000 sq. ft.
|
RR, HR, R-1, RA-2, AG
|
|
Pigs or hogs6
|
40,000 sq. ft.
|
2/40,000 sq. ft.
|
RR, HR, R-1, RA-2, AG
|
|
Cats or dogs
|
None
|
Maximum 45
|
All
|
|
Household pets
|
None
|
No maximum
|
All
|
|
Aviary
|
5,000 sq. ft.
|
25/5,000 sq. ft.
|
All
|
|
Exotic or wild animals
|
40,000 sq. ft.
|
Subject to administrative CUP
|
All
|
|
Notes:
| ||
|---|---|---|
|
3
|
One additional foal, up to 24 months of age, may be kept for
each 20,000 square feet of property.
| |
|
4
|
No roosters, guinea fowl or peafowl.
| |
|
5
|
Residential districts of R-10, R-15, R-20 and multiple-family
projects such as two-family dwellings, multiple-family dwellings,
bungalow courts, mobile home parks and apartment houses or similar
structures shall be subject to the following criteria:
| |
|
|
a.
|
Dwelling units of 1,000 square feet or less shall be limited
to a total of two such animals.
|
|
|
b.
|
Dwelling units greater than 1,000 square feet shall be limited
to a maximum of two dogs and two cats.
|
|
6
|
Pot belly pigs are included in this category.
| |
2.
A conditional use permit is required for the following (pursuant to the requirement of Section 9.02.060 of this title) on parcels of not less than one acre in size in any district:
a.
Commercial and noncommercial dog kennels and catteries, dog training schools, small animal shelters and dog and cat breeding establishments with outside runs. All commercial and non-commercial dog kennels and catteries shall be subject to the requirements of Chapter 10.02 of the municipal code and the following standards:
i.
All animal runs shall be of adequate size for animals held therein;
ii.
All animal runs shall be constructed or coated with nonporous material
to discourage the breeding of ticks and other similar pests;
iii.
All animal runs and animal holding areas shall have concrete or other
durable flooring sloped for proper drainage;
iv.
All animal runs shall have adequate enclosures to provide protection
from inclement weather;
v.
All animal runs shall be provided with sufficient drains to control
drainage and daily washing of the runs;
vi.
All kennels and catteries shall be serviced by sewer or septic systems
and all excrement produced by the animals shall be properly disposed
of on a regular basis so as to control flies and odor, or stored in
an enclosed container and dispersed on a regular basis as approved
by the county health department;
vii.
The kennel/cattery area shall be sound attenuated so that the noise
level measured at the property line does not exceed standards set
for the adjacent uses;
viii.
No animal runs, exercise areas or keeping of the kenneled animals
for commercial or non-commercial purposes shall be located within
a required setback area;
ix.
All facilities for dog kennels and catteries; dog training schools,
small animal shelters and dog and cat breeding establishments shall
be subject to the setback standards for the underlying district;
b.
The commercial raising of chinchilla, nutria, hamsters, guinea pigs,
cavy and similar small animals;
c.
Frog farms;
d.
Worm farms.
F.
Special
Standards for Agricultural and Animal Uses.
1.
Farm
Project Animals. Farm project animals are permitted in all districts.
For good cause shown and after consultation with the student's teacher
or project director, and provided that the quiet enjoyment of surrounding
properties is not thereby unreasonably disturbed, the community development
director may approve farm projects. Farm projects shall be subject
to minor development review with no fee required and the following
standards:
a.
A student registered in school or with a recognized farm education
organization for a farm project, and who resides on a lot in a zone
where the keeping of animals is not otherwise permitted, but upon
which lot animals for farm projects are permitted by this section,
may be permitted to keep and raise such animals provided the following
conditions are satisfied:
i.
A class or program registration slip and a note signed by the teacher
or program director of such student shall be provided verifying the
student's participation in such program and the duration of such participation.
ii.
The address and parcel size where the animal(s) will be located including
the type(s), and number of such animal(s) shall be set forth in the
signed note.
iii.
A letter, identifying the information required in subsection (F)(a)(ii)
of this section, shall be provided to the community development department
with the signatures of the property owners of all adjacent parcels.
Where such signatures are unobtainable, a copy of the letter shall
be sent to such property owners as certified mail advising that they
contact the community development department regarding any concerns
that they may have. A copy of such letters and their mailing certification
shall be provided to the community development department.
iv.
Upon review and verification of the accuracy of the information,
an approval letter may be issued by the community development director
to the applicant. The approval letter shall specify the name of the
participating student, the school or program, the project, the duration
of the project permitted, the type and number of animals permitted,
and the location authorized.
v.
Upon the expiration of the project duration specified in the approval
letter, each animal not otherwise permitted to remain thereon shall
be removed from the property for which the farm project approval has
been granted.
b.
General Provisions Relating to Farm Projects. The following minimum
standards shall apply to all farm projects:
i.
Not more than two cattle, horses, sheep, goats or similar farm animals
shall be permitted on parcels not less than 20,000 feet in size, and
other small animals as permitted by this section being fattened or
trained in connection with the education of a person as a member of
a recognized farm education organization, unless the district where
the animal(s) is being housed permits a greater number than herein
specified. In such cases, the maximum number of permitted animals
for the district shall not be exceeded. The community development
director may allow for additional animals, provided the sponsoring
or recognized organization recommends such and adverse impacts on
surrounding properties are not present.
ii.
Roosters and pigs shall be allowed only in agricultural zones.
iii.
Farm projects are not permitted on lots less than 7,200 square feet
in size.
iv.
The number of animals permitted for farm projects on lots less than
20,000 square feet shall be as follows:
v.
Caged animals for farm projects shall be located no closer than 10
feet to any residential structure for human habitation or to any property
line.
(Ord. 359, 1992; Ord. 402 § 1.8, 1993; Ord. 475 § 1.4, 1995; Ord. 488 §§1.12, 1.13, 1996; Ord. 520 §§ 1.11, 1.12, 1997; Ord. 575 § 2.4, 2000; Ord. 694 § 1.1, 2005; Ord. 731 § 3.1, 2007)
A.
Purpose
and Intent. The purpose and intent of this section is to ensure the
orderly development of outdoor recreational facilities in a manner
that does not adversely impact other property and uses.
B.
Applicability. The provisions of this section shall apply in addition to the provisions of the underlying district. This section shall not be applicable to recreational facilities which are accessory to residential uses for the exclusive use of the residents of that property and their guests (see Section 9.09.190) or to public recreational facilities operated by governmental agencies.
C.
Conditional Use Permit. An outdoor recreational facility shall be subject to approval of a conditional use permit as specified in Table 9.02.020-1, except as permitted under subsection (D) of this section.
D.
Plot
Plan Without Hearing (With Notice). An outdoor recreational facility
shall be permitted in any district subject to a plot plan without
hearing (with notice) and subject to all of the following, additional
criteria:
1.
The
operator is a California nonprofit entity; and
2.
The
facility provides for outdoor recreational uses similar to those normally
enjoyed in public parks operated by the city; and
3.
The
use is conducted after seven a.m. and before ten p.m.; and
4.
Alcohol
is not offered for sale on the premises; and
5.
Incidental
structures may be permitted in association with an outdoor recreational
use; and
6.
Installation
of improvements, including but not necessarily limited to streets,
curbs, gutters, sidewalks may be waived, if the city engineer determines
that they are not necessary to protect public health, safety or welfare
and it would not be materially injurious to properties or improvements
in the vicinity, nor conflict with state and federal regulations;
and
7.
Notice of a plot plan without hearing application for an outdoor recreation facility shall be provided as specified in Section 9.02.200(C). The notice shall describe the nature of the request and the location of the project. The notice shall also state that written comments are requested and that a decision will be made on a date not less than 10 days from the date of mailing of the notice. Notice of the decision shall be mailed or delivered to the applicant and to all owners of real property required to receive notice by mail or delivery in accordance with Section 9.02.200(C).
(Ord. 359, 1992; Ord. 388 § 1.3, 1993; Ord. 398 § 1.17, 1993; Ord. 520 § 1.13, 1997)
A.
Purpose
and Intent. The purpose of this section is to serve the need of the
public for convenient recycling redemption and processing facilities,
while guaranteeing the adequacy of the site for the use and for the
protection of the surrounding properties through review and consideration
of physical treatment and compatibility with surrounding properties.
B.
Applicability. Recycling facilities shall be permitted within the zones identified in Section 9.02.020 and shall be subject to the requirements of the zones and all additional requirements as set forth in this section.
C.
Reverse
Vending Machines. Reverse vending machines shall be in compliance
with the following standards:
1.
They
shall be established in conjunction with a commercial use or community
service facility which is in compliance with this title and the building
and fire codes of the city;
2.
They
shall be located within 30 feet of the entrance to the commercial
structure and shall not obstruct pedestrian or vehicular circulation;
3.
They
shall not occupy parking spaces required by the primary use;
4.
They
shall occupy no more than 75 square feet of floor space per installation,
including any protective enclosure, and shall be no more than 12 feet
in height;
5.
They
shall be constructed and maintained with durable, waterproof and rustproof
material;
6.
They
shall be clearly marked to identify the type of material to be deposited,
operating instructions, and the identity and phone number of the operator
or responsible person to call if the machine is inoperative;
7.
They
shall have a sign area of a maximum of four square feet per machine,
exclusive of operating instructions;
8.
They
shall be maintained in a clean, litter-free condition on a daily basis;
9.
They
shall have at a minimum, the operating hours of the host use;
10.
They shall be illuminated to ensure comfortable and safe operation
if operating hours are between dusk and dawn;
11.
They shall be approved pursuant to provision of Section 9.02.030(A) of this title, Minor development review; and
12.
All machines shall be clean and not dented, bent or otherwise disfigured.
D.
Small
Collection Facilities. Small collection facilities may be approved
subject to minor development review provided the facilities are in
compliance with the following standards:
1.
They
shall be established in conjunction with an existing commercial use
or community service facility which is in compliance with this title
and the building and fire code of the city;
2.
They
shall be no larger than 500 square feet and occupy no more than five
parking spaces not including space that will be periodically needed
for removal of materials or exchange of containers;
3.
They
shall be set back at least 10 feet from any property line and shall
not obstruct pedestrian or vehicular circulation;
4.
They
shall accept only glass, metals, plastic containers, paper and reusable
items;
5.
They
shall use no power-driven processing equipment, except for reverse
vending machines;
6.
They
shall use containers that are constructed and maintained with durable
waterproof and rustproof material; covered when site is not attended;
secured from unauthorized entry or removal of material and of a capacity
sufficient to accommodate materials collected and collection schedule;
7.
They
shall store all recyclable materials in containers or in the mobile
unit vehicle, and shall not leave materials outside of containers
when attendant is not present;
8.
They
shall be maintained free of litter and any other undesirable materials;
mobile facilities, at which truck or containers are removed at the
end of each collection day, shall be swept at the end of each collection
day;
9.
They
shall not exceed noise levels of 60 dBA as measured at the property
line of residentially zoned or occupied property, otherwise shall
not exceed 70 dBA;
10.
Small collection facilities located within 100 feet of a property
zoned or occupied for residential use shall operate only during the
hours between nine a.m. and seven p.m.;
11.
Containers for the 24 hour donation of materials shall be at least
100 feet from any property zoned or occupied for residential use unless
there is a recognized service corridor and acoustical shielding between
the containers and the residential use; all containers to be painted
and not dented, bent or otherwise disfigured;
12.
Containers shall be clearly marked to identify the type of material
which may be deposited; the facility shall be clearly marked to identify
the name and telephone number of the facility operator and the hours
of operation, display a notice stating that no material shall be left
outside the recycling enclosure or containers;
13.
Signs may be provided as follows:
a.
Recycling facilities may have identification signs with a maximum
of 20% per side of the facility or 16 square feet, whichever is larger,
however in the case of a wheeled facility, the side will be measured
from the pavement to the top of the container,
b.
Signs must be consistent with the character of the location,
c.
Directional signs, bearing no advertising message, may be installed
with the approval of the community development director if necessary
to facilitate traffic circulation, or if the facility is not visible
from the public right-of-way, and
d.
The community development director may authorize increases in the
number and size of signs upon findings that it is compatible with
adjacent businesses pursuant to standards or criteria therefor established
through the minor development approval;
14.
The facility shall not impair the landscaping required by this title
for any concurrent use or under any permit or approval issued therefor;
15.
No additional parking spaces will be required for customers of a
small collection facility located at the established parking lot of
a host use; one space will be provided for the attendant, if needed;
16.
Mobile recycling units shall have an area clearly marked to prohibit
other vehicular parking during hours when the mobile unit is scheduled
to be present or operating;
17.
They shall be adequately screened, and the design, height, materials
and location of screening shall be approved by the community development
director;
18.
Occupation of parking spaces by the facility and by the attendant
may not reduce available parking spaces below the minimum number required
for the primary host use unless all of the following conditions exist:
a.
The facility is located in a convenience zone or a potential convenience
zone, as designated by the California Department of Conservation,
b.
A parking study shows that existing parking capacity is not already
fully utilized during the time the recycling facility will be on the
site,
c.
The approval will be reconsidered at the end of 18 months,
d.
A reduction in available parking spaces in an established parking
facility may then be allowed as follows:
19.
If the minor development review approval expires without renewal,
the collection facility shall be removed from the site on the day
following permit expiration.
E.
Large
Collection Facilities. The following standards shall apply to all
large collection facilities:
1.
Facility
shall not abut a property zoned or planned for residential use;
2.
Facility
shall be screened from the public right-of-way by operating in an
enclosed building, or:
3.
Setbacks
and landscape requirements shall be those provided for the zoning
district in which the facility is located;
4.
All
exterior storage of material shall be in sturdy containers which are
covered, secured and maintained in good condition: storage containers
for flammable material shall be constructed of nonflammable material;
no storage, excluding truck trailers and overseas containers, shall
be visible above the height of the fencing;
5.
The
site shall be maintained free of litter and any other undesirable
materials, and shall be cleaned of loose debris on a daily basis;
6.
Space
shall be provided on-site for six vehicles or the anticipated peak
customer load, whichever is higher, to circulate and deposit recyclable
materials, except where it is determined at the time of the development
review or where conditions or criteria are established by which the
community development director determines that allowing overflow parking
for less than six vehicles is compatible with surrounding businesses
and public safety;
7.
One
parking space will be provided for each commercial vehicle operated
by the recycling facility; parking requirements shall be as provided
for in the zone, except that parking requirements for employees may
be reduced when it can be shown that parking spaces are not necessary
such as when employees are transported in a company vehicle to a work
facility;
8.
Noise
levels shall not exceed 55 dBA as measured at the property line of
residentially zoned property, or otherwise shall not exceed 70 dBA;
9.
If
the facility is located within 500 feet of property zoned, planned
or occupied for residential use, it shall not be in operation between
seven p.m. and seven a.m.;
10.
Any containers provided for after-hours donation of recyclable materials
will be at least 50 feet from any property zoned or occupied for residential
use, shall be of sturdy, rustproof construction, shall have sufficient
capacity to accommodate materials collected, and shall be secure from
unauthorized entry or removal of materials; containers shall be located
at least 10 feet from any building;
11.
Donation areas shall be kept free of litter and any other undesirable
material and the containers shall be clearly marked to identify the
type of material that may be deposited, and the facility shall display
a notice stating that no materials shall be left outside the recycling
containers;
12.
The facility will be clearly marked with the name and phone number
of the facility operator and the hours of operation; identification
and informational signs will meet the standards of the zone; and directional
signs, bearing no advertising message, may be installed with the approval
of the community development director, if necessary, to facilitate
traffic circulation or if the facility is not visible from the public
right-of-way;
13.
Power-driven processing, including aluminum foil and can compacting,
baling, plastic shredding, or other light processing activities necessary
for efficient temporary storage and shipment of material, may be approved
through the development review process.
F.
Processing
Facilities. The following standards shall apply to all processing
facilities:
1.
The
facility shall not abut a property zoned or planned for residential
use;
2.
In
a commercial or light industrial zone, processors shall operate in
a wholly enclosed building, except for incidental storage, or:
3.
Power-driven
processing shall be permitted, provided all noise level requirements
are met; light processing facilities shall be limited to baling, briquetting,
crushing, compacting, grinding, shredding and sorting of source-separated
recyclable materials and repairing of reusable materials;
4.
A
light processing facility shall be no larger than 45,000 square feet
and shall have no more than an average of two outbound truck shipments
of material per day and may not shred, compact or bale ferrous metals
other than food and beverage containers;
5.
Setbacks
and landscaping requirements shall be those provided for the zoning
district in which the facility is located;
6.
All
exterior storage of material shall be in sturdy containers or enclosures
which are covered, secured and maintained in good condition; storage
containers for flammable material shall be constructed of nonflammable
material; no storage, excluding truck trailers and overseas containers,
shall be visible above the height of the fencing;
7.
The
site shall be maintained free of litter and any other undesirable
materials, and shall be cleaned of loose debris on a daily basis and
shall be secured from unauthorized entry and removal of materials
when attendants are not present;
8.
Space
shall be provided on-site for the anticipated peak load of customers
to circulate, park and deposit recyclable materials; if the facility
is open to the public, space shall be provided for a minimum of 10
customers. Where it is determined through the development approval
or where conditions or criteria are established, the community development
director may determine that allowing a reduction to provide for a
minimum of parking for six vehicles is compatible with surrounding
businesses and public safety;
9.
One
parking space will be provided for each commercial vehicle operated
by the processing center; parking requirements will otherwise be as
mandated by the district in which the facility is located;
10.
