This chapter provides a general standards intended to ensure
that new or modified uses and development would produce a resort/residential
desert environment of a high quality which is harmonious with existing
and future development, and protects the use and enjoyment of neighboring
properties, consistent with the general plan.
(Ord. 777 § 1 (Exh. A),
2002)
All new or modified uses and structures (including changes in
use) shall conform with all of the following standards before construction,
change in use, or during normal operations unless specifically exempted.
These standards apply to more than one zoning district, and therefore,
are combined in this chapter. Also these standards shall be applied
in construction with the standards located in the specific zoning
districts identified in Division II (Zoning Districts).
(Ord. 777 § 1 (Exh. A),
2002)
Every use or structure shall have frontage upon a public street
or permanent means of access to a public street by way of a public
or private easement, or recorded reciprocal access agreement.
(Ord. 777 § 1 (Exh. A),
2002)
The following standards are in addition to the specific development
standards contained in the individual zoning districts identified
in Division II (Zoning Districts).
A. The
proposed development shall be of a quality and character which is
consistent with any adopted design guidelines and policies including
bulk, colors, compatibility, height, materials, roofpitch, scale,
and the preservation of privacy.
B. The
project design shall improve community appearance by avoiding excessive
variety and monotonous repetition.
C. Proposed
signs and landscaping shall be integral design elements which do not
overwhelm or dominate the project.
D. Exterior lighting shall be energy efficient, stationary, shielded and directed away from all adjoining properties and public rights-of-way in compliance with Section
17.18.050 (Exterior glare, heat, and light).
E. Mechanical
equipment, storage, trash areas, and utilities shall be located out
of public view or architecturally screened to the satisfaction of
the director. The design of all buildings shall incorporate provisions
for screening of all ground and roof-mounted mechanical equipment.
Said equipment shall be screened from view from adjacent public rights-of-way
and surrounding private property. In order to ensure screening of
roof-mounted mechanical equipment, the elevations, cross-sections
and construction plans shall clearly demonstrate to the satisfaction
of the planning division and building official that the roof-mounted
equipment will be at or below parapet height or approved architectural
screening device.
F. Site
access, parking, loading, and drive aisles shall be designed to be
safe and efficient.
G. The
proposed development shall be designed to protect sensitive land uses
by promoting a harmonious and compatible transition in terms of scale
and character between areas of different land uses/zoning districts.
H. All
structure elevations shall be architecturally treated and enhanced
appropriate to the structure's use and surrounding structures and
uses.
I. Accessory
structures, including parking structures, shall be architecturally
compatible with both the main (on-site) and surrounding structures.
J. Both
sides of all perimeter walls or fences shall be architecturally treated.
K. Additions
and alterations to existing structures shall be substantially the
same in appearance (or an improvement, if determined necessary by
the director) as the original, to the greatest extent possible, especially
use of exterior color, materials, and roof line(s).
L. Except for single-family parcels, no portion of a parcel shall be unimproved at the time of occupancy. All unpaved areas shall be graded, planted, and properly maintained at all times in compliance with Chapter
17.24 (Landscaping Standards).
(Ord. 777 § 1 (Exh. A),
2002; Ord. 1023 § 2, 2011)
All development proposals shall be evaluated in compliance with
the California Environmental Quality Act (CEQA).
(Ord. 777 § 1 (Exh. A),
2002)
Structure walls tend to be the main architectural and visual
feature in any development. Consequently, the following standards
shall apply to all exterior structure wall construction.
A. Structure
Wall Materials. The number of permissible finish materials shall be
limited. The harmony of materials and particularly color treatment
is essential to achieve unity in the project. Because the desert setting
suggests a textured wall surface, the recommended exterior wall finish
materials are textured stucco, concrete, or concrete blocks. Stucco
coloring in residential developments and concrete coloring in other
structures shall be restricted to being generally light in tone.
B. Prohibited
Elements. The following elements are deemed unacceptable in any development
and shall be prohibited:
1. Nonanodized
and unpainted aluminum finished window frame;
2. Metal
grilles and façades; however, grilles and facades of unique
design and in keeping with the general decor of the development and
neighborhood may be allowed subject to the approval of the director;
3. Aluminum
or other metal panels, or reflective mirror type glass windows or
panels.
