1997 01 28 PCQum&2
OF
PLANNING COMMISSION
AGENDA
A Regular Meeting to be Held at the
La Quinta City Hall Council Chamber
78-495 Calle Tampico
La Quinta, California
January 28, 1997
7:00 P.M.
**NOTE**
ALL AGENDA ITEMS NOT CONSIDERED BY 11:00 P.M. MAY BE CONTINUED
TO THE NEXT COMMISSION MEETING
Beginning Resolution 97-006
Beginning Minute Motion 97-001
I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. CONFIRMATION OF AGENDA
III. PUBLIC COMMENT
This is the time set aside for public comment on any matter not scheduled for public hearing.
Please complete a "Request to Speak" form and limit your comments to three minutes.
IV. CONSENT CALENDAR
A. Approval of the Minutes of January 14, 1997
B. Department Report
PC/AGENDA
V. PUBLIC HEARINGS
Item .................. CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES
Applicant ........... City of La Quinta
Location ............ City-wide
Request ............. Consideration of Amendments to the CEQA Guidelines for the City
of La Quinta in compliance with State requirements concerning
environmental procedures
Action ............... Table for further review - will be readvertised
2. Item .................. ZONING ORDINANCE AMENDMENT 96-054
Applicant ........... City of La Quinta
Location ............ City-wide
Request ............. Consideration of Amendments to the La Quinta Municipal Code, by
revising Title 9 (Zoning Regulations), relating to various chapters
dealing with such items as height limitations, setbacks, Hillside
Conservation, Bed and Breakfast regulations, and Cave Residential
Development Standards
Action ............... Resolution 97- ,
VI. BUSINESS ITEMS - None
VII. CORRESPONDENCE AND WRITTEN MATERIAL
VIII. COMMISSIONER ITEMS
IX. ADJOURNMENT
PC/AGENDA
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, CA
January 14, 1997
CALL TO ORDER
7:00 P.M.
A. This meeting of the Planning Commission was called to order at 7:04 P.M. by
Chairman Abels who asked Community Development Director Jerry Herman to lead
the flag salute.
B. Chairman Abels requested the roll call: Present: Commissioners Butler, Gardner,
Newkirk, Seaton, Tyler, Woodard, and Chairman Abels.
C. Staff present: Community Development Director Jerry Herman, City Attorney Dawn
Honeywell, Planning Manager Christine di Iorio, Associate Engineer Fred Bouma,
Principal Planner Stan Sawa, Associate Planners Greg Trousdell and Wallace Nesbit,
and Executive Secretary Betty Sawyer.
lI. CONFIRMATION OF AGENDA - Confirmed
III. PUBLIC COMMENT:
A. Mr. Mike Smith, Warner Engineer stated he was concerned about the number of on-
going street improvement projects and inconveniences that have been caused. He
asked if the City of La Quinta had any influence with the City of Indian Wells to
reopen Miles Avenue. Would a joint effort of the Valley cities working with CVAG,
or some other Valley -wide organization, have any input. Chairman Abels stated staff
would look into it, but in the meantime, when the construction at Highway 111 and
Washington Street is completed combined with the opening of 48th Avenue, a lot of
traffic problems would be alleviated.
IV. CONSENT CALENDAR
A. Chairman Abels asked if there were any corrections to the Minutes of December 10,
1996. Commissioner Butler asked that the Minutes be amended on Page 1, B. to
state that "Vice Chairman Butler requested the roll call:" There being no further
corrections, it was moved and seconded by Commissioners Tyler/Gardner to approve
the minutes as corrected. Unanimously approved.
B. Department Report: None
Planning Commission Minutes
January 14, 1997
V. PUBLIC HEARINGS
A. Continued Vesting Tentative Tract 28458 Site Development Permit 96-594. and
Variance 96-027; a request of EZ Okie for approval of a 28.8 acre subdivision
consisting of 115 single family and other lettered public streets and well site lots;
approval of house plans; and deviation in the rear yard setback to not less than 10 feet
on cul-de-sac and knuckle lots.
1. Chairman Abels re -opened the continued public hearing and asked for the
staff report. Associate Planner Greg Trousdell presented the information
contained in the staff report, a copy of which is on file in the Community
Development Department. Staff informed the Commission that the Site
Development Permit would be approved/denied by Resolution, not Minute
Motion.
2. Commissioner Woodard asked staff to clarify why new Condition # 13 was
minor as he did not consider any of the items listed as minor. He was also
concerned as to why the applicant was requesting changes that had been
required and approved by the Design Review Board and Planning
Commission for the original tract map. In a final design solution, if side
loaded garages are to be used, where are they to be used, and if these are
proposed, why are they not included in the package they are reviewing. Staff
explained that the final design solution was based on the outcome of the
Variance application. If the Variance request was denied, a different design
solution would have to be prepared. There were a number of different
solutions proposed and staff was submitting only one for Commission
consideration.
3. Commissioner Woodard asked staff if it was customary/appropriate planning
to allow single family detached residential units instead of attached, to be
constructed next to commercially zoned property. Staff explained that the
existing zoning categories match the Parcel Map layout. Commissioner
Woodard stated it seemed inappropriate to have a road where the main
entrance to a single family residential development is across from a
commercial use. Community Development Director Jerry Herman cited
examples where this did occur in the City.
4. Commissioner Woodard questioned why only one facade per plan was being
submitted for Commission review. As it appeared, the plotting map showed
the Plan 2 units being constructed together with the same elevation. In
addition, he asked if the front yard landscaping, whatever that will be, will be
planted at the time of the construction of each house. Staff stated the front
yard landscaping plan was conditioned to be approved by staff.
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January 14, 1997
Commissioner Woodard questioned why the Commission was approving
landscaping on some projects and not on others. Staff stated it was a case -by -
case situation. Commissioner Woodard stated that he believed that the
landscaping was a very important aspect of reviewing these projects to make
them unique to La Quinta. Staff responded that the Planning Commission
can add or amend the draft conditions to support their position.
5. Commissioner Woodard questioned Condition # 1 which allowed the
applicant to work with staff to replot units if the Variance was denied. He
would prefer to have this brought back to the Commission for their review
and approval and not staff. Chairman Abels stated this should be added as
a condition.
6. Commissioner Seaton asked for clarification on the entrance and exit to the
project and when the Palm Royale Road street improvements would be
completed. She was concerned that with the number of homes to be
constructed there would not be enough ingress and egress access points into
the tract. Planning Manager Christine di Iorio explained that the applicant's
idea was to begin construction of the adjacent tract (TTM 28457) with the
circulation pattern progressing as the tract developed. The access to the tract
would be through Tract 28457. She went on to explain the circulation plan.
7. Commissioner Seaton asked if there would there be a signal constructed
where Palm Royale Drive exited onto Washington Street. Staff explained the
realignment of Darby Road and the proposed signal locations for Fred
Waring Drive and Palm Royale Drive.
8. Commissioner Butler asked staff about the ingress and egress of the tract onto
Fred Waring which could potentially create another traffic problem on Fred
Waring. He asked if there was a schedule for further street improvements to
alleviate this problem. Staff stated this question would need to be answered
by the Public Works Department. Commissioner Butler clarified that this
tract would be built with only one access onto Fred Waring Drive. Staff
stated that initially this was true. Until such time as the Public Works
Department or Fire Department dictated that the demand existed for a second
access point, only one would be provided. Associate Engineer Fred Bouma
stated that a condition had been added requiring construction of the second
access/ingress onto Palm Royale Drive at any time the City requires it. At the
latest, it would be constructed when the Fire Department requires a secondary
access. The Fire Department's normal procedure is to require the secondary
access when 40 homes are constructed. The Public Works Department has
asked that the developer secure the cost of constructing the signalized
intersection and that portion of Palm Royale Drive leading up to the tract's
secondary access, in case the commercial property is not developed before the
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January 14, 1997
second access is needed for this tract. If the commercial parcel is developed
first, then this tract is conditioned to participate only for its fair share of the
Palm Royale Drive and signal improvements.
9. Commissioner Woodard asked why there wasn't a "spring" number that
would determine when the signal would be required. Associate ]Engineer
Fred Bouma stated that as the Public Works Department would not be
tracking the traffic flow on Palm Royale Drive to know exactly when the
signal would be required, the City did not want to put the burden on this
developer. The City would prefer to wait until the commercial developed,
hopefully at the same time. The City therefore, conditions the tract according
to the number of units constructed. It is assumed that the commercial will
develop before the residential to keep the burden off the residential
developer.
10. Commissioner Butler questioned why staff was conditioning the tract to
provide the minimum diameter tree size as well as the size of the trees to be
used throughout the project. Staff clarified that until now the diameter of the
tree requirement had only been required for parkway landscaping.
Commissioner Butler stated he would prefer that it be required for the
residential projects as well. Staff stated the conditions would be changed to
require the diameter size of the tree as well.
11. Commissioner Butler stated he understood that Plan 4 would be required to
have a three car garage, but this was not shown on the elevation plan. He
would not like to approve a development with only four facades plotted at the
developers discretion and now with a setback requirement problem, the same
floor plan could be constructed next door to each other. He could not
approve a development when only four facades are submitted and the tract
was plotted due to setback requirements.
12. Commissioner Tyler stated he too, was concerned about the lack of details on
the facades, but as the designs were already constructed within the Quinterra
tract, he was at least able to visually see the homes. Secondly, he was also
concerned about the ingress/egress along Palm Royale Drive as he did not
believe the commercial development would happen very soon. He would like
the conditions to be more precise as to when the street improvements and
signalization would be required. In addition, he inquired about the on -going
negotiations between the developer and the property owners to the north. On
Page 6, Issue 2 of the staff report, it was stated that there had been dialog
between the developer and the property owners to the north regarding the
grade deviation. Staff stated they had hoped the developer would have the
slope easements in place before tonight's meeting, but negotiations were on -
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January 14, 1997
going. The applicant has provided signed agreements from some of the
property owners prior to the meeting. They are trying to work out a solution
that would not require large retaining walls, but would still allow the property
to drain into the retention basins. The design solution is based on connecting
the property to existing off -site sewer improvements.
13. Chairman Abels asked if the applicant would like to address the Commission.
Mr. Mike Smith, Warner Engineering, stated they had received 100%
approval from the residents to the north. In regard to the variance, he stated
the problem was that the City standards had changed between the time they
had received their application and the time it was filed. The problem was that
they could achieve large sideyards on the cul-de-sacs, but one corner of one
of the houses would be within ten feet of the wall. This problem is unique to
the cul-de-sacs that were widened as requested by the Fire Department for
turn around purposes. This widening shortens the depth across the front of
the lots. This is why it was an unfair advantage and warrants the variance.
With the old zoning standards they had no problem meeting the City
standards. Their only other solution was to develop smaller size houses.
14. Commissioner Butler asked what floor plans were to be used in the cul-de-
sacs. Mr. Smith explained that they would not have the same floor plan next
to each other. Commissioner Butler asked if a different floor plan was used,
would this not solve the problem. Mr. Smith stated that it wouldn't as the
problem lies only with one corner of the house, no matter what plan is used.
Alternatives were discussed.
15. Commissioner Tyler asked why Lot 105 couldn't be reoriented/rotated to
solve the problem. Mr. Smith stated this could be done, but it would not
solve all the problem lots as the corner would still be within the twenty foot
setback on some of the lots.
16. Commissioner Woodard stated that Lots 24 and 25 could not be rotated, as
well as Lot 32, 42, and 51. If this method is used on the interior lots it could
solve the problem.
17. Commissioner Tyler clarified that the variance was only being requested on
the cul-de-sacs and not the entire project.
18. City Attorney Dawn Honeywell reminded the Commission that the entire
map was before the Commission and they could require that any of the lots
be changed in shape to solve the problem. This is not a fixed map and will
not be until it is approved and becomes a vesting tract map. The applicant by
applying for a variance, is asking the Commission to make findings to
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January 14, 1997
approve the variance based on the irregular shapes of lots that, as of yet have
not yet been fixed by the Commission. The Commission will have a hard
time making the required findings when the lot sizes have not been fixed, if
the premise for asking for the variance is irregular lots. The lot sizes have not
been fixed and the Commission can require the lot sizes be changed to solve
the problem. Although the applicant wants to build larger houses on larger
lots or different size houses, the Commission cannot make findings to
approve the variance. The Commission cannot approve five or six lots as the
findings need to be made that the lot itself is irregular in shape. When the
Commission is in the process of approving the lot, the Commission would be
approving irregular lots that the Commission knows in advance require a
variance from the City's ordinance. It would not be logical.
19. Commissioner Woodard stated he did not understand why the Commission
cannot define which lots can have a variance applied. Community
Development Director Jerry Herman stated that in order to grant a variance
there must be four findings made to justify the variance. One finding is that
the lot is irregularly shaped and the owner cannot build on the lot because of
its size, shape, or topography. At the present time there are no lots, as the
Commission is creating the lots through the approval process. Therefore, the
Commission can create those lots to be any size to accommodate the house
plans and meet the setbacks. As the lots are not yet created, the Commission
has no ground to grant a variance. This is not a City law, but based on State
law.
20. Chairman Abels asked if it would be advisable to have the tract redrawn and
resubmitted to the Commission. Staff stated it was up to the Commission's
discretion. Chairman Abels stated that in view of the facts presented, the
applicant should redraw the map and submit it again. He would suggest a
continuance to give the applicant an opportunity to redraw the map.
21. Commissioner Woodard stated that as the Commission had raised numerous
questions concerning the tract, that if the Commission was going to continue
the project, the applicant should be told what should be address.
22. Mr. Smith stated a lot of the conditions relate to fees and this is why they
were filing a vesting tentative tract. They needed to lock the project into the
existing fee schedule. The conditions they were referring to were Conditions
#4, 21, 41, 65, as they refer to fees that are in place at that time permits are
pulled.
23. Community Development Director Jerry Herman stated that as it relates to
fees on a vesting tract map, it is true the approvals would be vested for the
term of the development. However, the City has the right to condition the
tract to pay the fees at whatever time it so chooses. For this tract, the City is
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January 14, 1997
recommending that the fees be fixed at the time construction begins and not
now. Commissioner Woodard stated he had empathy for the developer and
he should know what the fees will be. City Attorney Dawn Attorney stated
the City's current practice is to require that the fees be what they are at the
time of permitting. What the developer is entitled to is vesting of all the
City's current practices as they are today. If the Council decides to change
the standard practices at a future date, they would not be applicable to this
tract. As it is written in the staff report, is the way it is for all tracts.
24. Commissioner Woodard stated that he was surprised that the plotting of the
homes in both phases had already been done. Would the developer be able
to change floor plans as the project develops. Mr. Smith stated that when a
tract is vested it is required to be plotted. Commissioner Woodard asked if
there was any way the developer could replot at a later date to enable them to
meet the market demand. City Attorney Dawn Honeywell stated that by
receiving a vesting map, they are protected from any zoning changes made
by the City in the future. But part of that approval requires approving the
level of detail being presented at this time. If they want to make a design
change some time in the future, they can request an amendment to the map,
but the map would be reopened and the City could apply any requirements it
deemed necessary at that time to meet any existing City code requirements.
It is to the developers advantage to retain the original approvals.
25. Commissioner Woodard stated another problem was the repetition of garage
placements. He would want to see three facades for each plan. Thirdly, the
plotting shows Plan 3 next to a Plan 3 even though it is flipped. Mr. Smith
stated he would refer this issue to the architect.
26. Commissioner Woodard stated that the floor plans as drawn on the cul-de-
sac, showed the bedrooms facing the majority of the open space. The
developer needed to revisit the floor plan so the bedroom, with small
windows, would not be facing the majority of the open space portion of the
lot. The entrances off of Fred Waring Drive and eventually off Palm Royale
Drive is weak, as the distance from the road to the first house is unacceptable.
The wall configuration off Fred Waring Drive is one continual wall, and he
would like to see a variation from the property line to the wall. He then
stated that he was concerned about what was happening north of Highway
111. It was becoming the backdoor to La Quinta. He would like to suggest
to the Commission, that there is more than one way to beautify La Quinta.
If they can't create more change on the interior of the property, they could
require creative setbacks and landscaping to impact the exterior. Therefore,
in reviewing this project he would be fanatical about the landscaping. As an
example Fred Waring Drive should be required to have better landscaping
and wall treatments. Architecturally, the elevations submitted are the worst
he has seen. On one plan for Quinterra there is a difference between the roof
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January 14, 1997
and garage door having a stucco header, and the proposed plan showed that
it is only a very thin header. He hoped that the final product would be as nice
as the elevation.
27. Commissioner Woodard addressed the developer regarding several items on
the plans. Mr. James Snellenberger, developer addressed Commissioner's
Woodard's concerns on the plans and discussion followed.
28. Commissioner Tyler stated he too was not pleased with what has been
proposed as everything was a straight line. The developer needed to add
some curves, to give more character. Once the project was completed they
would have built 230 houses that would contain family with a lot of children
and there was no consideration of any park or play area for them. There is a
need for some green space.
29. Chairman Abels stated he concurred with the statements that had been
presented and would like to have a continuance to allow the applicant time
to make the corrections.
30. Commissioner Woodard stated he would be happy to meet with the applicant
to discuss some solutions.
31. Commissioner Gardner asked staff if the Fee Schedule would be changed
before the applicant was able to resubmit his drawings. Staff stated is was
not likely as there were no changes proposed.
32. There being no further discussion, it was moved and seconded by
Commissioners Gardner/Tyler to continue the public hearing to February 11,
1997. Unanimously approved.
C. Vesting Tentative Tract 28457 Site Development Permit 96-593, and Variance 96-
028; a request of EZ Okie for approval of a 33.1 acre subdivision consisting of 116
single family and other lettered public streets and retention basin lots; approval of
house plans; and deviation in the rear yard setback to not less than 10 feet on cul-de-
sac and knuckle lots.
1. Chairman Abels re -opened the continued public hearing, but requested a
continuance based on the discussion for the prior public hearing.
2. There being no comments, It was moved and seconded by Commissioners
Tyler/Seaton to continue this public hearing to February 11, 1997.
Unanimously approved.
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D. Specific Plan 96-028. Conditional Use Permit 96-029 Tentative Parcel Man 28422.
and Site Development Permit 96-590; a request of Lapis Energy for approval of a
specific plan and use permit to allow construction of a multi -use facility
incorporating 1) a dedicated CNG fueling station for Desert Sands Unified School
District operations; 2) an approximate 63,800 square foot self storage/warehouse
complex which includes a 3,000 square foot managers unit/office; 3) an 11,000
square foot auto service/repair center; and 4) a 2,500 square foot convenience
store/service station which includes a 500 square foot take-out food restaurant, all to
be built on 10.29 gross acres.
1. Chairman Abels re -opened the public hearing and asked for the staff report.
Associate Planner Wallace Nesbit presented the information contained in the
staff report, a copy of which is on file in the Community Development
Department.
2. Commissioner Woodard stated that he had been requested by the applicant
to meet with them to review the plans and was very pleased with the
significant changes that had been made. He then asked staff to discuss the
interior pedestrian circulation pattern on the site. He was disturbed about the
circulation plan as to the number of roads traveling through the project. Staff
stated that certain locations for certain uses required that the applicant design
the circulation areas to accommodate traffic. Discussion followed relative to
the circulation pattern. Staff informed the Commission that they had
conditioned the developer to work with staff to alleviate some of the traffic
concerns and to create better pedestrian circulation patterns. Discussion
followed regarding the pedestrian travel pattern.
3. Commissioner Woodard asked staff to explain the internal ingress/egress
patterns. Community Development Jerry Herman explained that these were
internal driveway aisles and traffic movements only. Commissioner
Woodard stated his concern that one of the driveway aisles in the middle of
the project would be entering at a 45-degree angle entering off -center to the
driveway going out of the project. That is an intersection that would be
illegal for a public street. In addition, the applicants did not increase the
width of the easement on the street going from the street to the property to the
east. The applicant stated they had not increased the width as they had
opened the spaces at the corners and moved the southerly retail building
slightly forward. He then asked why the gates for the storage area were
drawn for only on one exhibit? Staff stated the gates were known to exist
therefore, they were only drawn on one exhibit. However, they were
conditioned to be constructed at all the entrances. Commissioner Woodard
asked if the gates would be solid. Staff stated the elevation showed them to
be wrought iron. Commissioner Woodard asked if this was a marketing
requirement or design element. Staff stated that the gate locations were not
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January 14, 1997
shown on the plans, but that any gates proposed would have to be reviewed
by the City for design and function, and have been so conditioned.
Commissioner Woodard asked if the applicant had come up with an
acceptable retention basin design. Staff stated that the Public Works
Department had added conditions to alleviate this concern. Commissioner
Woodard stated it was his understanding that the solution would not only
require a change to the landscaping plan, but the treatment along Dune Palms
and Highway 111. This could have an impact on the visual look of the
project. Staff stated that at this point in the process, the City would not have
a solution until the final engineering plans for the drainage had been
completed.
4. Planning Manager Christine di Iorio stated that the Public Works Department
had conditioned the developer to request permission from Desert Sands
Unified School District to allow drainage from this property to the facilities
on the District's property.
5. Commissioner Woodard asked staff to explain the conditions that required
the parking aisle and stall dimensions to be improved in conformance with
the development standards. Staff stated that the intent was that they would
be designed in conformance with the standards of the Zoning Code. Some
discrepancies appeared and the Public Works Department was requiring that
these items be reviewed with the grading plans. This ensures that when the
grading plan is submitted, the applicant is required to incorporate the Code
requirements into the grading plan.
6. Commissioner Gardner stated his concern about whether or not the Fire
Department had approved the traffic control/circulation plan. Would they be
able to get their equipment in and out of the site? His concern was based on
the compressed natural gas and its extreme fire hazard. Staff stated that the
Fire Department had reviewed the original site plan, but not this most recent
plan. It is anticipated that relocation of the CNG facility would not present
any new concerns. The access off Highway 111 could be considered better,
depending upon their approach. Commissioner Gardner stated he would not
approve the design based upon the fact that the Fire Department had not
approved it.
7. Commissioner Seaton stated she was also concerned about safety as well as
whether the revised landscaping plan would include trees along Dune Palms
Road and Highway 111. Staff stated the revised plan was basically consistent
with the original plan and explained the additional landscaping along the
street as well as the retention basin. Commissioner Seaton asked if the
lighting would be separate. Staff stated that a lighting plan had not been
submitted. Commissioner Seaton asked about handicapped parking and what
the overall parking requirement would be. Staff stated the project had 110
Planning Commission Minutes
January 14, 1997
parking spaces shown and the Zoning Code only required 88. Some of the
110 spaces would be decreased because of the changes being required. The
total number of handicapped spaces shown on the current plan was four and
would be sufficient for a parking area of this size.
8. Commissioner Butler stated his concern that the additional trees added
around the mini -market would block the view into the store and would be a
concern to the Sheriffs Department. Staff stated this was usually the
Sheriff's Department concern. However, the comments received expressed
their concern that the area around the actual building be kept open. In
consideration of their requests, staff concentrated on the landscaping area
contiguous to the building structures.
9. Commissioner Newkirk commended the applicant on the design changes.
10. Commissioner Tyler also commended the applicant on responding to the
Commission's concern raised at the prior meeting. He then asked how the
gas price signing would be affected by the landscaping. He thought the
wording of some of the conditions as they relate to circulation needed to be
addressed. He then asked what the current scheduling was for the traffic
signal to be installed at Dune Palms Road and Highway 111 as it would be
nice to have it incorporated in with the construction of this project. The
separation of the storage buildings to break up the wall worked out well. He
assumed there were short block walls between the buildings and he was
concerned that they be high enough to retain the security. Mr. Lewis Bishop,
architect for the project, stated that the wall portions will be ten feet high and
described the landscaping that would be used to break up the wall. Regarding
the parking, six handicapped spaces were planned for the site. The
landscaping and circulation on the center portion of the project necessitated
changing the location of the CNG fueling facility and its service building.
Regarding the volatility of the CNG, he explained that it was not compressed
until it was used. It is the same gas that is used in your home. It offers no
more or less difficulty than is experienced in your water heater in your home.
At the time the fuel is dispensed, it is then compressed and put into a smaller
container to carry around with you. In regard to the center portion, they could
have less cars in the center area and remove the problem of the off center
driveway. He went on to explain the aisle ways. The placement of the hip
roof on the corner building did soften the corner view. He went on to
describe the landscaping planned for the corner of Highway 111 and Dune
]Palms Road stating they would have more canopy trees at the corner. The
design plan would be brought back to the Planning Commission along with
the signs to be used for the gas prices. Regarding the building in the center
of the storage facility, it has been designed to be used for large vehicles such
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January 14, 1997
as RV's, boats, etc., that would be stored indoors behind secured doors. He
stated there would be 39 exterior storage spaces and 36 interior. In their
redesign, they had tried to revisit all areas that were of concern to the
Commission.
11. Commissioner Woodard asked where the public art would be placed. Mr.
Bishop stated it was to be located in the large green area near the public CNG
fueling station.
12. Commissioner Woodard asked why there were no pedestrian walkways
proposed on the landscaping plan and how were the pedestrians to get around.
Mr. Bishop stated these were items that still needed to be addressed.
13. Commissioner Woodard stated commended the applicant on how the shops
and retail area had been opened up and asked if they would be willing to
move the southerly retail building 10 feet to the east property line to have
more open space in the front of the building. Mr. Bishop stated there was no
objection as there was plenty of space. Discussion followed regarding the
articulation on the buildings. Mr. Bishop stated he would like to clarify that
the gates will be an open design. Commissioner Woodard asked if they could
take the northerly most building in the storage area and extend the hip roof
west toward the street and tile it. This would tie the project together and
provide a more consistent roof line for the overall project.
14. Commissioner Tyler stated his concern about blowsand and asked if there
were any special seals that would be used on the storage doors to reduce the
sand. Mr. Bishop stated that at this level of design, it had not bee considered.
Commissioner Tyler asked about air conditioning of the storage units to cut
down on the heat. Mr. Bishop stated that again they will bring the operations
of the facility back to the Commission. Commissioner Tyler stated he was
glad to see they were providing both inside and outside RV storage areas. He
asked that enough room be left to accommodate the maneuvering and
accessibility of the RV. Mr. Bishop stated they would be paying close
attention to these details.
15. Mr. Dale Leopard, Lapis Energy, stated he would like to make a few
comments regarding the project. He had been working with the School
District, and Sunline was their partner on the CNG aspects of the project.
They had met with the Chamber of Commerce which is now endorsing the
project. He passed out a letter of support from them. They would like to
move forward with the project to meet the needs of DSUSD. Regarding
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January 14, 1997
safety of the CNG gas, he would like to state that it is the safest of all fuels
as it is lighter than air, dissipates into the air, and has a very low combustion
rating. They currently have systems installed by the airport, as well as at the
current DSUSD site.
16. There being no further public comment, Chairman Abels closed the public
hearing. Commissioner Woodard stated he understood that the materials to
be used on the columns had been changed to split face block. Staff
confirmed this. He then asked what the materials were to be used on the
trellis. Staff stated they were to be painted steel.
17. Commissioner Woodard stated that even though the applicant had made huge
changes to the design of the project, there were still two major issues the
Commission needed to review. One is the access road to the adjacent
property on the east. The buildings adjacent to the access road were too close
and too high. The road should not become a back alley and needed to be
addressed. The building to the right of the easement needs to be another 10
feet away. Second, the middle section of Parcels 1 and 2, needs to be
addressed in regards to the flow of traffic and open space to not create as
asphalt jungle. Discussion followed regarding proposed changes. He was
concerned about the retention basin to be located off Highway I I I and down
Adams Street. If it is depressed there would virtually be no landscaping seen
as you drive by. He would suggest that a three foot high wall dividing the
driveway and asphalt paving for the cars, from the landscape area. He
requested that the landscape plans be reviewed by the Commission; that the
south building grouping containing the sales and shops be moved ten feet east
to add more landscaping to the public side of the project; extend and tile the
hip roof west on the northerly storage building at the entrance to the public
storage to give a more tiled look upon entering; and the gates leading to the
storage area need to be solid and not open.