Noise levels shall not exceed 60 dBA as measured at the property
line of residentially zoned or occupied property, or otherwise shall
not exceed 70 dBA;
11.
If the facility is located within 500 feet of property zoned or planned
for residential use, it shall not be in operation between seven p.m.
and seven a.m.; the facility will be administered by on-site personnel
during the hours the facility is open;
12.
Any containers provided for after-hours donation of recyclable materials
will be at least 50 feet from any property zoned or occupied for residential
use; shall be of sturdy, rustproof construction; shall have sufficient
capacity to accommodate materials collected; and shall be secure from
unauthorized entry or removal of materials;
13.
Donation areas shall be kept free of litter and any other undesirable
material; the containers shall be clearly marked to identify the type
of material that may be deposited; the facility shall display a notice
stating that no material shall be left outside the recycling containers;
14.
Sign requirements shall be those provided for the zoning district
in which the facility is located; in addition, the facility will be
clearly marked with the name and phone number of the facility operator
and the hours of operation;
15.
There shall be no dust, fumes, smoke, vibration, odor or noise above
ambient level detectable on neighboring properties.
(Ord. 359, 1992; Ord. 386 § 1.17, 1993; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
A.
Purpose and Intent. The purpose of these standards is to ensure:
1.
Accessory dwelling units (ADUs) and junior accessory dwelling units
(JADUs) as defined herein are a permitted accessory use. This section
establishes standards for the construction and occupancy of ADUs and
JADUs. The standards herein serve to ensure ADUs and JADUs are constructed
in a manner that is consistent with the requirements and allowances
of state law, and contribute to a suitable living environment for
all.
2.
General Plan Consistency. ADUs and JADUs are a residential use consistent
with the existing general plan and zoning designation. This section
furthers the goals, objectives, and policies of the General Plan Housing
Element.
3.
Applicability. Under state law, the city must allow for ADUs and
JADUs. However, the approval of ADUs may be based on the adequacy
of water and sewer services as well as impacts on traffic flow and
public safety. A local homeowner's association cannot prohibit
the construction of an ADU or a JADU. This section addresses all requirements
of state law regarding ADUs.
B.
Approval Authority. Approval of an ADU or JADU within a residential,
mixed-use zone, or specific plan zone allowing residential or mixed
use is considered a ministerial action and the approval authority
is the community development director. Approval of an accessory dwelling
unit is subject to all applicable requirements established within
this section as well as all building, fire, engineering, flood, water
quality, environmental codes, standards, and permitting fees established
by the city. Any limits on where ADUs are permitted may only be based
on the adequacy of water and sewer service, and the impacts on traffic
flow and public safety. If the proposal is not consistent with the
requirements of state law and this section then the application does
not qualify as an ADU and will be processed as a second unit either
under an administrative plot plan for a single-family dwelling unit,
or through an amended plot plan for additional multiple-family dwelling
units. If a JADU has already been constructed within the primary dwelling,
this will not preclude submittal of an application for an accessory
dwelling unit that is consistent with all the standards of this section
and state law. An application for a JADU may be submitted that meets
all the requirement of this section even if an ADU already has been
constructed.
C.
Application and Processing.
1.
Applications for the following types of ADUs that meet all the requirements
of this section shall be ministerial and reviewed and processed with
a building permit subject to conditions of approval.
2.
Applications for multiple-family ADUs consistent with this section:
Applications for multiple-family ADUs either detached or within an
existing permitted structure or dwelling, shall be made to the community
development department and shall be permitted ministerially with approval
of both an administrative plot plan and building permit. The administrative
plot plan will include all of the items in subsection (C)(3) below.
3.
With regard to evaluating whether the ADU meets the standards of
this section, the building permit application or administrative plot
plan application, as applicable, shall include the following:
a.
A detailed description and scaled, dimensioned floor plan of
the proposed ADU, clearly illustrating the bedroom(s), bathroom(s),
kitchen and other features or other proposed habitable areas;
b.
A detailed description and scaled, dimensioned elevation of
the proposed ADU, clearly illustrating the exterior entrance of the
ADU;
c.
A scaled, dimensioned site plan of the property clearly illustrating
the location of all improvements on site (existing primary residence,
garage, driveway(s), fences/walls, accessory structures, public right-of-way
improvements, etc.) and where the ADU shall be located;
d.
The scaled, dimensioned site plan of the property shall note
the use(s) of all buildings existing on site.
4.
Applications shall be permitted ministerially if there is an existing
single-family or multifamily dwelling on the lot and all applicable
requirements and development standards of this section are met and
no variances are required. If the permit application to create an
ADU or JADU is submitted with a permit application to create a new
single-family dwelling on the lot, the city will not act on the permit
application for the ADU or JADU until the city acts on the permit
application to create the new single-family dwelling. If the application
has been deemed complete, the ADU or JADU shall be deemed approved
if the city has not acted on the completed application within 60 days.
If the applicant requests a delay, the 60 day time period shall be
tolled for the period of the delay.
5.
If any ADU application is denied, the applicant will receive with
a full set of comments listing the specific items that are defective
or deficient along with a description on how the application can be
remedied by the applicant pursuant to California Government Code Section
66314.
D.
Development Standards and Requirements. Accessory dwelling units
shall comply with the following development standards as described
below and as shown in Tables 1 and 2:
1.
Permitted ADUs. An ADU is permitted if the lot is zoned for single-family,
multifamily use, or mixed use allowing for residential use, and contains
an existing, single-family structure or multifamily structure.
a.
Existing Single-Family Structure/Primary Dwelling Unit. For
an existing single-family structure, one ADU and one JADU is permitted.
An ADU may be detached or attached. A JADU must be contained within
the space of an existing single-family structure.
b.
Existing Multifamily Structures. Within an existing multifamily
structure, up to 25% of the existing multifamily units may be ADUs,
or one unit, whichever is greater; two accessory dwelling units detached
from the multifamily dwelling are permitted subject to a height limit
of 16 feet and four-foot rear and side setbacks. If a detached ADU
is on a lot with an existing or proposed multi-story multifamily dwelling,
the ADU may be up to 18 feet in height.
c.
New Multifamily Structures. No more than two new detached ADUs
shall be permitted on a lot that has an existing multifamily dwelling.
If a detached ADU is on a lot with an existing or proposed multi-story
multifamily dwelling, the ADU may be up to 18 feet in height.
2.
Lot Size. There is no minimum lot size required if the ADU meets
the setbacks described in this section.
3.
ADU Size.
a.
Minimum. The minimum unit size for a JADU per state law is 150
square feet. There is no minimum unit size for other ADU structures
provided that the ADU is in compliance with state laws including building
and health and safety codes.
b.
Maximum. For the conversion of an accessory building per state
law, there is no maximum square footage provided the ADU is within
the walls of the existing accessory building. For these uses, up to
150 square feet can be added for ingress/egress subject to state law.
c.
Detached ADUs for Single-Family or Multifamily. The maximum
unit size shall be 850 square feet for an efficiency or one bedroom,
and 1,000 square feet for two bedrooms.
d.
Attached ADUs. If there is an existing single-family dwelling
on the site, the attached ADU shall be no larger in size than 850
square feet for an efficiency or one bedroom, and no larger than 1,000
square feet for two bedrooms. For multifamily, the ADU shall be no
more than 800 square feet.
e.
Lot Coverage/Floor Area Ratio/Open Space. If all of the following
standards are satisfied for an attached ADU or detached ADU, lot coverage,
floor area ratio, and open space requirements would not apply. All
other development standards as described in this section would apply.
(See Tables 1 and 2.)
f.
Up to 800 square foot accessory unit.
g.
Four-foot side, corner, and rear yard setbacks.
h.
For all other ADUs allowed by this section, lot coverage, floor
area ratio, and open space requirements of the underlying zone would
apply.
4.
ADU/JADU Height.
a.
Detached ADUs. For a detached primary dwelling unit on a site,
the ADU is permitted to be at least 16 feet in height, not to exceed
the height described in Table 1.
b.
Attached ADUs. For JADUs and internal ADUs, the height limits
are not applicable, except the height limit of residential zone would
apply if constructed in conjunction with a new single-family residence.
An attached multifamily unit would only be permitted within the walls
of the existing structure; therefore, a height limit would not apply.
5.
Setbacks.
a.
Front Setbacks. ADUs shall comply with the front setback requirement
of the underlying zone; the front setback does not apply to an internal
ADU or JADU.
b.
Side and Rear Yard Setbacks. Setbacks for ADUs are summarized
in Tables 1 and 2. Setbacks would generally not apply to JADUs or
internal ADUs entirely contained within an existing dwelling unit;
however, if constructed in conjunction with a new single-family residence
then the setbacks for the underlying zone would apply. Setbacks would
not apply to an existing accessory building converted into an ADU.
c.
Corner (Street Side) Setbacks. The corner setback for a new
detached ADU is 10 feet except that the corner setback may be as little
as four feet if satisfying a 10 foot setback would not allow for construction
of an ADU on the site. If the required setback is less than 10 feet,
then the height of the detached ADU may not exceed 16 feet.
d.
If constructed in conjunction with a single-family residence,
the street side setbacks for the underlying zone would apply. The
street side setback requirement is not applicable to a JADU, an attached
ADU entirely contained within an existing dwelling unit, or an attached
ADU which may be constructed at a setback equal to that of the primary
dwelling, but no less than four feet.
6.
Distance Between Structures. The standard for distance between structures
of the underlying residential zone will apply where feasible, but
if necessary will be adjusted to accommodate an ADU that is 800 square
feet or less, 16 feet in height, and with rear and side setbacks of
no less than four feet. Any accommodation for the distance between
structures will need to be evaluated for consistency with building
codes for protection of public safety and approved by the community
development director or designee.
7.
The ADU shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation, and shall include a kitchen and bathroom.
E.
Design Requirements.
1.
ADUs shall be located at the rear or the side of the existing single-family
dwelling unless it is demonstrated that the only feasible location
is to place the ADU in front of the single-family dwelling due to
extraordinary or physical constraints of the lot.
2.
The entrance to an attached ADU shall be separate from the entrance
to the primary dwelling unit and shall be located and designed in
a manner as to eliminate an obvious indication of two or three units
in the same structure.
3.
All exterior changes shall be architecturally compatible with existing
structures with regard to wall covering material, wall texture, and
colors. When a garage is converted, the garage door shall be removed,
and framed-in wall shall include architectural details and finishes
compatible with the residence(s) on the site.
4.
Plans that demonstrate an unobstructed pathway extending from a street
to one entrance of the ADU are desirable prior to approval of an ADU
application; however, this is not a mandatory requirement for an ADU.
5.
If a manufactured home is the proposed structure for the ADU, at
a minimum, it should still be compatible with the primary dwelling
unit on the site with regard to wall covering material, wall texture,
and colors.
6.
ADUs, when converted from existing accessory buildings, are permitted
without additional restrictions provided the structure has independent
exterior access and side and rear setbacks sufficient for fire safety,
provided that no more than 150 square feet is added for ingress/egress
subject to the requirements of state law.
7.
Outside stairways serving ADUs should not be located on any building
elevation facing a public street; and when unavoidable, the design
of the stairway shall mute/mitigate any potential negative aesthetic
impact and maintain the character of the existing single-family residence.
8.
Outside stairways serving ADUs should not be located on any building
elevation facing a public street; and when unavoidable, the design
of the stairway shall mute/mitigate any potential negative aesthetic
impact and maintain the character of the existing single-family residence.
Parking Requirements.
|
Table 1: Accessory Dwelling Units—New Construction and
Conversion of Accessory Buildings
| |||
|---|---|---|---|
|
Conversion
(Accessory Building per State Law)
|
New Construction
| ||
|
Detached ADU
(single-family)
|
Detached ADU
(multifamily)
| ||
|
Required Main Use on the Lot
|
Existing single-family dwelling
|
Existing or proposed single-family dwelling
|
Existing multifamily dwelling
|
|
Minimum Dwelling Size
|
None
|
Determined based on compliance with building and health and
safety codes
|
Determined based on compliance with building and health and
safety codes
|
|
Unit Size Maximum
|
None, plus 150 square feet maximum addition for ingress/egress
subject to all this section
|
No greater than 850 square feet for an efficiency or one bedroom;
For two or more bedrooms: No greater than 1,000 square feet
|
For multifamily, no greater than 850 square feet for an efficiency
or one bedroom; For two or more bedrooms: No greater than 1,000 square
feet.
|
|
ADU Height/Story Limit
|
None
|
At least 16 feet is permitted, but above 16 feet the ADU may
not exceed the height of the existing primary dwelling on the site.1,2
| |
|
ADU Front Setback
|
Not applicable
|
Front setback standard of the underlying zone applies.3
|
Front setback standard of the underlying zone applies.
|
|
ADU Minimum Side and Rear Yard Setbacks
|
Not applicable
|
If ADU is 16 feet or less in height: 4 feet for interior side
yard and rear. If ADU is more than 16 feet in height: Interior side
and rear yard setbacks of the underlying zone would apply.
|
4 feet for interior side yard and rear
|
|
Corner Setback (Street Side)
|
Not applicable
|
10 feet4
|
10 feet*
|
|
Minimum Distance Between Structures (Primary Dwelling and ADU)
|
Not applicable
|
The standard of the underlying zone will apply where feasible,
however, the city must still accommodate an ADU of up to at least
800 square feet or less, 16 feet in height, and with four-foot rear
and/or side yard setbacks
| |
|
Parking
|
None
|
See parking requirements under subsection F of this section.
| |
|
Notes:
| |||
|---|---|---|---|
|
1.
|
A detached ADU may be up to 18 feet in height if it is created
on a lot with an existing or proposed single-family or multifamily
dwelling unit that is located within one-half mile walking distance
of a major transit stop or a high-quality transit corridor, as those
terms are defined in Section 21155 of the Public Resources Code, and
the ADU may be up to two additional feet in height (for a maximum
of 20 feet) if necessary to accommodate a roof pitch on the ADU that
is aligned with the roof pitch of the primary dwelling unit.
| ||
|
2.
|
A detached ADU created on a lot with an existing or proposed
multifamily dwelling that has more than one story above grade may
not exceed 18 feet in height.
| ||
|
3.
|
Front setback requirements cannot be used to prohibit the construction
of an ADU, where there is no other alternative to allow for the construction
of an 800-square-foot ADU that meets height limits and complies with
four-foot side and rear setbacks.
| ||
|
4.
|
The setback may be as little as four feet if necessary to accommodate
an ADU that satisfies the state's requirements. If the required
setback is less than 10 feet, then the height of the ADU may not be
more than 16 feet.
| ||
|
Table 2: Junior and Attached Accessory Dwelling Units
| ||||
|---|---|---|---|---|
|
Junior ADU per State Law
|
Internal ADU
(Proposed ADU contained within existing SFD)
|
Attached ADU
(addition to residence)
|
Attached Multiple Family ADUs per State Law
| |
|
Minimum Unit Size
|
150 square feet
|
Determined based on compliance with building and health and
safety codes
| ||
|
Unit Size Maximum
|
500 square feet
|
No greater than 850 square feet for an efficiency or one bedroom;
For two or more bedrooms: No greater than 1,000 square feet.
|
No more than 800 square feet.
| |
|
ADU/JADU Height Limit
|
Not applicable, except height limit of the underlying zone would
apply if Constructed in Conjunction with New single-family residence
|
Not applicable, Except height limit of residential zone would
apply if constructed in conjunction with new single-family residence
|
An ADU that is Attached to the primary dwelling may not exceed
25 feet in height or the height limitation imposed by the underlying
zone that applies to the primary dwelling, whichever is lower, and
may not exceed two stories.
|
An ADU that is attached to the primary dwelling may not exceed
25 feet in height or the height limitation imposed by the underlying
zone that applies to the primary dwelling, whichever is lower, and
may not exceed two stories.
|
|
Front Setback
|
Not applicable; JADU must be within walls of primary dwelling
unit
|
Front setback standard of the underlying zone applies.5
| ||
|
ADU/JADU Min. Side and Rear Yard Setbacks
|
Not applicable, Setbacks of the underlying zone would apply
if constructed in conjunction with new single-family residence
|
Not applicable, setbacks of the underlying zone would apply
if constructed in conjunction with new single-family residence
|
An attached ADU shall meet the requirements of the underlying
zone, except that if the attached ADU is 800 square feet or less and
no taller than 16 feet, the side setbacks may be 4 feet.
|
4 feet for ADU portion if new building or addition
|
|
Corner (Street side setback)
|
Not applicable, except setbacks of the underlying zone would
apply if constructed in conjunction with a new single-family residence
|
Not applicable, except setbacks would apply if constructed in
conjunction with new single-family residence
|
10 feet2
|
10 feet2
|
|
Parking
|
Parking is not required for a JADU constructed within the existing area of the primary dwelling, but may be required if the garage is converted to a JADU subject to the requirements in subsection F of this section.
|
See parking requirements under subsection F of this section.
| ||
|
Notes:
| ||||
|---|---|---|---|---|
|
1.
|
Front setback requirements cannot be used to prohibit the construction
of an ADU, where there is no other alternative to allow for the construction
of an 800-square-foot ADU that meets height limits and complies with
four-foot side and rear setbacks.
| |||
|
2.
|
The setback may be as little as four feet if necessary to accommodate
an ADU that satisfies the state's requirements. If the required
setback is less than 10 feet, then the height of the ADU may not be
more than 16 feet.
| |||
F.
Parking Requirements.
1.
Parking requirements, consistent with Chapter 9.11 of this title:
a.
