ORD 325ORDINANCE NO. 325
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING A ZONING CODE
AMENDMENT TO TITLE 9 (ZONING CODE) OF THE
MUNICIPAL CODE
ZONING CODE AMENDMENTS 97-058 AND 98-061
CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California, did on
the 16T" day of June, 1998, 7th day of July, 1998, and 20th day of July, 1998, hold
duly noticed Public Hearings to consider a Zoning Code Amendment to amend Title 9
(La Quinta Zoning Code) of the Municipal Code; and,
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 9th day of June, 1998, and on the 261h day of May, 1998, hold duly
noticed Public Hearings to consider the Zoning Code Amendments to amend Title 9
(La Quinta Zoning Code) of the Municipal Code and did recommend approval; and,
WHEREAS, at said Public Hearings, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be heard, said
City Council did find the following facts and reasons to justify the approval of said
Zoning Code Amendment:
1. The proposed Code amendments are consistent with the goals, objectives, and
policies of the General Plan in that the amendments will provide for enhanced
residential and nonresidential development throughout the City.
2. The proposed Code amendments will not create conditions materially
detrimental to the public health, safety, and general welfare in that they are
created to enhance the developed City, thus ensuring the protection of the
Cities citizens.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
La Quinta, California that it does ordain as follows:
SECTION 1. Title 9 (La Quinta Zoning Code) of the La Quinta Municipal Code
is hereby amended as shown on Exhibit "A", on file in the Community Development
Department.
RSTAMORD ZCA 97-058 98-061
Ordinance No. 325
Adopted: 8/4/98
Page 2
SECTION 2. ENVIRONMENTAL. Said Zoning Code Amendment requests have
been determined to be exempt from the California Environmental Quality Act pursuant
to Section 15061 (b, 3) of the Guidelines for Implementation.
SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption
of this Ordinance, and shall cause the same to be posted in at least three public places
designated by resolution of the City Council, and shall cause this Ordinance and its
certification, together with proof of posting, to be entered into the Book of Ordinances
of this City.
PASSED, APPROVED and ADOPTED this 4t" day of August, 1998 by the
following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor
NOES: None
ABSENT: None
ABSTAIN: None
(�" 1-4-,
JOHN Y PENY, Mayor
City of La Quinta, California
ATTEST:
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
P:STAN\ORD ZCA 97-058 98-061
Ordinance No. 325
Adopted: 8/4/98
Page 3
APPROVED AS TO FORM:
&.,,- o. 44".. "1 10 Q 0
DAWN C. HONEYWEI L, City Attorney
City of La Quinta, California
RSTAMORD ZCA 97-058 98-061
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true and correct copy of Ordinance No. 32,fwhich
was introduced on the 20TH day of July, 1998 and was adopted at a regular meeting
held on the 4th day of July, 1998 not being less than 5 days after date of introduction
thereof.
I fu her certify that the foregoing ordinance was posted in three (3) places within the
Ci of La Quinta as specified in a resolution of the City Council.
AUNDRA L. J OLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on August 14, 1998 pursuant to City
Co
t Resolution.
L.
JU LA, City Clerk
City of La Quinta, California
EXHIBIT "A"
Amend Chapter 9.30: to renumber the following Section page numbers:
Sections:
9.30.050 RM Medium Density Residential District ............................ 30-5
9.30.060 RMH Medium High Density Residential District ...................... 30-6
9.30.070 RH High Density Residential District ............................... 30-7
Amend Section 9.30.010.0 by changing Section 9.60.190 title, renumber the Section page
numbers, and add new Section 9.60.320, 9.60.330, and 9.60.340:
9.60.060
Garages and Carports ............................................ 60-7
9.60.120
Pets and Other Animals .........................................
60-14
9.60.190
Family Child Care Facilities .....................................
60-19
9.60.200
Senior Citizen Housing .........................................
60-20
9.60.210
Construction and Guard Offices ..................................
60-22
9.60.270
Density Bonuses for Affordable Housing ...........................
60-27
9.60.290
Time Share Regulations ........................................
60-32
9.60.300
Compatibility Review for Partially -
Developed Subdivisions ...................................
60-37
9.60.320
Resort Residential .............................................
60-40
9.60.330
Residential Tract Development Review ............................
60-41
9.60.340
Custom Home Design Guidelines .................................
60-42
Amend Section 9.30.020.0 as follows:
Max. Lot Coverage.........................................................40%
Min. Livable Floor Area Excluding Garage ................................ 2,500 sq. ft.
Amend Section 9.30.030.0 as follows:
Max. Lot Coverage.........................................................50%
* Projects with five or more adjacent dwelling units facing the same street shall incorporate front
setbacks varying between 20 ft. and 25 ft.+ in order to avoid streetscape monotony.
2 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one
foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of
ten feet. The additional setback may be provided entirely at grade level or a
combination of at grade and airspace above the 17 foot building.
Amend Section 9.30.040.0 as follows:
However, existing frontages under 60 ft. Are buildable provided other standards are met.)
* Projects with five or more adjacent dwelling units facing the same street shall incorporate front
setbacks varying between 20 ft. and 25 ft. + in order to avoid streetscape monotony.
Section 9.50.090 in the RC Zone District contains additional details and illustrations regarding
development standards.
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd
Delete Section 9.30.040.D in its entirety:
Amend Section 9.30.050.0 as follows:
* Projects with five or more adjacent dwelling units facing the same street shall incorporate front
setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony.
2 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one
foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of
ten feet. The additional setback may be provided entirely at grade level or a
combination of at grade and airspace above the 17 foot building.
Amend Section 9.30.060.0 as follows:
* Projects with five or more adjacent dwelling units facing the same street shall incorporate front
setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony.
2 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one
foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of
ten feet. The additional setback may be provided entirely at grade level or a
combination of at grade and airspace above the 17 foot building.
Amend Section 9.30.070.0 as follows.
* Projects with five or more adjacent lots facing the same street shall incorporate front setbacks
varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony.
2 For interior side yards, 5 feet minimum plus 1 foot additional setback for every foot of building
height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said
height above 17 feet is located between 5 and 10 feet from said sideyard property line.
For the RH Zone the interior setbacks, if the building is over 28 feet in height, the
setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof,
to a maximum setback of 15 feet. The additional setback may be provided entirely at
grade level or may be a combination of at grade and airspace above the 28 foot building
height.
Amend Section 9.40.030.C.2.a. as follows:
C. 2.a. The RH and RMH residential uses are part of a mixed -use planned development.
Amend Section 9.40.040 Table of Uses as follows:
Table 9-1: Permitted Uses in Residential Districts
Accessory Uses and Structures
11 Satellite dishes and other antennas subject to §9.60.080 1 A I A I A I A I A I A 11
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On lots of 1 ac. or more, the noncommercial keeping of
A
A
X
X
X
X
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 and limited to one horse
per 2.5 acres.
Other Uses
Communication towers and equipment subject to
Chapter 9.170 1
C C C C C C
Add under Residential Uses:
11 Resort Residential subject to Section 9.60.320 C C X C C I C 11
Add under Group Living and Care Uses:
ICongregate care facility C C C C I C I C 11
Amend Chapter 9.50 to renumber the Section page numbers and add new Section:
9.50.040 Illustration of Development Standards ................................. 50-4
9.50.050 Maximum Building Height .......................................... 50-8
9.50.060 Architectural Projections ............................................ 50-8
9.50.070 Irregular Lots ..................................................... 50-9
9.50.080 Setbacks from Surface Easements .................................... 50-10
9.50.090 RC Zone District ................................................. 50-10
Amend Section 9.50.020 as follows:
Section 9.50.020 Height Limits and Setbacks Near Image Corridors
In order to facilitate noise screening for residents and preserve visual openness, it is necessary
to limit building heights for residential development. 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 Image Corridors:
• Primary, Secondary, & Agrarian Image Corridors: All buildings limited to one
story or 22 feet.