C. Maintenance. Exterior walls shall be constructed, treated, and maintained in compliance with Municipal Code Section
8.16.075 (Graffiti prevention and removal).
(Ord. 777 § 1 (Exh. A),
2002)
The following standards shall apply to the installation of all
fences, hedges, and walls.
A. On
a corner parcel, no fence, hedge, sign, wall or other structure, shrubbery,
mounds of earth, or other visual obstruction over thirty-six inches
in height above the nearest street curb elevation shall be erected,
placed, planted, or allowed to grow within a traffic safety-sight
area. (See Figure 3-x.) This provision shall not apply to public utility
poles; trees trimmed (to the trunk) to a line at least six feet above
the elevation of the intersection; saplings or plant species of open
growth habits and not planted in the form of a hedge, which are so
planted and trimmed as to leave, at all seasons, a clear and unobstructed
crossview; supporting members of appurtenances to permanent structures
existing on the date that this title becomes effective; and official
warning signs or signals, including utility boxes.
B. Except
for custom single-family residences located within private gated developments,
a maximum six-foot high fence, or wall may be located anywhere on
a parcel except in a traffic safety-sight area, required front setback
or street-side setback. The maximum height of fences and walls within
the required front or street side yard setback shall be thirty-six
inches. The maximum height of any obstruction within a safety sight
triangle shall also be thirty-six inches or as required by other provisions
of this title. An exception to this provision is the allowance of
fencing required by the state for the purpose of enclosing swimming
pools, spas, and other bodies of water over twenty-four inches in
depth, in which case the fencing may encroach up to five feet into
the required front setback and may be up to six feet in height.
Custom single-family residences located within private gated
developments may have up to a six-foot high architectural wall or
fence located within the required front yard setback provided that
the wall or fence is located at least ten feet away from the property
line and permitted by the applicable CC&Rs and approved by the
applicable HOA. To decrease the visual impact of the height of the
wall/fence in relation to the street, a one-foot high earthen mound
or planter box shall be installed. For walls less than five feet high,
mounding is not required. Vehicle access gates may be located within
the front yard setback but shall not be less than seventeen feet from
the front property line provided they are allowed by the HOA and approved
by the Fire Marshal.
All fencing and walls shall be constructed of stone, masonry,
or wrought iron. Alternative materials may be considered by the Director
provided all the following requirements are met to the Director's
satisfaction:
1. Material
is of high quality;
2. Material
is painted or architecturally treated on both sides;
3. Material
complements the architectural design of the associated residence;
4. Any
existing onsite fencing is upgraded, where necessary, to match the
new material.
Another exception to this provision is the allowance of heightened perimeter walls and fencing for security purposes, in compliance with Section 17.20.120 (Private community walls and gates).
|
C. When
there is a difference in the ground level between two adjoining parcels,
the height of any fence or wall constructed along the common property
line shall be determined using the finished grade of the highest contiguous
parcel.
D. Only one type of fence or wall design shall be allowed on any one parcel or development. The design may include an appropriate mix of materials subject to the approval of the director. As an exception to this provision wrought iron fencing may be used to enclose a pool and/or spa, although wrought iron is not used elsewhere on the subject site; and enhanced security wall and fencing, in compliance with Section
17.20.120 (Private community walls and gates), may utilize a mixture of wall and fence types, subject to approval of the director.
E. The
provisions of this section shall not apply to a fence or wall required
by any law or regulation of the city, state, or any agency thereof.
F. The
use of barbed wire, electrified fence, or razor wire fence in conjunction
with any fence, hedge, or wall, or by itself within any zoning district,
is prohibited unless required by any law or regulation of the city
or applicable state agency.
