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ORD 284ORDINANCE NO. 284 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 (ZONING CODE) OF THE LA QUINTA MUNICIPAL CODE (EXCEPT CHAPTER 9.160 [SIGNS]), AND DELETING CHAPTERS 5.36, 5.37, 5.64, 5.68, AND PORTIONS OF CHAPTER 5.72 AND SECTION 6.08.105 CASE NO. ZONING ORDINANCE AMENDMENT 96-050 CITY OF LA QUINTA An Ordinance of the City of La Quinta, California, amending Title 9 (Zoning Code) of the La Quinta Municipal Code (except Chapter 9.160 [Signs]) and deleting Chapters 5.36, 5.37, 5.64, 5.68 and portions of Chapters 5.72 and Section 6.08.105. The City Council of the City of La Quinta does hereby ordain as follows: SECTION 1. Title 9 (except Chapter 9.160 - previously 9.212 of the La Quinta Municipal Code) is hereby amended per Exhibit "A" as attached and Chapters 5.36, 5.37, 5.64, 5.68 are hereby deleted and portions of Chapter 5.72, Section 6.08.105, 9.60.030 El, 9.60.050 D3, 9.60.100 C, and 9.100.200 D of the draft Municipal Code are hereby amended per Exhibit `B" as attached. SECTION 2: ENVIRONMENTAL. The Zoning Ordinance Amendment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970 (as amended) and adopted by City Council Resolution 83-68 in that the Community Development Director has conducted an Initial Study (Environmental Assessment 96-318) and has determined that the proposed Zoning Ordinance Amendment will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact is to be certified by adoption under separate resolution. SECTION 3. 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, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 6th day of August, 1996 by the following vote: orddrft.050 Ordinance 284 Zoning Ordinance Amendment 96-050 AYES: Council Members Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: Council Member Adolph ABSTAIN: None GLENDA L. HOLT, Mayor City of La Quinta, California ATNEST: SAUNDRA L. JUITOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONFYWIPLL, City Attorney City of La Quinta, California orddrft.050 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. 284 which was introduced on the 22nd day of July, 1996 and was adopted at a regular meeting held on the 6th day of August, 1996 not being less than 5 days after date of introduction thereof. I fMher certify that the foregoing ordinance was posted in three (3) places within the City of La Q i to as specified in a resolution of the City Council. AUNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, §AUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify Ye foregoing ordinance was posted on August 8, 1996 pursuant to City Council Resolution. DRA L. JUH LA, City Clerk City of La Quinta, California Ordinance 284 Zoning Ordinance Amendment 96-050 August 6, 1996 CHAPTER 5.72 IS HEREBY AMENDED AS FOLLOWS: CHAPTER 5.72 MISCELLANEOUS BUSINESSES REGULATED Sections: EXHIBIT `B' 5.72.010 Police Permit required before conducting locksmith business 5.72.020 Revocation of permits 5.72.010 Police permit required before conducting locksmith business. No person shall conduct or carry on the business of locksmith, or a key or lock repair shop or business, without having applied for and been granted a permit therefor by the Chief of Police. Such permits shall be issued in cases where, after investigation, the Chief of Police determines that the applicant and proposed participants in the business or business activity are of good moral character, and that the issuance of the permits will not prejudice the public peace, safety, morals, or welfare. (Ord. 10§ 1 (part), 1982) 5.72.020 Revocation of permits. The City Council shall have the power to revoke any permit issued pursuant to Section 5.72.020, after a hearing conducted with due notice and in accordance with the legal principles of due process, and as a result of which hearing, the Council finds and determines that factual grounds exist, irrespective of when they first arose, which would justify denial of issuance of a permit in the first instance, under the criteria prescribed in the section under which the permit was issued (Ord. 10§ 1 (part), 1982) Section 6.08.105 is hereby amended as follows: 6.08.105 Animal manure prohibited unless odorless. It is a nuisance, and it is unlawful, for any person to use, stockpile, have in possession, deliver or convey any form of animal manure at or to a point within the City unless the manure has been processed or treated so as to render it substantially free of unpleasant odor. This section shall not apply to domesticated pets' excrement nor to equestrian facilities regulated under the Equestrian Overlay District except where manure is spread over any area within such a facility. Exhibitb.zoa-p Ordinance 284 Zoning Ordinance Amendment 96-050 August 6, 1996 Amend Section 9.60.030 E.1. c., Fence Construction and Materials, as follows: C. the posts shall be installed on the interior side of the lot with fencing material on the outside edge of the support posts. Section 9.60.050D3 is hereby amended as follows: Add to Table 9-3: Minimum Setback (ft) Roof area of Maximum Separation Front Interior Exterior Rear structure (sq. ft.) height from Main Yard side yard side yard yard building 201+ Shall comply underlyin zone District requirements with g Section 9.60.100C is hereby added as follows: C. Limitations. Only one second residential use or guest house may be established on any lot under ten acres in size, in addition to the primary residence. Therefore, no more than two residential units on a single lot under ten acres are permitted under the provisions of this section. More than one guest house may be established on lots of ten acres or larger. Amend 9.100.200 D, Screening, as follows: 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 9.100.200 Gates shall not open toward a public street. Decorative overhead structures such as metal trellises shall be integrated into the enclosure design or tall landscaping planted on the affected side if it is visible from higher terrain or buildings. Exhibitb.zoa-p 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. 285 which was introduced on the 17th day of September, 1996 and was adopted at a regular meeting held on the 1 st day of October, 1996 not being less than 5 days after date of introduction thereof. I further certify that the foregoing ordinance was posted in three (3) places within the C' of La Quinta as specified in a resolution of the City Council. AUNDRA L. JUH LA, 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 October 18, 1996 pursuant to City Co it Resolution. AUNDRA L. JUH LA, City Clerk City of La Quinta, California CITY OF LA QUINTA ZONING CODE City of La Quinta Community Development Department 78495 Calle Tampico La Quinta, CA 92253 (619) 777-7000 Prepared By: Lawrence Associates Capistrano Beach, CA (714) 661-8175 Tierra Planning & Design San Juan Capistrano, CA (714) 661-6212 LA QUINTA ZONING CODE TABLE OF CONTENTS CHAPTERISECTION CHAPTER 9.10: GENERAL PROVISIONS .............................. 9.10.010 Title and Authority ......................................... 9.10.020 Applicability of Code ....................................... 9.10.030 Prior Agreements and Approvals .............................. 9.10.040 General Plan Density and Intensity ............................ 9.10.050 Planning Agency .......................................... 9.10.060 Code Interpretations ........................................ 9.10.070 Use of Terms ............................................. 9.10.080 Severability.............................................. PAGE 10-1 10-1 10-2 10-2 10-3 10-3 10-3 10-3 10-4 CHAPTER 9.20: ZONING DISTRICTS .................................. 20-1 9.20.010 Establishment of Districts ................................... 20-1 9.20.020 Official Zoning Map ....................................... 20-2 9.20.030 Special Zoning Symbols .................................... 20-2 9.20.040 Land Uses Not Listed ....................................... 20-3 CHAPTER 9.30: RESIDENTIAL DISTRICTS ............................ 30-1 9.30.010 Summary of District Regulations .............................. 30-1 9.30.020 RVL Very Low Density Residential District ..................... 30-2 9.30.030 RL Low Density Residential District ........................... 30-2 9.30.040 RC Cove Residential District ................................. 30-3 9.30.050 RM Medium Density Residential District ....................... 30-4 9.30.060 RMH Medium High Density Residential District ................. 30-5 9.30.070 RH High Density Residential District .......................... 30-6 9.30.080 RSP Residential Specific Plan Overlay District .................. 30-7 9.30.090 RR Rural Residential Overlay District ......................... 30-8 CHAPTER 9.40: RESIDENTIAL PERMITTED USES ..................... 40-1 9.40.010 Development Permits Required ............................... 40-1 9.40.020 RR Overlay Permitted Uses .................................. 40-1 9.40.030 Conditions for Varying Residential Densities .................... 40-1 9.40.040 Table of Permitted Uses ..................................... 40-2 CHAPTER 9.50: RESIDENTIAL DEVELOPMENT STANDARDS .......... 50-1 9.50.010 Mobilehome Park Development Standards ...................... 50-1 9.50.020 Height Limits Near Arterial Highways ......................... 50-1 9.50.030 Table of Development Standards .............................. 50-1 9.50.040 Illustration of Development Standards ......................... 50-4 9.50.050 Maximum Building Height .................................. 50-8 i CIIAPTERISECTION PAGE 9.50.060 Roof and Wall Projections ................................... 50-8 9.50.070 Irregular Lots ............................................. 50-9 9.50.080 Setbacks from Surface Easements ............................ 50-10 CHAPTER 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS ....... 60-1 9.60.010 Purpose and Intent ......................................... 60-1 9.60.020 Signs and Parking ......................................... 60-1 9.60.030 Fences and Walls .......................................... 60-1 9.60.040 Patio Covers, Decks and Play Equipment ....................... 60-5 9.60.050 Storage and Other Accessory Buildings ........................ 60-6 9.60.060 Garages and Carports ....................................... 60-6 9.60.070 Swimming Pools .......................................... 60-7 9.60.080 Satellite Dish and Other Antennas ............................. 60-8 9.60.090 Second Residential Units .................................... 60-9 9.60.100 Guest Houses ............................................ 60-11 9.60.110 Home Occupations ........................................ 60-12 9.60.120 Pets and Other Animals .................................... 60-13 9.60.130 Recreational Vehicle Parking ................................ 60-13 9.60.140 Screening ............................................... 60-14 9.60.150 Tennis and Other Game Courts .............................. 60-15 9.60.160 Outdoor Lighting ......................................... 60-16 9.60.170 Special Outdoor Events .................................... 60-16 9.60.180 Manufactured Housing and Mobilehomes ...................... 60-17 9.60.190 Family Day Care Facilities ................................. 60-18 9.60.200 Senior Citizen Housing .................................... 60-19 9.60.210 Construction and Guard Offices ............................. 60-20 9.60.220 Trash and Recyclable Materials Storage ....................... 60-20 9.60.230 Noise Control ............................................ 60-20 9.60.240 Landscaping and Open Area ................................ 60-21 9.60.250 Model Home Complexes ................................... 60-21 9.60.260 Condominium Conversions .................................. 60-24 9.60.270 Density Bonuses for Affordable Housing ...................... 60-26 9.60.280 Timeshare Regulations ..................................... 60-30 9.60.290 Compatibility Review for Partially -Developed Subdivisions ....... 60-35 9.60.300 Restrictions on Multi -Story Buildings at Project Boundaries ....... 60-37 CHAPTER 9.65: THE VILLAGE ....................................... 65-1 9.65.010 Introduction .............................................. 65-1 9.65.020 VC Village Core District .................................... 65-2 9.65.030 VP Village Park District .................................... 65-5 9.65.040 VS Village South District ................................... 65-9 9.65.050 VN Village North District .................................. 65-11 9.65.060 VT Tampico Urban Mix District ............................. 65-13 H CHAPTERISECTION PAGE 9.65.070 General Development Standards ............................. 65-15 9.65.080 Grouping of Permitted Uses ................................. 65-18 9.65.090 Table of Permitted Uses .................................... 65-23 9.65.100 Design and Development Review ............................ 65-28 9.65.110 Supplemental Village Regulations ............................ 65-29 9.65.120 VR Village Residential District .............................. 65-29 CHAPTER 9.70: NONRESIDENTIAL DISTRICTS ........................ 70-1 9.70.010 Summary of District Regulations .............................. 70-1 9.70.020 NR Nonresidential Overlay District ............................ 70-1 9.70.030 CR Regional Commercial District ............................. 70-2 9.70.040 CP Commercial Park District ................................. 70-2 9.70.050 CC Community Commercial District .......................... 70-2 9.70.060 CN Neighborhood Commercial District ........................ 70-2 9.70.070 CT Tourist Commercial District .............................. 70-3 9.70.080 CO Office Commercial District ............................... 70-3 9.70.090 MC Major Community Facilities District ....................... 70-3 CHAPTER 9.80: NONRESIDENTIAL PERMITTED USES ................. 80-1 9.80.010 Development Permits Required ............................... 80-1 9.80.020 Residential Uses in NR Overlay District ........................ 80-1 9.80.030 Residential Uses Outside NR Overlay .......................... 80-1 9.80.040 Table of Permitted Uses ..................................... 80-2 CHAPTER 9.90: NONRESIDENTIAL DEVELOPMENT STANDARDS ...... 90-1 9.90.010 Maximum Building Height .................................. 90-1 9.90.020 Roof Projections ........................................... 90-1 9.90.030 Wall Projections ........................................... 90-2 9.90.040 Table of Development Standards .............................. 90-2 9.90.050 Illustration of Development Standards ......................... 90-4 9.90.060 Irregular Lots ............................................. 90-5 9.90.070 Setbacks from Surface Easements ............................. 90-5 CHAPTER 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS. 100-1 9.100.010 Purpose and Intent ........................................ 100-1 9.100.020 Parking and Signs ........................................ 100-1 9.100.030 Fences and Walls ......................................... 100-1 9.100.040 Landscaping ............................................. 100-3 9.100.050 Screening ............................................... 1004 9.100.060 Detached Accessory Structures .............................. 100-6 9.100.070 Satellite Dish and Other Antennas ............................ 100-7 9.100.080 Christmas Tree Sales ...................................... 100-8 9.100.090 Halloween Pumpkin Sales .................................. 100-9 iii UMPTER/SECTION PAGE 9.100.100 Produce and Flower Stands ................................. 100-9 9.100.110 Outdoor Vendors ........................................ 100-10 9.100.120 Outdoor Storage and Display ............................... 100-10 9.100.130 Sidewalk Sales and Commercial Events ...................... 100-12 9.100.140 Temporary Outdoor Events ................................ 100-13 9.100.150 Outdoor Lighting ........................................ 100-15 9.100.160 Caretaker Residences ..................................... 100-21 9.100.170 Construction and Guard Offices ............................ 100-21 9.100.180 Relocatable Buildings .................................... 100-22 9.100.190 Recycling Collection Facilities ............................. 100-23 9.100.200 Trash and Recyclable Materials Storage ...................... 100-25 9.100.210 Noise Control ........................................... 100-26 9.100.220 Operational Standards .................................... 100-28 9.100.230 Hazardous Waste and Materials ............................. 100-29 9.100.240 Service Station Standards ................................. 100-30 9.100.250 Child Day Care Centers ................................... 100-32 9.100.260 Senior Group Housing .................................... 100-32 9.100.270 Single Room Occupancy (SRO) Hotels ....................... 100-33 9.100.280 Bus Stop Benches and Shelters ............................. 100-33 CHAPTER 9.110 SPECIAL PURPOSE DISTRICTS ...................... 110-1 _ 9.110.010 Summary of District Regulations ............................. 110-1 9.110.020 Types of Special Purpose Districts ........................... 110-1 9.110.030 PR Parks and Recreation District ............................. 110-2 9.110.040 GC Golf Course District ................................... 110-2 9.110.050 OS Open Space District .................................... 110-2 9.110.060 FP Floodplain District ..................................... 110-2 9.110.070 HC Hillside Conservation Overlay District ..................... 110-3 9.110.080 SOB Sexually Oriented Business Overlay District ............... 110-5 9.110.090 EOD Equestrian Overlay District ............................ 110-5 CHAPTER 9.120 SPECIAL PURPOSE PERMITTED USES ............... 120-1 9.120.010 Development Permits Required .............................. 120-1 9.120.020 Table of Permitted Uses .................................... 120-1 CHAPTER 9.130 SPECIAL PURPOSE DEVELOPMENT STANDARDS .... 130-1 9.130.010 Table of Development Standards ............................. 130-1 CHAPTER 9.140 SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS . 140-1 9.140.010 Purpose and Intent ........................................ 140-1 9.140.020 PR, GC, and OS Regulations ................................ 140-1 9.140.030 FP Floodplain Regulations .................................. 140-1 9.140.040 HC Hillside Conservation Regulations ........................ 140-2 CHAPTER/SECTION PAGE 9.140.050 SOB Sexually Oriented Business Regulations ................. 140-11 9.140.060 EOD Equestrian Overlay Regulations ........................ 140-12 CHAPTER 9.150: PARKING .......................................... 150-1 9.150.010 Purpose and Intent ........................................ 150-1 9.150.020 Approval of Parking Facilities ............................... 150-1 9.150.030 Provision of Parking Facilities ............................... 150-2 9.150.040 Parking Location and Accessibility ........................... 150-3 9.150.050 Determination of Spaces Required ........................... 150-4 9.150.060 Spaces Required by Use .................................... 150-6 9.150.070 Shared Parking .......................................... 150-16 9.150.080 Parking Facility Design Standards ........................... 150-17 9.150.090 Handicapped Parking ..................................... 150-31 9.150.100 Nonconforming Parking ................................... 150-31 CHAPTER 9.160: SIGNS ............................................. 160-1 9.160.010 Purpose and Intent ........................................ 160-1 9.160.020 Exempt Signs ............................................ 160-1 9.160.030 General Sign Standards .................................... 160-3 9.160.040 Permanent Signs in Residential Districts ....................... 160-6 9.160.050 Permanent Signs in Nonresidential Districts .................... 160-7 9.160.060 Permitted Temporary Signs ................................. 160-9 9.160.070 Permitted Semi -Permanent Signs ........................... 160-11 9.160.080 Semi -Permanent Downtown Village Directional Signs .......... 160-13 9.160.090 Sign Permit Review ...................................... 160-14 9.160.100 Prohibited Signs ......................................... 160-18 9.160.110 Nonconforming Signs .................................... 160-20 9.160.120 Enforcement, Sign Removal, and Abatement .................. 160-20 9.160.130 Sign Definitions ......................................... 160-22 CHAPTER 9.170: COMMUNICATION TOWERS AND EQUIPMENT ...... 170-1 9.170.010 Purpose ................................................. 170-1 9.170.020 Definitions .............................................. 170-1 9.170.030 Where Permitted ......................................... 170-2 9.170.040 Applicability ............................................ 170-2 9.170.050 Exemptions ............................................. 170-3 9.170.060 Approval Standards ....................................... 170-3 9.170.070 Applications for New Towers or Additions ..................... 170-6 9.170.080 Nonionizing Radiation Standards ............................ 170-9 v CIMPTER/SECTION PAGE CHAPTER 9.180: TRANSPORTATION DEMAND MANAGEMENT ....... 180-1 9.180.010 Purpose ................................................. 180-1 9.180.020 Definitions .............................................. 180-1 9.180.030 Applicability ............................................ 180-3 9.180.040 Exemptions ............................................. 180-4 9.180.050 Minimum Standards ....................................... 180-4 9.180.060 TDM Application ......................................... 180-6 9.180.070 TDM Review ............................................ 180-6 9.180.080 Appeals ................................................ 180-7 9.180.090 Review for Compliance .................................... 180-7 9.180.100 Enforcement and Penalties .................................. 180-8 9.180.110 SCAQMD Compliance .................................... 180-8 CHAPTER 9.190: TRANSFER OF DEVELOPMENT RIGHTS ............. 190-1 9.190.010 Purpose ................................................. 190-1 9.190.020 Definitions .............................................. 190-1 9.190.030 Procedures .............................................. 190-2 9.190.040 Timing ................................................. 190-3 9.190.050 Documentation ........................................... 190-4 CHAPTER 9.200: GENERAL PERMITTING PROCEDURES ............. 200-1 9.200.010 Development Review Process ............................... 200-1 9.200.020 Authority ............................................... 200-1 9.200.030 Combined Applications .................................... 200-3 9.200.040 General Permit Provisions .................................. 200-3 9.200.050 Permit Applications ....................................... 200-3 9.200.060 Action by Decision -Making Authority ........................ 200-4 9.200.070 Time Limits on Processing Applications ....................... 200-5 9.200.080 Permit Expiration and Time Extensions ....................... 200-5 9.200.090 Modifications by Applicant ................................. 200-6 9.200.100 Amendments to Development Review Permits .................. 200-7 9.200.110 Public Hearings .......................................... 200-7 9.200.120 Appeals ................................................ 200-8 9.200.130 Permit Revocation ....................................... 200-10 CHAPTER 9.210: DEVELOPMENT REVIEW PERMITS ................. 210-1 9.210.010 Site Development Permits .................................. 210-1 9.210.020 Conditional Use Permits and Minor Use Permits ................ 210-3 9.210.030 Variances ............................................... 210-4 9.210.040 Minor Adjustments ....................................... 210-6 9.210.050 Temporary Use Permits .................................... 210-7 9.210.060 Home Occupation Permits .................................. 210-7 9.210.070 Sign Permits ............................................. 210-9 vi CHAPTER/SECTION PAGE CHAPTER 9.220: ZONE CHANGES AND CODE AMENDMENTS ......... 220-1 9.220.010 Zone Changes and Prezoning................................ 220-1 9.220.020 Zoning Code Text Amendments ............................. 220-2 CHAPTER 9.230: GENERAL PLAN AMENDMENTS .................... 230-1 9.230.010 Application and Referral ................................... 230-1 9.230.020 Review Procedures and Findings ............................. 230-1 CHAPTER 9.240: SPECIFIC PLANS ................................... 240-1 9.240.010 Specific Plan Review ...................................... 240-1 CHAPTER 9.250: OTHER ACTIONS ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1)5n-1 9.250.010 Subdivisions ............................................. 250-1 9.250.020 Environmental Review ..................................... 250-1 9.250.030 Development Agreements .................................. 250-1 CHAPTER 9.260: FEES .............................................. 260-1 9.260.010 Administration of Fees ..................................... 260-1 CHAPTER 9.270: NONCONFORMITIES ............................... 270-1 9.270.010 Purpose ................................................. 270-1 9.270.020 Definitions .............................................. 270-1 9.270.030 Nonconforming Uses . ..................................... 270-2 9.270.040 Nonconforming Lots ...................................... 270-3 9.270.050 Nonconforming Structures .................................. 270-3 9.270.060 Nonconforming Parking and Signs ........................... 270-3 9.270.070 Plans Previously Approved ................................. 270-4 9.270.080 Illegal Uses and Structures .................................. 270-4 CHAPTER 9.280: DEFINITIONS ...................................... 280-1 9.280.010 Purpose and Applicability .................................. 280-1 9.280.020 Use of Terms ............................................ 280-1 9.280.030 Definition of Terms ....................................... 280-2 vii T _. CHAPTER 9.10: GENERAL PROVISIONS _ Sections 9.10.010 Title and Authority ............................... 10-1 9.10.020 Applicability of Code ............................. 10-2 9.10.030 Prior Agreements and Approvals ................... 10-2 9.10.040 General Plan Density and Intensity ................. 10-3 9.10.050 Planning Agency ................................. 10-3 9.10.060 Code Interpretations ............................. 10-3 9.10.070 Use of Terms .................................... 10-3 9.10.080 Severability..................................... 104 9.10.010 Title and Authority. A. Title. This Title 9 shall be known as the "City of La Quinta Zoning Code" or "Zoning Code". The term "Code" shall also mean this Title unless clearly indicated otherwise by the context. B. Authority and Purpose. This Zoning Code is adopted for the purpose of promoting the public health, safety and general welfare pursuant to Section 11 of Article XI of the California Constitution, the state Planning and Zoning Law (Government Code Section 65000 et seq), the California Environmental Quality Act (Public Resources Code Section 21000 et seq), and other applicable state laws. C. Objectives. This Zoning Code is intended to achieve the following objectives: 1. To implement the City's General Plan. 2. To classify and designate different land uses and structures in appropriate places as designated in the General Plan, and to regulate such land uses and structures in order to serve the needs of residential neighborhoods, commerce, recreation, open space and other purposes. 3. To provide a guide for the development and use of land in the City as required by the state Government Code. 4. To secure for the residents of the City the social and economic advantages resulting from the planned and orderly use of its land resources. 5. To establish conditions which allow the various types of land uses to exist in harmony and to promote the stability of existing land uses by protecting them from harmful intrusion. 6. To prevent undue intensity of land use or development, to avoid population overcrowding, to maintain a suitable balance between developed land and open space, and to protect the natural beauty of the City. 7. To ensure that adequate offstreet parking and loading facilities are provided and maintained for all land uses. 10-1 9.10. GENERAL PROVISIONS 8. To provide land zoned for schools, parks and other public facilities. 9. To ensure the provision of affordable housing opportunities. 9.10.020 Applicability of Code. A. Compliance Required. No uses or structures shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformity with this Code. B. Applicability. This Code shall apply to all land within the City. C. Limitations on Validity of Permits. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be an approval of any violation of any provision of this Code. The issuance of such a permit shall not prevent the City from thereafter requiring the correction of violations of this Code or of any other ordinance of the City. D. Conflict with Other Regulations. Whenever any provision of this Code and other City regulations impose overlapping or contradictory requirements, that provision which is more restrictive or imposes a higher standard shall control except as otherwise expressly provided in this Code. Nothing contained in this Code shall be deemed to repeal or amend any regulation of the City requiring a permit or license, nor shall any provision of this Code be deemed to repeal or amend the City's building regulations. 9.10.030 Prior Agreements and Approvals. A. Development Agreements. Notwithstanding any provision of this Zoning Code, any development agreement which is valid as of the effective date of this Code shall remain in full force and effect until expiration of said agreement. For the purposes of the specific project approved in such a development agreement, permitted land uses, development standards, and other zoning provisions specified in the development agreement shall supersede the provisions of this Code B. Approved Development Projects and Permits. Any specific plan, site development permit, grading permit, building permit, or similar entitlement which was issued pursuant to earlier ordinances of the City which is in conflict with this Code may nevertheless be continued and the specific construction authorized under the permit may be completed in accordance with the provisions of the permit approval provided the construction complies with all other laws and regulations in effect at the time of the permit approval. However, any project or permit requiring a time extension per Section 9.200.080 shall conform to the requirements and standards in effect at the time the extension is granted. C. Approved Subdivision Maps. Any tentative tract or parcel map which was approved pursuant to earlier ordinances of the City and which is in conflict with this Code may nevertheless be continued and completed in accordance with the provisions of its approval, provided it is completed within the time limit in effect at the time of its approval without extension of time therefor and provided it 10-2 9.10. GENERAL PROVISIONS complies with all other laws and regulations in effect at the time of its approval. Final tract and parcel maps shall be consistent with approved tentative tract or parcel maps and any applicable conditions of approval. 9.10.040 General Plan Density and Intensity. The General Plan establishes a range of development intensities, composed of densities, unit counts, floor area ratios, or similar measures, for each land area in the City. This Zoning Code and the City's individual project approvals provide development standards, plans, and other factors which shall determine the exact development intensity of each project within the foregoing General Plan range. The City reserves the right to limit projects to intensities below the General Plan's upper limits. 9.10.050 Planning Agency Consistent with Section 65100 et seq of the state Government Code, the City's planning agency shall consist of the City Council, the Planning Commission, and the Planning and Development Department. 9.10.060 Code Interpretations. Interpretations of the provisions of this Zoning Code shall be made by the Community Development Director. Such interpretations may be referred to the Planning Commission for review if the Director determines on a case -by -case basis that the public interest would be better served by such referral. 9.10.070 Use of Terms. A. Rules for Construction of Language. The following general rules of construction shall apply to the textual provisions of this Code: 1. The specific shall supersede the general. 2. The word "shall" is mandatory. The word "may" is discretionary. The word "should" identifies a regulation or design guideline which must be followed in the absence of compelling opposing considerations identified by the City decision -making body. 3. In the case of any difference of meanings or implication between the text regarding a provision of the Code and any title, heading, caption, or illustration, the text shall control. 4. Unless the context clearly indicates otherwise, words used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular. 10-3 9.10. GENERAL PROVISIONS 5. Unless the context clearly indicates otherwise, certain conjunctions shall be interpreted as follows: a. "And" indicates that all connected items or provisions shall apply. b. "Or" indicates that the connected items or provisions may apply singly or in any combination. c. "Either ... or" indicates that the connected items or provisions shall apply, but not in combination. 6. Unless otherwise indicated, all public officials, bodies and agencies to which reference is made are those of the City of La Quinta. 7. "Director" means the Community Development Director of the City of La Quinta or the Director's authorized agent or representative. B. Time Periods. The use of the term "days" to describe a specific time period does not include the day the action was taken but does include all subsequent days unless the last day falls upon a Saturday, Sunday, or a legal City holiday, in which case the next business day shall be the last day of the time period. 9.10.080 Severability. The City Council hereby declares that each portion of this Zoning Code is separate, distinct, and independent and the invalidity of any portion shall not affect the validity of the remaining portions. The City Council further declares that it would have enacted this Code and each portion thereof irrespective of the fact that any portion or portions are declared invalid or ineffective. Therefore, in the event that any map, diagram, regulation or other portion of this Code is declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions thereof. 10-4 CHAPTER 9.20: ZONING DISTRICTS Sections: 9.20.010 Establishment of Districts ......................... 20-1 9.20.020 Official Zoning Map .............................. 20-2 9.20.030 Special Zoning Symbols ........................... 20-2 9.20.040 Land Uses Not Listed ............................. 20-3 9.20.010 Establishment of Districts. The City is hereby divided into the following zoning districts which are consistent with and implement the General Plan: 1. RVL Very Low Density Residential District 2. RL Low Density Residential District 3. RC Cove Residential District 4. RM Medium Density Residential District 5. RMH Medium High Density Residential District 6. RH High Density Residential District 7. RSP Residential Specific Plan Overlay District 8. RR Rural Residential Overlay District 9. VR Village Residential District 10. VC Village Core District 11. VP Village Park District 12. VS Village South District 13. VN Village North District 14. VT Tampico Urban Mix District 15. NR Nonresidential Overlay District 16. CR Regional Commercial District 17. CP Commercial Park District 18. CC Community Commercial District 19. CN Neighborhood Commercial District 20. CT Tourist Commercial District 21. CO Office Commercial District 22. MC Major Community Facilities District 23. PR Parks and Recreation District 24. GC Golf Course District 25. OS Open Space District 26. FP Floodplain District 27. HC Hillside Conservation Overlay District 28. SOB Sexually Oriented Business Overlay District 29. EOD Equestrian Overlay District 20-1 9.20: ZONING DISTRICTS 9.20.020 Official Zoning Map. A. Adoption of Map. The boundaries of the zoning districts established in this Zoning Code shall be shown on that map entitled "City of La Quinta Official Zoning Map" on file with the Community Development Director and available for public examination and purchase. B. Interpretation of District Boundaries. Where uncertainty exists regarding the precise boundaries of districts on the Official Zoning Map, the following rules shall apply: 1. Boundaries indicated as approximately following the centerlines of streets shall be construed as congruent with such centerlines. Boundaries indicated as approximately following the right - of way lines of streets shall be construed as congruent with such right-of-way lines and shall further be construed as moving with such right-of-way lines. 2. Boundaries indicated as approximately following lot lines shall be construed as congruent with such lot lines. 3. Boundaries indicated as parallel to or extensions of the lines described in I and 2 preceding, shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the Map. 4. Where any public right-of-way is officially vacated or abandoned, the zoning district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way. In cases where uncertainty exists after application of rules 1 through 4 preceding, the Community Development Director shall determine the district boundaries. 9.20.030 Special Zoning Symbols. A. Purpose. In some cases, the City may determine that alternate development standards are required for a particular geographic area other than those set forth in applicable sections of this Code with regard to minimum lot size, setbacks, lot frontage, and maximum building height because the normal standards may not be appropriate for one or more of the following reasons: 1. Unusual topography or other natural features within the area. 2. The need to mitigate development impacts on vulnerable surrounding land uses. 3. The need to ensure adherence to a key General Plan goal, objective, or policy. 