Rear and side yard setbacks for residential units abutting the Image Corridors shall be a minimum of 25-
feet, with the exception of the RVL Zone District, where it only applies to the side yard.
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 3
Amend Table 9-2: Residential Development Standards as follows:
Min. Project Size for
n/a
n/a
n/a
n/a
20,000
20,000
*
n/a
Multifamily Projects
(sq.ft.)
Min. Frontage for
n/a
n/a
n/a
n/a
100
100
*
n/a
Multifamily Projects (ft)
Min. Garage Setback(ft)
n/a
25
25
25
25
25
*
**
Min. Interior/Exterior
10/201
5/10
5/10
5/10
5110
10/15
*
**
SideYard Setback (ft)5 '
Min. Rear Yd. Setback
30
20 for new lots &
10
15
15
20
(ft)'
10 for existing
recorded lots
Max. Lot Coverage
40
50
60
60
60
60
(% of net lot area)
Min. Livable Area
2500
€ 1400
1400
1400 €
1400
750
*
**
Excluding Garage (sq.ft.)
(multi-
for
fam:
multi-
750)
fam.
Min./avg. Perimeter
10/2
10/2
Landscape Setbacks (ft.)6
10/20
10/20
n/a
0
10/20
10/20
0
n/a
' Minimum lot frontage on cul-de-sacs and knuckles
shall be 35 feet. Min. lot frontage for flaa lots shall
be 15 feet.
2 Not including basements. Also, notwithstanding above Table, the maximum structure height = 22' for
all buildings within 150' of any General Plan -designated Image Corridor, except in the RC Zone,
which is 17 feet.
3 For non -garage portions of dwelling only. Also, projects with five or more adjacent single family
dwelling units facing the same street shall incorporate front setbacks varying between 20 ft. and 25
ft. or more in order to avoid streetscape monotony.
5 The following are exceptions to the minimum side setbacks shown:
• For interior side yards in the RL, RM, and RMH Districts, if the building is over 17 feet in
height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction
thereof, to a maximum setback of ten feet. The additional setback may be provided
entirely at grade level or a combination of at grade and airspace above the 17 foot
building. For RH, 5 feet minimum plus 1 foot additional setback for every foot of building
height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said
height above 17 feet is located between 5 and 10 feet from said sideyard property line. For
interior setbacks, if the building is over 28 feet in height the setback is ten feet plus one
foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15
feet. The additional setback may be provided entirely at grade level or may be a
combination of at grade and airspace above the 28 foot building height.
Rear and side yard setbacks for residential units abutting the Image Corridor, shall be a
minimum of 25' with the exception of RVL Zone District where it only applies to the side yard.
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 4
a
Figures 501, 503, and 504 are attached in their changed version.
Amend: Section 9.50.060.B.3 as follows:
3. Balconies, exterior stairways, and elevated uncovered decks may encroach a maximum of four
feet into required front and rear setbacks provided such projections are no closer than 3%2 feet
from any property line. Such projections shall not encroach into required side setbacks nor
increase a buildings usable floor space.
Amend Section 9.50.070.H.2.b. and 9.50.070.H.4 and add the following new Section:
b. The front lot line shall then be determined as that lot line adjacent to the accessway
which has the least amount of lot width.
4. Minimum Lot Frontage. Minimum lot frontage for flag lots shall be 15 feet.
Add a new Section 9.50.090 RC District Development Standards
In addition to the requirements of Chapter 9.30 (Residential Districts) and Chapter 9.60 (Supplement
Residential Regulations) the following shall be required for homes built within the RC District:
A. Requirements.
1. All single family residences shall be reviewed using the Cove Residential Design Procedures.
2. Manual on Architectural and Landscape Standards: The Planning Commission shall, by
resolution, adopt Architectural and Landscape Manuals to be used as guidelines in reviewing
landscape materials, architectural style, exterior building materials, colors, and mass and scale.
3. Architectural Variety: Duplication of houses having the same architectural design features on
the front elevation of other houses located within two hundred feet of each other, shall make
provisions for architectural variety by using different colors, roof treatments, window
treatments, garage door treatments, and methods.
4. Minimum gross livable area: One thousand two hundred (1,200) square feet, excluding the
garage, as measured from the exterior walls of the dwelling.
5. Bedroom dimensions: A minimum ten -foot clear width and depth dimensions, as measured
from the interior walls of the room.
6. Bathrooms: There shall not be less than one and one-half baths in one -or two -bedroom
dwellings, and not less than one and three-quarter baths in dwellings with three or more
bedrooms.
7. Exterior walls shall be cement plaster and may be accented with stone, brick, wood, or other
similar materials.
8. 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 Community
Development 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. (All properties listed on the City's Historic Building Survey shall be exempt
from this requirement.)
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 5
9. Landscaping: All front and exterior side yards shall be landscaped to property line.
10. The landscaping shall include trees, shrubs and groundcover of sufficient size, spacing, and
variety to create an attractive and unifying appearance. Landscaping shall be in substantial
compliance with the standards set forth in the Manual on Architectural Standards and the
Manual on Landscape Standards as adopted by the Planning Commission.
11. An irrigation system shall be provided for all areas required to be landscaped.
12. The landscaping shall be continuously maintained in a healthy and viable condition.
13. Screening: Refuse containers and bottled gas tanks shall be concealed by view obscuring
fencing, or walls.
14. Underground Utilities: All electric services, overhead wires, or associated structures must be
installed underground.
15. Lighting: All exterior lighting shall be located and directed so as not to shine directly on
adjacent properties and shall comply with the Dark Sky Ordinance.
16. Fencing: Rear and side yards shall be completely enclosed and screened by view -obscuring
fencing, walls, or combinations as illustrated in the Manual on Architectural Standards.
17. Earth fill shall not exceed what is necessary to provide minimum required drainage to the street.
18. When there is a combined retaining and garden wall, and the retaining wall exceeds three feet,
the garden wall shall not exceed five feet in height.
B. Building design guidelines --Multiple approvals.
Developers or applicants who intend to construct five or more approvals for construction of
single-family houses within the RC District shall comply with the following:
1. Master design guidelines: Submit master design guidelines to the Planning Commission for
approval. Guidelines are to contain plans and information specifying the methods for varying
the exterior appearance of the single-family houses. This shall include, but not be limited to,
variations of architectural design including roof types and structures, window treatments, entry
treatments, and setbacks.
2. Compliance with guidelines: Cove Residential Design approvals for single-family houses shall
comply with the Design Guidelines as approved by the Planning Commission.
C. Cove Residential Design Application Procedures.
Cove Residential Design. The following procedures shall apply to all applications for approval
of a Cove Residential permit:
Applications for consideration of a Cove Residential Design approval shall be made to the
Community Development Department. The application shall be accompanied by three
complete sets of plans consisting, at a minimum, of the site plan, floor plan and front building
elevation, and if appropriate the street sideyard elevation, a deed showing the applicant's
ownership of the subject property, or a letter of authorization from the property owner
consenting to the submittal of this application, and a filing fee as set by resolution of the City
Council.
2. Determination of Completeness. The Community Development Department shall make a
determination of completeness at the time of submittal of the application and shall not accept
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 6
9.SU: ALJ�UCl��lALLC►CLVi`i1�L;1�1 J�.1.�UnIu��.