Unless the JADU or ADU is exempt from parking requirements as
described in subsection (F)(2), one parking space is required per
accessory dwelling unit or per bedroom of an accessory dwelling unit,
whichever is less, and may be provided through tandem parking on a
driveway unless specific findings are made that parking in setback
areas or tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions.
b.
Parking is allowed in rear and side setback areas, and in a
paved driveway in the front setback area if parking in the rear and
side setback areas is not possible, provided that all other development
standards are satisfied including minimum front yard landscaping standards.
c.
When a garage, carport, or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit,
the off-street parking spaces will not be required to be replaced.
2.
Parking Exemptions. Additional parking spaces are not required for
ADUs, nor for JADUs in any of the instances listed in subsections
(F)(2)(a) through (e) below. Further, JADUs within the living area
of the primary dwelling unit are exempt from all parking requirements,
but the standards in subsection (F)(1) would apply if a garage is
converted to a JADU.
a.
The ADU is located within one-half mile of a public transportation
stop along a prescribed route according to a fixed schedule; or
b.
The ADU is located within one block of a car share parking spot;
or
c.
The ADU is located in a historic district listed in or formally
determined eligible for listing in the National Register of Historic
Places and the California Register of Historical Resources or as a
city historic preservation overlay zone; or
d.
When on-street parking permits are required but not offered
to the occupant of the accessory dwelling unit; or
e.
The accessory dwelling unit is part of the existing dwelling
unit or an existing accessory structure.
G.
JADU Requirements. As specified in state law, there are specific
requirements that apply only to junior accessory dwelling units. The
development standards for JADUs are summarized in Table 2. The standards
and requirements for JADUs are as follows:
1.
JADUs must be constructed entirely within the walls of the primary
structure and have their own entrance.
2.
The JADU cannot exceed 500 square feet.
3.
JADUs are limited to one per residential lot if a single-family residence
is already constructed on a lot.
4.
The owner must record a deed restriction stating that the JADU cannot
be sold separately from the single-family residence.
5.
The owner shall execute a covenant and agreement in a form acceptable
to the city to document that either the primary dwelling unit or accessory
dwelling unit will be owner occupied.
6.
The JADU must include an efficiency kitchen which includes a sink,
cooking appliance, counter surface, and storage cabinets that meet
minimum building code standards; no gas or 220V circuits are allowed.
7.
The JADU may share a bath with the primary residence or may have
its own bath.
8.
An interior entry into the single-family residence is not required,
unless JADU shares a bathroom with the primary dwelling. In this instance,
the JADU is required to have an interior entry to the primary dwelling's
"main living area," independent of the exterior entrances of the JADU
and primary dwelling.
9.
The JADU is to be considered part of the single-family residence
for purposes of fire and life protection ordinances and regulations,
such as sprinklers and smoke alarms.
10.
Additional parking may only be required if a garage is converted into a JADU as described in subsection F above.
11.
Water, sewer and power connection fees may not be required.
H.
Fees. ADUs shall be subject to all development fees specified by
city ordinances or resolutions for ADUs. Impact fees may not be imposed
on JADUs and ADUs smaller than 750 square feet. For ADUs greater than
750 square feet, local agencies must assess an impact fee that correlates
to square footage of primary residence. ADUs shall not be considered
new residential uses for purpose of calculating utility connection
fees or capacity charges, including water or sewer service.
I.
Enforcement. Upon application and approval, the city must delay enforcement
against a qualifying substandard ADU for five years to allow the owner
to address the violation, so long as the violation is not a health
and safety issue, as determined by the community development department.
J.
ADUs may be sold or otherwise conveyed separately from the primary
dwelling if it is owned by a qualified nonprofit corporation whose
mission is to provide units to low income households and that they
complete a deed restricted sale consistent with state law (Government
Code Section 66341).
K.
An accessory dwelling unit created pursuant to this municipal code
section shall only be rented for a period of longer than 30 days as
specified in state law.
(Ord. 359, 1992; Ord. 428 § 1.2, 1994; Ord. 475 § 1.4, 1995; Ord. 817 § 3.3, 2010; Ord. 912 § 20, 2016; Ord. 928 § 5, 2018; Ord. 984 § 3, 2022; Ord.
999 § 7, 2023; Ord. 1013, 6/25/2024)
A.
Purpose
and Intent. The purpose of this section is to ensure that self-storage
warehouse operations, commonly known as "mini-warehouses," do not
result in an adverse impact on adjacent properties by reason of parking
demand, traffic generation, fire or safety hazard, visual blight or
use indirectly supportive of illegal or criminal activity. It is further
the intent of this section to ensure protection to surrounding properties
and their values through consideration of physical treatment, aesthetics
and compatibility with the surrounding properties.
B.
Applicability.
Each self-storage warehouse shall be subject to the property development
requirements for the district in which it is to be located, and the
special standards listed below. The provisions of this section shall
apply to all new self-storage warehouse uses and to all self-storage
warehouses existing on the effective date of the ordinance codified
in this chapter at such time as the business files for any city building
or discretionary city permit for expanding or enlarging the use.
C.
Compatibility.
Self-storage warehouses (indoor or outdoor) require a conditional
use permit in the community commercial zone to ensure that the self-storage
warehouse is compatible with surrounding properties, and with development
on major arterials.
1.
Self-storage warehouses shall not be designed to front on major arterials, except in locations where enforcement of this requirement creates the potential for negative impacts to the health, safety and welfare of the community, in which case the findings for a variance, as provided for in Municipal Code Section 9.02.100(D), must be made to support the exception.
2.
The design of commercial use or other allowed uses within the underlying zoning shall provide screening of the self-storage warehouse, except in locations where enforcement of this requirement creates the potential for negative impacts to the health, safety and welfare of the community, in which case the findings for a variance, as provided for in Municipal Code Section 9.02.100(D), must be made to support the exception. Enhanced landscape shall be required to provide appropriate screening.
D.
Minimum
Development Standards.
1.
No
business activity shall be conducted other than the rental of storage
spaces for inactive storage use.
2.
All
storage, except vehicle storage, shall be fully enclosed within a
building or buildings.
3.
No
flammable or otherwise hazardous materials shall be stored on site.
4.
A
decorative masonry wall, at least six feet high, shall be required
adjacent to any residential district. The height, placement and design
of such wall shall be considered on a site-specific basis considering
the need for security and screening.
5.
Notwithstanding
the setback requirements of the district in which the facility is
located, one-story structures associated with self-storage warehouse
facilities may be constructed on the interior side or rear property
line.
(Ord. 359, 1992; Ord. 488 §§ 1.8, 1.9, 1996; Ord. 497 § 1.5, 1996; Ord. 693 § 2 (Exh. A), 2005; Ord. 789 § 2, 2009)
A.
Purpose
and Intent. The purpose and intent of this chapter is to provide for
development of senior citizen housing pursuant to standards which
reflect the unique character of senior citizen residential occupancy.
B.
Applicability.
Senior housing shall be subject to the property development requirements
of the underlying district and subject to all applicable local, state
and federal laws, including the requirements of this section.
C.
Property
Development Standards. Development standards shall be flexible to
ensure efficient site planning and neighborhood compatibility and
to reflect the unique requirements of persons over the age of 55.
1.
A
senior citizen housing development must have a minimum of 20 dwelling
units.
2.
The
number of dwelling units may exceed that which is permitted in the
underlying district by up to 100%, or as otherwise approved by the
planning commission, provided the conditions of approval include the
following requirements:
a.
Commitment to the ongoing use of the facility as senior citizen housing;
b.
Identification of amenities and assurances of their ongoing availability;
c.
Identification of facility operator; and
d.
Other requirements as deemed necessary to protect and preserve the
health, safety and welfare of the occupants and the community.
3.
There
is no requirement for the affordability of the units for very low,
low or moderate income households for a senior citizen housing development
to qualify for the above density bonus.
4.
Each
dwelling unit shall consist of individual rooms that contain a full
bathroom and may contain small, efficiency kitchens. Any common kitchen,
dining, and living space, and recreational facilities must be adequate
to serve all residents.
5.
The
units provided shall not be less than 415 square feet in floor area
for efficiency units, and 540 square feet for one-bedroom units, or
as otherwise approved by the planning commission.
|
Minimum Unit Size for Senior Citizen Housing Developments
| ||
|---|---|---|
|
Unit Size
|
Common Dining
| |
|
With
|
Without
| |
|
Studio
|
360 sf
|
450 sf
|
|
One-bedroom
|
500 sf
|
600 sf
|
|
Two-bedroom
|
700 sf
|
800 sf
|
6.
Adequate
external lighting shall be provided for security purposes. The lighting
shall be stationary, directed away from adjacent properties and public
right-of-way, and compatible with the residential neighborhood.
7.
The
development shall provide laundry facilities adequate for the number
of residents.
8.
A
senior housing development is required to have one or more of the
following specific common facilities for the exclusive use of the
resident senior citizens:
9.
The
use will be so located as to provide residents easy access to community
services such as transportation, shopping, and other daily services.
Where appropriate, there should also be provided a generous amount
of activity facilities (both indoors and outdoors) for residents.
10.
On-site landscaping shall be installed and maintained consistent
with the underlying district.
11.
Senior housing projects in the office (O) and office commercial (CO)
districts shall be subject to the residential 15 (R15) development
standards.
12.
Parking garages, surface parking, and private and common areas located
outside the building shall be designed to protect the security of
residents, guests and employees by controlling access to the facilities
by other persons.
13.
Outdoor Living Area. Any project containing four or more private
living quarters shall provide the following minimum open space: 100
square feet per living quarter for projects with four or five private
living quarters, and 50 square feet per living quarter for projects
of six private living quarters or more. Affordable housing projects
may substitute one square foot of common open space for each square
foot of required private open space.
14.
Congregate care senior citizen housing projects, which by their design appeal to age categories significantly older than age 55, may request reduced parking requirements if it can be demonstrated that less demand will be generated with approval of a parking study pursuant to Section 9.11.070(A).
E.
"Congregate care senior citizen housing"
"Senior citizen housing"
"Senior citizen housing development"
Definitions.
For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
means senior citizen housing which provides meal service
at a central dining facility but does not provide 24 hour services
or supervision.
is defined as attached residential development designed for,
and restricted to, persons or couples of which one member is age 55
or older, as specified in California Civil Code Sections 51.11 and
51.12. These residences are intended entirely for independent living,
and do not require support services such as common dining facilities
or medical care.
means a residential development developed with more than
20 units as a senior community by its developer and zoned as a senior
community by a local governmental entity, or characterized as a senior
community in its governing documents, as these are defined in Section
4150, or qualified as a senior community under the Federal Fair Housing
Amendments Act of 1988, as amended.
(Ord. 359, 1992; Ord. 398 § 1.9, 1993; Ord. 488 § 1.10, 1996; Ord. 999 § 8, 2023)
A.
Purpose
and Intent. Residential care homes and facilities provide a cost-effective,
supportive, and non-institutional environment for state-licensed operations.
In order to protect the public health, safety, and welfare, to preserve
and protect the integrity of residential neighborhoods, and to ensure
this code does not act as a disincentive to or unreasonably restrict
the development of residential care homes, including, but not limited
to, group homes, elderly care facilities, adult residential facilities,
disabled care facilities, foster homes, juvenile court residential
facilities for abused or neglected children, and other facilities
licensed by the state, residential care facilities shall be allowed
and developed in accordance with the standards set forth in this section.
B.
Applicability.
The purpose of this section is to establish standards for review of
residential care homes and facilities, including those providing housing
and supportive services for disabled individuals and households, in
compliance with state law. This section shall be interpreted and applied
consistent with the policies and guidelines of the general plan housing
element, the requirements of the California Government Code, including,
but not limited to, Section 65580 et seq., and the requirements of
the California Health and Safety Code Section 1500 et seq.
1.
As
used in this section, "juvenile court residential facilities" do not
include any juvenile placement facility approved by the Department
of Corrections and Rehabilitation, Division of Juvenile Justice, any
juvenile hall operated by a county, or any place in which a juvenile
is judicially placed pursuant to California Welfare and Institutions
Code Section 727(a).
2.
As used in this section, "residential care facilities" do not include and this section does not apply to any independent living arrangement, transitional housing, or supportive housing. For transitional housing or supportive housing, the requirements of Section 9.09.310 (Supportive and transitional housing) shall apply.
C.
Property
Development Standards. The following standards shall apply to residential
care facilities:
1.
Residential
care facilities shall be considered a residential use of property,
and, except as otherwise set forth in this section, shall be subject
only to those restrictions and standards that apply to other residential
dwellings of the same type in the same zoning district.
2.
A
residential care facility that serves six or fewer persons shall not
be included within the definition of a boarding house, rooming house,
institution, or home for the care of minors, the aged, or persons
with mental health disorders, foster care home, guest home, rest home,
community residence, or other similar terms that imply that the residential
facility is a business run for profit or differs in any other way
from a family dwelling.
3.
Residential
care facilities that serve six or fewer persons are allowed in all
residential zoning districts a permitted use without a conditional
use or other discretionary permit.
4.
Any
sized residential care facility shall not be located in an accessory
dwelling unit (ADU), unless the primary dwelling unit is used for
the same purpose.
5.
The
group home has six or fewer occupants, not counting a house manager,
but in no event shall it have more than seven occupants. If the dwelling
unit has an accessory dwelling unit (ADU), occupants of both units
will be combined to determine whether or not the limit of six occupants
has been exceeded.
6.
Residential care facilities for more than six residents shall be permitted in any residential district subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state, and federal laws, including the standards in subsection C of this section.
7.
Residential
care facilities for more than six residents has a minimum distance
requirement of 300 feet from any other residential care facility as
specified by State Health and Safety Code Section 1267.9(b).
8.
Density
shall be in accordance with the requirements of the district within
which the facility is located.
9.
Parking shall be provided based upon demonstrated need but shall not require more parking than required for other residential uses within the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of Chapter 9.11 shall also apply.
10.
Fences or walls may be required to ensure privacy and neighborhood
compatibility.
11.
Such other conditions and standards necessary to preserve and safeguard
the public health, safety or welfare of the occupants and the community
may be imposed.
D.
"Residential facility"
Definitions.
For the purpose of this section, the following definition shall apply
unless the context clearly indicates or requires a different meaning;
means any family home, group care facility, or similar facility
that is maintained and operated to provide 24 hour nonmedical care
of persons in need of personal services, supervision, or assistance
essential for sustaining the activities of daily living or for the
protection of the individual.
(Ord. 359, 1992; Ord. 999 § 9, 2023)
A.
Purpose
and Intent. The purpose of this section is to permit emergency shelters
and to ensure that they do not adversely impact adjacent properties
and surrounding neighborhoods consistent with the goals, objectives
and policies of the general plan.
B.
Applicability.
Emergency shelters shall be permitted in the mixed-use zones/corridors:
downtown center (DC), corridor mixed-use (COMU), and center mixed-use
(CEMU) without a conditional use permit or other discretionary action.
Emergency shelters in the community commercial (CC), office commercial (OC), office (O), public (P), and business park-mixed use (BPX) zoning districts as well as the following mixed-use zones/corridors: highway/office commercial (H/OC) are subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state and federal laws, including the standards in subsection D of this section.
C.
Any
additional requirements imposed by the State Department of Housing
and Community Development through its oversight.
D.
Additional development standards, which shall take precedence should they be in conflict with those found in Sections 9.04.040 and 9.05.040:
1.
The
maximum number of clients permitted to be served (eating, showering,
and/or sleeping) nightly shall not exceed one per 125 square feet
of floor area;
2.
Sufficient
parking to accommodate all staff working in the emergency shelter,
provided that the standards do not require more parking for emergency
shelters than other residential or commercial uses within the same
zone;
3.
The
interior intake waiting area for a facility shall include a minimum
of 10 square feet per bed;
4.
The
exterior intake waiting area shall be screened from public and/or
private view by a six-foot block wall and landscaping;
5.
A
storage area shall be provided at a rate of five square feet for each
bed. Such storage area need not be provided adjacent to client sleeping
area;
6.
At
least one toilet and one shower shall be provided for each 15 beds;
7.
No
portion of any emergency homeless shelter shall be located within
300 feet of another emergency homeless shelter that is currently built,
or that is approved to be built;
8.
No
portion of an emergency homeless shelter shall be located within 500
feet of property zoned for residential use;
9.
No
portion of an emergency homeless shelter shall be located within one-quarter
mile of a "soup kitchen" or other similar congregate meal facility,
measured property line to property line; and
(Ord. 869 § 3.2, 2013; Ord. 999 § 10, 2023)
A.
Purpose
and Intent. The purpose of this section is to permit employee housing
and to ensure that it does not adversely impact adjacent properties
and surrounding neighborhoods consistent with the goals, objectives
and policies of the general plan.
B.
Applicability.
Every person, or agent or officer thereof, constructing, operating,
or maintaining employee housing shall comply with the requirements
of this section and all applicable health, safety and building codes
and standards.
1.
Employee
housing provided by the employer and maintained in connection with
the work or place where work is being performed must comply with all
provisions of Section 17008(a) of the California Health and Safety
Code.
2.
Employee
housing not maintained in connection with any workplace and provided
by someone other than an agricultural employer must comply with all
provisions of Section 17008(b) of the California Health and Safety
Code.
3.
Employee
housing for six or fewer employees shall be treated as a single-family
structure and permitted in the same manner as other dwellings of the
same type in the same zone (California Health and Safety Code Section
17021.5).
4.
Employee
housing consisting of no more than 12 units or 36 beds is permitted
in the same manner as other agricultural uses in the residential 1
(R1) and residential agriculture 2 (RA2) zoning districts (California
Health and Safety Code Section 17021.6).
