The purpose of this chapter is to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan.
(Ord. 24-13, 10/1/2024)
The standards of this chapter apply to all zones. These standards shall be considered in combination with the standards for each zone in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), in Article 4 (Standards for Specific Land Uses), and in Chapter 17.325 (Water Efficient Landscape and Irrigation). In the event of a conflict, the standards specific to the zone or the specific land use shall override these general standards.
All structures, additions to structures, and uses shall conform to the standards of this chapter as determined to be applicable by the Director, except as identified in Chapter 17.705 (Nonconforming Parcels, Structures, and Uses).
(Ord. 24-13, 10/1/2024)
The following are general requirements applicable to all land uses.
A. 
Access to streets. Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road, or a private street or road, conforming to City standards. All structures shall be located to provide safe and convenient access for servicing, fire protection, and required off-street parking. Parcels, which are located on a private street or road and were legally established before the effective date of this Development Code, are exempt from the required compliance with the latest adopted City standards for private streets or roads.
B. 
Access to structures. Structures or features shall not be located in a way that prevents complete pedestrian access at all times to and around a primary structure. Gates or other similar openings at least two and one-half feet in width shall be considered as providing suitable pedestrian access.
C. 
Driveways. Driveways providing site access shall be from an improved street, alley, public right-of-way, or private right-of-way and shall be designed, constructed, and maintained in compliance with the City's standard specifications.
D. 
Lot suitability for purpose. Any subdivision shall result in the creation of lots which can be used or built upon. No subdivision shall create lots for building purposes which are impractical for improvement or use due to steepness of terrain, location of watercourses, size, shape or other physical conditions. Lots not intended for development, such as open space lot, or common access areas, shall be designated on subdivision maps as lettered lots. Buildable parcels shall be designated as numbered lots.
E. 
Lot size. The minimum area and dimensions of all lots shall conform with the requirements of this Development Code, Title 17 of the Municipal Code.
F. 
Lot configuration. The configuration of all lots shall conform with the requirements of the Subdivision Code, Title 16 of the Municipal Code.
G. 
Lot lines. Lot lines shall be located so as to facilitate the best utilization of existing and potential building sites. Normally, the side lines of lots shall be straight and approximately at right angles to the street, or approximately radial if the street is curved.
H. 
Lot depth. The horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line to the midpoint of the rear lot line.
I. 
Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at the building setback line for regular lots, and the horizontal distance between the side lot lines measured by a straight line drawn at one-third the required minimum lot depth on each side lot line for cul-de-sac lots, and knuckle lots.
J. 
Cul-de-sac, knuckles and curves. This subsection establishes the measurement and exemptions to the minimum lot dimensions required in Tables 2-3, 2-5, 2-6, 2-7, and 2-8 for lots that substantially front onto cul-de-sacs bulbs, knuckles and curves.
1. 
Parcel width.
a. 
The minimum front property line shall be a minimum of 30 feet. For small lot subdivisions, the front property line width may be further reduced by the approval authority if the parcels front onto private streets and the developer can demonstrate that there is sufficient space between driveways and driveway approaches. Shared approaches are discouraged and may be approved only where there is no reasonable alternative available.
b. 
The minimum lot width, when measured at the building setback line, may be reduced by 10%.
K. 
Flag lot. The creation of flag lots shall be discouraged and may be approved only where there is no reasonable alternative available to develop the interior portions of excessively deep parcels or where required by unusual physical constraints. However, where allowed, a flag lot shall comply with the requirements of Title 16 (Subdivisions).
(Ord. 24-13, 10/1/2024)
This section provides the City's policy regarding the "right to farm" and contains a subdivider's and owner's disclosure statement that acknowledges the subdivider's and owner's understanding of the presence of the adjoining agricultural use and the City's policy regarding its right to continue.
A. 