9.50.040 Illustration of Development Standards.
DEVELOPMENT STANDARDS: RVL & RL
FIGURE 501
RVL
VERY LOW DENSITY
RESIDENTIAL DISTRICT
Min. Lot Size: 20,000 sq/ft
Max. Lot Coverage., 40%
Mina Livable Floor Area (excluding
garage): 2500 sq/ft
Mex ate 2g
I riea , 2
-,Q--
M,n. Lot Fronts
9e c �0 , etb
0 �j ��Side
RL
LOW DENSITY
RESIDENTIAL DISTRICT
Min. Lot Size: 7200 sq/ft
Max. Lot Coverage: 50%
Min. Livable Floor Area (excluding
garage): 1400 sq/ft
Max Ht. =2tI
Max. Stories - 2
i
�M�n' dot F
ronta9e , g0,
C:\Ivly Documents\WPDOCS\zoupdate-residential&supres.wpd
Min. Rear.
Setback = 30'
Min. Interior Side Setback = 10'
Min. Exterior Side Setback = 20'
ack = 30'
entry garages min. 20'
Min. Rear Setback
_ = 20' for new lots
and 10' for existing
—telorded lots
Interior,sa6ack, if building is over 17'
is 5' plus 1' for every foot over
In height or fraction thereof, up to a
maximum setback of 10'. The additional
setback may be provided entirely at grade
to level or a combination of at grade and
Ion = 20'. airspace above the 17' building height.
,ack = 25
Min. Exterior Side Setback = 10'
DEVELOPMENT STANDARDS: RM AND RMH DISTRICTS
FIGURE 503
RM
MEDIUM DENSITY
RESIDENTIAL DISTRICT
Min. Lot Size: 5000 sq/ft
Max. Lot Coverage: 60%
Min. Livable Floor Area (excluding
garage): 1400 sqlft
Min. Common Open Area: 30%•
Min. Perimeter Landscape
Setbacks: 10/20' Max Ht.
` Max. stor,4 = 2
Qar
Min
`ot Frontage-
5 ,
For single family attached o �-
side setbacks, see RICH below
Min. Rear
Setback = 15'
Interior setbacks,
ding is over
1T eight the a ack Is 5'
p
itoot for oot over
eight o coon thereof, to
etback of 10'. The
setback may be provided
/ ely at grade level or a combination
of at grade and airspace above the 17'
building height.
Min. Exterior Side Setback = 10'
Zero Lot Line Homes =
to 10' Aggregate of Both Sides
n=20'.
;k = 25'
*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, 10/20). This standard does not apply to detached single family residential. See Sec.
9.60.240 for additional landscape/open area standards.
RMH
MEDIUM HIGH DENSITY
RESIDENTIAL DISTRICT
Min. Lot Size for Single Family: 3600 sq/ft
Min. Project Size for Multifam. Projects: 21
Max. Lot Coverage: 60%
Min. Livable Floor Area (excluding
garage): 1400 sq/ft; Multifarfi.: 750 sq/ft
Min. Common Open Area: 36%.*
Min. Perimeter Landscape
Setbacks: 10/20'
Max I
attached Max. 3toriei
side a 2
MI
n, on
94
MIq, Fro�ge for M., 10 Fe1nily
t1fom. Prolsota a 40,
cts a 100
C:\Ivly Documents\WPDOCS\zoupdate-residential&supres.wpd
Min. Rear
Setback =15'
MULTIFAMI D SGL FAM. DETACHED:
InM tback, if the building is over 17' in
haW the setback Is 5' plus 1' for every foot
over 17' in height or fraction thereof, to a
maximum setback of 10'. The additional
setback may be provided entirely at grade
level or a combination of at grade and
airspace above the 17' building height.
Min. Exterior Side Setback = 10'
Zero Lot Line Homes = 10' Aggregate, both i
SINGLE FAMILY ATTACHED:
DEVELOPMENT STANDARDS: RH AND RSP DISTRICTS
FIGURE 504
RH
HIGH DENSITY
RESIDENTIAL DISTRICT
Min. Project Size for Apt. Projects: 20,000 sq/ft
Min. Lot Size for Single Family Attached: 2000 sq/ft
Max. Lot Coverage: 60%
Min. Livable Floor Area for Apt. Units: 750 sq/ft
Min. Common Open Area: 30%'
Min Perimeter Landscape
Setbacks: 10/20•
i
Maz, gto►tw
Mtn, Fronta0a '�7c
Mirr
tOrMultlfeM prQ/eM Min
s ! 100. Carrel
Min. Rear
Setback = 20'
Interior se$was, if the building
la over 2!A.W in height the setback Is 10'
foot for every foot over 28' In
ht or fraction thereof, to a maximum
aatback of W. The additional setback may
be provided entirely at grade level or may
be a combination of at grade and airspace
ront Setback to above the 28' building height.
iarage Portion n 20'. Min. Exterior Side Setback - 15'
Israge Setback = 25' SINGLE FAMILY ATTACHED:
roll -up type 0' on Attached Side, 10' on Open Side
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 additional landscape/open area standards.
RSP
RESIDENTIAL SPECIFIC PLAN OVERLAY DISTRICT
Min. Common Open Area = 30%
Perimeter Landscape Setbacks:*
• 10' min. at any point,
20' min. average over Perimeter Le
entire perimeter' • 10' Min.
Other development standards . 20' Min.
to be as shown on approved Average
specific plan for the project
Prolsct Boundary
"Perimeter setback area shall
not be counted as common
open area or vice versa
9.50.050 Maximum Building IIcight.
For purposes of this Code, the maximum height of buildings and other structures shall be defined
CAMy Documents\WPDOCS\zoupdate-residential&supres.wpd
for processing any application which is not complete. This determination shall be based upon
a written checklist, a copy of which shall be provided to the applicant if the application is
determined to be incomplete.
3. Required Plans. The plans shall be drawn to scale (1" = 8' using a 24" X 36" sheet format) and
shall indicate clearly, and with full dimensioning where applicable, the following:
a. Name and address of the applicant.
b. Name and address of all property owners of the subject property.
C. Legal description and assessors parcel number.
d. Lot dimensions.
e. Location of adjacent streets, drainage structures, utilities and other features that may
affect the use of the property.
f. The use and dimensions of all proposed buildings and structures (including existing
structures proposed for retention), and their setbacks from property boundaries and
between buildings.
g. Location and construction of proposed driveways and off-street parking areas.
h. Exterior building materials and colors.
i. Landscaping plan for the front yard, and sideyards adjacent to the street for corner lots,
shall indicate the size, species, and location of all materials.
j. Location and type of materials for all fences or walls, including retaining walls.
k. Grading and drainage plan showing existing elevations at one -foot contour intervals,
proposed elevations, adjacent roadway elevations, finish floor elevation of garage, finish
elevations at each building corner and flow lines of surface water on and off the site.
4. Findings Required for Approval. No Cove Residential Permit shall be approved unless the
Community Development Director determines that it complies with the following standards:
a. The proposed use and design conform to all applicable requirements of the City's
General Plan and any other applicable specific plan adopted by the City in effect at the
date of approval.
b. The proposed development complies with the requirements of the RC District.
C. The architectural aspects of the front elevations have varied architectural design features
from other houses within 200-feet.
d. Approval of the development shall not be a detriment to the public's health, safety, and
welfare.
e. The design takes into account the existing physical characteristics of the site, including
topography, drainage, and trees.
5. Review of Application. Within two weeks after acceptance of a complete application, the
Community Development Director shall approve, conditionally approve, or deny the
application; or shall advise the applicant that an adjustment must be requested.
6. Term for Approval. A Cove Residential permit shall be approved for a period of time not to
exceed six months, by which time a building permit shall have been obtained. Upon securing
a building permit, time limits set forth in the Uniform Building Code shall apply.
7. Conditional Use Permit procedure for affordable housing. Applications for conditional use
permits shall be made for variations of development standards pursuant to Section 9.60.270.D.4.
for affordable housing units produced in compliance with State or Federal housing program
implementation.
