This chapter provides site planning and development standards
for land uses that are allowed by Division II (Zoning Districts) in
individual or multiple zoning districts, and for activities that require
special standards to mitigate their potential adverse impacts.
(Ord. 777 § 1 (Exh. A),
2002)
Land uses and activities covered by this chapter shall comply
with the provisions of the sections applicable to the specific use,
in addition to all other applicable provisions of this title.
A. Where
Allowed. The uses that are subject to the standards in this chapter
shall be located in compliance with the requirements of Division II
(Zoning Districts).
B. Land
Use Permit Requirements. The uses that are subject to the standards
in this chapter shall be authorized by the land use permit or approval
required by Division II (Zoning Districts), except where a land use
permit or approval requirement is established by this chapter for
a specific use.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides location, developmental, and operational
standards that are intended to ensure that the raising and maintenance
of domestic animals does not create adverse impacts on adjacent properties
by reason of bright lights, dust, fumes, insect infestations, noise,
odor, or visual blight.
A. Household
Pets. Animals and fowl commonly considered as household pets may be
kept as an accessory use of residential property; provided, the animals
and fowl are kept in a humane and sanitary manner and in compliance
with the provisions of this section.
B. Dogs
and Cats. Not more than three dogs or three cats, or any combination
of three dogs and cats, over the age of ninety days shall be kept
or maintained at any one place of residence, as designated by a single
street address number in the city.
C. Keeping
of Horses. The following regulations are established for the keeping
of horses:
1. All
parcels shall have a minimum of one net acre for the keeping of horses.
The director may consider an application for the keeping of one horse
on parcels less than one net acre, but no less than three-fourths
net acre, upon the applicant obtaining written permission of all adjoining
property owners and in compliance with this section;
2. The
following acreage and numbers of horses are the maximum allowable:
Table 3-14
|
---|
Maximum Number of Horses Allowed
|
---|
Acreage
|
Maximum Allowed
|
---|
1—2 net acres
|
3
|
2+ net acres
|
4
|
3. A
horse corral or barn shall be kept no closer than twenty-five feet
to an adjacent property line;
4. All
horses shall be provided with adequate fenced enclosures, to contain
them within the boundaries of the owner's property, subject to the
approval of the director; and
5. An
application for the keeping of horses shall contain a detailed description
outlining the proposed method(s) of controlling dust, insects, odors,
sanitation, and other considerations required by the director.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 1065 § 2, 2013)
This section provides locational, developmental, and operational
standards for senior assisted living facilities, in compliance with
state law and in a manner that recognizes the needs of senior care
operators and minimizes negative impacts on adjoining properties.
The establishment of a senior assisted living facility is allowed
in the R-H and O zoning districts, subject to approval of a development
plan permit and in the R-M and M-U zoning districts subject to approval
of a conditional use permit, and the following criteria and standards:
A. Parking
Requirements.
1. The
operator of an assisted living facility shall provide an area for
off-street parking at a minimum ratio of 0.5 spaces for each dwelling
unit.
a. Up to twenty percent of these spaces may be shown on the site plan,
landscaped, but not installed. Future installation of these spaces
shall be secured for a period of five years with a financial deposit
to the city.
b. A specially dimensioned parking space for an enlarged shuttle van
may also be required.
2. It
shall be demonstrated that traffic generation is comparable to or
less than that which would be generated by other allowed uses in the
same zoning district.
B. Density.
1. The
maximum density of the underlying zoning district shall not apply.
Instead, it shall be demonstrated that structure mass and scale and
traffic generation rates shall be less than or comparable to other
allowed uses in the same zoning district.
2. Maximum
parcel coverage shall be thirty percent in residential zoning districts
and thirty-five percent in nonresidential zoning districts.
C. Structure
Height Limits.
1. Up to sixty percent of the structure footprint may be up to two stories in height. Second story elements shall be in compliance with Chapter
17.20 (General Property Development and Use Standards).
2. Assisted
living facilities shall not exceed two stories in height.
D. Dwelling
Unit Size.
1. The
minimum dwelling unit size shall be four hundred square feet for a
studio and five hundred square feet for a one-bedroom unit. Up to
twenty-five square feet of the patio or balcony space may count towards
the minimum unit size.
2. Minimum room sizes shall be in compliance with Section
17.30.110 (Minimum dwelling room size standards).
E. Site
Design.
1. The
exterior of all resident windows shall be architecturally treated.
Special consideration shall be given to solar protection with roof
and/or window overhangs, awnings (either fixed or adjustable), architectural
protrusions, or attachments.
2. A
covered pick-up/drop off lane immediately adjacent to the main entrance
shall be provided. The minimum length (stacking distance) for this
lane shall be calculated by multiplying the number of dwelling units
by 0.5 which converts to the number of feet required for the minimum
length of the pick-up/drop off lane.
F. Common
Area Space.
1. Dwelling
units shall be no further than one hundred fifty horizontal feet from
the dining area.
2. Hand
rails shall be consistent with ADA standards.
3. Skylights
and windows shall be required where feasible in interior hallways.
4. All
second story units shall be accessible by elevator.
5. All
elevators shall be large enough for a gurney.
G. Interior
of Individual Dwelling Units.
1. All
dwelling units shall have at least two alarm/call buttons connected
to a twenty-four-hour staffed administrative desk or lifeline emergency
response system. One call button shall be located in the bathroom.
2. All
independent living and assisted care units shall include a private
or semi-private patio or balcony of sufficient size to accommodate
a chair and a small table.
3. The
windows in dwelling units shall have low sill heights to allow residents
in bed or seated to see outside.
4. To
enlarge the apparent space in independent living and assisted care
units, where possible interior ceiling heights (excluding bathrooms,
closets, and hallways) shall be eight feet tall or more.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides locational, developmental, and operational
standards for the development and operation of bed and breakfast establishments.
A. Bed
and breakfast (B&B) establishments are allowed in the M-U zoning
districts subject to the approval of a conditional use permit. B&B
establishments shall be developed and operated in compliance with
the following standards.
B. The
parcel upon which the B&B establishment is to be developed and
operated shall conform to all standards of the M-U zoning district.
C. Meal
service shall be limited to the provision of meals for registered
guests only.
D. There
shall be no additional food preparation areas for the guests.
E. Receptions,
private parties, or activities, for which a fee is paid or which is
allowable as a condition of room rental, shall not be allowed.
F. A current city business license shall be maintained and displayed in compliance with Municipal Code Chapter
5.04 (Business Licenses and Fees Generally).
G. All B&Bs shall be subject to the city's transient occupancy tax in compliance with Municipal Code Chapter
3.24 (Transient Occupancy Tax).
H. Off-street
parking shall be provided at a ratio of one space for each bedroom
available for rent in addition to the parking required for the main
dwelling unit. This parking shall not be located within the required
front setback.
I. Signs shall be limited to one on-site sign not to exceed three square feet in area and shall be installed and maintained in compliance with Chapter
17.28 (Signs). In the event of alley access to a guest parking area, a second sign, not to exceed two square feet in area, may be approved by the director in order to identify the parking area.
J. The
B&B shall meet all of the requirements of the fire department.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides definitions and applicability provisions
for small family day care homes, large family day care homes, and
child day care centers as well as locational, developmental, and operational
standards for child day care centers, in compliance with state law
and in a manner that recognizes the needs of child care operators
and minimizes negative impacts on adjoining properties. These standards
apply in addition to the other provisions of this title and the requirements
of the California Department of Social Services. Licensing by the
Department of Social Services is required for all child day care facilities
identified in this section.
The establishment of a child day care facility shall comply
with Division II (Zoning Districts), and the following criteria and
standards.
A. Applicability.
Child day care facilities shall be allowed as follows:
1. Small
Family Day Care Homes (Eight or Fewer Children). Allowed within a
single-family residence located in a residential district, and the
M-U zoning district;
2. Large Family Day Care Homes (Nine to Fourteen Children). Allowed within a single-family residence located in a residential zoning district (except R-HR), commercial zoning districts, and the M-U, I-L, and P zoning districts, subject to approval of a development plan permit, in compliance with Chapter
17.42; and
3. Child Day Care Centers (Up to Thirty Children). Allowed in commercial zoning districts, I-L, and P zoning districts, subject to approval of a conditional use permit, in compliance with Chapter
17.48, and the standards identified in subsection
B, immediately below.