Policy of the City. It is the declared policy of the City to preserve, protect, and encourage development of its agricultural land consistent with Civil Code Section 3482.5. That section provides that no agricultural activity, operation, or facility, or appurtenances, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began. This policy applies to normally acceptable agricultural operations, as defined in Civil Code Section 3482.5, and shall not apply if the agricultural activity, operation, or facility, or appurtenances obstruct the free passage or use, in the customary manner, of any public park, square, street, or highway. This policy shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural activity, operation, or facility, or appurtenances constitute a nuisance, public or private, as specifically defined or described in any of those provisions.
B. 
Subdivisions. If a subdivision is at any point located within 300 feet of land zoned or used for agricultural uses, the approval of the tentative and final subdivision map or parcel map shall be conditional upon the recordation with the County Recorder of a right to farm covenant acknowledging, accepting, and complying with this section, in substantially the following wording or similar form:
The undersigned, in consideration of recordation of the subdivision by the City of San Jacinto, do hereby covenant and agree with the declared policy of the City of San Jacinto (Right to Farm Ordinance) to preserve, protect, and encourage development of its agricultural land consistent with California Civil Code Section 3482.5 which provides that no agricultural activity, operation, or facility, or appurtenances thereof, as defined in the code, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began; that the described property is in or near agricultural zones or operations and that the residents of the property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. This covenant shall run with the land and be binding upon all future owners, heirs, successors, and assigns to the property.
C. 
Notice to owners and tenants. Project applicants shall prepare a written disclosure statement before the sale, lease, or rental of a dwelling unit that is located within 300 feet of land zoned or used for agricultural purposes. The disclosure statement shall indicate that the buyers/occupants will be living in an area with active agricultural operations and that the noise, odors, and outdoor activity levels may be more intrusive than levels in a typical suburban residential area. Each buyer or tenant shall sign the written disclosure statement acknowledging that they have received, read, and understand the disclosure statement.
(Ord. 24-13, 10/1/2024)
A. 
Maximum height. The height of structures shall not exceed the maximum standard established by the applicable zone in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), except as provided in this section.
B. 
Height measurement. Maximum height shall be measured as the vertical distance from the finished grade to an imaginary plane located parallel to the finished grade at a height allowed by the zone. See Figure 3-2 (Height Measurement).
Figure 3-2
Height Measurement
C. 
Increase in certain height limits. The maximum allowable height may be increased by no more than 20% for the following structures, unless otherwise noted.
1. 
Barns, silos, grain elevators, and other farm structures in the RE (Residential Estate) Zone.
2. 
Architectural features of places of worship.
3. 
Cooling towers, smokestacks, or other structures that are necessary to operate allowed industrial processes in industrial zones.
4. 
Cupolas, domes, skylights, and gables.
5. 
Elevator housings.
6. 
Fire and hose towers.
7. 
Fire or parapet walls up to four feet above the allowable height limit of the structure. No mechanical equipment shall exceed the height of the parapet.
8. 
Flag poles.
9. 
Mechanical equipment and its screening to include roof-mounted wireless telecommunication support facilities.
10. 
Noncommercial antenna in compliance with Section 17.430.290 (Satellite/Dish Antenna and Amateur Radio Antenna).
11. 
Observation and carillon towers.
12. 
Ornamental towers and spheres.
13. 
Radio and television station towers.
14. 
Residential chimneys, flues, smokestacks, and enclosures.
15. 
Noncommercial solar energy collectors.
16. 
Stairway housings.
17. 
Water tanks and water towers.
18. 
Other roof structures and mechanical equipment similar to those listed above.
D. 
Use specific height limits. When conflicts between use specific height limits and the base zone in which the use is located with specific height limits be subject to the use specific standards.
1. 
Fences, hedges, and walls, which shall comply with Chapter 17.315 (Fences, Walls, and Hedges).
2. 
Stealth monopole towers, which shall comply with Section 17.430.370 (Wireless Telecommunication Facilities).
3. 
Signs, which shall comply with Chapter 17.335 (Sign Regulations).
(Ord. 24-13, 10/1/2024)
A. 
Applicability. This section provides standards for all metal buildings and structures, except for the following:
1. 
Small metal storage structures not exceeding 120 square feet and utilized as accessory structures on residentially zoned properties; and
2. 