18. Commissioner Butler stated he agreed with most of Commissioner
Woodard's comments, with the exception of modifying the width of the
access leading to the property on the east. It was his understands, that this is
not a public street and is not dedicated. Therefore, the 36-foot width was
adequate. Since it is not intended to be a useful street except and to be used
only for emergency access to this property and the property to the east.
Commissioner Woodard stated that the adjacent property was similar to this
parcel in that it was long and deep and not very wide with only one access
coming off Highway 111. This access road would therefore become a
primary access as the property develops in the future. The Commission has
PC I-14-9 13
Planning Commission Minutes
January 14, 1997
a need to prepare this site for future development. Commissioner Butler
stated this would penalize this property owner for a project that is unknown.
Commissioner Woodard stated that he did not believe ten feet would hurt this
applicant. Planning Manager Christine di Iorio stated that there was a
standard in the Zoning Code that requires the access road to have planter
areas as well as defining the width of those planters and the applicant has met
the minimum standards. Associate Planner Wallace Nesbit stated that as far
as the planter area, the minimum is six foot. This is not an emergency access,
but only a secondary access to the project and may carry through to the other
properties to the east. But since the properties are not developing at the same
time, it is impossible to designate access locations. Discussion followed
regarding the easement.
19. Commissioner Tyler asked staff where the street that is shared with DSUSD
would lead to. Staff stated it was access to the bus parking area for DSUSD
and will be a private road for DSUSD use only. No access is planned for this
road to any future adjacent developments.
20. Commissioner Butler asked if the wall around the retention basin at the front
of the property, would give any shelter to the parking lot; could a berm be
used instead of the rather than a wall? Commissioner Woodard stated that
since the distance that is needed for the retention basin is only two or three
feet, a berm would work. Mr. Bishop explained that in his discussions with
Ron Gregory, the landscape architect, they had determined that difference in
height between the lawn at the front edge of the walk and the grass area
leading into the retention basin was so slight, that a berm would suffice. The
maximum depth to retain the water is only three feet and can be
accommodated with a fair amount of adjustment. Is was suggested that at the
back of the grass as it gets to the bottom of the retention basin, they would
change the plant material so that the material would berm and billow up to
create a three foot of plant material above the level of the asphalt. Discussion
followed regarding the height and plant materials to be used.
21. Commissioner Gardner stated he was still concerned about the access for the
Fire Department and would like to have their approval before approving the
project. Regarding the gates, as this wasn't an auto dismantelling facility, but
storage, he thought the wrought iron gates would aesthetically add to the
design.
22. Commissioner Newkirk stated he too thought the wrought iron gate would be
more attractive.
PC 1-14-9 14
Planning Commission Minutes
January 14, 1997
23. Commissioner Tyler stated he too agreed with the wrought iron gate and
asked how they could address Commissioner's Gardners concerns about the
Fire Department's approval. Planning Manager Christine di Iorio stated that
conditions had been added to require the applicant to meet any and all Fire
Marshal's requirements. Associate Planner Wallace Nesbitth clarified that
the Fire Department had reviewed the easement location and the width. This
site plan had been changed slightly but did not affect the easement. The
spacing between the buildings had been widened from 43 to 52 feet between
the buildings and opens up the appearance of the easement. The 36 foot
easement with a 24 foot travelway had been reviewed by the Fire Department
previously and they had no objections.
24. Commissioner Seaton commended the applicant on a wonderful job and
stated that she agreed with most of Commissioner Woodard's comments, but
concurrs that the wrought iron gate should be used.
25. Commisioner Woodard asked the applicant if there was a way to reduce the
impact of the stairwell on the manager's unit building. Mr. Bishop stated that
he thought the changes that had been made mitigated the Commissioner's
concerns. Commissioner Woodard reiterated his concern to the Commission
regarding the east -west eastment. He strongly believed that if the Commision
looked at the adjacent properties, and considered what it would be like to
travel this road with these tall/long buildings with only a six foot planter
between from the street and building. In his opinion, the Commission was
not considering the aesthetic impact on the property owners to the east.
26. Mr. Bishop stated he agreed with Commissioner Woodard regarding the
access to the adjacent property and it is a major concern, but this developer
should not be burdened with the cost. The changes that have been made are
good aesthetic changes for their project, but there should be a limit to the
concessions this developer is asked to make. They could give the extra five
feet, but where does it end? Commissioner Woodard stated he would even
accept the five feet.
27. Mr. Leopard, owner of the project, stated they had bent over backwards to
accommodate the changes requested so far. It was his understanding that this
would not to be a straight access road to the adjacent properties, but more of
a drive through to his development.
28. Commissioner Woodard stated that with the changes that had been made, the
applicant now had an additional ten feet of property at the rear that could be
marketable, usable property. What he was asking for was to have this
developer acknowledge the future developers by giving the extra feet at the
rear. Mr. Leopard agreed to the five feet.
Planning Connnission Minutes
January 14, 1997
29. There being no further discussion, it was moved and seconded by
Commissioner 'Tyler/Gardner to adopt Planning Commissin Resolution 97-
001, certifying a Mitigated Negative Declaration for Environmental
Assessment 96-328 prepared for Specific Plan 96-028 and other related
applications.
ROLL CALL: AYES: Commissioners Butler, Newkirk, Seaton, Tyler, Woodard and
Chairman Abels. NOES: Commissioner Gardner. ABSENT: None.
ABSTAIN: None.
30. It was moved and seconded by Commissioners Tyler/Gardner to adopt
Planning Commission Resolution 97-002, approving Specific Plan 96-028,
subject to Findings and Conditions of Approval as submitted.
ROLL CALL: AYES: Commissioners Butler, Newkirk, Seaton, Tyler, Woodard and
Chairman Abels. NOES: Commissioner Gardner. ABSENT: None.
ABSTAIN: None.
31. It was moved and seconded by Commissioners Butler/Seaton to adopt
Planning Commission Resolution 97-003 approving Conditional Use Permit
96-029, subject to Findings and Conditions of Approval as submitted..
ROLL CALL: AYES: Commissioners Butler, Newkirk, Seaton, Tyler, Woodard,
and Chairman Abels. NOES: Commissioner Gardner. ABSENT:
None. ABSTAIN: None.
32. It was moved and seconded by Commissioners Tyler/Gardner to adopt
Planning Commission Resolution 97-004 approving Tentative Parcel Map
28422, subject to Findings and Conditions of Approval as followed:
a. Conditions #33, #34- modified
b. Condition #7-modified
C. Condition 36.b.2.-as submitted by staffC
d. Condition # 10-add additional five feet on the width of the easement
e. Condition #41-the landscaping would be approved by the Planning
Commision
f. Condition #3 3 -modifications regarding the final map and DSUSD
retention basin.
ROLL CALL: AYES: Commissioners Butler, Newkirk, Seaton, Tyler, Woodard,
and Chairman Abels. NOES: Commissioner Gardner ABSENT:
None. ABSTAIN: None..
PC 1-14-9 16
Planning Commission Minutes
January 14, 1997
33. It was moved and seconded by Commissioners Butler/Gardner to adopt
Planning Commission Resolution 97-005 approving Site Development
Permit 96-590, subject to Findings and Conditions of Approval as modified
below:
a. Condition #51-changed to reflect approval by the Plannning
Commission;.
b. Condition #78-regarding the redesign of the onsite landscaping in the
parking areas.
C. Adding a new condition requiring the southerly service retail building
to be moved 10-feet to the east and be approved by staff.
d. The northern most building at the mini -storage would move the hip
roof to the west and tiled.
e. Condition # 16-modified
f. Conditions #38, #39, #14, 44, and #82-as modified by staff.
ROLL CALL: AYES: Commissioners Butler, Newkirk, Seaton, Tyler, Woodard,
and Chairman Abels NOES: Gardner ABSENT: None. ABSTAIN:
None.
Chairman Abels called a break at 9:50 p.m. and reconvened at 9:53 p.m.
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None
VIII. COMMISSIONER ITEMS
A. Commissioner Woodard stated his appreciation for staff s work on the submission
form. He would like to continue the process by reviewing the number and content
of the drawing plans that are required to be submitted by an applicant. Community
Development Director Jerry Herman stated he could agendize the issue for a future
meeting or, the Commission could appoint a committee to work with staff to create
a new submittal package. Chairman Abels appointed Commissioners Woodard and
Tyler to work with staff on the submittal package to bring a recommendation back
to the Commission for their meeting of February 1 lth.
B. Chairman Abels reminded the Commission of the League of California Cities
Planners Institute in Monterey, to be held March 12-14, 1997. Staff explained that
the City pays all expenses for the Commissioner to attend. Commissioners Butler,
Gardner, Newkirk, Seaton, Tyler, Woodard, and Chairman Abels stated they would
be attending.
PC 1-14-9 17
Planning Commission Minutes
January 14, 1997
C. Chairman Abels asked if any of the Commissioners would be attending the American
Planning Association's Planning Commissioner's Forum to be held in Riverside on
January 25, 1997. Commissioner Seaton stated she would be attending.
D. Commissioner Tyler gave a report of the City Council meeting of January 4, 1997.
E. Staff distributed the new Boards and Commissions Handbook to the Commission.
Discussion followed regarding the option of starting the Commission meetings earlier
in order to have a study session during the Business Session. Staff stated that public
hearing items can only be discussed during the public hearing.
IX. ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners Newkirk/Butler to
adjourn this regular meeting of the Planning Commission to a meeting on January 28, 1997. This
meeting of the Planning Commission was adjourned at 10:04 p.m. on January 14, 1997.
PC 1-14-9 18
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, California
February 11, 1997
I. CALL TO ORDER
7:00 P.M.
A. This meeting of the Planning Commission was called to order at 7:04 P.M. by
Chairman Abels who asked Commissioner Newkirk to lead the flag salute
B. Chairman Abels requested the roll call: Present: Commissioners Butler, Gardner,
Newkirk, Seaton, Tyler, Woodard, and Chairman Abels.
C. Staff Present: Community Development Director Jerry Herman, City Attorney Dawn
Honeywell, Senior Engineer Steve Speer, Principal Planner Stan Sawa, and
Executive Secretary Betty Sawyer.
II. CONFIRMATION OF THE AGENDA -
A. Staff asked that the agenda be amended to delete the approval of the Minutes of
January 28, 1997. Unanimously approved.
III. PUBLIC COMMENT: None
IV. CONSENT CALENDAR
A. Department Report: None
V. PUBLIC HEARINGS
A. Continued - Vesting, Tentative Tract 28457 and Site Development Permit 96-593; a
request of EZ Okie (Mr. Roger Snellenberger) for approval of a subdivision of 33.1
acres into 116 single family and other lettered public streets and retention basin lots;
and approval of house plans
1. Chairman Abels opened the public hearing and asked for the staff report.
Principal Planner Stan Sawa presented the information contained within the
staff report, a copy of which is on file in the Community Development
Department.
PC2-11-97 I
Planning Commission Meeting
February 11, 1997
2. Chairman Abels asked if there were any questions of staff. Commissioner
Woodard asked if the applicant would be able to change his elevations based
on market input. Staff stated that based on the requirements of a vesting
tract, the applicant is required to build what is approved at the time of the
application approval. City Attorney Dawn Honeywell stated they will have
to stay with the approval as it is granted by the Planning Commission. If the
Planning Commission conditions the tract to allow flexibility with the
elevations at a later date, the tract would have that latitude. It depends on
how it is presented and the Planning Commission approval. Should the
Planning Commission allow the applicant this flexibility, they will need to
be specific as to the guidelines for that approval to avoid confusion at a later
date.
3. Commissioner Tyler stated that some of the plans call for a three car garage,
but none are shown on the site plan; does that mean that the tract can only be
approved with two car garages? City Attorney Dawn Honeywell stated it the
Commission's approval contained the right to have the option then they
would be able to offer the option.
4. Commissioner Woodard asked how the Commission could give the applicant
the flexibility on plotting.
5. Commissioner Butler stated that in regards to the three -car garage issue, he
suggested that the house plan (Plan 6) for 2700 square feet with the family
room be required to have a three car garage so that if the garage were
converted to a bedroom, they would have the three car garage.
6. Commissioner Woodard stated that on the site plan there appeared to be the
same floor plan (Plan 4) side by side in the southwest corner. Staff stated that
it appeared to be a Plan 4, but after reviewing the plans, one was a Plan 4 and
the other a Plan 4A.
7. There being no further questions of staff, Chairman Abels asked if the
applicant wished to address the Commission. Mr. Mike Smith, Warner
Engineering, reviewed the changes that had been made since the last
Commission meeting. He further stated they would like to have the option
of building different elevations as the market demands. In reference to the
secondary access, it may have been confusing due to the way it was
presented, but Tract 24587 would be constructed first. At the completion of
Tract 24588, a second access to the tract would be constructed. He went on
to addressed the concerns raised by the Fire Marshal. There would be no
homeowners' association as there were no amenities being provided that
PC2-11-97 2
Planning Commission Meeting
February 11, 1997
would require a homeowners' association. He went on to state that the
perimeter landscaping and retention basin would be dedicated to the City. He
noted that Section C of the Site Development Permit Resolution reference the
house at 1,600 square feet and the actual square footage of the smallest house
would be 1,595 square feet.
8. Commissioner Butler asked Mr. Smith to explain the access points into both
tracts. Discussion followed regarding the ingress/egress for the tracts. In
reference to the signal Mr. Smith asked it they could do a traffic study as they
do not believe they should have to pay such a large portion of the costs as
indicated by the City Engineer.
9. Commissioner Tyler stated that there was a condition that required the
secondary access to be constructed after the completion of the 36th home;
where was that access to be built. Mr. Smith stated this was an item that
needed to be resolved as there were no openings that would allow this.
Discussion followed as to possible locations.
10. Commissioner Woodard asked if the access was an emergency or traffic
issue. How did he intend to provide this access. Mr. Smith stated the second
access was intended to be built after the completion of the first tract.
11. Commissioner Seaton asked where the Palm Royale access would exit onto.
Mr. Smith stated at would eventually end at Washington Street.
Commissioner Seaton asked when the commercial was planned to be
developed. Staff stated that currently there were no plans for the site.
12. Chairman Abels stated there appeared to be a problem with the traffic onto
Fred Waring that needed to be resolved. Mr. Smith reviewed alternative
access points .
13. Commissioner Woodard asked why Tract 28457 was being built first when
the Palm Royale access was the primary access. Mr. Smith stated that would
be up to the applicant. Mr. Roger Snellenberger, the applicant, stated they
were building Tract 28457 first due to the costs involved with bringing the
sewer to the site. He went to explain that the costs associated with the sewer,
water, and street improvements were major expenses. If they could pick a
location for a temporary street over to Fred Waring Drive to alleviate the
traffic pressure it would be very beneficial to them. To have to build the
permanent street incurs a cost they cannot afford at this time.
PC2-11-97 3
Planning Commission Meeting
February 11, 1997
14. Community Development Director Jerry Herman stated that Condition #74
does not identify the secondary access, it only requires the road to be
constructed for the Fire Department upon the completion of 36 homes.
15. Commissioner Tyler stated that Commission should not forget the traffic
concerns in conjunction with all the other issues.
16. Commissioner Woodard asked if the access was a fire or traffic problem, as
a fire problem is completely different than traffic congestion. Staff stated that
the secondary access would become a permanent access at some point in the
future when Tentative Tract 28458 is develeoped. There must be two
permanent access points. They are currently planned off Palm Royale Drive
as it goes northward with the other off Fred Waring Drive half way between
Starlight Dunes and Palm Royale Drive.
17. Commissioner Woodard clarified that the first tract when completed, Fred
Waring would be able to handle all the traffic as long as there is a secondary,
temporary fire protection road. Staff clarified that the condition did not say
temporary, but that they provide a secondary access for the Fire Department.
Staff s concern was that when the General Plan designated Fred Waring's
current street standard, it took into consideration the development of this
area. If Fred Waring Drive was constructed to this standard, it would
accommodate the traffic generated. The location of the access point is before
the Commission and if there is a right in/right out with a left turn movement
on Fred Waring Drive with a full signal access off Dune Palms, the Public
Works Department has determined this to be adequate.
18. Commissioner Woodard asked when was it imperative that the secondary
access be provided for the traffic only. Senior Engineer Steve Speer stated
that there are a number of 40-acre tracts which have only one access or
primary entrance to their tracts that are adequate to handle the traffic. The
Public Works Department therefore believes that the single access is adequate
until the second phase is built. Discussion followed regarding the timing on
the secondary access.
19. Commissioner Tyler asked what happens if the tract is not completed; what
will happen to the second access. Senior Engineer Steve Speer stated that
La Quinta Palms, Palm Royale, and others all have a single access.
20. Commissioner Gardner asked if the standards established for this tract are the
same as those used for other tracts in La Quinta. Staff stated they are
consistent.
PC2-11-97 4
Planning Commission Meeting
February 11, 1997
21. Commissioner Tyler stated his confusion about when the secondary, access
would be provided. City Attorney Dawn Honeywell stated Condition #74 of
the tract should be reworded and clarified that it is a fire access only and not
a secondary access.
22. Mr. Snellenberger explained there is a sewer easement at the southwest
corner and a temporary road could be installed there leading to Fred Waring
Drive. It would be across from Vista Drive and would be for fire access only.
23. Commissioner Woodard stated he was a strong proponent of having as many
accesses as possible and thanked him for the changes that had been made. He
then asked how they would handle the plotting of the homes. Mr.
Snellenberger stated he wold like to have some flexibility on the house plan,
elevations, and garages. Would like to have the option to have more garages
if there is a demand for them.
24. Commissioner Woodard asked if Mr. Snellenberger was willing to submit a
plotting plan relative to the elevations. Mr. Snellenberger stated he would be
willing to put into writing that no two elevations would be placed next to
each other.
25. City Attorney Dawn Honeywell stated that there is no problem with allowing
the option of having three car garages. There is a problem in some of the
plans showing an optional fourth bedroom where the third car garage would
be. If you strike the ability to have the optional bedroom in the optional three
car garage area this may allow the flexibility to have the larger garage. On
the other issue of allowing more flexibility, the Commission may want to
consider adding a condition that he would have the same flexibility as any
other developer through the compatibility review. That makes it the same as
any other tract.
26. Commissioner Butler questioned that in the three bedroom 2,700 square foot
house, if the den was converted to a bedroom, then it is a four -bedroom house
which causes the problem with the garage only being a two car garage. City
Attorney Dawn Honeywell explained that the City Code would not allow this
at the initial construction. Commissioner Butler stated that was true at the
original construction, but the homeowner could make the conversion. City
Attorney Dawn Honeywell stated the City did not draft the standards into the
Zoning Code to allow the City to regulate what can be done after the house
is sold.
27. Commissioner Butler asked if this issue could be discussed later in the
meeting under Commissioner Items.
PC2-11-97
Planning Commission Meeting
February 11, 1997
28. Commissioner Woodard stated he was confused as to the requirements of the
vesting map. At the previous meeting he understood that the Commission did
not have the option of allowing the applicant any latitude regarding plotting.
Now he is hearing that they can provide the option. City Attorney Dawn
Honeywell stated that she would have to review the requirements of a vesting
tract map to be precise on what can and cannot be done. There are certain
State requirements that must be met.
29. Mr. Snellenberger stated that he has done several vesting maps and in every
one the only concern has been the lots. Each has its area of concern that they
want addressed, because the houses have to come back to the Commission for
review.
30. Mr. Jim Snellenberger, 79-792 Iris Court, stated he has always chosen to live
on a cul-de-sac as he has children. Most families prefer to live in a cul-de-
sac. He would not be able to live in a community that requires homeowners'
association dues. It is not an option for the average family.
31. Mr. Chris Kaiser, 79-065 Ocotillo, just bought a home in the Quinterra
development and she is happy with the home she bought. This tract is the
type of home she would like to have in her neighborhood.
32. Mr. Wayne Rich, currently living Palm Springs, soon to be resident in La
Quinta, and currently the sales person for the Quinterra homes stated it has
been a popular tract as most of Mr. Snellenberger's homes are. Regarding
homeowners' association, there is a trend to move away from them not only
because of the money, but the politics and issues that accompany them.
33. Mr. Adrian Del Rio, 81-441 Dale Palm Avenue, Indio, has been a resident of
the desert for ten years and has spent most of his time working in La Quinta
and believes the project will create jobs for people of La Quinta as well as
tax money. Mr. Snellenberger's projects are beautiful and live up to their
quality of home.
34. Mr. June Watts, Avenida Amistad, has worked with Mr. Snellenberger on
several of the signs for his projects on his signs and has always been
impressed with his projects. This project is an enhancement to the Valley.
35. There being no further public comment, Chairman Abels closed the public
hearing.
PC2-11-97 6
Planning Commission Meeting
February 11, 1997
36. Commissioner Seaton thanked the applicant for the changes that had been
made to the tract. She was still concerned about the traffic on Fred Waring
and would like to see it addressed. In addition, she was concerned about the
schools and parks and would like to see another access road provided.
37. Commissioner Tyler stated he had three concerns about the project. He too
thanked Mr. Snellenberger for the changes that had been made. His concerns
were the absence of curvaralinear streets, lack of dedicated space for a park,
secondary access, and concern about the use of an Italian name in a Valley
that is Spanish. On Page 007 of the staff report, regarding park development,
this project is over a mile away from the nearest park, and access to that park
requires crossing over Fred Waring Drive. It does not seem possible for
children to get to the park. The applicant needs to meet his obligation by
modifying the retention basin to make a family park on the perimeter. It
would add to the development and they could capitalize on it. On Page 21 of
the staff report, referenced should be made that the retention basin would be
sized accordingly to the tract. Community Development Director Jerry
Herman stated the underlying parcel map created the project site and the
parcel map governs the drainage issue as it relates to this tract.
Commissioner Tyler stated there were several areas in the conditions that
refer to a gated community and/or homeowners' association and it needs to
be made consistent. Some developments have nominal homeowners'
association fees. Unless there is a homeowners' association, the CC&R do
not have any validity. Plan 3 shows an optional bay for a bedroom or garage.
If it is a bedroom it creates four bedrooms and only a two car garage. This
needs to be resolved. On Page 60 of the staff report, the language regarding
what tract is to the south needs to be corrected. He is also concerned about
the school impact. At the last Commission meeting there was a discussion
as to how soon the Palm Royale area may be developed; what happens if it
never gets built or if the second tract never gets built? This needs to be
answered before approving this tract. The temporary access for the Fire
Department needs to be resolved as it is not fair to the residents.
38. Commissioner Woodard stated that most of his concerns had been addressed.
The cul-de-sac lots are always the most favorable. Plans 2B and 2A at the
corners of the cul-de-sac is a concern as the major portion of the yard is
dedicated to the side yard and faces the bedrooms instead of to the
living/family rooms. Mr. Smith stated this had been straighten out with staff.
Commissioner Woodard stated this did not address all of the units
orientation. He went on to describe which plans would still be affected.
Discussion followed regarding what could be done'to solve the problem. The
PC2-11-97 7
Planning Commission Meeting
February 11, 1997
lots need to accommodate the home. Second, on Plan 3 the rear elevation is
one continuous gable, this may be objectionable to the neighbors behind.
Plan 4 also needs an alternate elevation to be more sensitive to the property
to the rear. Plan B has a hip roof and there should be a condition that requires
the elevation for Plan 4A and the rear elevation of Plan 3A be modified to
have hip roof instead of a gable. The legal aspects of a vested map need to
be addressed at some point to allow the developer flexibility regarding his
floor plans and elevations
39. City Attorney Dawn Honeywell stated the City requirements as they related
to a vested map. The application would allow some flexibility if it can be
fairly well defined. The compatibility process may allow this flexibility
within the envelope of the Vesting Tract. Staff stated that the compatibility
review requires the design to come to the Commission by virtue of a public
hearing or business item whenever they want to make a change. The
Commission would be able to review the changes at that time. Only those
issues that can be opened during the compatibility review could be affected.
The vested map would protect them against new conditions.
40. Commissioner Woodard stated that if the City's interest is to see that certain
homes meet certain conditions, why is it to the City's advantage to change the
floor plan as long as there is a preapproval by staff of those homes. City
Attorney Dawn Honeywell sated that in reviewing the vesting tract map, the
City requires that the details be submitted for the height, size and location of
the proposed buildings be shown. This requirement of the application does
not limit the Commission the ability to allow a certain amount of flexibility
if it can be fairly well defined. This could be added to the conditions.
41. Commissioner Newkirk commended the applicant for the work he had done.
Concerning the flexibility of the tract map, he too believed it should be
afforded to the applicant. He was not as concerned about the secondary
access, as the Fire Department will have a secondary access and they are
meeting the requirements of the City.
42. Commissioner Butler stated that most of his issues had been resolved. Some
of the issues raised by other Commissioners may not be able to be resolved
without requiring the applicant to come back before the Commission. He
was still concerned about the bedroom situation on Plan 3; when a bedroom
from a garage conversion is allowed and causes a garage problem. He was
still concerned about the amount of traffic on Fred Waring Drive at the time
of build out. At the time the right -in/ right -out issue is solved along with the
second access will solve some of these problems.
PC2-11-97 8
Planning Commission Meeting
February 11, 1997
43. Commissioner Woodard stated that Plan 6 has the same problem. On Plan
3 the garage is an issue as well as the additional bedroom not having its own
bathroom.
44. Commissioner Gardner commended the applicant on his patience. The
conditions imposed on this traffic to resolve some of the traffic concerns is
consistent with what other projects have been conditioned. Some of the traffic
problems will be alleviated when Washington Street and Highway 111 are
completed. With respect to the size of the house, don't know if a 2,700
square foot house is really large in today market, but the market will
determine this.
45. Chairman Abels stated that the concerns raised regarding some of the
conditions, need to be addressed. Need to keep in perspective what has taken
place. Greatest concern is the traffic on Fred Waring.
46. Community Development Director Jerry Herman stated that some of the
issues raised by the Commission could be addressed by adding a new
condition:
a. Under miscellaneous: changes to the unit location, type, and size is
permitted per the compatibility review process. Unit 3 and 6 cannot
provide a bedroom option unless third car garage option is provided.
If the additional bedroom is offered, there must be a three car garage.
b. Units 4A and 3A provide deviation to the rear elevations subject to
staff review and approval.
C. Condition #74 would refer to a fire access.
d. The access for Palm Royale Drive would be resolved during the
public hearing for Tract 28457 under Condition 42.A.3, requiring the
permanent access.
e. The City has adopted a Park Master Plan and it does not identify a
park in this area. Should the Commission want a park a private park
could be required and it would be maintained by a homeowners'
association and credits can be achieved as part of the Quimby
provisions.
Staff went on to explain the problems that the City had incurred due to
Proposition 218, and this was why the applicant was being required to
provide a homeowners' association to take care of the perimeter landscaping,
etc., per Condition #63. Discussion followed as to the options. City Attorney
Dawn Honeywell explained that due the passing of Proposition of 218, the
City cannot impose any fees that are an increase without obtaining approval
obtaining approval from the City's voters.
PC2-11-97 9
Planning Commission Meeting
February 11, 1997
47. Chairman Abels stated that it is important to have the homeowners'
association if there is a retention basin. Staff asked if the Commission
wanted to make it mandatory to have the applicant provide a homeowners'
association.
48. Commissioner Woodard asked if the entrance landscaping would be
maintained by the City. Staff stated that Condition #3 stated that the
landscaping is to be maintained by the applicant unless he is able to get it into
the City's Lighting and Landscaping District. Commissioner Woodard asked
if there is no association, is the City's responsibility to maintain it.
Discussion followed as to what landscaping could be the City's responsibility
and what is the tract's.
49. Community Development Director Jerry Herman stated they could require the
developer to maintain that portion from the back of curb to the wall. In
addition, the homeowners' association could be required to maintain the
retention basin and perimeter landscaping. Then there would be no need to
join the Lighting and Landscaping District. Conditions #63, #64, and #67
would be modified to say that a homeowners' association shall be created and
it would have the responsibility to maintain all landscaping. Condition #67,
if they provide a private park, they can use Park Fees to construct that park
and receive a credit or pay the parkland in -lieu fees.