8. Cove Residential Adjustments Procedure. An applicant may request an adjustment to the
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 7
requirements of the Development Standards.
a. Filing. Applications for the consideration of an adjustment shall be made to the
Community Development Director. The application shall be accompanied by nine
complete sets of plans consisting of a minimum of. the site plan, floor plan, and
exterior building elevations, a deed showing the applicant's ownership of the subject
property or a letter of authorization from the property owner consenting to submittal of
this application, a listing of all property owners within a two -hundred foot radius of the
subject property, and a filing fee as set by resolution of the City Council.
b. Determination of completeness: same as Subsection D2 of this section.
C. Required plans: same as Subsection D3 of this section.
d. Findings required for approval: same as Subsection D4 of this section.
e. Review of Application. Within thirty days after acceptance of a complete application,
the application shall be presented to the Planning Commission, who shall approve,
conditionally approve, or deny the application.
f. Notice of Planning Commission Review. A notice shall be mailed within a minimum
of seven calendar days prior to the Planning Commission meeting to all property owners
within a two -hundred (200) foot radius of the subject property.
g. Term of approval: same as Subsection D6 of this section.
9. Appeals Procedure. An applicant, or any other interested party, may appeal in writing, stating
the reasons for appealing the decision of the Community Development Director to the Planning
Commission, or the decision of the Planning Commission to the City Council, within fifteen
(15) calendar days of the date of decision, in accordance with the provisions of Section
9.200.120.
Amend Chapter 9.60: Supplemental Residential Regulations as follows:
9.60.190
Child Care Facilities ...................................................
60-19
9.60.200
Senior Citizen Housing .................................................
60-20
9.60.210
Construction and Guard Offices ..........................................
60-22
9.60.250
Model Home Complexes ................................................
60-23
9.60.270
Density Bonuses for Affordable Housing ...................................
60-27
9.60.280
Bed and Breakfast Regulation ............................................
60-31
9.60.290
Timeshare Regulations ..................................................
60-32
9.60.300
Compatibility Review for
Partially -Developed Subdivisions ........................................
60-37
9.60.310
Restrictions on Multi -Story
Buildings at Project Boundaries .........................................
60-40
9.60.320
Resort Residential.....................................................
60-40
9.60.330
Residential Tract Development Review ....................................
60-41
9.60.340
Custom Home Design Guidelines .........................................
60-42
Amend Section 9.60.030.0 as follows
C. Fence Heights. The construction and installation of fences shall be in compliance with the
following standards:
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 8
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 with the exception
of the RC District (see Section 9.30.040).
4.a. 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 if parkway width is less than 12-feet wide.
D.1. 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. Vehicular driveway gates shall be constructed of ornamental
iron/tubular steel and metal if solid. If screening an RV, the gate shall be constructed of
a solid opaque material.
2. Width. Pedestrian gates shall not exceed 5-feet in width, except that gates may be any width
within sideyard setbacks of at least 12 feet.
E.1. 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 and installed
per the Uniform Building Code.
G. Prohibited Fence Materials and Construction Fences. The use of barbed wire, razor wire, chain
link, or similar materials in or on fences is prohibited in all residential districts. Chain link fencing is
permitted for temporary construction fences when authorized by a minor use permit issued in accordance with
Section 9.210.020. Said minor use permit shall not be approved until a permit for grading, or
construction, has been filed for, whichever comes first.
Amend: Section 9.60.040 as follows:
B.1. The location of decks shall be governed by the standards for wall projections in Section
9.50.060.
4. No yard structure shall be located less than five feet from any adjacent residential lot or from
any rear property line adjacent to a public or private right-of-way.
6. Eaves or roofs may overhang into the required setback a maximum of 18 inches. 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.
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 9
8. Wood Lattice cross -members in patio covers or trellises shall be of minimum nominal 2" x 2"
material.
9. No patio cover, trellis, gazebo, arbor, similar structure, or combination thereof shall cover more
than 50 percent of the rear area required setback.
Amend Section 9.60.070 as follows and add B.4.
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 18 inches or more at any point. For purposes of this Section, the term "pool" means all or
any of the foregoing facilities.
B.1. Location. Pools shall be located at least three feet (measured from water's edge) from any
property line. No adjustments to this minimum shall be approved with the exception of private
gated communities, where any property line if adjacent to common open area.
2. Filter and Heating Equipment. Mechanical pool equipment, such as a pump, filter or heater,
may be located within the required front, or rear yard setback areas. The equipment shall
be enclosed with the exception of a roof. A five foot sideyard, clear of any permanent
obstructions shall be maintained between the sideyard property line and the building.
Pool equipment that can be accommodated in this area, shall be enclosed, with the
exception of a roof.. The Community Development Director shall determines if this provides
effective noise and vibration attenuation. Equipment shall be screened from view from the
street when in the front yard. 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.
4. Screening shall be provided as required in Section 9.60.140B(2).
Amend Section 9.60.100.B.1.
"Guest house" shall mean a 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, their non-paying guests, and domestic employees.
Amend Section 9.60.130.C. as follows:
C. 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 motor homes, travel trailers, "5th wheels", and camper shells that extend
more than 12-inches above the roof of the pickup truck on which it is located. Passenger vans which have been
converted for use as a recreational vehicle and do not exceed nine feet in height are exempt from this Section.
This section shall not apply to commercial or construction vehicles which are regulated by Section
12.32.110 - 12.32.130.
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 10
Amend Section 9.60.140 as follows and add B.I.A.
B.1. Roof -Mounted Equipment. Roof -mounted utility and mechanical equipment, including but not
limited to air conditioning, heating, resta int"6xhaust fans, electrical elevator structures, roof
accesses, etc., may be permitted only as follows:
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. Screening shall be an integral part of the roof
design and not appear as an afterthought.
C. 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.
d. No equipment shall be placed on any sloped roof.
2. Ground -Mounted Equipment. Ground -mounted utility, mechanical, and pool, spa, or water
feature 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 unenclosed exterior side yards shall be screened by an opaque wall.
Amend Section 9.60.180.E.
E. Minor Use Permit Required. Approval of a minor use permit by the Planning Commission
shall be required prior to the placement of a manufactured home on a single family lot subject to the provisions
of Section 9.210.020 The permit shall not be approved unless the Community Development Director finds
that the dwelling meets 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.
Amend Section 9.60.190 as follows:
Section 9.60.190 Child Care Facilities
A. Purpose. The purpose of this Section is to provide standards for the establishment and operation
of child 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 Child Care Facilities. Child care facilities serving eight or fewer children are permitted
in all residential districts except the RH District. Such facilities shall conform to the following requirements:
2. All facilities shall be licensed and operated in accordance with state, county, and local health,
safety, and other regulations.
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.
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C. Large Child Care Facilities. Child care facilities serving nine to fourteen 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 child care facilities plus the following:
A minor use permit approved by the Community Development Director shall be required to
establish a large child 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 child 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 less than five feet in height.
Amend Section 9.60.200.B.2 as follows:
B.2. All facilities shall be licensed and operated in accordance with state, county, and local health,
safety, and other regulations.
Amend Section 9.60.240 by adding F.
F. Perimeter setback and parkway areas shall have undulating terrain. Seventy-five percent of the
longitudinal length adjacent to the street shall have above curb level berms and mounds exceeding two feet,
but not more than three feet. The berms and mounds shall be undulated and fluctuating in position to
accommodate the meandering sidewalk and shall cover not less than sixty five percent of the landscape setback
area. No retention of storm waters is allowed within the setback area other than incidental stormwater that falls
on the setback. The maximum slope steepness shall not exceed 4:1 anywhere in the landscape setback area,
and shall not exceed 8:1 in the first six feet adjacent to the curb in the right of way.
Amend Section 9.60.250 as follows:
C.1. Number. A maximum of eight flags shall be permitted. There shall be no more than one flag
per pole. United States, state, and other similar flags shall count in the maximum of eight
flags.