Metal storage structures on sites with existing bona fide agricultural uses.
B. 
Prohibited locations. Prefabricated, all-metal buildings shall be prohibited on properties having frontage along streets with a classification of "Major" or higher in the General Plan Mobility Element unless designed with added architectural features approved through the site plan and design review process. This shall not preclude the use of typical metal details (e.g., Cor-Ten™ steel, weathering steel, etc.) on structures approved through the site plan and design review process.
C. 
Design criteria.
1. 
Structures utilizing metal sheathing shall be designed to be compatible with surrounding land uses and architecture.
2. 
The front of the structures shall face the street, where practical, and shall utilize materials other than metal (e.g., masonry, stone, concrete, wood, glass, etc.), either structurally or applied as a veneer.
3. 
The structure's design shall include an architecturally enhanced roofline (e.g., mansard roof, parapet wall, etc.).
4. 
Enhanced treatment shall not end at an exposed corner, but shall wrap around the side walls a distance of at least three feet.
(Ord. 24-13, 10/1/2024)
This section establishes screening standards for the separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas. See also Chapter 17.315 (Fences, Walls, and Hedges).
A. 
Screening between different zones.
1. 
Screening shall be required between different zones. For example, a nonresidential land use proposed on a site abutting a residential zone shall provide screening at the lot line that is common with the residential zone. See Figure 3-4 (Screening and Buffering between Different Land Uses and Zones).
2. 
The screen shall consist of plant materials and a solid, decorative wall of masonry or similar durable material installed and maintained in compliance with Chapter 17.315 (Fences, Walls, and Hedges). See Figure 3-4 (Screening and Buffering between Different Land Uses and Zones).
3. 
The decorative wall shall be architecturally treated on both sides, subject to the approval of the Director.
4. 
A landscape strip with a minimum width of five feet shall be installed adjacent to a screening wall, except that a greater landscape strip between a parking lot and a screening wall may be required in compliance with Section 17.330.090 (Landscaping Standards for Parking Areas).
5. 
The Director may waive, or approve a substitute for the requirements of Subsection A.2, 3, and 4 above, if the Director first determines that:
a. 
The relationship of the proposed uses makes screening unnecessary;
b. 
The intent of this section can be successfully met by alternative screening methods; or
c. 
Physical characteristics or constraints on the site make the required screening infeasible or unnecessary.
B. 
Mechanical equipment. Mechanical equipment (e.g., air conditioning, ductwork, heating, plumbing lines, refrigeration equipment, transformers, etc.) shall be screened as provided in this subsection. Telecommunication equipment and antennae shall be screened in compliance with Section 17.430.370 (Wireless Telecommunication Facilities).
1. 
Exterior mechanical equipment installed on the ground shall be screened from public view on all sides.
2. 
Screening of the top of roof-mounted exterior mechanical equipment may be required by the Director, if necessary to protect views from adjacent parcels. See Figure 3-5 (Screening of Roof-Mounted Equipment).
3. 
Screening materials may be solid concrete, wood, or other opaque material and shall effectively screen the mechanical equipment so that it is not visible from an adjacent parcel or public right-of-way.
4. 
The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style and subject to the approval of the Director.
Figure 3-4
Screening and Buffering between Different Land Uses and Zones
Figure 3-5
Screening of Roof-Mounted Equipment
C. 
Utility meters. Utility meters shall be:
1. 
Enclosed within subsurface vaults when located within a required front setback or in a street side setback; and
2. 
Screened from view from public rights-of-way in compliance with Subsection B.3 and 4, above, but need not be screened on top or when located within the interior side setback of a single-family parcel.
D. 
Loading docks and refuse areas. Loading docks and refuse storage areas shall be screened so that they are not visible from an adjacent parcel or public right-of-way. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style and subject to the approval of the Director. Refuse storage areas shall comply with Section 17.305.130 (Solid Waste/Recyclable Materials Storage). The height of screening shall be determined by a sight distance analysis in which the wall intercepts a line drawn from the approximate eye level of a passerby in a vehicle to the top of the loading door.