B. Standards
for Child Day Care Centers. The following standards shall apply to
child day care centers which are designed to provide care for up to
thirty children.
1. The
minimum parcel size for a child day care center shall be ten thousand
square feet.
2. Off-street
parking shall be as determined through the granting of the required
permit or approval.
3. A
safe area for picking up and dropping off children and a vehicle stacking
area, if required, shall be provided. This activity shall only be
allowed in a driveway, in an approved parking area, or in an area
with direct access to the facility.
4. The
minimum separation between the main assembly building of the center
and the nearest residential dwelling unit or zoning district shall
be three hundred feet.
5. No
residential property shall be bordered on more than one side by a
child day-care facility.
6. A
six-foot high solid decorative fence or wall shall be constructed
on all property lines, except in the front yard or within a traffic
safety sight area. Fences or walls shall provide for safety with controlled
points of entry. A minimum three-foot wide landscaped area shall be
provided adjacent to the fence or wall and shall include a dense hedge
of evergreen shrubs a minimum of four feet in height at the time of
planting.
7. No
swimming pool/spa shall be installed, due to high risk and human safety
considerations. Additionally, no existing pool/spa shall remain on
the parcel, unless determined by the director that adequate, secure
separation exists between the pool/spa and the facilities used by
the children.
8. The
facility shall be provided with indoor play areas in compliance with
state requirements. Separate and clearly defined play and activity
areas shall be provided for each age group (e.g., infant, toddler,
preschool and school age children).
9. An
outdoor play area of not less than seventy-five square feet per child,
but in no case less than four hundred fifty square feet in area exclusive
of the required front yard setback, shall be provided. The outdoor
play area shall be located in the rear yard. Stationary play equipment
shall not be located in required front and side yards.
10. All on-site lighting shall be energy efficient, shielded, stationary,
directed away from adjoining properties and public rights-of-way and
of an intensity compatible with the surrounding neighborhood.
11. All on-site signs shall be in compliance with Chapter
17.28 (Signs).
12. The facility shall contain a fire extinguisher and smoke detector
devices and comply with all standards established by the city fire
department.
13. Potential noise sources shall be identified during the permit application or approval process, and noise attenuation and sound dampening shall be addressed. Noise levels shall be in compliance with the most recent guidelines of the noise element of the general plan and Municipal Code Chapter
8.45 (Noise).
14. In order to protect adjacent residential dwellings from noise impacts,
a facility within any residential zoning district may only operate
up to fourteen hours per day between the hours of 6:00 a.m. and 8:00
p.m. and may only conduct outdoor activities between the hours of
7:00 a.m. and 7:00 p.m.
C. Alternative Standards. Alternatives to the standards of this section may be authorized through approval of a conditional use permit in compliance with Chapter
17.48 if the commission determines that:
1. The
intent of these standards would be met; and
2. There
would be no negative impact to surrounding properties or residents.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides locational, developmental, and operational standards for golf course developments which are subject to development plan permit review in compliance with Chapter
17.42.
A. State-of-the-art
water conservation techniques shall be incorporated into the design
and irrigation of the golf course;
B. Treated
effluent shall be used for irrigation where available;
C. Perimeter
walls or fences shall provide a viewshed window design along all public
rights-of-way, incorporating a mix of walls and wrought iron fencing
or equivalent treatment; and
D. All
accessory facilities including club houses, maintenance buildings,
and half-way houses shall be designed and located to ensure compatibility
and harmony with the golf course setting and surrounding uses.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides for requests for development in the measure V area, as designated on the general plan and zoning map, which are subject to the approval of a development plan permit in compliance with Chapter
17.42, and which shall comply with the following:
A. The
department shall evaluate and quantify the impacts of development
on habitat for review by California Department of Fish and Game, United
States Fish and Wildlife Service, and other appropriate entities (e.g.,
Bighorn Sheep Institute);
B. Development
in the R-HR zoning district shall be restricted in the following manner:
1. Development
shall be restricted to areas with natural slopes of ten percent or
less in steepness.
a. The minimum buildable site area: ten thousand square feet; and
b. The maximum buildable site area: one acre.
2. Natural
slopes in excess of twenty-five percent shall remain undisturbed;
3. Proposed
development shall be compatible with surrounding land uses and shall
respect the natural topography;
4. Existing
and newly disturbed areas not proposed for development shall be contour
graded, renaturalized, and revegetated. The city shall require appropriate
mechanisms with project approval to ensure mitigation;
5. In
the Santa Rosa Mountains, proposed hillside development shall not
be visible from the valley floor and shall utilize low lighting levels
to avoid glare in the mountain areas;
6. The
availability of and proximity to public services and utilities shall
be established;
7. All
public services and utilities shall be placed underground and sized
to serve the proposed development only;
8. Hillside
areas with naturally occurring steep slopes of twenty-five percent
or greater shall not be disturbed to provide vehicular access;
9. Access
roads serving hillside development shall not exceed fifteen percent
grade on any portion of the road;
10. Due to the fire hazard of hilly areas with slopes of ten percent
or more, access problems, lack of water, and excessively dry brush,
adequate on-site fire protection measures shall be provided. These
could include a fuel modification program, an on-site water storage
system, or any other provision deemed necessary during project review;
and
11. An eight-foot-high chain link fence or equivalent barrier to exclude
the big horn sheep from developed areas shall be installed.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides the following developmental standards
for hotels.
A. Accessory
Uses. Accessory uses, including barber shops, beauty salons, candy,
coffee, florist, and gift shops, health facilities, newsstands, and
restaurants, may be located within a hotel; provided, the following
standards are met:
1. There
are no entrances directly from the street; and
2. The
hotel is of sufficient size that the patronage of these businesses
may be expected to be furnished substantially by the guests of the
hotel.
B. Minimum
Hotel Dwelling Area Standards. The minimum dwelling area requirements
for hotels shall be three hundred fifty square feet, with at least
one full bathroom.
(Ord. 777 § 1 (Exh. A),
2002)
A. Development
Standards. The development standards applicable to resort hotels shall
apply to all condo-hotel projects, unless otherwise provided in this
chapter or pursuant to a development agreement.
B. Conversions.
No existing hotel room or existing hotel facility or structure shall
be converted to condo-hotel status unless otherwise permitted pursuant
to a development agreement.
C. Owner
and Occupancy Restrictions. The following occupancy restrictions shall
apply to all condo-hotel projects:
1. The
number of units of a condo-hotel project that may be condo-hotel units
shall be limited to no more than ten percent of the project's total
sum of condo-hotel units and hotel rooms combined unless otherwise
permitted pursuant to a development agreement.
2. Each
owner of a condo-hotel unit and each individual fractional owner of
a condo-hotel unit shall be limited to using or occupying any given
unit owned by said owner for no more than twenty-seven days per calendar
year unless otherwise permitted pursuant to a development agreement.
Owners may assign their use and occupancy rights to a third party
subject to the city's transient occupancy tax regulations unless otherwise
provided pursuant to a development agreement.
3. Outside
the owner occupancy periods, a condo-hotel unit shall be made available
for transient occupancy purposes for no more than twenty-seven consecutive
days by any given transient.
D. Collection
of Transient Occupancy Taxes. The following provisions shall apply
to all condo-hotel projects:
1.
a. Each owner of a condo-hotel unit shall enter into an agreement with
a professional hotel management entity/company which, at a minimum,
provides that the management entity/company will collect all transient
occupancy taxes required on rentals of that owner's unit, outside
the owner occupancy periods, whether or not such rentals are handled
by said management entity/company. The management entity/company shall
then be responsible for forwarding transient occupancy taxes to the
city in accordance with the city's transient occupancy tax regulations.
b. Any condo-hotel units owned, in whole or in part by the parent hotel
or professional management entity/company shall be made available
for rent for transient occupancy for no more than twenty-seven consecutive
days by any given transient, at all times regardless of whether the
hotel or management entity/company would otherwise have occupancy
rights as an owner under this section.