4. Other factors affecting the subject area not generally prevalent in the City. B. Use of Special Symbols. The City may establish alternate development standards for a particular geographic area than those set forth for the zoning district covering the area by means of special zoning symbols. Such alternate development standards shall supersede those in Chapters 9.50, 9.65, 9.90, and 20-2 9.10: ZONING DISTRICTS 9.130 and shall be specified by means of one or more of the following symbols on the Official Zoning Map: 1. Lot Size. A number following the district designation and connected by a hyphen shall designate the minimum lot size. Where the number is greater than 100, it shall indicate the minimum size in square feet; where the number is less than 100, it shall indicate the minimum size in acres. Example: RM-5000 or RL-2 2. Setbacks. A number following the district designation and enclosed by parentheses shall designate the minimum setbacks in feet. Within the parentheses, setbacks shall be separated by a slash (/) and shall be shown in the following order: front/side/rear. Example: RM (20/5/25) 3. Height and Number of Stories. A number shown below and separated by aline from the district designation shall designate the maximum height of buildings or structures in feet and the maximum number of stories. Height shall be given first followed by a ' /" and number of stories. Example: RM 28/2 4. Lot Frontage. A number preceding and connected to the district designation by a hyphen shall designate the minimum lot frontage in feet. Example: 100-RL 5. Symbols Combined. The preceding symbols may be used in any combination to show minimum lot size, setbacks, frontage, and maximum height. Example: 100-RL-2 (20/5/25) 28/2 9.20.040 Land Uses Not Listed. A. Director's Authority. Because not every possible land use can be identified in this Zoning Code and because new land uses evolve over time, this Section establishes the Community Development Director's authority to determine if unlisted uses shall be permitted in a zoning district. In order to determine that a use is permitted as a principal, conditional, or accessory use, the Director shall make all of the following findings: 1. The proposed use is consistent with the goals and policies of the General Plan. 20-3 9.20: ZONING DISTRICTS 2. The proposed use is compatible with the purpose and intent of the district in which it is to be located. 3. The proposed use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use. B. Referral to Planning Commission. Any determination on a proposed unlisted use may be referred to the Planning Commission as a non -hearing item if the Director determines on a case -by -case basis that the public interest would be better served by such referral. C. Appeals. Any determination on an unlisted land use may be appealed in accordance with Section 9.200.120. Determinations by the Director may be appealed to the Planning Commission and determinations by the Planning Commission may be appealed to the City Council. 20-4 CHAPTER 9.30: RESIDENTIAL DISTRICTS Sections: 9.30.010 Summary of District Regulations ................. 30-1 9.30.020 RVL Very Low Density Residential District ........ 30-2 9.30.030 RL Low Density Residential District .............. 30-2 9.30.040 RC Cove Residential District .................... 30-3 9.30.050 RM Medium Density Residential District .......... 30-4 9.30.060 RMH Medium High Density Residential District ... 30-5 9.30.070 RH High Density Residential District ............. 30-6 9.30.080 RSP Residential Specific Plan Overlay District ..... 30-7 9.30.090 RR Rural Residential Overlay District ............ 30-8 9.30.010 Summary of District Regulations. A. Permitted Uses. Chapter 9.40 specifies the land uses allowed in each residential district. B. Development Standards. Development standards (such as minimum setbacks and maximum building heights) for each residential district are summarized in this Chapter and set forth in more detail in Chapter 9.50. C. Supplemental Regulations. Sections and page numbers containing supplemental regulations applicable to residential uses are as follows: 9.60.010 Purpose and Intent ................... 60-1 9.60.170 Special Outdoor Events ................ 60-16 9.60.020 Signs and Parking .................... 60-1 9.60.180 Manufactured Housing and Mobilehomes .. 60-17 9.60.030 Fences and Walls .................... 60-1 9.60.190 Family Day Care Facilities .............. 60-18 9.60.040 Patio Covers, Decks and Play Equipment.. 60-5 9.60.200 Senior Citizen Housing ................ 60-19 9.60.050 Storage and Other Accessory Buildings ... 60-6 9.60.210 Construction and Guard Offices .......... 60-20 9.60.060 Garages and Carports ................. 60-6 9.60.220 Trash and Recyclable Materials Storage ..: 60-20 9.60.070 Swimming Pools ..................... 60-7 9.60.230 Noise Control ........................ 60-20 9.60.080 Satellite Dish and Other Antennas ....... 60-8 9.60.240 Landscaping and Open Area ............ 60-21 9.60.090 Second Residential Units .............. 60-9 9.60.250 Model Home Complexes ............... 60-21 9.60.100 Guest Houses ...................... 60-11 9.60.260 Condominium Conversions ............. 60-24 9.60.110 Home Occupations .................. 60-12 9.60.270 Density Bonuses for Affordable Housing .. 60-26 9.60.120 Pets and Other Animals .............. 60-13 9.60.280 Timeshare Regulations ................. 60-30 9.60.130 Recreational Vehicle Parking .......... 60-13 9.60.290 Compatibility Review for 9.60.140 Screening ......................... 60-14 Partially -Developed Subdivisions ....... 60-35 9.60.150 Tennis and Other Game Courts ........ 60-15 9.60.300 Restrictions on Multi -Story 9.60.160 Outdoor Lighting ................... 60-16 Buildings at Project Boundaries ........ 60-37 D. Height Limits Near Major Arterials. Residential buildings located near major highways are limited in height per Section 9.50.020. E. Definitions. For purposes of this Chapter and this Code, the following definitions shall apply: 1. Livable floor area means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted), but excluding walls. Livable floor area does not include a garage or any accessory structure. 30-1 9.30: RESIDENTM DISTRICTS 2. Lot coverage means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" shall mean all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. 3. Project area means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. 9.30.020 RVL Very Low Density Residential District. A. Purpose.To provide for the development and preservation of very low density neighborhoods (zero -to -two units per acre) with one and two-story single family detached dwellings on large lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one and two-story single family attached, townhome, or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Min. Lot Size ................................... 20,000 sq/ft Min. Lot Frontage ................................ 100 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback ........................... 30 ft. Min. Interior/Exterior Side Yard Setbacks ............. 10/20 ft. Min. Rear Yard Setback ........................... 30 ft. Max. Lot Coverage ............................... 30% Min. Livable Floor Area Excluding Garage ............ 1400 sq/ft Min. Landscape Setbacks Adjacent to Perimeter Streets' .. 10' min. at any point, 20' min. average over entire frontage Min. Common Open Area' ......................... 40% ' Does not apply to single family detached unless a specific plan is required. Landscaping and open area shall be per the standards of Sec. 9.60.240. Chapter 9.50 contains additional details and illustrations regarding development standards. 9.30.030 RL Low Density Residential District. A. Purpose. To provide for the development and preservation of low density neighborhoods 30-2 9.30: RESIDENTUL DISTRICTS (two -to -four units per acre) with one and two-story single family detached dwellings on large or medium size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one and two-story single family attached, townhome, or condominium dwellings, with generous open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards: Min. Lot Size ................................... 7200 sq/ft Min. Lot Frontage ................................ 60 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback .............................. 25 ft.' Min. Interior/Exterior Side Yard Setbacks ............. 5110 ft.' Min. Rear Yard Setback ........................... 20 ft. Max. Lot Coverage ............................... 40% Min. Livable Floor Area Excluding Garage ............ 1400 sq/ft Min. Landscape Setbacks Adjacent to Perimeter Streets' .. 10' min. at any point, 20' min. average over entire frontage Min. Common Open Area' ......................... 35% * Projects with ten or more dwelling units shall incorporate front setbacks varying between 20 ft. and 25 ft.+ in order to avoid streetscape monotony. ' 20 ft. if "roll -up" type garage door is used. 2 For interior side yards, add 1 foot additional setback for every foot of building height over 17, up to a required setback of 10 feet. ' Does not apply to single family detached unless a specific plan is required. Landscaping and open area shall be per the standards of Sec. 9.60.240. Chapter 9.50 contains additional details and illustrations regarding development standards. 9.30.040 RC Cove Residential District. A. Purpose. To provide for the development and preservation of the medium density "Cove" residential area with one-story single family detached dwellings on medium size lots. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Min. Lot Size ................................... 7200 sq/ft 30-3 9.30: RESIDENTL4L DISTRICTS (However, existing lots over 5000 sq/ft are buildable provided other standards are met) Min. Lot Frontage ................................ 60 ft. Max. Structure Height ............................ 17 ft. Max. No. of Stories ............................... 1 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback .............................. 25 ft.` Min. Interior/Exterior Side Yard Setbacks ............. 5110 ft. Min. Rear Yard Setback ........................... 10 ft. Max. Lot Coverage ............................... 60% Min. Livable Floor Area Excluding Garage ............ 1200 sq/ft * Projects with ten or more dwelling units shall incorporate front setbacks varying between 20 ft. and 25 ft.+ in order to avoid streetscape monotony. ` 20 ft. if "roll -up" type garage door is used. Chapter 9.50 contains additional details and illustrations regarding development standards. D. Stucco and Tile Required. In addition to the requirements of this Chapter and Chapter 9.60 (Supplemental Residential Regulations), the following materials shall be required on homes built within the RC District: 1. Exterior walls shall be stucco. 2. Sloping roofs on new homes shall be constructed of clay or concrete tile. Replacement of existing roofs shall also require the use of clay or concrete tile unless the Director determines that the roof support structure will not support such materials. Building additions and accessory structures may have roofs of the same or similar materials as the existing home. 9.30.050 RM Medium Density Residential District. A. Purpose. To provide for the development and preservation of medium density neighborhoods (four -to -eight units per acre) with single family detached dwellings on medium and small size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one and two-story single family attached, townhome, or multifamily dwellings, with open space. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Min. Lot Size ................................... 5000 sq/ft Min. Lot Frontage ................................ 50 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* 30-4 9.30. RESIDENTIAL DISTRICTS Min. Garage Setback .............................. 25 ft.' Min. Interior/Exterior Side Yard Setbacks ............. 5/10 ft.2 Min. Rear Yard Setback ........................... 15 ft. Max. Lot Coverage ............................... 60% Min. Livable Floor Area for Single Family Detached Excluding Garage ................ 1400 sq/ft Min. Landscape Setbacks Adjacent to Perimeter Streets; .. 10' min. at any point, 20' min. average over entire frontage Min. Common Open Area' ......................... 30% * Projects with ten or more dwelling units shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. ' 20 ft. if "roll -up" type garage door is used. 2 For interior side yards, add 1 foot additional setback for every foot of building height over 17, up to a required setback of 10 feet. 'Does not apply to single family detached unless a specific plan is required. Landscaping and open area shall be per the standards of Sec. 9.60.240.. Chapter 9.50 contains additional details and illustrations regarding development standards. 9.30.060 RMH Medium High Density Residential District. A. Purpose. To provide for the development and preservation of medium -high density neighborhoods (eight -to -twelve units per acre) with one and two-story single family detached dwellings on small lots, one and two-story single family attached dwellings, and one and two-story townhome and multifamily dwellings. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Min. Lot Size for Single Family Detached or Attached ... 3600 sq/ft Min. Project Size for Multifamily Projects ............. 20,000 sq/ft Min. Lot Frontage for Single Fam. Detached or Attached .40 ft. Min. Frontage for Multifamily Projects ............... 100 ft. Max. Structure Height ............................ 28 ft. Max. No. of Stories ............................... 2 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback for Single Family Det. Or Att. ..... 25 ft.' Min. Interior/Exterior Side Yard Setbacks for Single Family Detached and Multifamily Buildings ... 5110 ft.2 Min. Sideyard Setbacks for Single Family Attached ..... 0' on attached side,19 on open side Min. Rear Yard Setback ........................... 15 ft. 30-5 9.30: RESIDENTIAL DISTRICTS Max. Lot Coverage ............................... 60% Min. Livable Floor Area for Single Family Detached Excluding Garage ................ 1400 sq/ft Min. Livable Floor Area for Multifamily Units Excluding Garage ......................... 750 sq/ft Min. Landscape Setbacks Adjacent to Perimeter Streets' .. 10' min. at any point, 20' min. average over entire frontage Min. Common Open Area' ......................... 30% * Projects with ten or more single family dwelling units shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. ` 20 ft. if "roll -up" type garage door is used. Z For interior side yards, add 1 foot additional setback for every foot of building height over 17, up to a required setback of 10 feet. ' Does not apply to single family detached unless a specific plan is required. Landscaping and open area shall be per the standards of Sec. 9.60.240.. Chapter 9.50 contains additional details and illustrations regarding development standards. 9.30.070 RH High Density Residential District. A. Purpose. To provide for the development and preservation of medium to high density neighborhoods (12-to-16 units per acre) with one to three-story single family attached dwellings and one to three-story townhome and multifamily dwellings. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Min. Lot Size for Single Family Attached ............. 2000 sq/ft Min. Project Size for Multifamily Projects ............ 20,000 sq/ft Min. Frontage for Multifamily Projects ............... 100 ft. Max. Structure Height ............................ 40 ft. Max. No. of Stories ............................... 3 Min. Front Yard Setback (non -garage portions of dwelling) . 20 ft.* Min. Garage Setback for Single Family Attached ........ 25 ft.' Min. Interior/Exterior Side Yard Setbacks ............. 10115 ft.' Min. Rear Yard Setback ........................... 20 ft. Max. Lot Coverage ............................... 60% Min. Livable Floor Area Excluding Garage ............ 750 sq/ft Min. Landscape Setbacks Adjacent to Perimeter Streets' .. 10' min. at any point, 20' min. average over entire frontage Min. Common Open Area' ......................... 30% 30-6 9.30. RESIDENTUL DISTRICTS * Projects with ten or more single family dwelling units shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. ' 20 ft. if "roll -up" type garage door is used. Z For interior side yards, add 1 foot additional setback for every foot of building height over 28, up to a required setback of 15 feet. s Per the landscaping and open area standards of Sec. 9.60.240.. Chapter 9.50 contains additional details and illustrations regarding development standards. 9.30.080 RSP Residential Specific Plan Overlay District. A. Purpose. To provide flexible regulations via the specific plan process thereby allowing the use of modern land planning and design techniques to create master -planned developments incorporating coordinated building design, integrated greenbelts, common recreation facilities (such as swimming pools, golf courses, tot lots etc.), a separation of pedestrian and vehicular traffic, and an overall increase in residential amenity. Specific plans are also to be utilized to allow variations in residential land uses as provided by Section 9.40.030 (per General Plan Policy 2-1.1.9). Specific plan densities, development standards and other features must be consistent with the General Plan. B. Permitted Uses. The specific plan shall specify the permitted uses within its boundaries. Such uses shall be tailored to the plan's location, topography, and other characteristics and shall be consistent with the General Plan. C. Zoning Map Designation. RSP overlay zoning shall be adopted only in conjunction with approval of a specific plan per Chapter 9.240. Upon approval, the specific plan shall become an integral part of the zoning for the property. The zoning designation on the Official Zoning Map shall consist of the base district symbol followed by the specific plan symbol in parentheses; for example, RM (RSP 96- 1). D. Development Standards. Min. Landscape Setbacks 10' min. at any point, 20' min. Adjacent to Perimeter Streets' .................... average over entire frontage Mina Common Open Area' ......................... 30% or as specified by the underlying base district Other Development Standards ....................... As shown on the approved project specific plan. ' Per the landscaping and open area standards in Sec. 9.60.240. Chapter 9.50 contains additional details and illustrations regarding development standards. Win 9.30. RESIDENTL4L DISTRICTS 9.30.090 RR Rural Residential Overlay District. A. Purpose. To facilitate the development and preservation of rural character at low densities (zero -three units per acre) in conjunction with the RVL and RL base districts. The RR district is an overlay district to be used in conjunction with either of the preceding base districts. B. Permitted Uses. As permitted in the underlying base district. C. Designation on Zoning Map. When the RR overlay district is used, the zoning designation on the Official Zoning Map shall consist of the base district symbol followed by the overlay district symbol enclosed in parentheses. For example: RL (RR). D. Development Standards. Development standards shall be the same as those for the underlying base district except for the following: 1. The minimum front yard setback when RVL is the base district shall be 40 ft. 2. The minimum front yard setback when RL is the base district shall be the same as the RL standards (summarized in Section 9.30.040). 3. Lots of two acres or more shall utilize rural street cross -sections (e.g. no vertical curbs). 4. Architectural styles shall emphasize a rural theme (e.g. Ranch, Western, Southwest, or Mission styles). 5. Fencing guidelines representative of a rural theme shall be developed for each project. 6. Equestrian paths adjacent to specified collector and arterial streets shall be required to link residential areas with trail systems and Lake Cahuilla County Park. 30-8 CHAPTER 9.40: RESIDENTIAL PERMITTED USES Sections: 9.40.010 Development Permits Required .............. 40-1 9.40.020 RR Overlay Permitted Uses ................. 40-1 9.40.030 Conditions for Varying Residential Densities ... 40-1 9.40.040 Table of Permitted Uses .................... 40-2 9.40.010 Development Permits Required. This Chapter specifies land uses and structures permitted within residential districts. However, in most cases development to establish a use or structure requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. 9.40.020 RR Overlay Permitted Uses. Permitted uses in the RR Rural Residential overlay district shall be as designated for the underlying base district. 9.40.030 Conditions for Varying Residential Densities. A. Criteria. General Plan Policy 2-1.1.9 provides certain criteria for allowing lower density residential uses in higher density districts and vice versa. Therefore, the criteria in this Section shall apply when such variation in permitted uses is proposed: B. Lower Density Uses. RVL, RL and RM uses may be located in areas designated on the General Plan Land Use Policy Diagram as Medium High Density Residential or High Density Residential provided: l . A specific plan is approved and the overall project density is consistent with that of the General Plan. 2. The decision -making body makes the following findings in addition to those required per Chapter 9.250 (Specific Plans). a. The RVL, RL and RM residential uses are part of a mixed -use planned development. b. Utilities and transportation facilities to the site are designed for the use and density designated on the General Plan Land Use Policy Diagram. c. The RVL, RL or RM residential development will not create a deterrent negatively impacting future RMH or RH development - d. RVL, RL and RM uses are adequately buffered from adjacent RMH and RH uses, commercial sites, and arterial roadways. 3. If the preceding criteria are not met, a General Plan Amendment will be required to allow the 40-1 RESIDENTL4L PERMITTED USES RVL, RL or RM uses in the Medium High or High Density designated area. C. Higher Density Uses. RMH and RH uses may be located in areas designated on the General Plan Land Use Policy Diagram as Very Low Density Residential, Low Density Residential, or Medium Density Residential provided: 1. A specific plan is approved and the overall project density is consistent with that of the General Plan Land Use Policy Diagram. 2. The decision -making body makes the following findings in addition to those required per Chapter 9.250 (Specific Plans). a. The RM and RMH residential uses are part of a mixed -use planned development. b. Utilities and transportation facilities to the site are designed to accommodate the RMH or RH uses. c. The RMH or RH uses are located adjacent to or in close proximity to arterial roadways and intersections. d. The RMH or RH uses buffer RVL, RL or RM uses from commercial uses and arterial roadways. e. The RMH or RH uses are located in close proximity to park/open space uses such as neighborhood and community parks, schools, or other recreational facilities, or, if not located in close proximity to these facilities, the RMH or RH uses provide substantial recreational amenities within the development. 3. If the preceding criteria are not met, a General Plan Amendment will be required to allow the RMH or RH uses in the Very Low, Low, or Medium Density designated area. 9.40.040 Table of Permitted Uses. Table 9-1: Permitted Uses in Residential Districts, following, specifies those uses and structures which are permitted within each residential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal residential use on the site. 3. "C": Permitted if a conditional use permit is approved. 4. "M": Permitted if a minor use permit is approved. 5. "H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. 40-2 9.40. RESIDENTUL PERMITTED USES 6. "S": Permitted if a Specific Plan is approved per Sec. 9.40.030. 7. "X":, Prohibited in the district. TABLE 9-1 PERMITTED USES IN RESIDENTIAL DISTRICTS' P = Principal Use M = Minor Use Permit'' A = Accessory Use H = Home Occupation Permit C = Cond. Use Permit S =',Specific Plan Required X = Prohibited Use' DISTRICT ; � E o s a o cc r LAND USE. RVI. RI RC RM RMH RH Residential Uses Single family detached dwellings P P P P P S Single family detached patio homes i.e. "zero lot -line" S S S S P S Duplexes (two units on the same lot) S S S S P P Single family attached dwellings (two units per building with each unit on its own lot S S X S P P Townhome dwellings (two or more units per building with each unit on its own lot S S X S P P Condominium Multifamily ("airspace" units S S X S P P Apartment Multifamily rental units X X X X P P Mobilehome parks C C C C C C Mobilehome subdivisions and manufactured homes on individual lots, subject to 9.60.180 P P P P P X Group Living and Care Uses Child day care facilities as an accessory use, serving 6 or fewei children, subject to 9.60.190 A A A A A X Child day care facilities as an accessory use, serving 7-12 children, subject to 9.60.190 M M M M M X Congregate living facilities, 6 or fewer persons P P P P P X Residential care facilities, 6 or fewer persons P P P P P P Senior citizen residences, 6 or fewer persons, subject to 9.60.200 P P P P P P Senior grouv housing, 7 or more persons, sub'. to 9.60.200 1 X X X X C I C 40-3 9.40: RESIDENTIAL PERMITTED USES TABLE 9-1: PERMITTED USES IN RESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use H = Home Occupation Permit C = Cond.. Use Permit S = Specific Plan Required X = Prohibited Use DISTRICT o cc �', a W J z' „� E cc= » s = w LAND USE RVL RL RC RM RMH '' RH" Timeshare facilities, subject to 9.60.280 C C C C C C Bed and breakfast inns X X C C C C Open Space and Recreational Uses Public parks, playfields, and open sace P P P P P P Bicycle, equestrian, and hiking trails P P P P P P Clubhouses and community ools/cabanas P P P P P P Unlighted tennis and other game courts on pvt. property, subject to 9.60.150 A A A A A A Lighted tennis and other game courts on private property, subject to 9.60.150 C C C C C C Accessory Uses and Structures Home occupations, subject to 9.60.110 H H H H H H Patio covers, decks, and gazebos, subject to 9.60.040 A A A A A A Fences and walls, subject to 9.60.030 A A A A A A Outdoor antennas and satellite dishes, subject to 9.60.080 M M M M M M Swimming pools, spas and cabanas, subject to 9.60.070 A A A A A A Guest houses, subject to 9.60.100 M M M X X X 2nd units, "granny flats", and employee quarters, subject to 9.60.090 M M M M M M Garages and carports, subject to 9.60.060 A A A A A A Keeping of household pets, subject to 9.60.120 A A A A A A On lots of 1 ac. or more, the noncommercial keeping of hoofed animals, fowl (except roosters) and rabbits, subj. to §9.60.120. Hoofed animals include horses, sheep, goats, pot bellied pigs, and similar. The keeping of horses is subject to 9.140.060. A X X X X X 40-4 9.40. RESIDENTIAL PERMITTED USES TABLE 9-1: PERMITTED USES IN RESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use H = Home Occupation Permit C = Cond. Use Permit S = Specific Plan Required X = Prohibited Use DISTRICT o', Cc cc 5 E 'cc 9 col � LAND USE RVL RL RC RM RMH RH Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district. A A A A A A Agricultural Uses Tree crop farming; greenhouses P X X X X X Field crop fanning P C X X X X Produce stands, subject to §9.100.100 P M X X X X Temporary Uses Garage sales A A A A A A Construction and guard offices, subject to §9.60.210 M M M M M M Use of relocatable building M M M M M M Model home complexes and sales offices, subj. to §9.60.250 M M M M M M Special outdoor events, subject to §9.60.170 M M M M M M Use of recreational vehicles for temporary habitation, subject to §9.60.130 M M M X X X Parking of recreational vehicles, subject to §9.60.130 A A A X X X Other Uses Churches, temples and other places of worship X C X C C X Museum or gallery displaying sculpture, artwork, or crafts, including schools for above, on 20 acres or more C C C C C C Community recreational, vehicle storage lots, noncommercial X X X P P P TV, radio, and microwave towers and related equipment, subject to Chapter 9.170 C C C C C C Utility substations and facilities M M M M M M Public flood control facilities and devices P P P P P P Other principal, accessory or temporary uses not listed in this Table. Director or Planning Commission to determine whether use is permitted in accordance with §9.20.040 40-5 CHAPTER 9.50: RESIDENTIAL DEVELOPMENT STANDARDS Sections: 9.50.010 Mobilehome Park Development Standards ....... 50-1 9.50.020 Height Limits Near Arterial Highways ........... 50-1 9.50.030 Table of Development Standards ................ 50-1 9.50.040 Illustration of Development Standards ........... 50-4 9.50.050 Maximum Building Height ..................... 50-8 9.50.060 Roof and Wall Projections ..................... 50-8 9.50.070 Irregular Lots ................................ 50-9 9.50.080 Setbacks from Surface Easements .............. 50-10 9.50.010 Mobilehome Park Development Standards. Mobilehome parks shall conform to the following standards: 1. Minimum 30 percent common open area; 2. Landscaped Perimeter setbacks for structures: minimum 20 feet at any point and minimum 25 feet average over the entire perimeter; 3. Perimeter setbacks shall not count toward the common open area requirement or vice versa. 9.50.020 Height Limits Near Arterial Highways. In order to facilitate noise screening for residents and preserve visual openness, it is necessary to limit residential building heights near major highways. Therefore, notwithstanding the height standards set forth elsewhere in this Code, additional height limitations shall apply to buildings within 150 feet of the edge of right-of-way of the following General Plan -designated arterial highways: • Major Arterials: All buildings limited to one story. • Primary Arterials: 75 percent of buildings limited to one story. 9.50.030 Table of Development Standards. A. Definitions. For purposes of this Section and this Code, the following definitions shall apply: 1. Livable floor area means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. 2. Lot coverage means the ground floor area of the buildings on a site expressed as a percentage of the net site area. For purposes of this definition, "ground floor area" shall mean all enclosed area, including exterior walls and mechanical spaces. Carports, garages, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. 3. Net project area means all of the land area included within a development project excepting those areas with before -development slopes of 30 percent or steeper and those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. B. Table of Standards. Table 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. 50-1 9.50. RESIDENTL4L DEVELOPMENT STANDARDS TABLE 9-2: RESIDENTIAL DEVELOPMENT STANDARDS DISTRICT DEVELOPMENT STANDARD RVL RL RC RM RMH RH RSP RR overlay overla Min. Lot Size for Single Family 20,000 7200 7200 5000 3600 1 2000 * ** Dwellings s /ft Min. Project Size for Multifamily n/a n/a n/a n/a 20,000 20,000 * n/a Projects Min. Lot Frontage for Single Fam. 100 60 60 50 40 n/a * ** Dwln s (ft.)' Min. Frontage for Multifamily n/a n/a n/a n/a 100 100 * n/a Projects Max. Structure Height (ft.)' 28 28 17 28 28 40 * ** Max. No. of Stories 2 2 1 2 2 3 * ** Min. Front Yard Setback ft. ' 30 20 20 20 20 20 * RVL: 40' Min. Garage Setback' n/a 25 25 25 25 25 * ** Min. Interior/Exterior Side Yard 10/20 5/10 5/10 5/10 5/10 10/15 * ** Setback (ft)6 Min. Rear Yd. Setback (ft.) 30 20 1 10 15 15 20 1* ** Max. Lot Coverage 30 40 60 60 60 60 * ** of net lot area Min. Livable Area Excluding 1400 1400 1200 1400 1 1400 1 750 * ** Garage (sq/ft) (multifam: for 750) ultifam.. Min. Common Open Area' 40% 35% n/a 30% 30% 30% 30% n/a Min. Perimeter Landscape Setbacks (ft.) 10/20 10/20 n/a 10/20 10/20 10/20 10/20 n/a * As shown on the approved specific plan for the project. **As provided in the underlying base district. ' Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Min. lot frontage for flag lots shall be 10 feet. 2 Not including basements. Also, notwithstanding above Table, the maximum structure height = 22' for all buildings within 150' of any General Plan -designated major arterial. ' For non -garage portions of dwelling only. Also, projects with ten or more single family dwelling units shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. 4 For all but RVL District, min. garage setback shall be 20' if "roll -up" type garage door is used. Also, for side -entry type garages, the garage setback may be reduced to 20' in the RVL District and 15' in all other residential districts. 5 If RL is the base district, front yard setback shall be the same as for the RL district per this table. 6 The following are exceptions to the minimum side setbacks shown: • For interior side yards in the RL, RM, and RMH Districts, any second story element or building portion over 17' in height shall be set back a minimum of 10'. For RH, any third story element or building portion over 28' shall be set back a minimum of 15'. • Zero lot line homes: 10' aggregate of both sides. • Single family attached homes: 0' on attached side and 10' on open side. • Garages taking access through a side yard shall conform to the minimum garage setbacks shown in this table. Common open area and perimeter landscape requirements do not apply to single family detached projects unless a specific plan is required.. Common open area = % of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: 1st no. = min. at any point; 2nd no. = min. average over entire frontage (thus, 10/20). See Sec. 9.60.240 for add' 1 landsca e/o n area standards. 50-2 9.50. RESIDENTL4L DEVELOPMENT STANDARDS 9.50.040 Illustration of Development Standards. - I FIGURE 9-1 DEVELOPMENT STANDARDS: RVL AND RL DISTRICTS RVL VERY LOW DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 20,000 sq/ft Max. Lot Coverage: 30% Min. Livable Floor Area (excluding garage): 1400 sq/ft Min. Common Open Area: 40%'Max Ht Min. Setbacks: 10/20 Landscape Max Stor ea, Mih Lot Frontage = 30' Min. Rear Setback = 30' Min. Interior Side Setback =10' Min. Exterior Side Setback = 20' • Common open area and perimeter landscape requirements do not apply to single fam& detached projects unless a spwffc plan /s required. Common open eree = % of net project area. Perimeter landscape setbacks are adjacent to perimeter streets. lot no. a min. at any point, 2nd no. = min. avg. over entire frontage (thus, 10V2O). See Sec. 9.60.240 for additional landecape%pen area standards. RL LOW DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 7200 sq/ft Max. Lot Coverage: 40% Min. Livable Floor Area (excluding garage): 1400 sq/ft Min. Common Open Area: 35%' Min. Perimeter Landscape Setbacks = 10/20' MAX Ht., a M storm 2 Fr r O�h y�c& /�/� ront Setback to nt on -Garage Portion = 20'. Garage Setback a 25' (20' if roll -up type garage door is used) Min. Rear Setback = 20' Min. Interior Sloe Setback = 5' but any aseenl story element or building Gorgon over 17' In height shall be sot back a min. of 10' Min. Exterior Side Setback = 10' 50-3 9.50. RESIDENTUL DEVELOPMENT STANDARDS FIGURE 9-2 DEVELOPMENT STANDARDS: RC DISTRICT RC COVE RESIDENTIAL DISTRICT Min. Lot Size: 7200 sq/ft Max. Lot Coverage: 60% Min. Livable Floor Area (excluding garage): 1200 sq/ft Max. sio"es Min ,.: Lot F� r t ronta0e a.:gp stback to Portion = 20'. Setback = 25' Is used) Min. Rear Setback =10' Min. Interior Side Setback = 5' Min. Exterior Side Setback =10' 50-4 9.50. RESIDENTUL DEVELOPMENT STANDARDS FIGURE 9-3 DEVELOPMENT STANDARDS: RM AND RMH DISTRICTS RM MEDIUM DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 5000 sq/ft Max. Lot Coverage: 60% Min. Livable Floor Area (excluding garage): 1400 sq/ft Min. Rear Min. Common Open Area: 30%' Setback = 16' Min. Perimeter Landscape Setbacks: 10/20' Min, interior Side Setback . 5'. but any second story building ppoortion over 1r In he ht shall be set back a min. of iW. Min. Min. Exterior Side Setback =10' ��t Fronts roM Setback to Zero Lot Line Homes = 9e, sp, n-Gangs Portion =20'. 10' Aggragats, of Both Sides 2' Garage Setback 0rollup type For family garage door Is used) skis setbacks, "a RMH below ' Common open area and perimeter landscape requir rments 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 street*: Iat no.. min. at any point; 2nd no. = min. avg. over entire frontage (thus, 1 W20). See Sec. 9AO.240 for additional landscapielopen arse standards. RMH MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT Min. Lot Size for Single Family: 3600 sq/ft Min. Project Size for Muttifam. Projects: 21 Max. Lot Coverage: 60% Min. Livable Floor Area (excluding garage):1400 sq/ft; Multlfam.:l110 so Min. Common Open Area: 3,4 Min. Perimeter Landscape \ Setbacks:l0/20' 1 dbdwd"HL side •z M Mh; pro "`se for i Mu em' , loc. Min. Roar Setback =18 SOL FALL DtTAC�HHED: la eMment or buNdnO PoAan over r In shah be set back a mks. of tti'. M. Side Setback =10' fo Lot Line Homo =1tr Agpreg ds, both akles OLE FAMILY ATTACHED: on Attached Side, itr on Open SkM 50-5 9.50. RESIDENTM DEVELOPMENT STANDARDS FIGURE 9-4 DEVELOPMENT STANDARDS: RH AND RSP DISTRICTS 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' Max. 3todes = Min, F rontage for Muitifam P rojecta s 100 , Min. Rear Setback = 20' /��_= M14 LY BUILDINGS: Interior Side Setback = 10% but any third story element or building portion o4ar 28' In height shalt bs set back a min. of 15, Min. Exterior Side Setback =15' SINGLE FAMILY ATTACHED: to 0' on Attached Side, 10' on Open Side n = 20'. :k = 25' ' 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%, or as Otherwise Specified by Base District' Perimeter Landscape Setbacks:' • 10' min. at any point, • 20' min. average over entire perimeter' Other development standards to be as shown on approved specific plan for the project "Perimeter setback area shall not be counted as common open area or vice versa Pedmeti • 10' h • 20' h Aver Project Boundary 50-6 9.50: RESIDENTIAL DEVELOPMENT STANDARDS 9.50.050 Maximum Building Height. For purposes of this Code, the maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary plane shall be established above and parallel to the finish grade adjacent to the exterior walls at a vertical distance equal to the specified maximum height. This definition is illustrated below: Figure 9-5.