50. Commissioner Gardner stated it sounds like the developer is being forced to
develop a homeowners' association and it seems that anyone who buys a
house is going to be charged a fee. How many people is this going to put out
of the housing market. This appears to be unfair to this developer. Staff
stated that this is the first tract approval since the passing of Proposition 218
which took away the City's ability of adding to any lighting and landscaping
costs. If a lighting district if formed, it may only cost each home $50 a month
to maintain the streets. Should the developer form a homeowners'
association, the cost should be the same.
51. Commissioner Tyler asked if the homeowners' association would be exempt
from a Lighting and Landscaping District. City Attorney Dawn Honeywell
stated they would be exempt. This requirement should be a staff
recommendation for every tract from this date forward.
52. Commissioner Woodard stated his concern that the rears yards of the lots in
the cul-de-sac are oriented to be off the bedrooms. He would like a condition
added to require that the cul-de-sac lots accommodate a different plan to
addresses the rear yard orientation.
PC2-11-97 10
Planning Commission Meeting
February 11, 1997
53. Commissioner Butler stated he did not feel it was fair to tell the applicant
where or how, he can plot his lots. This is just adding more conditions to the
developer. Commissioner Woodard stated it is the responsibility of the
Commission to protect the home buyers. 20 of the lots are not responsive to
the major portion of the yard.
54. Commissioner Gardner stated he understands Commissioner Woodard's
concern, but what would this do to the energy calculations. Commissioner
Woodard stated that most homes are flexible and can be plotted in any
direction. It is not imposing anything on the developer.
55. Mr. Snellenberger stated he had no problem with what Commissioner
Woodard was asking.
56. There being no further discussion, it was moved and seconded by
Commissioners Butler/Newkirk to adopt Planning Commission Resolution
97-007 recommending to the City Council approval of EA 96-330 for Vesting
Tentative Tract 28457 and Site Development Permit 96-593.
ROLL CALL: AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler,
Woodard, and Chairman Abels. NOES: None. ABSENT: None.
ABSTAIN: None.
57. There being no further discussion, it was moved and seconded by
Commissioners Butler/Seaton to adopt Planning Commission Resolution 97-
008 recommending to the City Council Vesting Tentative Tract 28457,
subject to the Findings and Conditions of Approval, as modified:
a. Lots located within the cul-de-sac are to be reoriented and approved
by staff
b. Unit 4A and 5A are to be modified and approved by staff.
c Units 3 and 6 may only offer a third car garage option and cannot
provide the optional bedroom.
d. Changes to the location, size, and elevation can be allowed through
compatibility review process
e. Conditions #63 and #67 to be modified.
ROLL CALL: AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler,
Woodard, and Chairman Abels. NOES: None. ABSENT: None.
ABSTAIN: None.
PC2-11-97 11
Planning Commission Meeting
February 11. 1997
58. There being no further discussion, it was moved and seconded by
Commissioners Butler/Seaton to adopt Planning Commission Resolution 97-
009 recommending to the City Council approval of Site Development Permit
96-593, subject to the Findings and the Conditions of Approval, as modified:
a. Section C of the Resolution to be changed from 1595 to 2700.
ROLL CALL: AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler,
Woodard, and Chairman Abels. NOES: None. ABSENT: None.
ABSTAIN: None.
B. Continued - Vesting Tentative Tract 28458 and Site Development Permit 96-594; a
request of EZ Okie (Mr. Roger Snellenberger) for approval of a subdivision of 28.8
acres into 115 single family and other lettered public streets and well site lots; and
approval of house plans
Chairman Abels opened the public hearing and asked for the staff report.
Principal Planner Stan Sawa presented the information contained within the
staff report, a copy of which is on file in the Community Development
Department.
2. Commissioner Woodard asked if the rocks that are to be used for landscaping
were gravel and if so, what is gravel. Staff stated it is allowed in areas
underneath the shrubbery.
Chairman Abels recessed the public hearing at 9:54 and reconviened at 9:02 p.m.
3. Mr. Mike Smith, speaking for the applicant, stated he has no objection to the
conditions as revised during the public hearing for Tract 29457, except the
homeowners' association, but he realizes the impact of Proposition 218.
4. There being no further public comment, Chairman Abels closed the public
hearing.
5. Commissioner Tyler asked if the problems of Tract 28457 apply here. Staff
stated they did. Commissioner Tyler asked that Condition #7.C. be corrected.
6. Commissioners Seaton and Newkirk stated their concerns had been resolved
in the discussions on the prior tract.
7. Commissioner Woodard asked if the second access was for traffic concerns
and if other projects similar to this one, only have one access, why require the
second access of this developer. If it is a necessary evil, when is it required
PC2-11-97 12
Planning Commission Meeting
February 11. 1997
to be constructed. Staff stated that Condition #42.A.3. would be modified to
require the access be added prior to the first building permit for the tract with
the wording modified as needed.
8. Senior Engineer Steve Speer stated that the signal construction would not be
required until it was warranted. As the conditions are currently written, the
access for the second tract would be constructed upon the construction of the
first house. Discussion followed as to what improvements would be required
by the applicant.
10. Mr. Mike Smith, asked if the condition could read upon "occupancy" of the
first house and not "construction of to trigger the street improvements. In
addition, the Fred Waring Drive construction be conditioned to coincide with
the construction of the tract to the rear. Senior Engineer Steve Speer stated
no.
11. There being no further public comment, the public hearing was closed.
12. There being no further discussion, it was moved and seconded by
Commissioners Butler/Tyler to adopt Planning Commission Resolution 97-
010 recommending to the City Council approval of Environmental
Assessment 96-331 for Vesting Tentative Tract 28458 and Site Development
Permit 96-594.
ROLL CALL: AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler,
Woodard, and Chairman Abels. NOES: None. ABSENT: None.
ABSTAIN: None.
13. There being no further discussion, it was moved and seconded by
Commissioners Butler/Seaton to adopt Planning Commission Resolution 97-
011 recommending to the City Council approval of Vesting Tentative Tract
28458, subject to the Findings and Conditions of Approval, as modified:
a. The elimination of one sentence and conditions regarding the
homeowners' association
C. Modification of Condition #74 to require a secondary fire access prior
to issuance of building permit for the 36th house.
d. Add condition to bring in compatibility review.
ROLL CALL: AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler,
Woodard, and Chairman Abels. NOES: None. ABSENT: None.
ABSTAIN: None.
PC2-11-97 13
Planning Commission Meeting
February 11, 1997
14. There being no further discussion, it was moved and seconded by
Commissioners Butler/Seaton to adopt Planning Commission Resolution 97-
012 recommending to the City Council approval of Site Development Permit
96-594, subject to the Findings and the Conditions of Approval.
a. Modification to Planning Commission Resolution Paragraph C
regarding the house size and building elevations similar to those for
Tract 28457.
ROLL CALL: AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler,
Woodard, and Chairman Abels. NOES: None. ABSENT: None.
VI. BUSINESS ITEMS:
A. Temporary Use Permit 96-127; a request of the La Quinta Arts Foundation for
approval of a four day outdoor event (La Quinta Arts Festival) and sign program to
be held at the Frances Hack Park on March 13-16, 1997, according to the provisions
of the Zoning Ordinance.
1. Chairman Abels asked for the staff report. Community Development
Director Jerry Herman presented the information contained in the staff report,
a copy of which is on file in the Community Development Department.
2. There being no further discussion, it was moved and seconded by
Commissioners Gardner/Newkirk to adopt Minute Motion 97-001, approving
Temporary Use Permit 96-127, subject to conditions. Unanimously
approved.
3. Commissioner Tyler asked about the billboard at Highway III and
Washington Street. Staff stated the sign had been approved with the permit
process.
VII. COMMISSIONERS ITEMS.
A. Commissioner Gardner questioned how the Planning Commission of March 11 th
would be noticed. Following discussion, it was determined that as all
Commissioners would be attending the League of California Cities Planners Institute
March 11-14, 1997, the Planning Commission meeting of March 11, 1997 would be
cancelled due to a lack of a quorum. If an emergency item needed to be heard, they
would meet on March 1 Oth.
PC2-11-97 14
Planning Commission Meeting
February 11, 1997
B. Commissioner Butler stated his concern about the Zoning Code not being specific
regarding four bedrooms houses and three car garages and the possibility of a
developer changing the extra room to a bedroom and having a 2-car garage. He
asked if there was way to use square footage to create verbiage to prevent this and
if it could this be added to the proposed changes? Discussion followed. Staff stated
that in order to make a recommendation to the City Council a public hearing would
have to be scheduled for the Planning Commission and the issues reheard. The
original recommendation to Council cannot be changed. City Attorney Dawn
Honeywell stated it was to late to make a formal recommendation to the City
Council. Commissioners could speak at the Council public hearing and make a
recommendation at that time. The City Attorney recommended staff agendize the
subject for a future meeting. Staff asked if the Commission wanted it scheduled for
a public hearing or discussion only? Staff would agendize the issue for
Commissioner discussion.
C. Commissioner Tyler presented a report on the City Council meeting of February 4,
1997.
D. Chairman Abels informed the Commission about the interviews for the consultant
to do the General Plan Update. Staff informed the Commission that the results of the
interviews would be before the City Council for approval to enter into negotiations.
VIII. ADJOURNMENT:
There being no further business, it was moved and seconded by Commissioners Butler/Tyler to
adjourn this regular meeting of the Planning Commission to a meeting of February 25, 1997. This
meeting of the Planning Commission was adjourned at 9:36 P.M. on February 11, 1997.
PC2-11-97 15
PH
T4'!t 4 4 Q"
MEMORANDUM
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
DATE: JANUARY 28, 1997
RE: CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINE:
CITY OF LA QUINTA
Due to new legislative changes to CEQA, and the need for time to evaluate these changes as they
relate to the City of La Quinta, staff is recommending that this item be tabled until staff completes
its review. At the completion of this review, staff will reagendize the Guidelines for another public
hearing.
Memo1m.003
i
MEMORANDUM
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT r
DATE: JANUARY 28, 1997
SUBJECT: ZONING ORDINANCE AMENDMENT 96-055
BACKGROUND:
As you will recall, the Planning Commission and City Council went through a lengthy process to
update our Zoning Ordinance. Since the adoption and use of the new regulations, it has become
apparent that changes/modifications were needed. Staff has therefore made the necessary revisions
and is presenting them for your consideration. These changes have been made in legislative format
to identify the Sections that are being changed/modified. A section by section review will be made
during the public hearing. The Sections that have been revised/modified are as follows:
NOTE: The page numbers on the attached revisions, may not be the same page number
in your book. Refer to the Section number only.
Section:
9.10.050
Planning Agency
Section:
9.30.020(C)
Development Standards
Section:
9.30.030(C)
Development Standards
Section:
9.30.040(C),(D),(F) Development Standards
Section:
9.30.050(C)
Footnotes
Section:
9.30.060(C)
Footnotes
Section:
9.30.080(D)
Development Standards
Section:
9.30.090(D)
Development Standards
Section:
9.40.040
Table 401 - Group Living and Care Uses
Open Space and Recreational Uses
Temporary Uses
Section:
9.50.030
Table 501 - Minimum Common Open Space Area
Footnotes
RVL, and RL
Section:
9.50.060
Roof and Wall Projections
MEMOJi I.573
Section:
9.60.030(D)
(F)
Section:
9.60.040(B)
Section:
9.60.050
Section:
9.60.070(B)(1)
Section:
9.60.080(C)(4)
Section:
9.60.090(D)
Section:
9.60.100
Section:
9.60.110(C)
Section:
9.60.150
Section:
9.60.170(B)
Section:
9.60.190(B),(C)
Section:
9.60.210
Section:
9.60.250(D)
Section:
9.60.280
Section:
9.80.030(1), (2)
Section:
9.80.040
Section:
9.90.040
Section:
9.90.050
Section:
9.100.040(B)(1)(b)
Section:
9.100.060(A)(3)
Section:
9.100.100(1)
Section:
9.100.160(2)
Section:
9.120.020
Section:
9.140.040(C)(4)
Section:
9.140.040(I)(6)
Section:
9.150.060
Section:
9.150.060
Section: 9.200.110(D)
Section: 9.210.010(A)
MEMOJF i.573
Gates
Fence Landscaping and Maintenance
Standards
Storage and Accessory Buildings
Location
Building -Mounted Antennas
Standards for Second Residential Units
Guest Houses
Use and Development Standards
Tennis and Other Game Courts
Standards
Family Day Care Facilities
Construction and Guard Offices
Prohibited Advertising Devices
Bed and Breakfast Regulations
Residential Uses Outside NR Overlay
Table 801 - Office Uses and Health Services
Recreation Uses
Residential, Lodging, and Child Care Uses
Table 901
Figure 902
Landscape Standards
Setback Reductions
Produce and Flower Stands
Care Taker Residence
Table 1201 - Other Uses
Permited Uses in HC District
Table 1401 - deleted
Table 1501
Table 1502 - Commercial Uses
Recreational Uses
Public Hearing
Terminology
PLANNING COMMISSION RESOLUTION 97-
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA RECOMMENDING TO
THE CITY COUNCIL REVISIONS TO THE LA QUINTA
MUNICIPAL CODE BY REVISING TITLE 9 - ZONING
REGULATIONS
CASE NO.: ZOA 96-055
CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta, California did on
the 28th day of January, 1997, hold a duly noticed Public Hearing to consider revision to the Zoning
Regulations in the City of La Quinta; and,
WHEREAS, said request has complied with the requirements of the California
Environmental Quality Act of 1970 (as amended), and adopted by City Council Resolution 83-68,
in that the Community Development Director has determined that the project could not have any
significant adverse effect on the physical environment; therefore, the project is exempt pursuant to
CEQA Guidelines Section 15061(b)(3); and,
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find
the following facts, findings, and reasons to justify the recommendation for approval of said Zoning
Ordinance Amendment.
The proposed revisions will not adversely affect the planned development of the City as
specified by the General Plan for the City of La Quinta because the regulations provide
requirements which work in concert with and enhance the community.
2. The proposed Amendment would not be detrimental to the health, safety, and welfare of the
City because the regulations will enhance the community.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of La Quinta, California as follows:
1. That the above recitations are true and correct and constitute the findings of the Commission
in this case.
2. That it does hereby recommend to the City Council approval of Zoning Ordinance
Amendment 96-055 for the reasons set forth in this Resolution and as noted in Exhibit "A".
RESOPC.175
Planning Commission Resolution 97-
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
Planning Commission, held on this 28th day of January, 1997, by the following vote, to wit:
AYES:
NONE:
ABSENT:
ABSTAIN:
JACQUES ABELS, Chairman
City of La Quinta, California
ATTEST:
JERRY MERMAN, Community Development Director
City of La Quinta, California
RESOPC.175
EXHIBIT "A"
9.10: GENERAL PROVISIONS
complies with all other laws and regulations in effect at the time of its approval. Final tract and parcel
maps shall be consistent with approved tentative tract or parcel maps and any applicable conditions of
approval.
9.10.040 General Plan Density and Intensity.
The General Plan establishes a range of development intensities, composed of densities, unit
counts, floor area ratios, or similar measures, for each land area in the City. This Zoning Code and the
City's individual project approvals provide development standards, plans, and other factors which shall
determine the exact development intensity of each project within the foregoing General Plan range. The
City reserves the right to limit projects to intensities below the General Plan's upper limits.
9.10.050 Planning Agency
Consistent with Section 65100 et seq of the state Government Code, the City's planning agency
shall consist of the City Council, the Planning Commission, and the Community Development
Department.
9.10.060 Code Interpretations.
Interpretations of the provisions of this Zoning Code shall be made by the Community
Development Director. Such interpretations may be referred to the Planning Commission for review
if the Director determines on a case -by -case basis that the public interest would be better served by such
referral.
9.10.070 Use of Terms.
A. Rules for Construction of Language. The following general rules of construction shall apply to
the textual provisions of this Code:
1. The specific shall supersede the general.
2. The word "shall" is mandatory. The word "may" is discretionary. The word "should" identifies
a regulation or design guideline which must be followed in the absence of compelling opposing
considerations identified by the City decision -making body.
3. In the case of any difference of meanings or implication between the text regarding a provision
of the Code and any title, heading, caption, or illustration, the text shall control.
4. Unless the context clearly indicates otherwise, words used in the present tense include the
future, words used in the singular include the plural, and words used in the plural include the
singular.
10-3
9.30: RESIDENTIAL DISTRICTS
2. Lot coverage means the cumulative ground floor area of the structures on a lot expressed as a
percentage of the net lot area. For purposes of this definition, "ground floor area" shall mean all
enclosed area within the ground floor of a structure, including exterior walls and mechanical
spaces. Carports, garages, accessory buildings, and parking structures are included in ground
floor area but swimming pools and unenclosed post -supported roofs over patios and walkways
are not included.
3. Project area means all of the land area included within a development project excepting those
areas designated for public and private road rights -of -way, schools, public parks, and other uses
or easements which preclude the use of the land therein as part of the development project.
9.30.020 RVL Very Low Density Residential District.
A. Purpose. To provide for the development and preservation of very low density neighborhoods
(zero -to -two units per acre) with one and two-story single family detached dwellings on large lots
and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one and two-story
single family attached, townhome, or condominium dwellings, with generous open space.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards.
Min. Lot Size .................................
20,000 sq/ft
Min. Lot Frontage .............................
100 ft.
Max. Structure Height ..........................
28 ft.
Max. No. of Stories .............................
2
Min. Front Yard Setback .........................
30 ft.
Min. Interior/Exterior Side Yard Setbacks ............
10/20 ft.
Min. Rear Yard Setback .........................
30 ft.
Max. Lot Coverage .............................
30%
Min. Livable Floor Area Excluding Garage ...........
1400 sq/ft
Min. Landscape Setbacks Adjacent to Perimeter meets} .
10' min. at any point, 20' min.
average over entire frontage
Min, Gewmmen Open }
46%
Chapter 9.50 contains additional details and illustrations regarding development standards.
9.30.030 RL Low Density Residential District.
A. Purpose. To provide for the development and preservation of low density neighborhoods
(two -to -four units per acre) with one and two-story single family detached dwellings on large or medium
size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one and
two-story single family attached, townhome, or condominium dwellings, with generous open space.
30-2
9.30: RESIDENTIAL DISTRICTS
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development .Standards:
Min. Lot Size .................................
Min. Lot Frontage .............................
Max. Structure Height ..........................
Max. No. of Stories .............................
Min. Front Yard Setback (non -garage portions of dwelling) .
Min. Garage Setback ............................
Min. Interior/Exterior Side Yard Setbacks ............
Min. Rear Yard Setback .........................
Max. Lot Coverage .............................
Min. Livable Floor Area Excluding Garage ...........
Min. Landscape Setbacks Adjacent to Perimeter Streets3 .
7200 sq/ft
60 ft.
28 ft.
2
20 ft.*
25 ft.'
5/10 ft.z
2010 ft.
40%50%
1400 sq/ft
10' min. at any point, 20' min.
dVCrdgU VVC1 C11L11C 11U11Ldg'C
g 3cni
* Projects with ten or more dwelling units shall incorporate front setbacks varying
between 20 ft. and 25 ft.+ in order to avoid streetscape monotony.
' 20 ft. if "roll -up" type garage door is used.
2 For interior side yards, add 1 foot additional setback for every foot of
building height over 17, up to a required setback of 10 feet.
'Does riot appiy to sitTic fmitily detached ttrAess a speeffie plan is . equired. Landscaping mid open are
shail be per the stmidards of Sm. 9.60.2407
Chapter 9.50 contains additional details and illustrations regarding development standards.
9.30.040 RC Cove Residential District.
A. Purpose. To provide for the development and preservation of the medium density "Cove"
residential area with one-story single family detached dwellings on medium size lots.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards.
Min. Lot Size .................................
7200 sq/ft
(However, existing lots eves 5000 under 7200 sq/ft are buildable provided other standards are met)
Min. Lot Frontage .............................
60 ft.
Max. Structure Height ..........................
17 ft.
Max. No. of Stories .............................
1
Min. Front Yard Setback (non -garage portions of dwelling) .
20 ft.*
Min. Garage Setback ............................
25 ft.'
Min. Interior/Exterior Side Yard Setbacks ............
5/10 ft.
Min. Rear Yard Setback .........................
10 ft.
Max. Lot Coverage .............................
60%
Min. Livable Floor Area Excluding Garage ...........
1200 sq/ft
* Projects with ten or more dwelling units shall incorporate front
setbacks varying
between 20 ft. and 25 ft.+ in order to avoid streetscape monotony.
' 20 ft. if "roll -up" type garage door is used.
Chapter 9.50 contains additional details and illustrations regarding development standards.
3 0-3
9.30: RESIDENTIAL, DISTRICTS
D. Stucco and Tile Required. In addition to the requirements of this Chapter and Chapter 9.60
(Supplemental Residential Regulations), the following materials shall be required on homes built within
the RC District:
1. Exterior walls shall be stucco.
2. Sloping roofs on new homes shall be constructed of clay or concrete tile. Replacement of
existing roofs shall also require the use of clay or concrete tile unless the Director determines
that the roof support structure will not support such materials. Building additions and accessory
structures may have roofs of the same or similar materials as the existing home.
E. Fencing. Rear and side yards shall be completely enclosed and screened by view obscuring
fencing, walls or combinations per standards found in Section 9.60.030.
F. Building Development. Standards. In addition to the requirements of this Chapter and Chapter
9.60 (Supplemental Residential Regulations), the following standards shall be required on homes
built within the RC District.
1. Bedroom dimensions: a minimum of ten foot clear width and depth dimensions, as measured
from the interior walls of the room.
2. Bathrooms: There shall be not be less than one and one-half baths in one- or two -bedroom
dwellings, and less than one and three-quarter baths in dwellings with three or more bedrooms,
excepting that one and one-half baths may be permitted for the latter provided that both bathrooms
have bathing facilities.
9.30.050 RM Medium Density Residential District.
A. Purpose. To provide for the development and preservation of medium density neighborhoods
(four -to -eight units per acre) with single family detached dwellings on medium and small size lots and/or,
subject to a specific plan, projects with clustered smaller dwellings, such as one and two-story single
family attached, townhome, or multifamily dwellings, with open space.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
9.30: RESIDENTIAL DISTRICTS
C. Development Standards.
Min. Lot Size ..................................
5000 sq/ft
Min. Lot Frontage ..............................
50 ft.
Max. Structure Height ...........................
28 ft.
Max. No. of Stories .............................
2
Min. Front Yard Setback (non -garage portions of dwelling) ..
20 ft.*
Min. Garage Setback .............................
25 ft.'
Min. Interior/Exterior Side Yard Setbacks .............
5/10 ft.2
Min. Rear Yard Setback ..........................
15 ft.
Max. Lot Coverage ..............................
60%
Min. Livable Floor Area for Single
Family Detached Excluding Garage ...............
1400 sq/ft
Min. Landscape Setbacks Adjacent to Perimeter Streets' ..
10' min. at any point, 20' min.
average over entire frontage
Min. Common Open Area' ........................
30%
* Projects with ten or more dwelling units shall incorporate front setbacks varying
between 20 ft. and 25 ft. or more in order to avoid streetscape monotony.
' 20 ft. if "roll -up" type garage door is used.
For interior side yards, add 1 foot additional setback for every foot of
building height over 17, up to a required setback of 10 feet.
'Does not apply to single family detached w&ss if a specific plan is required. Landscaping and open area
shall be per the standards of Sec. 9.60.240..
Chapter 9.50 contains additional details and illustrations regarding development standards.
9.30.060 RMH Medium High Density Residential District.
A. Purpose. To provide for the development and preservation of medium -high density
neighborhoods (eight -to -twelve units per acre) with one and two-story single family detached dwellings
on small lots, one and two-story single family attached dwellings, and one and two-story townhome and
multifamily dwellings.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development .Standards.
Min. Lot Size for Single Family Detached or Attached ... 3600 sq/ft
Min. Project Size for Multifamily Projects .............
20,000 sq/ft
Min. Lot Frontage for Single Fam. Detached or Attached
. 40 ft.
Min. Frontage for Multifamily Projects ...............
100 ft.
Max. Structure Height ...........................
28 ft.
Max. No. of Stories .............................
2
Min. Front Yard Setback (non -garage portions of dwelling) ..
20 ft.*
Min. Garage Setback for Single Family Det. Or Att. .....
25 ft.'
Min. Interior/Exterior Side Yard Setbacks for
Single Family Detached and Multifamily Buildings ....
5/10 ft.2
Min. Sideyard Setbacks for Single Family Attached ......
0' on attached side, 10' on open side
30-5
9.30: RESIDENTIAL DISTRICTS
Min. Rear Yard Setback .......................... 15 ft.
Max. Lot Coverage .............................. 60%
Min. Livable Floor Area for Single
Family Detached Excluding Garage ............... 1400 sq/ft
Min. Livable Floor Area for Multifamily
Units Excluding Garage ........................ 750 sq/ft
Min. Landscape Setbacks Adjacent to Perimeter Streets' .. 10' min. at any point, 20' min.
average over entire frontage
Min. Common Open Area' ........................ 30%
* Projects with ten or more single family dwelling units shall incorporate front setbacks
varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony.
' 20 ft. if "roll -up" type garage door is used.
2 For interior side yards, add 1 foot additional setback for every foot of
building height over 17, up to a required setback o€10 feet.
' Does not apply to single family detached tmiess if a specific plan is required. Landscaping and open area
shall be per the standards of Sec. 9.60.240..
Chapter 9.50 contains additional details and illustrations regarding development standards.
9.30.070 RH High Density Residential District.
A. Purpose. To provide for the development and preservation of medium to high density
neighborhoods (12-to-16 units per acre) with one to three-story single family attached dwellings and one
to three-story townhome and multifamily dwellings.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards.
Min. Lot Size for Single Family Attached .............
2000 sq/ft
Min. Project Size for Multifamily Projects ............
20,000 sq/ft
Min. Frontage for Multifamily Projects ...............
100 ft.
Max. Structure Height ...........................
40 ft.
Max. No. of Stories .............................
3
Min. Front Yard Setback (non -garage portions of dwelling) ..
20 ft.*
Min. Garage Setback for Single Family Attached ........
25 ft.'
Min. Interior/Exterior Side Yard Setbacks .............
10/15 ft.2
Min. Rear Yard Setback ..........................
20 ft.
Max. Lot Coverage ..............................
60%
Min. Livable Floor Area Excluding Garage ............
750 sq/ft
3 0-6
9.30: RESIDENTL4L DISTRICTS
Min. Landscape Setbacks Adjacent to Perimeter Streets' .. 10' min. at any point, 20' min.
average over entire frontage
Min. Common Open Area' ........................ 30%
* Projects with ten or more single family dwelling units shall incorporate front setbacks
varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony.
' 20 ft. if "roll -up" type garage door is used.
'` For interior side yards, add 1 foot additional setback for every foot of
building height over 28, up to a required setback of 15 feet.
' Per the landscaping and open area standards of Sec. 9.60.240..
Chapter 9.50 contains additional details and illustrations regarding development standards.
9.30.080 RSP Residential Specific Plan Overlay District.
A. Purpose. To provide flexible regulations via the specific plan process thereby allowing the use
of modern land planning and design techniques to create master -planned developments incorporating
coordinated building design, integrated greenbelts, common recreation facilities (such as swimming
pools, golf courses, tot lots etc.), a separation of pedestrian and vehicular traffic, and an overall increase
in residential amenity. Specific plans are also to be utilized to allow variations in residential land uses as
provided by Section 9.40.030 (per General Plan Policy 2-1.1.9). Specific plan densities, development
standards and other features must be consistent with the General Plan.
B. Permitted Uses. The specific plan shall specify the permitted uses within its boundaries. Such
uses shall be tailored to the plan's location, topography, and other characteristics and shall be consistent
with the General Plan.