2. The
professional management entity/company designated to collect transient
occupancy taxes pursuant to this section must have at least five consecutive
years of experience, meeting the First Class Hotel Standards and having
no fewer than ten other properties (in separate cities, or distinct
and separate projects in any given city, nationally or internationally)
under current management unless otherwise provided pursuant to a development
agreement.
(Ord. 932 § 7, 2006)
This section provides the following minimum developmental standards
for dwelling areas which are computed by calculating the living area
as measured on the outside of walls and excludes garages, carports,
and exterior courtyards.
A. The
minimum area requirements for the R-E, R-(L, L-3, M, and H), and M-U
zoning districts are as follows:
TABLE 3-15
|
---|
SINGLE-FAMILY DETACHED UNITS
|
---|
LIVABLE AREA IN SQ. FT.
|
BEDROOMS MAX. No
|
BATHS MIN. No
|
---|
1,400
|
2
|
1 1/2
|
1,700
|
3 or 2 bedrooms and den
|
1 3/4
|
1,900
|
4
|
2
|
ATTACHED UNITS IN PLANNED RESIDENTIAL DEVELOPMENTS
|
---|
LIVABLE AREA IN SQ. FT.
|
BEDROOMS MAX. No
|
BATHS MIN No
|
---|
1,000
|
1
|
1
|
1,250
|
2
|
1 1/2
|
1,650
|
3
|
2
|
B. The
minimum area requirements for apartments in the R-(M and H) and M-U
zoning districts are as follows:
MINIMUM AREA REQUIREMENTS FOR APARTMENTS IN THE R-M, R-H AND
M-U ZONING DISTRICTS
|
---|
LIVABLE AREA IN SQ. FT.
|
BEDROOMS MAX. No
|
BATHS MIN No
|
---|
850
|
1
|
1
|
900
|
2
|
1 1/2
|
1,000
|
3
|
1 3/4
|
1,200
|
4
|
2
|
C. The
minimum area requirements for affordable housing projects in all zoning
districts are as follows:
TABLE 3-16
|
---|
MINIMUM AREA REQUIREMENTS FOR AFFORDABLE HOUSING IN ALL ZONING
DISTRICTS
|
---|
USE
|
LIVABLE AREA IN SQ. FT.
|
BEDROOMS MAX. NUMBER
|
BATHS MIN. NUMBER
|
---|
Single Family Detached
|
|
SENIOR HOUSING 950
|
1
|
1
|
|
1,200
|
1,050
|
2
|
1 1/2
|
|
1,500
|
1,200
|
3 or 2 + den
|
1 3/4
|
|
1,700
|
N/A
|
4
|
2
|
Attached Units in a Planned Unit Development
|
850
|
1
|
1
|
|
1,100
|
2
|
1 3/4
|
|
1,400
|
3
|
2
|
(Ord. 777 § 1 (Exh. A),
2002)
This section provides minimum room size developmental standards
which are as follows:
TABLE 3-17
|
---|
MINIMUM DWELLING ROOM SIZE STANDARDS
|
---|
ROOM
|
MINIMUM AREA IN SQ. FT.
|
---|
Garage
|
400
|
Bedroom
|
140*
|
Full bath (tub, toilet and lavatory)
|
50
|
Three-quarter bath (stall shower, toilet lavatory)
|
40
|
Half bath (toilet and lavatory)
|
30
|
Notes:
|
---|
*
|
For affordable housing, the master bedroom shall be a minimum
of one hundred forty square feet and remainder bedroom(s) shall be
a minimum of one hundred ten square feet.
|
(Ord. 777 § 1 (Exh. A),
2002)
This section provides minimum developmental standards for manufactured
or mobile homes which shall be installed in the following manner:
A. Mobile
or manufactured homes may be used as single-family dwellings if the
home is certified under the National Mobile Home Construction and
Safety Standards Act of 1974;
B. Mobile
or manufactured homes which are used as single-family residences shall
be installed on an approved permanent foundation system in compliance
with this title; and
C. Before
the installation of any mobile or manufactured home, the director
shall determine that the subject parcel together with the proposed
mobile or manufactured home is compatible with surrounding development.
This determination shall include an assessment of on-site design,
materials, architectural aesthetics, setbacks, building height, accessory
structures, access, off-street parking, minimum square footage requirements,
and any other criteria, in compliance with the city's design and development
standards.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides minimum developmental standards for mobile home park subdivisions which are subject to approval of a development plan permit in compliance with Chapter
17.42 and which shall be constructed in the following manner:
A. Individual
mobile home space minimum setbacks shall be measured from the edge
of internal streets and space lines as follows:
B. Maximum
mobile home space coverage (mobile home and its accessory structure)
shall be seventy-five percent;
C. Each
mobile home shall be equipped with skirting, or provided with a support
pad which is recessed to give the appearance of the mobile home being
located on-grade;
D. All
on-site utilities shall be installed underground;
E. The mobile home park shall be provided with off-street parking in compliance with Chapter
17.26 (Parking and Loading Standards;
F. A common
recreation area shall contain a recreation and active outdoor recreational
amenities in the park for use by all tenants and their invited guests.
The area shall be provided in one common location with a minimum aggregate
area of four hundred square feet of recreational space for each mobile
home space;
G. All
exterior boundaries of the mobile home park shall appear similar to
conventional residential developments and shall be screened by a decorative
wall, fence, or other comparable device six feet in height, with a
minimum six-foot wide landscaped area provided along the inside of
the perimeter screen; and
H. Landscaping.
1. Common open space shall be landscaped in compliance with a landscape plan approved by the applicable review authority and in a manner consistent with Chapter
17.24 (Landscaping Standards).
2. All required landscaping in each development phase shall be installed before occupancy of the mobile homes, and adequately irrigated and maintained in compliance with the approved landscaping plan as well as the provisions identified in Chapter
17.24 (Landscaping Standards).
(Ord. 777 § 1 (Exh. A),
2002)
This section provides minimum developmental standards for new motor vehicle sales and leasing dealerships in the city which are intended to enhance and promote the prestigious residential resort image of the city and which shall result in an aesthetically pleasing visual environment that promotes and protects the natural and built scenic beauty of the community. A conditional use permit in compliance with Chapter
17.48 shall be required, and all new dealerships shall be constructed in the following manner:
A. New
motor vehicle displays shall be confined to an indoor showroom and
ground level outdoor display, in compliance with Section 17.30.150.C
(Permanent outdoor vehicle displays), below. No other display features
shall be allowed;
B. Used
motor vehicle sales shall be incidental to the new motor vehicle sales
and long-term new motor vehicle leasing operations on-site;
C. All motor vehicles stored outdoors shall be completely screened from public view with a combination of landscaping, trellises, and walls as appropriate, except for the allowed outdoor motor vehicle display in the landscaped front setback area. Employee and customer parking areas shall be landscaped in compliance with Chapter
17.24. (Landscaping Standards);
D. All
parts, accessories, servicing, and repair work shall be located and/or
occur only within a fully enclosed structure(s);
E. The
storage of motor vehicles and lease inventory shall not be located
between any structure and the public street frontage, except for customer
and employee parking areas and the allowed outdoor motor vehicle display
in the landscaped front setback area. Storage is defined as being
the motor vehicle inventory for sale or lease;
F. Service
and associated motor vehicle parking areas shall be completely screened
from public view;
G. Night
lighting for landscaping, signs, outdoor motor vehicle display in
the landscaped front setback, the indoor showroom, and incidental
security lighting shall be limited to the minimum necessary as determined
by the director. All other lighting shall be prohibited; and
H. Off-street
parking requirements shall be established during project review to
adequately accommodate all on-site uses including showroom, office,
parts, and service areas, as well as customer and employee parking.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides developmental and operational standards
for limited outdoor uses including nurseries limited to plants and
trees and, including the prohibition of general outdoor uses and storage
(subsection A), temporary outdoor display and sales (subsection B),
permanent outdoor vehicle displays (subsection C), and outdoor dining
and seating areas (subsection D).
