ORD 588 Dev Code Tune UpORDINANCE NO. 588
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
SECTIONS OF TITLE 9 OF THE LA QUINTA
MUNICIPAL CODE RELATED TO STREAMLINE
DEVELOPMENT PROCESS AND STANDARDS
PROJECT:
ZONING ORDINANCE AMENDMENT 2020-001
WHEREAS, the City Council of the City of La Quinta, California did, on
the 19th day of January 2021, hold a duly noticed public hearing for review of
a City-initiated request of Zoning Ordinance Amendment 2020-0001 to amend
sections of Title 9 of the La Quinta Municipal Code; and
WHEREAS, previous to said Public Hearing, the Planning Commission
of the City of La Quinta did, on December 8, 2020, held a duly noticed public
hearing, and after review and consideration of this item, and hearing all public
testimony, adopted Planning Commission Resolution 2020-011 to recommend
to the City Council adoption of said code amendments; and
WHEREAS, the Design and Development Department published a public
hearing notice for this request in The Desert Sun newspaper on January 8,
2021, as prescribed by the La Quinta Municipal Code; and
WHEREAS, Sections of Title 9 of the La Quinta Municipal Code address
permitted uses, development standards, development review and permitting
procedures; and
WHEREAS, the proposed zoning text amendments are necessary to
streamline the development process and standards; and
WHEREAS, the proposed zoning text amendments are necessary to
implement the General Plan 2035 adopted by the City Council at their regular
meeting on February 19, 2013; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be
heard, the City Council did make the following mandatory findings to justify
adoption of said Zoning Ordinance Amendment:
Ordinance No. 588
Amendments to Sections of Title 9
Adopted: February 2, 2021
Page 2 of 31
1. Consistency with General Plan
The code amendment is consistent with the goals, objectives and
policies of the General Plan. The proposed amendments are supported
by Policy LU-1.2 for land use decisions to be consistent with General
Plan policies and programs and uphold the rights and needs of property
owners and the public, Goal LU-2 for high quality design that
complements and enhances the City, and by Goal LU-5 to offer a broad
range of housing types and choices for all residents of the City;
2. Public Welfare
Approval of the code amendment will not create conditions materially
detrimental to the public health, safety and general welfare. The
amendment streamlines the development review process and clarifies
language in the La Quinta Municipal Code and does not incorporate any
changes that affect the regulation and/or provision of public services,
utility systems, or other foreseeable health, safety and welfare
considerations.
NOW, THEREFORE, the City Council of the City of La Quinta does
ordain as follows:
SECTION 1. Several Sections of Title 9 shall be amended as written in
“Exhibit A” attached hereto and incorporated by this reference.
SECTION 2. That the City Council does hereby approve Zoning
Ordinance Amendment 2020-0001, as set forth in enclosed “Exhibit A” for the
reasons set forth in this Ordinance.
SECTION 3. The proposed zone text amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality
Act of 1970" (CEQA) as amended (Resolution No. 83-63). The zone text
amendments are consistent with the previously approved findings of the
General Plan 2035 EIR (Environmental Assessment 2012-622) as the
proposed amendments implement the goals, policies, and programs of the
General Plan.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and
effect thirty (30) days after its adoption.
SECTION 5. POSTING: The City Clerk shall, within 15 days after
passage of this Ordinance, cause it to be posted in at least three public places
designated by resolution of the City Council, shall certify to the adoption and
posting of this Ordinance, and shall cause this Ordinance and its certification,
Ordinance No. 588
Amendments to Sections of Title 9
Adopted: February 2, 2021
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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, except as provided in Section 9.40.020, “Conditions for varying residential densities.”
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards. Chapter 9.50 provides development standards.
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 one hundred fifty feet of the edge of right-of-way of the following general plan-
designated image corridors:
A. Image Corridors: All buildings shall not exceed twenty-two feet in height. Any
proposed building height over twenty-two feet requires minor use permit approval and shall
not exceed a maximum building height of the existing zone.
B. Rear yard setbacks for residential units abutting the image corridors shall be a minimum
of twenty-five feet. The RVL development standard shall be required as specified in Section
9.30.020. (Ord. 550 § 1, 2016; Ord. 341 § 1, 2000; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)
9.50.030 Table of development standards.
A. Definitions. See Chapter 9.280.
B. Table of Standards. Table 9-2 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 9-2 shall apply if special zoning symbols described
in Section 9.20.030 are designated on the official zoning map.