• Mwouremant of Bulld/ng Height 9.50.060 Roof and Wall Projections. A. Roof Projections. Notwithstanding Figure 9-5, chimneys, roof vents, finials, spires, and similar architectural features not containing usable space are permitted to extend up to three feet above the maximum structure height set forth in Table 9-2 preceding. B. Wall Projections. The following architectural projections are permitted to encroach into the required setbacks specified in Table 9-2 preceding: Roof overhangs, chimneys, awnings and canopies may encroach a maximum of two feet into any required setback provided such projections are no closer than 3'/z feet from any property line. 2. Cantilevered seating windows or ledges, which are located a minimum of one foot above the floor and do not increase a building's usable floor area, may encroach a maximum of two feet into any required setback provided such projections are no closer than 3'/2 feet from any property line. 3. If a site development permit is approved per Section 9.210.010, balconies, exterior stairways, 50-7 9.50. RESIDENTUL DEVELOPMENT STANDARDS and elevated decks may encroach a maximum of four feet into required front and rear setbacks provided such projections are no closer than 3 Meet from any property line. Such projections shall not encroach into required side setbacks. 9.50.070 Irregular Lots. A. Purpose. Setback distances established for residential districts are based on rectangular lots. Nonrectangular lots, lots with three sides or more than four sides, and other nonstandard lots require special measurement techniques in order to achieve the purpose of setback requirements, i.e. the appropriate separation of structures from streets and other properties. The purpose of this Subsection is to provide standards for the establishment and measurement of setbacks on irregular lots. (See Chapter 9.280 for definition of lot lines.) i I SE1W= VW7 SCEYMM SETBMX R YM FLAB LOT AocfssM STMEr FAWT OF VW Figure ".-Setbacks on Irregular Lots B. Front Setbacks. Front yard setbacks shall be measured from the ultimate street right-of-way line. C. Rear Setbacks. In the case of an irregularly shaped lot, a ten foot line which is within the lot and parallel to and most distant from the front lot line shall be considered the rear lot line for purposes of determining required setbacks and for interpretation of other provisions of this Code (see illustration). D. Side Setbacks. All lot lines which are not front or rear lot lines shall be considered side lot lines for the purpose of measuring setbacks. 10. WAF- �' UNE /AiRSUAR T i UNE I . A FRONT LOT UNE FROM LOT UNE Figure "&. Rear Lot Une for Measuring Setbacks E. Pie -Shaped Lots. Setbacks on pie -shaped lots shall be measured at the closest point between the building and the angled lot line. F. Flag or Panhandle Lots. 1. Definition. For purposes of this Section, "panhandle lot", "flag lot", "panhandle building site", and "flag building site" all mean the following: a lot or building site having its only vehicular 50-8 9. S0. RESIDENTIAL DEVELOPMENT STANDARDS access by way of a narrow accessway which serves no other property and which is less than 40 feet wide and more than 20 feet long. 2. Setbacks. All setbacks shall be the same as for other lots in the applicable district. The Director shall determine the front lot line via the following procedure (see illustration): a. A line shall be drawn across the accessway where it meets the buildable portion of the lot. b. The front lot line shall then be determined as that lot line adjacent to the buildable portion of the lot which creates a buildable area with greater depth than width. FLAG LOT SETBACKS SAME FRONT LOT LINE ON FLAG AS FOR OTHER LOTS LOTS SHALL BE DETERMINED BY THE DIRECTOR RO SULOOLk q..,_t-- ,.. t. LINE ACROSS ACCE111M.11 R-AQ LOT ACCEMW FIguro 9-7.• Reg Lot Setbacks and Front Lot Llne 3. No Structures in Panhandle. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements. 4. Minimum Lot Frontage. Minimum lot frontage for flag lots shall be 10 feet. G. Determination by Director. Where a building site is situated such that any of the front, side or rear property lines are not readily determinable, required setbacks shall be as determined by the Director in compliance with the following criterion: required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses. 9.50.080 Setbacks from Surface Easements. Where a surface easement for street, vehicular access, bikeway, or recreation trail purposes has been granted across any portion of a lot, the building setback shall be measured from the property line or to the edge of easement, whichever is closer to the building. 50-9 CHAPTER 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS Sections: 9.60.010 Purpose and Intent ..................... 60-1 9.60.170 Special Outdoor Events ............... 60-16 9.60.020 Signs and Parking ...................... 60-1 9.60.180 Manufactured Housing and Mobilehomes 60-17 9.60.030 Fences and Walls ....................... 60-1 9.60.190 Family Day Care Facilities ............ 60-18 9.60.040 Patio Covers, Decks and Play Equipment ... 60-5 9•60•200 Senior Citizen Housing ............... 60-19 9.60.050 Storage and Other Accessory Buildings .... 60-6 9.60.210 Construction and Guard Offices ....... 60-20 9.60.060 Garages and Carports ................... 60-6 9.60.220 Trash and Recyclable Materials Storage. 60-20 9.60.070 Swimming Pools ........................ 60-7 9.60.230 Noise Control ....................... 60-20 9.60.080 Satellite Dish and Other Antennas ......... 60-8 9.60.240 Landscaping and Open Area .......... 60-21 9.60.090 Second Residential Units ................. 60-9 9.60.250 Model Home Complexes .............. 60-21 9.60.100 Guest Houses ......................... 60-11 9.60.260 Condominium Conversions ........... 60-24 9.60.110 Home Occupations .................... 60-12 9.60.270 Density Bonuses for Affordable Housing 60-26 9.60.120 Pets and Other Animals ................ 60-13 9.60.280 Timeshare Regulations ............... 60-30 9.60.130 Recreational Vehicle Parking ............ 60-13 9.60.290 Compatibility Review for 9.60.140 Screening ............................ 60-14 Partially -Developed Subdivisions ..... 60-35 9.60.150 Tennis and Other Game Courts .......... 60-15 9.60.300 Restrictions on Multi -Story 9.60.160 Outdoor Lighting ..................... 60-16 Buildings at Project Boundaries ...... 60-37 9.60.010 Purpose and Intent. This Chapter sets forth requirements for accessory structures, fences and walls, swimming pools, and other special aspects of land use in residential districts. These requirements are in addition to the regulations for residential uses set forth in Chapters 9.30 through 9.50. 9.60.020 Signs and Parking. Refer to Chapter 9.150 for parking regulations and Chapter 9.160 for sign regulations. 9.60.030 Fences and Walls. A. Definition. For purposes of this Section, "fence" or "wall' means any type of fence, wall, retaining wall, sound attenuation wall, screen, or windscreen. The terms "fence" and "wall' are used interchangeably in this Section to mean any or all of the preceding structures. B. Measurement of Fence Height. Except as otherwise specified in this Section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. In addition, the following provisions shall apply to the measurement of fence height: 1. Open railings, up to 48 OPEN RAILING uP TO N• Nall ON TOP OF MAX. HEIGHT WALL MCM UO a THAN sr SHALL sa cronaoeneu SE►AIIATE STauctuaes MR PUM MM OP MaMUY NSONT I / I inches high, placed on top Meisauroment of Fence HNght of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement. 60-1 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS 2. Fences less than 30 inches apart (measured between adjoining faces) shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence. Fences 30 inches or more apart shall be considered separate structures and their heights shall be measured independently. The Director may require that the area between such fences be provided with permanent landscaping and irrigation. C. Maximum Fence Heights. The construction and installation of fences shall be in compliance with the following standards: 1. Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum freestanding fence height shall be 12 feet. 2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet within any required setback area not adjoining a street. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight feet measured from either side. 3. Setback Areas Bordering Streets, Alleys, and Other Accessways. a. Within all districts, the maximum fence height shall be five feet within the first ten feet of the required front setback area (measured from the street right-of-way) and six feet within any rear or side setback area adjoining a public street. b. Notwithstanding other fence height restrictions, where, because of the orientation of the lots, a property line fence separates a front yard on one lot from a rear yard on an adjacent lot, the maximum fence height shall be six feet. c. Arches or trellises up to eight feet in height and five feet in width may be constructed over a gate on a lot provided the arch is integrated into the fence/gate design. Alternately, pilasters adjacent to such a gate may be constructed up to eight feet in height provided the pilasters are integrated into the fence/gate design. A maximum of two such arches or pairs of pilasters shall be permitted per residential parcel. d. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of Paragraph CA. of this Section. e. City- or state -required sound attenuation walls bordering freeways or arterial highways may exceed six feet in height if so recommended by a noise attenuation study and approved by the Director. 4. Visibility at Intersections. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances and to maintain visual openness. Therefore, notwithstanding Paragraph C.3. of this Section, the height of fences, trees, shrubs, and other visual obstructions 60-2 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS shall be further restricted as follows: a. The height of fences, trees, shrubs, and other visual obstructions shall be limited to a maximum height of 30 inches within the triangular area formed by drawing a straight line: 1) Between two points located on and 20 feet distant from the point of intersection of two ultimate street right-of-way lines. 2) Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other. b. For purposes of this Code, "point of intersection" shall mean the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two lines. c. The height restrictions of this Paragraph CA. shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility. D. Gates. 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. 2. Width. Pedestrian gates shall not exceed 48 inches in width, except that other gates may be any width in sideyard fences within sideyard setbacks of at least 12 feet. E. Fence Construction and Materials. All fencing in residential districts shall conform to the following construction and material standards: Wood Fencing. a. Except for gates and for equestrian fencing regulated by Section 9.140.060, wood fencing is permitted in rear or interior side yards only, and only if not visible from the street. Gates may be of wood in any location provided they comply with the standards of this Section. b. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. 60-3 9.60: SUPPLEMENTAL RESIDENTL4L REGULATIONS c. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal 4" x 4" redwood, pressure -treated lumber, tubular steel or block placed five feet on center. All fences shall have a concrete footing or approved post base or be embedded in concrete in a manner which allows standing water to drain from the post hole. The posts shall be installed on the interior side of the lot with fencing material on the outside edge of the support posts. 2. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be used along the front or street side yards only. The iron or steel shall be painted to match or complement the adjacent wall or structure. 3. Masonry Fencing. Solid Masonry fencing (i.e. block, rock, brick, with or without stucco covering) is permitted in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Precision concrete block shall not be used unless all exterior surfaces visible from outside the property are covered with stucco, paint, texture coating, or other comparable coating approved by the Director. 4. Material Combinations. Combinations of two or more of the preceding materials may be used provided that the bottom one-half of the fence is constructed of a masonry material. Combinations incorporating wood materials shall only be used for the rear and interior side yards and only when not visible from the street F. Fence Landscaping and Maintenance. 1. Landscaping. The area between the street right-of-way 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. The use of barbed wire, razor wire, or similar materials in or on fences is prohibited in all residential districts. In addition, chain link or wood fencing is prohibited within required front setbacks or any other required setback adjacent to a street or alley, except for wood gates and for temporary construction fences authorized by a minor use permit issued in accordance with Section 9.210.020. H. Equestrian Fencing. Notwithstanding any other requirements of this Section, fencing shall be regulated by the provisions of Section 9.140.060 (Equestrian Overlay Regulations) where the keeping of horses is permitted. I. Nonconforming Fences. Any fence which does not meet the standards of this Section but which 60-4 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded nor its non-conformance with these standards otherwise increased. Any fence which is destroyed or damaged to the extent of more than 50 percent of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with these standards. 9.60.040 Patio Covers, Decks and Play Equipment. A. Applicability. For purposes of this Section, The term "patio covers, decks, and play equipment" includes any type of yard structure other than a building or a carport. Such structures include but are not limited to open and solid patio covers, gazebos, trellises, arbors, and to play equipment which is more than eight feet in height. All such structures shall be "open" (no side walls) and are referred to in this Section as "yard structures". Enclosed structures shall be considered accessory buildings (see Section 9.60.050). Uncovered decks and others structures less than 18 inches above finish grade shall not be subject to the provisions of this Section. B. Standards. Patio covers, decks, gazebos, play equipment or other yard structures, attached to or detached from the main building shall comply with front and side yard setbacks for the main building and the following requirements: 1. The location of decks and balconies shall be governed by the standards for wall projections in Section 9.50.060. 2. No yard structure shall be more than 12 feet in height. 3. Yard structures shall not be constructed or established within those areas where fences and walls are limited to a maximum height of five feet as specified in Section 9.60.030 nor shall they be located in the panhandle portion of a panhandle lot. 4. No yard structure shall be located less than five feet from any residential lot or from any rear property line adjacent to a public or private right-of-way. 5. No yard structure shall be located less than three feet from any rear property line adjacent to any common use easement or open space or recreational area which is at least ten feet deep. 6. For trellises, patio covers, gazebos, arbors, and similar structures, eaves or roofs may overhang into the required setback a maximum of one foot. Setbacks shall be measured from the nearest supporting member of the structure to the property line or, if the property line is at the toe of a slope, from the top of the slope. 7. Structures shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel. 8. Lattice cross -members in patio covers or trellises shall be of minimum nominal 2" x 2" material, with maximum 2" spacing and maximum 24" span. :M 9.60. SUPPLEMENTAL RESIDENTL9L REGULATIONS 9. No patio cover, trellis, gazebo, arbor, similar structure, or combination thereof shall cover more than 50 percent of the yard area between the residence and the rear property line. 9.60.050 Storage and Other Accessory Buildings. A. Applicability. Accessory buildings, such as storage or gardening sheds, are permitted as accessory structures on a residential lot containing a primary residence subject to the requirements of this Section. (Carports and garages are regulated separately by Section 9.60.060., patio covers by Section 9.60.040, swimming pools and spas by Section 9.60.070, and recreational vehicle parking by Section 9.60.130.) B. Drainage from Roofs. Accessory structures shall be constructed in a manner so as to prevent rooftop water from draining onto any adjacent parcel. C. Lot Coverage Maximums. The placement of accessory structures on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. D. Standards. 1. Maximum Number. No more than one such accessory building may be placed on any residential lot. 2. Maximum Size. No accessory building shall exceed 200 square feet in roof area. 3. Setbacks and Maximum Height. Attached accessory buildings shall comply with setback requirements for the main building. Detached accessory structures shall conform to the following setback standards: 9.60.060 Garages and Carports. A. Height. The maximum structure height shall be 14 feet for a detached carport and 17 feet for a detached garage, except that garages may be up to 28 feet in height if a second dwelling unit .1 . 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS complying with the provisions of Section 9.60.090 is located above the garage. B. Setbacks. 1. In the RVL district, the minimum garage or carport setback shall be 30 feet. In all other residential districts, the minimum setback for front -entry type garages or carports shall be 25 feet if a standard "pivot" type garage door is used, 20 feet if a "roll -up" type garage door is used, and 20 feet for a carport. For side -entry type garages, the minimum garage setback shall be 20' in the RVL District and 15' in all other residential districts. 2. When alleys, private streets or common driveways at the rear of a lot are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests and emergency vehicles, garages and carports may be placed up to a minimum of five feet from such alley, private street or common driveway. C. Lot Coverage Maximums. The placement of a garage or carport on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. 9.60.070 Swimming Pools. A. Applicability. The provisions of this Section shall apply to any outdoor swimming pool, whirlpool, spa (in -ground or above -ground), or open tank or pond containing or normally capable of containing water to a depth of three feet or more at any point. For purposes of this Section, the term "pool" means all or any of the foregoing facilities. B. Standards. Pools are permitted as accessory uses in residential districts subject to the following requirements: 1. Location. In other than private gated communities, pools shall be located at least three feet (measured from water's edge) from any property line and four feet from any structure. No adjustment to these minimums shall be approved. In private gated communities, pools may be located up to the property line if adjacent to common open area. 2. Filter and Heating Equipment. Mechanical pool equipment, such as a pump, filter or heater, shall be located no closer than ten feet from the buildable area (main building envelope) of an adjacent residential lot unless such equipment is placed within a building, underground vault, or other enclosure which the Director determines provides effective noise and vibration attenuation. The Director may require testing of the proposed enclosure by a qualified professional to make the such a determination. In no case shall such equipment or enclosure _ be placed closer than three feet from any property line. In addition, equipment shall be screened from ground view of surrounding properties. Such visual screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting. XS 9.60: SUPPLEMENTAL RESIDENTUL REGULATIONS 3. Fencing Requirements. All pools shall be fenced in accordance with the provisions of the City's Building Code, state law and other applicable laws and ordinances. 9.60.080 Satellite Dish and Other Antennas. A. Purpose. Satellite dish and other antennas consistent with the design and location provisions of this Section shall be permitted as accessory structures within any residential district. B. Permitted Commercial Antennas. Commercial television, radio, microwave, communication towers, and related facilities are permitted as principal uses in all districts subject to approval of a conditional use permit and conformance with the requirements of Chapter 9.170 (Communication Towers and Equipment). Satellite dish and other antennas are permitted as accessory structures in nonresidential districts in accordance with Section 9.100.070. C. Permitted Noncommercial Antennas. Noncommercial privately -owned television and/or radio antennas shall be contained entirely within a building except for: (1) satellite dish antennas and other antennas which cannot function when completely enclosed by a building, and (2) amateur radio antennas used by operators licensed by the Federal Communications Commission (FCC, pursuant to 47 CFR § 97). Such permitted outdoor antennas shall comply with the following design standards and requirements: 1. Number. No more than one satellite dish and one amateur radio antenna shall be permitted per lot. 2. Height and Diameter. Satellite dish antennas shall not exceed eight feet in height measured from adjacent grade or finish floor and shall be no more than eight feet in diameter. Amateur radio antennas shall not exceed the maximum building height for the district as specified in Section 9.50.030. 3. Ground -Mounted Antennas. a. Location. All ground -mounted antennas shall be located within the rear yard or may be located within an interior side yard if not within the required side yard setback. Such antennas are prohibited from exterior street side yards unless not visible from the street. All antennas over six feet in height shall be set back a minimum of ten feet from all property lines. b. Screening. Ground -mounted satellite dish antennas shall be screened from view, including views from adjacent yards, by landscaping or decorative structures (trellis, arbor, fence, etc.). The dish antenna shall be a single color that blends with its surroundings (e.g., off- white, dark green, brown, gray, or black). 60-8 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS c. Disguised Antennas. An antenna which has the appearance of typical backyard furniture or equipment (e.g., satellite dish antenna manufactured to have the appearance of a patio umbrella) is not required to comply with the preceding location and screening standards but shall comply with height and size limits. Such an antenna may be placed on any patio or deck. 4. Building -Mounted Antennas. Roof -top and other building -mounted antennas are prohibited in all residential districts unless completely screened from horizontal view via a parapet wall or other feature which is integrated into the architecture of the building. 9.60.090 Second Residential Units. A. Purpose. This Section provides standards and criteria for the establishment of second residential units within residential districts consistent with Sections 65852.1, 65852.150, and 65852.2 of the state Government Code. B. Definitions. For purposes of this Code, the following definitions shall apply: 1. "Second residential unit" shall mean a dwelling unit, including sleeping and cooking facilities, that is accessory to a pre-existing primary residence on a single family lot. "Granny housing" is intended for sole occupancy by one or two persons age 62 years or older or a handicapped person of any age (plus spouse or care -giver). "Granny housing" is included within the term "second residential unit". 2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessory structure. C. Limitations. Only one second residential unit or one guest house may be established on any lot in addition to the primary residence. Therefore, no more than two residential units on a single lot are permitted under the provisions of this Section. D. Standards for Second Residential Units. A second residential unit may be established in the RVL, RL, RC, RM, or RMH Districts if the following standards are met and a conditional use permit is approved by the Planning Commission in accordance with Section 9.210.020: 1. No interest in the second residential unit may be sold separately from the remainder of the property. However, the second residential unit may be rented. 2. A second unit shall only be permitted on a residential lot which conforms to the minimum lot size requirements of the applicable zoning district and on which one owner -occupied single-family detached dwelling unit (the primary residence) already exists. M 9.60. SUPPLEMENTAL RESIDENTML REGULATIONS 3. The second unit shall be either attached to and located within the living area of the existing primary residence or detached from and located on the same lot as the existing primary residence. 4. No second unit shall be permitted on any residential lot already containing two or more dwelling units. 5. Any new construction required for establishment of the second unit shall conform to all Building Code standards and applicable state law. 6. The second unit shall conform to height, setback, lot coverage, fees, and other zoning requirements generally applicable to residential construction in the district in which the property is located. 7. The second unit shall be architecturally compatible with the primary residence. 8. The floor area of an attached second unit shall not exceed 30 percent of the existing living area of the primary residence. 9. A detached second unit shall not exceed 1200 square feet total floor area. 10. The placement of a second unit on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. 11. A minimum of three off-street parking spaces shall be provided for each residential lot containing an approved second unit, to include the following: a two -car garage for the primary residential unit and one space enclosed or open for the second unit. Tandem parking spaces shall not be credited toward meeting this requirement and no variance or minor adjustment shall be granted to allow substandard parking spaces or locations. 12. The second unit may be separately metered for gas, electricity, water, sewer, and other utility services. 13. The applicant for the conditional use permit for a second unit shall be the owner currently occupying the subject property. 14. The provisions of this Section shall not validate any existing illegal second unit. An application for a permit may be made pursuant to the provisions of this Code to convert an illegal second unit to a conforming legal second unit. The standards and requirements for said conversion shall be the same as for a newly proposed second dwelling unit. 15. In addition to the findings required generally for all conditional use permit approvals, the 60-10 9.60: SUPPLEMENTAL RESIDENTUL REGULATIONS following finding shall be made in order to approve a conditional use permit for a second unit: "The second unit is compatible with the design of the main unit and the surrounding neighborhood in terms of landscaping, scale, height, bulk, lot coverage and exterior appearance." 9.60.100 Guest Houses. A. Purpose. This Section provides standards and criteria for the establishment of guest houses where such units are permitted in accordance with Section 9.40.040. B. Definitions. For purposes of this Code, the following definitions shall apply: 1. "Guest house" shall mean an attached or detached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building and their non-paying guests. 2. "Living area" means the interior habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessory structure. C. Limitations. On lots of ten acres or larger, one or more guest houses may be constructed. On lots smaller than ten acres, only one second residential unit or one guest house may be established on any lot in addition to the primary residence. Thus, on lots smaller than ten acres, a guest house may not be added to a lot containing a second dwelling unit, or vice -versa. D. Standards for Guest Houses. A guest house may be constructed as an accessory use in the RVL or RL Districts subject to approval of a minor use permit. All guest houses shall conform to the following standards: 1. Detached guest houses shall conform to all applicable Building Code standards and all development and design standards of the zoning district in which they are located. In addition, the height of the guest house shall not exceed 17 feet and shall not be more than one story. 2. Guest houses shall be architecturally compatible with the main unit. 3. The floor area of the guest house shall not exceed 30 percent of the existing living area of the principal residence. 4. The placement of a guest house on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030. 5. There shall be no kitchen or cooking facilities within a guest house. 60-11 9.60: SUPPLEMENTAL RESIDENTLIL REGULATIONS 6. A guest house shall be used only by the occupants of the main residence, their non-paying guests, or domestic employees. The guest house shall not be rented or otherwise occupied separately from the main residence. 7. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guest house to a rental unit, to a unit for sale, or to add a kitchen or cooking facility. 8. If a private sewage disposal system is used, approval of the local health officer shall be required. 9.60.110 Home Occupations. A. Purpose. The regulations set forth in this Section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. B. Permit Required Establishment and operation of a home occupation shall require approval of a home occupation permit processed by the Director of Building and Safety in accordance with Section 9.210.060. Information shall be provided to ensure that the proposed home occupation complies with the requirements of this Section. Additional information necessary to make the findings required for approval may be required by the City. C. Use and Development Standards. In addition to the requirements for each residential district, the following standards shall apply to the establishment and operation of home occupations: 1. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principle character or use of the dwelling unit involved. 2. Only residents of the dwelling unit may be engaged in the home occupation. 3. A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than 25 percent of the combined floor area of the house and garage. 4. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 5. There shall be no signs, outdoor storage, parked vehicles, or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics. 60-12 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS 6. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. 9. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10. All conditions attached to the home occupation permit shall be fully complied with at all times D. Revocation or Suspension of Permit. The Director of Building and Safety may revoke or suspend any permit for a home occupation if the Director determines that any of the performance and development standards listed in Paragraph C of this Section have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or City law, or that the home occupation has changed or is different from that authorized when the permit was issued. E. Permit Nontransferable. No permit issued for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than that named in the permit, to commence or carry on the home occupation for which the permit was issued. 9.60.120 Pets and Other Animals. In addition to the required setbacks for structures set forth in this Code for the applicable zoning district, all pens, cages (except dog runs), and other structures specifically for keeping animals overnight, other than in the residence, shall be located at least 50 feet from any adjoining existing residential structure, or, if no residential structure exists, at least 50 feet from such areas where a residential structure may be legally located. Such areas may be defined by any combination of zoning setback requirements, easements or recorded CC&R's. Notwithstanding the provisions of this Section, the keeping of horses shall be regulated by Section 9.140.060 (Equestrian Overlay Regulations). 9.60.130 Recreational Vehicle Parking. A. Purpose.Recreational vehicles may be parked or stored on residentially zoned property only in accordance with the provisions set forth in this Section. Recreation vehicles parked within a validly established recreation vehicle storage facility are exempt from the requirements of this Section. 60-13 9.60. SUPPLEMENTAL RESIDENTL9L REGULATIONS B. Definition. For purposes of this Code, a "recreational vehicle" or "RV" shall mean all trailers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motorhomes, travel trailers, "5th wheels", and camper shells. For purposes of this Section, "stored" shall mean the same as "parked". C. Storage of RV's. RV's may be stored within residential rear or side yards except where fence heights are limited to less than six feet (per Section 9.60.030), provided a three-foot setback is maintained between the RV and the property line. The storage area shall be screened with landscaping or other materials so that the RV is not visible from adjoining properties or from any street abutting the property. Non -landscape screening over six feet in height shall conform to the applicable height limitations of the district. This may require additional setback for the RV storage area. Except for the preceding storage locations and for validly -established recreational vehicle storage facilities, no RV shall be parked for more than 24 hours at any location or combination of locations within the City. 9.60.140 Screening. A. Parking Area Screening. Screening of common parking areas shall be provided for all residential projects in accordance with the requirements for nonresidential uses in Section 9.100.050. B. Equipment Screening. 1. Roof -Mounted Equipment. Roof -mounted utility and mechanical equipment, including but not limited to air conditioning, heating, restaurant exhaust fans, electrical elevator structures, roof accesses, etc., may be permitted only if screened per the following requirements: a. For flat roofs, a screened enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. For all roofs, screening shall be an integral part of the roof design and not appear as an afterthought. b. Such screening shall be provided so that the highest point of the equipment is below the surrounding architectural feature and is screened from view to a minimum horizontal sight distance of 1320 feet as viewed from a point five feet above finish grade, whichever provides the most screening. c. All roof mounted equipment shall be screened from view of surrounding two-story (or more) residential development and, where feasible as determined by the city, from two-story commercial and other types of development. 2. Ground -Mounted Equipment. Ground -mounted utility, mechanical, and pool or spa equipment shall be screened from ground view of surrounding properties. Such screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting. Equipment within exterior side yards shall be screened by an opaque wall. 3. Solar Equipment. Solar heating equipment, whether roof- or ground -mounted shall be installed so that the underside of the equipment is not visible from surrounding properties. 4. Access Ladders. Wall -mounted exterior roof access ladders are prohibited unless screened from 60-14 9.60. SUPPLEMENTAL RESIDENTL4L REGULATIONS view by surrounding features. C. Facility Screening. Within multifamily and condominium projects, storage, trash, and loading areas shall be screened as follows: 1. Storage Areas. All storage, including cartons, containers, materials, or equipment shall be screened from public view as required by Section 9.100.120 (Outdoor Storage and Display). 2. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with Section 9.60.220. Decorative overhead structures such as trellises shall be integrated into the enclosure design if it is visible from higher terrain. 3. Loading Areas. Loading platforms and areas shall be screened from view from adjacent streets and residential, open space and recreation areas. 9.60.150 Tennis and Other Game Courts. A. Permits Required. Construction of tennis and other game courts, including fencing, may be permitted as indicated in Section 9.40.040. All lighted game courts, where permitted, shall require approval of a conditional use permit by the Planning Commission processed in accordance with Section 9.210.020. B. Development Standards. Game courts shall meet the following minimum development standards: 1. Fences. A maximum 12-foot high fence (measured from the finished grade of the court) shall be allowed. Fences may include a dark, non -reflective screening material. If the fencing is chain link, it shall be vinyl -coated or painted in a dark color such as dark green or black. 2. Setbacks. Minimum setbacks from property lines for game courts shall be: Front yard: 20 feet Side yard: 10 feet Rear yard: 10 feet The preceding minimum setbacks shall be increased by three feet for every foot of abutting court fence height over eight feet. In addition, if the setback from any side or rear property line is less than 30 feet, the finish grade of the court shall be a minimum of four feet lower than the finish grade at the applicable side or rear property line. 3. Lighting. Game court lighting shall conform to the requirements of Section 9.60.160. (Outdoor Lighting). In addition, a maximum of eight lights (i.e. eight individual light sources) shall be permitted and mounting standard height shall not exceed 18 feet measured from the court surface. Courts shall not be lighted after 10:00 p.m. 4. Glare. The surface area of any game court shall be designed, painted, colored, and/or textured to reduce the reflection from any light source. 60-15 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS Landscaping. Landscaping shall be installed and maintained between the court fence and property line. A landscape plan shall be submitted with the building permit application, reviewed and approved by the city landscape architect, and implemented at the same time as court construction. 9.60.160 Outdoor Lighting. All residential land uses shall conform to the nonresidential outdoor lighting standards of Section 9.100.150. In addition, residential lighting shall comply with the following requirements: 1. Outdoor Game Courts. All lighted outdoor recreation uses shall be subject to the provisions of Section 9.60.150 for lighted game courts. 2. Height. Building -mounted lights shall be installed below the eave line or below the top of wall if there are no eaves. Pole or fence -mounted decorative and landscape lights shall be located no more than eight feet above grade. 