C. Zoning Map Designation. RSP overlay zoning shall be adopted only in conjunction with
approval of a specific plan per Chapter 9.240. Upon approval, the specific plan shall become an integral
part of the zoning for the property. The zoning designation on the Official Zoning Map shall consist of
the base district symbol followed by the specific plan symbol in parentheses; for example, RM (RSP 96-
1).
D. Development Standards.
Min. Landscape Setbacks 10' min. at any point, 20' min.
Adjacent to Perimeter Streets' ................... average over entire frontage
Min. Common Open Area' ........................ 30% or specified by the
underlying base district
Other Development Standards ...................... As shown on the approved project
specific plan.
' Per the landscaping and open area standards in Sec. 9.60.240.
Chapter 9.50 contains additional details and illustrations regarding development standards.
3 0-7
9.30: RESIDENTIAL DISTRICTS
9.30.090 RR Rural Residential Overlay District.
A. Purpose. To facilitate the development and preservation of rural character at low densities
(zero -three units per acre) in conjunction with the RVL and RL base districts. The RR district is an
overlay district to be used in conjunction with either of the preceding base districts.
B. Permitted Uses. As permitted in the underlying base district.
C. Designation on Zoning Map. When the RR overlay district is used, the zoning designation on
the Official Zoning Map shall consist of the base district symbol followed by the overlay district symbol
enclosed in parentheses. For example: RL (RR).
D. Development .Standards. Development standards shall be the same as those for the underlying
base district except for the following:
1. The minimum front yard setback when RVL is the base district shall be 40 ft.
ttt tin iis..air=r:����nnr�areKi �.tni.�ee►�n�.w.�aw�ca��
2. Lots of two acres or more shall utilize rural street cross -sections (e.g. no vertical curbs).
3. Architectural styles shall emphasize a rural theme (e.g. Ranch, Western, Southwest, or Mission
styles).
4. Fencing guidelines representative of a rural theme shall be developed for each project.
5. Equestrian paths adjacent to specified collector and arterial streets shall be required to link
residential areas with trail systems and Lake Cahuilla County Park.
3 0-8
9.40: RESIDENTL4L PERMITTED USES
C. Higher Density U.Ses. RMH and RH uses may be located in areas designated on the General Plan
Land Use Policy Diagram as Very Low Density Residential, Low Density Residential, or Medium
Density Residential provided:
1. A specific plan is approved and the overall project density is consistent with that of the General
Plan Land Use Policy Diagram.
2. The decision -making body makes the following findings in addition to those required per
Chapter 9.250 (Specific Plans).
a. The RM and RMH residential uses are part of a mixed -use planned development.
b. Utilities and transportation facilities to the site are designed to accommodate the RMH or RH
uses.
c. The RMH or RH uses are located adjacent to or in close proximity to arterial roadways and
intersections.
d. The RMH or RH uses buffer RVL, RL or RM uses from commercial uses and arterial
roadways.
e. The RMH or RH uses are located in close proximity to park/open space uses such as
neighborhood and community parks, schools, or other recreational facilities, or, if not located
in close proximity to these facilities, the RMH or RH uses provide substantial recreational
amenities within the development.
3. If the preceding criteria are not met, a General Plan Amendment will be required to allow the
RMH or RH uses in the Very Low, Low, or Medium Density designated area.
9.40.040 Table of Permitted Uses.
Table 401: Permitted Uses in Residential Districts, following, specifies those uses and structures
which are permitted within each residential district. The letters in the columns beneath the district
designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal residential use on the site.
3. "C": Permitted if a conditional use permit is approved.
4. "M": Permitted if a minor use permit is approved.
5. "IT': Permitted as a home occupation if accessory to the principal residential use and if a home
occupation permit is approved.
6. "S": Permitted if a Specific Plan is approved per Sec. 9.40.030.
7. "X": Prohibited in the district.
40-2
9.40: RESIDENTL9L PERMITTED USES
TABLE 401: PERMITTED USES IN RESIDENTIAL DISTRICTS
P = Principal Use M = Minor Use Permit
A = Accessory Use H = Home Occupation Permit
C = Cond. Use Permit S = Specific Plan Required
X = Prohibited Use
DISTRICT
LAND USE
RVL
RL
j RC
RM
RMH
RH
Residential Uses
Single family detached dwellings
P
P
P
P
P
S
Single family detached patio homes (i.e. "zero lot -line")
S
S
S
S
P
S
Duplexes (two units on the same lot)
S
S
S
S
P
P
Single family attached dwellings (two units per building with
each unit on its own lot)
S
S
X
S
P
P
Townhome dwellings (two or more units per building with
each unit on its own lot)
S
S
X
S
P
P
Condominium Multifamily ("airsace" units)
S
S
X
S
P
P
Apartment Multifamily (rental units)
X
X
X
X
P
P
Mobilehome parks
C
C
C
C
C
C
Mobilehome subdivisions and manufactured homes on
individual lots, subject to §9.60.180
P
P
P
P
P
X
Group Living and Care Uses
Child day care facilities as an accessory use, serving 6 or
fewer children, subject to §9.60.190
A
A
A
A
A
X
Child day care facilities as an accessory use, serving 7-12
children, subject to §9.60.190
M
M
M
M
M
X
Congregate living facilities, 6 or fewer persons
P
P
P
P
P
X
Residential care facilities, 6 or fewer persons
P
P
P
P
P
P
Senior citizen residences, 6 or fewer persons, subject to
§9.60.200
P
P
P
P
P
P
Senior group housing, 7 or more persons, sub'. to §9.60.200
X
X
X
X
C
C
Timeshare facilities subject to 9.60.280
C
I C
C
C
C
C
40-3
9.40: RESIDENTL9L PERMITTED USES
M
TABLE 401: PERMITTED USES IN RESIDENTIAL DISTRICTS
P = Principal Use M = Minor Use Permit
A = Accessory Use H = Home Occupation Permit
C = Cond. Use Permit S = Specific Plan Required'''
X = Prohibited Use
DISTRICT
six
�a
>
9
m
'�"
�
LAND USE
RVL
RL
RC
RM
RMH
RH
Bed and breakfast inns
NC
NC
C
C
C
C
Open Space and Recreational Uses
Public parks, playfields, and open sace
P
P
I P
P
P
P
Bicycle, equestrian, and hiking trails
P
P
P
P
P
P
Clubhouses and community ools/cabanas
P
P
P
P
P
P
Unlighted tennis and other game courts on pvt. property,
subject to §9.60.150
A
A
A
A
A
A
Lighted tennis and other game courts on private property,
subject to §9.60.150
EM
EM
EM
C
C
C
Got( Courses and Country Clubs per section 9.110.040
P*
P*
P*
P*
P*
P*
Driving Range with or without Lights
C
C
X
C
C
C
Accessory Uses and Structures
Home occupations, subject to §9.60.110
H
H
H
H
H
H
Patio covers, decks, and gazebos, subject to §9.60.040
A
A
A
A
A
A
Fences and walls, subject to §9.60.030
A
A
A
A
A
A
Outdoor antennas and satellite dishes, subject to §9.60.080
M
M
M
M
M
M
Swimming pools, spas and cabanas, subject to §9.60.070
A
A
A
A
A
A
Guest houses, subject to §9.60.100
M
M
M
X
X
X
2nd units, "granny flats", and employee quarters,
subject to §9.60.090
M
M
M
M
M
1—
M
Garages and carports, subject to §9.60.060
A
A
A
A
A
A
Keeping of household pets, subject to §9.60.120
A
A
A
A
A
A
On lots of 1 ac. or more, the noncommercial keeping of hoofed
animals, fowl (except roosters) and rabbits, subj. to §9.60.120.
Hoofed animals include horses, sheep, goats, pot bellied pigs, and
similar. The keeping of horses is subject to 9.140.060.
A
X
X
X
X
X
am,
9.40: RESIDENTIAL PERMITTED USES
TABLE 401: PERMITTED USES IN RESIDENTIAL DISTRICTS
P = Principal Use M = Minor Use Permit
A = Accessory Use H = Home Occupation Permit
C = Cond. Use Permit S = Specific Plan Required
X = Prohibited Use
DISTRICT
oa
04 '
a
�
d
x
b P
LAND USE
RVL
RL
RC
RM
RMH
RH
Other accessory uses and structures which are customarily
associated with and subordinate to the principal use on the
premises and are consistent with the purpose and intent of the
zoning district.
A
A
A
A
A
A
Agricultural Uses
Tree crop farming; greenhouses
P
X
X
X
X
X
Field crop farming
P
C
X
X
X
X
Produce stands, subject to §9.100.100
P
M
X
X
X
X
Temporary Uses
Garage sales
A
A
A
A
A
A
Construction and guard offices, subject to §9.60.210
M
M
M
M
M
M
Use of relocatable building
M
M
M
M
M
M
Model home complexes and sales offices, subj. to §9.60.250
M
M
M
M
M
M
Special outdoor events, subject to §9.60.170
M
M
M
M
M
M
M
M
M
X
#
X
ta-§9.60.1-39
Parking of recreational vehicles, subject to §9.60.130
A
A
A
X
X
X
Other Uses
Churches, temples and other places of worship
X
C
X
C
C
X
Museum or gallery displaying sculpture, artwork, or crafts,
including schools for above, on 20 acres or more
C
C
C
C
C
C
Community recreational vehicle storage lots, noncommercial
X
X
X
P
P
P
TV, radio, and microwave towers and related equipment,
subject to Chapter 9.170
C
C
C
C
C
C
Utility substations and facilities
M
M
M
M
M
M
Public flood control facilities and devices
P
P
P
P
P
P
,m .
TABLE 401: PERMITTED USES IN RESIDENTIAL DISTRICTS
DISTRICT
P = Principal Use M = Minor Use Permit
A = Accessory Use H[ = Home Occupation Permit
C = Cond. Use Permit S =Specific Plan Required'
�a
b'
X = Prohibited Use
LAND USE
RVL
RL
I RC I
RM IRMHj
RH
Other principal, accessory or temporary uses not listed in this
Director or Planning Commission
Table.
to determine whether use is permitted
in accordance with §9.20.040
50-1
9.50: RESIDENTIAL DEVELOPMENT STANDARDS
CHAPTER 9.50: RESIDENTIAL DEVELOPMENT STANDARDS
Sections:
9.50.010
Mobilehome Park Development Standards
........ 50-1
9.50.020
Height Limits Near Arterial Highways ........... 50-1
9.50.030
Table of Development Standards ................ 50-1
9.50.040
Illustration of Development Standards ............ 50-4
9.50.050
Maximum Building Height ..................... 50-8
9.50.060
Roof and Wall Projections ..................... 50-8
9.50.070
Irregular Lots ............................... 50-9
9.50.080
Setbacks from Surface Easements .............. 50-10
9.50.010 Mobilehome Park Development Standards.
Mobilehome parks shall conform to the following standards:
1. Minimum 30 percent common open area;
2. Landscaped Perimeter setbacks for structures: minimum 20 feet at any point and minimum 25 feet
average over the entire perimeter;
3. Perimeter setbacks shall not count toward the common open area requirement or vice versa.
9.50.020 Height Limits Near Arterial Highways.
In order to facilitate noise screening for residents and preserve visual openness, it is necessary to limit
residential building heights near major highways. Therefore, notwithstanding the height standards set forth
elsewhere in this Code, additional height limitations shall apply to buildings within 150 feet of the edge of
right-of-way of the following General Plan -designated arterial highways:
• Major Arterials: All buildings limited to one story.
• Primary Arterials: 75 percent of buildings limited to one story.
9.50.030 Table of Development Standards.
A. Definitions. For purposes of this Section and this Code, the following definitions shall apply:
1. Livable floor area means the interior area of a dwelling unit which may be occupied for living
purposes by humans, including basements and attics (if permitted). Livable floor area does not
include a garage or any accessory structure.
2. Lot coverage means the ground floor area of the buildings on a site expressed as a percentage of the
net site area. For purposes of this definition, "ground floor area" shall mean all enclosed area,
including exterior walls and mechanical spaces. Carports, garages, and parking structures are
included in ground floor area but swimming pools and unenclosed post -supported roofs over patios
and walkways are not included.
3. Net project area means all of the land area included within a development project excepting those
areas with before -development slopes of 30 percent or steeper and those areas designated for public
and private road rights -of -way, schools, public parks, and other uses or easements which preclude
the use of the land therein as part of the development project.
B. Table of Standards. Table 501 and the illustrations in Section 9.50.040 following, set forth standards
for the development of property within residential districts. However, standards different from those in Table
501 shall apply if special zoning symbols described in Section 9.20.030 are designated on the Official Zoning
Map.
50-2
9.50: RESIDENTIAL DEVELOPMENT STANDARDS
TABLE 501: RESIDENTIAL DEVELOPMENT STANDARDS
DISTRICT
DEVELOPMENT
STANDARD
RVL RL RC RM RMH RH RSP RR
overlay overlay
Min. Lot Size for Single Family
20,000 7200 7200 5000 3600 2000
Dwellings (sq/ft)
Min. Project Size for Multifamily
n/a n/a n/a n/a 20,000 20,000 n/a
Pro' ects
Min. Lot Frontage for Single Fam.
100 60 60 50 40 n/a
DwIngs (ft.)'
Min. Frontage for Multifamily
n/a n/a n/a n/a 100 100 n/a
Projects
Max. Structure I lei (ft.)2
28 28 17 28 28 40
Max. No. of Stories
2 2 1 2 2 3
Min. Front Yard Setback (ft.)'
30 20 20 20 20 20 RVL: 40*
Min. Garage Setback 4
n/a 25 25 25 25 25
Min. Interior/Exterior Side Yard
10/20 5110 5110 5/10 5110 10115
Setback (ft)'
Min. Rear Yd. Setback (ft.)
30 2010 10 15 15 20
Max. Lot Coverage
30 4050 60 60 60 60
(% of net lot area)
Min. Livable Area Excluding
1400 1400 1200 1400 1400 750
Garage (sq/ft)
(multifam- for
750) multifarn.
Min. Common Open Areal
40% 3,5% n/a 30% 30% 30% 30% n/a
Min. Perimeter Landscape
10/20 10/20 n/a 10/20 10/20 10/20 10/20 n/a*
Setbacks (ft.)
*As shown on the approved specific plan for the project. **As provided in the underlying base district.
'Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Min. lot frontage for flag lots shall be 10 feet.
2 Not including basements. Also, notwithstanding above Table, the maximum structure height = 22'for all buildings
within 150'of any General Plan -designated major arterial.
'For non -garage portions of dwelling only. Also, projects with ten or more single family dwelling units shall
incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony.
'For all but RVL District, min. garage setback shall be 20' if "roll -up" type garage door is used. Also, for side -entry
type garages, the garage setback may be reduced to 20' in the RVL District and 15' in all other residential districts.
disftict
1. 1- .. the __ district, frortt yard setback s!W! be the saine as fat the PJ:; pex this table.
'The following are exceptions to the minimum side setbacks shown:
-For interior side yards in the RL, RM, and RME Districts, M seeend ft.y element or btifiding portion evei 1 ?'in.
height shall be set back a rytinirntim of 10' add I foot additional setback for every foot of building height over 17
feet, up to a required setback of 10 feet. For RH, any third story clement or building portion over 28' shall beset
back a minimum of 15'.
-Zero lot line homes: 10' aggregate of both sides.
-Single family attached homes: Won attached side and 10' on open side.
-Garages taking access through a side yard shall conform to the minimum garage setbacks shown in this table.
50-3
9.50: RESIDENTIAL DEVELOPMENT STANDARDS
Common open area and perimeter landscape requirements do not apply to single family detached projects unless
a specific plan is required.. Common open area = % of net project area. Perimeter landscape setbacks are
adjacent to perimeter streets: 1st no. = min. at any point; 2nd no. = min. average over entire frontage (thus,
10/20). See Sec. 9.60.240 for add'l landscape/open area standards.
9.50.040 Illustration of Development Standards.
FIGURE 501
50-4
9.50. RESIDENTIAL DEVELOPMENT STANDARDS
9.50.040 Illustration of Development Standards.
FIGURE 501
DEVELOPMENT STANDARDS: RVL AND RL DISTRICTS
RVL
VERY LOW DENSITY
RESIDENTIAL DISTRICT
Min. Lot Size: 20,000 sq/ft
Max. Lot Coverage: 30%
Min. Livable Floor Area (excluding
garage): 1400 sq/ft
0
Min. Perimeter landscape
Setbacks:10/20*
� Min
Lo
t ,100,
Min. Rear
Setback = 30'
Min. Interior Side Setback =10'
Min. Exterior Side Setback = 20'
* Common open area and perimeter landscape requirements do not apply to single family detached
projects unless a specific plan Is required. Common open area = % of net project area. Perimeter
landscape setbacks are adjacent to perimeter streets: 1st no. = min. at any point; 2nd no. = min. avg.
over entire frontage (thus, 10120). See Sec. 9.60.240 for addit/onal landscape(open area standards.
RL
LOW DENSITY
RESIDENTIAL DISTRICT
Min. Lot Size: 7200 sq/ft
Max. Lot Coverage: 40%* SO %P
Min. Livable Floor Area (excluding
garage):1400 sq/ft
Min. Common Open Area: 35%*
Min. Perimeter Landscape
Setbacks=10/20* Marc 4t
�a 44i. Stories', 2
Lot Frontage
Min. Rear
Setback =
Min. Interior Side Setback = 5'
but any second story element or
building portion over 17' In height
shall be set book a min. of 10'
Min. Exterior Side Setback =10'
Setback to
Is Setback 25'
used)
iris
50-,4r' S
9.50: RESIDENTL4L DEVELOPMENT STANDARDS
9.50.050 Maximum Building Height.
For purposes of this Code, the maximum height of buildings and other structures shall be defined
as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary
plane shall be established above and parallel to the finish grade adjacent to the exterior walls at a vertical
distance equal to the specified maximum height. This definition is illustrated below:
STRUCTURE MAY NOT PENETRATE IMAGINARY PLANE
Height
l
i I I
I II
I �
Max. —
Height I dE10TOtWeils _-
de Asoun
I Fln%h pte
I
Figure 505: Measurement of Building Height
9.50.060 Roof Wall and Projections.
A. Roof Projections. Notwithstanding Figure 505, chimneys, roof vents, finials, spires, and similar
architectural features not containing usable space are permitted to extend up to three feet above the
maximum structure height set forth in Table 501 preceding.
B. Wait Projections. The following architectural projections are permitted to encroach into the
required setbacks specified in Table 501 preceding:
1. Roof overhangs, chimneys, awnings and canopies may encroach a maximum of two feet into any
required setback provided such projections are no closer than 3'h feet from any property line.
2. Cantilevered seating windows or ledges, which are located a minimum of one foot above the
floor and do not increase a building's usable floor area, may encroach a maximum of two feet into
any required setback provided such projections are no closer than 31h feet from any property line.
3. If a site development permit is approved per Section 9.210.010, balconies, exterior stairways,
and elevated decks may encroach a maximum of four feet into required front and rear setbacks
provided such projections are no closer than 3'h feet from any property line. Such projections
shall not encroach into required side setbacks.
50-9
CHAPTER 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
Sections:
9.60.010
Purpose and Intent .................... 60-1
9.60.170
Special Outdoor Events ..............
60-16
9.60.020
Signs and Parking .....................
60-1
9.60.180
Manufactured Housing and Mobilebomes
60-17
9.60.030
Fences and Walls ......................
60-1
9.60.190
Family Day Care Facilities ...........
60-18
9.60.040
Patio Covers, Decks and Play Equipment ...
60-5
9.60.200
Senior Citizen Housing ..............
60-19
9.60.050
Storage and Other Accessory Buildings ....
60-6
9.60.210
Construction and Guard Offices .......
60-20
9.60.060
Garages and Carports ..................
60-6
9.60.220
Trash and Recyclable Materials Storage
60-20
9.60.070
Swimming Pools .......................
60-7
9.60.230
Noise Control ......................
60-20
9.60.080
Satellite Dish and Other Antennas ........
60-8
9.60.240
Landscaping and Open Area ..........
60-21
9.60.090
Second Residential Units ................
60-9
9.60.250
Model Home Complexes .............
60-21
9.60.100
Guest Houses ........................
60-11
9.60.260
Condominium Conversions ...........
60-24
9.60.110
Home Occupations ....................
60-12
9.60.270
Density Bonuses for Affordable Housing
60-26
9.60.120
Pets and Other Animals
60-13
9.60.280
Timeshare Regulations ..............
60-30
9.60.130
Recreational Vehicle Parking ...........
60-13
9.60.290
Compatibility Review for
9.60.140
Screening ...........................
60-14
Partially -Developed Subdivisions .....
60-35
9.60.150
Tennis and Other Game Courts .........
60-15
9.60.300
Restrictions on Multi -Story
9.60.160
Outdoor Lighting .....................
60-16
Buildings at Project Boundaries .....
60-37
9.60.010 Purpose and Intent.
This Chapter sets forth requirements for accessory structures, fences and walls, swimming pools,
and other special aspects of land use in residential districts. These requirements are in addition to the
regulations for residential uses set forth in Chapters 9.30 through 9.50.
9.60.020 Signs and Parking.
Refer to Chapter 9.150 for parking regulations and Chapter 9.160 for sign regulations.
9.60.030 Fences and Walls.
A. Definition. For purposes of this Section, "fence" or "wall" means any type of fence, wall,
retaining wall, sound attenuation wall, screen, or windscreen. The terms "fence" and "wall" are used
interchangeably in this Section to mean any or all of the preceding structures.
B. Measurement of Fence
Height. Except as otherwise specified
in this Section, fence heights shall be
measured from finish grade at the
base of the fence to the highest point
of the fence on the interior or exterior
side, whichever is higher. In addition,
the following provisions shall apply to
the measurement of fence height:
Open railings, up to 48
inches high, placed on top of
a retaining or other wall and
required for pedestrian
safety shall not be included
in the height measurement.
FENCES MORE THAN 3t1"
APART (between acUment tsoes)
SHALL BE CONSIDERED
SEPARATE STRUCTURES FOR
OPEN RAILING UP TO 48" HIGH PURPOSES OF MEASURING HEIGHT
ON TOPMAX. HEIGHT WALL
FOR PEDESTRIAN SAFETY INDEPENDENT M°AL�L\
MAXIMUM WAIL HEIGHTu \ I INDEPENDENT WALL
HEKiR \7.
4�:I:v,.
Figure 601: Measurement of Fence Height
60-1
9.60: SUPPLEMENTAL RESIDENT19L REGULATIONS
2. Fences less than 30 inches apart (measured between adjoining faces) shall be considered one
structure and fence height shall be measured from the base of the lower fence to the top of the
higher fence. Fences 30 inches or more apart shall be considered separate structures and their
heights shall be measured independently. The Director may require that the area between such
fences be provided with permanent landscaping and irrigation.
C. Maximum Fence Heights. The construction and installation of fences shall be in compliance with
the following standards:
1. Within Main Building Area. In the area of a lot where amain building maybe constructed, the
maximum freestanding fence height shall be 12 feet.
2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet within any
required setback area not adjoining a street. Where the elevation of an adjoining building site
is higher than the base of the fence within a side or rear setback area, the height of the fence may
be measured from the elevation of the adjoining building site to the top of the fence. However,
fence height shall not exceed eight feet measured from either side.
3. .Setback Areas Bordering .Streets, Alleys, and Other Accessways.
a. Within all districts, the maximum fence height shall be five feet within the first ten feet of the
required front setback area (measured from the street right-of-way) and six feet within any
rear or side setback area adjoining a public street.
b. Notwithstanding other fence height restrictions, where, because of the orientation of the lots,
a property line fence separates a front yard on one lot from a rear yard on an adjacent lot, the
maximum fence height shall be six feet.
c. Arches or trellises up to eight feet in height and five feet in width may be constructed over
a gate on a lot provided the arch is integrated into the fence/gate design. Alternately, pilasters
adjacent to such a gate may be constructed up to eight feet in height provided the pilasters
are integrated into the fence/gate design. A maximum of two such arches or pairs of pilasters
shall be permitted per residential parcel.
d. Any portion of a building site where vehicular access is taken shall conform to the access
intersection requirements of Paragraph CA. of this Section.
e. City- or state -required sound attenuation walls bordering freeways or arterial highways may
exceed six feet in height if so recommended by a noise attenuation study and approved by
the Director.
4. Visibility at Intersections. In regulating fences and other visual obstructions, it is necessary to
preserve motorist sight distances and to maintain visual openness. Therefore, notwithstanding
Paragraph C.3. of this Section, the height of fences, trees, shrubs, and other visual obstructions
shall be further restricted as follows:
60-2
9.60: SUPPLEMENTAL RESIDENT]AL REGULATIONS
a. The height of fences, trees, shrubs, and other visual obstructions shall be limited to a
maximum height of 30 inches within the triangular area formed by drawing a straight line:
1) Between two points located on and 20 feet distant from the point of intersection of two
ultimate street right-of-way lines.
2) Between two points located on and five feet distant from the point of intersection of an
ultimate street or alley right-of-way on one hand and the edge of a driveway or another
alley right-of-way on the other.
b. For purposes of this Code, "point of intersection" shall mean the intersection of the
prolongation of the right-of-way lines, excluding any curved portion joining the two lines.
c. The height restrictions of this Paragraph CA. shall apply to fences, walls, trees, shrubs,
vegetation, or any other material which obstructs or may obstruct visibility.
D. Gates.
Materials. Gates shall be constructed of ornamental iron/tubular steel and/or wood. Such gates
may be placed in any location provided they meet the requirements of this Section and provided
any wood used is not less than a grade of construction heart or merchantable and better
redwood or #2 and better (no holes) western red cedar, stained or painted to match or
complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall
be treated with a water -repellant material. Wood gates over 36 inches wide shall have a metal
frame. Chain link gates are prohibited.
2. Width. Pedestrian gates shall not exceed 48 inches in width, except that other gates may be any
width in sideyard fences within sideyard setbacks of at least -172 8 feet.
E. Fence Construction and Materials. All fencing in residential districts shall conform to the
following construction and material standards:
1. Wood Fencing.
a. Except for gates and for equestrian fencing regulated by Section 9.140.060, wood fencing
is permitted in rear or interior side yards only, and only if not visible from the street. Gates
may be of wood in any location provided they comply with the standards of this Section.
b. All wood fencing shall be constructed of not less than a grade of construction heart or
merchantable and better redwood or #2 and better (no holes) western red cedar, stained or
painted to match or complement the adjacent wall or structure. Alternatively, if left in natural
color, all wood shall be treated with a water -repellant material.
c. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal 4"
x 4 redwood, pressure -treated lumber, tubular steel or block placed five feet on center. All
fences shall have a concrete footing or approved post base or be embedded in concrete in a
60-3
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
manner which allows standing water to drain from the post hole. The posts shall be installed
on the interior side of the lot with fencing material on the outside edge of the support posts.
2. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be
used along the front or street side yards only. The iron or steel shall be painted to match or
complement the adjacent wall or structure.
3. Masonry Fencing. Solid Masonry fencing (i.e. block, rock, brick, with or without stucco
covering) is permitted in any location on the lot provided the color of the masonry or stucco
matches or complements the adjacent wall or structure. Precision concrete block shall not be
used unless all exterior surfaces visible from outside the property are covered with stucco, paint,
texture coating, or other comparable coating approved by the Director.
4. Material Combinations. Combinations of two or more of the preceding materials may be used
provided that the bottom one-half of the fence is constructed of a masonry material.
Combinations incorporating wood materials shall only be used for the rear and interior side
yards and only when not visible from the street
F. Fence Landscaping and Maintenance.
1. Landreapmg, The area between the street right-of-waythe back of curb or sidewalk and any
fencing shall be landscaped, have a suitable permanent irrigation system, and be continuously
maintained by the property owner.
2. Maintenance. All was and fences shall be continuously maintained in good repair. The property
owner shall be provided thirty days after receiving notice from the City to repair a wall or fence.
The Building Official may grant an extension to such time period not to exceed sixty days.