G. Chain
link fencing shall be allowed only as follows:
1. In
the R-E zoning district where the fencing is located on the property
line and planted with vegetation that would screen the fence from
adjacent properties and public areas;
2. In
conjunction with approved tennis courts, private and commercial, in
any zoning district;
3. Where
it is required by any law or regulation of the city or applicable
state agency;
4. For
the purpose of increased security where existing landscaping would
totally screen the full height of the proposed fence;
5. To
provide a barrier between bighorn sheep habitat and developed areas
of the city;
6. Significant
exposure of existing chain link fencing to the general public shall
not be allowed and shall cause the nonconforming fencing to be removed.
The director shall have the authority to determine whether or not
a nonconforming fence is significantly exposed to public view. Chain
link fences shall be removed within two hundred seventy days of receipt
of a city notice, unless a discretionary extension of time is granted
by the review authority, subject to the approval of an Abatement Agreement,
in compliance with Municipal Code Title 14 "Code Compliance and Remedies";
7. If
an exposed chain link fence is determined by the director to be unsightly
due to instability, damage, or weathering, the fencing shall either
be aligned, stabilized, repaired, and refurbished to an appearance
acceptable to the director or shall be removed within sixty days of
receipt of city notification;
8. Where
a perimeter chain link fence has been removed a new conforming fence
or wall shall be immediately installed as replacement fencing around
walled or gated communities. The replacement fencing and any new or
replacement parkway landscaping shall be in compliance with a development
plan permit modification approved by the commission;
9. In the event that removal of landscaping and nonconforming fencing results in a parkway that is devoid of landscaping, the parkway shall be landscaped in compliance with Section
17.24.050 (Parkway treatment standards).
H. Deteriorated
or unsightly walls which are exposed to public view shall be restored
to an appearance similar to their original condition within sixty
days of receipt of city notification. The director shall determine
if the exposed wall is deteriorated or unsightly. Any change of wall
height or finish color shall be subject to the approval of the director.
I. Wall
pilasters shall not exceed six feet six inches in height within the
side and rear setbacks.
J. For
residential single-family parcels, any entry gate, with a maximum
height of six feet with maximum six-foot high pilasters to support
the gate, may be constructed no wider than twenty-five feet within
the front twenty-five-foot setback. Any gate or pilaster shall have
a minimum setback of twenty feet from the curb. The perimeter wall
with-in the front setback shall transition from the height of the
pilaster to the required perimeter wall height of three feet or to
the required pool fencing height of four feet. The transition distance
for each proposal shall be subject to the approval of the director.
K. Fences and walls shall be constructed, treated, and maintained in compliance with Municipal Code Section
8.16.075 (Graffiti prevention and removal).
(Ord. 777 § 1 (Exh. A),
2002; Ord. 916 § 7, 2006; Ord. 1023 § 2, 2011; Ord. 1090 § 2, 2015; Ord. 1159 § 2, 2019)
All uses and structures shall meet the requirements of the fire
department.
(Ord. 777 § 1 (Exh. A),
2002)
The following standards are intended to ensure that the use,
handling, storage, and transportation of hazardous substances comply
with all applicable state laws (
Government Code Section 65850.2 and
Health and Safety Code Section 25505 et seq.). It is not the intent
of these provisions to impose additional restrictions on the management
of hazardous wastes, which would be contrary to state law, but only
to require reporting of information to the city that shall be provided
to other public agencies.
For the purposes of this section, hazardous substances shall
include all substances on the comprehensive master list of hazardous
substances compiled and maintained by the California Department of
Health Services.
A. Permit Required. A conditional use permit in compliance with Chapter
17.48 shall be required for any new commercial, industrial, institutional, or accessory use, or major addition (over twenty-five percent) to an existing use, that involves the manufacture, storage, handling, or processing of hazardous substances in sufficient quantities that would require permits as hazardous chemicals under the Uniform Fire Code, with the following exceptions:
1. Underground
storage of bulk flammable and combustible liquids; or
2. Hazardous
substances in container sizes of ten gallons or less that are stored
or maintained for the purpose of retail or wholesale sales.
B. Response
Plans. All businesses required by state law (
Health and Safety Code,
Chapter 10.95) to prepare hazardous materials release response plans
shall submit copies of these plans, including any revisions, to the
director at the same time these plans are submitted to the fire department
which is responsible for administering these provisions.