Table 9-2 Residential Development Standards
Development Standard District
RVL RL RC RM RMH RH
Minimum lot size for single-
family dwellings (sq. ft.) 20,000 7,200 7,200 5,000 3,600 2,000
Minimum project size for
multifamily projects (sq. ft.) n/a n/a n/a n/a 20,000 20,000
Minimum lot frontage for
single-family dwellings (ft.)1 100 60 60 50 40 n/a
EXHIBIT A
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Minimum frontage for
multifamily projects (ft.) n/a n/a n/a n/a 100 100
Maximum structure height
(ft.)2 28 28 17 28 28 40
Maximum number of stories 2 2 1 2 2 3
Minimum front yard setback
(ft.)3 30 20 20 20 20 20
Minimum garage setback
(ft.)4 30 25 25 25 25 25
Minimum interior/exterior
side yard setback (ft.)5, 7 10/20 5/10 5/10 5/10 5/10 10/15
Minimum rear yard setback
(ft.)7 30
20 for
new lots
and 10
for
existing
recorded
lots8 10 15 15 20
Maximum lot coverage (% of
net lot area) 40 50 60 60 60 60
Minimum livable area
excluding garage (sq. ft.) 2,500 1,400 1,200 1,400
1,400
(multifamily:
750)
750 for
multifamily
Minimum common open
area6 n/a n/a n/a 30% 30% 30%
Minimum/average perimeter
landscape setbacks (ft.)6 10/20 10/20 n/a 10/20 10/20 10/20
Symbol Description of Special Zoning Symbols Used as per Section 9.20.030
60-RM-10,000
17/1
60-foot minimum lot frontage, medium density residential zoning, 10,000 square
foot minimum lot size, 17-foot maximum building height at one story
RL 10,000
17/1
Low density residential zoning, 10,000 square foot minimum lot size, 17-foot
maximum building height at one story
RM
17/1
Medium density residential zoning, 17-foot maximum building height at one
story
RL
17/1 Low density residential zoning, 17-foot maximum building height at one story
* As shown on the approved specific plan for the project.
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** As provided in the underlying base district.
1 Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 feet.
2 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings
within 150 feet of any general plan-designated image corridor, except in the RC zone, which is 17 feet. Any proposed
building height over twenty-two feet requires minor use permit approval and shall not exceed a maximum building height of
the existing zone.
3 For non-garage portions of dwelling only. Also, projects with 5 or more adjacent single-family dwelling units facing the
same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape
monotony.
4 For all but RVL district, minimum garage setback shall be 20 feet if “roll-up” type garage door is used. Also, for side-entry
type garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other residential districts.
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 5 feet plus 1 foot for every foot over 17 feet in height or fraction
thereof, to a maximum setback of 10 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 side yard property line. For interior setbacks, if the building is over 28 feet in height
the setback is 10 feet plus 1 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.
6 Common open area and perimeter landscape requirements do not apply to single-family detached projects unless a specific
plan is required. Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to
perimeter streets: first number equals minimum at any point; second number equals minimum average over entire frontage
(thus, 10/20). See Section 9.60.230 and additional landscape/open area standards.
7 Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with the exception
of RVL zone district where it only applies to the side yard.
8 Existing recorded lots prior to May 1, 1997.
(Ord. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 466 § 1, 2009; Ord. 434 § 2,
2007; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)
9.50.090 Architectural Design standards.
In addition to the requirements of Chapter 9.30 (Residential Districts) and Chapter 9.60
(Supplemental Residential Regulations) the following shall be required for homes:
A. Requirements.
1. Architectural Design Guidelines. The city council shall, by resolution, adopt
architectural design guidelines to be used as guidelines in reviewing landscape
materials, architectural style, exterior building materials, colors, and mass and scale;
2. 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;
3. Landscaping. All front and exterior side yards shall be landscaped to property line;
4. The landscaping shall include trees, shrubs and ground cover of sufficient size,
spacing and variety to create an attractive and unifying appearance;
5. An irrigation system shall be provided for all areas required to be landscaped;
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6. The landscaping shall be continuously maintained in a healthy and viable condition;
7. Earth fill shall not exceed what is necessary to provide minimum required drainage
to the street;
9.60.030 Fences and walls.
A. Purpose. 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. Rear and side yards shall be completely enclosed and screened by view-
obscuring fencing, walls, or combinations, unless:
1) Adjoining property owners waive the rear or side yard fencing requirements; or
2) The fence abuts open space, such as golf course, lake front, or similar areas; or
3) A Minor Use Permit is approved by the Design and Development Director for an
alternative approach.
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:
1. Open railings, up to forty-eight inches high, placed on top of a retaining or
other wall and required for pedestrian safety shall not be included in the height
measurement.
2. Fences less than thirty 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 thirty inches or more apart
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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. 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 a main building may be
constructed, the maximum freestanding fence height shall be twelve 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 with the exception of the RC district.
3. Setback Areas Bordering Streets, Alleys and Other Accessway.
a. Within all districts, the maximum fence height shall be six feet within any
front, 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 nine feet in overall height and five feet interior
width may be constructed over a gate on a lot provided the arch/trellis is
integrated into the fence/gate design. The director may refer arch designs
exceeding the standard to the planning commission for approval.
d. Any portion of a building site where vehicular access is taken shall
conform to the access intersection requirements of subsection (C)(4) 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.
f. 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;
4. Adjacent to a Nonresidential Zone or Use. The maximum fence height between
a residential zone or use and a nonresidential zone or use shall be eight feet.
a. The height of fences, trees, shrubs and other visual obstructions shall be
limited to a maximum height of thirty inches within the triangular area
formed by drawing a straight line:
i. Between two points located on and twenty feet distant from the point
of intersection of two ultimate street right-of-way lines.
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ii. 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 twelve feet wide.
b. For purposes of this code, “point of intersection” means 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 subdivision shall apply to fences, walls,
trees, shrubs, vegetation, or any other material which obstructs or may
obstruct visibility.
D. Gates.
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 No. 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 thirty-six 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 five feet in width, except that gates
may be any width within side yard setbacks of at least twelve feet.