G. Prohibited Fence Materials. The use of barbed wire, razor wire, or similar materials in or on
fences is prohibited in all residential districts. In addition, chain link or wood fencing is prohibited within
required front setbacks or any other required setback adjacent to a street or alley, except for wood gates
and for temporary construction fences authorized by a minor use permit issued in accordance with
Section 9.210.020.
H. Equestrian Fencing. Notwithstanding any other requirements of this Section, fencing shall be
regulated by the provisions of Section 9.140.060 (Equestrian Overlay Regulations) where the keeping
of horses is permitted.
I. Nonconforming Fences. Any fence which does not meet the standards of this Section but which
was legally established prior to the adoption of these standards may be maintained provided such fence
is not expanded nor its non-conformance with these standards otherwise increased. Any fence which is
destroyed or damaged to the extent of more than 50 percent of its total replacement value shall not be
repaired, rebuilt, or reconstructed except in conformance with these standards.
9.60.040 Patio Covers, Decks and Play Equipment.
M
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
A. Applicability. For purposes of this Section, The term "patio covers, decks, and play equipment"
includes any type of yard structure other than a building or a carport. Such structures include but are not
limited to open and solid patio covers, gazebos, trellises, arbors, and to -play equipment which is more
than eight feet in height. All such structures shall be "open" (no side walls) and are referred to in this
Section as "yard structures". Enclosed structures shall be considered accessory buildings (see Section
9.60.050). Uncovered decks and others structures less than 18 inches above finish grade shall not be
subject to the provisions of this Section.
B. .Standards. Patio covers, decks, gazebos, play equipment or other yard structures, attached to
or detached from the main building shall comply with front and side yard setbacks for the main building
and the following requirements:
1. The location of decks and balconies shall be governed by the standards for wall projections in
Section 9.50.060.
2. No yard structure shall be more than 12 feet in height.
3. Yard structures shall not be constructed or established
m-e limited t i height of five feet as specified in Section 9.60.030 no. shall they be
located in the panhandle portion of a panhandle lot.
4. No yard structure shall be located less than five feet from any residential lot or from any rear
property line adjacent to a public or private right-of-way.
5. No yard structure shall be located less than three feet from any rear property line adjacent to any
common use easement or open space or recreational area which is at least ten feet deep.
6. For trellises, patio covers, gazebos, arbors, and similar structures, eaves or roofs may overhang
into the required setback a maximum of one foot. Setbacks shall be measured from the nearest
supporting member of the structure to the property line or, if the property line is at the toe of
a slope, from the top of the slope.
7. Structures shall be constructed in a manner so as to prevent rooftop water from draining onto
any adjacent parcel.
S. Lattice cross -members in patio covers or trellises shall be of minimum nominal 2" x 2" material,
with maximum 2" spacing and maximum 24" 32" span.
9. No patio cover, trellis, gazebo, arbor, similar structure, or combination thereof shall cover more
than 50 percent of the yard area between the residence and the rear property line.
9.60.050 Storage and Other Accessory Buildings.
A. Applicability. Accessory buildings, such as storage or gardening sheds, are permitted as
accessory shactare on a residential lot containing a primary residence subject to the requirements of this
Section. (Carports and garages are regulated separately by Section 9.60.060., patio covers by Section
9.60.040, swimming pools and spas by Section 9.60.070, and recreational vehicle parking by Section
60-5
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.60.130.)
B. Drainage from Roofs. Accessory structures buildings shall be constructed in a manner so as to
prevent rooftop water from draining onto any adjacent parcel.
C. Lot ('overage Maximums. The placement of accessory structures buildings on a lot shall not
result in violation of the lot coverage maximums set forth in Section 9.50.030.
D. Standards.
3. Setbacks and Maximum Height.
Detached accessory structures buildings shall conform to
the following setback standards:
TABLE 601: STANDARDS FOR DETACHED ACCESSORY BUILDINGS
Minimum Setback ft.
Roof Area of
Max.
Structure (sg/ft)
Height
Separation from
Front
Interior
Exterior
Rear
Main Building
Yard
Side Yard
Side Yard
Yard
0-100
;................
10
{
5
20
3-.-5
10 3-.5
a----------------
..............................
101-200
910
.................................
5
.....................
20
..................... ....................
5
10 5
................................................A
201+
17
10
same
as main building requirements
9.60.060 Garages and Carports.
A. Height. The maximum structure height shall be 14 feet for a detached carport and 17 feet for
a detached garage, except that garages may be up to 28 feet in height if a second dwelling unit complying
with the provisions of Section 9.60.090 is located above the garage.
B. Setbacks.
In the RVL district, the minimum garage or carport setback shall be 30 feet. In all other
residential districts, the minimum setback for front -entry type garages or carports shall be 25
feet if a standard "pivot" type garage door is used, 20 feet if a "roll -up" type garage door is
used, and 20 feet for a carport. For side -entry type garages, the minimum garage setback shall
be 20' in the RVL District and 15' in all other residential districts.
2. When alleys, private streets or common driveways at the rear of a lot are provided specifically
•1 •
9.60: SUPPLEMENTAL RESIDENTL9L REGULATIONS
as vehicular access to garages and carports and when separate access and circulation systems
are provided for pedestrians, guests and emergency vehicles, garages and carports may be
placed up to a minimum of five feet from such alley, private street or common driveway.
C. Lot Coverage Maximums. The placement of a garage or carport on a lot shall not result in
violation of the lot coverage maximums set forth in Section 9.50.030.
9.60.070 Swimming Pools.
A. Applicability. The provisions of this Section shall apply to any outdoor swimming pool,
whirlpool, spa (in -ground or above -ground), or open tank or pond containing or normally capable of
containing water to a depth of three feet or more at any point. For purposes of this Section, the term
"pool" means all or any of the foregoing facilities.
B. Standards. Pools are permitted as accessory uses in residential districts subject to the following
requirements:
Location. , Pools shall be located at least three feet
(measured from water's edge) from any property line and four feet from any straetum building
wall. The only exception is in private gated communities where pools may be located up to the
property he only if adjacent to common open area. No adjustment to these minimums shall be
approved.
2. L'ilter and Heating Equipment. Mechanical pool equipment, such as a pump, filter or heater,
shall be located no closer than ten feet from the buildable area (main building envelope) of an
adjacent residential lot unless such equipment is placed within a building, underground vault,
or other enclosure which the Director determines provides effective noise and vibration
attenuation. The Director may require testing of the proposed enclosure by a qualified
professional to make the such a determination. In no case shall such equipment or enclosure be
placed closer than three feet from any property line. In addition, equipment shall be screened
from ground view of surrounding properties. Such visual screening may consist of perimeter
walls or fencing (if permitted), screen walls, or landscape planting.
3. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the City's
Building Code Chapter 8.06, state law and other applicable laws and ordinances.
9.60.080 Satellite Dish and Other Antennas.
A. Purpose. Satellite dish and other antennas consistent with the design and location provisions of
this Section shall be permitted as accessory structures within any residential district.
B. Permitted Commercial Antennas. Commercial television, radio, microwave, communication
towers, and related facilities are permitted as principal uses in all districts subject to approval of a
conditional use permit and conformance with the requirements of Chapter 9.170 (Communication Towers
and Equipment). Satellite dish and other antennas are permitted as accessory structures in nonresidential
60-7
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
districts in accordance with Section 9.100.070.
C. Permitted Noncommercial Antennas. Noncommercial privately -owned television and/or radio
antennas shall be contained entirely within a building except for: (1) satellite dish antennas and other
antennas which cannot function when completely enclosed by a building, and (2) amateur radio antennas
used by operators licensed by the Federal Communications Commission (FCC, pursuant to 47 CFR §
97). Such permitted outdoor antennas shall comply with the following design standards and
requirements:
1. Number. No more than one satellite dish and one amateur radio antenna shall be permitted per
lot.
2. Height and Diameter. Satellite dish antennas shall not exceed eight feet in height measured from
adjacent grade or finish floor and shall be no more than eight feet in diameter. Amateur radio
antennas shall not exceed the maximum building height for the district as specified in Section
9.50.030.
3. Ground -Mounted Antennas.
a. Location. All ground -mounted antennas shall be located within the rear yard or may be
located within an interior side yard if not within the required side yard setback. Such
antennas are prohibited from exterior street side yards unless not visible from the street. All
antennas over six feet in height shall be set back a minimum of ten feet from all property
lines.
b..Screening. Ground -mounted satellite dish antennas shall be screened from view, including
views from adjacent yards, by landscaping or decorative structures (trellis, arbor, fence, etc.).
The dish antenna shall be a single color that blends with its surroundings (e.g., off-white,
dark green, brown, gray, or black).
c. Disguised Antennas. An antenna which has the appearance of typical backyard furniture or
equipment (e.g., satellite dish antenna manufactured to have the appearance of a patio
umbrella) is not required to comply with the preceding location and screening standards but
shall comply with height and size limits. Such an antenna may be placed on any patio or deck.
4. Building Mounted Antennas. Roof -top and other building -mounted antennas are prohibited in
all residential districts if over 24" in diameter unless and completely screened from horizontal
view via a parapet wall or other feature which is integrated into the architecture of the building.
9.60.090 Second Residential Units.
A. Purpose. This Section provides standards and criteria for the establishment of second residential
units within residential districts consistent with Sections 65852.1, 65852.150, and 65852.2 of the state
Government Code.
. / i
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
B. Definitions. For purposes of this Code, the following definitions shall apply:
1. "Second residential unit" shall mean a dwelling unit, including sleeping and cooking facilities,
that is accessory to a pre-existing primary residence on a single family lot. "Granny housing" is
intended for sole occupancy by one or two persons age 62 years or older or a handicapped
person of any age (plus spouse or care -giver). "Granny housing" is included within the term
"second residential unit".
2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics
(if permitted) and shall not include a garage or any accessory structure.
C. Limitations. Only one second residential unit or one guest house may be established on any lot
in addition to the primary residence. Therefore, no more than two residential units on a single lot are
permitted under the provisions of this Section.
D. Standards for .Second Residential Units. A second residential unit may be established in the
RVL, RL, RC, RM, or RMH Districts if the following standards are met and a conditional minor use
permit is approved by the sign Community Development Director in accordance with
Section 9.210.020:
1. No interest in the second residential unit may be sold separately from the remainder of the
property. However, the second residential unit may be rented.
2. A second unit shall only be permitted on a residential lot which conforms to the minimum lot
size requirements of the applicable zoning district and on which one owner -occupied
single-family detached dwelling unit (the primary residence) already exists.
3. The second unit shall be either attached to and located within the living area of the existing
primary residence or detached from and located on the same lot as the existing primary
residence.
4. No second unit shall be permitted on any residential lot already containing two or more dwelling
units if under 10 acres in size. Thus, on lots smaller than ten acres, a secondary dwelling
unit may not be added to a lot containing a guest house or vice -versa.
5. Any new construction required for establishment of the second unit shall conform to all Building
Code standards and applicable state law.
6. The second unit shall conform to height, setback, lot coverage, fees, and other zoning
requirements generally applicable to residential construction in the district in which the property
is located.
7. The second unit shall be architecturally compatible with the primary residence.
8. The floor area of an attached second unit shall not exceed 30 percent of the existing living area
M
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
of the primary residence.
9. A detached second unit shall not exceed 1200 square feet total floor area.
10. The placement of a second unit on a lot shall not result in violation of the lot coverage
maximums set forth in Section 9.50.030.
11. A minimum of three off-street parking spaces shall be provided for each residential lot
containing an approved second unit, to include the following: a two -car garage for the primary
residential unit and one space enclosed or open for the second unit. Tandem parking spaces shall
not be credited toward meeting this requirement and no variance or minor adjustment shall be
granted to allow substandard parking spaces or locations.
12. The second unit may be separately metered for gas, electricity, water, sewer, and other utility
services.
13. The applicant for the conditional minor use permit for a second unit shall be the owner currently
occupying the subject property.
14. The provisions of this Section shall not validate any existing illegal second unit. An application
for a permit may be made pursuant to the provisions of this Code to convert an illegal second
unit to a conforming legal second unit. The standards and requirements for said conversion shall
be the same as for a newly proposed second dwelling unit.
15. In addition to the findings required generally for all conditional minor use permit approvals, the
following finding shall be made in order to approve a conditional use permit for a second unit:
"The second unit is compatible with the design of the main unit and the
surrounding neighborhood in terms of landscaping, scale, height, bulk, lot
coverage and exterior appearance."
9.60.100 Guest Houses.
A. Purpose. This Section provides standards and criteria for the establishment of guest houses
including employee quarters where such units are permitted in accordance with Section 9.40.040.
B. Definitions. For purposes of this Code, the following definitions shall apply:
1. "Guest house" shall mean a an attached or detached unit which has sleeping and sanitary
facilities but no cooking facilities and which is used primarily for sleeping purposes by members
of the family occupying the main building and their non-paying guests.
2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics
(if permitted) and shall not include a garage or any accessory structure.
60-10
3. "Employee quarters" shall mean attached or detached quarters, with or without cooking
facilities, for the housing of domestic employees and located upon the building site occupied
by their employer. The quarters shall be designed so that it cannot become a rental unit for
nonemployees.
C. Limitations. On lots of ten acres or larger, one or more guest houses/employee quarters may
be constructed. On lots smaller than ten acres, only one second residential unit may be established on
any lot in addition to the primary residence. or One detached guest house and/or employee quarters
may be established on any lot in addition to the primary residence when no secondary residential unit
exists.. Thus, on lots smaller than ten acres, a guest house may not be added to a lot containing a second
dwelling unit, or vice -versa.
D. Standards for Guest Houses✓Employee quarters. A guest house/employee quarters may be
constructed as an accessory use in the RVL or RL Districts subject to approval of a minor use permit.
All guest houses shall conform to the following standards:
Detached guest houses/employee quarters shall conform to all applicable Building Code
standards and all development and design standards of the zoning district in which they are
located. In addition, the height of the guest house shall not exceed 17 feet and shall not be more
than one story.
2. Guest houses/employee quarters shall be architecturally compatible with the main unit.
3. The floor area of the guest houselemployee quarters shall each not exceed 3e 35 percent of the
existing living area of the principal residence.
4. The placement of a guest house on a lot shall not result in violation of the lot coverage
maximums set forth in Section 9.50.030.
5. There shall be no kitchen or cooking facilities within a guest house.
6. A guest house/employee quarters shall be used only by the occupants of the main residence,
their non-paying guests or domestic employees. The guest house shall not be rented or
otherwise occupied separately from the main residence.
7. A deed restriction shall be required for recordation against the property to prohibit the use or
conversion of the guest house to a rental unit, to a unit for sale, or to add a kitchen or cooking
facility with the exception of employee quarters
8. A deed restriction shall be required for recordation against the property to prohibit the use
or the conversion of a employee quarters to a rental unit or to a unit for sale.
9. If a private sewage disposal system is used, approval of the local health officer shall be required.
60-11
9.60: SUPPLEMENTAL RESIDENT19L REGULATIONS
9.60.110 Home Occupations.
A. Purpose. The regulations set forth in this Section are provided so that certain incidental and
accessory uses may be established in residential neighborhoods under conditions that will ensure their
compatibility with the neighborhood.
B. Permit Required. Establishment and operation of a home occupation shall require approval of
a home occupation permit processed by the Director of Building and Safety in accordance with Section
9.210.060. Information shall be provided to ensure that the proposed home occupation complies with
the requirements of this Section. Additional information necessary to make the findings required for
approval may be required by the City.
C. Use and Development Standards. In addition to the requirements for each residential district,
the following standards shall apply to the establishment and operation of home occupations:
1. The establishment and conduct of a home occupation shall be an incidental and accessory use
and shall not change the principle character or use of the dwelling unit involved.
2. Only residents of the dwelling unit may be engaged in the home occupation.
3. A home occupation shall be conducted only within the enclosed living area of the principle
dwelling unit or within the garage provided no garage space required for off-street parking is
used. The home occupation shall not occupy more than 25 percent of the combined floor area
of the house and garage.
4. A home occupation shall not be conducted within a detached accessory structure, although
materials may be stored in such a structure.
5. There shall be no signs, outdoor storage, parked vehicles, or other exterior evidence of the
conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance
so that it appears other than a residence, either by color, materials, construction, lighting,
sounds, vibrations, or other characteristics.
6. Electrical or mechanical equipment which creates interference in radio, television or telephone
receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.
7. The home occupation shall not create dust, noise or odors in excess of that normally associated
with residential use.
8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling
unit shall not be the point of customer pickup or delivery of products or services, nor shall a
home occupation create greater vehicular or pedestrian traffic than normal for the district in
which it is located.
9. Medical, dental or similar occupations in which patients are seen in the home are prohibited.
60-12
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
10. All conditions attached to the home occupation permit shall be fully complied with at all
times
D. Revocation or Suspension of Permit. The Director of Building and Safety may revoke or
suspend any permit for a home occupation if the Director determines that any of the performance and
development standards listed in Paragraph C of this Section have been or are being violated, that the
occupation authorized by the permit is or has been conducted in violation of any state statute or City law,
or that the home occupation has changed or is different from that authorized when the permit was issued.
E. Permit Nontransferable. No permit issued for a home occupation shall be transferred or
assigned, nor shall the permit authorize any person other than that named in the permit, to commence
or carry on the home occupation for which the permit was issued.
9.60.120 Pets and Other Animals.
In addition to the required setbacks for structures set forth in this Code for the applicable zoning
district, all pens, cages (except dog runs), and other structures specifically for keeping animals overnight,
other than in the residence, shall be located at least 50 feet from any adjoining existing residential
structure, or, if no residential structure exists, at least 50 feet from such areas where a residential
structure may be legally located. Such areas may be defined by any combination of zoning setback
requirements, easements or recorded CC&R's. Notwithstanding the provisions of this Section, the
keeping of horses shall be regulated by Section 9.140.060 (Equestrian Overlay Regulations).
9.60.130 Recreational Vehicle Parking.
A. Purpose. Recreational vehicles may be parked or stored on residentially zoned property only in
accordance with the provisions set forth in this Section. Recreation vehicles parked within a validly
established recreation vehicle storage facility are exempt from the requirements of this Section.
B. Definition. For purposes of this Code, a "recreational vehicle" or "RV" shall mean all trailers
or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed
and used for temporary habitation, including motorhomes, travel trailers, "5th wheels", and camper
shells. For purposes of this Section, "stored" shall mean the same as "parked".
C. Storage of RV's. RV's may be stored within residential rear or side yards except where fence
heights are limited to less than six feet (per Section 9.60.030), provided a three-foot setback is
maintained between the RV and the property line. The storage area shall be screened with landscaping
or other materials so that the RV is not visible from adjoining properties or from any street abutting the
property. Non -landscape screening over six feet in height shall conform to the applicable height
limitations of the district. This may require additional setback for the RV storage area. Except for the
preceding storage locations and for validly -established recreational vehicle storage facilities, no RV shall
be parked for more than 24 hours at any location or combination of locations within the City.
9.60.140 Screening.
60-13
9.60: SUPPLEMENTAL RESIDENTL9L REGULATIONS
A. Parking Area Screening. Screening of common parking areas shall be provided for all residential
projects in accordance with the requirements for nonresidential uses in Section 9.100.050.
B. Equipment .Screening.
1. Roof -Mounted Equipment. Roof -mounted utility and mechanical equipment, including but not
limited to air conditioning, heating, restaurant exhaust fans, electrical elevator structures, roof
accesses, etc., may be permitted only if screened per the following requirements:
a. For flat roofs, a screened enclosure behind the parapet wall may be used if it is made to
appear as an integral part of the building. For all roofs, screening shall be an integral part of
the roof design and not appear as an afterthought.
b. Such screening shall be provided so that the highest point of the equipment is below the
surrounding architectural feature and is screened from view to a minimum horizontal sight
distance of 1320 feet as viewed from a point five feet above finish grade, whichever provides
the most screening.
c. All roof mounted equipment shall be screened from view of surrounding two-story (or more)
residential development and, where feasible as determined by the city, from two-story
commercial and other types of development.
2. Ground -Mounted Equipment. Ground -mounted utility, mechanical, and pool or spa equipment
shall be screened from ground view of surrounding properties. Such screening may consist of
perimeter walls or fencing (if permitted), screen walls, or landscape planting. Equipment within
exterior side yards shall be screened by an opaque wall.
3. .Solar Equipment. Solar heating equipment, whether roof- or ground -mounted shall be installed
so that the underside of the equipment is not visible from surrounding properties.
4. Access Ladders. Wall -mounted exterior roof access ladders are prohibited unless screened from
view by surrounding features.
C. Facility Screening. Within multifamily and condominium projects, storage, trash, and loading
areas shall be screened as follows:
1. Storage Areas. All storage, including cartons, containers, materials, or equipment shall be
screened from public view as required by Section 9.100.120 (Outdoor Storage and Display).
2. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six
feet in height in accordance with Section 9.60.220. Decorative overhead structures such as
trellises shall be integrated into the enclosure design if it is visible from higher terrain.
3. Loading Areas. Loading platforms and areas shall be screened from view from adjacent streets
and residential, open space and recreation areas.
9.60.150 Tennis and Other Game Courts.
A. Permits Required Construction of tennis and other game courts, including fencing, may be
permitted as indicated in Section 9.40.040. Enclosed game courts shall comply with Section 9.60.050
Storage and Other Accessory Buildings. All lighted game courts, where permitted, shall require
60-14
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
approval of a minor use permit by the Community Development Director or conditional use permit by
the Planning Commission processed in accordance with Section 9.210.020.
B. Development Standards. Game courts shall meet the following minimum development standards:
1. Fences. A maximum 12-foot high fence (measured from the finished grade of the court) shall
be allowed. Fences may include a dark, non -reflective screening material. If the fencing is chain
link, it shall be vinyl -coated or painted in a dark color such as dark green or black.
2. Setbacks. Minimum setbacks from property lines for game courts shall be:
Front yard:
20 feet
Side yard:
10 feet
Rear yard:
10 feet
The preceding minimum setbacks shall be increased by three feet for every foot of abutting court
fence height over eight feet. In addition, if the setback from any side or rear property line is less
than 30 feet, the finish grade of the court shall be a minimum of four feet lower than the finish
grade at the applicable side or rear property line.
3 Lighting. Game court lighting shall conform to the requirements of Section 9.60.160. (Outdoor
Lighting). In addition, a maximum of eight lights (i.e. eight individual light sources) shall be
permitted and mounting standard height shall not exceed 18 feet measured from the court
surface. Courts shall not be lighted after 10:00 p.m.
4. Glare. The surface area of any game court shall be designed, painted, colored, and/or textured
to reduce the reflection from any light source.
5. Landscaping Landscaping shall be installed and maintained between the court fence and
property he. A landscape plan shall be submitted with the building permit application, reviewed
and approved by the city landscape arditeet Community Development Director and
implemented at the same time as court construction.
9.60.160 Outdoor Lighting.
All residential land uses shall conform to the nonresidential outdoor lighting standards of Section
9.100.150. In addition, residential lighting shall comply with the following requirements:
1. Outdoor Game Courts. All lighted outdoor recreation uses shall be subject to the provisions of
Section 9.60.150 for lighted game courts.
2. Height. Building -mounted lights shall be installed below the eave line or below the top of wall
if there are no eaves. Pole or fence -mounted decorative and landscape lights shall be located no more
than eight feet above grade.
9.60.170 Special Outdoor Events.
A. Outdoor F,vents. Within residential districts, special outdoor events shall include, but are not
limited to pageants, fairs, carnivals and large athletic events, religious or entertainment events, block
60-15
9.60: SUPPLEMENTAL RESIDENT14L REGULATIONS
parties, and large neighborhood or community gatherings in temporary outdoor facilities.
B. Standards. Special outdoor events are permitted in residential districts as indicated in Table 401
provided the following requirements are met:
1. Approval of a temporary minor use permit shall be required for events to be attended by more
than 50 people, including participants and spectators.
2. Regardless of the number of attendants, activities conducted on property owned by or leased
to the city or on public rights -of -way may require an encroachment permit issued by the Public
Works Director.
3. The event may be permitted for a period not to exceed ten consecutive days. Events conducted
by a single permittee or group which occur more than twice in a calendar year are not
considered temporary and shall not be eligible for a minor use permit.
4. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration
of the activity site within seven days of the activity conclusion may be required.
5. Applications for permits or certificates required by Paragraphs A. and B. of this Section shall
be referred by the Community Development Department to other affected departments, cities
or public agencies as may be appropriate for review and comment.
6. Signs for the event shall be allowed as follows:
a. Maximum of one temporary banner per street frontage, not to exceed 32 sq.ft.
b Maximum one temporary portable sign on- or off -site on private property, not to exceed 55
sq.ft.
c. Maximum 30 off -site temporary directional signs, subject to the provisions of Section
9.160.060, Paragraphs C through H, with the exception of Paragraph E.
d. Maximum 15 bunting signs, with maximum size to be approved by the Director of
Community Development.
e. Posting period, locations, and related details shall be as approved in the temporary use permit
for the event.
f. Other signs and advertising devices, such as pennants, flags, A -frame signs, and light strings
are prohibited.
7. Related issues, including but not limited to police and security, food and water supply, use of
tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage,
fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required
by the Director, Sheriff, Fire Chief or health officer in their administration of other city codes.
Such other codes may require the applicant to obtain permits such as building, electrical, health
and tent permits.
60-16
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.60.180 Manufactured Housing and Mobilehomes
A. Purpose. This Section is intended to provide standards and criteria for the placement, design,
and construction, of manufactured, modular, and mobile homes in residential districts consistent with
Section 65852.3 et seq of the state Government Code.
B. Definition. For the purposes of this Zoning Code, the terms "manufactured home" "modular
home" and "mobilehome" shall mean the same thing, that is: a residential building transportable in one
or more sections which has been certified under the National Manufactured Housing Construction and
Safety Standards Act of 1974. For purposes of simplicity, the term manufactured home is used in this
Section.
C. Mobilehome Parks. In accordance with Section 65852.7 of the state Government Code,
mobilehome parks are permitted in all residential districts if a conditional use permit is approved.
Development standards for such parks shall be as follows: minimum 30 percent common open area and
minimum perimeter setbacks of 20 feet at any point and 25 feet average over the entire perimeter.
D. Individual Manufactured Homes. In accordance with Section 65852.3 et seq of the state
Government Code, individual mobilehomes may be permitted as permanent or temporary dwellings on
single family lots within the RVL, RL, RC, RM, and RMH Districts.
E. ,Site Development Permit Required. Approval of a site development permit by the Planning
Commission shall be required prior to the placement of a manufactured home on a single family lot. The
permit shall not be approved unless the Commission finds that the dwelling meet the same development
standards as provided for single family homes for each district as set forth in Chapter 9.50 and elsewhere
in this Code in addition to the standard findings for approval of a site development permit per Section
9.210.010
9.60.190 Family Day Care Facilities
A. Purpose. The purpose of this Section is to provide standards for the establishment and operation
of child or family day care facilities within residential districts consistent with Chapters 3.4 and 3.6 of
Division 2 of the state Health and Safety Code.
B. Small Day Care Facilities. Family day care facilities serving six -eight or fewer children are
permitted in all residential districts except the RH District. Such facilities shall conform to the following
requirements:
1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety
equipment as specified by the Fire Marshal and/or state regulations.
2. All facilities shall be operated in accordance with state and local health, safety, and other
regulations.
3. All parking and outdoor lighting shall comply with the applicable regulations set forth in Chapter
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9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.150 and Section 9.60.160, respectively.
4. All facilities shall comply with the development standards of the residential district in which they
are located, as set forth in Section 9.50.030.
5. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms
to the standards of Section 9.60.030 (Fences and Walls). No such play area shall be provided
where fences are limited to less than five feet in height.
C. Large Day Care Facilities. Family day care facilities serving seven to i 2 nine to 14 children are
permitted in all residential districts except the RH District if a minor use permit is approved. Such
facilities shall conform to the preceding requirements for small day care facilities plus the following:
1. A minor use permit approved by the Community Development Director shall be required to
establish a large family day care facility in accordance with Section 9.210.020. In addition, all
facilities shall comply with this Section and with any additional requirements imposed as part
of the use permit or of any other applicable permit.