E. 
Screening for other activities and land uses. Screening shall also be provided in compliance with the standards contained in Chapter 17.330 (Off-Street Parking and Loading Standards) and Article 4 (Standards for Specific Land Uses), as applicable.
F. 
Buffering between different land uses.
1. 
Buffering between incompatible land uses shall be required. For example, a developer or a subdivider of a residential project shall install buffers between a residential project and adjacent agricultural uses (e.g., dairy farms, crops, horse farms, etc.), subject to approval of the Director.
2. 
Roll-up doors and loading doors in nonresidential zones shall not face or be visible from a public right-of-way.
3. 
Open space, landscaped buffers, trees, fences or walls, or any combination of them, shall be provided between major roadways and sensitive land uses identified in Section 17.300.030 (Air Quality).
(Ord. 24-13, 10/1/2024)
This section establishes standards to ensure the provision of open areas for access to and around structures, access to natural light and ventilation, landscaping, recreation, separation of incompatible land uses, space for privacy, traffic safety, and visibility.
A. 
General requirements.
1. 
All structures shall conform to the setback requirements identified for each zone in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), except as modified for hillside development in compliance with Section 17.305.070 (Hillside Development) or for specific uses in Article 4 (Standards for Specific Uses).
2. 
Each setback area shall be open and unobstructed from the ground upward, except as provided in Subsection B (Exemptions from setback requirements).
B. 
Exemptions from setback requirements. The minimum setback requirements do not apply to the following:
1. 
A building feature that encroaches into a required setback as allowed by Subsection D (Allowed projections);
2. 
A fence or wall in compliance with Chapter 17.315 (Fences, Walls, and Hedges);
3. 
A driveway, walkway, deck, earthwork, step, patio, free-standing solar device in other than a front setback, or other site design element that is placed directly upon grade and does not exceed a height of 18 inches above the surrounding grade at any point;
4. 
A sign in compliance with Chapter 17.335 (Sign Regulations);
5. 
A retaining wall less than 30 inches in height above finished grade; or
6. 
An accessibility improvement is not subject to setback or lot coverage limitations if the size of the accessibility improvement does not exceed the minimum design specifications in the California Building Code. For purposes of this provision, an accessibility improvement is an unroofed and open structure, including a ramp and chairlift that: 1) allows a person with a physical disability access to a single-family dwelling and 2) is exterior to the single-family dwelling.
C. 
Measurement of setback areas. Setback areas – Figure 8-10 (Setbacks) – shall be measured as follows:
1. 
Right-of-way line. Whenever a future street right-of-way line is officially established (e.g., by designation in the General Plan, in subdivision map, etc.), required setback areas shall be measured from the established future right-of-way line(s).
2. 
Front setback area.
a. 
Lots generally. The front setback area shall be measured by a line, at right angles to the front lot line or by the radial line in the case of curved front lot line, from the nearest point on the front lot line to the nearest relevant setback line.
b. 
Corner lots. The front setback area for a corner lot shall be measured by a line, at right angles to the lot line adjoining the street to which access to the property is taken, from the nearest point on that front lot line to the nearest relevant setback line.
c. 
Through lots. One of the front setback areas of a through lot may serve as a required rear setback area, provided that the rear setback area conforms to the front setback area of the adjoining parcels.
d. 
Averaging for infill situations. In a residential zone, the Director may reduce the required front setback area for a designated in-fill parcel to the average depth of the front setback areas for the two adjacent parcels if the two adjacent parcels have existing structures that:
i. 
Are located within 25 feet of the parcel's lot lines; and
ii. 
Project beyond the required front setback line.
3. 
Side setback area. The side setback area shall be measured by a line, at right angles to the side lot line, from the nearest point on the side lot line to the nearest relevant setback line.
4. 
Street side setback area. The side setback area on the street side of a corner lot shall be measured from the nearest point on the side lot line adjoining the street to the nearest point of the relevant setback line.
5. 