E. Fence Construction and Materials. All fencing in residential districts shall conform
to the following construction and material standards:
1. Wood and Vinyl Fencing.
a. Except for gates, split two-rail fencing, and for equestrian fencing
regulated by Section 9.140.060, wood and vinyl or similar recycled fencing
materials are permitted in rear or interior side yards only, and only if not
visible from the street. Wood-framed fencing with a stucco finish is
permissible in any location on the lot provided the color of the masonry or
stucco matches or complements the adjacent wall or structure. 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 No. 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.
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Amendments to Sections of Title 9
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c. All vinyl or similar recycled fencing material shall be constructed of an
aluminum-reinforced non-reflective material that contains antistatic and UV-
radiation inhibiting additives.
d. Fence boards may be horizontal or vertical. Support posts shall be a
minimum of nominal four inches by four inches redwood, pressure-treated
lumber, tubular steel or block and installed per the Uniform Building Code.
e. Split Rail Fencing. Split two-rail fencing shall be allowed in the front yard
or along the front property line with columns a maximum height of four feet
and three feet for the top rail. All columns shall be cemented with footings.
Materials for the columns shall be wood, brick, or block. The rails may be
either wood or other non-wood products that have the appearance of split
rail. A building permit shall be obtained prior to construction.
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.
5. Other Materials. Other fence materials or combination of fence materials such
as, but not limited to, corrugated metal, bamboo, and glass may be permitted in
the front or street side yard by the director in conjunction with approval of a
building permit for fence construction if the permit application includes a
materials sample, a site plan with proposed fence alignment, photographs of the
main dwelling, and the following findings are made:
a. The design of the fence, including, but not limited to, the architectural
style, materials, colors, architectural details, and other architectural elements
is compatible with a main dwelling existing on site or in development review
at time of application.
b. The fence meets all screening requirements.
c. The material(s) are of good and durable quality.
d. The material(s) will not be detrimental to the health, safety and general
welfare of the community in the area.
F. Fence Landscaping and Maintenance.
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Amendments to Sections of Title 9
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1. Landscaping. The area between the back of curb and any fencing shall be
landscaped, have a suitable permanent irrigation system, and be continuously
maintained by the property owner.
2. Maintenance. All walls 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 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 9.210.025. Said
minor use permit shall not be approved until a permit for grading, or construction, has
been filed for, whichever comes first.
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 nonconformance with these
standards otherwise increased. Any fence which is destroyed or damaged to the extent
of more than fifty percent of its total replacement value shall not be repaired, rebuilt,
or reconstructed except in conformance with these standards. (Ord. 584 § 2, 2020;
Ord. 560 § 1, 2017; Ord. 550 § 1, 2016; Ord. 466 § 1, 2009; Ord. 378 § 1, 2002; Ord.
361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)
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 eighteen inches 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:
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 is
adjacent to common open area.
2. Filtering and Heating Equipment. Use of equipment shall comply with the
following requirements:
a. Mechanical pool equipment such as a pump, filter, or heater, may be
located within the front or rear yard areas. The equipment shall be enclosed
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on at least three sides by a masonry wall with an open side not visible to the
street.
b. Mechanical pool equipment may be in an area between the side property
line and the residence provided a five foot side yard, clear of any permanent
obstructions is maintained between the side yard property line and any
mechanical pool equipment.
c. Where there is no side property line wall, mechanical pool equipment
may be in a side yard of five feet or less only if a recorded easement in
perpetuity exists for the subject property to use the adjacent side yard of the
abutting property for access and a minimum five feet distance between the
equipment and adjacent obstruction (i.e., building wall) is provided.
d. Mechanical pool equipment may be in a side yard of five feet or less if
approved by the Design and Development Director if extenuating
circumstances exist and there is a three foot clearance of any permanent
obstructions.
3. Fencing Requirements. All pools shall be fenced in accordance with the
provisions of the city’s building code Chapter 8.02, state law and other applicable
laws and ordinances.
4. Screening shall be provided as required in Section 9.60.140(B)(2). (Ord. 577 §
1, 2019; Ord. 550 § 1, 2016; Ord. 361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 299 § 1,
1997; Ord. 284 § 1, 1996)
9.60.075 Ground mounted mechanical equipment.
Use of equipment shall comply with the following requirements:
A. Ground mounted mechanical equipment such as air conditioner condensing units,
water softeners, etc., may be located within the rear yard areas. For lots of five
thousand square feet or less, said equipment can be in the front yard if there is a wall
around the yard, or it is screened by a masonry wall.
B. Where there is no side yard property line wall, mechanical equipment may be in an
area between the side property line and the residence provided a five-foot side yard,
clear of any permanent obstructions is maintained between the side yard property line
and any mechanical equipment.
C. Mechanical equipment may be in a side yard of five feet or less if: (1) a recorded
easement in perpetuity exists for the subject property to use the adjacent side yard of
the abutting property for access and a minimum five feet distance between the
equipment and adjacent obstruction (i.e., building wall) is provided; or (2) if approved
by the Design and Development Director if findings are made that extenuating
circumstances exist. (Ord. 577 § 1, 2019; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord.
361 § 1, 2001)
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9.60.090 Accessory dwelling units.
A. Purpose. This section provides standards and criteria for the establishment
of accessory dwelling units and junior accessory dwelling units within residential
districts, consistent with California Government Code Section 65852.2.
Accessory dwelling units shall be permitted only in the RVL, RL, RC, RM, RMH,
and RH zone districts.