2. No large family day care facility shall be approved on a parcel which is within 500 feet of
another parcel which either already contains such a facility or which has a valid permit for such
a facility.
3. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms
to the standards of Section 9.60.030 (Fences and Walls). No such play area shall be provided
where fences are limited to less than five feet in height.
4. Outdoor activities shall be limited to between the hours of 9:00 a.m. and 7:00 p.m.
9.60.200 Senior Citizen Housing.
A. Purpose. The purpose of this Section is to provide standards for the establishment and operation
of senior citizen housing facilities consistent with Sections 1568.083 et seq and 1569.85 of the state
Health and Safety Code.
B. .Senior Citizen Residences. Senior residences, i.e. those with six or fewer residents, shall
conform to the following requirements:
1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety
equipment as specified by the Fire Marshal and/or state regulations.
2. All facilities shall be operated in accordance with state and local health, safety, and other
regulations.
3. All signs, parking, and outdoor lighting shall comply with the applicable regulations set forth
in this Code.
9.60: SUPPLEMENTAL RESIDENTL4L REGULATIONS
4. All facilities shall comply with the development standards of the residential district in which they
are located as set forth in Section 9.50.030.
C. Senior Group Housing. Senior group housing facilities, i.e. those with seven or more residents,
may be permitted in all residential districts subject to approval of a conditional use permit by the Planning
Commission. Such facilities shall conform to the preceding requirements for senior citizen residences plus
the following:
1. Residential occupancy shall be limited to single persons 55 years of age or over or married
couples with at least one spouse 55 years of age or over.
2. The project may provide, for the exclusive use of the residents, central cooking facilities,
common dining room(s), central laundry facilities, a beauty shop, a barber shop, and a pharmacy
not exceeding 1000 square feet in floor area.
9.60.210 Construction and Guard Offices.
The temporary placement of a trailer, recreational vehicle, or other relocatable building, or the
temporary use of a permanent structure on an active construction or grading site to serve as a
construction and/or guard office, and the establishment of a materials and equipment storage yard, may
be permitted subject to approval of a minor use permit processed in accordance with Section 9.210.020
and the following requirements:
1. The office shall not be moved onto the site or otherwise established until issuance of a precise
grading permit or, if there is no grading permit, until issuance of a building permit.
2. Any temporary use and/or structure shall be removed from the site prior to the issuance of
certificates of occupancy for the last new building on the site.
3. Any permanent structure or portion thereof devoted to a temporary use shall be converted to
a permanent permitted use prior to the issuance of a certificate of occupancy for the last new
building on the site.
4. The use of a recreational vehicle as a construction or guard office shall l of�
.be allowed.
9.60.220 Trash and Recyclable Materials Storage.
All condominium and multifamily projects shall comply with the nonresidential trash and recyclable
materials storage requirements of Section 9.100.200.
9.60.230 Noise Control.
Residential land uses shall comply with the nonresidential noise control standards set forth in Section
9.100.210.
60-19
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.60.240 Landscaping and Open Area.
A. General Requirement. All multifamily, single family attached, and specific plan projects shall
include both perimeter landscaping and common open area in accordance with the standards of this
Section. Perimeter landscaping shall not count toward common open area requirements or vice versa.
B. Perimeter Landscaping. Perimeter landscape setbacks shall be installed to the depth specified
in Section 9.50.030 (Table of Development Standards). Rights -of -way, parking areas, private patios, and
private yards shall not count toward the perimeter landscaping requirement.
C. Common Open Area. Common open area shall meet the percent of net project area standards
specified in Section 9.50.030 (Table of Development Standards). Common open area shall consist of
passive landscaped and active recreation area. Rights -of -way, parking areas, private patios, private yards,
and slopes steeper than 20 percent shall not count toward the common open area requirement.
D. Active Recreation Area. At least 30 percent of the required common open area shall be suitable
for active recreational uses such as: swimming pool, spa, and related facilities; clubhouse; tot lot with
play equipment; court game facilities such as tennis, basketball, or racquetball; improved softball or other
playfields; or similar facilities for active recreational use. Active recreation area shall not include any
common area which is less than 15 feet wide or less than 300 sq/ft in area or which has an average slope
gradient greater than five percent.
E. Landscaping .Standards. A landscape plan shall be prepared and implemented for all affected
projects. Perimeter and common open area landscaping shall be installed and maintained in accordance
with the following standards:
1. Height of landscaping along all streets and boundaries shall comply with Section 9.60.030
(Fences and Walls).
2. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb or
other barrier at least six inches higher than the parking or vehicular area to prevent vehicular
damage to the landscaped area.
3. All landscaping shall be maintained in a neat, clean and healthy condition, including proper
pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when
necessary, and regular watering. Permanent automatic irrigation facilities shall be provided for
all landscaped areas.
9.60.250 Model Home Complexes.
A. Model Home Complex and Sales Offices. Temporary model home complexes, real estate sales
offices and related signage may be established if a minor use permit is approved in accordance with
Section 9.210.020 and the following requirements are satisfied:
1. The complex is used solely for the original sale of new homes or the first rental of apartments
60-20
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
in projects of 20 or more units.
2. The complex is located within the area of the project for which it is established. The temporary
sales office shall not be located within 100 feet of an existing dwelling unit which is not a part
of the new project.
Notwithstanding other provisions of this Code, the parcel of land on which a temporary real
estate office is established is not required to be a building site provided the parcel is precisely
described.
4. The following structures and facilities are permitted in conjunction with the establishment of a
temporary real estate office in conformance with an approved minor use permit:
a. Model homes in compliance with the zoning regulations applicable to the properties that are
being sold.
b. Garages, attached and detached, in compliance with the zoning regulations applicable to the
properties that are being sold.
c. Temporary sales office buildings or relocatable buildings.
d. Accessory buildings and structures in compliance with the zoning regulations applicable to
the properties that are being sold.
e. Recreational facilities that will become a permanent portion of the project in compliance with
the zoning regulations applicable to the properties that are being sold.
f. Permanent streets and driveways that will be part of the project after the closure of the real
estate office use.
g. Temporary children's playgrounds.
h. Temporary and permanent fencing, walks, and structural amenities.
i. Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary
for employees and guests.
j. Temporary vehicular accessways.
k. Temporary landscaping.
B. Signs. Signs in connection with a temporary model home complex shall be permitted within a
project subject to the following requirements:
1. Project identification signs are permitted at each street entrance and shall conform to the
60-21
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
provisions of Section 9.160.070 (Permitted Semi -Permanent Signs):
a. Sign area: maximum 32 sq.ft. per sign and 64 sq.ft. aggregate per project.
b. Height: maximum ten feet.
2. The sign copy shall be limited to matters relating to the project within which the signs are
located.
3. Time limits for display of signs shall be concurrent with that of the permitted model home
complex.
C. Flags. Flags in connection with a temporary model home complex may be permitted within a
residential project subject to the following requirements:
1. Number. A maximum of eight flags shall be permitted. There shall be no more than one flag per
pole.
2. Height. Flag poles shall be a maximum of 20 feet in height on the perimeter of the project and
16 feet in height in the interior. Pole heights shall be measured from finish grade at the nearest
project perimeter.
3. Pole Diameter. Pole diameter shall be determined by the lateral load and size of the flag. The
Director shall provide applicants with diameter standards.
4. .Size. Flags shall be a maximum of 18 square feet in area on the perimeter of the project and 12
square feet in the interior.
5. Rigid Flags. Rigid flags, secured on more than one side, are prohibited.
6. Flag Copy. Flag copy is prohibited.
7. Color. Flags may vary in color or have multiple colors but fluorescent colors are prohibited.
8. 77me Periods. Flags shall be approved by the Director for an initial six-month period. The
Director shall review the installed flags prior to the end of that period. If the Director determines
that all standards and conditions have been met and that all flags have been properly maintained,
the Director may grant a time extension for an additional six months. If no such extension is
approved, all flags must be removed upon expiration of the initial six months.
D. Prohibited Advertising Devices. The following advertising devices or activities are expressly
prohibited within or outside the project: banners, balloons, portable trailer signs, or human indicators,
and in compliance with Chapter 9.160 (Signs).
E. Requirements for Approval. Any approving action shall include those conditions and
requirements deemed by the decision -making authority to be necessary or advisable to protect the public
60-22
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
provide at least 33 percent of the total units to persons and families of low or moderate income
as defined in Section 50093 of the Health and Safety Code or 15 percent to lower income
households as defined in Section 50079.5 of the Health and Safety Code and agrees to pay the
reasonably necessary administrative costs incurred by the City in the processing of the
conversion, the City may, through approval of a conditional use permit, either: (a) grant a
density bonus, or (b) provide other incentives of equivalent financial value. However, nothing
in this Section shall be construed to require the City to approve a proposal to convert
apartments to condominiums.
2. Equivalent Financial Value. For purposes of this Section "other incentives of equivalent
financial value" shall not be construed to require the City to provide cash transfer payments or
other monetary compensation but may include the reduction or waiver of requirements which
the City might otherwise apply as conditions of conversion approval under the procedures of
Section 9.60.260 of this Code.
3. Conditions of Approval. The City may place such reasonable conditions on the granting of a
density bonus or other incentives of equivalent financial value as it finds appropriate
4. Ineligiblity. An applicant shall be ineligible for a density bonus or other incentives under this
Section if the apartments proposed for conversion constitute a housing development for which
a density bonus or other incentives were provided under Paragraphs B. and C. of this Section.
5. Procedures. Procedures for review of condominium conversions with affordable units shall be
as set forth in Section 9.60.260 as well as Paragraph D. of this Section.
9. 60.286 Bed and Breakfast Regulations
A. Purpose. The City Council finds that bed and breakfast facilities constitute small
commercial lodging facilities in residential districts. This requires special regulations that are not
normally covered by standards for motels and hotels.
B. Definitions. For the purposes of this Section, the following definitions shall apply:
1. "Bed and Breakfast"means a residential dwelling occupied by a resident, person or family,
containing individual living quarters occupied on a transient basis for compensation and
in which a breakfast may be provided to guests. The breakfast provided shall not constitute
a restaurant operation and may not be provided to persons other than guests of the Inn.
2. "Transient"means boarding or lodging shall be limited to a maximum of fourteen days.
C. Limits on Occupancy.
1. The Bed and Breakfast shall be conducted only by a person owning the dwelling and
residing therein as their principle place of residence The use permit shall be voided upon
the sale or transfer of the property ownership.
60-28
9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS
2. The Bed and Breakfast shall accommodate a maximum of eight guests in four rooms
D. Where Permitted
1. Bed and Breakfasts are permitted subject to approval of a conditional use permit only in
residential zoning districts
E Development Standards.
1. Individual units shall not contain cooking facilities.
2. Parking shall be provided on -site, in accordance with Chapter 9.150: Parking.
3. No change in the outside structure is permitted and any change inside must be convertible
to the original residential use. A minimum of 100 square feet is required for the sleeping
room and not more than 25% of the structure can be used for rentals.
4. Landscaping may be required to screen parking areas from the view of adjacent properties
and from public/private streets.
S. Locating another bed and breakfast use within 300' is prohibited
6. Signs shall not exceed two square feet attached to the house
F. Required Findings. In addition to the requirements for findings of fact as established by
California law or other provisions of this Code, the approval of a conditional use permit for
a Bed and Breakfast shall require the following additional findings:
1. The property is physically suitable for use as a Bed and Breakfast facility; and
2. The use of the property as a Bed and Breakfast will not cause an undue burden on adjacent
and nearby property owners.
G. Transient Occupancy Tax. Bed and Breakfast facilities shall be subject to all applicable
provisions of Chapter 3.24 of the Municipal Code.
9.60.28P i Timeshare Regulations.
A. Purpose. The City Council finds that timeshare facilities constitute a commercial hotel use. Due
to the mixed method of operation, hybrid ownership, the potential generation of large numbers of people
and vehicles, and the potential impact on the tourism -related facilities in the City, special development
criteria are warranted. Also, this Section is intended to establish criteria by which timeshare facilities will
function as hotels/motels. Any conversion of an existing facility to timeshare use will be required to meet
the same standards as new facilities.
60-29
CHAPTER 9.80: NONRESIDENTIAL PERMITTED USES
Sections:
9.80.010 Development Permits Required .............. 80-1
9.80.020 Residential Uses in NR Overlay District ....... 80-1
9.80.030 Residential Uses Outside NR Overlay ......... 80-1
9.80.040 Table of Permitted Uses .................... 80-2
9.80.010 Development Permits Required.
Table 801 of this Chapter specifies whether a land use or structure is permitted within a zoning
district. However, in most cases development to establish a use also requires approval of a site
development permit and/or other permits as set forth in Chapter 9.210. In addition, per General Plan
Policy 2-3.1.9, approval of a specific plan is required for any development or land division in the CR
district.
9.80.020 Residential Uses in NR Overlay District.
In accordance with General Plan Policy 2-3.1.4, no residential uses shall be established within the
NR Nonresidential Overlay portion of the CR Regional Commercial district except for incidental
residential uses which:
1. Are incorporated into a project site which is 20 acres or more in size;
2. Are a part of a larger mixed use project with predominantly nonresidential uses;
3. Are no more than 20 percent of the total project square footage;
4. Are well integrated into the larger development, i.e. not a separate use;
5. Serve a legitimate necessary purpose for the development such as employee housing;
6. Have at least 50 percent of the units in the affordable category, as defined in the General Plan
Housing Element; and
7. Are approved by the City as an integral part of the overall mixed use project.
9.80.030 Residential Uses Outside NR Overlay.
In accordance with General Plan Policies 2-3.1.6 through 2-3.1.8, townhome and multifamily
residential uses may be established in the CR District outside the NR Nonresidential Overlay as part of
mixed use projects. Such projects may have up to a proportion of 100 percent residential. The following
requirements shall apply:
1. A specific plan shall be approved and the project shall conform to the RSP Residential Specific
Plan standards of Sec. 9.30.0% 80 with regard to common open area and perimeter landscaping.
2. A minimum of 15 percent of the dwelling units are provided in the affordable "low" and/or "very
low" income category per Section 9.60.290 70.
3. Project sites of less than 20 acres shall be single -use, either all residential or all nonresidential.
80-1
9.80: PERMITTED NONRESIDENTIAL USES
9.80.040 Table of Permitted Uses.
A. Uses and .Structures Permitted. Table 801: "Permitted Uses in Nonresidential Districts",
following, specifies those uses and structures which are permitted within each nonresidential district. The
letters in the columns beneath the district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A" • Permitted only if accessory to the principal use on the site.
3. "C". Permitted as a principal or accessory use if a conditional use permit is approved.
4. "W : Permitted if a minor use permit is approved.
5. "T" : Permitted as a temporary use only.
6. "X": Prohibited in the district.
B. Uses Not Listed in Table. Land uses which are not listed in Table 801 are not permitted unless
the Community Development Director or the Planning Commission determines that such use is within
one of the permitted use categories listed preceding (e.g. principal use, conditional use, etc.) in
accordance with Section 9.20.040.
TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS
DISTRICT
P = Principal Use M = Minor Use Permit
A = Accessory Use T = Temporary Use Permit
C= Conditional Use Permit X= Prohibited Use
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LAND USE
CR
CP
CC
CN
CT
CO
MC
Retail Uses
Retail stores under 10,000 s /ft floor area per business
P
A
P
P
A
A
X
Retail stores', 10,000-50,000 s /ft floor area
P
X
I P
P
X
X
X
Retail stores', over 50,000 s /ft floor area
C
X
C
X
X
X
X
Food, liquor, and convenience stores under 10,000 sq/ft
P
A
P
P
A
A
X
floor area, open less than 18 hours/da
Food, liquor, and convenience stores under 10,000 sq/ft
C
X
C
C
C
X
X
floor area, open 18 or more hours/da
' Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry,
sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber
yards), and similar retail items.
With no consumption of alcohol on the premises.
80-2
9.80: PERMITTED NONRESIDENTIAL USES
TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS
P = Principal Use M = Minor Use Permit
A= AccessoryUse T= Temporary Use Permit
C = Conditional Use Permit X = Prohibited Use
DISTRICT
,4
a 0
d
��
g u
f
z
s
r. d
u
LAND USE
CR
CP
CC
CN
CT
CO
MC
Plant nurseries and garden supply stores, with no
propagation of plants on the premises, subject to
§9.100.120 (Outdoor Storage and Display)
C
X
C
C
X
X
X
Showroom/catalog stores, without substantial onsite
inventory
P
P
P
X
X
X
X
General Services
Barber shops, beauty, nail and tanning salons and similar
uses
P
A
P
P
P
A
X
Miscellaneous services such as travel services, photo
developing, videotape rentals, shoe repair, appliance repair,
and similar uses
P
A
P
P
P
A
X
Laundromats and dry cleaners -- except central cleaning
plants
P
X
P
P
P
X
X
Printing, blueprinting and copy services
P
P
P
P
P
P
X
Pet grooming -- without overnight boarding
P
X
P
P
P
X
X
Office Uses and Health Services
Banks
P
X
P
P
P
P
X
General and professional offices
P
X
I P
P
P
P
C
Medical offices -- physicians, dentists, optometrists,
chiropractors, and similar practitioners
P
X
P
P
P
P
X
Medical centers/elinies -- four or more offices in one
building
P
X
P
C
X
P
X
Sur icenters/Medical Clinics
P
X
P
I -XC
X
P
X
Hospitals
C
X
X
X
X
X
C
Convalescent hospitals
C
X
C
X
X
X
I C
80-3
9.80: PERMITTED NONRESIDENTIAL USES
TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS
P = Principal Use M = Minor Use Permit
A= Accessory Use T=Temporary Use Permit
C = Conditional Use Permit X = Prohibited Uses'
DISTRICT
d
al
u
d
a
c y
SA
LAND USE
CIt
CP
CC
CN
CT
CO
MC
Veterinary clinics/animal hospitals, and pet boarding
(indoor only)
C
C
C
NC
X
X
X
Dining, Drinking, and Entertainment Uses
Restaurants, other than drive-thru
P
A
P
P
P
A
A
Restaurants, drive-thru
P
A
P
X
P
A
X
Restaurants, counter take-out with ancillary seating, such as
yogurt, ice cream, pastry shops, and similar
P
P
P
P
P
P
A
Bars, taverns, and cocktail lounges
C
C I
C
X
C
C
X
Dancing or live entertainment as a principal use
C
X I
C
X
C
X
X
Dancing or live entertainment as an accessory use
A
X
C
C
C
C
X
Theaters, live or motion picture
C
X
C
X
C
X
X
Recreation Uses
Bowling, pool or billiard centers as a principal use
C
X
C
X
C
X
X
Pool or billiard tables as accessory use (3 tables or less)
A
A
A
A
A
A
X
Game machines, 11 or more (as either a principal or
accessory use)
C
X
C
C
C
X
X
Game machines as an accessory use, ten or fewer machines
A
A
A
A
A
A
X
Golf courses and country clubs (see GC District permitted
uses, Chapter 9.120)
X
A
X
X
C
A
X
Tennis clubs or complexes
C
A
C
X
X
A
C
Health clubs, martial arts studios, and dance studios, 5000
s /ft floor area or less
M
M
M
M
M
M
A
Health clubs, martial arts studios, and dance studios, over
5000 s /ft floor area
C
C
C
C
C
C
X
Libraries museums
P
X
P
C
I P
I P
P
9.80: PERMITTED NONRESIDENTIAL USES
TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS
P = Principal Use M = Minor Use Permit
A= Accessory Use T= Temporary Use Permit
C = Conditional Use Permit X = Prohibited Use
DISTRICT
u
51
U u
$
2a e
O s
z
o
U
C
GJ
u
LAND USE
CR
CP
CC
CN
CT
CO
MC
Museum or gallery displaying sculpture, artwork, or
crafts, including schools or above
P
P
P
P
P
P
P
Parks, unlighted playfields, and open sace
P
P
P
P
P
P
P
Lighted playfields
X
X
X
X
X
X
C
Bicycle, equestrian and hiking trails
P
P
P
P
P
P
P
Indoor pistol or rifle ranges
X
C
X I
X
X
X
X
Miniaturegolf/recreation centers
C
X
X
X
C
X
X
Assembly Uses
Lodges, union halls, social clubs and senior citizen centers
C
C
C
C
X
X
C
Churches, temples and other places of worship
C
C
C
C
X
C
X
Mortuaries and funeral homes
C
C
C
X
X
X
X
Public and Semi -Public Uses
Fire stations
P
P
P
P
X
P
P
Government offices and police stations
P
P
P
P
P
P
P
Communication towers and equipment, subject to Chapter
9.170
C
C
C
C
C
C
C
Electrical substations
M
M
M
X
X
X
M
Water wells and pumping stations
M
M
M
X
X
X
M
Reservoirs and water tanks
X
X
X
X
X
X
M
Public flood control facilities and devices
P
P
P
P
P
P
P
Colleges and universities
C
X
X
X
X
X
C
Vocational schools, e.g. barber, beauty and similar
C
C
C
X
X
C
C
Private elementary, intermediate and high schools
C
C
C
C
C
C
C
80-5
9.80: PERMITTED NONRESIDENT14L USES
TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS
P = Principal Use M = Minor Use Peru
A = Accessory Use T = Temporary Use Permit
C = Conditional Use Permit X = Prohibited Use
DISTRICT
A.3
a t
°"
o
c
LAND USE
CR
CP.
CC
CN
CT
CO.
MC
Private swim schools
C
C
C
X
C
X
C
Train, bus and taxi stations
C
X
C
X
C
X
C
Helicopter pads
X
X
X
X
C
X
C
Public or private kennels and animal shelters (with indoor or
outdoor pet boarding)
X
C
X
X
X
X
C
Residential, Lodging, and Child Care Uses
Townhome and Multifamily dwellings as a primary use
C*
X
X
X
X
X
X
*If part of a mixed use project per § 9.80.020 or 9.80.030
Residential as an accessory use, e.g. caretaker residences
per §9.100.160
C
C
C
C
C
C
C
Child day care facilities, centers and preschools as a
principal use, subj. to §9.100.250 (also see Accessory Uses)
C
C
C
C
X
C
C
Senior group housing, subject to §9.100.260
C
I X
X
X
X
X
X
Rooming and boarding houses
C
I X
X
X
X
X
X
Single room occupancy (SRO) hotels, sub'. to 9.100.270
C
X
X
X
X
X
X
Emergency shelters
P
P
P
P
P
P
P
Transitional shelters for homeless persons or victims of
domestic abuse
C
X
X
X
X
X
C
Mixed-useprojects: residential and office/commercial
C
X
X
C
X
X
X
Hotels and motels
C
X
C
X
C
X
X
Timeshare facilities, subject to 9.60.280
C
X
C
X
C
X
X
Bed and breakfast inns
X
X
EX
EX
X
X
Caretaker residences
M
MM
MM
M
M
M
:1 •
9.80: PERMITTED NONRESIDENTIAL USES
TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS
P = Principal Use M = Minor Use Permit
A=Accessory Use T=Temporary Use Permit
C= Conditional Use Permit X= Prohibited Use
DISTRICT
E
U
s
U
'R-43
a
UUU�
J a
60
H
U
00
U
y
u
LAND USE
CR
CP
CC
CN
CT
CO.MC
Automotive Uses
subject to §9.100.120, Outdoor Storage and Display)
Automobile service stations, with or without minimart
C
C
C
C
X
X
X
Car washes
C
C
C
X
X
X
X
Auto body repair and painting; transmission repair
X
C
X
X
X
X
X
Auto repair specialty shops, providing minor auto
maintenance: tire sales/service, muffler, brake, Tube and
tune-up svcs -- not including major engine or drivetrain
repair
C
C
C
X
X
X
X
Auto and motorcycle sales and rentals
C
C
X
X
X
X
X
Truck, recreation vehicle, and boat sales
C
C
X
X
X
X
X
Truck and/or equipment rentals
C
C
X
X
X
X
X
Auto parts stores, with no repair or parts installation on the
remises
P
P
P
C
X
X
X
Auto or truck storage yards, not including dismantling
X
I C
X
X
X
X
X
Private parking lots/garages as a principal use subject to
Chapter 9.150, Parkin
C
C
C
X
C
C
X
Warehousing and Heavy Commercial Uses
subject to §9.100.120, Outdoor Storage and Display)
Wholesaling/distribution centers, with no sales to consumers
C
P
X
X
X
X
X
General warehouses, with no sales to consumers
C
P
X
X
X
X
X
Mini-stora c warehouses
X
P
X
X
X
X
X
Lumber yards, outdoor (see retail stores for indoor lumber
sales)
X
C
X
X
X
X
X
Pest control services
C
C
I X
X
X
X
I X
80-7
9.80: PERMITTED NONRESIDENTIAL USES
TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS
P = Principal Use M = Minor Use Permit
A =Accessory Use T = Temporary Use Permit
C = Conditional Use Permit X = Prohibited Use
DISTRICT
U
U
_
UUU
3
v
c
U
o
U
��-
�,,
t"'
LAND USE
CR
CP.
CC
CN
CT
CO
MC
Plumbing repair shops
C
P
X
X
X
X
X
Contractor, public utility and similar equipment/storage
yards
C
C
X
X
X
X
C
Central cleaning or laundry plants
C
C
C
X
X
X
X
Communication or relay facilities/antennas as primary use
C
C
C
C
C
C
C
Industrial and Research Uses
Indoor manufacture and assembly of components or finished
products from materials such as cloth, fiber, fur, glass,
leather, stone, paper (except milling), plastics, metal, and
wood
X
P
X
X
X
X
X
Research and development
P
P
X
X
X
X
X
Recording studios
P
P
X
X
X
X
X
Bottling plants
X
P
X
X
X
X
X
Sign making, except sandblasting
P
P
X
X
X
X
X
Sign making, including sandblasting
X
P
X
X
X
X
X
Recycling centers as a primary use, collection and sorting
only, subject to §9.100.190
X
C
X
X
X
X
C
Offsite hazardous waste facilities, subject to §9.100.230
X
C
X
X
X
X
X
Accessory Uses and Structures
Portable outdoor vending uses (such as flower stands,
hotdog stands, etc.), subject to §9.100.100
M
M
M
M
M
M
M
Swimming pools as an accessory use
M
M
M
X
A
M
A
Golf or tennis facilities as an accessory use
M
M
M
X
A
M
A
Signs, subject to Chapter 9.160
A
A
A
A
A
A
A
Fences and walls subject to 9.100.030
A
A
A
A
A
A
A
9.80: PERMITTED NONRESIDENTIAL USES
TABLE 801: PERMITTED USES IN NONRESIDENTIAL DISTRICTS
P = Principal Use M = Minor Use Permit
A= Accessory Use T=Temporary Use Permit
C = Conditional Use Permit X = Prohibited Use
DISTRICT
.� E6
a
� t
P.
e t
B r
I
IN
e o
R
LAND USE
CR
CP
CC
CN
CT
CO
MC
Antennas and satellite dishes, subject to §9.100.070
A
A
A
A
A
A
A
Reverse vending machines subject to 9.100.190
A
A
A
A
X
X
A
Recycling dro off bins, subject to §9.100.190
M
A
M
M
X
X
A
Incidental products or services for employees or businesses,
such as child day care, cafeterias, and business support uses
A
A
A
A
A
A
A
Other accessory uses and structures which are customarily
associated with and subordinate to the principal use on the
premises and are consistent with the purpose and intent of
the zoning district, as determined by the Director.
A
A
A
A
A
A
A
Temporary Uses
Christmas tree sales, subject to 9.100.080
T
T
T
T
X
X
T
Halloween pumpkin sales, subject to §9.100.090
T
T
T
T
X
X
T
Stands selling fresh produce in season, subj. to § 9.100.100
T
T
T
T
X
X
T
Sidewalk sales, subject to §9.100.130
T
T
T
T
T
T
X
Temporary outdoor events, subject to §9.100.140
T
T
T
T
T
T
T
Construction and guard offices, subject to §9.100.170
T
T
T
T
T
T
T
Use of relocatable building, subject to §9.100.180
T
T
T
T
T
T
T
Other Uses
Fortune telling and palmistry
C
X
C
X
X
X
X
Sexually -oriented businesses, subject to §9.100.080*
C
X
X
X
X
X
X
* Property must also be located within the SOB (Sexually Oriented Business) overlay district.