A. Prohibition
of General Outdoor Uses and Storage. All uses shall be conducted within
a completely enclosed structure. All merchandise available for the
services provided, on-or offsite, granted by the Business License
issued, or to be issued, for the premises, shall be displayed, maintained,
placed, or otherwise stored within an enclosed structure, with the
exception of temporary outdoor displays and sales, permanent outdoor
vehicle displays, and outdoor dining and seating, only as described
below.
B. Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales are allowed only in nonresidential zoning districts, and are subject to the approval of a temporary use permit, in compliance with Chapter
17.46 and with conditions of approval addressing the following:
1. Provision
for a fixed period of time as specified by the permit or approval,
or where not specified, not to exceed three days for a temporary event;
2. Regulation
of nuisance factors (e.g., prevention of glare or direct illumination
on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke,
waste, and vibration);
3. Regulation
of operating hours and days, including limitation of the duration
of the temporary event, as identified in subsection A.1, above;
4. Provision for adequate temporary parking facilities, vehicular and pedestrian circulation, including vehicular ingress and egress, and public transportation, if applicable, in compliance with Chapter
17.26 (Parking and Loading Standards);
5. Submission
of a performance security satisfactory to the director, to ensure
that any temporary facilities or structures used would be removed
from the site within a reasonable time following the event, the property
would be cleaned of debris, litter, or any other evidence of the temporary
event upon completion or removal of the event, and restored to the
former or improved condition as deemed appropriate by the director;
6. Provision for sanitary facilities, in compliance with Municipal Code Section
5.12.120 (Sanitation facilities required);
7. Provision
for security and safety measures, if applicable and as deemed appropriate
by the director;
8. Appropriate
setbacks shall be maintained to ensure adequate separation from adjoining
land uses and a safe environment for vehicles and pedestrians;
9. Provision
for solid, hazardous, and toxic waste collection, recycling, and/or
disposal; and
10. Other conditions that would ensure the orderly and efficient operation
of the proposed temporary event.
C. Permanent
Outdoor Vehicle Displays. Outdoor displays for new vehicle sales shall
be allowed only as follows:
1. Only
golf carts or automobiles, and no other display features, shall be
allowed.
2. Golf
cart retail businesses shall be allowed to display a maximum of one
golf cart for each forty lineal feet of public street frontage.
3. Automobile
dealerships shall be allowed to display one automobile for each forty
lineal feet of public street frontage.
4. The
vehicles shall be displayed at ground level in the landscaped front
setback area between the front street right-of-way line and a parallel
line forty feet deep into the property.
5. Outdoor
vehicle displays behind the forty-foot depth of frontage shall be
reasonably limited in number, attractively arranged, and the displayed
vehicles shall not be placed to appear crowded. The precise maximum
number of displayed vehicles shall be determined through the development
plan permit or conditional use permit review process.
6. All
vehicle displays shall be located no closer than fifteen feet from
the front and side property line(s).
D. Outdoor Dining and Seating Areas. Outdoor dining and seating areas are allowed subject to the approval of a development plan permit in compliance with Chapter
17.42, and the following standards:
1. Parking requirements shall be calculated in compliance with Chapter
17.26 (Parking and Loading Standards);
2. Outdoor
dining areas shall provide adequate clean-up facilities, and associated
procedures, in the following manner. Outdoor dining areas shall:
a. Be cleaned on a continual basis for removal of litter and food items
which would constitute a nuisance to the public health, safety, and
general welfare of the patrons and the community, and
b. Contain waste receptacles for use by the public and/or restaurant
employees;
3. The
following standards are intended to ensure compatibility with surrounding
uses and a high standard of quality.
a. Outdoor dining and seating areas:
i. And associated structural elements, awnings, covers, furniture, umbrellas
or other physical elements that are visible from public rights-of-way,
shall be compatible with the character of the main structure(s),
ii. That provide entertainment, or amplified music may require the preparation
of a noise analysis with appropriate mitigation measures, including
limit hours of operation, and
iii.
Shall not obstruct vehicular or pedestrian traffic flow and
not necessitate the removal of existing vehicular or pedestrian movement
areas,
b. The use of awnings, plants, umbrellas, and other human-scale elements
is encouraged to enhance the pedestrian experience,
c. Outdoor dining and seating areas and their relation to churches or
other recognized religious organizations, hospitals, public schools,
and residential uses shall be considered by the commission. Proper
mitigation measures shall be applied to eliminate potential impacts
related to glare, light, loitering, noise, and odor, and
d. Outdoor dining and seating areas shall be set back a minimum of five
feet from property lines or parking lots.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides minimum developmental standards for private
cemeteries which are subject to discretionary director review for
compliance with the following criteria:
A. Private
cemeteries shall be limited to the maximum interment of five family
members on a parcel fifty acres or larger in size;
B. A plan
shall be submitted showing the cemetery's location on the property;
C. Private
cemeteries shall conform to all of the setback regulations for the
applicable zoning district and shall not be visible from public streets;
D. Applicants
requesting approval for a private cemetery shall submit evidence of
its perpetual maintenance; and
E. The
construction of a mausoleum or columbarium shall require the issuance
of a building permit and in compliance with the Uniform Building Code.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides minimum developmental standards for recreational vehicle storage facilities proposed for planned residential developments which shall be reviewed as part of the development plan permit in compliance with Chapter
17.42, and which shall be constructed in the following manner:
A. Individual
storage spaces shall measure not less than twelve feet by thirty feet,
and shall have direct access to a driveway with a minimum paved width
of twenty-five feet;
B. Storage
areas shall be paved and properly drained; and
C. Storage
areas shall be completely screened from exterior view by a combination
of landscaping, masonry walls, fences, or other comparable screening
devices six feet in height and subject to the approval of the director.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides locational, developmental, and operational
standards for the establishment of various types and sizes of commercial
recycling facilities, in compliance with Division II (Zoning Districts).
Recycling facilities shall comply with the following standards:
A. Reverse Vending Machines. Reverse vending machines are allowed in the C-N, C-G, C-C, and I-L zoning districts, subject to the approval of a development plan permit in compliance with Chapter
17.42, and shall comply with the following standards:
1. Accessory
Use Only. The machines shall be installed as an accessory use in compliance
with the applicable provisions of this title, and shall not require
additional parking;
2. Location
Requirements. If located outside of a structure, the machines shall
not occupy required parking spaces, and shall be constructed of durable
waterproof and rustproof materials;
3. Maximum
Size. When located outdoors, the area occupied by the machines shall
not exceed fifty square feet, including any protective enclosure,
nor eight feet in height;
4. Signs.
Signs shall not exceed a maximum area of four square feet for each
machine, exclusive of operating instructions;
5. Hours
of Operation. The machines shall have operating hours which are consistent
with the operating hours of the main use; and
6. Lighting. The machines shall be illuminated when needed to ensure comfortable and safe operation, in compliance with Section
17.18.050 (Exterior glare, heat, and light).
B. Small Collection Facilities. Small collection facilities are allowed in the C-N, C-G, C-C, and I-L zoning districts, subject to approval of a development plan permit in compliance with Chapter
17.42, and shall comply with the following standards:
1. Location
Requirements. Small collection facilities shall:
a. Not be located within fifty feet of any parcel zoned or occupied
for residential use; and
b. Be set back at least ten feet from any public right-of-way, and not
obstruct vehicular or pedestrian circulation.
2. Maximum
Size. A small collection facility shall not occupy more than three
hundred fifty square feet nor three parking spaces, not including
space that would be periodically needed for the removal of materials
or exchange of containers;
3. Appearance
of Facility. Collection containers and site fencing shall be of a
color and design that is compatible and harmonious with the surrounding
uses and neighborhoods;
4. Operating
Standards. Small collection facilities shall:
a. Not use power-driven processing equipment, except for reverse vending
machines;
b. Accept only glass, metal or plastic containers, paper, and reusable
items; and
c. Use containers that are constructed with durable waterproof and rustproof
material(s), secured from unauthorized removal of material, and shall
be of a capacity sufficient to accommodate materials collected and
the collection schedule.