6. Flag Copy. Commercial or advertising flag copy is prohibited.
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 safety
and the general welfare, together with adequate guarantees (bonds, letters of credit, etc.) that the structures
and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the
expiration of the permit. In addition to those findings required for the approval of an application, any approving
action for a temporary real estate office shall also include the following finding:
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 12
Amend Section 9.60.300 as follows:
B. Definition. For purposes of this Section, the terin "compatible" shall mean residential buildings
which are similar in floor area and harmonious in architectural style, mass, scale, materials, colors, and overall
appearance.
C. Applicability. This Section applies to all second story additions and new residential units which
are different from those originally constructed and/or approved and which are proposed for construction within
a partially developed subdivision, except for a custom home subdivision, project or phase. These requirements
are in addition to other applicable regulations in this Code.
F. Public Hearing Required. A public hearing shall be noticed and held per Section 9.200.110 prior
to Planning Commission approval or denial of any site development permit consisting of the construction of
a total of five houses within a tract under the compatibility review provisions of this Section. Construction
of a total of five or less units shall require review and approval of the Planning Commission as a Business Item.
The Community Development Director may require that additional notice be given by enlarging the notification
radius or by other means determined by the Director.
I.2. If lot fencing has been provided in the subdivision, the new developer shall provide the same
or better type of fencing for the new dwelling(s), as determined by the Planning Commission,
including any perimeter subdivision fencing.
3. e. Building mass and scale
4. At least one specimen tree (i.e., minimum of a 24-inch box size (1.5-inch to 2-inch caliper) and
minimum 10 foot tall, measured from top of box) shall be provided in the front yard and street
side yard with the total number of trees on each lot to be the same as that provided for on
the original units.
6. Residential units with identical, or similar, front elevations shall not be placed on adjacent lots
or directly across the street from one another.
Add a new Section 9.60.320 Resort Residential
A. Purpose. Resort Residential provides for the development and regulation of a range of
specialized residential uses that are individually owned but rented for periods of 30 consecutive days or less,
on a regular basis and oriented to tourist and resort activity as part of a Golf/Resort Country Club. Land uses
include single family detached or attached residential uses, eating and drinking facilities, small accessory retail
and personal service shops, and recreational buildings.
B. Review Process. Resort residential uses are permitted when developed as part of a residential
golf country club. The conditional use application review process shall be used subject Section 9.210.020.
C. Development Standards. The following standards apply to the development of Resort
Residential uses:
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 13
ITEM
Min. Lot Frontage
Max. Building Height
QUANTITY
Max. No. Of Stories
Min. Livable Floor Area Excluding Garage
Min. Front Yard Setback from:
Street or Parking Stall Curb
Pedestrian Circulation Walks
Garage/carport Setback -from Street Curb
Min. Building to Building Setback:
Without Partial Attachment (See Note)
With Partial Attachment (See Note)
Min. Interior/Exterior Side Yard Setbacks
Min. Rear Yard Setback
Maximum Allowable Wall Height
Minimum Parking Required
30 ft.
28 ft.(1)
22 ft.(1)Adjacent to an Image Corridor
2
420 sq/ft.
8 ft.
5 ft.
5 ft.
6 ft.
4 ft.
3 ft.(2)
5 ft.
8 ft.
1 Space per Bedroom
1 Space per 300 sq/ft. GFA
Note: Partial attachment of two buildings is made when an enclosed area having a typical interior function
such as a hot water heater closet, furnace closet, or other essential use, is attached to two otherwise separate
buildings. Construction standards and fire ratings shall meet U.B.C. requirements.
1. Residential unit's supporting mechanical equipment shall be allowed within side yard setback area
with a minimum three foot clearance to the side property line.
D. Allowable Resort Residential Units and Commercial Uses. The density of the allowable units
is determined by the underlying General Plan land use designation.
The eating and drinking facilities, small accessory retail and personal service shops, and recreational
buildings shall be an integral part of the development. These facilities shall not utilize more than five acres
of the total site.
E. Transient Occupancy Tax. Resort residential shall be applicable to all provisions of Chapter
3.24 of the Municipal Code.
Add new Section 9.60.330 Residential Tract Development Review.
A. Purpose. The purpose of this Section is to:
1. Provide architectural guidelines to insure a varied and aesthetically attractive view from the
street as well as from the lot for all new tracts and country clubs.
2. Provide for an increased spatial variety in plotting of units.
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 14
3. Provide for an attractive project entrance
B. Applicability. The provisions of this Section shall apply to all residential tracts.
C. Site Development Permit Required. All projects subject to these guidelines shall obtain
approval of a Site Development Permit from the Planning Commission as a business item, unless required
otherwise.
D. Design Guidelines.
1. Each prototype plan proposed shall be provided with a minimum two different front elevations
with structural changes (roof type, height, etc.) to insure a varied and marked difference.
2. No more than one of each prototype plan shall have a continuous (one height) roof (such as a
hipped or gable) when viewed from the front and rear of the unit.
3. Any side of a residential unit that is flat (one continuous plane) and has windows (2' X 2' or
larger) and doors provided with plastered or wood surrounds (3" minimum depth) on at least
two sides of the frame.
E. Project Entrance.
1. Vehicular entrances into projects shall be provided with an enhanced design. This shall
include, but not be limited to, increased landscaping quantities and sizes, earth berming,
upgraded corner wall design and project identification sign.
Add new Section 9.60.340. Custom Home Design Guidelines.
A. Purpose. Because custom home subdivisions and projects have homes that are individually
designed and constructed by property owners, design guidelines.
B. Applicability. The provisions of this Section shall apply to subdivisions and residential
projects which are entirely or partially made up of custom homes.
C. Site Development Permit Required. All projects subject to these guidelines shall obtain
approval of a Site Development Permit from the Planning Commission as a business item, unless required
otherwise.
D. Planning Commission Approval. The design guidelines shall include, but not be limited to,
the following:
1. Statement that compliance with minimum design standards is required (i.e., setbacks, lot
coverage, building height, landscaping, unit size, screening, garages, etc.). These standards
may be more restrictive than City requirements.
2. Standards for architectural style materials, and colors, etc., of residences and related
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 15
construction.
Amend Section 9.70.010.D. by adding
9.100.290 Fugitive Dust Control ................................................ 100-34
Amend Section 9.80.030 as follows:
In accordance with General Plan Policies 2-3.1.6 through 2-3.1.8, single family residential uses may
be established in the CR District outside the NR Nonresidential Overlay. 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. 9.30.080 with regard to common open area and perimeter landscaping
with the exception of single family residential.
Amend Section 9.80.040 Table of Permitted Uses by adding:
7. "S": Permitted under a specific plan
Amend Table 9-5 Permitted Uses in NonResidential Districts as follows:
Residential Uses
Golf courses and country clubs (see GC District
permitted uses, Chapter 9.120)
C
A
C
X
C
A
P
Driving Range Unlighted
P
A
C
X
P
A
P
Tennis clubs or complexes
C
A
C
X
C
A
C
Health clubs, martial arts studios, and dance studios,
5000 sq/ft floor area or less
P
P
P
P
P
P
A
Residential, Lodging, and Child Care Uses
Single family residential
S
X
X
X
X
I X
X
Mixed -use projects: residential and office/commercial
S
X
X
X
X
X
X
RV Rental Parks and Ownership/Membership Parks
C
X
X
I X
I C
X
X
Resort Residential
S
X
SFX
S
X
X
Delete:
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 16
Bed __ Bteeiefast iftns
ii
Amend:
Other Uses
Sexually -oriented businesses, subject to §9.110.080* I C I X I X I X I X I X I X
Amend Section 9.90.020 Roof Projections
B. Antennas. Satellite dish or other antennas shall not extend above the maximum structure height
specified in Table 901 (see Chapter 9.170 for Communication Towers and Equipment regulations and
Section 9.100.070 Satellite and Other Antennas).