C.
"Employee housing"
"Farmworker housing"
Definitions.
For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
shall have the same meaning ascribed in Health and Safety
Code Section 17008.
has the same meaning as "employee housing" as set forth in
California Health and Safety Code Section 17008(a) for agricultural
employees.
(Ord. 869 § 3.5, 2013; Ord. 999 § 11, 2023)
A.
Purpose
and Intent. The purpose of this section is to permit single room occupancy
(SRO) facilities and to ensure that they do not adversely impact adjacent
properties and surrounding neighborhoods consistent with the goals,
objectives and policies of the general plan.
B.
Applicability. Single room occupancy (SRO) facilities shall be permitted in the community commercial (CC) zoning district and are subject to the property development standards of the underlying district, and all applicable local, state and federal laws, including the standards in subsection D of this section.
Single room occupancy (SRO) facilities shall be permitted in the mixed use overlay and residential 30 (R30) districts subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state and federal laws, including the standards in subsection D of this section.
C.
Tenant
Occupancy and Income Restrictions.
1.
Length
of Tenancy. Rental units shall be established for weekly and monthly
tenancies only. Deposit requirements shall be specified for each type
of tenancy.
2.
Tenant
Income Restrictions. SRO developments shall be restricted to low and
very low-income individuals as defined by the general plan housing
element. This restriction shall not apply to an SRO project's 24 hour
resident manager.
D.
Property
Development Standards. The following standards shall apply to single
room occupancy (SRO) facilities:
1.
A
single room occupancy facility shall have only one ingress/egress
for residents, except for required emergency exit(s).
2.
Each
single room occupancy unit shall contain a minimum of 220 square feet,
including a minimum 10 square feet of storage space.
3.
Each
single room occupancy unit shall contain a bathroom consisting of,
at a minimum, one commode, one lavatory and one shower.
4.
Each
single room occupancy unit shall contain kitchen facilities consisting
of, at a minimum, a microwave oven, a sink and a refrigerator. If
stoves are not provided in each unit, then stoves shall be provided
in a common kitchen area accessible to the entire SRO project.
5.
Off-street
parking must be provided at a rate of one space per three rooming
units plus one space per two employees on the largest shift, but not
less than two spaces plus one space per vehicle used in the operation
of the SRO.
6.
Each
single room occupancy facility shall provide one-half secure bicycle
parking facilities for each unit. Any partial spaces in this calculation
shall be rounded up to the next whole facility.
7.
SRO
projects shall have at least 10 square feet of common usable open
space per unit; however, no SRO project shall provide less than 200
square feet of common outdoor open space and 200 square feet of common
indoor open space. Maintenance areas, laundry facilities, storage
(including bicycle storage), and common hallways shall not be included
as usable indoor common space. Landscape areas that are less than
eight feet wide shall not be included as outdoor common space.
8.
Laundry
facilities that have a minimum of two washers and two dryers must
be provided in a separate room. Additional washers and dryers must
be provided for any development that has more than 20 units at the
ratio of one washer and one dryer for every additional 20 units.
9.
Twenty-four
hour on-site management must be provided at an SRO with seven or more
units and shall include a dwelling unit designated for the manager.
10.
All SRO projects must have a management plan approved by the city
of Moreno Valley planning director. The management plan shall contain
management policies, maintenance plans, rental procedures, tenant
rules, and security procedures.
11.
A mailbox shall be provided for each SRO unit.
12.
Each SRO project shall provide a centralized trash area.
(Ord. 869 § 3.8, 2013)
A.
Purpose
and Intent. This section shall apply to service stations, mini-markets
and any combination of uses which dispense fuel for retail sales.
The purpose of these standards is to ensure that service stations
do not result in an adverse impact on adjacent land uses, especially
residential uses. While service stations are needed by residents,
visitors and employees in the city, the traffic, glare and uses associated
with service stations, particularly those open during late night hours
or 24 hours per day may be incompatible with nearby uses, particularly
residential uses. Mini-markets in service stations may cause greater
impacts because they are more likely to serve people passing through
the city from other communities than nearby residents, and they tend
to attract a higher incidence of crime. Therefore, in the interest
of protecting the health, safety and general welfare of the city and
its residents, special regulations are imposed on service stations,
consistent with and to implement the goals, objectives and policies
of the general plan.
B.
Applicability.
All service stations shall comply with the property development requirements
for the districts in which they are located, and with the standards
and provisions in this section. The provisions of this section shall
apply:
C.
Minimum
Development Standards.
1.
Each
parcel shall have a minimum street frontage of 150 feet on each abutting
street.
2.
No
building or structure shall be located within 20 feet from any public
right-of-way, or within five feet of any interior parcel line.
3.
Service
stations, convenience stores which provide fuel-pumping services and
any other facilities which provide fuel-pumping services to the general
public shall orient all fuel pump islands to be parallel to each other
and shall be designed to minimize traffic conflicts. Nonparallel or
"L" shaped fuel pump island configurations are not permitted.
4.
If
a reverse orientation for the building is selected, rear building
elevations shall have architectural details consistent with the overall
design theme.
5.
In
all cases, service bays shall be accessed from the interior of the
site.
6.
Gasoline
pumps shall be at least 20 feet from any property line.
7.
Canopies
shall be at least 10 feet from any property line and architecturally
compatible with the main structure.
8.
Service
stations shall be integrated with adjacent commercial properties through
the use of compatible materials, textures, colors, landscaping treatment
and access.
9.
Service
stations shall be separated from adjacent residential property by
a decorative masonry wall of not less than six feet in height. Materials,
textures, colors and design of all walls shall be compatible with
on-site development and adjacent properties. No wall required to be
erected and maintained by the provisions of this section shall be
constructed within five feet of a driveway entrance or vehicle access
way opening onto a street or alley which would obstruct a cross view
of pedestrians on the sidewalk, alley or elsewhere by motorists entering
or exiting the parcel.
10.
a.
The right-of-way, plus 10 feet of the site, is landscaped, as well
as a planting strip at least five feet wide along all interior parcel
lines, except driveways, and adjacent to buildings. Parcels abutting
residential districts are subject to Section 9.04.040(B)(1) of this
title. Planters are surrounded by masonry or concrete curbs, and so
arranged as to preclude motor vehicles from driving across the sidewalk
at locations other than access driveways.
b.
A minimum of 150 square feet of landscaped area is provided at the
intersection of two property lines at the street corner.
11.
Not more than one driveway with a maximum width of 40 feet shall
be permitted on any one street frontage and shall comply with City
Standard Plan 118C. Fifty feet queue storage shall be provided. Driveways
shall be located per Table 9.16.250A of the Municipal Code. Any deviation
from the above standard requires the approval of the city traffic
engineer.
12.
All lubrication bays and wash racks shall be located within a fully
enclosed building. Access to the service bays and wash racks shall
not be located within 50 feet of a residentially zoned property, and
shall be oriented away from public rights-of-way.
13.
Each service station shall provide air and water to customers without
charge and at a convenient location during hours when gasoline is
dispensed.
14.
Each service station shall provide a men's and a women's public restroom
which are accessible, from the interior of the business only, to the
general public and physically disabled during all hours the service
station is open to the public. Entrances or signage shall be clearly
visible from the gasoline service area or cashier station, and shall
be maintained on a regular basis.
15.
Coin-operated vending machines may be permitted within a structure
for the purpose of dispensing items commonly found in service stations,
such as refreshments and maps.
16.
Coin-operated vending machines are not permitted outdoors, unless
approved by the community development director.
18.
Trash areas shall be provided and screened on at least three sides
from public view by a solid decorative wall not less than five feet
in height.
a.
All trash shall be deposited in the trash area and the gates leading
thereto shall be maintained in working order and shall remain closed,
except when in use.
b.
Refuse bins shall be provided and placed in a location convenient
for customers.
c.
Trash areas shall not be used for storage. The premises shall be
kept in a neat and orderly condition at all times and all improvements
shall be maintained in a condition of reasonable repair and appearance.
No used or discarded automotive parts or equipment, or inoperable
vehicles may be stored outside of the main building.
19.
The service station shall at all times be operated in a manner not
detrimental to surrounding properties or residents. Site activities
shall not produce or be reasonably anticipated to produce any of the
following:
20.
Service stations/mini-markets selling alcoholic beverages shall conspicuously
post the premises with signs prohibiting the consumption of alcoholic
beverages on-site.
21.
The above standards shall be considered minimum standards. The appropriate
approval authority may alter standards when necessary to adequately
protect adjacent uses in cases where extraordinary site conditions
exist.
D.
Accessory
Uses. Accessory uses may include the following:
1.
Vehicle
washing and lubricating services;
2.
The
sale and servicing of tires, batteries, replacement items and other
automotive accessories;
3.
Minor
automotive repair;
4.
Towing
service limited to two trucks; and
5.
Other
uses, as determined by the community development director to be similar
to or not more detrimental than those listed above.
|
Major automotive and light truck repair is not considered an
accessory use.
|
E.
Abandoned
or Converted Service Stations. Where service stations become vacant
or cease operation beyond 180 days, the conditional use permit shall
be deemed null and void and the owner shall be required to remove:
all underground storage tanks; all gasoline pumps and pump islands;
and shall remove freestanding canopies.
F.
Converted
Service Stations. The conversion of buildings and structures which
were originally designed as a gasoline service station and which are
proposed to be used for another use shall be subject to a conditional
use permit. The conversion of the facilities to another use may require
upgrading and remodeling for such things as, but not limited to, removal
of all gasoline appurtenances, removal of canopies, removal of pump
islands, removal of overhead doors, additional landscaping, dedicating
and installing necessary street improvements or modification of existing
improvements to conform to applicable standards.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 488 § 1.11, 1996; Ord. 616 § 2.2.19, 2003; Ord. 694 § 1.1, 2005; Ord. 808 § 2.4, 2010; Ord. 869 § 3.10, 2013)
A.
Purpose
and Intent. The purpose of this section is to permit sidewalk cafés
that enhance the pedestrian ambiance of the city and to ensure that
they do not adversely impact adjacent properties and surrounding neighborhoods
consistent with the goals, objectives and policies of the general
plan.
B.
Applicability.
Sidewalk cafés may be permitted in all districts which permit
eating and drinking establishments. Each sidewalk cafe shall comply
with the property development standards and approvals required for
the district in which it is to be located and with the minimum development
standards set forth below.
C.
Minimum
Development Requirements. The following minimum development standards
shall apply to sidewalk cafés:
1.
The
sidewalk café may be conducted as an independent restaurant
or as an accessory use to a legally established or permitted restaurant
or other eating and drinking establishment.
2.
Awnings,
umbrellas or trellis structures may be used in conjunction with a
sidewalk café.
3.
When
conducted as an accessory use, the hours of operation of the sidewalk
café shall be limited to the hours of operation of the associated
restaurant or other eating and drinking establishment.
4.
Sidewalk
cafés are required to insure that the area is kept neat and
clean and that all trash and debris are properly disposed of and not
allowed to accumulate or be dispersed onto surrounding properties
or rights-of-way.
(Ord. 359, 1992; Ord. 869 § 3.10, 2013)
A.
Purpose
and Intent. The purpose of this section is to permit design flexibility
for the construction of swimming pools, spas and recreational courts
within residential, hillside and open space districts while being
sensitive to and consistent with the predominant character of the
area.
B.
Applicability.
Swimming pools, spas and recreational courts shall be subject to minor
development review, the property development standards of the underlying
district and the standards in this section.
C.
Swimming
Pools and Spas. The following standards shall apply to swimming pools
and spas.
1.
Swimming
pools and spas shall maintain a minimum five-foot setback from property
line to the water line. Pool appurtenances greater than five feet
in height shall be subject to the setback requirements of the underlying
district.
2.
Swimming
pool equipment and self-contained or portable spas which incorporate
the pump or blower assembly shall maintain a minimum setback of five
feet from any rear or side property line. Pool equipment may be located
closer than five feet from any rear or side property line if the equipment
is screened from view from public rights-of-way and an unobstructed
path at least three feet wide is provided along the side of the residence.
3.
Swimming
pool equipment shall be operated in accordance with Section 9.03.040(E)(7).
D.
Recreational
Courts. The following standards shall apply to recreational courts:
1.
Recreational
courts and recreational court fencing which exceeds six feet in height
shall be set back a minimum of 10 feet from side and rear property
lines.
2.
The
maximum height of fences enclosing recreational courts shall be 10
feet.
3.
A
maximum of eight lights may be permitted, and may not exceed a height
of 22 feet.
4.
All
lighting shall be certified by a qualified professional engineer to
be designed, constructed, mounted and maintained so that the light
source is shielded when viewed from any point outside of the parcel
at the lot line.
5.
All
lighting shall be used only between the hours of seven a.m. and ten
p.m.
6.
The
surface of any recreational court shall be designed, and painted,
colored or treated to reduce reflection from any lighting thereon.
7.
The
above standards shall be considered minimum standards. The appropriate
approval authority may alter standards when necessary to protect adjacent
uses in cases where extraordinary site conditions exist.
(Ord. 359, 1992; Ord. 528 § 1.6, 1997; Ord. 869 § 3.10, 2013; Ord. 912 § 10, 2016)
A.
Intent
and Purpose. The intent and purpose of this section is to establish
standards for the development of mobile home parks in a manner that
will be compatible with the general plan and surrounding uses.
B.
Applicability. Mobile home parks shall be permitted as noted in Section 9.02.020. Mobile home parks shall be subject to the requirements of the underlying district in which it is located and the development standards identified in this section.
C.
Development
Standards.
1.
A
mobile home park must conform to standards and maintain a valid permit
in accordance with state laws and regulations, including provisions
of the Mobile Home Parks Act, California Health and Safety Code, Division
13, Part 2.1 and the applicable regulations adopted pursuant thereto
by the State Department of Housing and Community Development.
2.
Recreational
vehicles, campers and trailers shall not be used as dwelling units
within a mobile home park.
3.
A
mobile home park shall encompass an area of at least five acres.
4.
The
density (dwelling units/acre) of a mobile home park shall be subject
to the density standards designated in the general plan.
5.
A
mobile home park shall provide recreational facilities for the benefit
of the residents of the mobile home park.
(Ord. 359, 1992; Ord. 869 § 3.10, 2013)
A.
Purpose
and Intent. The purpose of this section is to permit wind energy systems
in ways that mitigate the potential aesthetic, acoustical and safety
impacts on the community.
B.
Applicability.
This section applies to wind energy systems used to produce electricity
or power mechanical equipment. Wind energy systems include supporting
towers and any associated components, including, but not limited to,
turbines, blade systems and electrical equipment.
C.
Development
Requirements. Wind energy systems shall be installed, modified and
maintained in accordance with the following provisions:
1.
The
height of a wind energy system tower shall be measured from the ground
level to the top of the fixed portion of the tower, excluding any
wind turbine and associated vanes and blades.
2.
The
minimum building setback for wind energy system towers shall be equal
to the height of the system and not less than any setback required
by the applicable fire and building codes.
3.
Wind energy systems shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.1) of Part 77 of Title 14 of the Code of Federal Regulations and the State Aeronautics Act (Part I commencing with Section 21001 of Division 9 of the Public Utilities Code).
4.
The
color, finish and design of any wind energy system shall be non-reflective
and as inconspicuous as practical. Guy wire support systems are prohibited.
5.
No
lights, signs or graphics shall be placed on any wind energy system
other than warning lights and signs needed for public safety or otherwise
required by law.
6.
No
wind energy system shall be placed within 1,000 feet of the ultimate
right-of-way of a general plan scenic corridor.
7.
This
paragraph 7 shall become inoperative on July 1, 2005, pursuant to
Section 65892.13 of the Government Code, unless a state statute is
enacted to delete or extend that date.
a.
Wind energy systems in non-urbanized areas.
i.
A non-urbanized area, as used in this section, means an area not
within a central city or cities and surrounding closely settled territory,
as defined by the United States Department of Commerce Bureau of the
Census in the Federal Register, Volume 39, Number 85, for Wednesday,
May 1, 1974, at pages 15202 and 15203, and as periodically updated.
ii.
The wind energy system's turbine must have been approved by the California
Energy Commission as qualifying under the Emerging Renewables Fund
of the Commission's Renewables Investment Plan or certified by a national
program recognized and approved by the Energy Commission.
iii.
In nonurbanized areas, wind energy tower heights on lots between
one and five acres shall not exceed 65 feet and tower heights shall
not exceed 80 feet on lots of more than five acres, provided that
the height does not exceed the height recommended by the manufacturer
or distributor of the system.
iv.
Each wind energy system shall comply with any applicable fire setback
requirements pursuant to Section 4290 of the Public Resources Code
and no wind energy system shall be placed closer from any property
line than the height of the system.
v.
Decibel levels for any wind energy system in nonurbanized areas shall
not exceed the lesser of 60 decibels or any existing maximum noise
level applied pursuant to the general plan for the applicable zoning
classification, as measured from the closest neighboring inhabited
dwelling, except during short-term events such as utility outages
and severe windstorms.
vi.
In nonurbanized areas, installation of wind energy systems of not
more than 65 feet in height shall be subject to approval of an administrative
plot plan and wind energy systems greater than 65 feet in height shall
be subject to approval of a conditional use permit. Notice of an application
to install a wind energy system shall be provided to property owners
within 300 feet of the property on which the system is proposed to
be located.
vii.