B. Definitions. See Chapter 9.280. For purposes of this section, “second
residential unit,” “second dwelling unit,” “second unit,” and “granny flat” as
defined in Section 9.280.030 (or successor section) shall not apply, and, instead,
“accessory dwelling unit” as defined in California Government Code Section
65852.2(i)(4) (or successor section in the Government Code) shall apply. An
accessory dwelling unit shall be either “attached” or “detached” to the primary
residence as described in Government Code Section 65852.2(i)(4) (or successor
statute). In addition, the following definitions shall apply for purposes of this
section:
1. “Junior accessory dwelling unit” means a unit that is no less than 150
square feet and no more than 500 square feet in size and contained entirely
within a single-family residence. A junior accessory dwelling unit may include
separate sanitation facilities, or may share sanitation facilities with the
existing structure.
2. “Living area” shall have the same meaning as California Government
Code Section 65852.2(i)(1) (or successor section in the Government Code),
notwithstanding any provision in Section 9.280.030 of this code to the
contrary.
3. “Primary residence” shall have the same meaning as “Dwelling,
single-family detached” or “single-family detached dwelling” as defined
in Section 9.280.030 (or successor section).
4. “Public transit” means public mass transit that has a major transit stop
or bus stop along a high- quality transit corridor as described in California
Public Resources Code Section 21155(b) (or successor statute).
C. Standards for Accessory Dwelling Units. Subject to allowances set forth in
subsection D, the following standards shall apply to accessory dwelling units:
1. An accessory dwelling unit shall be consistent with the provisions of the
applicable zoning district in which it is constructed.
2. An accessory dwelling unit shall only be permitted on a lot in which the
primary residence and all other structures thereon conform to all minimum
requirements of the applicable zoning district.
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3. The lot shall contain an existing primary residence at the time an
application for an accessory dwelling unit is submitted, or the application
for the accessory dwelling unit may be made in conjunction with the
development of the primary residence.
4. . The accessory dwelling unit must either be attached to, or located
within the proposed or existing primary dwelling, including attached
garages, storage areas or similar uses, or an accessory structure; or
detached from the proposed or existing primary dwelling and located on
the same lot as the proposed or existing primary dwelling.
5. Prior to issuance of occupancy approval of the accessory dwelling unit,
the city shall require the property owner to enter into a restrictive covenant
with the city that the accessory dwelling unit shall not be sold, or title
thereto transferred separate from that of the lot or the primary residence;
and that the accessory dwelling unit shall be rented for terms longer than 30 days
6. The maximum increase in gross floor area of an attached accessory
dwelling unit shall not exceed fifty percent of the existing primary residence.
7. The minimum gross floor area of an accessory dwelling unit shall be four
hundred square feet, except that the minimum gross floor area of an
accessory dwelling unit that qualifies as an efficiency unit under California
Health and Safety Code Section 17958.1 (or successor statute) shall be
one hundred fifty square feet.
8. The maximum gross floor area of a detached accessory dwelling unit
shall not exceed one thousand two hundred square feet.
9. An accessory dwelling unit shall have no more than two bedrooms.
10. The accessory dwelling unit shall be architecturally compatible with the
primary residence and surrounding residential neighborhood. If a dispute
arises whether the accessory dwelling unit is architecturally compatible
with the primary residence, review of the application for the accessory
dwelling unit shall be processed as any other design review application
under the code but limited to the determination of architectural
compatibility. For purposes of this section, “architecturally compatible”
means that the accessory dwelling unit generally has the same or
substantially similar architectural style, construction and structure
materials, paint pallette or scheme, and other prominent design features,
as the primary residence.
11. No attached accessory dwelling unit shall cause the height of the
primary residence to exceed the height limitation for the applicable zoning
district. If the attached accessory dwelling unit is not located above any
portion of an existing primary residence, the maximum height of the
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Page 16 of 31
accessory dwelling unit shall not exceed the height of the primary
residence.
12. A detached accessory dwelling unit shall not exceed seventeen feet in
height nor more than one story.
13. No setback shall be required for an existing living area or accessory
structure or a structure constructed in the same location and to the same
dimensions as an existing structure that is converted to an accessory
dwelling unit or to a portion of an accessory dwelling unit, and a setback
of no more than four feet from the side and rear lot lines shall be required
for an accessory unit that is constructed not converted from an existing
structure or a new structure constructed in the same location and to the
same dimensions as an existing structure.
14. An attached accessory dwelling unit may have a separate entrance;
provided, however, in no event shall any external stairwell be placed within
the front or side yard setback.
15. An accessory dwelling unit shall contain separate kitchen and bathroom
facilities.
16. All attached and detached accessory dwelling units shall be equipped with
approved smoke detectors conforming to the latest Uniform Building Code
standards, mounted on the ceiling or wall at a point centrally located in an
area giving access to rooms used for sleeping purposes.
17. In addition to the required parking for the primary residence, one additional
off- street parking space shall be provided per accessory unit or per
bedroom of the accessory unit, whichever is less, on the same lot as the
accessory dwelling unit. One parking space shall be provided for each
efficiency unit as defined under California Health and Safety Code Section
17958.1 (or successor statute). Subject to the allowances in subsection D,
no variance or adjustment shall be granted to allow substandard parking
spaces or locations.
18. All construction, structural alterations or additions made to create an
accessory dwelling unit shall comply with current building, electrical, fire,
plumbing and zoning code regulations.
19. Accessory dwelling units shall not be required to provide fire sprinklers if
they are not required for the primary residence.