9.60.170 Special Outdoor Events. A. Outdoor Events. Within residential districts, special outdoor events shall include, but are not limited to pageants, fairs, carnivals and large athletic events, religious or entertainment events, block parties, and large neighborhood or community gatherings in temporary outdoor facilities. B. Standards. Special outdoor events are permitted in residential districts as indicated in Table 9-1 provided the following requirements are met: 1. Approval of a temporary use permit shall be required for events to be attended by more than 50 people, including participants and spectators. 2. Regardless of the number of attendants, activities conducted on property owned by or leased to the city or on public rights -of -way may require an encroachment permit issued by the Public Works Director. 3. The event may be permitted for a period not to exceed ten consecutive days. Events conducted by a single permittee or group which occur more than twice in a calendar year are not considered temporary and shall not be eligible for a minor use permit. 4. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required. 5. Applications for permits or certificates required by Paragraphs A. and B. of this Section shall be referred by the Community Development Department to other affected departments, cities or public agencies as may be appropriate for review and comment. 6. Signs for the event shall be allowed as follows: 60-16 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS a. Maximum of one temporary banner per street frontage, not to exceed 32 sq.ft. b. Maximum one temporary portable sign on- or off -site on private property, not to exceed 55 sq.ft. c. Maximum 30 off -site temporary signs, subject to the provisions of Section 9.160.060, Paragraphs C through H. d. Maximum 15 bunting signs, with maximum size to be approved by the Director of Community Development. e. Posting period, locations, and related details shall be as approved in the temporary use permit for the event. f. Other signs and advertising devices, such as pennants, flags, A -frame signs, and light strings are prohibited. 7. Related issues, including but not limited to police and security, food and water supply, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the Director, Sheriff, Fire Chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, health and tent permits. 9.60.180 Manufactured Housing and Mobilehomes A. Purpose. This Section is intended to provide standards and criteria for the placement, design, and construction, of manufactured, modular, and mobile homes in residential districts consistent with Section 65852.3 et seq of the state Government Code. B. Definition. For the purposes of this Zoning Code, the terms "manufactured home" "modular home" and "mobilehome" shall mean the same thing, that is: a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. For purposes of simplicity, the term manufactured home is used in this Section. C. Mobilehome Parks. In accordance with Section 65852.7 of the state Government Code, mobilehome parks are permitted in all residential districts if a conditional use permit is approved. Development standards for such parks shall be as follows: minimum 30 percent common open area and minimum perimeter setbacks of 20 feet at any point and 25 feet average over the entire perimeter. C1i1ii 9.60. SUPPLEMENTAL RESIDENTL4L REGULATIONS D. Individual Manufactured Homes. In accordance with Section 65852.3 et seq of the state Government Code, individual mobilehomes may be permitted as permanent or temporary dwellings on single family lots within the RVL, RL, RC, RM, and RMH Districts. D. Site Development Permit Required. Approval of a site development permit by the Planning Commission shall be required prior to the placement of a manufactured home on a single family lot. The permit shall not be approved unless the Commission fords that the dwelling meet the same development standards as provided for single family homes for each district as set forth in Chapter 9.50 and elsewhere in this Code in addition to the standard findings for approval of a site development permit per Section 9.210.010. 9.60.190 Family Day Care Facilities A. Purpose. The purpose of this Section is to provide standards for the establishment and operation of child or family day care facilities within residential districts consistent with Chapters 3.4 and 3.6 of Division 2 of the state Health and Safety Code. B. Small Day Care Facilities. Family day care facilities serving six or fewer children are permitted in all residential districts except the RH District. Such facilities shall conform to the following requirements: 1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety equipment as specified by the Fire Marshal and/or state regulations. 2. All facilities shall be operated in accordance with state and local health, safety, and other regulations. 3. All parking and outdoor lighting shall comply with the applicable regulations set forth in Chapter 9.150 and Section 9.60.160, respectively. 4. All facilities shall comply with the development standards of the residential district in which they are located, as set forth in Section 9.50.030. 5. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms to the standards of Section 9.60.030 (Fences and Walls). No such play area shall be provided where fences are limited to less than five feet in height. C. Large Day Care Facilities. Family day care facilities serving seven to 12 children are permitted in all residential districts except the RH District if a minor use permit is approved. Such facilities shall conform to the preceding requirements for small day care facilities plus the following: 1. A minor use permit approved by the Community Development Director shall be required to 60-18 9.60. SUPPLEMENTAL RESIDENTLU REGULATIONS establish a large family day care facility in accordance with Section 9.210.020. In addition, all facilities shall comply with this Section and with any additional requirements imposed as part of the use permit or of any other applicable permit. 2. No large family day care facility shall be approved on a parcel which is within 500 feet of another parcel which either already contains such a facility or which has a valid permit for such a facility. 3. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms to the standards of Section 9.60.030 (Fences and Walls). No such play area shall be provided where fences are limited to less than five feet in height. 4. Outdoor activities shall be limited to between the hours of 9:00 a.m. and 7:00 p.m. 9.60.200 Senior Citizen Housing. A. Purpose. The purpose of this Section is to provide standards for the establishment and operation of senior citizen housing facilities consistent with Sections 1568.083 et seq and 1569.85 of the state Health and Safety Code. B. Senior Citizen Residences. Senior residences, i.e. those with six or fewer residents, shall conform to the following requirements: 1. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety equipment as specified by the Fire Marshal and/or state regulations. 2. All facilities shall be operated in accordance with state and local health, safety, and other regulations. 3. All signs, parking, and outdoor lighting shall comply with the applicable regulations set forth in this Code. 4. All facilities shall comply with the development standards of the residential district in which they are located as set forth in Section 9.50.030. C. Senior Group Housing. Senior group housing facilities, i.e. those with seven or more residents, may be permitted in all residential districts subject to approval of a conditional use permit by the Planning Commission. Such facilities shall conform to the preceding requirements for senior citizen residences plus the following: 60-19 9.60. SUPPLEMENTAL RESIDENTL4L REGULATIONS 1. Residential occupancy shall be limited to single persons 55 years of age or over or married couples with at least one spouse 55 years of age or over. 2. The project may provide, for the exclusive use of the residents, central cooking facilities, common dining room(s), central laundry facilities, a beauty shop, a barber shop, and a pharmacy not exceeding 1000 square feet in floor area. 9.60.210 Construction and Guard Offices. The temporary placement of a trailer, recreational vehicle, or other relocatable building, or the temporary use of a permanent structure on an active construction or grading site to serve as a construction and/or guard office, and the establishment of a materials and equipment storage yard, may be permitted subject to approval of a minor use permit processed in accordance with Section 9.210.020 and the following requirements: 1. The office shall not be moved onto the site or otherwise established until issuance of a precise grading permit or, if there is no grading permit, until issuance of a building permit. 2. Any temporary use and/or structure shall be removed from the site prior to the issuance of certificates of occupancy for the last new building on the site. I Any permanent structure or portion thereof devoted to a temporary use shall be converted to a permanent permitted use prior to the issuance of a certificate of occupancy for the last new building on the site. 4. The use of a recreational vehicle as a construction or guard office shall require approval of a minor use permit by the Director in accordance with Section 9.210.020. 9.60.220 Trash and Recyclable Materials Storage. All condominium and multifamily projects shall comply with the nonresidential trash and recyclable materials storage requirements of Section 9.100.200. 9.60.230 Noise Control. Residential land uses shall comply with the nonresidential noise control standards set forth in Section 9.100.210. 9.60.240 Landscaping and Open Area. A. General Requirement. All multifamily, single family attached, and specific plan projects shall include both perimeter landscaping and common open area in accordance with the standards of this 60-20 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS Section. Perimeter landscaping shall not count toward common open area requirements or vice versa. B. Perimeter Landscaping. Perimeter landscape setbacks shall be installed to the depth specified in Section 9.50.030 (Table of Development Standards). Rights -of -way, parking areas, private patios, and private yards shall not count toward the perimeter landscaping requirement. C. Common Open Area. Common open area shall meet the percent of net project area standards specified in Section 9.50.030 (Table of Development Standards). Common open area shall consist of passive landscaped and active recreation area. Rights -of -way, parking areas, private patios, private yards, and slopes steeper than 20 percent shall not count toward the common open area requirement. D. Active Recreation Area. At least 30 percent of the required common open area shall be suitable for active recreational uses such as: swimming pool, spa, and related facilities; clubhouse; tot lot with play equipment; court game facilities such as tennis, basketball, or racquetball; improved softball or other playfields; or similar facilities for active recreational use. Active recreation area shall not include any common area which is less than 15 feet wide or less than 300 sq/ft in area or which has an average slope gradient greater than five percent. E. Landscaping Standards. A landscape plan shall be prepared and implemented for all affected projects. Perimeter and common open area landscaping shall be installed and maintained in accordance with the following standards: 1. Height of landscaping along all streets and boundaries shall comply with Section 9.60.030 (Fences and Walls). 2. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb or other barrier at least six inches higher than the parking or vehicular area to prevent vehicular damage to the landscaped area. 3. All landscaping shall be maintained in a neat, clean and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering. Permanent automatic irrigation facilities shall be provided for all landscaped areas. 9.60.250 Model Home Complexes. A. Model Home Complex and Sales Offices. Temporary model home complexes, real estate sales offices and related signage may be established if a minor use permit is approved in accordance with Section 9.210.020 and the following requirements are satisfied: 1. The complex is used solely for the original sale of new homes or the first rental of apartments in projects of 20 or more units. 60-21 9.60. SUPPLEMENTAL RESIDENTL4L REGULATIONS 2. The complex is located within the area of the project for which it is established. The temporary sales office shall not be located within 100 feet of an existing dwelling unit which is not a part of the new project. 3. Notwithstanding other provisions of this Code, the parcel of land on which a temporary real estate office is established is not required to be a building site provided the parcel is precisely described. 4. The following structures and facilities are permitted in conjunction with the establishment of a temporary real estate office in conformance with an approved minor use permit: a. Model homes in compliance with the zoning regulations applicable to the properties that are being sold. b. Garages, attached and detached, in compliance with the zoning regulations applicable to the properties that are being sold. c. Temporary sales office buildings or relocatable buildings. d. Accessory buildings and structures in compliance with the zoning regulations applicable to the properties that are being sold. e. Recreational facilities that will become a permanent portion of the project in compliance with the zoning regulations applicable to the properties that are being sold. f. Permanent streets and driveways that will be part of the project after the closure of the real estate office use. g. Temporary children's playgrounds. h. Temporary and permanent fencing, walks, and structural amenities. i. Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary for employees and guests. j. Temporary vehicular accessways. k. Temporary landscaping. B. Signs. Signs in connection with a temporary model home complex shall be permitted within a project subject to the following requirements: 60-22 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS 1. Project identification signs are permitted at each street entrance and shall conform to the provisions of Section 9.160.070 (Permitted Semi -Permanent Signs): a. Sign area: maximum 32 sq.ft. per sign and 64 sq.ft. aggregate per project. b. Height: maximum ten feet. 2. The sign copy shall be limited to matters relating to the project within which the signs are located. 3. Time limits for display of signs shall be concurrent with that of the permitted model home complex. C. Flags. Flags in connection with a temporary model home complex may be permitted within a residential project subject to the following requirements: 1. Number. A maximum of eight flags shall be permitted. There shall be no more than one flag per pole. 2. Height. Flag poles shall be a maximum of 20 feet in height on the perimeter of the project and 16 feet in height in the interior. Pole heights shall be measured from finish grade at the nearest project perimeter. 3. Pole Diameter. Pole diameter shall be determined by the lateral load and size of the flag. The Director shall provide applicants with diameter standards. 4. Size. Flags shall be a maximum of 18 square feet in area on the perimeter of the project and 12 square feet in the interior. 5. Rigid Flags. Rigid flags, secured on more than one side, are prohibited. 6. Flag Copy. Flag copy is prohibited. 7. Color. Flags may vary in color or have multiple colors but fluorescent colors are prohibited. 8. Time Periods. Flags shall be approved by the Director for an initial six-month period. The Director shall review the installed flags prior to the end of that period. If the Director determines that all standards and conditions have been met and that all flags have been properly maintained, the Director may grant a time extension for an additional six months. If no such extension is approved, all flags must be removed upon expiration of the initial six months. D. Prohibited Advertising Devices. The following advertising devices or activities are expressly 60-23 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS prohibited within or outside the project: banners, balloons, portable trailer signs, or human indicators, except as specifically approved in a minor use permit and in compliance with Chapter 9.160 (Signs). E. Requirements for Approval. Any approving action shall include those conditions and requirements deemed by the decision -making authority to be necessary or advisable to protect the public safety and the general welfare, together with adequate guarantees 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: "The access, parking and circulation facilities will not result in excess traffic congestion or traffic safety hazards." F. Time Limitations. A minor use permit for a real estate office may be approved for a maximum time period of one year from the date of approval. A time extension of up to one year may be approved by the Community Development Director if the Director finds that all requirements of this Section and all other City requirements and conditions have been met. 9.60.260 Condominium Conversions. A. Purpose. The purpose of this Section is to: Provide standards and criteria for regulating the conversion of rental housing to residential condominium, community apartment or stock cooperative types of ownership and for determining when such conversions are appropriate; 2. Mitigate any hardship to tenants caused by their displacement; and 3. Provide for the public health, safety and general welfare. B. Applicability. The provisions of this Section shall apply to all conversions of rental housing into condominiums, community apartments or stock cooperatives notwithstanding any other provision of this Zoning Code. C. Use Permit and Subdivision Required. All conversion projects subject to this Section shall require approval of a conditional use permit in accordance with Section 9.210.020 and approval of tentative and final subdivision maps. D. Zoning and Subdivision Standards. Conversion projects shall conform to: (1) the applicable standards and requirements of the zoning district in which the project is located at the time of approval, and (2) the applicable provisions of the Subdivision Code. 60-24 9.60. SUPPLEMENTAL RESIDENTL9L REGULATIONS E. Tenant Notification. Applicants for conversion projects shall be responsible for notifying existing and prospective rental tenants as follows: Existing Tenants. At least 60 days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in Section 66452.9 of the state Subdivision Map Act to each tenant of the subject property. Further, if the conversion project is approved, the applicant shall give all tenants a minimum of 180 days advance notice of the termination of their tenancy. 2. Prospective Tenants. At least 60 days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in Section 66452.8 of the Subdivision Map Act to each person applying after such date for rental or lease of a unit of the subject property. Pursuant to the Subdivision Map Act, failure of an applicant to provide such notice shall not be grounds to deny the conversion but shall make the applicant subject to the penalties specified in Section 66452.8 of the Subdivision Map Act. 3. Evidence of Tenant Notification. Each application for conversion shall include evidence to the satisfaction of the Director that the notification requirements specified in Paragraphs E.1. and E.2. of this Section have been or will be satisfied. F. Tenant Purchase Option. The property owner shall provide tenants with a 90-day preemptive right to purchase a unit or a right of exclusive occupancy upon more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. Such right shall be irrevocable for a period of 90 days after the commencement of sales and notification of the tenant of such right. G. Application Requirements. Each application for a conversion project shall be accompanied by the following in addition to the standard filing requirements for conditional use permit and subdivision applications: 1. Engineering Report. An engineering report on the general condition of all structural, electrical, plumbing and mechanical elements of the existing development, including noise insulation, and the estimated cost of repair or improvements, if any. The report shall be completed to the satisfaction of the Director, signed and dated by the Director, and made available to prospective buyers if the conversion is completed. 2. List of Tenants. A complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. Within 10 days after the filing of the application, the Director shall notify each tenant of the application, forward a copy of the engineering report required by Paragraph G.1. of this Section, and list the procedures to be followed. The Director shall mail a notice of public hearing at least 10 days before the hearing 3111PA 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS to each tenant on the mailing list. 3. Housing Program. Each application for a conversion project shall be accompanied by a Housing Program. The program shall include but not be limited to the following: a. The means by which the provision of affordable rental housing will be achieved; (e.g. by maintaining affordable rental condominium units within the converted project or by providing affordable rental units elsewhere in La Quinta.) b. A housing report addressing the balance of housing in the immediate area, including vacancy rates and other available housing of similar type and rent, the current rents and estimated monthly payments and fees of the units to be converted, and all improvements and renovations contemplated; c. A survey of existing tenants as to their length of occupancy and the number of those who express the intention of purchasing one of the units; and d. A relocation plan which identifies the steps which will be taken to ensure the successful relocation of each tenant if the conversion is completed. The relocation plan shall also state what specific relocation assistance existing tenants will be given, such as costs relating to physically moving tenants and their possessions, first months' rent in the tenant's new unit, security and cleaning deposits, and phone connection and utility deposits. Particular consideration shall be given to the needs of elderly and disabled individuals, families with children, and other tenants who may encounter difficulty in fording a new residence. H. Affordable Units in Condominium Conversions. The provision of affordable dwelling units in connection with the conversion of apartments to condominiums shall be governed by the provisions of this Section and of Section 9.60.270. 9.60.270 Density Bonuses for Affordable Housing. A. Purpose. This Section is intended to implement the provisions of. (1) state Government Code Sections 65915 and 65915.5, which require a local jurisdiction to provide incentives for the production of affordable housing units; and (2) the City's General Plan Housing Element policies relating to the provision of affordable housing. B. Eligibility. A density bonus may be granted to an eligible housing development in any residential district through approval of a conditional use permit by the Planning Commission. In order to qualify for a density bonus or other financial incentives of equivalent value as specified in Government Code Section 65915, the developer of a housing project shall agree to construct one of the following: 60-26 9.60. SUPPLEMENTAL RESIDENTL9L REGULATIONS 1. At least 20 percent of the total units of a housing development for persons and families of lower income, as defined in state Health and Safety Code Section 50079.5. 2. At least ten percent of the total units of a housing development for very low income households, as defined in state Health and Safety Code Section 50105. 3. At least 50 percent of the total units of a housing development for "qualifying residents", as defined in state Civil Code Section 51.2. Only one density bonus/incentive shall be granted to each project regardless of the number of preceding qualifying commitments made by the developer. C. Density Bonus/Incentives. Density bonuses and regulatory concessions and/or incentives shall require approval of a conditional use permit and shall be subject to the following provisions: 1. Density Bonus. For purposes of this Section and in accordance with Government Code Section 65915, "density bonus" shall mean a density increase of 25% over the otherwise maximum allowable residential density under the General Plan. 2. Determination of Unit Count. When. computing the number of housing units which are to be affordable, the density bonus shall not be included. 3. Minimum Project Size. A project must contain at least five dwelling units in order to be considered for a density bonus. 4. Previous Density Bonuses. The density bonus provision shall not apply to any parcel or project area which has previously been granted increased density through a General Plan amendment, zone change or other permit to facilitate affordable housing. 5. Dispersal of Affordable Units. "Affordable" or "density bonus" units shall be generally dispersed throughout a development project and shall not differ in appearance from other units in the development. 6. Regulatory Incentives. In accordance with Government Code Section 65915, in addition to a density bonus the City shall grant at least one of the following regulatory concessions and/or incentives to insure that the residential project will be developed at a reduced cost: a. A reduction or modification of City code requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 25 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. 60-27 9.60. SUPPLEMENTAL RESIDENTIAL REGULATIONS b. Approval of mixed -use development in conjunction with a multi -family residential project if commercial, office, industrial or other land uses will reduce the cost of the housing development and if the project will be compatible internally as well as with the existing or planned development in the area where the proposed project will be located. c. Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions. D. Procedures. The procedures for implementing this Section shall be as follows: 1. Notification to Developer. The City shall, within 90 days of receipt of a written proposal to, utilize a density bonus for affordable housing, notify the developer in writing of the procedures governing these provisions. 2. CUP Required. Affordable housing projects processed under this Section shall require approval of a conditional use permit by the City Council. 3. Required Findings. In addition to the findings required for conditional use permits generally, all of the following findings shall be made by the City Council in approving any such permit granting a density bonus: a. The number of units permitted by the conditional use permit is compatible with the existing and planned infrastructure and service facilities serving the site; b. The developer has demonstrated that the density bonus and adjustment of standards is necessary to make the project economically feasible; and, c. The proposed project is compatible with the goals and policies of the General Plan and purpose and intent of this Code. 4. Development Standards. When a conditional use permit for affordable housing is approved, the site development standards specified in the permit shall supersede the otherwise applicable development and other standards set forth for residential projects in this Chapter. 5. Agreement to Ensure Affordability. Prior to the issuance of a building permit for any dwelling unit in a development for which "density bonus units" have been awarded or incentives been given, the developer shall submit documentation which identifies the affordable units and shall enter into a written agreement with the City to guarantee their continued use by and availability for low and moderate -income households for 30 years. The agreement shall extend for more than 30 years if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. The terms and conditions of the agreement shall run with the land, shall be binding upon all successors in interest of the 60-28 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS developer, and shall be recorded in the Office of the Riverside County Recorder. The agreement and other project documents shall also include the following provisions: a. The developer shall grant the City the continuing right of first refusal to purchase or lease any or all of the designated units at fair market value; b. The deeds to the designated units shall contain a covenant stating that the developer or the developer's successors in interest shall not sell, rent, lease, sublet, assign or otherwise transfer any interests in such unit without the written approval of the City, confirming that the sales price of the units is consistent with the limits established for low- and moderate - income households as adjusted by the Consumer Price Index; and, c. The City shall also have the authority to enter into other agreements with the developer or purchasers of the dwelling units as may be necessary to assure that the designated dwelling units are continuously occupied by eligible households. E. Condominium Conversions. The creation or continuation of affordable dwelling units in connection with the conversion of apartments to condominiums shall be governed by the following provisions: 1. Eligibility. When an applicant for approval to convert apartments to condominiums agrees to provide at least 33 percent of the total units to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code or 15 percent to lower income households as defined in Section 50079.5 of the Health and Safety Code and agrees to pay the reasonably necessary administrative costs incurred by the City in the processing of the conversion, the City may, through approval of a conditional use permit, either: (a) grant a density bonus, or (b) provide other incentives of equivalent financial value. However, nothing in this Section shall be construed to require the City to approve a proposal to convert apartments to condominiums. 2. Equivalent Financial Value. For purposes of this Section "other incentives of equivalent financial value" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City might otherwise apply as conditions of conversion approval under the procedures of Section 9.60.260 of this Code. 3. Conditions of Approval. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate 4. Ineligiblity. An applicant shall be ineligible for a density bonus or other incentives under this Section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Paragraphs B. and C. of this Section. 60-29 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS 5. Procedures. Procedures for review of condominium conversions with affordable units shall be as set forth in Section 9.60.260 as well as Paragraph D. of this Section. 9.60.280 Timeshare Regulations. A. Purpose. The City Council finds that timeshare facilities constitute a commercial hotel use. Due to the mixed method of operation, hybrid ownership, the potential generation of large numbers of people and vehicles, and the potential impact on the tourism -related facilities in the City, special development criteria are warranted. Also, this Section is intended to establish criteria by which timeshare facilities will function as hotels/motels. Any conversion of an existing facility to timeshare use will be required to meet the same standards as new facilities. B. Definitions. For purposes of this Section, the following definitions shall apply: "Timeshare facility" means a facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or portion of real property for a period of time which has been or will be allocated from twelve or more occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. 2. "Person" means an individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. C. Limits on Occupancy. 1. In no instance shall a person occupy one or more timeshare units in a timeshare facility for more than thirty days. Units which do not meet such criteria shall be considered to be residential units and shall be subject to all applicable zoning restrictions. 2. Units in a timeshare facility shall not be used as a residence unless: a. The residential use is allowed by the underlying zone designation; and b. The residential use was specifically allowed by the conditional use permit or other City discretionary permit. D. Where Permitted. 1. Timeshare facilities and conversions to timeshare use are permitted subject to approval of a conditional use permit only in residential zoning districts and in the CC (Community Commercial) and CT (Tourist Commercial) districts Such facilities and conversions are 60-30 9.60: SUPPLEMENTAL RESIDENTIAL REGULATIONS expressly prohibited in all other districts. Further, the conversion of timeshare units to residential condominium uses is prohibited unless one hundred percent of the units in the development are converted simultaneously. 2. Timeshare facilities may include other uses, either as minor ancillary uses to the timeshare facility or independent facilities so long as the specific use is allowed by the underlying zone designation. Such uses shall meet all City laws and requirements. E. Development Standards. The following shall constitute the minimum development standards for timeshare facilities and the conversion of existing facilities to timeshare use. Additional requirements may be attached to a conditional use permit or other discretionary permit if found to be. necessary to assure that the development is consistent with the purpose of this Section: 1. Density. The density of the timeshare project shall not exceed the density permitted by the General Plan or by the applicable zoning district. 2. Setback Height, and Lot Coverage. The minimum required setbacks and minimum height and lot coverage shall be those as established in the underlying zone designation. Additional setbacks and height and lot coverage restrictions may be required to ensure that the facility is adequately buffered from surrounding uses. 3. Parking. The minimum parking requirements for timeshare facilities shall be those required by law for hotel/motel uses, plus requirements for ancillary uses (for example, restaurants and shops). Other uses which are included in the facility, but which are not ancillary uses, shall meet all requirements of this Code. Additional parking may be required if the design of the facility and units indicates that additional parking is necessary. 4. Signs. The sign requirements shall be those as established by Chapter 9.160. 5. Management. The management of a timeshare facility shall be in accordance with the requirements established by the California Department of Real Estate for timeshare uses. An on -site manager is required. 6. Required Facilities. The provision of facilities, amenities, or design features usually associated with hotels/motels (e.g. lobbies, check -in area, registration desks, service closets, laundry facilities) shall be required to ensure that the timeshare facility will adequately function as a hotel/motel. F. Conversions to Timeshare Uses. The following standards shall apply to conversions of existing facilities to timeshare uses: 1. The conversion of any type of existing unit or facility to timeshare use shall be subject to the 60-31 9.60: SUPPLEMENTAL RESIDENTML REGULATIONS approval of a conditional use permit. Conversions shall be evaluated in terms of the physical suitability of the units or facilities for timeshare use. Items to be considered shall include, without limitation, the general maintenance and upkeep of the structures; general physical condition of the facility; age of the structures; suitability of the units for the type of occupancy proposed; availability of kitchen facilities; the age, condition, and general repair of any recreational facility; the potential impact on nonconverting units within the facility; and conformance with appropriate building, safety, or fire standards. The upgrading of the facility may be required to mitigate any identified deficiencies. 2. All facilities converted to timeshare use shall meet all applicable City requirements, including building, safety, and fire standards. 3. The conversion of apartments to timeshare use shall be subject to the same relocation benefits as are or may be established for the conversion of apartments to condominiums. 4. Conversion to timeshare use must be explicitly permitted by any covenants; conditions and restrictions which are recorded against the property proposed to be converted. G. Application Requirements. 