5. Signs.
Signs may be provided as follows:
a. Identification signs are allowed with a maximum area of fifteen percent
for each side of the structure or twelve square feet, whichever is
greater. In the case of a wheeled facility, the side shall be measured
from the ground to the top of the container;
b. Signs shall be both compatible and harmonious with the character
of their location; and
c. Directional signs, consistent with Chapter
17.28 (Signs) may be approved by the director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
6. Parking
Requirements.
a. Additional parking space shall not be required for customers of a
small collection facility located in the established parking lot of
the main use. One space shall be provided for the attendant, if needed.
b. 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.
c. Use of parking spaces by the patrons and the attendant shall not
reduce available parking spaces below the minimum number required
for the main use.
C. Large Collection Facilities. Large collection facilities are allowed in the I-L zoning district, subject to the approval of a conditional use permit in compliance with Chapter
17.48. A collection facility that is larger than three hundred fifty square feet, or on a separate parcel not accessory to a main use, shall comply with the following standards:
1. Location
Requirements. The facility shall not adjoin a parcel within a residential
zoning district;
2. Container
Location. Any containers provided for after hours donation of recyclable
materials shall be permanently located at least one hundred feet from
any residential zoning district, constructed of sturdy, rustproof
material(s), have sufficient capacity to accommodate materials collected,
and be secured from unauthorized entry or removal of materials;
3. Screening.
The facility shall be screened from public rights-of-way, by solid
masonry walls or located within an enclosed structure;
4. Maximum
Size. A large collection facility shall not exceed fifteen thousand
square feet of combined floor and ground area;
5. Setbacks
and Landscaping. Structure setbacks and landscaping shall be provided
as required for the applicable zoning district;
6. Outdoor
Storage. Exterior storage of material shall be in sturdy containers
that are secured and maintained in good condition. Storage, excluding
truck trailers, shall not be visible above the height of the required
solid masonry walls; and
7. Operating
Standards.
a. The site shall be maintained clean, sanitary, and free of litter
and any other undesirable materials, and shall be cleaned of loose
debris on a daily basis,
b. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall
not be detectable on adjoining parcels.
D. Processing Facilities. Processing facilities are allowed in the I-L zoning district, subject to the approval of a conditional use permit in compliance with Chapter
17.48, and shall comply with the following standards:
1. Location
Requirements. The facility shall not adjoin a parcel within a residential
zoning district;
2. Limitation
on Use. Processing facilities are limited to baling, briquetting,
compacting, crushing, grinding, shredding, and sorting of source-separated
recyclable materials and repairing of reusable materials;
3. Maximum
Size. A processing facility shall not exceed forty-five thousand square
feet of combined floor and ground area, may have up to an average
of two outbound truck shipments of material each day, and shall not
bale, compact, or shred ferrous metals, other than beverage and food
containers;
4. Container
Location. Containers provided for after hours donation of recyclable
materials shall be permanently located at least one hundred feet from
any residential zoning district, constructed of sturdy, rustproof
materials, have sufficient capacity to accommodate materials collected,
and be secured from unauthorized entry or removal of the materials;
5. Screening.
The facility shall be screened from public rights-of-way, by solid
masonry walls or located within an enclosed structure;
6. Outdoor
Storage. Exterior storage of material shall be in sturdy containers
or enclosures that are secured and maintained in good condition. Storage,
excluding truck trailers, shall not be visible above the height of
the required solid masonry walls; and
7. Operating
Standards. Dust, fumes, odor, smoke, or vibration, above ambient levels,
shall not be detectable on adjoining parcels.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides minimum developmental standards for accessory uses and structures which are allowed in a zoning district by Division II (Zoning Districts), which may be subject to a development plan permit by the director, in compliance with Chapter
17.42, and which shall comply with the following criteria and standards. Accessory dwelling units are instead subject to the provisions of Section
17.30.200 (Accessory dwelling units).
A. Relationship
of Accessory Use or Structure to the Main Use. Accessory uses and
structures shall be incidental to and not alter the main use or character
of the site.
B. Timing
of Installation. An accessory structure may only be constructed on
a parcel having a main structure on the property.
C. Building
Code. The location of all accessory structures shall comply with all
applicable building code standards.
D. Location.
1. A
structure greater than six feet in height above finished grade and
attached to a main structure shall comply with the requirements for
the main structure.
2. A
detached accessory structure shall not be located closer than eight
feet to a main structure or closer than three feet to any other accessory
structure on the same property or as otherwise specified in this code.
3. An
accessory structure six feet or more in height shall not be located
within a side setback and shall be located no closer than ten feet
from the rear property line. An accessory structure less than six
feet in height shall have no side or rear setback requirement, provided
it is screened from neighboring views with a solid fence or wall that
is six feet high.
4. A
detached deck or patio greater than twelve inches in height measured
from finished grade shall not be constructed in required setback areas
unless approval is first obtained from the director.
5. An
accessory structure shall not be located in a required front setback,
except that decorative garden structures (e.g., small trellis or archway)
shall be allowed.
6. Accessory
structures may occupy up to a maximum of fifteen percent of a required
side setback area and up to a maximum of twenty-five percent of a
required rear setback area.
E. Maximum
Number of Accessory Structures. A maximum of two accessory structures
over eight feet in height shall be allowed on any property.
F. Height
Limitations.
1. The
height of an accessory structure attached to the primary dwelling
unit shall comply with the base zoning and setback requirements.
2. The
height of a detached accessory structure regardless of whether or
not it is fully or partially enclosed, shall not exceed twelve feet
unless approval is first obtained from the director. In cases where
detached accessory structures first obtain written approval from the
director, said detached accessory structure(s) shall be set back a
minimum of ten feet from a side or rear property line, plus provide
an additional 2:1 setback for each vertical foot in height up to a
maximum of sixteen feet.
3. An
accessory structure located within a required rear and/or side yard
setback shall not exceed six feet in height if closer than ten feet
from the rear property line.
4. An
accessory structure that is primarily a narrow, vertical element (e.g.,
flag pole, ham radio antenna, etc.) may be allowed to exceed the twelve-foot
height limit no closer than fifteen feet from the front or rear property
lines, provided, approval is first obtained from the director.
G. Coverage
and Size Limitations.
1. The
aggregate site coverage of accessory structures in residential zoning
districts shall not exceed thirty percent of the habitable floor area
of the main dwelling.
2. The
aggregate site coverage for all structures on a parcel shall not exceed
the maximum allowed in the applicable zoning district prescribed in
Division II.
H. Rooftop
Decks. Decks, viewing platforms, or balconies located upon the roof
of a building or above the ground level of a building shall be prohibited
unless otherwise included in a development plan or specific plan as
approved by the city council.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 1027 § 2, 2011; Ord. 1066 § 2, 2013; (Ord. 1148 § 5, 2019; Ord. 1159 § 2, 2019)
Guest/employee quarters may be allowed in the R-E, R-L-2, R-L-3
and R-M zoning districts and shall be constructed in the following
manner:
A. All
guest/employee quarters shall conform to all development standards
(e.g., setbacks, etc.) of the applicable residential zoning district;
B. There shall be no more than one guest/employee quarters or accessory dwelling unit on any parcel under two acres in size, in compliance with Section
17.30.200 (Accessory dwelling units);
C. There
shall be no more than two guest/employee quarters, or one guest/employee
quarter and one accessory dwelling unit on any parcel two acres in
size and larger. On parcels having a minimum of one hundred acres
a maximum of four guest/employee quarters or three guest/employee
quarters and one accessory dwelling unit shall be allowed. The guest/employee
quarters shall be limited in size to thirty percent of the aggregate
living area of the main dwelling;
D. Detached guest/employee quarters shall not exceed a height of one story and twelve feet and shall be set back a minimum of ten feet from any interior side lot line and at least fifteen feet from the rear property line and street side lot line. In cases where detached accessory structures first obtain written approval from the director, said detached accessory structure(s) may provide an additional 2:1 setback for each vertical foot in height up to a maximum of sixteen feet. If the unit is detached it shall not exceed the height of the main dwelling unit unless approved by the commission in compliance with Section
17.20.100(A) (Maximum height of structures);
E. Guest/employee
quarters shall be used only by the occupants of the main structure,
their nonpaying guests or persons permanently employed on the premises.