C. Underground
Storage. Underground storage of hazardous substances shall comply
with all applicable requirements of state law (
Health and Safety Code,
Chapter 10.7; and Section 79.113(a) of the Uniform Fire Code). Any
business that uses underground storage tanks shall comply with the
following notification procedures:
1. Notify
the fire department of any unauthorized release of hazardous substances
immediately after the release has been detected and the steps taken
to control the release; and
2. Notify
the fire department and the director of any proposed abandoning, closing,
or ceasing operation of an underground storage tank and the actions
to be taken to dispose of any hazardous substances.
D. Above-Ground
Storage. Above-ground storage tanks for any flammable liquids shall
be allowed, subject to the approval of the fire department.
E. Setbacks
from Natural Gas or Petroleum Pipelines.
1. All structures subject to the provisions of this title as well as all newly created parcels shall be designed to accommodate a setback of at least one hundred feet from any existing natural gas or petroleum pipeline (see definition in subsection
(E)(2)). This setback may be reduced, only if the director can make one or more of the following findings:
a. The structure would be protected from the radiant heat of an explosion
by berming or other physical barriers;
b. A one hundred-foot setback would be impractical or unnecessary because
of existing topography, streets, parcel lines, or easements; or
c. A hazardous liquid containment system or other mitigating facility
shall be constructed, and the city engineer finds that a leak would
accumulate within the reduced setback area. The design of the system
shall be subject to the approval of the city engineer.
2. For
the purpose of this subsection, a pipeline shall be defined as follows:
a. A pipe with a nominal diameter of six inches or more, that is used
to transport hazardous liquid, but does not include a pipe used to
transport or store hazardous liquid within a refinery, storage, or
manufacturing facility; or
b. A pipe with a nominal diameter of six inches or more operated at
a pressure of more than two hundred seventy-five pounds for each square
inch that carries gas.
3. A
subdivider of a development within five hundred feet of a pipeline
shall notify a new or potential owner at the time of purchase and
at the close of escrow of the location, size, and type of pipeline.
(Ord. 777 § 1 (Exh. A),
2002)
All structures shall meet the following standards relating to height, except for fences, hedges, and walls, which shall be in compliance with Section
17.20.070 (Fences, hedges, and walls):
A. Additional
Height Restrictions. In all zoning districts the maximum building
height shall not exceed twenty feet as measured from the "finished
grade" to the highest point of the structure, excluding chimneys and
vents. The number of stories shall be limited to one story (unless
otherwise provided in this section) when meeting applicable set-back
requirements. However, this building height may be increased and up
to one additional story may be permitted by the council as part of
a development plan application, subject to the following:
1. In
addition to the minimum required setbacks, the setbacks shall be increased
at a minimum rate of two feet for each one foot of additional building
height above twenty feet, which shall be measured from the property
line to each portion of the building that exceeds twenty feet; however,
the council in exercising their discretion may require significantly
greater setbacks.
2. Enhanced
buffering to surrounding properties and the appropriateness of understructure
parking shall be evaluated and related conditions of approval may
be imposed by the council to mitigate any potential negative impacts
on surrounding properties.
3. A
visual and spatial analysis relating building proportions, massing,
height, and setback shall be conducted to preserve and enhance the
scenic viewshed and related conditions of approval may be imposed
by the council to mitigate any potential negative impacts on scenic
viewsheds.
4. The
need and appropriateness of the additional height shall be demonstrated
to the satisfaction of the council.
5. Compatibility
and harmony with surrounding development, land uses designations,
and zoning shall be demonstrated subject to the satisfaction of the
council and related conditions of approval may be imposed by the council
to mitigate any potential negative impacts on the compatibility and
harmony with surrounding development, land use designations, and zoning.
B. Amendments.
Any amendment to this section relating to residential development
must be approved by a majority of the voters voting at an election.