1. In addition to any application requirements established by Section 9.210.020 and any other applicable requirements of this Code, the following information shall also be submitted as part of any application to develop or establish a timeshare facility: a. Typical floor plans for each timeshare unit; b. The phasing of the construction of the timeshare use; c. The type of timeshare method to be used (e.g., fee simple, leasehold, tenancy -in -common, license, membership) and how such use may be created; d. The identification of timeshare intervals and the number of intervals per unit; e. Identification of which units are in the timeshare program, the use of the units not included in the program, and the method whereby other units may be added, deleted, or substituted; f. A description of any ancillary uses which are proposed in conjunction with the timeshare facility; g. A description of the availability of the timeshare project and ancillary facilities to the general public; 60-32 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS h. A description of the method of management of the project and indication of a contact person or party responsible for the day-to-day operation of the project; i. A description of the type and operation of any other uses (residential, commercial, or recreational) which are included in the facility; j. The formula, fraction or percentage, of the common expenses and any voting rights assigned to each timeshare unit and, where applicable, to each unit within the project which is not subject to the timeshare program; k. A description of the methods to be used to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance; 1. Any restrictions on the use, occupancy, alteration, or alienation of timeshare units; m. Copies of all enabling documentation, including, but not limited to, articles of incorporation, bylaws, declarations of covenants, conditions, and restrictions, and membership or license agreements; n. Copies of all California Department of Real Estate applications and permits, including any public report issued; o. A description of the method to be used in collecting and transmitting the transient occupancy tax to the City; p. Any other information or documentation the applicant, the Community Development Director, or the Planning Commission deems reasonably necessary to the consideration of the project, including any required environmental documents; and q. Applications for the conversion of any portion of an existing facility to a timeshare facility shall include the following information in addition to the other information required by this Paragraph: (1) A property report describing in detail the condition and useful life of the roof, foundations, and mechanical, electrical, plumbing, and structural elements of all existing buildings and structures. Such report shall be prepared by a registered civil or structural engineer, a licensed architect, or a licensed general contractor; (2) A descriptive report containing acoustical test data which indicate the noise attenuation characteristics of the existing party walls and ceilings. The data for such report shall include a sampling of at least ten percent of the dwelling units involved, but in no case fewer than two dwelling units, and shall be compiled by an independent consultant experienced in the field of acoustical testing and engineering; (3) If the conversion is of an apartment or condominium facility or any portion thereof, 60-33 9.60. SUPPLEMENTAL RESIDENTL4L REGULATIONS a certified list of the names and addresses of all tenants residing in the project proposed to be converted at the time the application is filed, whether or not the unit in which the tenant resides will be converted; (4) A comprehensive list of all improvements, upgrading, and additional facilities proposed; and (5) A report describing all repairs and replacements needed, if any, to bring all structures into substantial compliance with the Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, Uniform Mechanical Code, and any other building related codes as modified and adopted by the City. 2. The information required by this section shall be reviewed by the Community Development Director, who will require its revision and resubmittal if found to be inadequate or incomplete. Approval shall be subject to the required documentation being received, and the failure of an applicant to submit such documentation shall be grounds for disapproval. H. Required Notice. Public notice shall be given for all conditional use permits associated with timeshare facilities as required by this Code. In addition, in the event an apartment or condominium facility or any portion thereof is proposed to be converted to a timeshare facility, written notice shall be mailed to all persons residing in the facility, whether or not the unit in which the person resides will be converted, not less than ten days prior to the Planning Commission hearing. Such notice shall be mailed by the Planning Department at the expense of the applicant, and shall state the following: 1. The date, time, place, and purpose of the hearing; 2. Notification that if the permit is approved, tenants may be required to vacate the premises; 3. Notification that if the permit is approved, the property owner will be required to give all tenants a minimum of one hundred twenty days' notice to vacate. However, such notice shall not restrict the exercise of lawful remedies pertaining to, but not limited to, tenants' defaults in the payment of rent or defacing or destruction of all or a part of the rented premises; and 4. A description of any available relocation benefits to be provided by the project applicant. I. Required Findings. In addition to the requirements for findings of fact as established by California law or other provisions of this Code, the approval of a conditional use permit for a timeshare facility shall require the following additional findings: 1. The proposal is in conformance with the City's General Plan, this Section, and other applicable requirements of this Zoning Code; 60-34 9.60. SUPPLEMENTAL RESIDENTUL REGULATIONS 2. The property is physically suitable for use as a timeshare facility; and 3. The use of the property as a timeshare facility will not cause an undue burden on adjacent and nearby property owners. J. Transient Occupancy Tax. Timeshare facilities shall be subject to all applicable provisions of Chapter 3.24 of the Municipal Code. 9.60.290 Compatibility Review for Partially -Developed Subdivisions. A. Purpose. Residential subdivisions are often developed in phases -- either by the same or different developers or by individual owner -builders. This Section imposes requirements to ensure that units in later phases of such projects are compatible in design and appearance with those already constructed. B. Definition. For purposes of this Section, the term "compatible" shall mean residential buildings which are similar in floor and lot area and harmonious in architectural style, materials, colors, and overall appearance. C. Applicability. This Section applies to all 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. D. Site Development Permit Required. Residential units subject to this Section are subject to approval of a site development permit by the Planning Commission per Section 9.210.010. Applications for such permits shall be filed with the Community Development Department on forms prescribed by the Director together with: (1) all maps, plans, documents and other materials required by the Director, and (2) all required fees per Chapter 9.260. The Director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. E. Acceptance of Applications as Complete. Within 30 days of receipt of a permit application, the Director shall determine whether the application is complete and shall transmit such determination to the applicant. If the application is determined not to be complete, the Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. No application shall be processed until all required materials have been submitted and the application deemed complete. 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 under the compatibility review provisions of this Section. The Community Development Director may require that additional notice be given by enlarging the notification radius or by other means determined by the 60-35 9.60: SUPPLEMENTAL RESIDENTUL REGULATIONS Director. G. Precise Development Plan. A site development permit approved under the compatibility review provisions of this Section constitutes a precise development plan. Therefore, the residential development authorized under the site development shall be in compliance with the plans, specifica- tions, and conditions of approval shown on and/or attached to the approved permit. H. Required Findings. In addition to the findings required for approval of a site development permit, the following findings shall be made by the decision -making authority prior to the approval of any site development permit under the compatibility review provisions of this Section: 1. The development standards of Paragraph I. of this Section have been satisfied. 2. The architectural and other design elements of the new residential unit(s) will be compatible with and not detrimental to other existing units in the project. I. Development Standards for Compatibility Review. No residential unit shall be approved under compatibility review unless the Planning Commission determines that it complies with the following development standards: 1. A two-story house shall not be constructed adjacent to or abutting a lot line of an existing single -story home constructed in a prior phase of the same subdivision unless proof can be provided showing that a two-story unit was proposed for the lot by the prior builder. 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, as determined by the Planning Commission, including any perimeter subdivision fencing. 3. Proposed single-family dwellings shall be compatible to existing dwellings in the project or to dwellings which are approved for construction as shown on the plans and materials board, unless otherwise approved by the Planning Commission, with respect to the following design elements: a. Architectural material such as roof material, window treatment and garage door style; b. Colors; c. Roof lines; and d. Lot area 4. At least one specimen tree (i.e. min. 24-inch box size and min. 10 ft. tall, measured from top of box) shall be provided in the front yard or street side yard. 5. The single-family dwelling units proposed within a partially developed subdivision shall not deviate by more than ten percent from the square footage of the original units by the original 60-36 9.60: SUPPLEMENTAL RESIDENTUL REGULATIONS developer which have either been approved or constructed. J. Commission Discretion on Unit Types. The Planning Commission, in reviewing dwelling units under this Section, may limit the type and the number of a particular unit to be constructed within a subdivision. K. Appeals. The applicant or another aggrieved party may appeal decisions of the Planning Commission in accordance with the provisions of Section 9.200.120. 9.60.300 Restrictions on Multi -Story Buildings at Project Boundaries. A dwelling located next to a project or tract boundary shall be limited to one story if it abuts an existing one-story dwelling across the boundary, unless there is a street separating the two. 60-37 CHAPTER 9.65: THE VILLAGE Sections: 9.65.010 Introduction .................................. 65-1 9.65.020 VC Village Core District ........................ 65-2 9.65.030 VP Village Park District ........................ 65-5 9.65.040 VS Village South District ....................... 65-9 9.65.050 VN Village North District ...................... 65-11 9.65.060 VT Tampico Urban Mix District ................ 65-13 9.65.070 General Development Standards ................ 65-15 9.65.080 Grouping of Permitted Uses .................... 65-18 9.65.090 Table of Permitted Uses ....................... 65-23 9.65.100 Design and Development Review ................ 65-28 9.65.110 Supplemental Village Regulations ............... 65-29 9.65.120 VR Village Residential District ................. 65-29 9.65.010 Introduction. A. Role of Village Specific Plan. 1. The Specific Plan for the Village at La Quinta, initially adopted February 2, 1988, is referred to in this Code by the abbreviation "Village Specific Plan" or "VSP". 2. This Chapter and all other Chapters and Sections cited herein shall be applied, construed, and used as if the Village Specific Plan were itself incorporated into this Code. 3. The provisions of this Chapter regulating uses and structures within the Village zoning districts are intended to be consistent with the provisions of the Village Specific Plan. Land uses and development proposed within the Village districts shall be designed and evaluated according to the VSP. This Chapter and this Zoning Code provide the administrative framework within which the VSP is to be implemented. B. VR Village Residential District. The Village Residential district is intended to provide regulations for residential areas bordering the Village. Therefore, because these residential areas are not contained within the boundaries of the Village Specific Plan, the VR regulations are provided in Section 9.65.120, separate from the rest of the village districts. C. Purpose and Intent. To enhance the Village area as the center of a year-round commercial, residential, recreational, and community government center in accordance with the General Plan and the Village at La Quinta Specific Plan. The Village districts include the areas designated Village Commercial and Urban Mix on the General Plan. Permitted land uses include those which create a unique, dynamic pedestrian -oriented center in the Village area, including specialty commercial, dining establishments, art galleries, professional offices, and neighborhood commercial uses. In the Tampico "urban mix" area, the above uses are intended to be integrated with high density 65-1 9.65: THE VILLAGE residential uses in a distinctly urban environment which complements the other Village areas. 2. The Village is the "downtown" of La Quinta. The Village Specific Plan\Quintais intended to create the focused "sense of place" for the continued evolution and development of this downtown. This Chapter is designed to guide the development of the downtown in keeping with the VSP by providing a structured variety of commercial and limited residential land uses and specific development standards. To capitalize on the locational trends already established, these land uses are arranged in particular patterns, mixes, and configurations in separate districts within the Village. To guide and support each pattern of land uses, detailed development standards are also prescribed for each Village district.. 3. The five Village districts included in this Chapter are intended work together to establish an identifiable locus for the provision of goods, services and housing. The Village districts are thus designed to serve four particular market segments: (1) residents of housing within, adjacent to, and a reasonable distance from the Village; (2) residents and guests of the larger La Quinta community; (3) other commercial entities located within the Village commercial area; and (4) tourists and visitors to La Quinta. 4. In providing goods, services, and housing, the permitted land uses and structures are intended to support the thematic emphases of the Village: (1) a desert oasis; (2) consistency with La Quinta's local historic architectural vernacular; (3) a pedestrian scale; (4) an arts theme. 9.65.020 VC Village Core District. A. Purpose and Intent. To provide for an intense concentration of commercial activity in a predominantly pedestrian environment consistent with the Village Specific Plan. B. Permitted Uses. Sections 9.65.080 and 9.65.090 specify the land uses allowed in each Village district. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this district. C. Accessory Uses. In addition to the accessory uses permitted per Section 9.65.090, the following accessory use shall be permitted within the VC district: 1. Outdoor displays, sales, service, and minor entertainment, provided that: a. Merchandise displayed or sold and services are permitted uses in the VC district; b. Sales and service are conducted by entities having a valid current City business license; c. Minor entertainment is provided by groups of five or fewer performers without electronic amplification; performances having a duration of no more than 15 minutes in any one 65-2 9.65. THE VILLAGE location or within a 50-foot radius, the hours of minor entertainment falling between 9 a.m. and 9 p.m.; d. All such outdoor displays, sales, service, or minor entertainment takes place on private property with the written consent of the owner or agent of the property; e. No display, sales, service, or minor entertainment blocks the required pedestrian walkways; a clear area of a minimum width of four feet shall be left adjacent to the street and to each building entry or exit; f. All booths, stalls, carts, or other equipment for outdoor display, sales, service, or minor entertainment at the close of business each day shall be removed or immobilized and secured so as to prevent it from becoming a public safety hazard, nuisance, or a security risk; and, g. The operation of outdoor display, sales, service, or minor entertainment shall be conducted in such a fashion that it does not constitute a threat to the health, safety, or welfare of the public, or become a recurring public nuisance. D. Development Standards. Section 9.65.100 contains development standards for the Village districts. In addition, the following specific development standards shall apply within the VC district (See VSP Sections 4.8.2 and 6.1.3 for illustrations.): 1. Front Setbacks. Front setbacks shall comply with the following standards: a. The structure's front shall extend to the front property line with ten feet of ground floor depth left open and reserved as a clear pedestrian walkway easement, covered with a second story, balcony, or shade structure; or b. The structure's front shall be set back at least ten feet from the front property line for a pedestrian walkway easement shaded by landscaping or with a further setback of the ground floor at least ten additional feet to achieve either structurally -shaded space or a landscaped area, fountain, art display area, patio, courtyard, or a combination of any of the above; or, c. A combination of the elements described in paragraphs a and b preceding in order to achieve variety and interesting pedestrian areas. 2. Rear Setbacks. Rear setbacks shall comply with the following standards: a. For parcels fronting on Calle Tampico, Avenida La Fonda, and Calle Estado, the structure's rear shall extend no closer than (a) five feet from the rear property line, with the ground floor set back an additional 20 feet, over which may extend a second story, or balcony, or a shade structure to provide a shaded parking area; or (b) a total structural setback of at least 25 feet 65-3 9.65. THE VILLAGE from the rear property line, with shade provided to any parking by landscaping; or © a combination of the two; b. For parcels fronting on Avenida Bermudas and Desert Club Drive, the structure's rear shall extend no closer than twenty feet from the rear property line, except that approved parking shade structures may extend to within three feet of any property line. 3. Side Setbacks. Side setbacks shall be zero for interior lot lines. For exterior (corner or through -lot) lot lines, setbacks shall be the same as for front setbacks. 4. Building Separations and Transitions. In the VC district, the intent is to integrate adjacent buildings and to eliminate separations between the sides of buildings whenever possible. Structural design, roof lines, eaves, side walls, placement with respect to side property lines, transitions between buildings and similar matters will be determined by design review on a case -by -case basis. (See VSP Section 6.2 for discussion and VSP throughout for illustrations.) 5. Building Height. In order to preserve the pedestrian scale of development in the district, a height limitation of 35 feet shall apply to the general mass of structures, although specific features of less than 15 percent of the horizontal area of the structure may exceed that limit, up to a maximum height of 50 feet. 6. Parking. a. In order to preserve the pedestrian orientation of the district, parking shall not be placed on -site in the front of structures nor on -site on the sides of structures facing east/west streets. On -site parking shall generally be placed off alleys and in the rear of structures where possible. (See VSP Sections 4.6.3 and 6.7 for discussion and illustrations.) b. On -site parking shall include a minimum of 25 percent of the required off-street parking required by Chapter 9.150. The remaining 75 percent required off-street parking may be provided on -site or off -site pursuant to Chapter 9.150. Alternatively, as an option provided in Chapter 9.150, the property owner may enter into a parking agreement at the direction of the City. c. At least 50 percent of all parking shall be shaded. 7. Trash and Loading Areas. In order to preserve the pedestrian orientation of the VC district, all servicing, loading, and solid waste collection shall take place off-street away from pedestrian ways, generally in bays provided off the alleys or in screened, internal, rear spaces if alleys are not available. 8. Pedestrian Provisions. (See VSP Section 6.1.1 and following sections and VSP Figure 4-7.) 65-4 9.65: THE VILLAGE a. Along the street faces of each lot, a clear minimum ten -feet wide pedestrian walkway easement shall be provided either, adjacent to the property line or set back sufficient distance to offset for the depth of pillars, arches, and other supports for shade structures or second -story overhangs or the depth of street -side landscaped areas. On north/south streets where there is sufficient room within the right-of-way for the ten -foot walkway, it may be provided within the right-of-way or it may meander between the right-of-way and a pedestrian easement. b. Mid -block pedestrian easements with generally north/south alignments (minimum ten -foot widths, no more than two per block face) may also be permitted. c. Adjacent to east/west streets, at least 50 percent of the area of each pedestrian walkway shall be shaded. d. On the west side of Desert Club and on both sides of Bermudas, at least 50 percent of the lot width shall provide shade for the full depth of the pedestrian walkway. e. Mid -block pedestrian walkways shall be shaded for no less than 50 percent of their area. f. Displays, display windows, entryways, and signage shall be designed to be primarily visible for pedestrian traffic. g. Because parking will be offered off alleys and because north/south pedestrian walkways along streets or mid -block will cross alleys, alleys shall be considered potential pedestrian walkways. Displays, display windows, entryways, signage, lighting, landscaping, and architectural detailing shall be provided on the alley side of structures along alleys. 9. Signage. Signs shall be pedestrian in scale and orientation. All signs shall comply with Chapter 9.160 except that any more restrictive provisions contained in the design review standards for the Village shall apply. (See VSP Sections 4.8.7 and 6.5.) 10. Vehicular Access. No direct access to properties shall be permitted from Calle Tampico and no direct access to properties shall be permitted from Avenida Bermudas within the first 200 feet from the right-of-way line at the intersection with Calle Tampico. 9.65.030 VP Village Park District. A. Purpose and Intent. To provide for a medium intensity clustering of commercial offices, eating places, and some residential uses in a predominantly pedestrian environment on the north and south sides of La Quinta Park, consistent with the Village Specific Plan. B. Permitted Uses. Sections 9.65.080 and 9.65.090 specify the land uses allowed in each Village 65-5 9.65. THE VILLAGE district. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this district. C. Accessory Uses. In addition to the accessory uses permitted per Section 9.65.090, the following accessory use shall be permitted within the VP district: 1. Outdoor display and sales of original or limited -edition reproductions of art works, provided that: a. All such outdoor displays and sales take place on private property with the written consent of the owner or agent of the property (art shows on public property will require a temporary use permit in accordance with Section 9.210.050); b. Sales of art works are conducted by entities having a valid, current La Quinta business license or the proceeds of the outdoor sales benefit a charitable tax-exempt institution and related City requirements for solicitation have been complied with; c. No display or sales of art works shall block pedestrian walkways. A clear area of a minimum width of four feet shall be left adjacent to the street and to each building entry or exit; d. At the close of each business day, all booths, stalls, carts, or other equipment for outdoor display and sales of art works shall be removed or immobilized and secured so as to prevent it from becoming a public safety hazard, nuisance, or security risk; e. The operation of outdoor display and sales of art works shall be conducted in such a fashion so as not to constitute a threat to the health. safety, or welfare of the public, or become a public nuisance. D. Development Standards. Section 9.65.100 contains development standards for the Village districts. In addition, the following specific development standards shall apply within the VP district (See VSP Sections 4.8.2 and 6.1.3 for illustrations.): 1. Front Setbacks. Front setbacks shall comply with one of the following standards: a. The structure's front shall extend to the front property line with ten feet of ground floor depth left open and reserved as a clear pedestrian walkway easement, covered with a second story, balcony, or shade structure; or b. The structure's front shall be set back at least ten feet from the front property line for a pedestrian walkway easement shaded by landscaping or with a further setback of the ground floor at least ten additional feet to achieve either structurally -shaded space or a landscaped area, fountain, art display area, patio, courtyard, or a combination of any of the above; or, RIM 9.65. THE VILLAGE A combination of the elements described in paragraphs a and b preceding in order to achieve variety and interesting pedestrian areas. 2. Rear Setbacks. Rear setbacks shall comply with the following standards: a. Structures shall extend no closer than five feet from the rear property line with the ground floor set back an additional 20 feet over which may extend a second story. balcony, or shade structure to provide a shaded parking area; or b. A total structural setback of at least 25 feet from the rear property line shall be maintained, with shade provided to any parking by landscaping; or c. A combination of the elements described in paragraphs a and b preceding. d. Lots with property lines abutting Eisenhower Drive or Avenida Navarro shall be treated as front property lines. 3. Side Setbacks. Side setbacks shall be zero for interior lot lines. For exterior (corner or through -lot) lot lines, setbacks shall be the same as for front setbacks. 4. Building Separations and Transitions. In the VP district, the intent is to integrate adjacent buildings and to eliminate separations between the sides of buildings whenever possible. Structural design, roof lines, eaves, side walls, placement with respect to side property lines, transitions between buildings and similar matters will be determined by design review on a case -by -case basis. (See VSP Section 6.2 for discussion and VSP throughout for illustrations.) Building Height. In order to preserve the pedestrian scale of development in the district, a height limitation of 30 feet shall apply to the general mass of structures, although specific features of less than 15 percent of the horizontal area of the structure may exceed that limit, up to a maximum height of 40 feet. 6. Parking. a. In order to preserve the pedestrian orientation of the district, parking shall not be placed on -site in the front of structures nor on -site on the sides of structures facing east/west streets. On -site parking shall generally be placed in the rear of structures. (See VSP Sections 4.6.3 and 6.7 and Figures 4-5 and 4-12 for discussion and illustrations.) b. On -site parking shall include a minimum of 75 percent of the required off-street parking required by Chapter 9.150. The remaining 25 percent required off-street parking may be provided on -site or off -site pursuant to Chapter 9.150. Alternatively, as an option provided in Chapter 9.150, the property owner may enter into a parking agreement at the direction of the City. 65-7 9.65: THE VILLAGE c. At least 50 percent of all parking shall be shaded. 7. Trash and Loading Areas. In order to preserve the pedestrian orientation of the district, all servicing, loading, and solid waste collection shall take place off-street away from pedestrian ways, generally in bays provided off the alleys or in screened, internal, rear spaces if alleys are not available. 8. Pedestrian Provisions. (See VSP Section 6.1.1 and following sections and VSP Figure 4-7.) a. Along the street faces of each lot, a clear minimum ten -feet wide pedestrian walkway easement shall be provided either adjacent to the property line or set back sufficient distance to offset for the depth of pillars, arches, and other supports for shade structures or second -story overhangs or the depth of street -side landscaped areas. Where there is sufficient room within the right-of-way for the ten -foot walkway, it may be provided within the right-of-way or it may meander between the right-of-way and a pedestrian easement. b. Mid -block pedestrian easements with generally north/south alignments (minimum ten -foot widths, no more than two per block face) may also be permitted. c. At least 50 percent of the area of each pedestrian walkway along east/west streets shall be shaded. d. Along north/south streets, at least 50 percent of the lot width shall be shaded for the full depth of the pedestrian walkway. e. Mid -block pedestrian walkways shall be shaded for no less than 50 percent of their area. f. Displays, display windows, entryways, and signage shall be designed to be primarily visible to pedestrian traffic. g. Because the VP district is surrounded by residential uses and because parking will be provided on both sides of structures, all visible sides of each structure shall be considered a potential pedestrian approach. Displays, display windows, entryways, signage, lighting, landscaping, and architectural treatment shall be provided on all visible sides of each structure. 9. Signage. Signs shall be pedestrian in scale and orientation. All signs shall comply with Chapter 9.160 except that any more restrictive provisions contained in the design review standards for the Village shall apply. (See VSP Sections 4.8.7 and 6.5.) 65-8 9.65. THE VILLAGE 9.65.040 VS Village South District. A. Purpose and Intent. To provide for a suburban environment allowing office uses, eating places, galleries, residences, bed and breakfast facilities, and small hotels in an atmosphere of narrow streets and unique landscaping consistent with the Village Specific Plan. B. Permitted Uses. Sections 9.65.080 and 9.65.090 specify the land uses allowed in each Village district. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this district. C. Accessory Uses. Accessory uses permitted shall be as designated in Section 9.65.090. D. Development Standards. Section 9.65.100 contains development standards for the Village districts. In addition, the following specific development standards shall apply within the VS district (See VSP Sections 4.8.2 and 6.1.3 for illustrations.): 1. Setbacks. a. Front: 20 feet. b. Rear: 20 feet except for properties on the north side of Cadiz which take rear access off the alley between Calle Cadiz and Calle Estado. Such parcels shall maintain a 25-foot setback on the ground floor, as in the VC district. c. Interior Side: 5 feet. d. Exterior Side: 10 feet. 2. Building Separations. Minimum separations between buildings on the same property shall be ten feet. 3. Building Height. In order to preserve the suburban atmosphere of the VS district, structures shall be limited to a single story and a maximum height of 20 feet. Where the Planning Commission determines that a greater height would enhance building design and be compatible with neighboring properties, it may grant exceptions up to two stories and a maximum height of 30 feet. 4. Parking. In order'to preserve the suburban and landscaped atmosphere of the VS district, parking shall adhere to the following standards (see VSP Sections 4.6.3 and 6.7 for discussion and illustrations): a. On -site parking shall provide a minimum of 100 percent of the required off-street parking for the uses as specified by Chapter 9.150. An exception may be made by the Planning Commission for corner properties down to a minimum of 75 percent of the required parking on -site. The remainder of the required parking must be provided off -site pursuant to Chapter 65-9 9.65: THE VILLAGE 9.150. Alternatively, as an option provided in Chapter 9.150, the property owner may enter into a parking agreement at the direction of the City. b. Parking shall be placed at the rear or side of structures. Side parking areas shall be set back from any exterior side property lines at least ten feet and shall be no further forward than the front setback line. All parking shall be adequately screened from public right-of-way views. Properties on the north side of Cadiz may take access from and provide parking adjacent to the alley to the north, observing the five-foot setback required in the VC district.(See VSP Sections 4.6.3 and 6.7 and Figures 4-5 and 4-12 for discussion and illustrations.) c. At least 50 percent of all parking shall be shaded. d. Joint -use driveways for adjacent lots are encouraged. 5. Trash and Loading Areas. In order to preserve the suburban and landscaped orientation of the district, all servicing, loading, and solid waste collection shall take place off-street and, if possible, away from front -visible areas, generally to the rear of structures in screened areas. Where servicing and loading must take place in visible locations, such activities shall be conducted between 6 a.m. and 9 a.m. and between 4 p.m. and 9 p.m. 6. Pedestrian Provisions. (See VSP Section 6.1.1 and following sections and VSP Figure 4-7.) a. In the VS district, the intent of the pedestrian provisions is different from the other Village districts. North/south walkways along Bermudas and Desert Club and north/south mid -block walkways function to link pedestrian movements from the core to the south areas. However, east/west walkways are not intended to foster pedestrian circulation adjacent to the streets. Rather, a series of separate, non -continuous links from property to property shall provide a meandering pedestrian route away from the street side. b. On north/south streets along the street faces of each lot, a minimum six-foot wide pedestrian walkway easement shall be provided, either adjacent to the property line or set back sufficient distance to offset for the depth of landscaped areas. If sufficient space is available, the walkway may be provided in the right-of-way or meander between the right-of-way and a walkway easement. c. Mid -block pedestrian easements running north/south (minimum six-foot widths) may also be permitted. d. On east/west streets. each property shall provide a pedestrian walkway easement from its structural entrance to each adjacent side property, driveway, or to a north/south walkway. Walkways shall be placed so that at no point do they come closer than four feet from the edge of the street to discourage on -street parking or unloading. The point at which the walkway easement meets the side property line shall be set back from the ultimate 65-10 9.65. THE VILLAGE right-of-way line by a minimum of ten feet (measured to the edge of the easement nearest the street). Adjacent properties shall coordinate the placement of walkway easements so that they relate where they meet at the property line. Walkways shall be a minimum of four feet in width. e. Pedestrian walkways on east/west streets, mid -block, and on the west side of Desert Club and the east side of Bermudas shall be shaded for no less than 50 percent of their area by approved landscaping material providing a range from 50 to 75 percent blockage of direct overhead sunlight at midsummer midday within ten years of planting. 7. Landscaping. (See VSP Sections 4.8 and 6.3.1 and VSP Table 6-1.) a. The design theme for the landscaping in the VS district is to foster a continuation of the mature landscaping already established to its maximum design potential. The landscaping focus is the skyline. Large trees with high canopies (in excess of 30 feet in height) providing lacy shade shall be the dominant features. b. The front half of each lot (for corner or through -lots, the half lot facing the exterior side) less the area covered by structures, parking lot, and walkways shall be intensely landscaped. Emphasis shall be placed on tall shade -producing materials with appropriate ground covers and intermediate height materials in scale with the structures as specified for this district by the design standards in the Village Specific Plan. 8. Signage. Signs shall be scaled and oriented to the view of automobile traffic traveling at suburban street speeds. All signs shall comply with Chapter 9.160 except that any more restrictive provisions contained in the design review standards for the Village shall apply. (See VSP Sections 4.8.7 and 6.5.) 9.65.050 VN Village North District. A. Purpose and Intent. To provide for office uses in an automobile -oriented setting consistent with the Village Specific Plan. B. Permitted Uses. Sections 9.65.080 and 9.65.090 specify the land uses allowed in each Village district. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this district. C. Accessory Uses. Accessory uses permitted shall be as designated in Section 9.65.090. D. Development Standards. Section 9.65.100 contains development standards for the Village districts. In addition, the following specific development standards shall apply within the VN district (See VSP Sections 4.8.2 and 6.1.3 for illustrations): 65-11 9.65: THE VILLAGE 1. Setbacks. Front, rear, and side setbacks shall be 25 feet. 2. Building Separations. Buildings on the same property shall be separated by a minimum of 20 feet. 3. Building Height. A height limitation of 35 feet shall apply to the general mass of structures, although specific features of less than 15 percent of the horizontal area of the structure may exceed that limit, up to a maximum height of 40 feet. 4. Parking. Parking shall adhere to the following standards (see VSP Sections 4.6.3 and 6.7 for discussion and illustrations): a. On -site parking shall provide a minimum of 100 percent of the required off-street parking for the uses as specified by Chapter 9.150. Parking may be arranged and placed in any locations on -site which meet design standards of Chapter 9.150, provided that peripheral screening is installed and maintained as required. Alternatively, as an option provided in Chapter 9.150, the property owner may enter into a parking agreement at the direction of the City. b. At least 50 percent of all parking shall be shaded. 5. Trash and Loading Areas. All servicing, loading, and solid waste collection shall take place off-street in screened locations which do not interfere with parking, maneuvering, or fire lanes. 6. Pedestrian Provisions. a. Along the street faces of Calle Tampico, Eisenhower Drive, and any extensions of Avenida Bermudas and Desert Club Drive, a pedestrian walkway shall be provided at a minimum six feet in width. The walkway shall be placed either in the right-of-way between the pavement edge and the ultimate right-of-way line (if space permits) or on an easement on the parcel either adjacent to the property line or set back sufficient distance to offset for the depth of landscaped areas (or a combination of both); or meandering across the ultimate right-of-way line utilizing both right-of-way and walkway easements. b. Pedestrian walkways on north/south streets shall be shaded for no less than 25 percent of their area. c. On -site pedestrian walkways shall be provided for parking areas which are more than 65 feet removed from the structure requiring the parking. Walkways shall connect with the nearest sidewalk leading to the entrance(s) to the structure. Walkways whose combined length from parking area to the entrance or a shade structure exceeds 100 feet shall be shaded for at least 50 percent of their area. 65-12 9.65. THE VILLAGE 7. Landscaping. Major emphasis in the VN district shall be for shade and screening for parking areas and associated pedestrian walkways. (See VSP Sections 4.8 and 6.3.1 and VSP Table 6-1.) 