Rear setback area. The rear setback area shall be measured at right angles from the nearest point on the rear lot line to the nearest relevant setback line, except:
a. 
If an access easement or street right-of-way line extends into or through a rear setback area, the measurement shall be taken from the nearest point of the access easement or right-of-way line; and
b. 
Where the side lot lines converge to a point at the rear of the lot, a line at least 10 feet long within the parcel, parallel to the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback area. See Figure 3-6 (Rear Setback Areas on Irregularly-Shaped Parcels).
6. 
Director's determination. In situations different from those identified above, the Director shall have the authority to determine how setbacks shall be measured.
7. 
Corner, irregular shaped parcels, and through lots. The Director shall have the authority to change or modify the designation of front, side, and rear lot lines when building orientation, topography, neighborhood development patterns, or other justification exists.
Figure 3-6
Rear Setback Areas on Irregularly-Shaped Parcels
D. 
Allowed projections into setback areas.
1. 
Projections into required setback areas are allowed for all zones in compliance with the standards in Table 3-2 (Maximum Allowed Projections into Setback Areas for Attached Structures), subject to the exceptions in Subsection D.2, below. For detached accessory structures, see Chapter 17.405 (Accessory Structures and Uses). See Figure 3-7 (Allowed Projections in Setback Areas) for visual examples of projections.
Table 3-2
Maximum Allowed Projections into Setback Areas for Attached Structures
Projecting Feature
Front Setback Area
Side Setback Area
Rear Setback Area
Architectural Features
Brackets, cornices, eaves, roof overhangs, etc.
36 inches max.
36 inches max.
36 inches max.
Belt courses, ornamental moldings, pilasters, etc.
6 inches max.
6 inches max.
6 inches max.
Awnings, canopies, covers — opened on at least three sides
Residential zones
20% of required front setback area or 5 ft., whichever is less, except within driveway areas
20% of required side setback area or 5 ft., whichever is less
1/2 depth of required rear setback area
Nonresidential zones
1/2 depth of required front setback area
2 ft. max.
1/2 depth of required rear setback area
Decks, landings, and porches
Between 19" and 30" above grade
6 ft. max.
20% of required side setback area or 36 inches, whichever is greater.
20% of required rear setback area or 36 inches, whichever is greater.
Greater than 30" above grade
20% of required side setback area
20% of required rear setback area
Enclosed
Not allowed in required setback area
Bay windows
30 inches max.
30 inches max.
30 inches max.
Chimneys, fireplaces, and barbecues (attached), 6 ft. or less in width
24 inches max.
24 inches max.
24 inches max.
Fire escapes and stairways
Not allowed
48 inches max.
48 inches max.
2. 
Exceptions to allowed projections.
a. 
Minimum thirty-six-inch-wide passageway. Regardless of the allowed projections into setback areas, a minimum thirty-six-inch-wide passageway shall be maintained within at least one side setback area adjacent to the primary structure. The passageway shall be free of any encroachments and obstructions, including covers, fences, walls, mechanical equipment, and items not attached to the primary structure.
b. 
Public rights-of-way. A revocable encroachment permit issued by the City Engineer, with conditions specified in Municipal Code Section 9.12.060 (Graffiti abatement–A condition to issuance of city permits and approval), if applicable, shall be required for any type of projection into a public right-of-way.
c. 
Traffic visibility area. See Section 17.305.150 (Traffic Visibility Area) for restrictions on projections into traffic visibility areas.
Figure 3-7
Allowed Projections into Setback Area
(Ord. 24-13, 10/1/2024)
This section provides standards that support the City's compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911). Related standards are in Municipal Code Chapter 8.32 (Garbage Collection and Disposal), Chapter 8.33 (Mandatory Organic Waste Disposal Reduction), and Chapter 8.34 (Construction and Demolition Waste Management).
A. 
Applicability. These requirements apply to new multi-family residential development, nonresidential development, and changes to existing multi-family or nonresidential development that increase gross floor area by 25% or more.
B. 