C. This
section shall not be applicable to development pursuant to specific
plans approved or amended by ordinance as set forth in Government
Code Section 65450 et seq.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 895 § 1, 2004; Ord. 945 § 1, 2006)
A. There
shall be no visible outdoor storage of motor vehicles (parked at the
same location for a period exceeding forty-eight continuous hours),
airplanes, boats, trailers, or their composite parts; loose rubbish,
garbage, junk, or their receptacles; tents; or building or manufacturing
materials on any portion of a parcel, with the exception of recreational
vehicles in compliance with Municipal Code Chapter 10.74 (Recreational
Vehicles).
B. Vehicles
shall not be stored or displayed for sale on any vacant parcel.
C. Building
materials for use on the same premises may be stored on the parcel
only during the time that a valid Building Permit is in effect for
on-site construction.
(Ord. 777 § 1 (Exh. A),
2002)
Private community walls and entries are subject to approval of a development plan permit in compliance with Chapter
17.42, and shall be constructed in the following manner:
A. The
adequacy of vehicle stacking space for all private community gated
entries shall be determined by the director. The primary concern shall
be the minimum distance required between the street curb and the point
where visitors are required to stop before seeking entry.
Factors influencing the minimum distance include the types and
number of residential units, type and number of gates serving the
development, number of entry lanes, and methods of allowable entry.
B. The
perimeter wall shall not exceed six feet in height, measured from
the street side finished grade of the property. Perimeter walls or
fences may exceed six feet, up to a maximum of ten feet in height
for increased security, if all of the following requirements are met:
1. Walls
and fencing exceeding six feet in height shall be subject to approval
or modification of a development plan permit;
2. Increased
wall heights shall be allowed only where the perimeter walls or fencing
would not be seen from public streets. Screening shall be permanently
maintained at a height that would completely block the view of the
walls or fencing; and
3. Walls
or fencing exceeding six feet in height shall be:
a. Allowed only in locations where other contiguous existing or future
residents views would not be adversely impacted,
b. Allowed only where the wall or fence location meets the required parkway setback distance along streets, in compliance with Section
17.20.070 (Fences, hedges, and walls), and
c. Installed only if the applicant demonstrates to the satisfaction
of the city building official that all structural requirements would
be met.
C. The perimeter walls shall be located in compliance with the minimum parkway buffer area and corner treatment area identified in Chapter
17.24 (Landscaping Standards); and
D. The
wall shall be architecturally treated on both sides. Painted block
walls shall not be considered architecturally treated.
(Ord. 777 § 1 (Exh. A),
2002)
A. In
all zoning districts, any new development or remodel construction
valued at fifty percent or more of the assessed valuation of the main
structure as determined by the city building official shall require
the dedication of the public right-of-way for public street purposes
and the construction of the public street improvements as required
by the city engineer, in a manner consistent with the general plan.
B. The
needed public right-of-way and/or public street improvement shall
reflect an essential nexus (e.g., an identifiable relationship) between
the dedication and/or improvement and a legitimate government interest.
C. The
city engineer may determine that a security or cash-in-lieu of construction
may be paid for the public street improvement(s) to occur at a future
date, as solely determined by the city engineer.
(Ord. 777 § 1 (Exh. A),
2002)
This section establishes standards for the screening, buffering,
and separation of adjoining residential and nonresidential land uses.
A. Screening
Between Different Land Uses. Wherever a parcel zoned for commercial,
industrial, or institutional purposes adjoins a residential zoning
district/use, at the time of nonresidential construction there shall
be erected along the property line adjoining the residential zoning
district/use a six-foot high solid decorative wall with a stucco or
equivalent finish. The wall shall be architecturally treated on both
sides, subject to the approval of the director. The wall separating
the nonresidential use from adjoining residential use/district may
exceed six feet, up to a maximum of eight feet in height for increased
screening, as measured from the finished grade of the affected residential
property, if all of the following requirements are met:
1. Walls
exceeding six feet in height shall be subject to approval or modification
of a development plan permit;
2. Increased
wall heights shall be allowed where additional height is necessary
to protect the privacy of residents from intrusive elements of adjacent
nonresidential development;
3. Increased
wall heights shall be allowed only in locations where existing or
future residents' mountain views would not be adversely impacted;
and
4. Walls
exceeding six feet in height may be installed only if all structural
requirements are met as determined by the city building official.