Amend Table 9-6 Non Residential Development Standards
11 Max. Building Height (ft.)1, 6 50 1 35 1 40 1 35 1 40 1 40 1 40 I
Amend the Section page number for Chapter 9.100 and add new Section
9.100.240 Service Station Standards ............................................. 100-31
9.100.290 Fugitive Dust Control ................................................ 100-34
Amend Section 9.100-030.D.1.b. and add F.
D.1. b. 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 an-
other alley right-of-way on the other if parkway width is less than 12-feet wide.
F. Prohibited Fence Materials. The use of barbed wire, razor wire or similar materials in or on
fences is prohibited in all Nonresidential Zones. In addition, chain link fencing is prohibited in any location
where it is readily visible from off the site.
Amend Section 9.100-040 by adding the following:
B.7. Perimeter setback and parkway areas in the street right of way shall have berms and mounds
to screen parking areas in the adjacent commercial property. One hundred percent (100%) of
the longitudinal length adjacent to the street shall have berms and mounds exceeding three feet,
but not more than four feet. The berms and mounds shall be undulated and fluctuating in
position to accommodate the meandering sidewalk and shall cover not less than 65% of the
landscape setback area. Incidental storm water that falls on said setback areas may be retained
on the setback area.
C. Use of Landscape Setback Areas for Retention along Highway 111 only. The landscape
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 17
setback area shall not be used for storm water retention for storm water falling on the project site, but may be
used for some storm water retention for storm water falling within the setback area itself and the adjacent
street right of way provided the retention areas are designed to the following guidelines:
1. The maximum depth of the depressed areas for storm water retention shall not exceed 2.0 feet
below the adjacent street curb.
2. The maximum slope steepness shall not exceed 4:1 anywhere in the landscaped setback area,
and shall not exceed 8:1 in the first six feet adjacent to the curb in the right of way.
3. The basin areas shall have a curvilinear perimeter.
4. The sidewalk shall not enter any retention area where the sidewalk may be subject to
inundation by any 50-year storm.
Amend Section 9.100.050.D.7.c.
D.7. c. Berms. Landscaped berms may be used for screening or in combination with
walls, solid fences, and plant screens.
Delete Section 9.100.050.D.8.
Amend Section 9.100.060 as follows:
A.2. Height and Placement. Except as specified in Subsection 3.a 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.
B.1. Where fences and walls are limited to a maximum height of 2y2 feet as specified in Section
9.100.030 (Fences and Walls).
Amend Section 9.100.070 as follows:
A.1. 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).
2. Permitted Accessory Antennas other than those described above. Roof -mounted antennas
screened from a horizontal line of sight and ground -mounted antennas which do not exceed
ten feet in height and which meet the requirements of Subsection B of this Section may be
permitted as accessory structures without a minor use permit. All other antennas shall require
approval of a minor use permit.
B.2. A ground -mounted antenna which is an accessory use shall be located within the rear yard
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 18
(minimum 5-foot from the rear property line) or may be located within a side yard if not
within the required side yard setback. Ground -mounted antennas are prohibited from exterior
(street) side yards unless not visible from the street.
Amend Section 9.100.100.1 as follows:
1. Fresh produce and flowers may be sold from a temporary sales facility. The temporary use
permit for a sales facility shall include permitted dates of operation.
Amend Section 9.100.110 as follows:
A. Definition. Outdoor vendors include hotdog stands, ice cream carts, and similar retail uses
which utilize a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size and
design suitable for placement on a private sidewalk, plaza, or pedestrianway.
BA. The outdoor vending use shall not be located on a public sidewalk or within a public street
right-of-way.
Amend Section 9.100.120.A. as follows:
A. Purpose. This Section provides regulations for the permanent outdoor storage and display of
merchandise, materials and equipment.
Amend Section 9.100.130 as follows:
B.2. A special commercial event means the temporary outdoor display and sale of merchandise, not
necessarily sold indoors at the same location, arts and crafts shows, entertainment, or similar
events within a commercial center.
C.2. A sidewalk sale or a special commercial event may be conducted over a maximum of four
consecutive days and no more than once within four calendar months at any location. Each
such event shall require the approval of a temporary use permit. Special commercial events
which benefit nonprofit organizations, can be held more than once every four months if
conducted on sidewalk areas and approved by the Community Development Director
regardless of who is sponsoring, or participating in the event.
Amend Section 9.100.140 by adding GA.
GA. Illuminated Awnings. The use of lighting inside a transparent or translucent ground or wall
mounted awning is prohibited.
Delete Section 9.100.150.G.1. and add the following:
M. Display Lighting Use. With the approval of a Minor Use Permit, searchlights and laser lights
may be used. Display lighting is defined as a beam of light projected into the sky. This type
of lighting shall comply with the following requirements:
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Permits shall be issued for grand openings only. A grand opening shall commemorate an
initial building or project opening, a change in ownership of an existing business, or
remodel/enlargement of over 50% of the floor area or a new business in an existing building.
2. The only uses allowed to apply for this permit are: shopping centers with not less than 50,000
square feet of least area, hotel with 50+ rooms, or part of an automall.
The application for a permit must be received two weeks prior to the event commencing.
4. Hours of operation should be limited from dusk to 10:00 p.m.
5. Use of the display light(s) is limited to a maximum period of six days per calendar year.
6. Section 5.64.060 of the Municipal Code, regarding use of searchlights shall be complied with.
7. Use of display lights may be in conjunction with an entertainment event or similar activity.
8. FAA approval shall be obtained prior to each event, if required.
Amend Section 9.100.170 as follows:
The temporary placement of a trailer, recreational vehicle, or relocatable building or the temporary
use of a permanent structure on an active construction site for use as a construction and/or watchman's
quarters, and the establishment of a materials and equipment storage yard, shall be permitted subject to
approval of a temporary use permit and the following requirements:
Amend Section 9.100.250 Child Care Centers as follows:
9.100.250 Child Care Centers.
Child care centers or preschools in nonresidential districts shall conform to the following requirements
regardless of the number of children served by the facility:
A conditional use permit shall be required to establish a child care center per Section
9.210.020. In addition, all facilities shall comply with this Section and with any additional
requirements imposed as part of the conditional use permit or by any other applicable permit.
2. All facilities shall be licensed and operated in accordance with state, county, and local health,
safety, and other regulations.
Amend Section 9.100.260.3 to 9.100.260.2:
3. All facilities shall be operated in accordance with state, county, and local health, safety, and
other regulations.
Amend Section 9.100.280 as follows:
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The erection, placement, construction and maintenance of bus benches and bus shelters shall be
regulated in accordance with established City policies and procedures in conjunction with the Sunline
Transit Joint Powers Authority.
Add a new Section:
Section 9.100.290 Fugitive Dust Control.
Compliance with Chapter 6.16, Fugitive Dust Control, is required for applicable land uses and
construction and demolition activities.
Amend TABLE 9-11: PARKING FOR RESIDENTIAL LAND USES
Lodging and Child Care Uses
Child care centers, including
preschools and nursery
schools
1 space per staff member plus 1
space per 5 children. Parking credit
may be given if queuing area for
more than 4 cars is provided, but
resulting parking shall be not less
than 1 per staff member plus 1 per
10 children
Recreational Vehicle Parks One automobile parking space on
each recreational vehicle lot plus
one space per 20 recreational lots
for visitors.
Add a new Chapter:
Stacking analysis may be
required to define a drop-
off facility that
accommodates at least four
cars in a continuous flow,
preferably one-way, to
safely load and unload
children
CHAPTER 9.185: RECREATIONAL VEHICLE PARK
Sections:
9.185.010
Purpose and Intent ..................