The application for a wind energy system in a nonurbanized area shall
include standard drawings and an engineering analysis of the system's
tower, showing compliance with the International Building Code or
the California Building Standards Code and certification by a professional
mechanical, structural, or civil engineer licensed by the state of
California. However, a wet stamp shall not be required, provided that
the application demonstrates that the system is designed to meet the
most stringent wind requirements (Uniform Building Code wind exposure
D), the requirements for the worst seismic class (Seismic 4) and the
weakest soil class, with a soil strength of not more than 1,000 pounds
per square foot, or other relevant conditions normally required by
the city.
viii.
The application for a wind energy system in a nonurbanized area
shall include a line drawing of the electrical components of the system
in sufficient detail to allow for a determination that the manner
of installation conforms to the National Electrical Code.
b.
Wind Energy Systems in Urbanized Areas.
i.
An urbanized area, as used in this section, means a central city
or cities and surrounding closely settled territory, as defined by
the United States Department of Commerce Bureau of the Census in the
Federal Register, Volume 39, Number 85, for Wednesday, May 1, 1974,
at pages 15202 and 15203, and as periodically updated.
ii.
Wind energy systems in urbanized areas shall only be allowed in industrial
zoning classifications and on parcels that are 40,000 square feet
in area or larger within the following residential zones: Residential
1, Hillside Residential, Rural Residential.
iii.
Each wind energy system shall comply with any applicable fire setback
requirements pursuant to Section 4290 of the Public Resources Code
and no wind energy system shall be placed closer from any property
line than the height of the system.
iv.
Unless located on the ridge of a hill, wind energy system towers
in urbanized areas shall not exceed 45 feet in height. Towers located
on the ridge of a hill shall not exceed 30 feet in height. No tower
shall exceed the height recommended by the manufacturer or distributor
of the system.
v.
Decibel levels for any wind energy system in an urbanized area shall
not exceed 60 decibels measured within any neighboring property, except
during severe windstorms when the decibel level may exceed 60 decibels.
vi.
Installation of a wind energy system in an urbanized area shall be
subject to approval of an administrative plot plan. Notice of an application
to install a wind energy system shall be provided to property owners
within 300 feet of the property on which the system is proposed to
be located.
8.
This
subsection shall only become effective if subsection (C)(7) of this
section becomes inoperative pursuant to Section 65892.13 of the Government
Code.
a.
Wind energy systems shall only be allowed in industrial zoning classifications
and on parcels that are 40,000 square feet in area or larger within
the following residential zones: Residential 1, Hillside Residential
and Rural Residential.
b.
Wind energy towers located on the ridge of a hill shall not exceed
30 feet in height. Towers not located on the ridge of a hill shall
not exceed 45 feet in height. No tower shall exceed the height recommended
by the manufacturer or distributor of the system.
c.
Each wind energy system shall comply with any applicable fire setback
requirements pursuant to Section 4290 of the Public Resources Code
and no wind energy system shall be placed closer from any property
line than the height of the system.
d.
Decibel levels for any wind energy system shall not exceed 60 decibels
measured within any neighboring property, with the exception that
the decibel level may exceed 60 decibels during severe windstorms.
e.
Installation of a wind energy system shall be subject to approval
of an administrative plot plan. Notice of an application to install
a wind energy system shall be provided to property owners within 300
feet of the property on which the system is proposed to be located.
(Ord. 604 § 2.13, 2002; Ord. 759 § 5.2, 2007; Ord. 869 § 3.10, 2013)
A.
Purpose
and Intent. The purpose and intent of this section is to establish
standards for the development of model homes in a manner that will
be compatible with the general plan and surrounding areas, to include
conformance with prevailing building development standards and design
guidelines, the use of xeriscape landscaping with a turfless front
yard for at least one site, and the use of approved landscape materials.
B.
Requirements.
1.
The
model home complex shall be used only for the sale of homes in the
subject tract unless otherwise approved by the community development
director.
2.
All
trap fencing shall be located outside of the public right-of-way.
3.
All
sales areas within living quarters shall be converted to residential
use prior to sale of the model. All sales areas within garage areas
shall be converted to garages and provide a minimum two-car garage
in each model.
4.
A
xeriscape-planting concept with a turfless front yard shall be incorporated
for at least one of the models and as an option for typical front
yards. Information regarding xeriscape-planting concepts shall be
made available for prospective homebuyers.
5.
For
parking lots, walls, screening and other landscape requirements, see
applicable sections of this title.
6.
Model
complex and/or sales trailer/office shall comply with Title 24 requirements
and shall include one handicapped accessible bathroom.
7.
The
parking lot improvements, secondary sidewalks between models, exterior
restroom facilities, and trap fencing shall be removed, and rear and
side yard cross-fencing shall be installed prior to the last release
for occupancy within the tract(s).
(Ord. 643 § 2.4, 2003; Ord. 694 § 1.1, 2005; Ord. 869 § 3.10, 2013)
A.
Purpose
and Intent. The purpose of this section is to identify general design
criteria to provide guidelines for monument signage for city identification,
and create a sense of entry at the city boundaries. The guidelines
are intended to provide for diversity in the appearance and character
of individual monuments.
(Ord. 643 § 2.5, 2003; Ord. 869 § 3.10, 2013)
A.
Purpose.
The purpose and intent of this section is to ensure that indoor malls
do not create adverse effects on the public health, safety and welfare.
B.
Definitions.
For the purposes of this section, the following terms are defined
as follows:
1.
An
indoor mall is a building space (building or structure, or a portion
thereof), in which two or more businesses, excluding office and industrial
businesses, share a common entrance to the building space. The following
shall not be considered to be indoor malls:
a.
A building space in which a primary retail sales business, such as
a supermarket or department store, occupies a minimum of 90% of the
gross floor area of a building space, and shares a common entrance
with one or more secondary businesses that take access through the
sales floor of the primary business (e.g., not from a hallway or lobby
between an exterior entryway and an interior entrance to the primary
business);
b.
A service-related business, such as a beauty salon or real estate
sales business in which independent contractors (e.g., beauticians
or sales agents) provide services from individual chair or desk spaces.
2.
An
indoor mall owner or operator is any person, business or other entity
that owns, controls, operates or manages an indoor mall.
3.
An
indoor mall tenant means any person, business or other entity that
offers goods, merchandise or services for sale, exchange, display
or barter; and owns, leases, rents or otherwise occupies any space
within an indoor mall. An indoor mall tenant includes, but is not
limited to, any entity that is required to have a business license
under the Moreno Valley Municipal Code.
C.
Applicability. Indoor malls, indoor mall owners or operators and indoor mall tenants shall be subject to the provisions of this and other sections of the municipal code, including, but not limited to, Table 9.02.020-1 (Permitted Uses Table) in Section 9.02.020 of this title.
D.
Permits
and Licenses.
1.
No
indoor mall, indoor mall owner or operator, or indoor mall tenant
shall be allowed to operate without first obtaining all necessary
approvals, permits and licenses.
2.
Each
indoor mall shall be subject to review and approval of a conditional
use permit. The indoor mall owner or operator shall be responsible
for applying for and obtaining the conditional use permit for the
indoor mall. Individual uses within an indoor mall may also require
separate conditional use permits in accordance with the municipal
code. Each indoor mall owner or operator and, where applicable, each
indoor mall tenant, shall be responsible for complying with the terms
and conditions of the conditional use permit.
3.
Each
indoor mall owner or operator and each individual indoor mall tenant,
shall obtain and keep current a Moreno Valley business license.
4.
Each
indoor mall owner or operator, and each individual indoor mall tenant,
shall obtain and keep current any and all permits and licenses required
by any federal, state, county or local law or regulation.
E.
Requirements.
1.
Indoor
malls shall comply with all applicable codes, including, but not limited
to, the California Code of Regulations Title 24 for covered malls.
2.
Indoor malls shall comply with the parking requirements in accordance with Chapter 9.11 of this title. The number of required spaces shall be equal to the sum of the parking requirements for each individual use, unless a reduction is granted pursuant to the shared parking provisions of Section 9.11.070 of this title.
3.
The
conditional use permit for an indoor mall may include, but is not
limited to, conditions with respect to design, operation and use,
permitted activities, security, lighting, hours of operation and the
frequency of inspections.
(Ord. 684 § 2, 2005; Ord. 869 § 3.10, 2013)
This section provides operational and compatibility standards for the development of live-work units. These standards are in addition to the standards for live-work development provided in Article II, Mixed-Use Overlay Districts, of Chapter 9.07.
A.
Allowed
Uses.
1.
The nonresidential component of a live-work unit shall only be a nonresidential use allowed within a mixed-use overlay district, except that certain uses are determined to be not appropriate within a residential environment and are therefore prohibited as provided in subsection B of this section.
2.
The
residential component of a live-work unit shall only be a residential
use allowed within a mixed-use overlay district.
B.
Prohibited
Uses. A live-work unit shall not be used for any of the following
activities or similar activities as determined by the community development
director:
1.
Adult-oriented
businesses;
2.
Animal
care or boarding;
3.
Classroom
instruction (e.g., art/music lessons, tutoring, and similar uses)
involving five or more students at any one time;
4.
Commercial
food preparation activities;
5.
Industrial
uses;
6.
Vehicle
maintenance or repair (e.g., body or mechanical work, including boats
and recreational vehicles), vehicle detailing and painting, upholstery,
etc.;
7.
Storage
of flammable liquids or hazardous materials beyond that normally associated
with a residential use;
8.
Medical
and dental offices, clinics, and laboratories (not including chiropractors
or counselors/psychotherapists);
9.
Activities
or uses that are not compatible with residential activities or that
would clearly conflict with other livework activities or the character
of the surrounding neighborhood as determined by the community development
director; and
10.
Activities or uses that would adversely affect the health or safety
of live-work unit residents, because of dust, glare, heat, noise,
noxious gases, odor, smoke, traffic, vibration, or other impacts,
or that would be hazardous because of materials, processes, products,
or wastes.
C.
Site
Planning and Design Standards.
1.
Each
live-work unit fronting a public right-of-way shall have a pedestrian-oriented
frontage that allows views into the interior of the nonresidential
areas of the unit.
2.
Each
live-work unit shall have a clearly identified, separate access from
other live-work units within the structure or development. Access
to individual units shall be from common access areas, parking lots,
or walkways. Access to each unit shall be clearly identified to provide
for emergency services.
3.
The
living space within the live-work unit shall be contiguous with the
working space, with direct access between the two areas.
D.
Operational
Standards.
1.
No
portion of a live-work unit shall be separately sold or rented.
2.
The
owner or developer of a structure containing live-work units shall
provide written notice to all occupants, tenants, and users that the
surrounding area may be subject to higher impacts associated with
nonresidential uses (e.g., noise) than exist in more predominantly
residential areas. Performance standards for live-work units shall
be those applicable to nonresidential uses allowed in the zoning district
in which the live-work units are located.
3.
All
activities related to the "work" component of a live-work unit shall
be conducted within a completely enclosed building.
4.
Up
to two additional persons who do not reside in the live-work unit
may work in the unit.
5.
Client
and customer visits to live-work units are allowed.
6.
Parking for each live-work unit shall be provided in compliance with Chapter 9.11 (Parking, Pedestrian, and Loading Requirements).
7.
A
live-work unit shall not be converted to either entirely residential
use or entirely nonresidential use.
8.
A
live-work use may display a window or building-mounted sign up to
a maximum of five percent of the building frontage area used for commercial
purposes. Signs shall not be illuminated, including neon signs.
(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)
This section provides operational and compatibility standards for mixed-use development. These standards are in addition to the standards provided in Article I, Mixed Use Districts/Corridors and Article II, Mixed-Use Overlay Districts, of Chapter 9.07.
A.
Operational
Standards.
1.
Hours of Operation. Outdoor nonresidential uses in mixed-use projects shall be prohibited from operating between the hours of ten p.m. and seven a.m. These hours may be modified through approval of a conditional use permit in compliance with Section 9.02.060 (Conditional use permits).
2.
Joint
Tenants and Owners Association.
a.
A joint tenants and owners association shall be formed to ensure
the well-being of each tenant and owner in a mixed-use project.
b.
The association bylaws, including voting rights, shall be subject
to review by the city attorney and approval by the director. The association's
bylaws shall include the following:
i.
Assignment of parking spaces per each use.
ii.
Identification of maintenance responsibilities for landscaping, parking
facilities, and recycling and refuse storage facilities.
iii.
Noise notification procedures.
iv.
Relationship between uses regarding association representation.
v.
Voting procedures.
vi.
Procedures for solving problems that may arise between the different
types of uses or residents.
3.
Loading
and Unloading Activities. Where applicable, the covenants, conditions,
and restrictions of a mixed-use project shall indicate the times when
the loading and unloading of goods may occur on the street, provided
that in no event shall loading or unloading take place after ten p.m.
or before seven a.m. on any day of the week.
4.
Noise
Notification.
a.
Residents, whether owners or tenants, of a mixed-use development
project shall be notified in writing before taking up residence that
they will be living in an urban type of environment and that the noise
levels may be higher than a typical residential area.
b.
The covenants, conditions, and restrictions of a mixed-use project
shall require that the residents acknowledge their receipt of the
written noise notification. Their signatures shall confirm receipt
and understanding of this information.
B.
Fences and Walls. In addition to the regulations in Section 9.08.070 (Fences and walls), fences and walls shall be subject to the following regulations:
1.
Separation
Wall Required. A masonry separation wall shall be constructed on all
property lines adjacent to any single-family residential district.
Pedestrian access points are encouraged and may be allowed subject
to approval of the community development director. The separation
wall shall be six feet in height, as measured from the highest elevation
of land contiguous to the wall, except in a required front setback
area and in a required exterior side setback area for a corner, reverse
corner or key lot, where the wall shall be limited to 36 inches in
height.
2.
Other
Fences and Walls. Fences and walls are allowed in any yard area subject
to the following height regulations:
a.
Front Yard Area. In the front yard area, the height shall be limited
to 36 inches.
b.
Street Side Yard. In street side yard areas, the height shall be
limited to 36 inches.
c.
All Other Areas. In all other areas, the height shall be limited
to six feet, as measured from the side of the fence or wall with the
highest grade.
3.
Location.
All perimeter fences and walls shall be constructed on the property
line unless a different location is permitted by the community development
director. No parallel wall or fence shall be constructed less than
five feet from an existing wall or fence, unless approved by the community
development director.
4.
Materials.
a.
Chain link fencing shall not be erected between a primary or accessory
structure and a public or private street, except that chain link fencing
may be used for security purposes for public utility structures and
for temporary fencing needs (construction sites, special events, vacant
lots, etc.).
b.
Barbed wire and concertina wire are prohibited, except at public
utility structures.
C.
Landscaping. Landscaping shall comply with Chapter 9.17 (Landscape and Water-Efficiency Requirements).
D.
Screening and Buffering Standards. Mechanical and air-conditioning equipment shall be screened and buffered in compliance with Section 9.10.130 (Mechanical and electrical equipment).
E.
Signs. Signs shall comply with Chapter 9.12 (Sign Regulations). In addition, in a mixed-use overlay district where both residential and nonresidential uses are allowed, the signage rights and responsibilities applicable to a particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a district where that particular use would be allowed, either as a matter of right or subject to a discretionary process.
F.
Trash
and Recycling Enclosures.
1.
Recycling and refuse storage facilities shall be located as far away as possible from residential units and shall be completely screened from view from adjacent residential portions of the project or another adjacent residential uses in compliance with Section 9.08.150 (Screening requirements).
2.
The
location and design of recycling and refuse storage facilities shall
mitigate nuisances from odors when residential uses might be impacted.
3.
The
location and design of recycling and refuse storage facilities shall
be integrated into and be compatible with the architectural design
and details of the overall project.
G.
Sound
Mitigation. Residential dwelling units shall be designed to be sound
attenuated against present and future project noise. New projects
or new nonresidential uses in existing projects shall provide an acoustical
analysis report, by an acoustical engineer, describing the acoustical
design features of the structure required to satisfy the exterior
and interior noise standards.
H.
Design
Criteria.
1.
A
mixed-use development project shall be designed and constructed to:
a.
Be pedestrian in its focus by:
i.
Providing direct pedestrian linkages to adjacent public sidewalks;
ii.
Creating enhanced pedestrian connections throughout the project between
residential and nonresidential uses and parking areas;
iii.
Providing enhanced pedestrian amenities throughout the project, including
seating, pedestrian area lighting, special paving, public art, water
features, common open space, directories, and similar items to create
a pleasant pedestrian experience;
iv.
Incorporating architectural design elements and materials that relate
to a pedestrian scale.
b.
Locate uses in proximity to one another without large intervening
parking lots so that it is convenient for people to walk between the
various uses and park their vehicles only once.
c.
Create a pedestrian scale and character of development along the
street by providing significant wall articulation and varying roof
heights, incorporating pedestrian scale elements (e.g., doors, windows,
lighting, landscaping), and locating storefronts and common open space
areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk
to contribute to an active street environment.
d.
Provide a transition to adjacent residential uses in compliance with
the standards provided in Table 9.07.095-10 (Mixed-Use Overlay District
Development Standards).
2.
Consistent
Use of Architectural Details and Materials. Architectural style and
use of quality materials shall be compatible and consistent throughout
an entire mixed-use project. However, differences in architectural
details and materials may occur to differentiate between the residential
and nonresidential portions of the project. The overall project design
and site layout shall be one that promotes a strong pedestrian environment
and active street frontage. This can be accomplished by incorporating
features into the project as outlined in subsection (H)(3) of this
section.
3.
Features.
a.
Street Level Features. Variations in the front building plane shall
be incorporated through the use of varying building setbacks, variations
in wall planes, and the inclusion of pedestrian amenities (e.g., plaza,
courtyard, outdoor dining, landscaping). Long expanses of blank walls
shall be prohibited.
b.