B. Mechanical
Equipment. Any mechanical equipment, whether on the roof, side of
structure, or ground, shall be properly screened from public view.
The method of screening shall be architecturally compatible in terms
of colors, materials, shape, and size. The screening design and construction
shall be subject to the approval of the director and shall blend with
the design of the structure and include appropriately installed and
maintained landscaping when on the ground. In addition, mechanical
equipment and screening shall be installed as follows:
1. Located
back of the front setback line;
2. Vents
located not less than five feet from any screening wall; and
3. Screening
wall material, color, and textures to match the adjoining structure
or the perimeter wall.
C. Noise
Buffering. Walls separating residential properties from adjacent arterial
streets may exceed six feet, up to a maximum of eight feet, as measured
from the finished grade of the residential property if all of the
following requirements are met:
1. The
additional height is necessary to reduce existing motor vehicle noise
levels below the 65 Community Equivalent Noise Level (CNEL) as measured
from the affected residential property;
2. Adjacent
roadway noise levels shall first be minimized by the application of
asphalt rubber hot mix as a prior noise mitigation measure;
3. Additional
wall height and materials at existing residential developments shall
be uniformly applied over the entire length of the wall segment facing
the public street, subject to the director's approval;
4. Enhanced
landscaping shall be installed in the public street parkway to soften
the appearance of the higher wall, subject to the director's approval;
and
5. Walls
exceeding six feet in height may be installed if all structural requirements
are met as determined by the city building official.
D. Solar
Collectors. Solar collectors, pursuant to the Solar Rights Act of
1978 (as amended), shall be allowed on the roof of all permitted residential
and commercial structures including public facilities. Solar collectors
shall not extend above the maximum allowable height of the structure.
Collectors may be mounted on racks which are suitably enclosed, screened
behind a parapet wall or otherwise architecturally designed to blend
in with the proposed or existing structure and screen any support
structure mechanisms. Manifolds, supply and return lines shall be
painted to match the adjacent building or roof surface.
1. All
new residential construction shall be "solar ready," meaning that
electrical panel capacity is provided, and conduits are provided within
the walls and/or attic space to a roof connection for PV panels.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 931 § 1, 2006; Ord. 1023 § 2, 2011; Ord. 1070 § 2, 2013)
This section provides standards for the use and minimum size
of required setbacks. These standards are intended to provide open
areas around structures for: visibility and traffic safety; access
to and around structures; access to natural light, ventilation, and
direct sunlight; separation of land uses; and space for privacy, landscaping,
mass and scale buffering, noise buffering and recreation.
A. Setback
Requirements.
1. All
structures shall comply with the setback requirements of the applicable
zoning district established by Division II (Zoning Districts), and
with any special setbacks established for specific uses by this title,
except as otherwise provided by this section.
2. Portions
of a structure, including eaves or roof overhangs, shall not extend
beyond a property line, or into an access easement or street right-of-way.
3. Each
required setback shall be open and unobstructed from the ground upward,
except as provided in this section.
4. Legally built structures with nonconforming side yard setbacks shall comply with Chapter
17.70 (Nonconforming Uses, Sites and Structures).
B. Projections/Construction
Allowable in Setbacks. The following projections/construction are
allowed within required setbacks:
1. Front
Setback. Regulation height fences and walls, roof overhangs, up to
thirty percent of the required setback, entry gates, attached pilasters,
pools and spas1 and fencing required for
pool enclosures;
1 Along private streets within walled
and gated developments, front yard pools and spas may be located ten
feet from the front property line.
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2. Rear
Setback. Roof overhangs up to thirty percent of the required setback,
patio covers, tennis courts2, gazebos and
other accessory uses; provided, there is no projection within ten
feet of the property line. In planned residential developments, this
setback may vary. Pools and spas shall be located a minimum of five
feet from a side or rear property line. Mechanical equipment and associated
screening may be located anywhere in the rear setback;
2 Tennis courts that are recessed five feet, have no lights, and are designed to meet the requirements specified in Section 17.20.120 (Private community walls and gates) may be set back three feet from the rear property line.