The guest/employee quarters shall not be rented; and
F. The
guest/employee quarters shall not be metered separately from the main
dwelling for gas, electricity, and water/sewer services.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 1027 § 2, 2011; Ord. 1148 § 5, 2019)
A. Purpose
and Intent.
1. The
purpose and intent of accessory dwelling units is to help address
home supply and affordability in California.
2. The
purpose and intent of these regulations is to create certain standards,
consistent with state law, for the development of accessory dwelling
units on lots developed with single-family dwellings.
B. Applicability.
The provisions of this chapter apply to all lots that are occupied
or proposed to be occupied with a single-family dwelling unit and
which are zoned residential. Accessory dwelling units shall not be
counted as separate and/or additional units for the purposes of density
calculations.
C. Development
Standards.
1. Accessory
Dwelling Units Within Existing Space. The city will ministerially
approve an application to create within a single-family residential
zone, one ADU per single family lot if the unit is:
a. Contained within an existing or proposed residence or accessory structure,
including, but not limited to, a studio, pool house, or other similar
structure;
b. Has Independent exterior access from the primary residence; and,
c. Has sufficient side and rear setbacks for fire safety.
2. Accessory
Dwelling Units (Attached and Detached) General.
a. The accessory dwelling unit shall not be sold separate from the primary
residence, but may be rented for terms longer than thirty days, provided
the main dwelling is owner occupied.
b. Accessory dwelling units shall be permitted on lots zoned for residential
use and which contain an existing or proposed single-family dwelling.
c. The accessory dwelling unit may be attached to the existing or proposed
primary dwelling or detached from the primary dwelling and shall be
located on the same lot as the primary dwelling.
d. Accessory dwelling units shall be architecturally compatible with
the existing primary dwelling.
e. The floor area of an attached accessory dwelling unit shall not exceed
fifty percent of the living area within the primary dwelling, with
a maximum floor area of one thousand two hundred square feet.
f. Where the primary dwelling is less than four thousand square feet,
the total area of floor space for a detached accessory dwelling unit
shall not exceed thirty percent of the living area within the primary
dwelling, and where the primary dwelling is four thousand square feet
or larger, the total area of floor space for a detached accessory
dwelling unit shall not exceed one thousand two hundred square feet.
g. Only one accessory dwelling unit shall be permitted on any parcel.
h. Accessory dwelling units shall conform to all development standards
of the residential zoning district in which the parcel is located,
including, but not limited to: height, lot coverage, setbacks, and
distance between structures.
i. No passageway shall be required in conjunction with the development
of an accessory dwelling unit.
j. Accessory dwelling units shall not be required to provide fire sprinklers
if they are not required for the primary residence and may employ
alternative methods for fire protection.
k. No setback can be required where an existing garage is converted
to an ADU, provided the garage was approved and constructed through
issuance of a building permit, and the minimum parking requirements
for the existing main dwelling are still being met.
3. Junior Accessory Dwelling Unit. See Section
17.30.205.
4. Parking
Requirements for ADUs.
a. Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom, whichever is less. These
spaces may be provided as tandem parking, including on an existing
driveway or in setback areas, excluding the non-driveway front yard
setback.
b. Parking is not required in the following instances:
i. The accessory dwelling unit is located within one-half mile of public
transit, including transit stations and bus stations.
ii. The accessory dwelling unit is located within an architecturally
and historically significant historic district.
iii.
When on-street parking permits are required but not offered
to the occupant of the accessory dwelling unit.
iv. When there is a car share vehicle located within one block of the
accessory dwelling unit.
v. When the accessory dwelling unit is part of the existing primary
residence or an accessory structure.
D. Permit Requirements. ADUs shall be permitted ministerially, in compliance with this chapter within one hundred twenty days of receipt of application. The development services director, or designee, shall issue a building permit to establish an accessory dwelling unit in compliance with this chapter if all applicable requirements are met in subsection
C, as appropriate. Private sewage disposal systems shall be subject to the approval of the Riverside County Health Department pursuant to
Government Code Section 65852.2.
E. Definitions.
"Living area"
means the interior habitable area of a dwelling unit, but
does not include a garage, covered patio or any accessory structure.
"Accessory dwelling unit"
means an attached or detached residential dwelling unit which
provides complete independent living facilities for one or more persons.
It shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation on the same parcel upon which the single-family
dwelling is situated. An accessory dwelling unit also includes the
following: (a) an efficiency unit, as defined in Section 17958.1 of
Health and Safety Code; and (b) a manufactured home, as defined in
Section 18007 of the
Health and Safety Code.
"Passageway"
means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the accessory dwelling unit.
"Existing structure"
for the purposes of defining an allowable space that can
be converted to an ADU, means within the four walls and roofline of
any structure that was approved and constructed through issuance of
a validly is-sued building permit.
"Attached"
for the purposes of this chapter means the sharing of a common
building/structure wall. Structures attached by roof elements, garden
walls, or similar elements shall be considered "detached" for the
purposes of this chapter.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 1027 § 2, 2011; Ord. 1148 § 2, 2019)
A. Purpose
and Intent.
1. The
purpose and intent of junior accessory dwelling units is to help address
home supply and affordability in California.
2. The
purpose and intent of these regulations is to create certain standards,
consistent with state law, for the development of junior accessory
dwelling units on lots developed with single-family dwellings.
B. Applicability.
The provisions of this chapter apply to all lots that are occupied
or proposed to be occupied with a single-family dwelling unit and
which are zoned residential. Junior accessory dwelling units shall
not be counted as separate and/or additional units for the purposes
of density calculations.
C. Development
Standards.
1. A
junior accessory dwelling unit (JADU) shall not exceed five hundred
square feet and must be completely contained within the space of an
existing residential structure. All JADUs must comply with the following
requirements:
a. Limited to one JADU per residential lot zoned for single-family residences
with a single-family residence already built on the lot.
b. The single-family residence in which the JADU is created or JADU
must be occupied by the owner of the residence, except when owner
is a governmental agency, land trust or housing organization.
c. The owner must record a deed restriction stating that the JADU cannot
be sold separately from the single-family residence, including a statement
that the deed restriction may be enforced against future purchasers,
and restricting the JADU to the size limitations and other requirements
of the JADU ordinance.
d. The JADU must be located entirely within the existing structure of
the single-family residence and have its own separate entrance, with
an interior entry to the main living area, and must include an existing
bedroom.
e. The JADU must include an efficiency kitchen which includes a sink
with a maximum waste line diameter of one and one-half inches; a cooking
facility with appliances that do not require electrical service greater
than one hundred twenty volts, or natural or propane gas; a food preparation
counter; and storage cabinets that are of reasonable size in relation
to the size of the JADU and that meet minimum building code standards.
f. The JADU may share a bath with the primary residence or have its
own bath.
g. The JADU will be subject to inspections and any fees for such inspections,
for determination of whether the JADU is in compliance with applicable
building codes.
D. Permit Requirements. JADUs shall be permitted ministerially, in compliance with this chapter within one hundred twenty days of submission of an application. The development services director, or designee, shall issue a building permit to establish a junior accessory dwelling unit in compliance with this chapter if all applicable requirements are met in subsection
C. The city may charge a fee to reimburse the city for costs incurred in connection with issuance of such permit. Private sewage disposal systems shall be subject to the approval of the Riverside County Health Department pursuant to applicable laws.
E. Definitions.
"Existing structure"
for the purposes of defining an allowable space that can
be converted to a JADU, means within the four walls and roofline of
any structure that was approved and constructed through issuance of
a validly issued building permit.
"Junior accessory dwelling unit"
means an accessory dwelling unit that cannot exceed five
hundred square feet and must be completely contained within the space
of an existing residential structure.
(Ord. 1148 § 3, 2019)
This section provides locational, developmental, and operational
standards for senior congregate care housing facilities.