8. Signage. Signs shall focus on commercial center or complex identification oriented to views from automobile traffic. Internal site signage shall be scaled appropriately to its purpose and function. Building identification shall be oriented to parking lot access. Uses within buildings shall be provided with pedestrian directories. It is not intended that all occupants of the VN district have equal signage exposure to the public right-of-way. All signs shall comply with Chapter 9.160 except that any more restrictive provisions contained in the design review standards for the Village shall apply. (See VSP Sections 4.8.7 and 6.5.) 9. Vehicular Access to Properties. a. From Calle Tampico: Additional access points from Calle Tampico shall be a minimum of 330 feet removed from the right-of-way line of the intersections with Eisenhower Drive and Avenida Bermudas, and line up with an existing street if possible. No additional direct access points shall be permitted between Avenida Bermudas and Desert Club Drive. Properties in this block shall take access off extensions of Bermudas or Desert Club at a point no less than 200 feet north of the Calle Tampico right-of-way line. b. From Eisenhower: Access points from Eisenhower Drive shall he no less than 330 feet north of the Calle Tampico right-of-way line. 9.65.060 VT Tampico Urban Mix District. A. Purpose and Intent. To provide for expansion of the Village commercial area into the area bordering on Tampico, north of the Village park and to foster a distinctly "urban mix" configuration of commercial uses in that area, with high density residential uses sited above or adjacent to the commercial uses. Also, to create a setting where affordable housing units may be created for housing all employees of the Village area. B. Permitted Uses. Sections 9.65.080 and 9.65.090 specify the land uses allowed in each Village district. For some groups of uses, modifications or special conditions may be required to ensure the compatibility of the group of uses with other uses within or adjacent to this district. C. Accessory Uses. In addition to the accessory uses permitted per Section 9.65.090, the following accessory use shall be permitted within the VT district: 1. Outdoor display and sales of original or limited -edition reproductions of art works, provided that: a. All such outdoor displays and sales take place on private property with the written consent 65-13 9.65. THE VILLAGE of the owner or agent of the property (art shows on public property will require a temporary use permit in accordance with Section 9.210.050); b. Sales of art works are conducted by entities having a valid, current La Quinta business license or the proceeds of the outdoor sales benefit a charitable tax-exempt institution and related City requirements for solicitation have been complied with; c. No display or sales of art works shall block pedestrian walkways. A clear area of a minimum width of four feet shall be left adjacent to the street and to each building entry or exit; d. At the close of each business day, all booths, stalls, carts, or other equipment for outdoor display and sales of art works shall be removed or immobilized and secured so as to prevent it from becoming a public safety hazard, nuisance, or security risk; e. The operation of outdoor display and sales of art works shall be conducted in such a fashion so as not to constitute a threat to the health. safety, or welfare of the public, or become a public nuisance. D. Development Standards. Section 9.65.100 contains development standards for the Village districts. In addition, the following specific development standards shall apply within the VT district (See VSP Sections 4.8.2 and 6.1.3 for illustrations): 1. Setbacks. a. In the Tampico subzone, the structure's ground floor shall be setback 35 feet from the front property line. Over this area, the second story may extend to the property line with a structure, porch, balcony or shade structure. b. The rear setback shall be five feet from the rear property line for a public utility easement, c. Interior side setbacks may extend to the property line so long as fire code compliance is met, or the structure may be set back at least ten feet. Exterior side setbacks may extend to the property line. 2. Building Separations and Transitions. In the VT district, the intent is to integrate adjacent buildings and to eliminate separations between the sides of buildings whenever possible. Structural design, roof lines, eaves, side walls, placement with respect to side property lines, transitions between buildings and similar matters will be determined by design review on a case -by -case basis. (See VSP Section 6.2 for discussion and VSP throughout for illustrations.) 3. Building Height. In order to preserve the pedestrian scale of development in the district, a height limitation of 35 feet shall apply to the general mass of structures, although specific features of 65-14 9.65. THE VILLAGE less than 15 percent of the horizontal area of the structure may exceed that limit, up to a maximum height of 40 feet. Buildings shall not exceed two stories. 4. Parking. In keeping with the pattern already established in the VT district, parking shall be placed in the front of structures within the 35 foot setback (five feet being reserved for building access in the form of walks). Separate parking lots may also be established. If affordable senior housing occupies the second story, special reductions in parking spaces will be negotiated. Alternatively, as an option provided in Chapter 9.150, the property owner may enter into a parking agreement at the direction of the City. 5. Trash and Loading Areas. Servicing of commercial establishments shall be on -street in the front of buildings. Solid waste collection shall take place in front of the structures in screened enclosures. Exposed trash barrels (except for single family residential uses) are not permitted. 6. Pedestrian Provisions. A sidewalk within and along the edge of the right-of-way shall provide pedestrian access. 7. Landscaping. Landscaping shall consist of a minimum of palm trees planted alongside the sidewalk (inside the property), placed every 20-25 feet. Other landscaping shall be placed around the building in non -covered areas in a manner to be determined by the design review process. 8. Walls. Walls or other screening of parking is not required between commercial parking lots and residentially zoned or used properties. Berms with planting are to be encouraged instead. 9. Signage. Signs shall be pedestrian in scale and orientation. All signs shall comply with Chapter 9.160 except that any more restrictive provisions contained in the design review standards for the Village shall apply. (See VSP Sections 4.8.7 and 6.5.) 10. Vehicular Access to Properties. All access to properties shall be from north/south streets. No driveways or alleys shall enter directly onto Tampico. 9.65.070 General Development Standards. A. Purpose. Pursuant to.the Village Specific Plan, the general development standards set forth in this Section shall apply within all of the Village districts. B. Additional Standards for Each District. In addition to the general standards in this Section, more specific development standards for each Village district are set forth in the regulations for that district. C. Minimum Lot Area. There is no minimum lot area requirement unless specifically required for a particular area or because of reference to another zone to which compliance is required. However, the smallness of a lot, the lack of available square footage, or an insufficient lot width or depth shall not 65-15 9.65. THE VILLAGE be an acceptable rationale (in and of itself) for any waiver of minimum requirements of development standards. D. Setbacks. Numerical setback requirements are set forth for each Village district in the regulations for that district. The following general setback rules shall apply: The front setback shall be measured from the ultimate planned right-of-way line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Each exterior side setback shall be measured from the ultimate planned right-of-way line. 2. The setback line shall be considered a vertical plane from finish grade upward. No solid portion of a structure, eave, facade, decorative element. mechanical equipment, or other feature (other than landscaping) shall penetrate the setback line plane. In the separate districts, references to the placement of the building with respect to a setback line shall be interpreted as meaning the finthest projection of any solid portion of the building (e.g., eave line or facade. depending on the architectural type of building involved). In the VC and Park districts, setbacks will be stated for the structure as a whole, with a further setback requirement applying only to the ground floor. E. Height. Buildings and other structures shall conform to the height requirements specified for each Village district. F. Parking. Parking shall be provided as required by Chapter 9.150. G. Architecture. Architectural treatment and detail shall be carried out completely around structures so that all visible faces are equivalent in appearance. Structures on properties facing two streets, such as at a corner or on through -lot properties, shall provide equivalent displays. Display windows, and signage on all street faces. Blank walls shall not be permitted facing exterior lot lines, at the rear of a structure, or facing interior lot lines where the wall will be visible. Interior lot line side walls which do not immediately abut another building's side wall shall be provided architectural enhancement and detail (consistent with building and fire codes) for relief of blank walls. The sides of structures facing alleys shall be given architectural treatment and detail equivalent to street faces. H. Landscaping. Each property on which there is proposed a new or remodeled structure or parking facility shall prepare and submit for design review a landscape plan. Landscaping shall be installed and maintained pursuant to the approved plan. (See VSP, Sections 4.8 and 6.3.1, Table 6-1.) Design standards shall establish a minimum of the site to be landscaped. Effective irrigation systems shall be installed and maintained so that landscaping remains in a healthy growing condition and in compliance with the approved plan. I. Residential Boundaries. A minimum twenty -foot building setback shall be required on any 65-16 9.65. THE VILLAGE boundary where the commercial property abuts a residentially -zoned property, except in the VT district where commercial and residential may, be set adjacent to each other. Ten feet of the setback shall be landscaped unless a tree screen is included, wherein the landscaping may be reduced to five feet. The balance of the setback may be used for automobile parking, driveways, or landscaping. Block walls, or other appropriate fencing, may also be required. J. Screening. All outside storage and all solid waste, loading and servicing areas, shall be screened by structures and/or landscaping and located to minimize noise or odor nuisance. Solid waste areas. if not screened by the building, shall be screened with an opaque six-foot high fence or wall. and shall have an opaque gate. Gates shall not open toward the street. K. Pedestrianways. Pedestrian walkways shall be paved with materials meeting design standards. Landscaping meeting design standards shall also be provided adjacent to walkways. L. Shade Requirements. 1. Shade structures over parking or pedestrian walkways (including any overhangs) shall be set back at least five feet from any alley, and at least three feet from any property line (unless such structures comply with the requirements of a totally non-combustible structure, in which case the setback from the property line may be zero). 2. Shade for parking or pedestrian walkways shall consist of structural arrangements meeting design standards. providing a range of 50 percent to seventy-five percent blockage of midday, midsummer sunlight, and/or landscaping materials meeting design standards having the same effect within two years of planting. 3. Shade requirements shall apply to required pedestrian walkways adjacent to, or connecting to, public streets. The following pedestrian areas need not comply with shade requirements: a. Internal plazas or courtyards. b. That portion of pedestrian walkways which exceed the required dimensions. M. Outdoor Display. If pedestrian walkways adjacent to commercial uses are utilized for temporary outdoor displays of merchandise as accessory uses during periods of village -wide coordinated promotion or permitted outdoor events, a continuous clear walkway of a minimum four feet in width along the street and into each structure shall be maintained. N. Pedestrian Lighting. Pedestrian walkways shall be lighted by the adjacent property structures with design -approved lighting fixtures of sufficient output to permit a nonnally-sighted person to safely utilize the walkways between dusk and dawn. 65-17 9.65. THE VILLAGE O. Walkway Maintenance. Each property shall be responsible for the walkway easement on its property in terms of landscape maintenance, lighting, safety, and cleanliness. P. Nuisances. All uses shall comply with health, safety, and fire codes. All uses, especially those with some potential for impacts on adjacent properties such as studios and classes, shall contain within their own property any nuisance factors such as noise, heat, glare, dust, fumes, particulates, or vibration. 9.65.080 Grouping of Permitted Uses. A. Grouping of Similar Uses. 1. Uses which may be permitted within the Village districts are grouped into classes of similar uses, with examples of such uses. In each Village district, the groups of uses specifically permitted in that district are cited, together with any special expansions, exclusions, or qualifications of uses which are necessary to tailor the use group to the needs of that particular district. Only uses specifically cited and/or modified for each district are permitted in that district. 2. Examples are given for each group of uses to indicate the intent of each group. Lists of examples are not intended to be exhaustive. Other uses essentially similar to the examples should be considered permissible. However, a proposed use (even if listed in the examples), may be atypical in that it has a feature which has an impact out of character with the other uses listed, making the use also akin to another use group. Determinations on whether such atypical (or hybrid) uses are permitted shall be made by the Director, subject to appeal to the Planning Commission, in accordance with the procedures set forth in Section 9.20.040. In addition to the criteria listed in Section 9.20.040, the standard to be applied to such determinations shall be as follows: A preponderance of similarities notwithstanding, one major difference, causing an impact not in keeping with the rest of the uses in the group, shall be sufficient to cause a proposed use to be classified with another use group having similar impacts. B. Village Land Use Groups. 1. Group 1. Single-family detached residential as the primary use. a. Uses and structures shall conform to RC (Cove Residential) district requirements (Chapter 9.40) b. May include an artist's studio for personal artistic production (but not including commercial presentation or sale to the public on -site), with no employees other than family members or artistic models. Studios may be attached or detached. If detached, the studio square footage is not included in the required minimum dwelling unit square footage. 65-18 9.65. THE VILLAGE 2. Group 2. Multifamily residential as the primary use, including single-family attached, duplexes, triplexes, quadraplexes, townhouses, garden apartments, condominiums, and multi -family dwellings (including rooming, boarding, group home, single room occupancy, and congregate nursing facilities) as the primary use; a. Uses and structures shall conform to RMH (Medium -High Density Residential) district requirements (Chapter 9.40) b. May include an artist's studio for personal artistic production (but not including commercial presentation or sale to the public on -site, except as provided in Chapter 9.40), with no employees other than family members or artistic models. Studios may be attached. or detached. 3. Group 3. Residential as a secondary use, including single-family or multi -family units as a secondary use incidental to a non-residential permitted primary use, physically placed above or behind the primary use(s). a. Residential uses must have independent exterior entry/exit, meeting all building codes for separation of residential and non-residential uses; b. May include an attached artist's studio for personal artistic production as an accessory use. 4. Group 4. Detached professional studio: a. Indoor, or combination indoor/outdoor work spaces, not attached to a dwelling unit, for professional, creative, artistic production; to include painting, drawing, sculpture, carving, ceramics and pottery, non-ferrous foundry, welding, brazing, kilns, photography, weaving, plastics, jewelry, gemstones, hand built fine fiuniture, clay, wax, glass blowing and cutting, silk screening, stone cutting, set building, and costume production. Does not include presentation or sales to the public. Examples: studio, workroom. b. Indoor -only space for composing, choreography, casting, rehearsing, arranging, recording or taping (but not performance before an audience) of music, dance, dramatic or comedic material. Examples: studio, practice room, rehearsal hall, recording room, sound stage, video stage. c. May include instruction in the form of apprenticeship, tutoring, or classes not exceeding five students at any one time. d. May include employees (paid or volunteer) not exceeding five employees at any one time. (Performers for type "b" studios shall not be counted as "employees.") 5. Group 5. Commercial guest lodging and associated uses, including hotel, motel, and bed and 65-19 9.65. THE VILLAGE breakfast houses not exceeding 25 rooms, conference rooms with combined seating capacity no greater than 100 persons, limited incidental retail sales of items for the convenience of guests, meals and beverages served to guests. 6. Group 6. Offices: offices conducting business or providing a service, having no retail or wholesale sales, nor repair, nor servicing of goods on -site. Examples: business, insurance, real estate, medical, dental, chiropractic, ophthalmologist, audiology, podiatry, engineer, planner, surveyor, architect, landscape architect, title company, attorney, auto rental (with storage of autos limited to three within the zone), bank, savings and loan, credit union, loan office, employment agency, library, secretarial and typing service, consultant, tourist information, travel agent, social service agency, bookkeeping, accounting, advertising service, writing service, limousine service (auto storage limited to two within the zone), answering service, apartment or condo management or rental service, appraiser, office for association or organization, chamber of commerce, counseling, stock brokerage, financial advisor service, tax service, interior design. 7. Group 7. Services and limited sales within offices: offices providing, in addition to the uses of Group 6, services which necessitate the incidental retail sale or service on -site of goods essential to the service. Examples: optician, clinic, lab in support of other services such as dental, medical, research and testing, hearing aid fitting service, dietician, caterer (not to include on -site production), pharmacy within medical complex. 8. Group 8. Personal services: services with minimal impacts, including on -site retail sales of goods essential to the service, provided not in offices but in work spaces resembling shops or stores. Does not include sale of motor fuels or servicing of motor vehicles. Examples: barber or beauty shop, blueprint or duplicating service, tailor or alteration shop, cleaning and dyeing, laundry or laundromat, costume design studio, interior decorating service, post office, shoe and leather repair, shoeshine stand, watch or jewelry repair, picture framing or matting shop, package wrapping/packing/sending service, bicycle repair. 9. Group 9. Food service: prepared foods sold for on -site consumption and/or carry -out, indoor and patio service, (no drive-in or drive-thru), no live entertainment, no alcoholic beverages. Examples: restaurant, sandwich shop, delicatessen, cafe, cafeteria, tea room, coffee shop, ice cream shop, yogurt shop, burger shop, pizza shop, ethnic foods, bakery shop, bagel shop, fudge or candy shop, vending machine food, health food bar, caterer with on -site production. 65-20 9.65. THE VILLAGE 10. Group 10. Food service plus other attractions: a. prepared foods sold for on -site consumption, indoor and patio service (no drive-in, or drive-thru), plus one or more of the following additional features: (1) Alcoholic beverages served for on -site consumption only; (2) Live entertainment indoors. (Entertainment must be recurring or continuing during the evening, or be limited to a capacity of thirty tables. Food service facilities with only one show per evening and exceeding thirty tables are considered "dinner theaters" and fall into Group 11 uses); (3) Live or recorded entertainment outdoors; (4) Dancing; (5) Recreational accessory uses such as pool or billiard tables, dart boards, coin -operated entertainment arcades, shuffleboard tables; (6) Television screen exceeding thirty -five -inch diagonal measurement. b. Restrictions may be applied with regard to any or all of the following: (1) Hours of operation; (2) Noise volumes permitted at the perimeter of the property; (3) Capacity of area for service or entertainment; (4) Size of group providing the entertainment; (5) Acoustic versus electronic amplification. Examples: restaurant, cocktail lounge, bar and grill, night club, cafe, coffee house, pizza with wine and beer. I L Group 11. Public assembly: indoor assembly and entertainment facilities attracting large numbers and/or having short peak -use hours. Examples: auditorium, theater, dinner theater, ballroom, social hall, community center, club, bowling center, skating rink, large conference center seating more than one hundred persons, recreation facility, gymnasium, field house, concert hall. 65-21 9.65: THE VILLAGE 12. Group 12. Classes: indoor class facilities for education, training, self-improvement, hobby, health, or vocation; all ages. Examples: instruction for art, cooking floral design, crafts, jewelry, leather working, sculpture, pottery, carving, basketry, pet care and grooming, toy making, quilting, weaving, knitting, day care, preschool, kindergarten, personal financial management, general adult education, business training, secretarial skills, drafting, landscaping, barber and beauty training, dance, music, swimming, scuba, sewing and tailoring, bartending, gardening, nursing, dental hygiene, electronics, small engine repair, home maintenance, creative writing, photography, management, sports and athletics, health, exercise and diet, philosophy and religion, hypnosis, tax preparation, language, child care skills. 13. Group 13. Art display: indoor spaces for presentation (and possible sale) of works of art (painting, drawing, sculpture, carving, paper, fabric, metal, plastic, wood, clay, wax, mixed media, photographic art, handcrafted pottery, handcrafted jewelry, handcrafted glass, handcrafted fine furniture). a. Works of art must be original or limited -edition prints, reproductions, or castings; b. May include accessory art production space, workroom or studio enclosed or attached; c. May permit temporary outdoor display of art works in adjacent pedestrian areas for the enjoyment of pedestrians. Examples: gallery, museum, art auction room, art consignment shop. 14. Group 14. Small goods sales or rental: retail sales and/or rental of "small' goods, i.e., goods which may be carried out by the customer or picked up or delivered by a one -ton pickup truck or smaller vehicle. a. Does not include the sale or servicing of motorized vehicles, structures (assembled or disassembled components), boats, travel trailers, R.V.s, motorhomes, campers, mobile homes, or any merchandise requiring outdoor display because of its size or weight; b. Includes new or used merchandise; c. Does not include lubricants, fluids, filters, belts, repair parts, or accessories for motorized vehicles; d. Includes repair and service of any items sold or rented, except that repair does not include dismantling for parts, repair of parts of motorized vehicles, or finishing, painting, refinishing, or repainting of any merchandise; 65-22 9.65. THE VILLAGE e. Does not include sale of motor fuels. Examples: antiques, appliances, arts supply, baked goods, bicycle sales and rental, books, ceramics, clothing, candy, curios, novelties, food, department store, drug store, dry goods, flowers, meat, poultry, seafood, produce, gifts, hardware, hobby materials, watches, jewelry, liquor, wine and beer, music, newspapers and magazines, notions, pets and supplies, office supplies, shoes, sporting goods, stationery, tobacco, toys, radio, television, telephone, VCR sales and service, video sales and rental, office machines, furniture, lighting, home furnishings, cameras and photographic supplies, craft supplies, sick room, handicapped or prosthetic device sales and rental, athletic and recreation equipment and supplies, luggage and leather items, rental service for items used within the home (e.g., party supplies), bath shop, kitchen shop, bedroom shop, paint, wallpaper, carpet, draperies, blinds, flooring, ceilings, materials, formal wear, costume sales and rental, fashion studio, special hobbies or collections for sale or trade, goods produced in or representative of the Coachella Valley, records, tapes, discs, imported goods, cutlery, perfume, soap, candles and other scented products. 15. Group 15. Parking lots: off-street (on- or off -site) parking facilities, with associated pedestrian ways, meeting the development standards of Chapter 9.150 ( Parking), and the design standards of the Village. 9.65.090 Table of Permitted Uses. A. Development Permits Required. This Chapter specifies whether a land use or structure is permitted within a zoning district. However, in most cases development to establish a use also requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. B. Uses and Structures Permitted Table 9-4: "Permitted Uses in the Village", following, specifies those uses and structures which are permitted within each Village district. The letters in the columns beneath the district designations mean the following: "P": Permitted as a princia use within the district. "A": Permitted only if accessory to the principal use on the site. "C": Permitted as a principal or accessory use if a conditional use permit is approved. "X": Prohibited in the district. C. Conditional Uses. Certain land uses are deemed desirable in the Village downtown for the convenience of residents and visitors but have impacts which must be mitigated by conditions specific to each proposed use. Such uses shall be limited to the minimum number necessary to provide such convenience. A conditional use permit granted for one use does not create a precedent for another but, on the contrary, may constitute grounds for declining to grant a second similar conditional use permit. The following uses are permitted by conditional use permit (pursuant to the provisions of Section 65-23 9.65. THE VILLAGE 9.210.020) in those Village districts designated in Table 9-4 following: 1. Retail sales of motor fuels, lubricants, or bulk pressurized flammable gases; 2. Retail sales of lubricants, fluids, filters, belt, repair parts, or accessories for motor vehicles. Such merchandise must be new or factory rebuilt, not used or salvaged; 3. Service and repair of motorized vehicles, limited to personal automobiles, light trucks, and two -wheeled vehicles; 4. Sale of alcoholic beverages for on -site consumption in a food service use not otherwise allowed alcoholic beverage service under this Chapter; 5. Providing "additional attractions" (live entertainment or large television, or outdoor entertainment, or a dance floor, or recreational accessory uses) in a food service use not otherwise allowed such uses under this Chapter; 6. Exceeding a stated upper limit for a permitted use, such as a seating capacity for conference facilities exceeding 100 persons, more than 25 rooms in a small hotel, more than five students in a professional studio, and similar capacity restrictions; 7. Special parking lot designs which do not meet the development standards of the VSP or Chapter 9.150. Conditional use permits for special parking lot designs shall be limited to: a) major projects (i.e., those projects which utilize six or more lots of record and cross an alley); b) designs which substitute a parking lot for an alley or a street; or c) access and parking off of north/south streets. D. Accessory Uses. Accessory uses are permitted provided the accessory use is established on the same lot or parcel of land. and is incidental to, and consistent with the character of the permitted principal use, including, but not limited to: Limited Manufacturing. Limited custom or artistic manufacturing, fabricating, processing, packaging, treating and incidental storage related thereto, provided any such activity shall be in the same line of merchandise or service as the trade or service business conducted on the premises and providing any such related activity does not exceed any of the following restrictions: a. The accessory use shall be conducted wholly within a completely enclosed building. b. The maximum gross floor area of the building permitted to be devoted to such accessory use shall be 25 percent. 65-24 9 65. THE VILLAGE c. The maximum total horsepower of all electric motors used in connection with such accessory use shall be five horsepower. d. The accessory use shall be located at least 50 feet from any residential district. e. The accessory use shall be so conducted that noise, heat. vibration, dust, odor, glare, does not create a nuisance beyond the premises. 2. Minor Temporary Outdoor Events. a. Temporary outdoor events of a minor nature, that is at which less than 5000 people are expected to be in attendance at any one time are permitted within the Village districts designated in Table 94. b. Temporary use permits may be granted in accordance with the procedures of Section 9.210.050 for one-time events, continuous events, periodically recurring events or scheduled repeat events. c. Temporary use permits shall be renewed on at least an annual basis. d. Conditions which protect the public health, safety, and welfare; and/or support the design, themes, or ambiance of the Village as described in the Village Specific Plan may be attached to such temporary use permits. e. Temporary use permits may be withdrawn by the City if it determines than any permit condition are not adhered to by the applicant. f. Permit conditions may be amended by the City if it determines that unforeseen problems have arisen which jeopardize the public's heal& safety, or welfare; or which result in noncompliance with the Village Specific Plan, this Chapter, or other applicable provisions of this Code. E. Prohibited Uses. Uses prohibited in all Village districts include those uses which have one or more of the following characteristics: 1. Do not serve one or more of the market segments described in Section 9.65.080; 2. Does not contribute to the support of the themes for the Village, especially the pedestrian emphasis in those Village districts which depend on pedestrian orientation; 3. Provide goods or services not essential to this location for these markets and would be better provided in another commercial location with less critical thematic requirements; 65-25 9.65. THE VILLAGE 4. Provide goods of a "large" nature, i.e. those requiring land -intensive and/or outside display area (including motorized vehicles, boats, structures, and items which cannot be delivered or picked up by the customer in a vehicle of one -ton capacity or less); 5. Serve motor vehicles beyond the minimal level deemed desirable for the convenience of the Village; 6. Drive-in or drive-thru uses; 7. Heavy commercial and industrial uses; 8. Major resort uses having more than 50 rooms, having land -intensive recreational facilities such as golf or multiple tennis courts, or other features or impacts out of scale with the Village; 9. Uses potentially disruptive to the Village and/or the adjacent residential neighborhoods. F. Uses Not Listed in Table. Land uses which are not listed in Table 9-4 are not permitted unless the Community Development Director or the Planning Commission determines that such use is within one of the permitted use categories listed preceding (e.g. principal use, conditional use, etc.) in accordance with Section 9.20.040. TABLE'9-4: PERMITTED USES IN TIC VILLAGE DISTRICT P = Principal Use C = Conditional Use Permit A = Accessory Use X = Prohibited Use 3 LAND USE VC VP VS VN VT Land Use Groups Group 1: Single family detached residential as the primary use X X C X X Group 2: Multifamily residential as the primary use X X X X P Group 3: Residential as a secondary use P P P X P Group 4: Detached professional studio P P P X P Group 5: Commercial guest lodging and associated uses X X P X X Group 6: Offices P P P P P Group 7: Services and limited sales within offices P P I P P I P 65-26 9.65: THE VILLAGE TABLE 94PERMITTED USES IN THE VILLAGE DISTRICT s it>Z A P = Principal Use C = Conditional Use Permit A= Accessory Use X= Prohibited Use g E j LA" 'USE VC VP VS VN VT Group 8: Personal services P P X C P Group 9: Food service P P P P P* 'Limited to uses with no cooking on premises. Group 10: Food service plus other attractions P C P C X Group 11: Public assembly P X X C X Group 12: Classes P P P C P Group 13: Art display P P P C C Group 14: Small goods sales or rental P P X C C Group 15: Parking lots P P P P P OTHER CONDMONAL USES (Subject to the provisions of Paragraph C of this Section) Retail sales of motor fuels, lubricants, or bulk pressurized C X X C X flammable gases Retail sale of lubricants, fluids, filters, belts. repair parts, or C X X X X accessories for motor vehicles. Such merchandise must be new or factory rebuilt, not used or salvaged; Service and repair of motorized vehicles, limited to personal C X X X X automobiles, light trucks, and two -wheeled vehicles Sale of alcoholic beverages for on -site consumption in a food X X X X X service use not otherwise allowed alcoholic beverage service under this Cha ter Providing "additional attractions" (live entertainment or large X X X X X television, or outdoor entertainment, or a dance floor, or recreational accessory uses) in a food service use not otherwise allowed such uses under this Chapter Exceeding a stated upper limit fora permitted use C C C X JA 65-27 9.65: THE VILLAGE TABLE 94: PERMITTED USES IN THE VILLAGE DISTRICT a r = g i P = Principal Use C = Conditional Use Permit A= Accessory Use X= Prohibited Use g s 1 & E > _ > >= Fes. LAND USE VC VP VS VN VT Special parking lot designs which do not meet the development C C X X C standards of the VSP or Chapter 9.150. ACCESSORY USES See Paragraph D of this Section and the individual Village district Sections Other principal, accessory or temporary uses not listed in this Director or Planning Commission Table. to determine if use is permitted in accordance with the Purpose and Intent of the district and with Section 26-126. 9.65.100 Design and Development Review. A. Site Development Permit Required. Except for single-family detached residential, all development in the Village districts shall require approval of a site development permit in accordance with Section 9.210.010. In addition to the findings required in Section 9.210.010, site development permit approval shall require a finding that the project is consistent with the Village Specific Plan and wi&this Chapter 9.65. B. Design Review Required. 1. All uses of property, construction, reconstruction, exterior remodeling, conversions of use, landscaping, and major exterior maintenance including painting (other than for single-family detached residential which shall follow the RC district standards) must comply with the Village design standards contained within the Village Specific Plan and other adopted standards as approved by the Planning Commission. 2. In general, the Village design standards require compliance and support of three themes: a. Desert oasis, expressed in designs consistent with La Quinta's historic architectural vernacular; b. Pedestrian scale and orientation; 9.65. THE VILLAGE c. Arts theme. 3. The following factors and characteristics which affect the appearance of a development will govern the Planning Commission's evaluation of a design submission: a. Conformance with the Village Specific Plan; b. Conformance with ordinances and codes; c. Logic and functional effectiveness and efficiency of design; d. Exterior space utilization and treatment; e. Architectural character; f. Attractiveness; g. Material selection; h. Internal harmony and compatibility with surroundings; i. Circulation, both vehicular and pedestrian; j. Maintenance aspects; k. Integration of the arts theme into the project; 4. In particular, the design review will examine the following for compliance with the Village Specific Plan: a. Site planning: pedestrian orientation. automobile orientation. setbacks and yards, building orientation, building height and scale, screening, service; b. Relationships to adjoining buildings and sites; c. Landscape and treatment of outdoor spaces: choice, maturity, and placement of landscape materials, hardscape, waterscape, uses and arrangements, artistic treatment; d. Building design and components: general treatment, roofs, walls, windows and openings, doors and doorways, shade features, stairways. chimneys, balconies, gateways, colors, building materials, lighting, accent details; e. Signs: placement, design quality, size, relationship to other design themes; f. Streetscape: screening, vistas, lighting, street fumiture, utilities; g. Maintenance considerations; h. Other considerations, as provided in the Village Specific Plan and other adopted standards. 