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3. Side Setback. Roof overhangs up to thirty percent of the required setback, mechanical equipment, and tennis courts, and property boundary walls in compliance with Section
17.20.120 (Private community walls and gates). Pools and spas shall be located a minimum of five feet from a side or rear property line;
4. Along
private streets within walled and gated developments front yard pools
and spas may be located ten feet from the front property line; and
5. Tennis courts that are recessed five feet, have no lights, and are designed to meet the requirements specified in Section
17.20.120 (Private community walls and gates), may be set back three feet from the rear property line.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 832 § 2, 2003; Ord. 1023 § 2, 2011; Ord. 1062 § 2, 2013; Ord. 1159 § 2, 2019)
The following provisions establish standards for the construction
and operation of solid waste and recyclable material storage areas
in compliance with state law (California Solid Waste Reuse and Recycling
Access Act (
Public Resources Code Sections 42900 through 42911)).
A. Definitions.
Recyclable material, also referred to as recyclables is reusable material
including glass, metals, paper, and plastic which are intended for
reuse, remanufacture, or reconstitution for the purpose of using the
altered form. Recyclable material does not include refuse or hazardous
waste or hazardous waste materials. Solid waste is the remaining discarded
materials.
B. Application.
The department shall not issue any ministerial or discretionary permit
or approval for new construction or remodeling unless the permit or
approval is in compliance with this section. The applicant shall provide
a complete set of plans illustrating compliance with the following
standards:
1. Residential
Structures. Residential development shall provide solid waste and
recyclable material storage areas as follows:
a. Individual Unit Storage Requirements. Each dwelling unit shall include
an area with a minimum of six cubic feet designed for the enclosed
storage of recyclable material within the living area of the dwelling
unit.
b. Common Storage Requirements. The following are minimum requirements
for common solid waste and recyclable material storage areas for multifamily
developments, which may be located indoors or outdoors as long as
they are readily accessible to all residents. These requirements apply
to each individual structure. All required areas are measured in square
feet.
Table 3-1
|
---|
Multifamily Development Minimum Storage Areas Required (Sq.
Ft.)
|
---|
Number of Dwellings
|
Solid Waste
|
Recycling
|
Total Area
|
---|
Up to 25
|
90
|
90
|
180
|
26—60
|
165
|
120
|
285
|
61—100
|
250
|
165
|
415
|
101—150
|
330
|
250
|
580
|
151—200
|
420
|
330
|
750
|
201+
|
Every additional 50 dwellings shall require an additional 80
sq. ft. for solid waste and 80 sq. ft. for recyclables.
|
2. Nonresidential
Uses and Structures. Nonresidential uses and structures within all
zoning districts shall provide solid waste and recyclable material
storage areas. The following are minimum storage area requirements.
These requirements apply to each individual structure. All required
areas are measured in square feet.
Table 3-2
|
---|
Nonresidential Structures Minimum Storage Areas Required (Sq.
Ft.)
|
---|
Building Floor Area (sq. ft.)
|
Solid Waste
|
Recycling
|
Total Area
|
---|
Up to 5,000
|
90
|
50
|
140
|
5,001—20,000
|
90
|
70
|
160
|
20,001—50,000
|
165
|
90
|
255
|
50,001—75,000
|
250
|
125
|
375
|
75,001—100,000
|
330
|
165
|
495
|
100,001+
|
Every additional 25,000 sq. ft. shall require an additional
80 sq. ft. for solid waste and 50 sq. ft. for recyclables.