20. In the event of any conflicts between the standards set forth in this
section and those set forth in the regulations of the applicable zoning
district, the provisions of this section shall prevail.
21. The applicant shall pay to the city all applicable fees imposed on such
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new development of an accessory dwelling unit or new or rehabilitated
primary residence that will include an accessory dwelling unit.
22. The city manager or authorized designee may add other conditions,
consistent with general law and applicable state and city standards, as
necessary to preserve the health, safety, welfare and character of the
residential neighborhood; provided, however, that such conditions shall
not unreasonably restrict the ability of an applicant to create an accessory
dwelling unit.
D. Allowances for Qualifying Accessory Dwelling Units. In accordance with
California Government Code Section 65852.2, as amended the following
allowances apply for qualifying accessory dwelling units.
1. Parking Requirement Exemptions. If one or more of the following criteria
is met: (a) a proposed accessory dwelling unit is located within one-half mile
walking distance of public transit; (b) a proposed accessory dwelling unit is
located within an architecturally and historically significant historic district;
(c) a proposed accessory dwelling unit is part of an existing primary
residence or existing accessory structure; (d) the occupant of a proposed
accessory dwelling unit would be required to obtain an on- street parking
permit from the city; or (e) a proposed accessory dwelling unit is located
within one block of a car-share vehicle station or parking area; then the
applicant for an accessory dwelling unit may be exempted from the parking
requirements under the zone for which the proposed accessory dwelling
unit is located. Nothing in this subsection, however, exempts the primary
residence from complying with all parking requirements under the zone in
which the primary residence is located. Furthermore, nothing in this
subsection exempts the owner of the lot from complying with all parking
requirements for fire safety, including access to the lot by front and rear
setbacks that are to be clear of obstructions.
2. For purposes of this subsection D, “existing accessory structure” means
“accessory building or structure” as defined in Section 9.280.030, that
exists on the lot with an existing primary residence at the time of submittal
for any application relating to the proposed accessory dwelling unit.
E. Standards for Junior Accessory Dwelling Units.
1. Junior accessory dwelling units shall be limited to one per residential lot zoned
for single-family residences with a single-family residence already built or
proposed to be built, on the lot.
2. The single-family residence in which the junior accessory dwelling unit will
occur must be owner-occupied. The owner may reside in either the remaining
portion of the structure or the newly created junior accessory dwelling unit.
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Owner-occupancy shall not be required if the owner is another governmental
agency, land trust, or housing organization.
3. Prior to issuance of occupancy approval of the accessory dwelling unit, the city
may require the property owner to enter into a restrictive covenant with the city
prohibiting the sale of the junior accessory dwelling unit separate from the sale
of the single-family residence, including a statement that the deed restriction
may be enforced against future purchasers; and restricting the size and
attributes of the junior accessory dwelling unit that conforms with this section.
4. A junior accessory dwelling unit must be constructed within the walls of the
proposed or existing single-family residence.
5. A junior accessory dwelling shall provide a separate entrance from the main
entrance to the proposed or existing single-family residence.
6. A junior accessory dwelling unit shall include an efficiency kitchen, which shall
include all of the following:
A. A cooking facility with appliances, and
B. A food preparation counter and storage cabinets that are of reasonable size
in relation to the size of the junior accessory dwelling unit.
7. Parking: A junior accessory dwelling unit shall not require parking in addition to
that required for the proposed or existing single-family residence.
8. For the purposes of providing service for water, sewer, or power, including a
connection fee, a junior accessory dwelling unit shall not be considered a
separate or new dwelling unit.
F. A permit application for an accessory dwelling unit or a junior accessory dwelling
unit shall be considered and approved ministerially without discretionary review
or a hearing. The Director, or his/her designee, shall act on the application within
60 days from the date the application is found complete if there is an existing
single-family or multifamily dwelling on the lot. If the permit application to create
an accessory dwelling unit or a junior accessory dwelling unit is submitted with a
permit application to create a new single-family dwelling on the lot, the Director
may delay acting on the permit application for the accessory dwelling unit or the
junior accessory dwelling unit until the issuance of a building permit for the new
single-family dwelling. If the applicant requests a delay, the 60-day time period
shall be tolled for the period of the delay.
G. If an application for an accessory dwelling unit or junior accessory dwelling unit is
submitted or required to be submitted with any other applications that require or
permit ministerial or discretionary review under the code, nothing in this section
precludes the processing and review of those other applications pursuant to
those other provisions in the code.
9.60.140 Screening.
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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 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.
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 one thousand three
hundred twenty feet as viewed from a point five feet above finish grade,
whichever provides the most screening.
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.
e. Refuse containers and bottled gas tanks shall be concealed by view-
obscuring landscaping, fencing or walls;
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.
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 9.100.110
(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 9.60.210. Decorative
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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. (Ord. 584 § 2,
2020; Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)
9.60.270 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. See Chapter 9.280.
C. Limits on Occupancy.
1. The bed and breakfast shall be conducted only by a person owning the
dwelling and residing therein as their principal place of residence. The use permit
shall be voided upon the sale or transfer of the property ownership.
2. The bed and breakfast shall accommodate a maximum of eight guests in four
rooms.
D. Where Permitted. Bed and breakfast are permitted subject to approval of a minor
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 one hundred square feet
is required for each of the sleeping rooms and not more than twenty-five percent
of the structure can be used for rental.
4. Landscaping may be required to screen parking areas from the view of
adjacent properties and from public/private streets.