Pedestrian-Oriented Features. At least 75% of the building frontage
facing a public street, primary pedestrian way, or parking lot shall
be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian
entrances to nonresidential uses, transparent display windows, landscaping).
c.
Upper Level Features. Upper floor balconies, bays, and windows shall
be provided whenever opportunities exist for these types of features.
d.
Entrances. When nonresidential and residential uses are located in
a vertical mixed use structure, separate pedestrian entrances shall
be provided for each use. The entrances for nonresidential uses shall
be designed to be visually distinct from the entrances for residential
uses. Entrances to individual residential units in a vertical mixed
use project shall not be allowed along a street frontage. Instead
shared entrances to residential units located above the ground floor
shall be from lobbies that serve multiple units.
e.
Neighborhood Interface. The design of new infill development shall
be sensitive to the scale and design characteristics of established
structures in abutting residential neighborhoods, with the objective
of achieving a harmonious transition between the new development and
existing neighborhood. Consideration shall be given to factors including,
but not limited to, orientation of architectural features, building
articulation, and exterior building treatments.
f.
Lighting. Lighting shall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that they do not adversely impact the residential uses, but shall provide sufficient illumination for access and security purposes consistent with the provisions of Section 9.08.100 (Lighting).
g.
Security. Projects shall be designed to minimize security risks to
residents and to minimize the opportunities for vandalism and theft.
This may be accomplished by:
i.
Maximizing visibility to common open space areas, internal walkways,
and public sidewalks. Use opportunities for natural surveillance to
increase visibility;
ii.
Using walkways, low fences, lighting, signage, and landscaping to
clearly guide people and vehicles to and from the proper entrances;
iii.
Eliminating areas of concealment, hiding places, and dead spaces;
iv.
Using lighting to improve the visibility of common areas while enhancing
the pedestrian environment. Lighting should not be overly bright and
should provide a uniform level of light over the subject area to eliminate
dark spaces.
(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)
This section provides standards for outdoor dining areas.
A.
Public
Property. Outdoor dining on public property shall require approval
of an encroachment permit by the public works director and compliance
with the standards of the public works department.
B.
Private
Property. Outdoor dining on private property shall comply with the
following standards:
1.
Coordinated
Design Scheme. The design and appearance of proposed improvements
or furniture (e.g., tables, chairs, benches, umbrellas, planters,
menu boards, etc.) to be placed in an outdoor dining area shall present
a coordinated theme and shall be compatible with the appearance and
design of the primary structure, as determined by the director.
2.
Hours
of Operation. Hours of operation for outdoor dining areas shall coincide
with those of the associated indoor restaurant.
3.
Property
Maintenance. The operator shall maintain the outdoor dining area(s)
in a neat, clean, and orderly condition at all times. This shall include
all tables, benches, chairs, displays, or other related furniture.
An adequate number of trash receptacles shall be provided to serve
the outdoor dining area.
4.
Outdoor
Bar Prohibited. A bar designed and/or operated to sell or dispense
any alcoholic beverages shall not be allowed in the outside dining
area.
5.
Location.
Outdoor dining areas may be allowed to locate in required setback
areas but shall not encroach into required parking areas. They may
be allowed to encroach into a public right-of-way with an approved
encroachment permit issued by the city engineer.
6.
Noise.
Amplified sound (e.g., music, television, etc.) shall not be audible
beyond the lot line.
C.
Review
Criteria. When reviewing an application to allow outdoor dining, the
review authority shall consider the relation of outdoor dining areas
to sensitive noise receptors (e.g., hospitals, schools, and residential
uses). Mitigation measures shall be applied to eliminate potential
impacts related to glare, light, loitering, and noise.
(Ord. 864 § 3.3, 2013)
A.
Purpose and Intent. This section is intended to protect the public health, safety and welfare by ensuring that smoke shops, as defined in Section 9.15.030 of Chapter 9.15 of this code, do not create an adverse impact on adjacent properties or surrounding neighborhoods by reason of potential for incompatible secondary effects, insufficient on-site customer and employee parking, traffic generation, visual blight, bright lights, noise, or fumes. The following special standards shall apply to smoke shops.
B.
Permitted Use. Except as provided in subsection C of this section, smoke shops are permitted in the: (1) community commercial district; (2) neighborhood commercial district; (3) village commercial district; and (4) office commercial district, subject to the following location and distance requirements:
C.
Conditional
Use Permit Required.
1.
2.
Smoke shops that are located within 300 feet of any of the following uses shall require approval of a conditional use permit pursuant to Title 9, Chapter 9.02, Section 9.02.020 of this code:
a.
Residential zones or uses, including, but not limited to, mobile
home parks, single-room occupancy facilities (SROs), and orphanages.
D.
Parking.
Parking for smoke shops shall be the same as the parking requirements
and restrictions for off-street parking that pertains to eating and
drinking establishments as described in Table 9.11.040B-12 of this
code.
F.
Waste
and Storage and Disposal. Waste, storage, and disposal of all tobacco
products shall meet all applicable state and local health regulations.
G.
Air
Quality.
1.
All
ventilating equipment shall be directed to top story exhaust vents
which face away from adjacent properties.
2.
Required
exhaust systems shall be equipped with appropriate and reasonably
available control technology to minimize or eliminate noxious smoke
or pollutants which would otherwise be emitted.
H.
First in Time. Should a land use mentioned in subsection B hereinabove be appropriately approved through established city regulations and locate within the distance requirement of a lawfully operating smoke shop, such subsequently located land use will not make the existing smoke shop legal nonconforming. Instead, the lawfully operating smoke shop will be considered a legal use not subject to Section 9.02.180 of the Moreno Valley Municipal Code.
(Ord. 917 § 7, 2016)
A.
Purpose
and Intent.
1.
Purpose. This section is intended to protect the public health, safety and welfare by ensuring that cannabis establishments, as defined in this section and in Title 5, Chapter 5.05 of this code, do not create an adverse impact on adjacent properties or surrounding neighborhoods by imposing sensible land use regulations in accordance with state law to protect the city's residents, neighborhoods, and businesses from direct negative impacts and/or secondary effects, including, but not limited to, proximity to sensitive receptors or uses, visibility, insufficient on-site customer and employee parking, lighting, signage and graphics, site security, waste/storage disposal and public nuisances such as excessive noise and/or odor.
2.
Intent.
The intent of this section is to regulate and provide for the conditional
use permitting of the following commercial cannabis business land
uses:
B.
Applicability.
This section sets forth land use development standards for cannabis
dispensaries, testing laboratories/facilities, cultivation, manufacturing
and related cannabis activities including the allowed location by
zoning districts, placement of facilities including buffers, and maximum
number of land use permits for cannabis businesses by type.
C.
Cannabis
Business Locations and Use
1.
Locations
of Permits by Land Use Type Allowed. The maximum number of conditional
use permits for commercial cannabis activity to be allowed to operate
in the city at any one time shall be set by City Council Resolution.
Commercial cannabis land use activities may be allowed to establish
in the city within the business park (BP), business park-mixed use
(BPX), light industrial (LI), community commercial (CC), and neighborhood
commercial (NC) zoning districts, with limitations, as follows.
a.
Dispensaries. Commercial cannabis dispensaries may be allowed to
establish within the community commercial (CC), neighborhood commercial
(NC) and business park-mixed use (BPX) zoning districts, with a properly
secured conditional use permit approved through the planning commission.
b.
Testing. Commercial cannabis testing facilities may be allowed to
establish within business park (BP), business park-mixed use (BPX),
and light industrial (LI) zoning districts, with a properly secured
conditional use permit approved through the planning commission.
c.
Cultivation. Commercial cannabis cultivation facilities may be allowed
to establish within the business park (BP), business park-mixed use
(BPX), and light industrial (LI) zoning districts, with a properly
secured conditional use permit approved through the planning commission.
d.
Manufacturing. Commercial cannabis manufacturing facilities may be
allowed to establish within the business park (BP), business park-mixed
use (BPX), and light industrial (LI) zoning districts, with a properly
secured conditional use permit approved through the planning commission.
e.
Microbusiness. Cannabis microbusiness facilities may be allowed to
establish in the city, within the business park-mixed use (BPX) and
community commercial (CC) zoning districts, with a properly secured
conditional use permit approved through the planning commission.
f.
Distribution Center. Cannabis distribution centers may be allowed to establish in the city, within the community commercial (CC), neighborhood commercial (NC), business park (BP), business park-mixed use (BPX), and light industrial (LI) zoning districts, with a properly secured conditional use permit approved through the planning commission. 2. Conditional Use Permit Required. In order to lawfully operate, all commercial cannabis activities including dispensaries, testing laboratories, cultivation, microbusiness, distribution, and manufacturing facilities shall require an approved conditional use permit as provided under Chapter 9.02, Section 9.02.060 of this code, along with a valid commercial cannabis business permit and a valid state license.
D.
General
Development Standards.
1.
Placement
and Buffer of Cannabis Businesses.
a.
No licensee under this division shall be located within a 600 foot
radius of a public or private school providing instruction in kindergarten
or grades 1 through 12, a day care center, a youth center or arcades
that are in existence at the time the license is issued.
b.
The distance specified in this section shall be the horizontal distance
measured in a straight line from the property line of the school,
day care center, youth center or arcade to the closest property line
of the lot on which the dispensary, operator, establishment, or provider
is to be located without regard to intervening structures.
2.
General
Business Requirements.
a.
No cannabis product shall be smoked, eaten, or otherwise consumed
or ingested outside of or within the business.
b.
No person shall cause or permit the sale, dispensing or consumption
of alcoholic beverages or the sale of tobacco products on or within
50 feet of the premises of a cannabis business.
c.
The cannabis licensee shall display its current valid commercial cannabis business permit under Chapter 5.05 of this code and a CUP issued in accordance with this chapter inside the lobby or waiting area of the main entrance to the site. The permits shall be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the site.
d.
It is unlawful to operate commercial cannabis activities in a building
which contains a residence, or within a residential dwelling unit.
e.
It is unlawful for any person to permit commercial cannabis cultivation,
manufacturing, testing, distribution or sales at, on or within any
real property that does not have a valid CUP approved for such use.
f.
Any transfer of product or currency shall be identified in an individual
security plan which is approved by the city.
g.
All city fire, police and code personnel shall have unlimited and
unrestricted property access for inspections of commercial cannabis
businesses and facilities during business hours.
E.
Specific
Use Requirements.
1.
Commercial
Cannabis Cultivation.
a.
Commercial cannabis cultivation facilities shall require a properly
secured conditional use permit approved by the planning commission
and will only be allowed in the business park (BP), business park-mixed
use (BPX), and light industrial (LI) zoning districts.
b.
The total area of the premises designated/used for the cultivation
canopy shall not be more than 22,000 square feet for every conditional
use permit application approved.
c.
Cannabis cultivation including all cannabis or marijuana plants at
any stage of growth shall not be visible from the exterior of any
structure, facility, or building containing cannabis cultivation.
All cannabis cultivation must take place within a fully enclosed,
secured and permanent structure (with accommodations in place at all
times to allow for and facilitate unlimited/unrestricted access throughout
the premises by emergency service personnel).
d.
Outdoor cannabis cultivation is prohibited in the city.
e.
Only owners, agents, applicants, managers, employees, and volunteers
of the cannabis cultivation licensee and agents or employees of the
city are permitted to be onsite of any cultivation facility.
f.
All cultivation areas in the building shall be separated from the
main entrance and lobby, and shall be secured by a lock accessible
only to managers and staff of the cannabis cultivation licensee (with
accommodations in place at all times to allow for and facilitate unlimited/unrestricted
access throughout the premises by emergency service personnel).
g.
No cannabis cultivation licensee shall allow public access to the
facility.
h.
Each building with a cultivation area shall have an area designed
for the secure transfer of cannabis from the cultivation area to a
vehicle for transportation.
i.
Each building containing cultivation shall have designated storage
space for cannabis that has completed the cultivation process or is
otherwise not being cultivated. Storage size will be determined on
a case-by-case basis dependent on the submitted site plan and building
canopy size in accordance with the city's building and conditional
use permit regulations. The storage areas shall be separated from
the main entrance and lobby and shall be secured by a lock accessible
only to managers and staff of the cannabis cultivation licensee (with
accommodations in place at all times to allow for and facilitate unlimited/unrestricted
access throughout the premises by emergency service personnel).
j.
Any person(s) cultivating cannabis with the use of grow lights, fans,
ventilation devices or any other electrical or mechanical equipment
shall comply with all applicable building and fire code requirements
adopted by the city of Moreno Valley, and shall obtain all necessary
permits and prerequisite inspections required for such installation
prior to commercial use of the equipment and/or facility.
k.
No person shall conduct any retail sales of any materials, goods
or services produced at, used to produce, or otherwise available at
the cannabis cultivation site.
l.
All cultivation facilities shall be organized in orderly rows with
aisles at least three feet wide, and no more than eight feet between
an aisle and the next aisle or the aisle and the wall, and clear access
shall be maintained to all exits unless the planning official, building
official and fire marshal collectively determine that the business
has provided an alternative, properly dimensioned floor plan that
confirms equivalent access and clearance/separation between plants
and the facility exits.
m.
Cultivation operations shall be consistent with all other applicable
federal, state and local requirements, including all applicable provisions
of Moreno Valley Municipal Code Title 5.
2.
Commercial
Cannabis Manufacturing.
a.
Commercial cannabis manufacturing facilities shall require a properly
secured conditional use permit and will only be allowed in the business
park (BP), business park-mixed use (BPX), and light industrial (LI)
zoning districts.
b.
Only manufacturing facilities with a Type-6 state license (non-volatile)
may be allowed to operate in the city.
c.
Cannabis manufacturing, including all cannabis or marijuana raw materials
and products shall not be visible from the exterior of any structure,
facility, or building containing cannabis manufacturing. All cannabis
manufacturing activities must take place within a fully enclosed,
secured and permanent structure (with accommodations in place at all
times to allow for and facilitate unlimited/unrestricted access throughout
the premises by emergency service personnel).
d.
Only owners, agents, applicants, managers, employees, and volunteers
of the cannabis cultivation licensee and agents or employees of the
city are permitted to be onsite of any cultivation facility.
e.
All equipment, systems and manufacturing processes must meet or exceed
all applicable local, county, state and federal requirements and regulations
regarding air, water, health and safety, and handling, processing
and storage of hazardous materials, solvents, gases and waste. No
manufacturing facility shall commence operations or be issued any
form of certificate of occupancy without first obtaining all required
fire, environmental, health and safety, planning, and building certificates,
permits, inspections and other approvals required under the city's
municipal code and all other applicable local, county, state and federal
regulations.
f.
A commercial cannabis manufacturing licensee shall: (i) employ full
time quality control personnel; and (ii) establish standard operating
procedures and batch records that comply with current good manufacturing
practices, as outlined by the State Department of Public Health and
the U.S. Food and Drug Administration.
g.
Commercial cannabis manufacturing licensee shall comply with sanitation
standards equivalent to the California Retail Food Code (Part 7, commencing
with Section 113700 of Division 104 of the Health and Safety Code)
for food preparation, storage, handling and sale of edible cannabis
or marijuana products. Edible cannabis or marijuana products are deemed
to be unadulterated food products.
h.
No person shall conduct any retail sales of any goods or services
from a commercial cannabis manufacturing site.
i.
Manufacturing operations shall be consistent with all other applicable
federal, state and local requirements, including Moreno Valley Municipal
Code Title 5.
3.
Commercial
Cannabis Testing.
a.
Commercial cannabis testing facilities shall require a properly secured
conditional use permit approved by the planning commission and will
only be allowed in the business park (BP), business park-mixed use
(BPX), and light industrial (LI) zoning districts.
b.
No cannabis or marijuana raw materials, products, items being tested,
or waste products from testing activities shall be visible from the
exterior of any structure, facility, or building in which commercial
cannabis testing is being conducted. All commercial cannabis testing
must take place within a fully enclosed, secured and permanent structure
(with accommodations in place at all times to allow for and facilitate
unlimited/unrestricted access throughout the premises by emergency
service personnel).
c.
All entrances into the buildings on the laboratory site shall be
locked at all times with entry controlled by the cannabis testing
laboratory licensee's managers and staff (with accommodations in place
at all times to allow for and facilitate unlimited/unrestricted access
throughout the premises by emergency service personnel).
d.
The laboratory site shall have a building with a main entrance that
is clearly visible from the public street or sidewalk. The main entrance
shall be maintained clear of barriers and other obstructions. Inside
of the main entrance, there shall be a lobby which will be an area
securely separated from the testing facilities.
e.
All testing areas in any building on the laboratory site shall be
separated from the main entrance and lobby, and shall be secured by
a lock accessible only to managers and staff of the cannabis testing
laboratory licensee (with accommodations in place at all times to
allow for and facilitate unlimited/unrestricted access throughout
the premises by emergency service personnel).
f.
Each building with a testing area shall have an area designed for
the secure transfer of cannabis raw materials and products from a
transfer vehicle to and from the testing area.
g.
Each building with a testing area shall have designated storage space
for cannabis raw materials and products that have been tested or are
waiting to be tested. Storage size will be determined on a case-by-case
basis dependent on the submitted site plan and building canopy size
in accordance with the city's building and conditional use permit
regulations. The storage areas shall be separated from the main entrance
and lobby, and shall be secured by a lock accessible only to managers
and staff of the commercial cannabis testing laboratory licensee (with
accommodations in place at all times to allow for and facilitate unlimited/unrestricted
access throughout the premises by emergency service personnel).
h.