A. Applicability. Congregate housing facilities are allowed only within the Senior Overlay (S-OL) district, in compliance with Chapter
17.14 (Overlay Districts), subject to the approval of a development plan permit in the R-L-3, R-M, and R-H zoning districts and a conditional use permit in the M-U zoning district.
B. Zoning
Standards. The parcel upon which the congregate housing facility is
to be established shall conform to all standards of the R-L-3, R-M,
R-H, and M-U zoning districts respectively, within the S-OL district,
as applicable.
C. Specific
Standards. Congregate housing facilities shall be located, developed,
and operated in the following manner:
1. The
congregate housing facility shall in compliance with all local, regional,
state, and federal requirements;
2. The
number of senior congregate care units shall be governed by the standards
contained in this section;
3. The
minimum floor area for each residential dwelling unit shall be as
follows:
Table 3-18
|
---|
Minimum Floor Area Required
|
---|
Type of Dwelling Unit
|
Minimum Floor Area Required
|
---|
Studio
|
410 square feet
|
One-bedroom
|
510 square feet (if kitchen-dining living areas are combined)
|
570 square feet (if kitchen-dining living areas are separate)
|
Two-bedroom
|
610 square feet (if kitchen-dining living areas are combined)
|
670 square feet (if kitchen-dining living areas are separate)
|
4. The
main entrance to the facility, common areas, and all living units
shall provide disabled access in compliance with applicable state
and federal law;
5. Indoor
common areas and dwelling units shall be provided with all necessary
safety equipment (e.g., safety bars, etc.), as well as emergency signal/intercom
systems, subject to the approval of the director;
6. Adequate
interior and exterior lighting shall be provided for security purposes.
The exterior lighting shall be stationary, directed away from adjoining
properties and public rights-of-way, and of an intensity compatible
with the surrounding neighborhood;
7. Common
entertainment, recreational, and social activity area(s) of a number,
size, and scale consistent with the number of dwelling units shall
be provided;
8. Common
laundry facilities of sufficient number and accessibility, consistent
with the number of dwelling units shall be provided;
9. The
facility may provide one or more of the following specific common
facilities for the exclusive use of the residents:
b. Central cooking and dining room(s),
d. Small scale drug store and/or medical facility (not exceeding eight
hundred fifty sq. ft.);
10. Off-street parking shall be provided in the following manner:
a. One covered parking space for each dwelling unit for the exclusive
use of the residents,
b. One uncovered parking space for every two dwelling units for employee
and guest use in congregate housing facility projects, and one and
one-half uncovered parking spaces for every two dwelling units in
independent living projects,
c. Standards relating to off-street parking, disabled parking, access, surfacing, striping, lighting, landscaping, shading, dimensional requirements, etc., shall be in compliance with the standards identified in Chapter
17.26 (Parking and Loading Standards),
d. Adequate and suitably striped or marked paved areas for shuttle parking
shall be provided. Shaded waiting areas shall be provided adjacent
to the shuttle stops, and
e. The parking standards for congregate housing facilities may be reduced
by up to twenty-five percent for a project which includes at least
a portion of the units affordable to low and moderate income seniors.
The reduction shall be calculated only for the percentage of the units
designated as affordable and only uncovered spaces shall be eliminated;
11. A bus turnout and shelter along the street frontage shall be provided
by the operator of the facility;
12. Private dial-a-ride transportation shuttles shall be provided by
the operator of the facility for congregate housing facilities with
a minimum of fifty dwelling units; exact number and schedule to be
determined by the director;
13. The entire facility shall be designed to provide maximum security
for residents, guests, and employees;
14. Solid waste and recycling receptacle(s) within walled and gated enclosure(s) shall be provided in compliance with Section
17.20.160 (Solid waste/recyclable materials storage); and
15. Residential occupancy shall be limited to single persons over fifty-five
years of age or married couples of which one spouse is over fifty-five
years of age.
(Ord. 777 § 1 (Exh. A),
2002)
This section provides locational, developmental, and operational standards for private tennis courts, and other types of sport courts, which are allowed in residential zoning districts, subject to the approval of a minor conditional use permit in compliance with Chapter
17.48. No tennis court or sports court shall be located closer than ten feet to the nearest property line.
A. Tennis
courts shall not encroach into the front and side setbacks, or within
ten feet of the rear property line, with the following exceptions;
1. If
it is not possible to satisfy the ten-foot setback standard, tennis
courts which are recessed a minimum of five feet below finished grade
may encroach into the setback up to five feet for a minimum setback
distance of five feet from the side and rear property lines.
2. Tennis
courts with setbacks less than ten feet are not allowed any tennis
court lighting and shall be designed so that the corners of the court
are constructed at forty-five degree angles.
B. There
shall be no more than one tennis court for each residential parcel
of land.
C. Private
tennis courts shall not be used for commercial purposes, and shall
be used only by the residents and their invited guests.
D. Tennis
court fencing shall not exceed six feet in height as measured from
the finished grade, and shall be completely screened from public view.
E. All
tennis courts shall be recessed a minimum of four feet below finished
grade and shall be further screened with a combination of walls, berms,
and landscaping.
1. The
wall shall be guaranteed to be maintained with a recorded agreement
providing that the property owner would maintain the wall in good
condition during the life of the tennis court.
2. A
landscape and irrigation plan with written notice to all adjacent
neighbors shall be submitted as part of an development plan permit
application for tennis courts with proposed setbacks of less than
ten feet.
F. A plan
for overhead court lighting shall be defined as part of an approved
development plan permit.
G. Light
standards shall not exceed the following heights as measured from
the court surface:
1. Eighteen
feet with four poles on each side; and
2. Twenty
feet with three poles on each side.
H. All
illumination fixtures shall be directed downward and away from adjoining
properties and public rights-of-way, and shall be shielded to prevent
spilling of light onto adjacent parcels.
I. Hours
of lighting operation shall be defined as part of an approved development
plan permit and the lighting shall not be used after ten p.m.
(Ord. 777 § 1 (Exh. A),
2002; Ord. 1027 § 2, 2011)
All uses shall be subject to the applicable provisions of this
Zoning Ordinance, 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; Ord. 1027 § 2, 2011)
The following standards shall apply to all condominium projects citywide, including specific plan areas, which are approved after the effective date of the ordinance codified in this section. This section provides minimum design and development standards for condominiums which are subject to approval of a development plan permit in compliance with Chapter
17.42 and which shall be constructed in the following manner:
A. Density.
The maximum density of the underlying zoning district may be allowed
only with demonstration that the project meets or exceeds city standards
and that superior design elements are utilized.
B. Building
Setbacks.
1. Structures
shall be located on the project property to meet the requirements
of the zoning district for setbacks and distances between buildings
except as provided herein. Setback requirements shall be measured
from the subdivision boundaries, common area boundaries and curb face
of private streets whichever is nearest as applicable. Where condominium
structures are not located along a street, and are located behind
other structures, or where there are structures back to back, there
shall be a minimum fifty-foot separation between buildings and there
shall be an unobstructed, minimum twenty-four foot wide separation
distance between buildings along the street, where it would be necessary
to bring a fire truck to a location within one-hundred sixty-five
feet of any portion of the exterior walls of any condominium structure.
2. In calculating the additional setbacks required for building heights above twenty feet, where there is no property line from which to measure setbacks, the required separation distances between buildings shall be increased pursuant to Section
17.20.100.
C. Site
Design.
1. There
should be an efficient and harmonious grouping of structures and space
which encourages the individuality of separate condominium dwelling
units within a unifying design concept.
2. The
applicant shall utilize site planning techniques and architectural
treatments to reduce the impact of building mass. Use of varied building
heights, building articulation, landscaping, walls and fences, screening
and other similar techniques may be employed to achieve the goal of
reduction of building mass impacts.
3. All
condominium lots shall be situated in such a way that noise impacts
will be mitigated. Dwellings shall be sound attenuated against present
and projected noise to mitigate noise impacts on outdoor living areas
and in all habitable rooms.
4. Buildings
shall be placed in a manner to allow streetscape building diversity.
Clusters of condominiums shall be sited in a manner that respects
the natural topography and that avoids excessive massing. Front setbacks
of structures shall be varied by increasing some setbacks to the extent
necessary to create an interesting appearance from the street.