185-1
9.185.150
Common Recreation Area ............
185-6
9.185.020
Definitions .........................
185-1
9.185.160
Screening ..........................
185-6
9.185.030
Permitted Zone Districts
185-2
9.198.170
Exterior Lighting ...................
185-6
9.185.040
Applicability .......................
185-2
9.185.180
Improvement of Spaces ..............
185-6
9.185.050
Occupancy
p y
185-2
9.195.190
Automobile Parking .................
185-6
9.185.060
Prohibited Uses .....................
185-3
9.185.200
Accessways and Roads ...............
185-6
9.185.070
Accessory Structures
185-3
9.185.210
Outdoor Storage ....................
185-7
9.185.080
Prohibited Accessory Structures .......
1854
9.185.220
Trash Removal .....................
185-7
9.185.090
Coverage ..........................
1854
9.185.230
Utilities ...........................
185-7
9.185.100
Density1854
9.185.240
Movement of Recreational Vehicles ....
185-7
9.185.110
Area of Parks and Lots ..............
185-5
9.185.250
Subdivision of Lots ..................
185-8
9.185.120
Frontage of Parks and Lots ...........
185-5
9.185.260
Conflicts with Zoning District
9.185.130
Setbacks and Yards .................
185-5
Requirements ..................
185-8
9.185.140
Landscaping .......................
185-5
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9.185.010 Purpose and Intent.
These regulations are intended to provide for development of recreational vehicle rental parks and
ownership/membership parks. In a manner which will be compatible with surrounding properties. This
Chapter is to define various types of recreational vehicle parks and recreational vehicle campgrounds,
and to provide for their proper development, as opposed to mobile home parks, and to provide a
reasonable compatibility with adjoining properties while allowing a diversity of uses.
9.185.020 Definitions..
For the purposes of this Section, the following definitions shall apply.
A. "Recreational Vehicle" means, as defined by Section 18010 of the California Health and Safety
Code, a motor home, travel trailer, truck camper, or camping trailer, with or without motor power,
designed for human habitation for recreational or emergency occupancy, which meets all of the
following criteria:
1. It contains less than 320 square feet of internal living room area, excluding sliders, and built-
in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or
fixtures, and bath or toilet rooms.
2. It is built on a single chassis.
3. It is either self-propelled, truck -mounted, or permanently towable on the highways without
a permit.
4. It is constructed in accordance with Standard No. Al19.2 of the American National
Standards Institute, as may be changed by the regulations of the State Department of
Housing and Community Development.
B. "Recreational Vehicle Park" means, a recreational development containing active recreational
amenities and lots for the parking of recreational vehicles, as temporary residences. For the purpose
of this Code, recreational vehicle parks are further defined as either:
1. Rental Parks, where the recreational vehicle park is owned by a single owner or organization
and all recreational vehicle lots are rented or leased for a period not exceeding 210 days in
any one year.
2. Ownership/Membership Parks, where the recreational vehicle lots are owned by individuals,
but the park itself and the amenities, including common areas, are maintained by a
homeowner association or other organization in which all recreational vehicle owners must
maintain membership, or in which the individual lots are owned by an overall membership
organization, of which individual recreational vehicle owners are members, provided in any
circumstances the lots are not occupied for a period exceeding 210 days in any one year.
C. "Recreational Vehicle Lot", means that part of a recreational vehicle park for the exclusive use
of the occupants of a recreational vehicle. The recreational vehicle lot shall include the exclusive
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adjoining parking space and the required open space around the recreational vehicle. An RV lot may
be rented, leased, or, if permitted, herein, purchased as a separate parcel of land.
9.185.030 Permitted Zone Districts.
A recreational vehicle park is permitted in the CR and CT Districts by an approved conditional use
permit. Such a use is not permitted in any other district.
9.185.040 Applicability.
The following uses are permitted in all parks subject to the provisions of this chapter:
A. Placement of recreational vehicles for nonpermanent residency. Note per City definition a
recreational vehicle does not include mobile homes.
B. Permanent residency for manager or other employees in the operation of the park in a detached
single family residence.
C. Delicatessen, RV accessories, snack bar and food store, provided this use is fully contained in
a social or recreation center at least 100 feet from any property line of the recreational vehicle park, and
serving only park guests.
D. Similar uses: The Planning Commission may, by the conditional use permit approval process,
permit any other uses which it may determine to be similar to those listed above, operated exclusively
for the convenience of recreational vehicle park residents, and not more detrimental to the public health,
safety and welfare, or to other uses permitted in the park, as provided in this Code. All uses shall be
subject to the property development standards contained herein.
9.185.050 Occupancy.
A. Rental Parks: The length of occupancy in a recreational vehicle in any one lot shall not exceed
210 days in any one year.
B. Ownership/Membership Parks: The length of occupancy in a recreational vehicle in any one lot
shall not exceed 210 days in any one year.
C. As to Subsections "A" and "B" of this Section, the limitation upon total number of days of
occupancy shall apply to any particular recreational vehicle or park trailer, wherever it may be located
within the recreational vehicle park. No single recreational vehicle or park trailer shall be permitted to
be occupied more than the specified number of days in any one recreational vehicle park in any one
year. If the length of occupancy does not exceed 30 days, Transient Occupancy Tax will be required
in accordance with Chapter 3.24.
D. "Year" for the purpose of this Section shall include any period of 365 consecutive days.
9.185.060 Prohibited Uses.
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A. Permanent Residency: Except for park management and maintenance personnel, there shall be
no permanent residency in a recreational vehicle park, nor shall any recreational vehicle or park trailer
be occupied in any such park by any person or combination or succession of persons totaling more than
the number of days specified for that type of park in Section 9.185.050.
B. Non -Residential uses: Except as otherwise expressly provided herein, no part of the park shall
be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile,
storing, vending or similar purpose or any other purpose unrelated to a recreational vehicle park.
C. Propane. The on -site sale of propane is prohibited, except from a mobile commercially -licensed
vendor.
9.185.070 Accessory Structures.
A. General: The following structures and their uses are permitted in all recreational vehicle parks:
One single family residence for the owner or manager of a recreational vehicle park. The
minimum lot area requirement for this residence shall be 6,000 square feet. The residence
may include office space for use in connection with the park operation.
3. Social and Recreational center, provided such center is at least 100 feet from any property
line of the Recreational Vehicle Park.
4. Private recreation facilities for the use of the occupants of the park and their guests, such as
swimming pool, putting greens and shuffleboard courts.
5. Common laundry facilities provided there is no dry cleaning equipment or outdoor laundry
drying.
6. Common shower, bath, and locker room facilities. Not permitted on recreational vehicle lot
as separate structure.
7. Structures to assist the handicapped.
B. Rental parks: No additional accessory structures permitted.
C. Ownership/Membership parks: Storage structures provided that:
1. The storage structure does not exceed dimensions of 10 feet in width, nine feet in depth and
seven feet in height.
2. The storage structures within a given park are similar in design, style, quality, and building
materials to other such structures or approved theme designs in the park.
3. The storage structures are located within the rear half of the RV lot.
4. There is a maximum of one storage structure per recreational vehicle lot.
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9.185.080 Prohibited Accessory Structures.
A. The following structures are prohibited within all recreational vehicle lots:
1. Any enclosed habitable buildings.
2. Garages and carports.
3. Fences.
4. Curbing for landscape areas and other decorative curbing or containers greater than six
inches in height.
5. Freestanding individual mailboxes.
9.185.090 Coverage.
The maximum coverage shall be 60% for a recreational vehicle lot. For the purpose of this section,
coverage shall include the area of the recreational vehicle, patio cover, and storage shed.