No person shall conduct any retail sales of any cannabis goods or
services on or from a permitted and licensed commercial cannabis testing
laboratory site.
i.
No plants shall be located in a commercial cannabis/marijuana testing
facility.
j.
No testing facility shall have more than 100 pounds of raw marijuana
and 100 pounds of marijuana-infused products at any one time.
k.
Testing operations shall be consistent with all other applicable
federal, state and local requirements, including Moreno Valley Municipal
Code Title 5.
4.
Commercial
Cannabis Dispensaries.
a.
Commercial cannabis dispensary facilities shall require a properly
secured conditional use permit approved by the planning commission
and will only be allowed in the community commercial (CC), neighborhood
commercial (NC) and business park-mixed use (BPX) zoning districts.
b.
No cannabis or marijuana raw materials or products shall be visible
from the exterior of any structure, facility, or building in which
commercial cannabis dispensaries are being conducted. All commercial
cannabis dispensaries must take place within a fully enclosed, secured
and permanent structure (with accommodations in place at all times
to allow for and facilitate unlimited/unrestricted access throughout
the premises by emergency service personnel).
c.
A commercial cannabis dispensary shall have designated locked storage
on the dispensary property, identified and approved as a part of the
security plan, for after-hours storage of medicinal and adult use
recreational cannabis and cannabis infused products. All cannabis
and cannabis infused products shall be stored at the dispensary property
in secured rooms that are completely enclosed or in a safe that is
bolted to the floor (with accommodations in place at all times to
allow for and facilitate unlimited/unrestricted access throughout
the premises by emergency service personnel).
d.
All entrances into a commercial cannabis dispensary's building shall
include high visibility from the main front door exterior at all times
with entry controlled by dispensary personnel.
e.
No person shall smoke, ingest, or otherwise consume cannabis in any
form on, or within 20 feet of, the dispensary site.
f.
No commercial cannabis dispensary owner or employee shall: (i) cause
or permit the sale, distribution, or consumption of alcoholic beverages
on the dispensary property; (ii) hold or maintain a license from the
State Division of Alcoholic Beverage Control for the sale of alcoholic
beverages; or (iii) operate a business on or adjacent to the dispensary
property that sells alcoholic beverages. No alcoholic beverages shall
be allowed or stored on the dispensary property.
g.
Hours of operation for a cannabis dispensary shall be established
on a case-by-case basis as conditioned under the conditional use permit
(CUP).
h.
Commercial cannabis dispensary or distribution operations shall be
consistent with all other applicable federal, state and local requirements,
including Moreno Valley Municipal Code Title 5.
5.
Commercial
Cannabis Distribution Centers.
a.
Cannabis distribution shall require a properly secured conditional
use permit approved by the planning commission within established
zoning areas in the city that allow for cannabis uses, limited only
to the community commercial (CC), neighborhood commercial (NC), business
park-mixed use (BPX), business park (BP) and light industrial (LI)
zoning use districts.
b.
No cannabis or marijuana raw materials or products shall be visible
from the exterior of any structure, facility, or building in which
commercial cannabis operations are being conducted. All commercial
cannabis uses and operations must take place within a fully enclosed,
secured and permanent structure (with accommodations in place at all
times to allow for and facilitate unlimited/unrestricted access throughout
the premises by emergency service personnel).
c.
Distribution of cannabis products shall only be conducted with a
valid permit and according to activity permitted by state law.
d.
There shall be no deliveries from the premises of cannabis or cannabis
containing products except to another state or local licensed or permitted
cannabis business.
e.
A cannabis distribution licensee shall maintain a database and provide
a list of the individuals and vehicles authorized to conduct transportation
on behalf of the cannabis distribution licensee to the city.
f.
Distribution operations shall be consistent with all other applicable
federal, state and local requirements, including Moreno Valley Municipal
Code Title 5.
6.
Commercial
Cannabis Microbusinesses.
a.
Commercial cannabis microbusiness facilities shall require a properly
secured conditional use permit approved by the planning commission
and will be allowed in the business park-mixed use (BPX) and community
commercial (CC) zoning districts.
b.
A commercial cannabis microbusiness facility shall include a combination
of at least three of the following four activities: manufacturing,
cultivation (limited to 10,000 square feet), distribution and dispensary.
Testing is not allowed.
c.
No cannabis or marijuana raw materials or products shall be visible
from the exterior of any structure, facility, or building in which
allowable commercial cannabis uses are being conducted. All allowable
commercial cannabis uses must take place within a fully enclosed,
secured and permanent structure (with accommodations in place at all
times to allow for and facilitate unlimited/unrestricted access throughout
the premises by emergency service personnel).
d.
A licensee conducting a commercial cannabis microbusiness shall meet
all applicable operational requirements for retail/commercial cannabis
dispensaries, commercial cannabis cultivation, commercial cannabis
distribution and commercial cannabis manufacturing activities.
e.
The operator must hold a microbusiness (Type 12) license issued by
the State Bureau of Cannabis Control.
f.
A microbusiness operation shall be consistent with all other applicable
federal, state and local requirements, including Moreno Valley Municipal
Code Title 5.
7.
Building
Size and Operation.
a.
The size and height of a building used for a commercial cannabis
activity shall be governed by the permitted development standards
of the underlying zoning district, and for commercial cannabis cultivation
uses the interior space used for growing marijuana plants shall not
exceed canopy size regulations set forth in state law, Chapter 6,
Section 26061. In no case shall the size of the commercial cannabis
canopy within any single facility exceed 22,000 square feet.
b.
All operations conducted and equipment used must be in compliance
with all applicable state and local regulations, including all building,
electrical and fire codes.
c.
Different types of commercial cannabis activities may not be located
within the same building or structure without appropriate demising
walls approved through the community development department, building
division and fire department, and each separate commercial cannabis
activity must have distinct separate operating permits issued by the
city and state, and CUP issued by the city.
8.
Visibility.
a.
All commercial cannabis activities shall take place within an enclosed
structure.
b.
From a public right-of-way, there should be no exterior evidence
of commercial cannabis dispensing, cultivation, manufacturing or testing
activities, except for any signage authorized as part of the CUP approval
and separately issued signage permits. No raw materials, cannabis
or cannabis-infused products or marijuana plants shall be visible
from the exterior of the building.
c.
Exterior landscaping within 10 feet of a licensed premises shall
be designed, installed and maintained free of locations which could
reasonably be used by persons to conceal themselves and/or to enable
undesirable activity. The design, and maintenance practices shall
give appropriate consideration to both natural and artificial illumination.
9.
Parking.
a.
Parking requirements for commercial cannabis dispensary businesses
shall be the same as parking requirements and restrictions for off-street
parking that pertains to general retail establishments as described
in Title 9, Table 9.11.040B-12 of the Moreno Valley Municipal Code.
b.
Parking requirements for commercial cannabis cultivation businesses
shall be the same as parking requirements and restrictions for off-street
parking that pertains to general manufacturing establishments as described
in Title 9, Table 9.11.040B-12 of the Moreno Valley Municipal Code.
c.
Parking requirements for commercial cannabis testing labs shall be
the same as parking requirements and restrictions for off-street parking
that pertains to research and development establishments as described
in Title 9, Table 9.11.040B-12 of the Moreno Valley Municipal Code.
d.
Parking requirements for commercial cannabis manufacturing businesses
shall be the same as parking requirements and restrictions for off-street
parking that pertains to general manufacturing establishments as described
in Title 9, Table 9.11.040B-12 of the Moreno Valley Municipal Code.
e.
Parking for commercial cannabis distribution businesses shall be
the same as parking requirements and restrictions for off-street parking
that pertains to general manufacturing establishments as described
in Title 9, Table 9.11.040B-12 of the Moreno Valley Municipal Code.
f.
An additional two secured parking spaces, identified on a plot plan
and individual security plan approved by the city, shall be located
convenient to the required secured area of each facility and be used
by secured transfer vehicles involved in the couriering or dispensing
of cannabis materials products to and from the facility and for use
by any secured vehicle commissioned for the transfer of currency to
and from the facility.
10.
Lighting. All lighting shall comply with the provisions of Section 9.08.100 of this title, and determined in a security plan approved by the city, including fixture type, wattage illumination levels and shielding. This requirement does not address any potential lighting required under the individual security plans for the facility.
11.
Signs and Graphics.
a.
Any commercial cannabis business shall be limited to one wall-mounted business identification sign per licensed premises and be in compliance with all other aspects of the city's sign regulations included in Chapter 9.12 of this code.
b.
Signage shall be limited to the identification of the licensee's
business name and shall contain no advertising of symbols, language,
music, gestures, cartoon characters or other content elements known
to appeal primarily to persons below the legal consumption age. The
provisions of this section shall not apply to the placement of advertising
signs inside a licensed premises and which are not visible by normal
unaided vision from a public place, provided that such advertising
signs do not advertise marijuana or marijuana products in a manner
intended to encourage persons under the age of 21 years to consume
marijuana or marijuana products.
c.
Signage shall not extend above the highest point of a parapet wall
or the lowest point of a sloping roof. In instances where both criteria
are present, the regulation resulting in the lowest reasonable height
shall govern.
d.
A licensee shall post a sign, not less than 12 inches wide and 12
inches long, in a conspicuous place near each monitored building access
location on the licensed premises, which sign shall be easily visible
to all customers and employees and composed of letters not less than
one inch in height, stating "All Activities Monitored and Recorded
by Video Camera" or "These Premises are Being Digitally Recorded,"
or otherwise advising all persons entering the licensed premises that
a video surveillance and camera recording system is in operation at
the facility and recording all activity.
e.
A licensee shall post a sign in a conspicuous place on the outside
of the building, near the entry to the premises clearly and legibly
posted indicating that smoking, ingesting, or consuming cannabis,
marijuana, or alcohol on the licensed premises is prohibited.
12.
Site Security.
a.
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.
The recording system must be capable of exporting the recorded video
in standard MPEG formats to another common medium, such as a DVD or
USB drive.
b.
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.
13.
Waste and Storage and Disposal. Waste, storage, and disposal of all
marijuana and cannabis products shall meet all applicable state and
local health regulations.
14.
Public Nuisance Standards.
a.
Odor control devices and techniques shall be incorporated in all
licensed premises to ensure that odors from cannabis or marijuana
are not detectable offsite. Licensees shall provide a sufficient odor
absorbing ventilation, exhaust or air filtration system so that odor
generated inside the licensed premises that is distinctive to its
operation is not detected outside of the premises, anywhere on adjacent
property or public rights-of-way, on or about the exterior or interior
common area walkways, hallways, breezeways, foyers, lobby areas, or
any other areas available for use by common tenants or the visiting
public, or within any other unit located inside the same building
or other separate buildings on the licensed premises.
b.
All ventilating equipment shall be directed to top story exhaust
vents which face away from adjacent properties.
c.
A licensee shall prohibit loitering by individuals outside the licensed
premises, whether the loitering is occurring immediately outside the
licensed premises facility or anywhere else on the property or parcel.
d.
A licensee shall remove graffiti from the licensed premises within
24 hours of its occurrence, or as requested by the city.
e.
Commercial cannabis activity shall not adversely affect the health,
safety, or general welfare of the nearby residents by creating dust,
glare, heat, noise, smoke, traffic, vibration, or other impacts, and
shall not be hazardous due to use or storage of materials, processes,
products, or wastes.
F.
Grounds
for Revocation.
1.
Any of the following shall be grounds for revocation of a commercial cannabis land use permit based on evidence and following notice and public hearing pursuant to Section 9.02.260 "Revocation of approvals or permits" of the Moreno Valley Municipal Code:
a.
Failure to comply with one or more conditions of approval of the
conditional use permit (CUP).
b.
The land use permit was granted on the basis of false material or
information, including written or oral communications, given willfully
or negligently by the applicant.
c.
The ownership or control of the commercial cannabis business has
been transferred and/or sold, a land use permit issued pursuant to
this chapter has been transferred and/or sold, or the title of any
parcels constituting the site on which the land use permit was originally
issued has been transferred. New ownership would require a secured
cannabis business permit/license in order for a CUP to remain valid,
and is subject to the one year inactivity requirement included in
Section 9.02.260(C)(2).
d.
Any act or omission by an owner or licensee in violation of the provisions
of this section.
e.
Any act or omission by an owner or licensee that results in the denial
or revocation of the owner's or licensee's state license.
g.
An owner's or licensee's failure to take appropriate action to evict
or otherwise remove persons conducting commercial cannabis activities
who do not maintain the necessary permits or licenses in good standing
with the city or state.
h.
Permit holder's conviction for possession or delivery of any form
of illegal drugs.
i.
City or any other governmental agencies discovery of any form of
illegal drugs, other than cannabis products regulated by this section,
on the licensed premises at any time.
j.
Conduct of the commercial cannabis activities in a manner that constitutes
a nuisance where the owner or licensee has failed to comply with reasonable
conditions to abate the nuisance (e.g., odor).
(Ord. 932 § 5, 2018; Ord. 968 § 4, 2020)
A.
Purpose
and Intent. The purpose of this section is to regulate qualifying
SB 9 two-unit residential developments and urban lot splits within
single-family residential zones in accordance with California Government
Code Sections 65852.21 and 66411.7.
B.
Applicability.
The standards and limitations set forth in this section shall apply
to urban lot splits and the development and use of SB 9 two-unit residential
developments within a single-family residential zone in the city,
notwithstanding any other conflicting provisions of this code. In
the event of a conflict between the provisions of this section and
any other provision of this code, the provisions of this section shall
prevail.
C.
Permit
Application and Review Procedures. An application for an SB 9 two-unit
residential development or an urban lot split shall be submitted on
a form prescribed by the city, along with all information and materials
prescribed by such form. The community development director will review
the application for consistency with state law, consider and approve
or disapprove a complete application for an SB 9 two-unit residential
development or an urban lot split ministerially, without discretionary
review or public hearing.
1.
Nonconforming
Conditions. An SB 9 two-unit residential development may only be approved
if all nonconforming zoning conditions are corrected. The correction
of legal nonconforming zoning conditions is not a condition for ministerial
approval of a parcel map for an urban lot split.
2.
Effectiveness
of Approval. The ministerial approval of an SB 9 two-unit residential
development or a parcel map for an urban lot split does not take effect
until the city has confirmed that all required documents have been
recorded.
3.
Hold
Harmless. Approval of an SB 9 two-unit residential development or
a parcel map for an urban lot split shall be conditioned on the applicant
agreeing to defend, indemnify and hold harmless the city, its officers,
agents, employees and/or consultants from all claims and damages (including
attorney's fees) related to the approval and its subject matter.
4.
Specific
and/or Adverse Impacts. Notwithstanding anything else in this section,
the community development director may deny an application for an
SB 9 two-unit residential development or a parcel map for an urban
lot split if the building official makes a written finding, based
on a preponderance of the evidence, that the project would have a
specific, adverse impact, as defined and determined in paragraph (2)
of subdivision (d) of California Government Code Section 65589.5,
on either public health and safety or on the physical environment
and for which there is no feasible method to satisfactorily mitigate
or avoid the specific adverse impact.
D.
Qualifying
Requirements. A proposed urban lot split or SB 9 two-unit residential
development must meet all of the following requirements in order to
qualify for ministerial review pursuant to the provisions of this
section. It shall be the responsibility of the applicant to demonstrate
to the reasonable satisfaction of the community development director
that each of these requirements is satisfied. The applicant and each
owner of the property shall provide a sworn statement, attesting to
all facts necessary to establish that each requirement is met.
1.
The
subject property shall be located within a single-family residential
zone.
2.
The
proposed development shall not be located on any site identified in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision
(a) of California Government Code Section 65913.4, unless the development
satisfies the requirements specified therein. Such sites include,
but are not limited to, prime farmland, wetlands, high or very high
fire hazard severity zones, special flood hazard areas, regulatory
floodways, and lands identified for conservation or habitat preservation.
3.
The
proposed development shall not be located within a historic district
or on property included on the State Historic Resources Inventory,
as defined in Section 5020.1 of the California Public Resources Code.
4.
The
proposed development shall not require the demolition or alteration
of housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families
of moderate, low, or very low income.
5.
The
proposed development shall not require the demolition or alteration
of housing that is subject to any form of rent or price control.
6.
The
proposed development shall not require the demolition or alteration
of housing that has been occupied by a tenant within the last three
years.
7.
If
any existing or previously demolished housing unit on the lot has
been occupied by a tenant in the last three years, the proposed development
shall not involve the demolition of more than 25% of the existing
exterior structural walls of any housing unit on the lot.
8.
The
subject property shall be owned solely by one or more individual property
owners.
9.
In
the case of an urban lot split, the lot proposed to be subdivided
shall not have been established through a prior urban lot split.
10.
In the case of an urban lot split, the lot proposed to be subdivided
("subject lot") is not adjacent to any lot that was established through
an urban lot split by the owner of the subject lot or by any person
acting in concert with the owner of the subject lot.
11.
No unpermitted construction or illegal nonconforming zoning conditions
shall exist on the property.
12.
All units shall have a dedicated address.
E.
Permitted
Locations. A lot on which an urban lot split or SB 9 two-unit residential
development is proposed must be located within a single-family residential
zone. A lot located within a multiple-family or mixed-use zone shall
not be eligible to be subdivided through an urban lot split or developed
with an SB 9 two-unit residential development pursuant to this section.
F.
Number
of Dwelling Units Permitted on a Lot.
1.
Notwithstanding
any other provisions of this code, state law requires the city to
permit a lot located within a single-family residential zone to contain
two primary dwelling units, provided both units are developed and
maintained in compliance with the standards and requirements set forth
in this section.