5. Locating another bed and breakfast use within three hundred feet is
prohibited.
6. Signs shall not exceed two square feet attached to the house.
F. Required Finding. 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;
2. The use of the property as a bed and breakfast will not cause an undue burden
on adjacent and nearby property owners.
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G. Transient Occupancy Tax. Bed and breakfast facilities shall be subject to all
applicable provisions of Chapter 3.24 of the municipal code. (Ord. 550 § 1, 2016; Ord.
299 § 1, 1997)
9.60.310 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
thirty consecutive days or less, on a regular basis and oriented to tourist and resort
activity. 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.
C. Development Standards. The following standards apply to the development of
resort residential uses:
ITEM QUANTITY
Minimum lot frontage 30 ft.
Maximum building height 28 ft. (1)
22 ft. (1) adjacent to an image corridor
Maximum number of stories 2
Minimum livable reserved floor area excluding garage 420 sq. ft.
Minimum front yard setback from:
Street or parking stall curb 8 ft.
Pedestrian circulation walks 5 ft.
Garage/carport setback-from street curb 5 ft.
Minimum building to building setback:
Without partial attachment (see note) 6 ft.
With partial attachment (see note) 4 ft.
Minimum interior/exterior side yard setbacks 3 ft. (2)
Minimum rear yard setback 5 ft.
Maximum allowable wall height 8 ft.
Minimum parking required 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.
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Amendments to Sections of Title 9
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1. 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.
2. Residential units supporting mechanical equipment shall be allowed within
side yard setback area with a minimum three-foot clearance to the side property.
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 this code. (Ord. 550 § 1, 2016; Ord. 325 § 1, 1998)
9.90.040 Table of development standards.
Table 9-6 and the illustrations in Section 9.90.050 set forth standards for the development of
property within nonresidential districts. Notwithstanding Table 9-6, different standards shall
apply if special zoning symbols, described in Section 9.20.030, are designated on the official
zoning map.
Table 9-6 Nonresidential Development Standards
Development Standard District
CR CP CC CN CT CO MC VC
Minimum—Maximum building site
(acres) n/a n/a n/a 1-20 n/a n/a n/a n/a
Maximum building height (ft.)1, 6, 7 50 35 40 35 40 40 40 45
Maximum number of stories 4 2 3 2 3 3 3 n/a
Maximum floor area ratio (FAR)2 .35 .50 .30 .25 .25 .30 n/a n/a
Minimum
perimeter
building/landscape
setbacks (in ft.)4
From Highway
111 right-of-way1 50/50 50/50 50/50 n/a n/a n/a n/a n/a
From all image
corridor3 rights-
of-way1 (except
Hwy 111) and
from all major and
primary arterials
30/20 30/20 30/20 30/20 30/20 30/20 30/20 n/a
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From all other
perimeter street
rights-of-way1
20/10 20/10 20/10 20/10 20/10 20/10 20/10 n/a
From residential
districts and PR,
OS and GC
districts1
50/10 50/10 50/10 30/15
5 30/155 30/155 30/155 10/0
Minimum setback from interior
property lines within nonresidential
districts
0 0 0 0 0 0 0 0
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
Notes:
1 All minimum perimeter setbacks shall be increased one foot for every foot in height that building is above thirty-five feet.
Mixed use projects and projects in the Village Build-Out Plan Area are exempt from this requirement.
2 FAR means the gross floor area of all buildings divided by the building site area.
3 See General Plan Exhibit II-4.
4 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: minimum five percent; nonparking areas: minimum five percent (also see Section 9.100.050).
5 For buildings over one story in CN, CT and CO districts, setbacks shall be increased to 40/20.
6 Not including basements. Also, notwithstanding above table, the maximum structure height equals twenty two feet for all
buildings within one hundred fifty feet of any general plan image corridor and major or primary arterials. Any proposed
building height over twenty-two feet requires minor use permit approval and shall not exceed a maximum building height of
the existing zone.
7 Except in the Village Build-Out Plan Area, where the provisions of Section 9.70.110 shall apply.
(Ord. 577 § 1, 2019; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016; Ord. 466 § 1, 2009; Ord. 325 § 1,
1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)
9.130.010 Table of development standards.
Table 9-9 contains standards for development of property within special purpose districts:
Table 9-9 Special Purpose District Development Standards
District
Development Standard PR GC OS FP HC EOD AHO A/ER MU
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Amendments to Sections of Title 9
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Page 24 of 31
Notes:
* As required for needed flood control structures.
** As provided in the HC supplemental regulations, Section 9.140.040.
*** As provided in the underlying base district regulations, subject to the additional requirements of the overlay district in
Chapter 9.140.
Minimum building site n/a n/a n/a * 20,000 sf *** 1 acre
10,000
sf/20,000 sf
multifamily
1 acre
Minimum lot frontage n/a n/a n/a n/a 100 ft. n/a 100 100 n/a
Maximum structure height (ft.)1 28 28 28 * 28 *** 40 28 ***
Maximum lot coverage n/a n/a n/a n/a 30% n/a 60% 40% ***
Maximum number of stories 2 2 2 * 2 *** 4 2 ***
Minimum setbacks n/a n/a n/a n/a
Front: 30
Int./Ext. Side:
10/20
Rear: 30
n/a
Front:
20
Int./Ext.