|
3. Location
and Design Requirements. Solid waste and recyclable materials storage
areas shall be located and constructed in the following manner:
a. Solid waste and recyclable material storage shall be adjacent or
combined with one another. They may only be located inside a specially-designated
structure, designed and constructed to provide adequate screening
and area for the receptacles. The enclosures shall have solid block
walls six feet in height on three sides and an opaque solid metal
gate(s) at least six feet in height on the fourth side. Both sides
of the gate(s) and walls shall be architecturally compatible with
the surrounding structures. The gate(s) shall be maintained in working
order and shall remain closed when not in use. Solid waste receptacles
for single-family residences shall be kept within the enclosed garage
or other enclosed indoor or outdoor space that is suitably screened
from public view;
Exceptions to the enclosure dimensional and design requirements
may be made from time to time by the director in response to site
or other existing or proposed design constraints, amount of solid
waste and/or recyclable materials generated, and changes in technology
or methods. In all cases, however, suitable provisions shall be made
and maintained to sufficiently accommodate the solid waste and/or
recyclable materials generated;
b. Enclosures shall have a pedestrian entrance separate from the main
enclosure gate(s) to enable convenient access to the receptacles without
having to open and close the gate(s). The pedestrian entrance shall
be designed to not reduce the screening effect of the enclosure and
shall be connected to a paved surface or pathway by a sidewalk;
c. Enclosures shall be conveniently located in relation to adjacent
uses and structures to promote the proper disposal of solid waste
and recyclable materials. An enclosure may be shared by more than
one use; provided, the enclosure is accessible, convenient, and adequate
for all users;
d. Enclosures shall be located within curbed areas and, except at access
points, surrounded by a minimum three-foot wide planter landscaped
with groundcover and shrubs capable of vertically screening the enclosures;
e. Enclosures shall not be allowed in street parkways, nor located in
a manner which is insensitive to adjacent uses because of potential
noise, odor, and other undesirable impacts. Whenever possible, enclosures
shall be located away from public and private streets, project entrances,
and the front of a structure so as to be inconspicuous from public
view;
f. Whenever feasible, existing development required to provide an area
for recyclable materials shall utilize existing solid waste enclosures
if in compliance with this section. For existing development, the
director may approve the use of one parking space, a landscape area,
or open space in order to meet the enclosure and receptacle requirement
for recyclable materials when provided in compliance with this section
and when determined by the director that the loss of a parking space,
landscaping area, or open space area does not negatively effect the
public health, safety, and welfare;
g. Driveways or travel aisles shall provide unobstructed access, maneuvering
room, and height clearance for vehicles accessing the enclosures;
h. Enclosures shall be maintained free of litter, insects, rodents,
and other undesirable aspects or elements. Solid waste and recyclable
materials shall not be allowed to accumulate around or within or above
the walls of the enclosures in order to avoid creating a visual, public
health, or safety nuisance;
i. Receptacles for solid waste and recyclable materials shall be kept
covered to protect contents from the elements and help reduce odor,
windblown debris, scavenging, and other undesirable aspects or activities;
j. The design and construction of enclosures and receptacles shall not
prevent the securing of any recyclable materials placed therein. Whenever
possible, receptacles that enable the convenient collection of recyclable
materials, while preventing unauthorized removal, shall be used; and
one international recycling logo sign, not exceeding one square foot
and finished in the colors of the enclosure shall be placed on the
exterior of each enclosure where a recycling receptacle(s) is located.
Decorative masonry and metal mixed with wood elements
create a pleasant solid waste and recyclable material enclosure.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 1023 § 2, 2011)
Utilities shall be placed underground in compliance with Municipal Code Chapter
12.16 (Underground Utility Lines). In the event an above-ground electrical transformer or other above ground utility cabinets are located outdoors on any site, it shall be screened from public view with a solid wall and/or landscaping and not located in. any sidewalk area. If it cannot be screened to the satisfaction of the director, it shall be located in an underground vault. The applicable review authority may waive any portion of this section if topographical, soil, or similar physical or economic conditions make the undergrounding unreasonable or impractical.
(Ord. 777 § 1 (Exh. A),
2002)
All uses shall be subject to the applicable provisions of this
title, including the procedures identified in the following chapters:
17.48 Conditional Use Permits
17.42 Development Plan Permits
17.24 Landscaping Standards
17.50 Minor Variances
17.26 Parking and Loading Standards
17.28 Signs
17.46 Temporary Use Permits
17.52 Variances.
(Ord. 777 § 1 (Exh. A),
2002)