5. Private
drives serving the clusters of single-family homes shall be curvilinear,
either following the natural contours, or in the event of a flat site,
to avoid long straightaways.
6. Condominium
structures shall be offset to avoid linear arrangement of homes between
clusters and across streets.
7. The
project shall establish safe, direct and convenient access to common
amenity areas.
8. Private
driveways serving four or less dwelling units having no parking within
the travelway shall have a minimum paved width of twenty-four feet.
D. Structure
Design.
1. Building
design shall integrate and equitably distribute details on sides of
proposed structures which face private streets, common areas and public
rights-of-way as follows:
a. Light and shadow achieved through openings, projections, recesses
and details;
b. Avoidance of large blank façades;
c. Roof lines shall vary by use of varying roof structural configurations
and slopes.
2. Rear
building elevations shall incorporate design features consistent with
front building elevations.
E. Landscaping.
1. Hierarchy
of the circulation system shall be reinforced by landscaping. Project
plans shall identify opportunities and techniques for the creation
of focal points where appropriate. Such opportunities may include,
but shall not be limited to, use of attractive hardscape elements,
specimen trees, water features or unusual plant groupings.
2. The
use of special landscape treatments and/or thematic elements shall
be used to embellish distinguishable features of the condominium project.
3. The
applicant shall enhance entry view corridors. Design treatments which
enhance project entries through the use of raised medians, additional
landscaping, landscape theme and location of recreational amenities
may be required.
4. It
shall be demonstrated that trees will be distributed on slopes, common
areas and/or lots and along private streets so as to interrupt and
soften the silhouette of structures visible from outside the project.
5. The
natural vegetation and topography should be preserved where such natural
features contribute to the attractiveness of the project and compatibility
within the neighborhood or district.
F. Compatibility
with Surrounding Development.
1. The
applicant shall design the project to create project edges which are
compatible with adjacent residential communities, which have been
previously approved by the city. Similar structure heights, comparable
or more attractive perimeter walls, architectural features and landscaping
improvements shall be designed.
2. The
design of the condominium structures and overall site plan should
be compatible with the physical characteristics of the site, with
buildings adjacent to the site, and with the character of the neighborhood
or district. Design compatibility of buildings includes harmonious
building style, form, size, color, materials and relationship to site
topography. A compatible design plan is one which preserves the existing
neighborhood character, facilitates efficient and convenient circulation,
is functionally related to the natural topography, utilizes natural
characteristics of the site, and is an asset to the community.
3. Due
consideration should be given to the impact of condominium development
on the neighborhood or district in which property is located. Development
should be designed to minimize view obstruction.
(Ord. 862 Exh. A, 2004; Ord. 1027 § 2, 2011)
In addition to the general property and use standards contained in Chapter
17.20, the following standards shall apply to vacation ownership resort projects:
A. Vacation
ownership resort projects shall have a minimum of fifty units (which
units can be developed subject to phasing in a manner and on conditions
approved by the California Department of Real Estate (DRE)) and be
developed only in conjunction and integrated with a resort hotel having
at least three hundred rooms. The vacation ownership resort project
shall have amenities on-site, as set forth in a development agreement
and conditional use permit. The requirement that a vacation ownership
resort project be developed, subject to phasing, in conjunction and
integrated with a resort hotel may be satisfied if the property/lot
on which the vacation ownership resort project is developed, abuts,
exclusive of any easement and/or right-of-way, the property/lot of
the existing resort hotel. A vacation ownership resort project shall
be required to have, as set forth above, at least two hotel units
for each vacation ownership unit, subject to the minimum requirement
of fifty vacation ownership units and three hundred hotel units.
B. It
must, as a minimum requirement, comply with all development standards
for the resort hotel zone in which it is located and have a minimum
size of one thousand two hundred square feet per vacation ownership
unit.
C. Each
vacation ownership unit intended for dwelling purposes shall have
a minimum of one bathroom and one kitchen and otherwise meet the building
standards applicable to a hotel room of similar type of construction.
A vacation ownership unit may contain a lock-off bedroom, kitchenette
and bathroom.
D. Prior
to issuance of a certificate of occupancy, a vacation ownership resort
project applicant shall post a maintenance bond letter of credit or
cash deposit, as determined by the director of community development,
to assure the maintenance of any landscaping on the right-of-way side
of any fence line along the perimeter of the project abutting any
public right-of-way. The amount of the bond, letter of credit or cash
deposit shall be equal to twenty-five percent of the landscaping maintenance
expense line item in the annual budget of the owner's association
having the duty to maintain the exterior of the vacation ownership
resort project. The bond, letter of credit or cash deposit shall run
to the city and it (or a substitute bond, letter of credit or cash
deposit supplied by the owner's association) shall remain in place
for the life of the project.
E. A development
agreement between the city and the vacation ownership resort project
applicant is required and shall include, among other things, the amount
of current and/or future fees to be paid to the city.
F. Approval of a conditional use permit pursuant to Rancho Mirage Municipal Code Chapter
17.48.
G. Application
Process. An applicant for a vacation ownership resort project shall
submit in the application at least the following information:
1. A
description of the means proposed to be employed to disclose the number
and location of all vacation ownership units within the project;
2. A
description of the proposed vacation ownership interval periods and
vacation ownership resort units and the proposed phasing schedule
for the development of the vacation ownership resort units;
3. All documents and/or information required by Chapter
17.56 related to development agreements as well as all documents and/or information required by Chapter
17.48 of the Rancho Mirage Municipal Code related to conditional use permits;
4. A
description of the proposed sales plan that will be used to sell the
vacation ownership intervals. Such sales plan shall include, but not
be limited to, a description of hours of operation, location(s), signage,
an estimate of the traffic related to such activity, and proposal(s)
to accommodate traffic;
5. When
and as submitted, prior to the issuance of the first building permit,
copies of vacation ownership program submissions to the DRE;
6. When
and as received, prior to the issuance of the first building permit,
copies of all DRE approvals of material components of the vacation
ownership program;
7. A
description and proposal of the manner in which vacation ownership
resort units might be rented nightly as hotel rooms, the estimated
transient occupancy tax (TOT) revenue, and how such TOT revenue would
be identified, collected and paid to the city.
(Ord. 1028 § 2, 2011)
A. Definition.
"Short-term rental" means a dwelling unit, in whole or in part, rented
for a period of twenty-seven consecutive calendar days or less, for
transient dwelling, lodging, sleeping, or special event purposes,
regardless of home-sharing or subletting arrangements. For the purposes
of this section, rentals in exchange for non-monetary forms of compensation
shall also qualify a dwelling unit as a short-term rental. Rentals
of units located within city-approved hotels, motels, time-shares,
and bed and breakfasts shall not be considered short-term rentals.
B. Prohibition.
Operation of short-term rentals is prohibited in every zone of the
city. Operation of a short-term rental includes advertising, offering
for rent, or agreeing to rent, a short-term rental, regardless of
whether a person actually occupies the short-term rental. Each such
action, and each day such operation persists, is a separate violation
of this section.
C. Exception.
Short-term rental certificates issued for 2021 shall not expire until
June 30, 2022. Certificate holders for 2021 must abide by all rules
and regulations applicable under the code as it read at the time the
certificate was issued, and such certificates may be revoked or suspended
for any reason set forth in the code at the time the certificate was
issued.
D. Penalty. The city may issue an administrative citation to any occupant, responsible party, owner(s), or the owner's authorized agent or representative, pursuant to Chapter
14.80 (Administrative Citation and Appeal Procedures) of this code for any violation of this section committed, caused or maintained by any of the above parties. Each day the violation persists shall constitute a separate violation. Unless otherwise provided herein, any person issued an administrative citation pursuant to this chapter shall for each separate violation be subject to the following fines: (1) an administrative fine in an amount not to exceed five thousand dollars for the first citation; and (2) a fine in an amount not to exceed ten thousand dollars for a second and any subsequent citation issued for the same offense within a twelve-month period of the date of the first offense.
(Ord. 1189 § 2, 2021)