Side:
10/15
Rear:
20
Front: 30
Garage: 20
Side: 20
Rear: 30
***
Minimum
perimeter
building/
landscape
setbacks
(ft.)2, t4
From Highway 111 right-of-way 50/50 50/50 50/50 50/50 50/50 50/50 n/a *** ***
From perimeter street ROWs 30 30 30 * 10′ min, 20′
average ***
10′ min,
20′
average
20 ***
From all image corridor3 rights-
of-way (except Hwy 111) and
from all major and primary
arterials
30/20 30/20 30/20 30/20 30/20 30/20 *** *** ***
From abutting
residential property or districts 30 30 30 * ** *** *** *** ***
From abutting commercial and
other nonresidential property or
districts
20 20 20 * ** *** *** *** ***
Minimum setback from interior property lines
within the same project4 0 0 0 * ** *** *** *** ***
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
Ordinance No. 588
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1 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings
within 150 feet of any General Plan image corridor and major or primary arterials. Any proposed building height over
twenty-two feet requires minor use permit approval and shall not exceed a maximum building height of the existing zone.
2 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.
3 The image corridors as identified in the General Plan.
4 In the AHO, for interior yards, 5 ft. minimum plus 1 ft. additional setback for every foot of building height above 28 feet, or
fraction thereof, up to a maximum setback of 15 ft. when said height above 17 ft. is located between 5 and 10 ft. from said
side yard property line. If the building is over 28 feet in height, the setback is 10 ft. plus 1 ft. for every foot over 28 ft. in
height or fraction thereof, to a maximum setback of 15 ft. 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.
(Ord. 550 § 1, 2016; Ord. 512 § 1, 2013; Ord. 445 § 4, 2007; Ord. 284 § 1, 1996)
9.160.050 Permanent signs in nonresidential districts.
Signs identified in Table 9-19 following are permitted in nonresidential districts subject to
approval of a sign permit per Section 9.160.090.
Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign Permit
Sign Type
and
Placement
Maximum
Number
Maximum
Area
Maximum
Height Illumination
Additional
Requirements
Freestanding
center or
complex ID
sign for
multitenant
building or
multibuilding
shopping
center or
other
commercial
or office
complex
1 per street
frontage
0.25 sq. ft.
per lineal ft.
of street
frontage up to
maximum of
50 sq. ft. per
sign and 100
sq. ft.
aggregate for
all signs
8 ft. Direct or
indirect for all
signs
Aggregate sign
area may not be
combined among
street frontages.
Letter height
shall be a
minimum 10″
high
Building-
mounted or
permanent
window ID
signs for
individual
commercial
1 flush-
mounted plus
1 under-
canopy per
tenant
frontage
along a street
Flush-
mounted: 1
sq. ft. per
lineal ft. of
lease frontage
up to
maximum of
8 ft. Direct or
indirect for all
signs
ID signs for
tenants above the
ground floor in
buildings with
only interior
access above
ground floor shall
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Amendments to Sections of Title 9
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Page 26 of 31
Sign Type
and
Placement
Maximum
Number
Maximum
Area
Maximum
Height Illumination
Additional
Requirements
or office
tenants
or along a
common-use
parking lot
with no direct
street frontage
50 sq. ft.
aggregate
require a sign
program
Under-
canopy: 3 sq.
ft.
Freestanding
ID sign for
individual
commercial
or office
building
1 50 sq. ft. 8 ft. Direct or
indirect for all
signs
Allowed only if
building has
minimum 200 ft.
of street frontage
Building-
mounted ID
sign for
individual
commercial
or office
building
2 (but no
more than 1
per each side
of building)
1 sq. ft. per
lineal ft. of
building
frontage
along a street
up to
maximum of
50 sq. ft.
aggregate
Top of wall Direct or
indirect for all
signs
Building-
mounted or
freestanding
directory sign
for
multitenant
buildings or
complexes
1 per entrance
to building or
complex
18 sq. ft. Top of wall or
6 ft. if
freestanding
Direct or
indirect
Signs are to be
designated and
oriented to direct
pedestrian traffic
Business A-
board type
signs
1 per business 10 sq. ft. per
side
n/a Indirect only Signs shall be
located no further
than 20 feet from
the main store
entrance, shall
not interfere with
pedestrian
access/ADA
compliance, and
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Sign Type
and
Placement
Maximum
Number
Maximum
Area
Maximum
Height Illumination
Additional
Requirements
shall only be
placed during
business hours
Gas/service
stations
1 freestanding
sign per street
frontage,
combining
business
identification
and gas prices
50 sq. ft.
aggregate
8 ft. Direct or
indirect for all
signs
Allowed only for
stations which
are not accessory
to other uses.
Price sign must
show the lowest
price per gallon
of all grades,
including taxes
1 building-
mounted ID
Top of wall
Theaters,
cinemas and
cabarets
1 freestanding
and 1
building-
mounted sign,
of which 1
sign may be
combination
ID and
attraction
board
Aggregate
allowed: 20
sq. ft. plus 10
sq. ft. per
screen/stage
over 1, up to a
maximum of
40 sq. ft.