9.185.100 Density.
A. The maximum net density in the various permitted recreational vehicle parks is as follows:
1. Rental Parks: the number of recreation vehicle lots shall not exceed 15 per acre.
2. Ownership/Membership Parks: The number of recreational vehicle lots shall not exceed 12
per acre.
9.185.110 Area of Parks and Lots.
A. Park Area: Each recreational vehicle park shall have a minimum of ten acres measured from the
property lines of the park.
B. Rental Park: Minimum area of recreational vehicle lot shall be 2,000 square feet.
C. Ownership/Membership Park: Minimum area of recreational vehicle lot shall be 1,500 square
feet.
9.185.120 Frontage of Parks and Lots.
A. Park Frontage: Each recreational vehicle park shall have a minimum frontage on a public street
of 300 feet.
B. Lot Frontage: The frontage of a recreational vehicle lot shall be a minimum of 40 feet on a
interior roadway.
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9.185.130 Setbacks and Yards.
A. Setbacks for park. Setbacks in which no recreational vehicle lot or structures are to be located.
B. Setbacks. No recreational vehicle, or structure may be placed within 10 feet of a roadway,
exterior sideyard or rear lot line or within five feet of the interior side lot line.
C. Separations: The minimum distance between any recreational vehicle or park trailer and any
other recreational vehicle or park trailer shall be 10 feet.
9.185.140 Landscaping.
A. Park Yards: All required yards within a recreational vehicle park shall be fully landscaped and
irrigated. No required parking or vehicular maneuvering areas shall be permitted in required yards,
except entry roads crossing through said yards.
B. All common open areas except for natural areas, shall be landscaped and irrigated.
C. Each recreational vehicle lot shall contain at least 200 square feet of outdoor patio area
containing at least one evergreen tree to provide a shade canopy.
9.185.150 Common Recreation Area.
A. Common recreation area shall be required for all recreational vehicle parks. The recreation area
may contain social halls, swimming pools, game courts, open areas, etc. Open areas may be either
designed for active or passive recreation, provided that the slope of the land does not exceed a gradient
of 10 percent. Grades above 10 percent shall be common area, but not counted as recreation area. The
minimum amounts of common recreation area shall be provided as follows:
1. Rental Parks: 200 square feet per recreational vehicle lot.
2. Ownership/Membership Parks: 300 square feet per recreational vehicle lot.
B. The common recreation area shall be for the use of the entire park and shall not be partitioned
in any manner for the sole use of any person or group of persons.
9.185.160 Screening.
A. Screening shall be provided as required in Section 9.100.150.
9.185.170 Lighting.
A. Exterior lighting shall comply with provisions of Section 9.100.150.
9.185.180 Improvement of Lots.
All recreational vehicle lots shall contain concrete cement paved areas for automobile parking,
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outdoor patio and for the parking of the recreational vehicle, provided that no more than 70 percent of
each lot is covered with nonpermeable material.
9.185.190 Automobile Parking.
A. Parking shall comply with provisions of Chapter 9.150.
9.185.200 Driveways and Roads.
A. Driveways: Driveway to the park shall have a minimum width of 32 feet and have a clear and
unobstructed access to a public street. The driveway shall be at least 100 feet in length from the street
curb line and shall have no access to recreational vehicle lots or roadways. No vehicular parking shall
be permitted within the driveway unless specifically designated for parking pursuant to City -approved
plans.
1. Each recreational vehicle lot shall front on a road. No recreational vehicle lot shall take
access from a public street, alley or driveways.
2. No vehicular parking shall be permitted within the road unless specifically designated for
parking pursuant to City -approved plans.
9.185.210 Outdoor Storage.
No construction or flammable material, or vehicle other than a recreational vehicle shall be stored
within a recreational vehicle lot, road, or common areas except in special storage areas. Storage areas
shall be screened by an opaque living hedge or masonry wall not less than five feet in height and shall
be clearly designated on the approved plans.
9.185.220. Trash Removal.
A trash removal plan for the recreational vehicle park shall be submitted at the time of application.
This plan must include the type of trash collection facilities; location, size and number of trash
receptacles; and frequency of removal. Trash collection areas shall be fully screened and inaccessible
to animals.
9.185.230. Utilities.
A. Electrical Service. Only one power supply connection shall be made to a recreational vehicle.
Electric power supply equipment shall be located on the rear half of the recreational vehicle lot.
B. Water Service. Each lot shall be served by a domestic water supply system.
C. Sewer Service. Recreational vehicle parks shall be connected to sanitary sewerage facilities.
Each lot shall be serviced to the system by a three inch riser with "P" trap and basin designed to prevent
spillage from contaminating the ground area.
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D. Undergrounding. All utilities shall be underground.
E. Fire Hydrants. Hydrants shall be installed as required by the City Engineer.
9.185.240. Movement of Recreational Vehicles.
A. Wheels and/or similar devices shall not be removed from recreational vehicles, nor shall any
fixture be added or barrier be placed which will prevent the recreational vehicle or park trailer from
being moved under its own power or by a passenger vehicle.
B. Skirting is permitted provided it can easily be removed and there are proper openings for
ventilation.
9.185.250. Subdivision of Lots.
Subdivision to create recreational vehicle lots for sale or long-term lease is permitted within
Ownership/Membership recreational vehicle parks subject to all applicable codes.
9.185.260. Conflicts with Zoning District Requirements.
Where the provisions of this Chapter are in conflict with any other provision of the Zoning Code,
the provisions of this chapter shall govern. Where the provisions of the Chapter are silent on a matter,
other provisions of the Zoning Code shall govern.
Amend Section 9.190.020.5 as follows:
5. "Density bonuses" means transferred development rights or credits shall not be counted in
the basis for density bonuses granted for providing for affordable housing. The order in
which bonuses and transferred rights or credits are applied shall be as follows:
c. Transferred densities added to the final figure of any density bonuses. Transferred
densities shall not become a part of the base on which bonuses are figured.
d. In no case shall the sum of all density bonus and transferred densities (if all are
maximized) exceed sixty percent of the base density in the general plan.
Amend Section 9.200.100.B. as follows:
B. Procedures. 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 fee required for an amendment. Amendments shall be processed in the same manner
as an original application.
SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 28
Amend Section 9.200.110.D.1.e. as follows:
All owners of real property as shown on the last equalized assessment roll within 500 feet
of the subject real property. If the number of owners to whom notice would be mailed is
greater than 1,000, the City may instead place a display advertisement of at least one -
eighth page in a newspaper of general circulation; and
Amend Section 9.210.020 by adding "J"
J. The use permit may be modified or revoked by the City Council, or Planning Commission,
should they determine that the proposed uses, or conditions, under which it is being operated, or
maintained, is detrimental to the public health, welfare, or materially injurious to property, or
improvements in the vicinity, or if the property is operated, or maintained, so as to constitute a public
nuisance.
Amend Section 9.210.040.C. as follows:
C. Applicability. A minor adjustment permit may be approved only for deviations of up to ten
percent of a numerical development standard (for example, a reduction of one foot from a ten -foot
setback requirement) or for deviations specifically identified in this Code. Other deviations shall require
consideration of a variance pursuant to Section 9.210.030. Only one setback adjustment per lot shall
be allowed. Example -an adjustment of the front and rear yard shall not be approved.
Amend Section 9.270.050.D.1. as follows:
D.1. Residential and Nonresidential Structures. A nonconforming structure which is damaged
or partially destroyed by fire, explosion, earthquake, or other disaster to the extent of 50
percent or more of the replacement cost of the structure, as determined by the Director, shall
not be restored except in conformity with all development standards and other regulations
of this Zoning Code.
Delete Section 9.270.050.D.4
Amend Section 9.280 Definitions as follows:
Employee's quarters means quarters, without cooking facilities, for the housing of domestic
employees and located upon the same building site occupied by their employer.
Guest house means a 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, their non-paying guests, and domestic employees.
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