Extent of storage area required. Solid waste, recyclable materials, and organic materials storage areas shall be provided in the number, dimensions, and types required by the Director or review authority. Additional storage areas may be required, as deemed necessary by the Director or review authority.
C. 
Location requirements. Refuse and recyclable materials storage areas shall be located in the following manner:
1. 
Refuse and recyclable material storage areas shall be side-by-side or combined together.
a. 
They shall only be located:
i. 
Inside a specially-designated structure;
ii. 
On the outside of a structure in an approved fence/wall enclosure; or
iii. 
A designated interior court or yard area with appropriate access or in rear yards and interior side yards.
b. 
Exterior storage area(s) shall not be located in a required:
i. 
Front setback area;
ii. 
Street side setback area;
iii. 
Parking space; or
iv. 
Landscaped or open space area.
2. 
Storage area(s) shall be accessible to residents and employees at all times. Storage areas within multi-family residential developments shall be located within 250 feet of an access doorway to the dwellings that they are intended to serve;
3. 
Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector; and
4. 
Storage areas shall not be placed closer than 20 feet from doors or operable windows of adjacent structures.
D. 
Design and construction. The design and construction of the storage area(s) shall:
1. 
Be architecturally compatible with adjacent structures;
2. 
Prevent removal of bins by unauthorized persons, while allowing ungated pedestrian access for disposal of materials;
3. 
Provide a concrete pad within the fenced or walled area(s) and a concrete apron in order to facilitate the handling of the individual bins or containers;
4. 
Minimize potential adverse environmental impacts (e.g., odors, stormwater runoff, etc.); and
5. 
Be fully screened from view by solid masonry walls, gates, overhead roofs, and landscaping in compliance with Section 17.305.110 (Screening and Buffering). See Figure 3-8 (Solid Waste Enclosure).
Figure 3-8
Solid Waste Enclosure
(Ord. 24-13, 10/1/2024)
A. 
Traffic visibility area required. Development proposed adjacent to a public or private street or alley intersection, or the intersection of a driveway with a street, shall be designed to provide an area of unobstructed vision, known as a traffic visibility area, to provide for pedestrian and traffic safety.
B. 
Measurement of visibility area. A traffic visibility area may include private property and public right-of-way and is formed by a triangle measured as follows:
1. 
Street intersections. At the intersection of two streets, the visibility area shall be bounded by measuring from the intersection of the street property lines or the projections thereof to points 25 feet along each of the street property lines and connecting the points with a diagonal line across the parcel. See Figure 3-9 (Traffic Visibility Area for Street-to-Street Intersections).
2. 
Driveways. At the intersection of a street and a driveway, the visibility area shall be bounded by measuring from the intersection of the driveway with the street right-of-way line to a point 15 feet along the driveway and to a point 15 feet along the street line, away from the driveway, and connecting the points with a diagonal line across the parcel. See Figure 3-10 (Traffic Visibility Area for Street-to-Driveway Intersections).
3. 
Reverse corner lots. For a reverse corner lot on local streets only, adequate sight distance shall be provided that is satisfactory to the City Engineer and shall be maintained in both directions from the centerline of the driveway, as measured 15 feet back from the right-of-way line. Local streets shall be as defined in the Mobility Element in the General Plan.
C. 
Height limit. No structure (e.g., fence, wall, etc.), sign, or landscape element shall exceed 30 inches in height within the traffic visibility area, unless approved by the City Engineer. This limitation shall not apply to existing public utility boxes, traffic signs and signals, trees with their canopy trimmed to a minimum of seven feet above grade, or corners where the contour of the land itself prevents visibility. See example of fence step-down in Figure 3-9 and Figure 3-10.
D. 
Planned developments. For projects reviewed under a planned development, the traffic visibility triangle may be reduced for interior, private, streets where on-street parking is restricted by a home owner's association, or other legal entity, as determined appropriate by the City Engineer.
Figure 3-9
Traffic Visibility Area for Street-to-Street Intersections
Figure 3-10
Traffic Visibility Area for Street-to-Driveway Intersections
(Ord. 24-13, 10/1/2024)
A. 