Other uses not listed in this Table.
Per §9.20.040, Director or Planning
Commission to determine whether use is
permitted,
o- •
CHAPTER 9.90: NONRESIDENTIAL DEVELOPMENT STANDARDS
Sections:
9.90.010
Maximum Building Height ..................
90-1
9.90.020
Roof Projections ..........................
90-1
9.90.030
Wall Projections ..........................
90-2
9.90.040
Table of Development Standards ............
90-2
9.90.050
Illustration of Development Standards .......
90-4
9.90.060
Irregular Lots ............................
90-5
9.90.070
Setbacks from Surface Easements ...........
90-5
9.90.010 Maximum Building Height.
For purposes of this Code, the maximum height of buildings and other structures shall be
defined as the vertical distance from finish grade to an imaginary plane above the building site. The
imaginary plane shall be established above and parallel to the finish grade adjacent to the exterior
walls at a vertical distance equal to the specified maximum height. This definition is illustrated
below:
STRUCTURE MAY NOT PENETRATE IMAGINARY PLANE
I
II
I
I Max
I Height
�i II
II
Max. --
Height Walls--
de kTouO
Extatiot
I F\n\sh Gta
Figure 901: Measurement of Building Height
9.90.020 Roof Projections.
A. Encroachments Permitted. Notwithstanding Figure 901 preceding, architectural features not
containing usable floor space, such as chim
15 feet above the maximum structure height set forth in Table 901 following if approved as part of
a site development or other permit. The aggregate floor or "footprint" area of such architectural
features shall encompass no more than ten percent of the ground floor area of the structure
B. Antennas. Satellite dish or other antennas shall not extend above the maximum structure
height specified in Table 901 (see Chapter 9.170 for other antenna regulations).
90-1
9.90: NONRESIDENTIAL DEVELOPMENT .STANDARDS
9.90.030 Wall Projections.
A. Permitted Encroachments. Roof overhangs, chimneys, awnings and canopies may encroach
a maximum of three feet into any of the required setbacks specified in Table 901 following provided
such projections do not extend over the property line.
B. Prohibited Encroachments. Seating windows, balconies, exterior stairways, and similar
features shall not encroach into required setbacks.
9.90.040 Table of Development Standards.
Table 901 following and the illustrations in Section 9.90.050 set forth standards for the
development of property within nonresidential districts. Notwithstanding Table 901, different
standards shall apply if special zoning symbols, describe
Official Zoning Map.
90-2
9. 90. NONRESIDENTIAL DEVELOPMENT STANDARDS
TABLE 901 o NONRESIDENTIAL DEVELOPMENT STANDARDS
DISTRICT
DEVELOPMENT STANDARD
CR$
CP
CC
CN
CT
CO
MC
Min.- Max. Building Site (acres)
n/a
n/a
n/a
1-20
n/a
n/a
n/a
Max. Structure Height (ft.)' 6
50
35
40
35
40
40
40
Max. Number of Stories
4
2
3
2
3
3
3
Max. Floor Area Ratio (FAR)2
.35
.50
.30
.25
.25
.30
n/a
From Highway I I I Right -of-
501
501
50/
n/a
n/a
n/a
n/a
Way'
50
50
50
From all Primary Image Corridor'
Rights -of -Way' (except Hwy
30/
30/
30/
30/
30/
30/
30/
111) and from all Major and
20
20
20
20
20
20
20
Primary Arterials
Perimeter
From all other Perimeter Street
20/
20/
20/
20/
20/
20/
20/
Building/
Rights -of -Way'
10
10
10
10
10
10
10
Landscape
From residential districts and PR,
50/
501
50/
30/
30/
30/
30/
Setbacks
OS, & GC districts'
10
10
10
15 5
15 5
15 5
15 5
(in ft.)
From abutting con-ane. ciai mid
1$f5
+06
+66
"5
+0/5
+ft6
iW5
dis�
Min. setback from interior property lines
0
0
0
0
0
0
0
within the same project
Parking and Signs
See Chapters 9.150 and 9.160
Fences and Walls
See Section 9.100.030
Landscaping and Screening
See Sections 9.100.040 and 9.100.050
* Specific plan approval required for development or land division in the CR district.
' All min. perimeter setbacks shall be increased 1 foot for every foot in height that bldg. is above 35'.
PAR means the gross floor area of all buildings divided by the building site area.
' The following are applicable Primary Image Corridors as identified in the General Plan: Washington
Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to
Washington St.)
' Landscape setback shall consist of landscaped area within the building setback. Number given is
minimum landscaped setback from the street right-of-way. The remaining building setback may contain
parking, driveways, and similar facilities. In addition to above landscape setbacks, interior landscaping
shall be required as a percentage of the net project area as follows: parking areas: min. 15 percent;
nonparking areas: min. 5 percent (also see Section 9.100.050).
' For bldgs over one story in CN, CT, CO, and MC districts, setbacks shall be increased to 40/20.
6 Not including basements. Also, notwithstanding above Table, the maximum structure height = 22' for
all buildings within 150' of any General Plan-desi ted major arterial.
90-3
9.90. NONRESIDENTL4L DEVELOPMENT STANDARDS
9.90.050 Illustration of Development Standards.
FIGURE 902:
DEVELOPMENT STANDARDS FOR NONRESIDENTIAL DISTRICTS
CR, CIS AND CC DISTRICTS:
Min.
Sett
Peril
R.O.%
Primary I
and Maja
Arterials
Min. 50' Building Setback
PR, OS, and GC Districts
INTERIOR LANDSCAPING REQUIRED IN ALL DISTRICTS (in aMMon
to Iendsome setbacks) AS A PERCENT OF NET PROJECT AREA:
WITHIN PARKING AREAS: 16%
WRHIN NON~KING AREAS:5%
Max. FAR's:
CR=.35
CP=.50
CC = .30
Mi . 30' Building
Letb ck from Primary
nag Corridors (other
th Highway 111)
and alor or Primary
Max. FAR's:
CN, CT, CO, AND MC DISTRICTS: CTT C= .= . 5
25
CO = .30
(MC: n/a)
Proled Boun
Min. 20' Buiidin
Setback from a
1
Perimeter Stre
R.O.W.'s (other n
Primary Image Co ors
M . 30' Building
and Major or Prime
7
Setb k from Primary
Sol
Arterials)
Y £
Imag Corridors (other
a
°:
th Highway 111)
N
and Major or Primary
b m
c
A
Min. 30' Building
Setback from Residential,
PR, OS, and GC Districts ,
(40' for bidgs. over one story)
90-4
9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS
2. For purposes of this Code, "point of intersection" shall mean the intersection of the
prolongation of the right-of-way lines, excluding any curved portion joining the two lines.
3. The height restrictions of this Subsection shall apply to fences, walls, trees, shrubs,
vegetation, or any other material which obstructs or may obstruct visibility.
E. Nonconforming Fences. Any fence which does not meet the standards of this Section but which
was legally established prior to the adoption of these standards may be maintained provided such fence
is not expanded or its non-conformance with these standards otherwise increased. Any fence which is
destroyed or damaged to the extent of more than 50 percent of its total replacement value shall not be
repaired, rebuilt, or reconstructed except in conformance with the standards of this Section.
9.100.040 Landscaping.
A. Landvcape Plans. A landscape and irrigation plan shall be prepared and implemented for all
development projects. Landscaping shall consist primarily of trees, shrubs, vines, groundcover, inert
materials, or any combination thereof.
B. Landscaping Standards. Landscaping shall be installed and maintained in accordance with the
following standards:
In addition to the perimeter landscape setbacks required per Section 9.90.040, interior
landscaping shall be provided as follows:
a. Landscaping equal to 15 percent of the net project area shall be provided within parking
areas. Parking area landscaping shall be in accordance with the requirements of Section
9. 1 50.080 (Parking Facility Design Standards).
b. Landscaping equal to five percent of the net project area to be provided within nonparking
areas, such as next to buildings. Totally enclosed uses within the Commercial Park
District are exempt such as storage facilities.
c. Perimeter landscape setbacks shall not be credited toward the interior landscaping
requirement.
2. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at
least six inches higher than the parking or vehicular area to prevent damage to the landscaped
area.
3. Permanent automatic irrigation facilities shall be provided for all landscaped areas.
4. All landscaping shall be maintained in a neat, clean and healthy condition at all times, including
100-3
9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS
b. Solid Fences. Solid fences may be used for screening if approved by the decision -making
authority. Such fences shall be constructed of wood or other materials with a minimum
nominal thickness of two inches and shall form an opaque screen. All wood fencing shall be
constructed of not less than a grade of construction heart or merchantable and better
redwood or #2 and better (no holes) western red cedar, stained or painted to match or
complement the adjacent wall or structure. Alternatively, if left in natural color, all wood
shall be treated with a water -repellant material.
c. Berms. Landscaped berms (earthen mounds) shall not be more than 20 feet in width at the
base.
d. Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen
plants. Such planting shall be of a kind or used in such a manner so as to provide screening
with a minimum thickness of two feet within 18 months after initial installation. Permanent
automatic irrigation shall be provided. If, 18 months after installation, plant materials have
riot formed an opaque screen or if an opaque screen is not maintained, the Community
Development Director may require that a wall, solid fence, or berms be installed.
8. Signs. No signs or sign supports except those specified in the offstreet parking regulations shall
be permitted on any required screening.
9.100.060 Detached Accessory Structures.
A. Permitted Accessory Structures. Detached accessory structures are permitted on nonresidential
parcels containing a primary use subject to the following requirements:
1. Foundation. Accessory structures shall be placed on a permanent foundation.
2. Height and Placement. Except as specified in Subsection A.2. of this Section, detached
accessory structures may be placed or constructed only where main buildings are permitted and
shall not exceed 12 feet in height.
3. Setback Reductions. W
—,vffwe--m. industrial
property fb. a detached Detached accessory structure may shall be educed to five feet if the
strttetare isscreenedfrom both street and public parking area views, subject to the following
requirements:
a. Height. The height limit for buildings which are less than ten feet from the property line shall
be ten feet.
b..Screening. Screening materials shall be not less than six feet high and shall be in compliance
with Section 9.100.030 (Fences and Walls). Screening may consist of one or more of the
following:
100-6
9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS
1. 'The facility shall not be established prior to October 1 of any calendar year.
2. Such a facility shall not engage in the sale of any merchandise not directly associated with
pumpkins and Halloween decorations.
3. The applicant shall secure an electrical permit.
4. The facility shall be removed and the premises shall be cleared of all debris and restored to the
condition existing prior to the establishment of the facility by the November 14 following the
applicable Halloween holiday. A cash bond or other guarantee shall be posted prior to
establishment of the facility to ensure cleanup.
5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire
Marshal.
6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director.
7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32
square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, are
prohibited.
9.100.100 Produce and Flower Stands.
Temporary fresh produce and flower stands are permitted subject to approval of a temporary use
permit and the following requirements:
1. A fresh produce sales facility shall be open for business only during the season when locally
grown produce and flowers within the Coachella Valley are harvested and available for sale.
The temporary use permit for a fresh produce stand shall include permitted dates of operation,
up to a maximum of 90 days.
2. Such a facility may not sell items not directly associated with fresh produce or flowers.
3. The; applicant shall secure an electrical permit if electric power is to be provided.
4. The; facility shall be removed and the premises cleared of all debris and restored to the condition
prior to the establishment of the facility by the date indicated on the temporary use permit. A
cash bond or other guarantee shall be posted prior to establishment of the facility to ensure
cleanup.
Each facility shall comply with fire prevention standards as approved and enforced by the Fire
Marshal.
100-9
9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS
and restoration of the activity site within seven days of the conclusion of the event.
6. The application shall be reviewed by the Fire Marshal and the event shall comply with fire
prevention standards and emergency access requirements as approved and enforced by the Fire
Marshal.
7. Temporary signs may be permitted subject to the provisions of Section 9.160.060(Permitted
Temporary Signs).
9.100.140 'Temporary Outdoor Events.
Temporary outdoor events include, but are not limited to pageants, fairs, carnivals, large athletic,
religious or entertainment events, and large neighborhood or community gatherings in temporary
facilities. Such activities may be permitted in compliance with the following provisions:
1. A temporary use permit shall be approved by the Community Development Director for gather-
ings of 50 to 300 people. The temporary use permit shall be approved by the Planning
Commission as a business item for gatherings of 300 people or more. (Number of persons shall
include spectators and participants.)
2. Applications for permits or certificates required by this Section shall be referred by the
Community Development Director to other affected City departments or other public agencies
for review and comment.
3. The following findings shall be made by the decision -making authority in conjunction with
approval of a temporary use permit:
a. The event will not be detrimental to the health, safety and general welfare of the community
in the area of the proposed event.
b. There is adequate area to conduct the event and to accommodate the anticipated attendance.
c. Sufficient parking will be provided for the anticipated attendance.
d. Food service operations, medical facilities, solid waste facilities, sewage disposal methods
and potable water service have been provided. (Approval by the health officer may be
required.)
e. 'Fire protection plans and facilities have been provided to the satisfaction of the Fire Marshal.
f. Security plans and facilities have been provided to the satisfaction of the Sheriff.
g. Public roadways providing access to the event are capable of accommodating the anticipated
100-13
9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS
g. Public roadways providing access to the event are capable of accommodating the
anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local
traffic circulation.
4. Activities conducted on property owned by or leased to the city and public road rights -of -way
may require an encroachment permit issued by the Public Works Director.
The event shall not exceed ten consecutive days. Events recurring more than four times in a
calendar year are not considered temporary and shall not be eligible for approval under this
Section.
6. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration
of the activity site to its condition before the event within seven days of the event's conclusion
shall be required.
7. Other applicable permits such as building, electrical, health and tent permits, shall be obtained
by the applicant.
8. Signs for the event shall be allowed as follows:
a. Maximum of one temporary banner per street frontage, not to exceed 32 sq.ft.
b. Maximum one temporary portable sign on- or off -site on private property, not to exceed 55
sq.ft.
Maximum 30 off -site temporary directional signs, 9 square feet in area, subject to the
provisions of Section 9.160.060, Paragraphs C through H with the exception of Paragraph
l�.
d. Maximum 15 bunting signs, with maximum size to be approved by the Director of
Community Development.
e. Posting period, locations, and related details shall be as approved in the temporary use
permit for the event.
f. Other signs and advertising devices, such as pennants, flags, A -frame signs, are prohibited.
9.100.150 Outdoor Lighting.
A. Purpose. This Section is intended to provide standards for outdoor lighting which allow
adequate energy efficient lighting for public safety while minimizing adverse effects of lighting, such
as lighting which:
100-15
9.100: SUPPLEMENTAL NONRESIDEWW REGULATIONS
4. .4ppeal for Temporary Exemption. The Building Official, within five days from the date of the
properly completed request for temporary exemption, shall approve or reject in writing the
request. If rejected, the individual making the request shall have the right to appeal to the
Plamning Commission for review pursuant to the procedures applicable to any other appeal of
a decision of the Building Official.
Extension of Temporary Exemption. Any individual requesting a temporary exemption for a
period greater than thirty days, or an extension beyond the original thirty day period for a
temporary exemption shall apply for a minor use permit to the Planning Commission and City
Council. The conditional use permit application shall contain (in addition to other use permit
requirements) the information specified in Subsections F.1. through F.3. of this Section.
K. Pubdic Nuisance. Any light fixture installed after the effective date of this Zoning Code which
violates the provisions of this Section constitutes a public nuisance and shall be abated.
L. Premises Identification.
1. Street numbers or addresses assigned by the City or the County shall be provided for all new
buildings in such a position as to be plainly visible and legible from the street or road fronting
the property.
2. All dwelling units shall have a wall mounted internally or externally illuminated address sign
displayed in a prominent location. The illumination source for the address sign shall be
controlled by a photocell sensor or a timer. As an option, the address sign may be attached to
a single -residence mail box pedestal with the same illumination source as stated above. If this
option is chosen, both sides of the mailbox shall have said address numbers displayed.
9.100.160 Caretaker Residences.
Caretaker residences may be developed in any nonresidential district for the exclusive use of
personnel employed for the maintenance and security of the principal use subject to the approval of a
minor use permit per to Section 9.210.020 and the following standards:
1. The; caretaker residence shall be located in a building which complies with all building setbacks
established for the district in which it is located.
2. The residence shall be no more thai a minimum of 600 square feet in floor area.
3. The residence may be a portion of a building primarily devoted to nonresidential uses or may
be a separate building. If it is a separate building, the location, design and materials of the
residence shall be consistent and integral with the site plan and building design for the principal
use.
100-20
CHAPTER 9.120 SPECIAL PURPOSE PERMITTED USES
Sections:
9.120.010 Development Permits Required ................... 120-1
9.120.020 Table of Permitted Uses ........................ 120-1
9.120.010 Development Permits Required.
Table 1201 of this Section specifies whether a use or structure is permitted within a zoning district.
However, in most cases development to establish a land use requires approval of a site development
permit and/or other permits as set forth in Chapter 9.210.
9.120.020 'fable of Permitted Uses.
Table 1201, "Permitted Uses in Special Purpose Districts", following, specifies those uses and
structures which are permitted within each special purpose district. The letters in the columns beneath
the district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A'': Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use permit is approved.
4. "T": Permitted on a temporary basis if a temporary use permit is approved.
5. "V: Prohibited in the district.
TABLE 1201: PERMITTED USES IN SPECIAL PURPOSE DISTRICTS
DISTRICT
P =Permitted Use C =Conditional Use Permit
A= Accessory Use T= Temporary Use Permit
X = Prohibited Use
9b
a,
x
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4�
a"�
o3
a
s
xUo
a
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1 d
w
LAND USE
PR
GC
OS
FP
HC*
SOBtEO*D*
Open Space and Recreational Uses
Open space
P
P
P
P
P
PPublicharks
lakes and assive recreation facilities
P
X
P
P
P
X
Plavfields. lighted or unlighted
P
X
X
X
X
X
**
Bicycle, equestrian and hiking trails
P
X
P
P
P
P
**
Libraries and museums
C
X
X
X
C
X
**
Visitor centers
C
X
C
C
C
X
**
'k Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140.
As pennittcd in the underIving base district and in Section 9.140.060.
120-1
9.120: SPECIAL PURPOSE PERMITTED USES
TABLE 1201: PERMITTED USES IN SPECIAL PURPOSE DISTRICTS
DISTRICT
Y
0.0
x
G R
o
•�
8
„s
= d
w m C
UV
,
a a
d C
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S[
�y a�♦•
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P = Permitted Use C = Conditional Use Permit
A = Accessory Use T = Temporary Use Permit
X = Prohibited Use
LAND USE
PR
GC
OS
FP
HC*
SOB*
EOD*
Clubhouses and community ools/cabanas
P
A
X
X
X
X
**
Tennis courts or complexes, public
P
A
X
X
X
X
**
Tennis clubs or complexes, private
C
A
X
X
X
X
**
Golf courses and country clubs, including clubhouses
C
P
X
X
X
X
**
and other customary accessory uses.
Golf courses without above -ground structures,
C
P
X
P
C
X
**
includes; fainvays, greens, tees, andgolf-cart paths
Accessory Uses and Structures
**
Si 1s, subject to Chapter 9.160
A
A
A
A
A
A
**
Fences and walls subject to & 9.100.030
A
A
A
A
A
A
**
Satellite dish and other antennas. subject to '
A
A
A
A
A
A
**
Temporary Uses
**
Temporary outdoor events. subject to ' 9.100.040
T
T
T
I T
T
X
**
Other Uses
**
Bindle family residential
X
X
XC
X
C'
X
**
Multifamily residential, commercial (except sexually
X
X
X
X
X
X
**
oriented businesses), office, or industrial development
Sexually oriented businesses subject to 9.140.050
X
X
X
X
X
C
**
Communication towers and equipment, subject to
C
C
C
X
C'
X
**
Chapter 9.170
Electrical substations
X
1 X
M
X
M'
X
**
* Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140.
As permitted in the underlying base district and in Section 9.140.060.
Allowed only if permitted in the underlying base district and only if the additional requirements of the
HC overlav district are met (per Section 9.140.040 and a conditional use ermit is a roved.
120-2
9.120: SPECIAL, PURPOSE PERMITTED USES
TABLE 1201: PERMITTED USES IN SPECIAL PURPOSE DISTRICTS
DISTRICT
_
0
b ;
Z.:4
�U
o�
0
9��
h
xU6
,.m o
a~C
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9
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P = Permitted Use C = Conditional Use Permit
A = Accessory Use T = Temporary Use Permit
X = Prohibited Use
LAND USE
PR
GC
OS
FP
HC*
SOB*
EOD*
Water wells and pumping stations
P
P
P
P
M'
X
**
Water tanks and reservoirs
X
M
M
X
M
I X
**
Public flood control facilities and devices
P
P
P
P
P
I P
**
Other principal, accessory or temporary uses not listed
above.
Director or Planning Commission
to determine whether use is permitted in
accordance with § 9.20.040.
* Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140.
** As permitted in the underlying base district and in Section 9.140.060.
' Allowed only if permitted in the underlying base district and only if the additional requirements of the
HC overlav district are met (per Section 9.140.040) and a conditional use permit is approved.
120-3
CHAPTER 9.140 SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS
Sections:
9.140.010 Purpose and Intent .............................. 140-1
9.140.020 PR, GC, and OS Regulations ..................... 140-1
9.140.030 FP Floodplain Regulations ....................... 140-1
9.140.040 HC Hillside Conservation Regulations ............. 140-2
9.140.050 SOB Sexually Oriented Business Regulations ...... 140-11
9.140.060 EOD Equestrian Overlay Regulations ............ 140-12
9.140.010 Purpose and Intent.
The regulations of this Chapter are intended to provide standards for specialized aspects of land
use within special pu
measures, and restrictions on the location and operation of sexually oriented businesses.
9.140.020 PR, GC, and OS Regulations.
The permitted uses and development standards for the PR Parks and Recreation, GC Golf
Course, and OS Open Space districts are set forth in Chapters 9.120 and 9.130.
9.140.030 FP Floodplain Regulations.
A. AI>plicahility. The FP district shall include all areas within the City that are designated as
"Special Flood Hazard Areas Inundated by 100-Year Flood" on Flood Insurance Rate Maps (FIRM)
provided by the Federal Emergency Management Agency (FEMA). These include the "A" and "AO"
flood hazard zones. The boundaries of the FP District are as shown on the Official Zoning Map.
B. Prohibition of Construction in 1'loodivctys. Floodway areas shown on FIRM maps are
special flood hazard areas which carry high velocity flood waters, debris, and erosion potential.
Therefore, except for necessary public improvements, no fill, structures, or other development shall
be permitted within floodways.
C Rood Hazard Reduction. The following flood hazard reduction measures shall be required
of all construction permitted within the FP District
1. Impact on 100-Year Flood Elevations. New construction shall not increase the water
surface elevation of the projected 100-year flood more than one foot at any point. In
addition, new construction shall not create or exacerbate erosive velocities within special
flood hazard areas. The City may require certification by a registered professional engineer
that this requirement is satisfied.
2. Finish Floor Elevation. The finish floor elevation of the lowest floor of all new buildings
shall be at least one foot above the 100-year or base flood elevation shown on the FIRM
m,ap. If no base flood elevation is shown on the FIRM map, the City may require
certification by a registered professional engineer that the
140-1
9.140: SUPPLEMENTAL SPECIAL. PURPOSE REGULATIONS
is satisfied.
3. Anchoring. All new structures shall be anchored to prevent collapse, flotation, or lateral
movement from hydrostatic and hydrodynamic loading.
4. Water and Sewer Systems. All new and replacement water supply and sanitary sewer
systems shall be designed to minimize or eliminate infiltration of flood waters into the
system and discharge from systems into flood waters.
5. Electrical, Plumbing, and Heating Systems. All new and replacement electrical, plumbing
and heating equ
or accumulating within the components during conditions of flooding.
6. Drainage. On slopes, adequate drainage paths shall be provided to guide floodwaters
around and away from proposed structures.
D. Permit Procedures. Proposed construction within the FP District shall require approval of
a site development permit in accordance with Section 9.210.010 and any other permits required per
Chapter 9.120 (Shecial Purpose Permitted Uses). In addition, the following requirements shall be
satisfied:
Plans and Studies. Site development permit applications shall be accompanied by detailed
studies and plans sufficient to show to the satisfaction of the Public Works Director that
proposed structures are safe from flood flows, that there will be no resulting increase in
base flood elevation, and that all other requirements of Subsection C of this Section have
been or will be satisfied.
2. Requirements of Other Public Agencies. The application shall include evidence of
compliance with applicable requirements of federal and other agencies, such as the U.S.
Army Corps of Engineers and the Riverside County Flood Control District.
9.140.040 HC Hillside Conservation Regulations.
A. Applicability.
The HC Hillside Conservation overlay district applies to all land within the City designated
in the General Plan as "open space" and shown on the Official Zoning Map as "HC." More
specifically, the HC district and the provisions of this Section apply to land meeting the
criteria for being above "the toe of the slope," as defined in this Section, within the
following Sections of land (San Bernardino Base and Meridian) within the City:
a. T5S, R7E: Sections 19, 30,
b T5S, R6E: Section 36, 25;
140-2
9.140. SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS
c. 776S, ME: Sections 1, 12, 13, 24, 25;
d. T6S, RM Sections 6, 7, 8, 17, 18, 19, 20, 28, 29, 30, 33;
e. T7S, RM Sections 4,5.
2. The provisions of this Section shall also apply to each and every parcel of land within the
City (without otherwise being noted on exhibit or map which is added to the City by
annexation, dedication, or other means) meeting the criteria for being above "the toe of the
slope."
3. Except as specifically provided elsewhere in this title, any and all disturbance of natural
terrain, grubbing, grading, new use, and every new building and premises or land in the HC
district shall be used for or occupied and every building shall be erected, constructed,
established, altered, enlarged, maintained, moved into or within such HC district
exclusively and only in accordance with regulations set forth in this Section.
B. Application of Regulations to Property.
1. In the City General Plan, all hillsides and some alluvial fans are designated Open Space.
In general, the dividing line between open space and other land uses is meant to follow and
be bounded by "the toe of the slope." The area above the toe of the slope includes not only
hillsides, but also alluvial fans which are not protected by flood control structures, and
drainage ways and stream courses which have some potential for flooding. In general,
alluvial fans not exceeding 20 percent slope are developable consistent with this Section
either through the transfer of residential units from contiguous hillside areas, by change
of designation, or by providing flood protection.
2. For any parcel subject to the jurisdiction of the City, the City Engineer, upon viewing the
site and considering a land suitability study submitted by the applicant (in accordance with
the requirements of this Section) shall determine the boundary between the developable
and the undevelopable portions of the parcel by locating the toe of the slope per the
following criteria (more than one criterion may apply):
a. The point where water -borne alluvial material not exceeding 20 percent slope begins
to collect to a depth of one foot or more;
b. The dividing line between steeper rock formations and more gently sloping alluvium,
i.e., where there is a noticeable break in the angle of slope from steep to shallow;
c. Where the slope gradient exceeds 20 percent,
d. An area unprotected from flooding potential, i.e., an area above the uppermost flood
control structure which intercepts runoff (in the form of either natural water courses or
as overland sheet flow) and directs it to a controlled stormwater diversion channel.
140-3
9.140: SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS
C. Permitted Uses in HC District.
1. No development (except as provided under subsection C-4 of this Section) shall be
approved for slopes exceeding 20 percent.
2. The following are exempt from the requirements of this Section: tracts and specific plans
already approved.