9.65.110 Supplemental Village Regulations. Residential land uses within the Village shall comply with the Supplemental Residential Regulations of Chapter 9.60 and nonresidential land uses within the Village shall comply with the Supplemental Nonresidential Regulations of Chapter 9.100. 9.65.120 VR Village Residential District. A. Purpose and Intent. To provide for single family and multifamily residential land uses adjacent to Village commercial zones, to foster housing and associated uses which contribute to the arts theme 65-29 9.65: THE VILLAGE of the Village, and to provide special opportunities for off -site parking and pedestrianways which support the pedestrian -oriented nature of the Village, all in accordance with the Village Specific Plan and Policy No. 2-5.1.5 of the General Plan. B. Permitted Uses. Permitted uses in the VR district shall be as follows: Single-family detached dwellings, which comply with requirements and standards of the RC Cove Residential district (Section 9.30.050). 2. All other residential uses at densities (including a variety of housing types. single-family attached, duplexes, triplexes, quadraplexes, townhouses, and other multi -unit dwelling groups), which comply with requirements and standards of this Section. C. Accessory Uses. The following uses are permitted if accessory to principal residential uses: 1. Artist's studios for personal artistic production (but not including commercial presentation or sale to the public on -site), with no employees other than family members or artistic models. Studios may be attached to dwelling units or detached. 2. On -site parking for residential uses and customers of studios/galleries. 3. On -site signs, affixed to building walls, stating the name of the residential structure. complying with Chapter 9.160 (Signs). D. Conditional Uses. The following uses are permitted if a conditional use permit is approved per Section 9.210.020. 1. Parking lots for nonresidential uses off -site in accordance with Section 9.150.040 (Parking Location and Accessibility). 2. Second Units ("Granny Housing") in accordance with Section 9.60.090. E. Development Standards. 1. Building Height. For single family detached, 17 feet in accordance with RC district standards. For all uses other than single-family detached residential, the building height limit shall be two stories, up to 30 feet. 2. Setbacks and Other Standards. Yard setbacks, lot area, and other standards shall conform to the RC district development standards as set forth in Section 9.30.050. F. Parking. Parking shall be provided as required by Chapter 9.150 and shall comply with the design standards of the village as described in the Village Specific Plan. Parking lots shall provide 65-30 9.65: THE VILLAGE pedestrian ways, landscaping, lighting, and screening arrangements meeting design standards. G. Pedestrianways. All development (other than single-family detached residential units on individual lots) shall provide a paved pedestrian walkway along the front and side rights -of -way. Where space is available within the right-of-way between the edge of the ultimate pavement width and the right-of-way line, the pedestrian walkway shall be placed within the right-of-way. Otherwise, a pedestrian walkway easement shall be provided by the development. Walkways shall be in such locations, at such widths, and paved with such materials as are determined necessary for public safety by the City Engineer. H. Design Standards. 1. All structures and uses other than single-family detached residential on individual lots are subject to the Village design review standards and procedures per Section 9.65.100 2. Single-family detached residences on individual lots shall conform to the RC Cove Residential District standards. I. Guest Houses. Establishment and use of guest houses or quarters shall be in accordance with Section 9.60.100. J. Patio Covers and Accessory Buildings. Patio covers and accessory buildings shall be regulated by Sections 9.60.040 and 9.60.050. K. Landscaping. 1. The front yard of all lots and the street sideyard of comer lots shall be landscaped up to the property line, edge of curb, sidewalk, or edge of street pavement, whichever is furthest from the residence. 2. All landscaping shall include trees (minimum two fifteen -gallon trees on interior lots and five fifteen -gallon trees on corner lots), shrubs. and groundcover and/or hardscape 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 Landscaping Standards as adopted by the Planning Commission. 3. A permanent water -efficient irrigation system shall be provided for all areas required to be landscaped. 4. All landscaping shall be continuously maintained in a healthy and viable condition by the property owner. L. Review Process. Approval of a site development permit shall be required for new single family 65-31 9.65. THE VILLAGE residences in accordance with Section 9.210.010. In addition, compatibility review may be required for units in partially -developed subdivisions, subject to the criteria and requirements in Section 9.60.290. M. Minor and Major Design Deviations. The Community Development Director shall make the determination of whether a design deviation is major or minor using the following criteria: 1. A minor design deviation can be approved by the Director without a public hearing via a minor use permit per Section 9.210.020. "Minor design deviation" means a modification of an approved architectural unit within a subdivision that involves items such as, but not limited to, less than five percent change in square footage of existing constructed or approved units, columns, dormer vents, window size changes, plant -on locations, color, and stucco texture changes. The Director may refer the minor design deviation to the Planning Commission for a non -hearing compatibility review. 2. Major design deviations shall be subject to the compatibility review process in accordance with Section 9.60.290. A "major design deviation" consists of a five percent or more change in square footage of existing constructed or approved units; any exterior architectural modification not defined as a minor design deviation. 65-32 CHAPTER 9.70: NONRESIDENTIAL DISTRICTS Sections: 9.70.010 Summary of District Regulations ................... 70-1 9.70.020 NR Nonresidential Overlay District .................. 70-1 9.70.030 CR Regional Commercial District ................... 70-2 9.70.040 CP Commercial -Park District ...................... 70-2 9.70.050 CC Community Commercial District ................ 70-2 9.70.060 CN Neighborhood Commercial District .............. 70-2 9.70.070 CT Tourist Commercial District .................... 70-3 9.70.080 CO Office Commercial District ..................... 70-3 9.70.090 MC Major Community Facilities District ............ 70-3 9.70.010 Summary of District Regulations. A. Purpose. This Chapter 9.70 contains the purpose and intent of each nonresidential district. B. Permitted Uses. Chapter 9.80 specifies the land uses allowed in each nonresidential district. C. Development Standards. Development standards (such as minimum setbacks and maximum building heights) for each nonresidential district are contained in Chapter 9.90. D. Supplemental Regulations. Sections and page numbers containing supplemental regulations applicable to nonresidential uses are as follows: 9.100.010 Purpose and Intent ................... 100-1 9.100.150 Outdoor Lighting .................... 100-15 9.100.020 Parking and Signs .................... 100-1 9.100.160 Caretaker Residences ................. 100-21 9.100.030 Fences and Walls .................... 100-1 9.100.170 Construction and Guard Offices ........ 100-21 9.100.040 Landscaping ........................ 100-3 9.100.180 Relocatabie Buildings ................ 100-22 9.100.050 Screening ........................... 100-4 9.100.190 Recycling Collection Facilities ......... 100-23 9.100.060 Detached Accessory Structures ......... 100-6 9.100.200 Trash and Recyclable Materials Storage .. 100-25 9.100.070 Satellite Dish and Other Antennas ....... 100-7 9.100.210 Noise Control ....................... 100-26 9.100.080 Christmas Tree Sales .................. 100-8 9.100.220 Operational Standards ................ 100-28 9.100.090 Halloween Pumpkin Sales ............. 100-9 9.100.230 Hazardous Waste and Materials ........ 100-29 9.100.100 Produce and Flower Stands ............ 100-9 9.100.240 Service Station Standards ............. 100-30 9.100.110 Outdoor Vendors .................... 100-10 9.100.250 Child Day Care Centers ............... 100-32 9.100.120 Outdoor Storage and Display .......... 100-10 9.100.260 Senior Group Housing ................ 100-32 9.100,130 Sidewalk Sales and Commercial Events . 100-12 9.100.270 Single Room Occupancy (SRO) Hotels .. 100-33 9.100.140 Temporary Outdoor Events ........... 100-13 9.100.280 Bus Stop Benches and Shelters ......... 100-33 9.70.020 NR Nonresidential Overlay District. A. Purpose and Intent. To restrict residential uses from locating within that portion of the underlying CR base district near Highway 111 which are impacted by excessive traffic, noise and other unsuitable environmental conditions. B. Permitted Uses. Section 9.80.020 specifies the restrictions on residential uses within the NR overlay district. C. Development Standards. Setbacks and other development standards shall be as set forth for the underlying CR base district in Section 9.90.040. 70-1 9.70: NONRESIDENTUL DISTRICTS 9.70.030 CR Regional Commercial District. A. Purpose and Intent. To provide for the development and regulation of regionally -oriented commercial areas located along the Highway 111 corridor as shown on the General Plan. The CR district is intended to provide a broad range of goods and services serving the entire region. Representative land uses include corporate headquarters, regional service centers, research and development facilities, major community facilities, major medical facilities, overnight commercial lodging, entertainment, and automobile -oriented sales and services. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. Per General Plan Policy 2-3.1.9, approval of a specific plan is required for any development or land division in the CR district. 9.70.040 CP Commercial Park District. A. Purpose and Intent. To provide for the development and regulation of heavy commercial and light industrial uses located within the Highway 111 corridor as shown on the General Plan. Representative uses include automobile repair, warehousing and storage, office/showroom, office/warehouse, high-tech light manufacturing, and similar uses which serve the needs of the local and regional trade area B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. 9.70.050 CC Community Commercial District. A. Purpose and Intent. To provide for the development and regulation of medium- to large-scale commercial areas located at the intersections of arterial highways as shown on the General Plan. The CC district is intended to provide for the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services, and similar goods and services to meet the needs of a multi - neighborhood area. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. 9.70.060 CN Neighborhood Commercial District. A. Purpose and Intent. To provide for the development and regulation of small-scale commercial areas located at the intersections of arterial highways as shown on the General Plan. The CN district is 70-2 9.70. NONRESIDENTUL DISTRICTS intended to provide for the sale of food, drugs, sundries, and personal services to meet the daily needs of a neighborhood area. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. 9.70.070 CT Tourist Commercial District. A. Purpose and Intent. To provide for the development and regulation of a narrow range of specialized commercial uses oriented to tourist and resort activity, located in areas designated on the General Plan. Representative land uses include destination resort hotels, conference -oriented hotels and motels, eating and drinking establishments, accessory retail and personal service shops, and recreational uses. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. 9.70.080 CO Office Commercial District. A. Purpose and Intent. To provide for the development and regulation of office -oriented uses serving the local and regional trade area, located as shown on the General Plan. Representative land uses include financial, medical, legal, professional service uses, and limited accessory retail uses. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. 9.70.090 MC Major Community Facilities District. A. Purpose and Intent. To provide for major community facilities such as government offices, fire and police stations, post offices, public schools, libraries, community centers, corporate yards, and similar uses at locations identified on the General Plan. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. 70-3 CHAPTER 9.80: NONRESIDENTIAL PERMITTED USES Sections: 9.80.010 Development Permits Required .............. 80-1 9.80.020 Residential Uses in NR Overlay District ....... 80-1 9.80.030 Residential Uses Outside NR Overlay ......... 80-1 9.80.040 Table of Permitted Uses .................... 80-2 9.80.010 Development Permits Required. Table 9-4 of this Chapter specifies whether a land use or structure is permitted within a zoning district. However, in most cases development to establish a use also requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. In addition, per General Plan Policy 2-3.1.9, approval of a specific plan is required for any development or land division in the CR district. 9.80.020 Residential Uses in NR Overlay District. In accordance with General Plan Policy 2-3.1.4, no residential uses shall be established within the NR Nonresidential Overlay portion of the CR Regional Commercial district except for incidental residential uses which: 1. Are incorporated into a project site which is 20 acres or more in size; 2. Are a part of a larger mixed use project with predominantly nonresidential uses; 3. Are no more than 20 percent of the total project square footage; 4. Are well integrated into the larger development, i.e. not a separate use; 5. Serve a legitimate necessary purpose for the development such as employee housing; 6. Have at least 50 percent of the units in the affordable category, as defined in the General Plan Housing Element; and 7. Are approved by the City as an integral part of the overall mixed use project. 9.80.030 Residential Uses Outside NR Overlay. In accordance with General Plan Policies 2-3.1.6 through 2-3.1.8, townhome and multifamily residential uses may be established in the CR District outside the NR Nonresidential Overlay as part of mixed use projects. Such projects may have up to a proportion of 100 percent residential. The following requirements shall apply: 1. A specific plan shall be approved and the project shall conform to the RSP Residential Specific Plan standards of Sec. 9.30.090 with regard to common open area and perimeter landscaping. 2. A minimum of 15 percent of the dwelling units are provided in the affordable "low" and/or "very low" income category per Section 9.60.290. 3. Project sites of less than 20 acres shall be single -use, either all residential or all nonresidential. 80-1 9.80. PERMITTED NONRESIDENTIAL USES 9.80.040 Table of Permitted Uses. A. Uses and Structures Permitted. Table 9-5: "Permitted Uses in Nonresidential Districts", following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use pgrmit is approved. 4. "M": Permitted if a minor usg,permit is approved. 5. "T": Permitted as a te=orary use only. 6. "X": Prohibited in the district. B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted unless the Community Development Director or the Planning Commission determines that such use is within one of the permitted use categories listed preceding (e.g. principal use, conditional use, etc.) in accordance with Section 9.20.040. Retail Uses Retail stores under 10,000 s /ft floor area per business P A P P A A X Retail stores`, 10,000-50,000 s /ft floor area P X P P X X X Retail stores`, over 50,000 s /ft floor area C X C X I X X X Food, liquor, and convenience stores under 10,000 sq/ft P A P P A A X floor area, open less than 18 hours/day' Food, liquor, and convenience stores under 10,000 sq/ft C X C C C X X floor area, open 18 or more hours/day' ' Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries, office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar retail items. 2 With no consumption of alcohol on the premises. 80-2 9.80. PERMITTED NONRESIDENTIAL USES TABLE 9-5c PERMITTED USES IN NONRESIDENTUL.DISTRICTS P = Principal Use M = Minor Use Permit A = Accessory Use T — Temporary Use Permit C=Conditional Use Permit X=Prohibited Use DISTRICT ' d s o o J o LANDUSE CR CP CC CN CT CO MC Plant nurseries and garden supply stores, with no propagation of plants on the premises, subject to 9.100.120 Outdoor Storage and Display) C X C C X X X Showroom/catalog stores, without substantial onsite inventory P P P X X X X General Services Barber shops, beauty, nail and tanning salons and similar, uses P A P P P A X Miscellaneous services such as travel services, photo developing, videotape rentals, shoe repair, appliance repair, and similar uses P A P P P A X Laundromats and dry cleaners -- except central cleaning plants P X P P P X X Printing, blueprinting and copy services P P P P P P X Pet grooming -- without overnight boarding P X P P P X X Office Uses and Health Services Banks P X P P P P X General and professional offices P X P P P P C Medical offices -- physicians, dentists, optometrists, chiropractors, and similar practitioners P X P P P P X Medical centers/clinics -- four or more offices in one building P X P C X P X Sur icenters P X P X X P X Hospitals C X X X X X C Convalescent hospitals C X C X X X C 80-3 9.80: PERMITTED NONRESIDENTL4L USES TABLE 9-5: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P — Principal Use M — Minor Use Permit A =Accessory Use T Temporary Use Permit C - Conditional Use Permit X = Prohibited Use DISTRICT _ ic a E vI z E s „ 0. AL g LAND USE CR' CP'' CC'' CN '' `CT CO MC Veterinary clinics/animal hospitals, and pet boarding indoor only) C C C X X X X Dining, Drinking, and Entertainment Uses Restaurants other than drive-thru P A P P P A A Restaurants, drive-thru P A P X P A X Restaurants, counter take-out with ancillary seating, such as yogurt, ice cream, pastry shops, and similar P P P P P P A Bars, taverns, and cocktail lounges C C C X C C X Dancing or live entertainment as a principal use C X C X C X X Dancing or live entertainment as an accessory use A X C C C C X Theaters, live or motion picture C X C X C X X Recreation Uses Bowling, poof or billiard centers as a principal use C X C X C X X Pool or billiard tables as accessory use 3 tables or less A A A A A A X Game machines, 11 or more (as either a principal Qt accessory use C X C C C X X Game machines as an accessory use, ten or fewer machines A A A A A A X Golf courses and country clubs (see GC District permitted uses, Chapter 9.120 X A X X C A X Tennis clubs or complexes C A C X X A C Health clubs, martial arts studios, and dance studios, 5000 s /ft floor area or less M M M M M M A Health clubs, martial arts studios, and dance studios, over 5000 s /ft floor area C C C C C C X Libraries and museums P I X I P C P P I P 11 80-4 9.80. PERMITTED NONRESIDENTIAL USES TABLE 9-5: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M = Minor Use Permit A _ Accessory Use T — Temporary Use Permit C = Conditional Use Permit X Prohibited Use DISTRICT s PIN £ ` o air LAND USE CR CP CC CN CT' CO MC Parks, unlighted playfields, and open sace P P P P P P P Lighted playfields X X X X X X C Bicycle, equestrian and hiking trails P P P P P P P Indoor pistol or rifle ranges X C X X X X X Miniaturegolf/recreation centers C X X X C X X Assembly Uses Lodges, union halls, social clubs and senior citizen centers C C C C X X C Churches, temples and other places of worship C C C C X C X Mortuaries and funeral homes C C C X X X X Public and Semi -Public Uses Fire stations P P P P X P P Government offices and police stations P P P P P P P Communication towers and equipment, subject to Chapter 9.170 C C C C C C C Electrical substations M M M X X X M Water wells and pumping stations M M M X X X M Reservoirs and water tanks X X X X X X M Public flood control facilities and devices P P P P P P P Colleges and universities C X X X X X C Vocational schools, e.. barber, beauty and similar C C C X X C C Private elementary, intermediate and high schools C C C C C C C Private swim schools C C C X C X C Train bus and taxi stations C X C X C X C 80-5 9.SO: PERMITTED NONRESIDENTL4L USES TABLE 9-5: PERMITTED USES N NONRESIDENTIAL DISTRICTS P = Principal Use M='Minor Use Permit A = Accessory Use T = Temporary Use Permit C = Conditional Use Permit X = Prohibited Use DISTRICT _ d $ s LAND USE CR CP CC CN; CT CO MC Helicopter pads X X X X C X C Public or private kennels and animal shelters (with indoor or outdoor pet boarding) X C X X X X C Residential, Lodging, and Child Care Uses Townhome and Multifamily dwellings as a primary use C* X X X X. X X *If part of a mixed use project per §9.80.020 or 9.80.030 Residential as an accessory use, e.g. caretaker residences per 9.100.160 C C C C C C C Child day care facilities, centers and preschools as a principal use, sub'. to 9.100.250 also see Accessory Uses C C C C X C C Senior group housing, subject to 9.100.260 C X X X X X X Rooming and boarding houses C X X X X X X Single room occupancy SRO hotels, sub'. to 9.100.270 C X X X X X X Emergency shelters P P P P P P P Transitional shelters for homeless persons or victims of domestic abuse C X X X X X C Mixed-useprojects: residential and office/commercial C X X C X X X Hotels and motels C X C X C X X Timeshare facilities, subject to 9.60.280 C X C X C X X Bed and breakfast inns X X C C C X X Caretaker residences M M M M M M M Automotive Uses subject to 9.100.120, Outdoor Storage and Display) AX Automobile service stations with or without minimart C C C C X 80-6 9.80. PERMITTED NONRESIDENTL4L USES TABLE 9-5: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M =' Minor >Use Permits A _ Accessory Use T =Temporary Use Permit C— Conditional Use Permit X Prohibited Use DISTRICT a a r o o = LAND USE CIt CP CC' CN CT CO MC Car washes C C C X X X X Auto body repair and painting; transmission repair X C X X X X X Auto repair specialty shops, providing minor auto maintenance: tire sales/service, muffler, brake, lube and tune-up svcs -- not including major engine or drivetrain repair C C C X X X X Auto and motorcycle sales and rentals C C X X X X X Truck, recreation vehicle, and boat sales C C X X X X X Truck and/or equipment rentals C C X X X X X Auto parts stores, with no repair or parts installation on the remises P P P C X X X Auto or truck storage yards, not including dismantling X C X X X X X Private parking lots/garages as a principal use subject to Chapter 9.150, Parkin C C C X C C X Warehousing and Heavy Commercial Uses subject to §9.100.120, Outdoor Storage and Display) Wholesaling/distribution centers, with no sales to consumers C P X X X X X General warehouses, with no sales to consumers C P X X X X X Mini -storage warehouses X P X X X X X Lumber yards, outdoor (see retail stores for indoor lumber sales X C X X X X X Pest control services C C x X X X X Plumbing repair shops C P X X X X X Contractor, public utility and similar equipment/storage yards C C X X X X C 80-7 9.80. PERMITTED NONRESIDENTL9L USES TABLE 9-5: PERMITTED USES IN NONRESIDENTIAL DISTRICTS P = Principal Use M — Minor Use Permit A = Accessory Use T - Temporary Use Permit C - Conditions[ Use Permit X - Prohibited Use DISTRICT — j Ic d I 1 1 # s _ 1 3 81 c « 1 a 'I LANDUSE CR CP i CC CN CT CO ` MC Central cleaning or laundry plants C C C X I X X X Communication or relay facilities/antennas as primary use C C C C C C C Industrial and Research Uses Indoor manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood X P X X X I X X Research and development P P X X X X X Recording studios P P X X X X X Bottling plants X P X X X X X Sign making, except sandblasting P P X X X X X Sign making, including sandblasting X P X X X X X Recycling centers as a primary use, collection and sorting only, subject to 9.100.190 X C X X X X C Offsite hazardous waste facilities, subject to 9.100.230 X C X X X X X Accessory Uses and Structures Portable outdoor vending uses (such as flower stands, hotdog stands, etc.), subject to 9.100.100 M M M M M M M Swimming pools as an accessory use M M M X A M A Golf or tennis facilities as an accessory use M M M X A M A Signs, subject to Chapter 9.160 A A A A A A A Fences and walls, subject to 9.100.030 A A A A A A A Antennas and satellite dishes, subject to 9.100.070 A A A A A A A Reverse vendin machines subject to 9.100.190 A A A A X X A Rec clin dro off bins subject to 0.100.190 M A M M X X A 80-8 9.80: PERMITTED NONRESIDENTIAL USES TABLE 9-5: PERMITTEDUSES' IN NONRESIDENTIAL DISTRICTS P= Principal Use M= Minor Use Permit A = Accessory Use T = Temporary Use: Permit C = Conditional Use Permit X = Prohibited Use DISTRICT ,: Va X - '' aF o m E e a `o LAND USE CR , CP'` CC CN CT CO MC Incidental products or services for employees or businesses such as child day care, cafeterias, and business support uses A A A A A A A Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district, as determined by the Director. A A A A A A A Temporary Uses Christmas tree sales, subject to 9.100.080 T T T T X X T Halloween pumpkin sales, subject to 9.100.090 T T T T X X T Stands selling fresh produce in season, sub'. to 9.100.100 T T T T X X T Sidewalk sales, subject to 9.100.130 T T T T T T X Temporary outdoor events, subject to 9.100.140 T T T T T T T Construction and guard offices, subject to 9.100.170 T T T T T T T Use of relocatable building, subject to 9.100.180 T T T T T T T Other Uses Fortune telling and palmistry C X C X X X X Sexually -oriented businesses, subject to 9.100.080* C X X X X X X * Property must also be located within the SOB (Sexually Oriented Business) overlay district. Other use not listed in this Table. Per §9.20.040, Director or Planning Commission to determine whether use is 80-9 CHAPTER 9.90: NONRESIDENTIAL DEVELOPMENT STANDARDS ections: 9.90.010 Maximum Building Height .................. 90-1 9.90.020 Roof Projections ............................ 90-1 9.90.030 Wall Projections ............................ 90-2 9.90.040 Table of Development Standards ............. 90-2 9.90.050 Illustration of Development Standards ....... 90-4 9.90.060 Irregular Lots .............................. 90-5 9.90.070 Setbacks from Surface Easements ............ 90-5 9.90.010 Maximum Building Height. For purposes of this Code, the maximum height of buildings and other structures shall be defined as the vertical distance from finish grade to an imaginary plane above the building site. The imaginary plane shall be established above and parallel to the finish grade adjacent to the exterior walls at a vertical distance equal to the specified maximum height. This definition is illustrated below: Figure ".• Measurement of Bu!/d/ng Height 9.90.020 Roof Projections. A. Encroachments Permitted. Notwithstanding Figure 9-8 preceding, architectural features not containing usable floor space, such as chimneys, towers, gables, and spires, are permitted to extend 15 feet above the maximum structure height set forth in Table 9-6 following if approved as part of a site development or other permit. The aggregate floor or "footprint" area of such architectural features shall encompass no more than ten percent of the ground floor area of the structure B. Antennas. Satellite dish or other antennas shall not extend above the maximum structure height specified in Table 9-6 (see Chapter 9.170 for other antenna regulations). 90-1 9.90: NONRESIDENTIAL DEVELOPMENT STANDARDS 9.90.030 Wall Projections. A. Permitted Encroachments. Roof overhangs, chimneys, awnings and canopies may encroach a maximum of three feet into any of the required setbacks specified in Table 9-6 following provided such projections do not extend over the property line. B. Prohibited Encroachments. Seating windows, balconies, exterior stairways, and similar features shall not encroach into required setbacks. 9.90.040 Table of Development Standards. Table 9-6 following 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. 90-2 9.90. NONRESIDENTUL DEVELOPMENT STANDARDS TABLE 9-6: NONRESIDENTIAL DEVELOPMENT STANDARDS DISTRICT DEVELOPMENT STANDARD.'• CR* CP CC`' CN CT CO MC Min.- Max. Building Site (acres) n/a n/a n/a 1-20 n/a n/a n/a Max. Structure Height (ft.)" 50 35 40 35 40 40 40 Max. Number of Stories 4 2 3 2 3 3 3 Max. Floor Area Ratio (FAR)' .35 .50 .30 .25 .25 .30 n/a From Highway I I I Right -of- 50/ 50/ 50/ n/a n/a n/a n/a Way' 50 50 50 From all Primary Image Corridor' Rights -of -Way' 30/ 30/ 30/ 30/ 30/ 30/ 30/ (except Hwy 111) and from all 20 20 20 20 20 20 20 Min. Major and Primary Arterials From all other Perimeter Street 20/ 20/ 20/ 20/ 20/ 20/ 20/ Perimeter Building/ Rights -of -Way' 10 10 10 10 10 10 10 Landscape Setbacks From residential districts and 50/ 50/ 50/ 30/ 30/ 30/ 30/ (in PR, OS, & GC districts ' 10 10 10 15' 15 s 15 s 15 s From abutting commercial and other nonresidential property or 10/5 10/5 10/5 10/5 10/5 10/5 10/5 districts' Min. setback from interior property lines 0 0 0 0 0 0 0 within the same project Parking and Signs See Chapters 9.150 and 9.160 Fences and Walls See Section 9.100.030 Landscaping and Screening See Sections 9.100.040 and 9.100.050 * Specific plan approval required for development or land division in the CR district. ' All min. perimeter setbacks shall be increased 1 foot for every foot in height that bldg. is above 35'. ' FAR means the gross floor area of all buildings divided by the building site area. s The following are applicable Primary Image Corridors as identified in the General Plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington St.) a 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 conta parking, driveways, and similar facilities. In addition to above landscape setbacks, jntguQt landscapin shall be required as a percentage of the net project area as follows: parking areas: min. 15 percent; nonparking areas: min. 5 percent (also see Section 9.100.050). s For bldgs over one story in CN, CT and CO districts, setbacks shall be increased to 40/20. e Not including basements. Also, notwithstanding above Table, the maximum structure height = 22' for all buildings within 150' of any General Plan -designated major arterial. 90-3 9.90: NONRESIDENTUL DEVELOPMENT STANDARDS 9.90.050 Illustration of Development Standards. FIGURE 9-9: DEVELOPMENT STANDARDS FOR NONRESIDENTIAL DISTRICTS CR, CP AND CC DISTRICTS: Min. 20' Build Setback from Perimeter Str R.O.W.'s (other Primary Image Cc and Motor or Prim Artsam. Min. 50' Buiidina Setback Min. SW Building Min. 10' Buikiing Setback from Setback from Residential, Abutting Commercial, Office, PR, OS, and GC Districts Industrial, and MC Projects INTERIOR LANDSCAPING RECUR IN ALL 018TRIC18SIri addition ss N�_ ) AS A bP%CENr OF NET PPRRoOJEEc�..I AREA: WMIN N0N14% KINO AREAS: 5% CN, CT, CO, AND MC DISTRICTS: Min. 20' Build Setback from Perimeter Str R.O.W.'s (other Primary Image Cc and Major or Prim Arterials) Min. 30' Building Min. 10' Building. Setback from itback from Residential, AbuttingCommercial, Office, i, OS, and GC Districts Industrial, and MC Projects for bidgs. over one story) Max. FAR's: CR=.35 CP = .50 CC=.30 19k ngimary(other111)imary ax. FAR's CN=.25 CT = .25 CO = .30 (MC: rda) *isndMmjer 0' Building from Primary orridors (other 111) or Primary A rh rims 90-4 9.90. NONRESIDENTUL DEVELOPMENT STANDARDS 9.90.060 Irregular Lots. A. Purpose. The purpose of this Section is to provide standards for the establishment and measurement of setbacks on irregular lots. B. Perimeter Setbacks. Perimeter setbacks shall be measured from the property line or the ultimate street right-of-way line, whichever results in the larger setback. C. Pie -Shaped Lots. Setbacks on pie -shaped lots shall be measured at the closest point between the building and the angled lot line. D. Flag or Panhandle Lots. 1. Definition.For purposes of this Section, "panhandle lot", "flag lot", "panhandle building site", and "flag building site" all mean the following: a lot or building site having its only vehicular access by way of a narrow accessway which serves no other property and which is less than 40 feet wide and more than 20 feet long. 2. Setbacks. All perimeter setbacks shall be measured from property lines, except that the property line adjacent and most perpendicular to the "panhandle" portion of the lot shall be extended across that portion and serve as the basis for measuring setbacks in that area. 3. No Structures in Panhandle. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements. E. Determination by Director. Where a building site is situated such that any of the property lines are not readily determinable, required setbacks shall be as determined by the Director in compliance with the following criterion: required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses. 9.90.070 Setbacks from Surface Easements. Where a surface easement for street, vehicular access, bikeway, or recreation trail purposes has been granted across any portion of a lot, the building setback shall be measured from the property line or to the edge of easement, whichever is closer to the building. 90-5 CHAPTER 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS Sections: 9.100.010 Purpose and Intent ................... 100-1 9.100.150 Outdoor Lighting .................. 100-15 9.100.020 Parking and Signs .................... 100-1 9.100.160 Caretaker Residences ............... 100-21 9.100.030 Fences and Walls ..................... 100-1 9.100.170 Construction and Guard Offices ...... 100-21 9.100.040 Landscaping ......................... 100-3 9.100.180 Relocatable Buildings ............... 100-22 9.100.050 Screening ........................... 100-4 9.100.190 Recycling Collection Facilities ........ 100-23 9.100.060 Detached Accessory Structures .......... 100-6 9.100.200 Trash and Recyclable Materials Storage 100-25 9.100.070 Satellite Dish and Other Antennas ....... 100-7 9.100.210 Noise Control ...................... 100-26 9.100.080 Christmas Tree Sales .................. 100-8 9.100.220 Operational Standards .............. 100-28 9.100.090 Halloween Pumpkin Sales .............. 100-9 9.100.230 Hazardous Waste and Materials ...... 100-29 9.100.100 Produce and Flower Stands ............ 100-9 9.100.240 Service Station Standards ............ 100-30 9.100.110 Outdoor Vendors .................... 100-10 9.100.250 Child Day Care Centers ............. 100-32 9.100.120 Outdoor Storage and Display .......... 100-10 9.100.260 Senior Group Housing .............. 100-32 9.100.130 Sidewalk Sales and Commercial Events . 100-12 9.100.270 Single Room Occupancy (SRO) Hotels . 100-33 9.100.140 Temporary Outdoor Events ........... 100-13 9.100.280 Bus Stop Benches and Shelters ........ 100-33 9.100.010 Purpose and Intent. This Chapter sets forth requirements for outdoor storage, sidewalk sales, service stations, noise control, and other special aspects of land use in nonresidential districts. These requirements are in addition to the other regulations set forth in this Zoning Code. 9.100.020 Parking and Signs. Refer to Chapter 9.150 for parking regulations and Chapter 9.160 for sign regulations. 9.100.030 Fences and Walls. A. Definition. For purposes of this Section, "fence" or "wall' means any type of fence, wall, retaining wall, sound attenuation wall, screen, or windscreen. The terms "fence" and "wall" are used interchangeably in this Section to mean any or all of the preceding structures. B. Measurement offence 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 48 inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement. 2. Fences 30 inches or more apart (between adjoining faces) shall be considered separate struc- tures and their heights shall be measured independently provided the area between the fences is landscaped and provided with a permanent irrigation system. Fences less than 30 inches apart 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. 100-1 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS C. Height Standards. 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 12 feet. 2. Setback Areas Not Bordering Streets. The maximum height shall be six feet within any required front, rear or side setback area not adjoining a street. However, 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. Adjacent to any residential district, fence height shall not exceed eight feet measured from either side. 3. Setback Areas Bordering Street, Alleys and other Accessways. a. Maximum fence height shall be 30 inches within the first ten feet of the required front setback area (measured from the street). b. Where, because of the orientation of the lots, a property line fence borders both a front yard on one lot and a rear yard on the adjacent lot, the maximum height shall be six feet. c. Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of Subsection C4 of this Section. d. 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. D. Visibility at Intersections. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances and to maintain visual openness. Therefore, notwithstanding Subsection C.3. of this Section, the height of fences, trees, shrubs, and other visual obstructions shall be further restricted as follows: 1. The height of fences, trees, shrubs, and other visual obstructions shall be limited to a maximum height of 30 inches within the triangular area formed by drawing a straight line: 1) Between two points located on and 20 feet distant from the point of intersection of two ultimate street right-of-way lines. 2) Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other. 100-2 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 2. For purposes of this Code, "point of intersection" shall mean the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two lines. 3. The height restrictions of this Subsection shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility. E. Nonconforming Fences. Any fence which does not meet the standards of this Section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded or its non-conformance with these standards otherwise increased. Any fence which is destroyed or damaged to the extent of more than 50 percent of its total replacement value shall not be repaired, rebuilt, or reconstructed except in conformance with the standards of this Section. 