Top of wall or
12 ft. if
freestanding
Direct or
indirect for all
signs
Theaters,
cinemas and
cabarets
1 building-
mounted
coming-
attraction
poster per
screen or
stage
6 sq. ft. each Top of wall Indirect only 1 building-
mounted coming-
attraction poster
per screen or
stage
Church and
institutional
uses
Same as the
underlying
district
Same as the
underlying
district
Same as the
underlying
district
Direct or
indirect for all
signs
1 of the allowed
signs may
include an
attraction board
Ordinance No. 588
Amendments to Sections of Title 9
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Page 28 of 31
Sign Type
and
Placement
Maximum
Number
Maximum
Area
Maximum
Height Illumination
Additional
Requirements
Signs in residential districts requiring a permit See Section 9.160.040
Signs exempt from sign permit approval See Section 9.160.020
Temporary and semipermanent signs See
Sections 9.160.060 and 9.160.070
Notes:
Freestanding signs shall not be located within five feet of a street right-of-way nor within a corner cutoff area identified in
Section 9.100.030.
“ID” means identification sign.
Signs required by law shall be allowed at the minimum size specified by such law.
(Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 480 § 1, 2010; Ord. 284 § 1, 1996)
9.170.070 Application.
All new telecommunication facilities shall require a conditional use permit. Additions, such
as additional antennas or equipment or size increases, to approved existing
telecommunication facilities shall require a minor use permit for director approval.
Modifications to approved existing telecommunication facilities shall be reviewed through
a building permit. All modifications and/or additions shall be reviewed on a case-by-case
basis. Upon review of an application for modification and/or additions to an existing
facility, the director may schedule the proposal for a hearing with the planning commission.
In all cases, unless otherwise waived by the director, an application for approval of a
wireless telecommunication facility shall include, at a minimum:
A. A site plan or plans drawn to scale and identifying the site boundaries; tower(s);
guy wires; existing and proposed facilities; vehicular parking and access; existing
vegetation to be added, retained, removed or replaced; and uses, structures and land
use and zoning designations on the site and abutting parcels.
B. A plan drawn to scale showing proposed landscaping, including species type, size,
spacing and other features.
C. Photo simulations showing the proposed wireless telecommunication facility and
surrounding features. Photo simulations shall include at least three different angles of
the proposed facility at different distances from the location, including before and
after visualizations.
D. RF maps showing all existing wireless telecommunication facilities within a ten-
mile radius of the proposed facility. The RF maps shall show existing coverage without
the proposed site, predicted coverage with the proposed site and existing sites, and
the predicted coverage of only the proposed site. RF maps shall show the predicted
coverage for indoor, in vehicle, and outside service.
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Page 29 of 31
E. The applicant shall provide a project information and justification letter. The letter
shall provide the project location, contact information, a project description and
project objectives, alternative site analysis and justification for why the proposed site
was chosen over existing sites. The letter shall include justification for the selected site
and a benefits summary on how the proposed site will improve wireless
telecommunication access in the community.
F. A structural report from a California registered structural engineer. The report
shall provide the following information:
1. Describe the tower and the technical, economic and other reasons for the
tower design;
2. Demonstrate that the tower complies with the applicable structural standards;
3. Describe the capacity of the tower, including the number and type of antennas
that it can accommodate and the basis for the calculation of capacity;
4. Show that the tower complies with the capacity requested under Section
9.170.060; and
5. Demonstrate that the proposed sources of NIER are in compliance with FCC
guidelines.
G. The applicant shall request the FAA, FCC, and state aeronautics division to provide
a written statement that the proposed tower complies with applicable regulations
administered by that agency or that the tower is exempt from those regulations. If
each applicable agency does not provide a requested statement after the applicant
makes a timely, good-faith effort to obtain it, the application will be accepted for
processing. The applicant shall send any subsequently received agency statements to
the director.
H. Evidence that the tower complies with Section 9.170.060(A) and a letter of intent to
lease excess space on the tower and excess land on the tower site except to the extent
reduced capacity is required under Section 9.170.060.
I. The applicant shall provide a draft copy of the lease agreement between the tower
operator and the property owner to the planning division. Financial information may
be blocked out.
J. A letter of intent, committing the tower owner and his or her successor in interest
to:
1. Respond in a timely, comprehensive manner to any request, required under
Section 9.170.060, for information from a potential shared-use applicant, the
tower owner may charge a party requesting information under this section to pay
a reasonable fee not in excess of the actual cost of preparing a response.
2. Negotiate in good-faith or shared use by third parties; an owner generally will
negotiate in the order in which requests for information are received, except an
owner generally will negotiate with a party who has received an FCC license or
permit before doing so with other parties.
Ordinance No. 588
Amendments to Sections of Title 9
Adopted: February 2, 2021
Page 30 of 31
3. Allow shared use if an applicant agrees in writing to pay charges and to
comply with conditions described in this section. (Ord. 579 § 1, 2019; Ord. 577 §
1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)
9.200.015 Conceptual Design Review
A. Any potential project applicant has the option to file a conceptual design review (CDR)
to ascertain anticipated conditions, requirements and costs associated with a proposal. This
allows the applicant to be informed of any potentially significant issues which may affect
any decision to pursue the project. This process offers the following advantages:
1. Provides a comprehensive overview of city applications, fees, and other
requirements necessary to obtain project approval, in writing;
2. Provides previous project background which can speed up the formal approval
process when the project is submitted;
3. The written information can be used as the basis for an estimate of project costs, in
order to determine a project’s viability.
Submittal for this process shall include completion of an application and supplemental
documentation as determined by the director.
B. Within thirty calendar days of receipt of a preliminary development plan application, a
review letter shall be issued to the applicant, incorporating all comments received during the
review period. (Ord. 550 § 1, 2016)