3. The; following uses within the HC district shall be permitted on alluvial fans with slopes
not exceeding 20 percent:
a. Golf courses (not including above -ground structures), including fairways, greens, tees,
and golf -cart paths to access them;
b. Flood -control structures;
c. Parks, lakes, and passive recreation facilities;
d. 'Water wells, pumping stations, and water tanks (if properly screened);
e. Power, telephone, and cable substations and transmission lines (if properly screened or
undergrounded);
f. T.V., cable, and radio antennas;
g. ]Hiking, bicycle and equestrian trails;
h. Single family residential uses;
i. .Accessory uses necessary to establish and maintain the permitted uses, such as roads,
gate -houses, on -site subdivision signs, parking lots, noncommercial community
association, recreation, and assembly buildings and facilities.
4. The following uses within the HC district shall be permitted on slopes exceeding 20
percent:
a. Hiking, bicycle and equestrian trails not permitting vehicles;
b. Access roads which shall be non -visible unless applicant can prove to the satisfaction
of the City that the only access to a non -visible area must traverse a visible area.
(Ownership or non -ownership of property is not sufficient proof of reason to place a
road in a visible area.) Roads shall not exceed 15 percent grade.
c. Uses listed in Subsection C-3 above maybe permitted provided the land was graded
or otherwise significntly disturbed prior to Januar 1, 1996, and only if the scarred
location is visible from more than one -quarter of a mile away.
D. Conditional Use Permit Required. In addition to the requirements of this Section, all
development within the HC district shall require approval of a conditional use permit pursuant to
Section 9.210.020.
140-4
9.140. SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS
E. Site Development Review Required. All development in the HC district shall be subject to
site development review by the Planning Commission pursuant to Section 9.210.010.
"Development" in this context shall include the following: grading, building, grubbing, or
permitting any heavy equipment (equipment whose function is digging, clearing, earth -moving,
grading, or a similar function disruptive to the natural terrain) access to the HC district property.
F. Criteria for Review of Grading Plans. The Planning Commission and City Council shall
consider the following matters of particular concern in their review of grading proposals in the HC
district. Conditions may be attached to the approval of grading plans so as to achieve the purpose
and intent of this Section and the following objectives:
1. The health and safety of the public;
2. The! preservation of vegetation and animal habitat, designation of stream courses as open
space, preservation of habitat corridors, encouraging revegetation with drought -tolerant
native species;
3. The; avoidance of excessive building padding or terracing and cut and fill slopes to reduce
the scarring effects of grading;
4. The; encouragement of sensitive grading to ensure optimum treatment of natural hillside
and arroyo features;
5. The; encouragement of imaginative grading plans to soften the impact of grading on
hillsides, including rolled, sloping, or split pads, rounded cut and fill slopes, and post and
beam construction techniques; and
6. The maximum retention of vistas, and natural topographic features including
mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines, and
canyons.
G. Engineering Reviews Required. For every home site or for every subdivision proposed
within the HC district, the following reports shall be prepared by a California -licensed engineer
(licensed in the appropriate discipline), and filed with the City Engineer, unless specifically waived
by the City Engineer based on a visit to the proposed site:
l . Hydrology, drainage, and flooding report for all sites;
2. Soil survey of the sites proposed attesting to stability of all sites and the appropriateness
of -the construction method proposed;
3. Underlying geology/engineering report attesting to stability of all sites;
4. Seismic analysis attesting to the stability of the site(s) and addressing the potential of
material above the site(s) impacting the site(s);
5. Access plan showing the preliminary engineering for roads giving access to the proposed
site(s);
140-5
9.140: SUPPLEMENTAL SPECL4L PURPOSE REGULATIONS
6. Grading plan for the construction site(s) and access routes; and
7. A utility plan demonstrating the feasibility of providing water for domestic and fire
suppression purposes, sewer, power, and other utilities, especially with regard to the
scarring effects of the grading necessary to install such utilities.
The City Engineer shall specifically approve each proposed site and access route based on the
submitted reports.
H. Other Studies Required. The following studies shall be filed with the Community
Development Department as a part of the application process:
1. All development in the HC district shall be subject to a report by a qualified biologist
addressing the following:
a. Natural vegetation and native plants which may be affected by the project;
b. `wildlife habitats, migratory routes (e.g., for Bighorn sheep), and native animal species;
and
c. Plan to maintain corridors for wildlife habitat and movement of animals within HC
district.
2. All development in the HC district shall be subject to a review by a qualified archaeologist
addressing the following:
a. A review of the literature and records for any known and/or recorded historic or
prehistoric resources;
b..& survey of the project site for historic or prehistoric resources; and
c. A final report of findings and recommended mitigation and resource treatment shall be
.submitted to the Community Development Director for review.
3. A plan for the preservation of all areas exceeding slopes above ten percent as specified in
Paragraph I-6 of this Section, including:
a. The designation of all areas exceeding ten percent slope, with the degree of slope noted,
and the calculation of the percent to be left undisturbed;
b. The designation of all water courses both natural and man-made, with plans for the
preservation and/or reintroduction of native drought tolerant plants. Water courses shall
be designated as open space; and
M1Ell
9.140: SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS
c. A monitoring program (following CEQA) for the preservation of open spaces.
4. A v:iewshed study, including plans and sections, showing visibility of proposed project and
grading as viewed from surrounding properties located at lower elevations.
I. Grading, Grubbing and Scarring Control.
1. No permits shall be issued for any grading, grubbing, building or structure in the HC
district until grading plans, slope planting and irrigation plans, and building elevations for
design review have been submitted to the Planning Commission for approval. In reviewing
plans for grading, slope planting and irrigation, native revegetation, mitigation of scarring
caused by grubbing and grading, preservation of the natural state of the hillsides and water
courses (based on slope angle) and building elevations, the Commission and council shall
consider the purpose and intent of this Section and the criteria established in this Section,
together with applicable standards and shall approve the design if all applicable provisions
are met.
2. Conditions may be applied when the proposed development does not comply with
applicable standards so as to bring such development into conformity or the plans and
drawings may be disapproved and the City shall specify the standard or standards that are
not met.
3. An, person who fails to protect the natural terrain, defaces, grades, grubs, scars, or
otherwise disrupts the natural terrain in the HC district without prior City approval of plans
for such work subject to this Section shall have created a public nuisance which shall be
abated. Abatement may include the property owner undertaking the restoration (under City
supervision and monitoring), or that failing, City -contracted restoration of the disrupted
area. The property owner may be charged the cost of the restoration together with the
direct costs of supervision and monitoring of the restoration. If the property owner fails
to reimburse the City for the costs incurred, a lien against the property for payment may
be instituted.
4. Any plans which are being considered by the City for development shall, at the time of
discovery of the creation of the public nuisance, be denied by the decision -making
authority. After such time as the public nuisance has been completely abated, the plans
may be resubmitted upon payment of all required fees.
5. The provisions of this Section shall be in addition to other Municipal Code titles and
regulations applicable to grading activities within the City. No grading shall be conducted,
nor shall any grading permit be issued for grading in the HC district until grading plans
and special drawings showing grading and topography as viewed from critical locations
within the neighborhood or community have been approved by the Planning Commission.
140-7
9.140: SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS
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J. Development Standards.
1. Maximum Density and Minimum Lot Size. In the HC district, the maximum density
permitted shall be one residential unit per ten acres. On a contiguous parcel which includes
areas both above and below the "toe of the slope," residential units may be clustered
together below the "toe of the slope" to take advantage of buildable areas with lower slope
angles, provided the overall density for the parcel of one unit per ten acres is not exceeded.
Structures shall remain single family, separated, on individual lots having an area of at
least 20,000 square feet.
2. Setback Requirements. The requirements for the RVL Very Low Density district shall
apply.
3. Maximum Building Height. The requirements for the RVL district shall apply except that
no structure shall be placed in such a way that its outline is visible above a ridgeline.
4. Parking. Off-street requirements shall conform to Chapter 9.150.
5. Roof Equipment. No roof -top equipment for heating, cooling or other purposes shall be
permitted.
6. Architecture. The architectural treatment of structures within the HC district shall be
compatible with the setting of the structure and shall be generally consistent with
requirements of the desert setting and other architectural treatments found elsewhere in the
Cit:y. Use of indigenous materials for the structure of walls should be encouraged. Fencing
and walls shall conform to the standards for the RC Cove Residential district standards as
set forth in Section 9.30.050.
140-8
9.150: PARKING
4. The; property owner shall secure the mitigation payment by providing the City with a second
deed of trust in the amount of the total mitigation payment.
E. Certification rfRe(pdred Parking: Numerical parking space requirements shall be determined
and/or amended through approval of a parking plot plan pursuant to Section 9.150.020. The numerical
requirements shall be deemed certified upon such approval.
9.150.060 Spaces Required by Use.
A. Laud Uses not Listed If no provisions for the required number of offstreet parking spaces are
set forth in Tables 1501 or 1502 of this Section or the provisions are not clear for a specific use, the
decision -making authority for the applicable use or project shall determine the number of parking spaces
required.
B. Definition of GFA. For purposes of this Chapter and this Code, gross floor area or GFA means
the total square footage of all floors of a building, including the exterior walls but excluding courtyards
and other outdoor areas.
C. Parking for Residential Laud (Ives.
1. Table 1501 following contains the minimum number of parking spaces required for each type
of residential land use.
2. Whenever any commercial or industrial use is located on a building site that is also used for
residential purposes, parking facilities shall be provided for the residential use per Table 1501
in addition to the spaces required for the nonresidential use(s).
150-6
9.150: PARKING
TABLE 1501: PARKING FOR RESIDENTIAL LAND USES
Land Use
Min. Offstreet Parking
Additional
Requirement
Requirements
Single family detached, single
2 spaces per unit in a garage plus .5
>
family attached and duplexes,
guest spaces per unit if no on -street
three bedrooms or less.
parking is available
a bedroom.. A bedroom means
any habitable room that may
be used for sleeping purposes
other than a kitchen, bathroom,
hallway, dining room or living
room. Min. driveway length
shall conform to Sec.
9.60.060.
Above homes with four or more
Same as above but with 3 spaces per
Same as above.
bedrooms including guest
unit in a garage. For additions raising
houses (Existing lots of 6,000
total # of b/rms to 4 or more, third
square feet or less and
garage space is not required provided
affordable housing, this is
addition does not increase value of
optional)
house by 50% or more as determined by
Director of Building and Safety.
Employee Quarters
One covered or covered space. The
space shall not be tandem.
Tosvnhomes
2 spaces per unit in a garage plus .8
All units shall be within 100
guest spaces per unit
ft. of the nearest guest space.
A parking plan will be
required as part of develop-
ment review showing alloca-
tion of guest spaces. All guest
spaces shall be restricted to
use by uests only.
150-7
9.1 S0: PARKING
TABLE 1501: PARKING FOR RESIDENTIAL LAND USES
Land Use
Min. Offstreet Parking
Additional
Requirement
Requirements
Apartment:; and "airspace"
condominiums:
allaii Count a;
a+edroam. A bedroom means
(1) Studio
(2) One -bedroom
• 1 covered space per unit, plus .5 guest
spaces per unit
• 1.2 covered spaces per unit plus .5
guest spaces per unit
any habitable room that may
be used for sleeping purposes
other than a kitchen, bathroom,
hallway, dining room or living
(3) Two -bedroom
• 2 covered spaces per unit plus .5 guest
room.
(4) Three or more bedroom
spaces per unit
• 3 covered spaces per unit plus .5
covered spaces per each bedrm. over
three, plus .5 guest spaces per unit.
For apartments, condomin-
iums, mobilehome parks,
senior citizen hotels, and
congregate care facilities,
parking shall be arranged so
that all units are within 100 ft.
Mobilehome parks
2 covered spaces/ unit, which may be in
tandem, plus .9 guest spaces per unit
of the nearest guest space. A
Senior group housing/senior
.5 covered spaces per unit plus .5 guest
parking plan shall be required
citizen hotels and congregate care
facilities
spaces per unit
as part of development review
showing allocation of dwelling
Boardinghouse, roominghouse,
1 space per sleeping room
unit spaces and guest spaces.
All guest spaces shall be
and single rm. occupancy hotels
restricted to the use, of guesLi—
Bed and Breakfast Inns
1-1• space per guest
only.
spaces fbr < plus
parking for residence as required
D. Parking for Nonresidential Land (Uses.
1. AEI equate Parking Required All nonresidential land uses shall provide offstreet parking in compliance with this
Subsection and with Table 1502 following unless modified by the provisions contained in Section 9.150.050.
Table 1502 sets forth the minimum requircments for each use. It shall be the responsibility of the developer,
owner or operator of any use to provide adequate offstreet parking even though such parking may be in excess
of the minimum requirements set forth in this Section.
2. Bicvcle Parking. In addition to the automobile parking spaces required per Table 1502 following, bicycle
parking shall be provided for certain nonresidential uses in accordance with Paragraph D-3 of this Section.
150-8
9.150: PARKING
TABLE 1502: PARKING FOR NONRESIDENTIAL LAND USES
Land Use
Min. Offstreet Parking
Additional
Requirement
Requirements
COMMERCIAL USES:
Barbershops
2 spaces per chair
Bars, pubs and cocktail lounges
I space per 50 sq/ft GFA including
indoor/outdoor seating areas (see also
Restaurants)
Beauty parlors/hair salons
3 spaces per station
Dry cleaners
I space per 200 sq/ft GFA
Laundromats
As stand-alone use: I space per 3
A washer/dryer combination is
machines.
considered one machine
As part of a larger building: I space per
200 s /ft GFA
Lumberyards and nurseries
I space per 500 sq/ft GFA indoor area,
plus I space per 1000 sq/ft of outdoor
area devoted to display or sales, plus 1
space per 2 employees.
Model hone sties com lexes
10 spaces
Personal service establishments,
3 spaces per station
including tanning salons, nail
salons, massage services and
uses of a similar nature
150-9
9.150: PARKING
TABLE 1502: PARKING FOR NONRESIDENTIAL LAND USES
Land Use
Min. Of'fstreet Parking
Additional
Requirement
Requirements
Restaurant:z:
(1) Conventional "sit-down",
1 space per 75 sq/ft GFA including
including any bar portion
indoor and outdoor seating areas
(2) Drive-t'.hru and fast food
1 space per 100 sq/ft GFA, including
indoor and outdoor seating areas, but
not less than 10 spaces. In addition,
there shall be at least 2 "grill" spaces for
vehicles awaiting orders already paid
for.
(3) Retail food with ancillary
1 space per 150 sq/ft GFA including
seating
indoor and outdoor seating areas
RetailCommercial:
(1) General retail uses under
1 space per 200 sq/ft GFA
For shopping centers, free-
50,000 sq/ft GFA
standing restaurants and non -
free -standing restaurant space
(2) General retail uses 50,000
1 space per 250 sq/ft GFA
in excess of 20% of the total
sq/ft GFA and greater
shopping center GFA shall be
computed separately using the
(3) Furniture and appliance
1 space per 500 sq/ft GFA
applicable restaurant parking
stores
ratio.
Sexually -Oriented Businesses
1 space per 200 sq/ft GFA
Warehouses, storage buildings or
I space per 1000 sq/ft of gross area for
structures used exclusively for
storage purposes
story:�e
150-10
9.150: PARKING
TABLE 1502: PARKING FOR NONRESIDENTIAL LAND USES
Land Use
Min. Offstreet Parking
Additional
Requirement
Re uirements
Wholesale establishments and
1 space per 500 sq/ft GFA, excluding
warehouses not used exclusively
that area devoted to office or sales, plus
for storage
I space per 250 sq/ft of office or sales
area
Mini-s: oragc facilities:
(1) Single -story
I space per 5000 sq/ft plus 2 spaces for
Drive aisles between storage
any caretaker's unit
bays must be wide enough for
a parked vehicle plus a fire
(2) Multistory
1 space per 2000 sq/ft plus 2 spaces for
lane
any caretaker's unit
Outdoor storage, such as auto
I space per 1000 sq/ft but not less than
«Tecking and salvage,
G spaces
contractors storage yard
OFFICE AND HEALTH CARE U.SEV:
General Requirement for all
Min. 30% of required spaces shall be
office and health care uses
covered by a trellis or carport structure
Banks, savings and loans, credit
1 space per 250 sq/ft GFA (For either
unions and similar financial
stand-alone or uses which are part of a
institutions
larger building)
Convalescent hospitals, nursing
I space per 4 beds based on the resident
See also senior group housing
homes, children's homes, and
capacity of the facility as listed on the
(senior citizen hotels) under
sanitariums
required license or permit
Residential Uses, preceding
General offices, other than
I space per 250 sq/ft GFA
Rates are for office uses only.
medical, dental, or industrial
If ancillary uses are included,
park/research
such as financial institutions,
restaurants or retail
establishments, parking for
such uses must be provided
per their ap2licable rates
Hospitals
1.75 spaces per bed
Medical or Dental
1 space per 200 sq/ft GFA for first
Offices/Clinics
2000 sq/ft plus I space per each 175
s /ft over 2000
150-11
9.150: PARKING
TABLE 1502: PARKING FOR NONRESIDENTIAL LAND USES
Land Use
Min. Offstreet Parking
Additional
Requirement
Requirements
Veterinary hospitals and clinics
1 space per 200 sq/ft GFA exclusive of
ove-might boarding areas
AUTOMOTIVE USES:
Automobile repair facilities
1 space per 300 sq/ft GFA, but not less
than 5 per business
Automobile Service Stations:
For service stations, GFA
means all areas which are fully
(1) Without retail sale of
1 space per 250 sq/ft GFA, plus 2
enclosed and shall include
beverage and food items
spaces per service bay
retail area, restrooms, storage
and mechanical areas, service
(2) With retail sale of beverage
10 spaces plus I space per 250 sq. ft.
bays, and cashiers booth
and food items
GFA plus 2 spaces/service bay
Automobile, truck, boat, and
1 space per 300 sq/ft of office area, plus
similar vehicle sales or rental
1 space per 1000 sq/ft of indoor/outdoor
establishments
sales/display area, plus 1 space per 300
sq/ft GFA for repair/service areas, plus
2 spaces per service bay
Mobilchome sales
I space per 300 sq/ft of office area, plus
1 space per 2500 sq/ft of indoor/outdoor
sales/display area,
Car Washes:
(1) Full -service
1 space per employee per shift but not
Applicant may be required to
less than 10 spaces. (Fuel, vacuuming or
submit a parking study which
drying areas shall not be counted as
includes a stacking analysis for
parking spaces)
the proposed facility
(2) Self-service
2 spaces per wash bay, (wash bays shall
not be counted as parking spaces)
150-12
9.150: PARKING
TABLE 1502: PARKING FOR NONRESIDENTIAL LAND USES
Land Use
Min. Offstreet Parking
Additional
Requirement
Re uirements
INDUSTRIAL USES:
General manufacturing and
1 space per 500 sq/ft GFA (with
industrial uses
maximum 10 percent office area)
Industrial 'arks/Research and
Devel l2me:nt:
(1) Manufacturing, research
I space per 500 sq/ft (with maximum
If uses are not precisely
assembly, packaging,
10 percent office area)
identified at the time of
wholesaling
application, the parking shall
be based on the manufact-
(2) Warehousing and distribution
I space per 1000 sq/ft (maximum 10
uring, research, assembly,
space
percent office area)
packaging and wholesaling
rate
(3) Offices
1 space per 250 sq/ft for office square
footage which exceeds 10 percent of
GFA
ASSEMBL Y USES:
Auditoriums, theaters (not
I space per 3 seats and 1 space per 25
18 lineal inches of bench shall
including cinemas)
sq/ft GFA where there are no fixed seats
be considered 1 fixed seat.
Churches, temples and other
1 space per 3 seats within the main
18 lineal inches of bench shall
places of assembly not specified
auditorium and I space per 25 sq/ft
be considered 1 fixed seat.
elsewhere
GFA within the main auditorium where
1 Additional parking will be
there are no fixed scats, plus required
required at the same rate for
parking for other uses on the site
other auditoriums, assembly
halls or classrooms to be used
concurrently with the main
auditorium.
Cinemas (single- and multi-
1 space per 3 scats, plus 5 spaces for
screen)
employees
Clubs, lodge halls and union
1 space per 35 sq/ft GFA within the
halls (not including health clubs)
main auditorium, plus required parking
for other uses on the site
Dance halls
1 space per 7 sq/ft of dance floor area,
plus 1 space per 35 sq/ft of additional
GFA
150-13
9.150: PARKING
TABLE 1502: PARKING FOR NONRESIDENTIAL LAND USES
Land Use
Min. Offstreet Parking
Additional
Requirement
Requirements
Mortuaries and funeral homes
1 space for every 25 sq/ft or fraction
thereof of assembly room floor area,
plus 1 space for each vehicle stored
onsite, plus 5 spaces for employees
Senior centers
1 space per 125 s /ft GFA
LODGING AND CHILD CARE USES:
Day care centers, including
1 space per staff member plus I space
Stacking analysis may be
preschools and nursery schools
per 5 children. Parking credit may be
required to define a drop-off
given if queuing area for more than 4
facility that accommodates at
cars is provided, but resulting parking
least four cars in a continuous
shall be not less than 1 per staff member
flow, preferably one-way, to
plus I per 10 children
safely load and unload children
Hotels:
(1) Faciliti: s with less than 200
1.1 spaces per guest bedroom plus 1
rooms
space for every 75 sq/ft of meeting room
GFA plus the spaces required for
ancillary commercial uses
(2) Facilities with 200 rooms or
1.5 spaces per guest bedroom plus 1
more
space for every 75 sq/ft of meeting room
GFA plus the spaces required for
ancillary commercial uses
Motels
1.1 space per guest bedroom plus I
employee space per 10 guest rooms,
plus 2 spaces for any manager's unit,
plus the spaces required for ancillary
commercial uses
Timeshare facilities
1.5 spaces per dwelling or guest unit
plus the spaces required for ancillary
commercial uses
Senior group housing, rooming
See Table 1501: "Parking for
houses, single -room occupancy
Residential Land Uses"
hotels and other residential uses
150-14
9.150: PARKING
TABLE 1502: PARKING FOR NONRESIDENTIAL LAND USES
Land Use
Min. Offstreet Parking
Additional
Requirement
Requirements
RECREATIONAL USEV:
Arcades, game and video
1 space per 200 sq/ft GFA
Billiard or pool establishments
2 spaces per billiard or pool table plus
required parking for other uses on the
site
Bowling alleys
4 spaces per alley plus required parking
for other uses on the site
Golf Uses:
(1) Driving ranges
I space per tee, plus the spaces re-
quired for additional uses on the site
(2) Pitch and putt, par three and
3 spaces per hole, plus the spaces re -
miniature golf courses
quired for additional uses on the site
(3) Regulation courses
5 spaces per hole, plus the spaces re-
wired for additional uses on the site
Handball/racquetball facilities
1.5 spaces per court plus the spaces
required for additional uses on the site
Health clubs and spas
1 space per 150 sq/ft GFA (for
purposes of this use, swimming pool
area shall be counted as floor area)
LibrarieslMuseums
1 space per 300 sq/ft GFA
Shooting ranges
I space per shooting station plus 5
spaces for employees
Skating rinks, ice or roller
1 space per 100 sq/ft GFA, plus the
spaces required for additional uses on
the site
Stables, commercial
1 space per each 5 horses kept on the
remises
Swimming pools, commercial
1 space per 500 sq/ft of fenced outdoor
area plus the spaces required for
additional uses on the site
150-15
9.150: PARKING
TABLE 1502: PARKING FOR NONRESIDENTIAL LAND USES
Land Use
Min. Offstreet Parking
Additional
Requirement
Requirements
Tennis clubs, commercial
3 spaces per court, plus the spaces
required for additional uses onsite
PUBLIC AND .SEMI-PUBIIC USES:
Public utilil.y facilities not having
1 space per employee plus I space per
business offices on the premises,
vehicle used in connection Nvith the
such as electric, gas, water,
facility
telephone facilities
Schools:
(1) Elementary and junior high or
2 spaces/classroom
middle; schools
(2) Senior high schools
10 spaces per classroom
(3) Colleges, universities and
20 spaces per classroom
institutions of higher learning
(4) Trade schools, business
20 spaces per classroom
colleges and commercial schools
3. Redriired Bicycle Ilarking. Bicycle parking shall be provided for certain nonresidential uses in
order to encourage the use of bicycles and to mitigate motor vehicle pollution and congestion.
The minimum bicycle parking requirements for nonresidential uses are as follows:
a. Land uses required to provide bicycle parking equal to minimum three percent of the total
parking spaces required per Table 1502 include: video arcades, bowling alleys,
cinemas/movie theaters, commercial recreation, tennis clubs, health clubs, libraries, schools,
and skating rinks.
b. Land uses required to provide a minimum of five bicycle parking spaces include: churches,
clubs/halls, hospitals, and restaurants (all categories).
c. Land uses required to provide a minimum of one bicycle parking for every 25,000 square
feet of gross floor area include governmental, general, medical, and financial office uses.
d. In addition to the requirements of Subsections 2.a. through 2.c. of this Section, retail centers
shall provide five bicycle parking spaces for each tenant having over 20,000 sq/ft of gross
150-16
9.200: GENERAL PERMITTING PROCEDURES
for in Section 9.200.090 preceding, new or additional land uses, or similar major changes.
B. 1rocedures. A development review permit may be amended any number of times by the
approval of a subsequent application. All permit amendments shall be for the same parcel or property
for which a development review permit was previously approved. Amendments shall be filed prior to
the expiration of the previously approved permit in compliance with the same filing procedures and
payment of the same filing fee required for an original application. Amendments shall be processed in
the same manner as an original application.
9.200.110 Public Hearings.
A. Applicable State Law. Public hearings required for development review actions shall be carried
out in accordance with the procedures set forth in this Section. It is intended that the provisions of this
Section 9.200.110 shall be fully consistent and in full compliance with Section 65090 et seq of the state
Government Code and that such provisions shall be so construed.
B. Failure to Receive Notice. Pursuant to state Government Code Section 65093, the failure of any
person to receive notice shall not constitute grounds for any court to invalidate the action of the
decision -malting authority.
C. Conduct of Hearings. Public hearings shall be noticed in accordance with Subsection D of this
Section and then held by the decision -making authority prior to action on the relevant application. At
the public hearing, the decision -making authority may take action on the application, continue the
application to a specified date, or take the application under submission. An application taken under
submission may later be taken out of submission for the purpose of taking action on the application
without scheduling a new public hearing provided no additional testimony is heard and no further
evidence is presented. Further testimony may be heard and further evidence may be presented regarding
an application taken under submission only if a new public hearing is held in compliance with this
Section.
D. Noticing Requirements. Not less than 20 calendar days prior to the hearing, for projects
requiring an environmental assessment. Not less than 10 calendar days prior to the hearing, for
projects not requiring environmental review. The City shall.
1. ]Mail or deliver a public notice, which includes the date, time and place of the hearing, the
application number, the applicant's name, the location of the property affected, and a description
of the land use, development, or other action proposed, to:
a. The owner of the subject real property.
b. The owner's authorized agent, if any.
c. The project applicant.
d. Each local agency expected to provide water, sewage, street, roads, schools or other essential
facilities or services to the project.
e. All owners of real property as shown on the last equalized assessment roll within 500 feet
200-7
January 28, 1997
Planning Commission
City of La Quinta
RE: REAR YARD SET BACKS
Due to the sluggish real estate market, Lake La Quinta has not developed as
originally scheduled.
During this time many changes have been imposed by the city making it more
difficult to complete the project. Although we have complied with all of the
new changes, the new twenty (20) foot rear yard set back which you are con-
sidering tonight, has hurt us the most.
A courtyard home with a ten (10) foot rear yard was designed to fit on lots
which had high tension wires at the rear property line (they would be over
the owners pool and patio) and lots with an upslope which does not allow
room enough to provide pools with the minimum house size requirements.
The front courtyard pool design with a rear yard set back of ten (10) feet
would allow us to continue the development and remain competetive.
If you do not change the rear yard set back to (10) feet, we request you allow
some deviation on these special lots so they are saleable and the development
can be completed to the benefit of all the existing owners as well as the
developer.
Thank you for your consideration.
LAKE LA QUINTA
Jim La Loggia
Project Director
Wilma -La Quinta L.P.
LAKE LA QUINTA
I