When undergrounding required. Except as provided in Subsection C (Exceptions to undergrounding requirement), below, all of the following electrical distribution lines of 66,000 volts or less, communications, video, and similar service wires or cables shall be installed underground:
1. 
Existing and located within the boundaries of the parcel being developed;
2. 
Existing between the lot line and the centerline of the peripheral streets of the parcel being developed; or
3. 
Located along or within six feet of the lot lines of the parcel to be developed and that do not provide service to immediate adjacent properties.
B. 
Responsibility for undergrounding. The developer shall be responsible for complying with this section and the California Public Utilities Commission rules and regulations. Facilities fronting public streets shall be installed underground to the next available pole, or to a location minimizing impacts on adjacent properties and approved by the City Engineer. The developer shall make all necessary arrangements with the utility company for the installation of the facility.
C. 
Exceptions to undergrounding requirement. The following exceptions shall apply:
1. 
Utility service poles may be placed in the area within six feet of the rear lot line of the property to be developed for the sole purpose of terminating underground facilities.
2. 
Temporary aerial relocation of existing facilities may be allowed to accommodate construction for an agreed-upon time period based on the developer/owner obtaining valid building permits, temporary use permits in compliance with Chapter 17.640 (Temporary Use and Special Event Permits), and other permits required by the Municipal Code.
3. 
Equipment (e.g., surface-mounted transformers; pedestal-mounted terminal boxes and meter cabinets; concealed ducts in an underground system, etc.) may be placed aboveground when installation underground is not technologically feasible, as determined by the City Engineer. Equipment installed aboveground shall be screened from public view in compliance with Section 17.305.110 (Screening and Buffering).
4. 
Residential development of designated in-fill parcels shall be exempt from Subsection A (When undergrounding required), above.
D. 
Temporary waivers.
1. 
The City Manager may temporarily waive the requirement to underground existing aerial facilities when a project applicant files a formal request in the following circumstances:
a. 
Developments consisting of more than three residential units but having less than 600 feet of street frontage;
b. 
Nonresidential uses having less than 600 feet of street frontage; or
c. 
When electrical distribution lines of 66,000 volts or less, communications, video, or similar service wires or cables are located on developed property on the other side of a public right-of-way from the proposed development.
2. 
In the event of a waiver in connection with Subsection D.1.a or b above, an estimated cost for undergrounding utilities shall be determined and cash in this amount shall be deposited with the City in compliance with Section 17.660.070 (Performance Guarantees). This cash amount shall be held in trust by the City until an area sufficient in size to warrant the formation of an underground utility district or until costs for undergrounding a minimum distance of 600 feet, or a greater distance as determined by the City Engineer, have been collected.
3. 
In the event of a waiver in connection with Subsection D.1.c above, an estimated cost for undergrounding utilities shall be determined and cash in an amount equal to 50% of the estimated cost shall be deposited with the City in compliance with Section 17.660.070 (Performance Guarantees). The fee shall be held in trust by the City until an area sufficient in size to warrant the formation of an underground utility district or other similar undergrounding program has been collected.
E. 
Nonconforming structures.
1. 
A structure that is nonconforming, due to above-ground on-site utility lines, may continue to be used, altered, or enlarged as if the nonconforming utility lines did not exist. However, the utility lines shall be installed underground when any of the following occurs:
a. 
The structure(s) is enlarged to over 2,500 square feet in area;
b. 
Alteration or enlargement requires the installation of utility lines at new locations on the structure(s);
c. 
Existing electrical capacity to the structure(s) is increased 100% or more; or
d. 
The structure(s) is improved in an amount of more than $35,000, as may be adjusted from time to time by the Council.
2. 
Notwithstanding Subsection E.1, above, nonconforming structures located in an area eligible for use of Rule 20 funds (i.e., funds from the local electric utility to relocate overhead electric facilities and install them underground), the developer/owner shall pay the fee required by the City and the local electric utility.
(Ord. 24-13, 10/1/2024)