2.
Provided the lot is not subdivided or created through an urban lot split, development of two primary dwelling units on a lot through an SB 9 two-unit residential development in conformance with this section does not preclude the development or maintenance of one or more ADUs and/or JADUs on the lot to the extent permitted by Section 9.09.130 and state law.
3.
No
more than two dwelling units of any kind may be constructed or maintained
on a lot that results from an urban lot split. For purposes of this
subdivision, the two-unit limitation applies to any combination of
primary dwelling units, ADUs, and JADUs.
G.
Separate
Conveyance.
1.
Primary
dwelling units located on the same lot may not be owned or conveyed
separately from one another. All fee interest in a lot and all dwellings
must be held equally and undivided by all individual owners of the
lot.
2.
Separate
conveyance of the two lots resulting from an urban lot split is permitted.
If dwellings or other structures (such as garages) on different lots
are adjacent or attached to each other, the urban lot split boundary
may separate them for conveyance purposes if the structures meet building
code safety standards and are sufficient to allow separate conveyance.
If any attached structures span or will span the new lot line, or
if the two lots share a driveway, appropriate covenants, easements
or similar documentation allocating legal and financial rights and
responsibilities between the owners of the two lots ("CC&Rs")
for construction, reconstruction, use, maintenance, and improvement
of the attached structures and any related shared drive aisles, parking
areas, or other portions of the lot must be recorded before the city
will approve a final parcel map for the urban lot split. Notwithstanding
the provision of such CC&Rs, however, where attached structures
and/or related shared facilities span a lot line resulting from an
urban lot split, all owners of both lots shall be jointly and severally
responsible for the use and maintenance of such structures and/or
shared facilities in compliance with all provisions of this code.
3.
Condominium
airspace divisions and common interest developments are not permitted
on a lot created through an urban lot split or containing an SB 9
two-unit residential development.
H.
Residential
Use Only. No nonresidential use is permitted on any lot created through
an urban lot split or containing an SB 9 two-unit residential development.
I.
No Short-Term
Rentals Permitted. The rental of any dwelling unit on a lot created
through an urban lot split or containing an SB 9 two-unit residential
development shall be for a term longer than 30 consecutive days.
J.
Housing
Crisis Act Replacement Housing Obligations. If the proposed development
will result in the demolition of protected housing, as defined in
California Government Code Section 66300, the applicant shall replace
each demolished protected unit and comply with all applicable requirements
imposed pursuant to subsection (d) of Government Code Section 66300.
K.
Standards
and Requirements. A qualifying SB 9 two-unit residential development
and any development on a lot created through an urban lot split shall
be subject to the standards and criteria set forth in this section.
1.
No
setback shall be required for an existing structure or a structure
constructed in the same location and to the same dimensions as an
existing structure.
2.
Except
for those circumstances described above in subsection (K)(1), the
setback for side and rear lot lines shall be four feet. The front
setback shall be as set forth in the single-family residential zone.
3.
Except for those circumstances described above in subsection D, Qualifying Requirements, the demolition or alteration of a structure is allowed for developments proposed under this section.
4.
The
applicant shall provide easements for the provision of public services
and facilities as required.
5.
Off-street
parking shall be limited to one space per unit, except that no parking
requirements shall be imposed if the parcel is located within one-half
mile walking distance of either a high quality transit corridor as
defined by Public Resources Code Section 21155(b) or a major transit
stop as defined in Public Resources Code Section 21064.3.
7.
All setback areas, and all areas not designated for walkways, parking, drive aisles, and private open space, shall be fully landscaped and irrigated. Each development shall comply with the landscaping and irrigation requirements contained in Section 9.17.070 (Single-family residential development) of Chapter 9.17 (Landscape and Water Efficiency Requirements).
8.
If
there is an existing primary dwelling that was legally established
on the lot prior to the filing of a complete application for a two-unit
development or an urban lot split, any new additional primary dwelling
unit must match the existing primary dwelling unit in exterior materials,
color, and dominant roof pitch.
9.
If
two new primary dwelling units are developed on the lot, the dwellings
must match each other in exterior materials, color, and dominant roof
pitch.
10.
All developments shall provide each unit with the appropriate number
of containers for recyclables, organics, and non-recyclable solid
waste ("trash containers").
L.
Additional
Requirements for Urban Lot Splits.
1.
An
urban lot split must conform to all applicable objective requirements
of the Subdivision Map Act, including implementing requirements in
this code, except as otherwise provided in this section. Notwithstanding
the foregoing, no dedication of rights-of-way or construction of off-site
improvements is required solely for an urban lot split.
2.
Lot
Size. The parcel map for an urban lot split must subdivide an existing
lot to create no more than two new lots of approximately equal lot
area, provided that one lot shall not be smaller than 40% of the lot
area of the original lot proposed for subdivision. Both newly created
lots must each be no smaller than 1,200 square feet.
M.
Easements.
1.
The
owner must enter into an easement agreement with each utility/public-service
provider to establish easements that are sufficient for the provision
of public services and facilities to each of the resulting lots.
2.
Each
easement must be shown on the tentative parcel map and the final parcel
map.
3.
Copies
of the unrecorded easement agreements must be submitted with the application.
The easement agreements must be recorded against the property before
the final parcel map may be approved.
N.
Improvements
Required. Each resulting lot must be developed in accordance with
improvement plans processed concurrently with the parcel map application
and approved by the city, showing the location and dimensions of all
structures, drive aisles, parking areas, pedestrian pathways, and
other improvements proposed to be constructed or to remain on each
lot.
Approval of a parcel map for an urban lot split shall be subject
to the city's approval of such related improvement plans and all related
entitlements or other approvals required by this code. Any proposed
development on one of the lots that is inconsistent with or not shown
on the improvement plans approved concurrently with the urban lot
split shall be subject to review and approval by the city in accordance
with the applicable requirements of this code.
O.
Deed
Restrictions. Prior to approval of a parcel map for an urban lot split
and/or the issuance of a building permit for the development of an
SB 9 two-unit residential development, the owner(s) of record of the
property shall provide a copy of a covenant agreement, declaration
of restrictions, or similar deed restriction ("deed restriction")
recorded against the property in a form acceptable to the city, and
that does each of the following:
1.
Expressly
requires the rental of any dwelling unit on the property be for a
term longer than 30 consecutive days.
2.
Expressly
prohibits any nonresidential use of the lot.
3.
Expressly
prohibits primary dwelling units located on the same lot from being
owned or conveyed separately from one another.
4.
Expressly
requires all fee interest in each lot and all dwellings to be held
equally and undivided by all individual owners of the lot.
5.
Expressly
prohibits condominium airspace divisions and common interest developments
on the property.
6.
States
that the property was formed and/or developed pursuant to the provisions
of this section and is therefore subject to the city regulations set
forth in this section, including all applicable limits on dwelling
size and development.
7.
Expressly
prohibits more than two dwelling units of any kind from being constructed
or maintained on a lot that results from an urban lot split.
8.
States
the following:
a.
That the deed restriction is for the benefit of and is enforceable
by the city;
b.
That the deed restriction shall run with the land and shall bind
future owners, their heirs, and successors and assigns;
c.
That lack of compliance with the deed restriction shall be good cause
for legal action against the owner(s) of the property;
d.
That, if the city is required to bring legal action to enforce the
deed restriction, then the city shall be entitled to its attorneys'
fees and court costs; and
e.
That the deed restriction may not be modified or terminated without
the prior written consent of the city.
P.
"Accessory dwelling unit (ADU)" and "junior accessory dwelling
unit (JADU)"
"Individual property owner"
"New primary dwelling unit"
"SB 9 two-unit residential development"
"Single-family residential zone"
"Urban lot split"
Definitions.
For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
shall have the meanings ascribed to these terms in Section 9.09.130.
means a natural person holding fee title individually or
jointly in the person's own name or a beneficiary of a trust that
holds fee title. "Individual property owner" does not include any
corporation or corporate person of any kind (partnership, limited
partnership, limited liability company, C corporation, S corporation,
etc.) except for a community land trust (as defined by Revenue and
Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit
corporation (as defined by Revenue and Taxation Code Section 214.15).
means either a new, additional dwelling unit that is created
or an existing dwelling unit that is expanded, but does not include
an ADU or a JADU.
shall mean a housing development containing no more than
two primary residential units within a single-family residential zone
that qualifies for ministerial review pursuant to California Government
Code Section 65852.21 and this section. A housing development contains
two residential units if the development proposes no more than two
new units or if it proposes to add one new unit to one existing primary
unit.
shall have the same meaning as in California Government Code
Section 65852.21. A single-family residential zone includes all single-family
residential zoning districts and any property within a planned unit
development district or a specific plan area where a single-family
dwelling is a permitted use, but a duplex, triplex, or multiple-family
dwelling is not a permitted or conditionally permitted use.
shall have the same meaning as stated in California Government
Code Section 66411.7.
Q.
Interpretation.
The provisions of this section shall be interpreted to be consistent
with the provisions of California Government Code Sections 65852.21
and 66411.7 and shall be applied in a manner consistent with state
law. The city shall not apply any requirement or development standard
provided for in this section to the extent prohibited by any provision
of state law.
(Ord. 990 § 7, 2022)
A.
Use
and Zoning. Supportive and transitional housing shall be considered
a residential use of property, and shall be subject only to those
restrictions that apply to other residential dwellings of the same
type in the same zone. This includes residential zones where multifamily
and mixed uses are permitted, including nonresidential zones permitting
multifamily uses, if the proposed housing development satisfies all
of the requirements of Government Code Section 65651.
B.
"Supportive housing"
"Target population"
"Transitional housing" and "transitional housing development"
Definitions.
For the purposes of this section, certain words or phrases used in
this section are defined as follows:
means a facility that provides housing with no limit on length
of stay, that is occupied by the target population as defined by Section
50675.14 of the California Health and Safety Code, and that is linked
to on-site or off-site services that assist tenants in retaining housing,
improving their health status, maximizing their ability to live and,
when possible, work in the community.
means adults with low income having one or more disabilities,
including mental illness, HIV or AIDS, substance abuse, or other chronic
health conditions, or individuals eligible for services under the
Lanterman Developmental Disabilities Services Act (Division 4.5 of
the Welfare and Institutions Code, commencing with Section 4500) and
may, among other populations, include families with children, elderly
persons, young adults aging out of the foster care system, individuals
exiting from institutional settings, veterans, or homeless people
(Health and Safety Code Section 50675.14(3)(A)).
means buildings configured as rental housing developments,
but operated under program requirements that call for the termination
of assistance and recirculation of the assisted unit to another eligible
program recipient at some predetermined future point in time, which
shall be no less than six months (Health and Safety Code Section 50675.2(h)).
(Ord. 990 § 8, 2022)
A.
Purpose
and Intent. The purpose of this section is to implement the provisions
of Government Code Section 65660 et seq. relating to low barrier navigation
centers.
B.
General
Standards. A low barrier navigation center development is a use by
right in areas zoned for mixed use and nonresidential zones permitting
multifamily uses, if it meets the following requirements:
1.
It
offers services to connect people to permanent housing through a services
plan that identifies services staffing.
2.
It
is linked to a coordinated entry system, so that staff in the interim
facility or staff who colocate in the facility may conduct assessments
and provide services to connect people to permanent housing.
3.
It
complies with Chapter 6.5 of Housing First and Coordinating Council
(commencing with Section 8255) of Division 8 of the Welfare and Institutions
Code.
4.
It
has a system for entering information regarding client stays, client
demographics, client income, and exit destination through the local
Homeless Management Information System as defined by Section 578.3
of Title 24 of the Code of Federal Regulations.
C.
Review Process. Low barrier navigation centers may be established and operated subject to nondiscretionary approval of a site plan review in compliance with Section 9.02.030 of the Moreno Valley Municipal Code.
D.
"Coordinated entry system"
"Low barrier"
1.
2.
3.
4.
"Low barrier navigation center"
Definitions.
For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning,
or otherwise defined in Government Code Sections 65660 et seq.:
means a centralized or coordinated assessment system developed
pursuant to the applicable provisions of the Code of Federal Regulations
as specified in Government Code Section 65662, and any related requirements,
designed to coordinate program participant intake, assessment, and
referrals.
means best practices to reduce barriers to entry, and may
include, but is not limited to, the following:
The presence of partners if it is not a population-specific
site, such as for survivors of domestic violence or sexual assault,
women, or youth;
Pets;
The storage of possessions; or
Privacy, such as partitions around beds in a dormitory setting
or in larger rooms containing more than two beds, or private rooms.
means a housing first, low barrier, service-enriched shelter
focused on moving people into permanent housing that provides temporary
living facilities while case managers connect individuals experiencing
homelessness to income, public benefits, health services, shelter,
and housing.
E.
Repeal.
This section shall remain in effect only until January 1, 2027, and
as of that date is repealed.
(Ord. 999 § 12, 2023)
A.
Purpose
and Intent. The purpose of this section is to ensure that group homes
do not result in an adverse impact on adjacent residential uses or
the surrounding neighborhood.
B.
Applicability. Group homes shall be permitted in any residential district subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state and federal laws, including the standards in subsection C of this section.
C.
Property
Development Standards. The following standards shall apply to group
homes:
1.
Group
homes shall be considered a residential use of property, and, except
as otherwise set forth in this section, shall be subject only to those
restrictions and standards that apply to other residential dwellings
of the same type in the same zoning district.
2.
A
group home, limited, that serves six or fewer persons shall not be
included within the definition of a boarding house, rooming house,
institution, or home for the care of minors, the aged, or persons
with mental health disorders, foster care home, guest home, rest home,
community residence, or other similar terms that imply that the residential
facility is a business run for profit or differs in any other way
from a family dwelling.
3.
A
group home, limited, that serve six or fewer persons are allowed in
all residential zoning districts a permitted use without a conditional
use or other discretionary permit.
4.
Any
sized group home shall not be located in an accessory dwelling unit
(ADU), unless the primary dwelling unit is used for the same purpose.
5.
A
group home, limited, not counting a house manager, but in no event
shall have more than seven occupants. If the dwelling unit has an
accessory dwelling unit (ADU), occupants of both units will be combined
to determine whether or not the limit of six occupants has been exceeded.
6.
A
group home, general, for more than six residents, shall be permitted
in any residential district subject to a conditional use permit, the
property development standards of the underlying district, and all
applicable local, state, and federal laws.
7.
A
group home, general, for more than six residents, is required to have
a minimum distance from any other group home, general of 300 feet,
as specified by State Health and Safety Code Section 1267.9(b).
8.
Density
shall be in accordance with the requirements of the district within
which the facility is located.
9.
Parking shall be provided based upon demonstrated need but shall not require more parking than required for other residential uses within the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of Chapter 9.11 shall also apply.
10.
Fences or walls may be required to ensure privacy and neighborhood
compatibility.
11.
Such other conditions and standards necessary to preserve and safeguard
the public health, safety or welfare of the occupants and the community
may be imposed.
D.
"Group home"
"Group home, general"
"Group home, limited"
"Sober living home"
Definitions.
For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
means a residential unit utilized as a supportive living
environment for people meeting the legal definition of disabled. A
group home operated by a single operator or service provider constitutes
a single facility, whether the facility occupies one or more dwelling
units. A group home provides housing only for a classified group of
people. No medical care, services, or treatment can take place in
a group home. Only state licensed facilities can provide care, services,
or treatment under state law (see 9.09.160, Residential care facilities).
serves seven or more persons.
serves six or fewer persons.
means a group home for people recovering from a chemical
addiction that meets the legal definition of disabled. A sober living
home provides only housing for people who have just come out of rehab
and need a place to live that is structured and supportive for those
in recovery. No medical care, services, or treatment can occur in
a sober living home. Only state licensed facilities can provide care,
services, or treatment under state law (see 9.09.160 (Residential
care facilities).
(Ord. 999 § 13, 2023)
A.
Operational Standards.
1.
Noise. Written notice shall be given to the appropriate studio whenever
any activity is proposed which may create noise levels which exceed
90 dB within 100 feet of studio property and shown in Figure 1. In
addition, written notice shall be given of any activity involving
jackhammers, and similar equipment which causes vibrations, within
500 feet of any studio. This notice shall be provided at least two
weeks in advance of the start of these activities. Permits for these
activities shall not be granted without proof of this notice.
2.
Neighbors. Studios shall provide appropriate advance notice to surrounding
residents when studio activities have the potential to adversely impact
adjacent neighborhoods.
B.
Fences and Walls. Walls and fences shall be designed to complement
the building's architecture and that of adjacent fences and walls
through the use of similar materials and construction details.
C.
Screening. Combinations of berming, landscaping, walls and buildings
shall be used to screen loading areas, storage areas, trash enclosures
and utilities from public view.
D.
Landscaping. When used as a screen, the landscaping shall be of adequate
maturity to reach the height and density sufficient to provide the
necessary screening within 18 months of installation to the satisfaction
of the Community Development Director.
E.
Signs. A sign program is required for all studios.
F.
Building Height.
|
Table 9.90.340-A
| |
|---|---|
|
Distance from Residential Zones
|
Maximum Allowable Height
|
|
50-149 feet
|
35 feet
|
|
150-299 feet
|
50 feet
|
|
300-500 feet
|
70 feet
|
|
greater than 500 ft.
|
15 stories, provided that the highest portion of the structure
shall not exceed 205 feet above the average grade of the lot.
|
G.
Building Setback.
|
Table 9.90.340-B
| |
|---|---|
|
Adjacent to residential zone
|
25 feet
|
|
Adjacent to non-residential zone
|
10 feet
|
(Ord. 1013, 6/25/2024)