9.100.040 Landscaping. A. Landscape Plans. A landscape and irrigation plan shall be prepared and implemented for all development projects. Landscaping shall consist primarily of trees, shrubs, vines, groundcover, inert materials, or any combination thereof. B. Landscaping Standards. Landscaping shall be installed and maintained in accordance with the following standards: 1. In addition to the perimeter landscape setbacks required per Section 9.90.040, interior landscaping shall be provided as follows: a. Landscaping equal to 15 percent of the net project area shall be provided within parking areas. Parking area landscaping shall be in accordance with the requirements of Section 9.150.080 (Parking Facility Design Standards). b. Landscaping equal to five percent of the net project area to be provided within nonparking areas, such as next to buildings. c. Perimeter landscape setbacks shall not be credited toward the interior landscaping requirement. 2. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. 3. Permanent automatic irrigation facilities shall be provided for all landscaped areas. 4. All landscaping shall be maintained in a neat, clean and healthy condition at all times, 100-3 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering. 5. Height of landscaping along all streets and boundaries shall comply with Section 9.100.030 (Fences and Walls). 6. The majority of the plant material used in landscaped areas shall be water efficient and drought tolerant. 9.100.050 Screening. A. Screening Required. Screening shall be provided for all nonresidential uses in accordance with this Section. The Planning Commission may also require screening beyond that required in this Section as a condition of approval for a development project if it determines that such measures are necessary to mitigate adverse visual impacts created by the project. B. Screening of Mechanical Equipment. Roof -mounted mechanical equipment such as air conditioning, ventilating units, ducting, roof access structures, etc. shall be screened as follows: 1. Screening shall be provided so that the highest point of the equipment is below the surrounding parapet wall or other screening enclosure such that the equipment is not visible from a horizontal line of sight. 2. If the building roof is visible from surrounding higher buildings, roof equipment shall be screened from such buildings via metal latticework, metal louvers, or similar features unless determined unnecessary by the decision -making authority. 3. Screening enclosures shall be an integral part of the roof design and not appear as an "add -on". 4. Solar heating equipment shall be installed or screened so that the underside of the equipment is not visible from surrounding properties. 5. Wall mounted exterior roof access ladders are prohibited if visible from off site or from pedestrian plazas, courtyards, or walkways. C. Screening of Facilities. Storage, trash, and loading area facilities shall be screened as follows: Storage Areas. All storage, including cartons, containers, materials, or equipment shall be screened from public view as required by Section 9.100.120 (Outdoor Storage and Display). 2. Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with Section 9.100.200. Gates shall not open toward a public 100-4 9.100: SUPPLEMENTAL NONRESIDENTUL REGULATIONS street. Landscaping or decorative overhead structures such as trellises shall be integrated into the enclosure design if it is visible from higher terrain or buildings. 3. Loading Areas. Loading platforms and berths shall be screened from adjacent streets and from residential, open space and recreation areas. D. Screening of Property. Screening of property shall be installed in accordance with the following standards: Height Standards. All screening shall comply with the height standards of Section 9.100.030 (Fences and Walls). 2. Abutting Residential and Open Space Areas. Screening shall be installed along all building site boundaries where the premises abut areas zoned or designated for residential or open space uses. Required screening shall be at least six feet in height except where prohibited by Section 9.100.030 (Fences and Walls). 3. Parking Along Public Streets. Screening shall be installed to shield views of parking areas from public streets in accordance with Section 9.150.080. (Parking Facility Design Standards). 4. Allowance for Grade Differential. In order to take into account the effect of grade differentials on visibility, the City decision -making authority may require increased or decreased screening than that set forth in this Section if the finished elevation within five feet of the site boundary is different from that of the building site. 5. Wall Articulation. To avoid visual monotony, long straight stretches of wall or fence shall be avoided. Walls and fences shall be varied by the use of such design features as offsets (i.e. jogs), open panels (e.g. containing wrought iron), periodic variations in materials, texture, or colors, and similar measures. 6. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the decision - making authority. Plant spacing shall be appropriate to the growth habits of the selected plant species and shall be designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface. Where the decision -making authority determines that screening is not required, walls may incorporate tubular steel, wrought iron, or other open design. 7. Screening Materials. Screening shall consist of one or a combination of the following types: a. Walls. A wall shall consist of concrete, stone, brick, file or similar type of solid masonry material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and 100-5 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS colors consistent with project buildings. b. Solid Fences. Solid fences may used for screening if approved by the decision -making authority. Such fences shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. c. Berms. Landscaped berms (earthen mounds) shall not be more than 20 feet in width at the base. d. Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within 18 months after initial installation. Permanent automatic irrigation shall be provided. If, 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Community Development Director may require that a wall, solid fence, or berms be installed. 8. Signs. No signs or sign supports except those specified in the offstreet parking regulations shall be permitted on any required screening. 9.100.060 Detached Accessory Structures. A. Permitted Accessory Structures. Detached accessory structures are permitted on nonresidential parcels containing a primary use subject to the following requirements: 1. Foundation. Accessory structures shall be placed on a permanent foundation. 2. Height and Placement. Except as specified in Subsection A.2. of this Section, detached accessory structures may be placed or constructed only where main buildings are permitted and shall not exceed 12 feet in height. 3. Setback Reductions. The perimeter setback from abutting commercial, office or industrial property for a detached accessory structure may be reduced to five feet if the structure is screened from both street and public parking area views, subject to the following requirements: a. Height. The height limit for buildings which are less than ten feet from the property line shall be ten feet. b. Screening. Screening materials shall be not less than six feet high and shall be in 100-6 9.100: SUPPLEMENTAL NONRESIDENTUL REGULATIONS compliance with Section 9.100.030 (Fences and Walls). Screening may consist of one or more of the following: (1) Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick. (2) Solid fences. A solid fence shall be constructed of wood or other materials to form an opaque screen. (3) Planting.Plant materials, when used as a screen, shall consist of compact evergreen plants provided with a permanent automatic irrigation system. They shall be of a kind, or used in such a manner, as to provide screening having a minimum thickness of two feet within 18 months after initial planting. Plant materials shall be maintained in a neat, clean and healthy condition at all times. B. Prohibited Locations. Detached accessory structures are prohibited in the following locations: 1. Where fences and walls are limited to a maximum height of 3'/Z feet as specified in Section 9.100.030 (Fences and Walls). 2. Within the front 50 feet or front half of any building site, whichever is less. 3. Within the panhandle portion of a panhandle building site. 9.100.070 Satellite Dish and Other Antennas. A. Permits Required. The following antennas are allowed in nonresidential districts: 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) and this Section. 2. Permitted Accessory Antennas. 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 setback requirements for a main building and 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. Development Standards. Antennas within nonresidential districts may be ground -mounted or building -mounted provided the following requirements are met: 100-7 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS 1 Any antenna which is the principal use on a lot shall comply with the district setback standards for main buildings. 2. A ground -mounted antenna which is an accessory use shall be located within the rear yard 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. 3. Antennas, including roof -mounted antennas, shall not exceed the building height standards for the district in which they are located. 4. All accessory antennas shall be screened from both horizontal and vertical line of sight. Decorative overhead structures such as trellises may be required if the antenna is visible from surrounding higher buildings or terrain. 5. Antennas shall be a single color that blends with the immediate surroundings. 9.100.080 Christmas Tree Sales. Temporary Christmas tree sales facilities are permitted subject to approval of a temporary use permit and the following requirements: 1. The facility shall not be established prior to the Monday following Thanksgiving in any calendar year. 2. Such a facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations. 3. The applicant shall secure an electrical permit. 4. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the January 8 following the applicable Christmas holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. 5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire Marshal. 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, are prohibited. 100-8 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS 9.100.090 Halloween Pumpkin Sales. Temporary Halloween pumpkin sales facilities are permitted subject to approval of a temporary use permit and the following requirements: 1. The facility shall not be established prior to October 1 of any calendar year. 2. Such a facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations. 3. The applicant shall secure an electrical permit. 4. The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the November 14 following the applicable Halloween holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. 5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire Marshal. 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, are prohibited. 9.100.100 Produce and Flower Stands. Temporary fresh produce and flower stands are permitted subject to approval of a temporary use permit and the following requirements: 1. A fresh produce sales facility shall be open for business only during the season when locally grown produce and flowers are harvested and available for sale. The temporary use permit for a fresh produce stand shall include permitted dates of operation, up to a maximum of 90 days. 2. Such a facility may not sell items not directly associated with fresh produce or flowers. 3. The applicant shall secure an electrical permit if electric power is to be provided. 4. The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility by the date indicated on the temporary use pernut. A cash bond or other guarantee shall be posted prior to establishment of the facility to 100-9 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS ensure cleanup. 5. Each facility shall comply with fire prevention standards as approved and enforced by the Fire Marshal. 6. Off-street parking and vehicular access shall be provided to the satisfaction of the Director. 7. Signs shall be restricted to one banner sign per street frontage, each sign not exceeding 32 square feet. Other signs and advertising devices such as pennants, flags, A -frame signs, and light strings are prohibited. 9.100.110 Outdoor Vendors. 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 sidewalk or pedestrianway. B. Minor Use Permit. An outdoor vendor use may be established as an accessory use in any nonresidential district upon approval of a minor use permit pursuant to Section 9.210.020. All such uses shall comply with the following standards: An outdoor vending use may only be established as accessory to the principal use on the parcel. 2. The location of the outdoor vending use shall not interfere with access to adjacent buildings or with pedestrian circulation. No portion of the vending use shall be located in a parking lot, street, or other area intended for vehicular parking, access or circulation. 3. The outdoor vending site shall not exceed 150 square feet. The vending site includes all areas separated from pedestrian access and used for vending activities, including storage. 4. The outdoor vending use shall not be located on public sidewalk or within a public street right- of-way. 5. The operator/owner shall obtain other necessary licenses and permits required for such activities by City ordinances. 9.100.120 Outdoor Storage and Display. A. Purpose. This Section provides regulations for the outdoor storage and display of merchandise, materials and equipment. 100-10 A 9.100: SUPPLEMENTAL NONRESIDENTL4L REGULATIONS B. Where Permitted. The storage and/or display of any merchandise, materials or equipment outside of an enclosed building is prohibited except where permitted in accordance with this Section, Section 9.80.040 pertaining to permitted uses, Section 9.100.130 pertaining to sidewalk sales and special events, or where permitted by a conditional use permit. C. Equipment, Lumber and Storage Yards. Any uncovered equipment and/or materials storage area, including vehicle storage, shall comply with the following regulations: 1. Use Permit. The establishment of any outdoor equipment or materials storage use shall require approval of a conditional use permit pursuant to Section 9.210.020. 2. Location. An equipment, material or storage yard use shall only be located where a main building is permitted by the applicable district regulations. 3. Screening. Outdoor storage yards shall be screened whenever they abut the boundary of the building site or are located between a building and an abutting street. The screening materials shall be not less than five feet high and shall be in compliance with Section 9.100.030 (Fences and Walls). Screening may consist of one or a combination of the following types: a. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. b. Solid Fences. Solid fences may be used for screening if approved by the decision -making authority. Such fences shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. c. Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within 18 months after initial installation. Permanent automatic irrigation shall be provided. If, 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the Community Development Director may require that a wall, solid fence, or berms be installed. D. Outdoor Display and Sales. Outdoor sales and display areas in conjunction with retail uses such as nursery and garden supply stores or departments within retail stores shall comply with the following standards: 1. Fencing. The outdoor sales and display area shall be enclosed by a wall or fence at least four 100-11 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS feet high which obscures views from streets or public parking areas into the area. The color and materials used to fence the area shall be complementary to the color and materials used in buildings on -site. Chain link fencing is not permitted. 2. Building Design. When the outdoor sales area is an extension of retail uses within an adjacent building, it shall be enclosed by a wall which is, by exterior appearance, an extension of the adjacent building. The design of the building and outdoor area shall appear as a single structure. E. Vehicle Sales. The outdoor display and sales of vehicles shall be subject to the approval of a conditional use permit in accordance with Section 9.210.020. The use permit shall establish standards for each such facility. Such standards shall include at a minimum: 1. Landscaping. Perimeter landscaping conforming to that required for the applicable zoning district per Chapter 9.90. 2. Lighting. Outdoor lighting conforming to the standards of Section 9.100.150. 3. Vehicle Display. Precise delineation of the location and limits of outdoor vehicle display and storage areas, plus prohibition of focal display areas elevated more than one foot above the average finish grade of the overall outdoor display area. 9.100.130 Sidewalk Sales and Commercial Events. A. Purpose. This Section provides regulations for: (1) the temporary outdoor sale of merchandise by retail businesses, and (2) special outdoor commercial events within shopping centers. B. Definitions. For purposes of this Section, the following definitions shall apply: 1. A sidewalk or parking lot sale means the temporary outdoor display and sale by a retail business, of merchandise which is normally displayed indoors at the same location as the outdoor sale. 2. A special commercial event means the temporary outdoor display and sale of merchandise, arts and crafts shows, entertainment, or similar events within a commercial center. C. Temporary Use Permit Required Sidewalk sales and special events in commercial centers are permitted subject to issuance of a temporary use permit and compliance with the following provisions: 1. The application for a temporary use permit for a sidewalk sale or a special commercial event shall include a site plan indicating the location of the temporary uses and demonstrating maintenance of adequate parking, site circulation and emergency access. 100-12 T 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS 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 three calendar months at any location. Each such event shall require the approval of a temporary use permit. 3. Adequate pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway. 4. Adequate vehicle access shall be maintained around merchandise, displays, or temporary structures placed in parking areas. 5. A cash bond or other guarantee shall be posted for removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event. 6. The application shall be reviewed by the Fire Marshal and the event shall comply with fire prevention standards and emergency access requirements as approved and enforced by the Fire Marshal. 7. Temporary signs may be permitted subject to the provisions of Section 9.160.060(Permitted Temporary Signs). 9.100.140 Temporary Outdoor Events. Temporary outdoor events include, but are not limited to pageants, fairs, carnivals, large athletic, religious or entertainment events, and large neighborhood or community gatherings in temporary facilities. Such activities may be permitted in compliance with the following provisions: 1. A temporary use permit shall be approved by the Community Development Director for gather- ings of 50 to 300 people. The temporary use permit shall be approved by the Planning Commission as a business item for gatherings of 300 people or more. (Number of persons shall include spectators and participants.) 2. Applications for permits or certificates required by this Section shall be referred by the Community Development Director to other affected City departments or other public agencies for review and comment. 3. The following findings shall be made by the decision -making authority in conjunction with approval of a temporary use permit: a. The event will not be detrimental to the health, safety and general welfare of the community in the area of the proposed event. b. There is adequate area to conduct the event and to accommodate the anticipated attendance. 100-13 9.100. SUPPLEMENTAL NONRESIDENTL9L REGULATIONS c. Sufficient parking will be provided for the anticipated attendance. d. Food service operations, medical facilities, solid waste facilities, sewage disposal methods and potable water service have been provided. (Approval by the health officer may be required.) e. Fire protection plans and facilities have been provided to the satisfaction of the Fire Marshal. f. Security plans and facilities have been provided to the satisfaction of the Sheriff. g. Public roadways providing access to the event are capable of accommodating the anticipated traffic volumes in a reasonable and safe manner with minimal disruption to local traffic circulation. 4. Activities conducted on property owned by or leased to the city and public road rights -of -way may require an encroachment permit issued by the Public Works Director. 5. The event shall not exceed ten consecutive days. Events recurring more than four times in a calendar year are not considered temporary and shall not be eligible for approval under this Section. 6. A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site to its condition before the event within seven days of the events conclusion shall be required. 7. Other applicable permits such as building, electrical, health and tent permits, shall be obtained by the applicant. S. Signs for the event shall be allowed as follows: a. Maximum of one temporary banner per street frontage, not to exceed 32 sq.ft. b. Maximum one temporary portable sign on- or off -site on private property, not to exceed 55 sq.ft. c. Maximum 30 off -site temporary signs, subject to the provisions of Section 9.160.060, Paragraphs C through H. d. Maximum 15 bunting signs, with maximum size to be approved by the Director of Community Development. 100-14 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS e. Posting period, locations, and related details shall be as approved in the temporary use permit for the event. f. Other signs and advertising devices, such as pennants, flags, A -frame signs, and light strings are prohibited. 9.100.150 Outdoor Lighting. A. Purpose. This Section is intended to provide standards for outdoor lighting which allow adequate energy efficient lighting for public safety while minimizing adverse effects of lighting, such as lighting which: 1. Has a detrimental effect on astronomical observations; and/or 2. Inefficiently utilizes scarce electrical energy; and/or 3. Creates a public nuisance or safety hazard. B. Applicability. All outdoor artificial illuminating devices shall be installed and operated in conformance with the provisions of this Section, plus any Uniform Building Codes presently or subsequently administered or adopted by the City. Any language contained therein which may conflict with this Section shall be construed as consistent with this Section. C. Parking Lot Lighting. Parking lot lighting shall conform to this Section and to Section 9.150.080 (Parking Facility Design standards). D. Alternate Materials and Methods of Installation. The provisions of this Section are not intended to prevent the use of any material or method of installation not specifically prescribed by this Section provided any such alternate has been approved. The building official may approve any such alternate provided that findings can be made that the proposed design, material or method: 1. Provides approximate equivalence to those specific requirements of this Section; or 2. Is otherwise satisfactory and complies with the intent of this Section. E. Definitions. For the purposes of this Section, certain terms are defined as follows: 1. Individual means any private individual, tenant; lessee, owner, or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations. 2. Installed means the initial installation of outdoor light fixtures defined in this Section following the effective date of this Zoning Code. 3. Outdoor light fixtures means outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices 100-15 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS shall include, but are not limited to, search, spot, or flood lights for: a. Buildings and structures; b. Recreational areas; c. Parking lot lighting; d. Landscape lighting; e. Billboards and other signs (advertising or other); f. Street lighting; g. General area and yard lighting. F. General Requirements. 1. Shielding. All exterior illuminating devices, except those exempt from this Section and those regulated by Subsection G of this Section shall be fully or partially shielded as required in the table contained in this Subsection. a. "Fully shielded" means the fixture shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted, thus preventing the emission of light above the horizontal. b. "Partially shielded" means the fixture shall be shielded in such a manner that the bottom edge of the shield is below the plane center line of the light source (lamp), minimizing the emission of light rays above the horizontal. 2. Filtration. Those outdoor light fixtures requiring a filter per the table following shall be equipped with a filter consisting of a glass, acrylic or translucent enclosure. Quartz glass does not meet this requirement. 3. Requirements for Shielding and Filtering. The requirements for shielding and filtering light emissions from outdoor light fixtures shall be as set forth in the following table: TABLE 9-7 REQUIREMENTS FMSHIELDING AND FILTERING OF OUTDOOR LIGHTING see also footnotes following table FIXTURE LAMP TYPE SHIELDING REQUIREMENT FILTERING REQUIREMENT' Low Pressure Sodium' Partially None Hi h Pressure Sodium Full None Metal Halide' Fully Yes 100-16 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS Fluorescent Fully' Yes' Quartz" Fully None Incandescent, greater than 160 Fully None watts Incandescent, 160 watts or less None None Mercury Vapor Fully7 Yes' Fossil Fuel None None Glass tubes filled with neon, None None argon, or krypton Other Sources As required by the Building Official Footnotes: ' Most glass, acrylic, or translucent enclosures satisfy these filter requirements. Quartz glass does not meet this requirement. Z This is the preferred light source to minimize undesirable light into the night sky affecting astronomic observations. 3 Metal halide display lighting shall not be used for security lighting after eleven p.m. (or after closing hours if before eleven p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaries. ` Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated frorr within do not require shielding. s Warm white and natural lamps are preferred to minimize detrimental effects. e For the purposes of this Section, quartz lamps shall not be considered an incandescent light source. Recommended for existing mercury vapor fixtures. The installation of new mercury fixtures is prohibited. G. Prohibited Lighting. 1. Searchlights. The operation of searchlights for advertising purposes is prohibited. 2. Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing, or other purpose is prohibited except with incandescent fixtures less than 160 watts, fossil fuels, and/or glass tubes (see table in Subsection F of this Section) 3. New Mercury Vapor Installations. The installation of mercury vapor fixtures is prohibited. All existing mercury vapor lights installed shall be fully shielded. H. Procedures for Compliance. 1. Applications. 100-17 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS a. Any individual intending to install outdoor lighting fixtures (other than incandescent of 160 watts or less) shall submit an application to the Building and Safety Department providing evidence that the proposed work will comply with this Section. b. Any individual applying for a building permit and intending to install outdoor lighting fixtures (other than incandescent of 160 watts or less) shall as a part of the application submit such evidence as may be requested that the proposed work will comply with this Section. c. Utility companies, lighting or improvement districts entering into a duly approved contract with the City in which they agree to comply with the provisions of this Section shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting. 2. Contents of Application. The application shall contain, but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in the City regulations for the required permit: a. Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, height, supports, and other devices. b. Description of the illuminating devices, fixtures, lamps, supports, shielding, filtering and other devices. This description may include but is not limited to, wattage, lighting output, manufacturer's catalog cuts, and drawings (including sections where required). c. The above required plans and descriptions shall be sufficiently complete to enable the building official to readily determine whether compliance with the requirements of this Section will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab. 3. Issuance of a Permit. Upon the determination that the installation will be in compliance with the requirements of this Section, the Building Official shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application. 4. Appeals. Appeal procedures of the zoning regulations for decisions of the Building Official shall apply. 5. Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the Building Official for approval, with adequate information to assure compliance with this Section. 100-1 S 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS I. Exemptions. Nonconforming Fixtures. All outdoor light fixtures existing and fully and legally installed, prior to the effective date of Ordinance 148 (the original ordinance adopting these outdoor lighting regulations) may remain in use as nonconforming structures indefinitely provided, however, that no change in use, replacement, structural alteration, and (after abandonment) no restorations of outdoor light fixtures other than bulb replacement shall be made unless it thereafter conforms to the provisions of these regulations. 2. Fossil Fuel Light. Light fixtures using fossil fuel (i.e. Light produced directly or indirectly by the combustion of natural gas or other utility type fossil fuels) are exempt from the requirements of this Section. 3. Government Facilities. Those facilities and lands owned and operated or protected by the federal government, the state of California, the County of Riverside, or the City of La Quinta are exempted by law from all requirements of this Section. Voluntary compliance with the intent of this Section at those facilities is encouraged. 4. Recreational Facilities. The illumination of outdoor recreational facilities, public and private, is exempt from the requirements of this Section with the following limitations: a. The light fixtures for outdoor recreational facilities shall meet the shielding requirements in the table in Subsection F of this Section. b. No such outdoor recreational facility shall be illuminated by nonconforming means after 10 p.m. except to conclude a specific recreational or sporting event or any other activity conducted at a ballpark, outdoor amphitheater, arena, or similar facility in progress prior to 10 P.M. J. Temporary Exemptions. Request for Temporary Exemptions. Any individual may submit application for a minor use permit, on a form prepared by the Community Development Department, to the Building Official for a temporary exemption to the requirements of this Section. Such exemptions shall be valid for thirty days. The request for temporary exemption shall contain, at a minimum, the following information: a. Specific exemptions and justification for exemptions requested; b. Type, use, and hours of operation of exterior light involved; c. Duration of time for requested exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamp or lamps; f. Proposed location and heights of exterior light; 100-19 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS g. Physical size of exterior lights and type of shielding and/or filtering provided; h. Previous temporary exemptions, if any. 2. Special Exemption. The Community Development Director may grant a special exemption to the requirements of the table in Subsection F of this Section only by approval of minor use permit which includes a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that will otherwise suffice. The request for a special exemption shall contain, at a minimum, the information specified in items a through g of Paragraph J-1 of this Section. 3. Additional Information. In addition to the information required in Paragraph J-1 of this Section, the Building Official may request any additional information which would enable the Building Official to make a reasonable evaluation of the request for temporary exemption. 4. Appeal for Temporary Exemption. The Building Official, within five days from the date of the properly completed request for temporary exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right to appeal to the Planning Commission for review pursuant to the procedures applicable to any other appeal of a decision of the Building Official. 5. Extension of Temporary Exemption. Any individual requesting a temporary exemption for a period greater than thirty days, or an extension beyond the original thirty day period for a temporary exemption shall apply for a minor use pennit to the Planning Commission and City Council. The conditional use permit application shall contain (in addition to other use permit requirements) the information specified in Subsections F.1. through F.3. of this Section. K. Public Nuisance. Any light fixture installed after the effective date of this Zoning Code which violates the provisions of this Section constitutes a public nuisance and shall be abated. L. Premises Identification. Street numbers or addresses assigned by the City or the County shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. 2. All dwelling units shall have a wall mounted internally or externally illuminated address sign displayed in a prominent location. The illumination source for the address sign shall be controlled by a photocell sensor or a timer. As an option, the address sign may be attached to a single -residence mail box pedestal with the same illumination source as stated above. If this option is chosen, both sides of the mailbox shall have said address numbers displayed. 100-20 9100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS 9.100.160 Caretaker Residences. Caretaker residences may be developed in any nonresidential district for the exclusive use of personnel employed for the maintenance and security of the principal use subject to the approval of a minor use permit per to Section 9.210.020 and the following standards: 1. The caretaker residence shall be located in a building which complies with all building setbacks established for the district in which it is located. 2. The residence shall be no more than 600 square feet in floor area. 3. The residence may be a portion of a building primarily devoted to nonresidential uses or may be a separate building. If it is a separate building, the location, design and materials of the residence shall be consistent and integral with the site plan and building design for the principal use. 4. Two off-street parking spaces shall be provided in addition to the parking required for the principal use(s). 9.100.170 Construction and Guard Offices. The temporary placement of a trailer 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: 1. Placement. The office shall not be moved onto the site nor otherwise established until issuance of a precise grading permit or, if there is no grading permit, until issuance of the building permit. 2. Removal. Any trailer or temporary building shall be removed from the site prior to the issuance of certificates of occupancy for the last new building on the site. The site of the temporary building shall then be restored to its original condition, paved or surfaced for dust control, landscaped, or otherwise improved in accordance with the approved project plans or temporary use permit. 3. Conversion. Any permanent structure or portion of a permanent structure devoted to temporary uses shall be converted to a permitted use prior to the issuance of certificates of occupancy for the final buildings to be constructed. 4. Use of Existing Building During Construction. The use of an existing lawfully established building may continue during construction or relocation of another building on the same building site upon approval of a temporary use permit and compliance with the following 100-21 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS provisions: a. Prior to occupancy of a new building, the existing building shall be brought into conformity with any additional regulation rendered applicable by the placement of a new building on the site. Conformity shall be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof. b. The Director shall require the landowner to provide a guarantee, which may include a bond, to ensure full compliance with the zoning regulations upon completion of the new building or sooner if, in the Director's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued. 5. Utilities. The office shall be supplied with an electric meter and sewer and water facilities. 9.100.180 Relocatable Buildings. A relocatable building or trailer may be permitted to serve as any use permitted in the applicable zoning district subject to the approval of a temporary use permit application and the following additional provisions: 1. The temporary use permit application shall include the following: a. A description of the proposed uses and operating characteristics for all uses on the site, both temporary and permanent. b. A plot plan showing the location of all uses and structures, both temporary and permanent. c. Supplementary exhibits, as required by the Director to adequately review the proposal, such as building elevations, landscaping, grading, access, and utility service. 2. A temporary use permit for a relocatable building or trailer may be conditionally approved and failure to comply with the required conditions shall be grounds for the revocation of the permit. 3. A cash bond to insure removal of the building and restoration of the site for each relocatable building or trailer shall be posted with the Director to guarantee removal of each coach from the site upon expiration of the temporary use permit. 4. A temporary use permit for a relocatable building shall be approved for a maximum of two years from date of approval. 9.100.190 Recycling Collection Facilities. A. Drop-off Bins and Reverse Vending Machines. Drop-off bins and reverse vending machines 100-22 9.100. SUPPLEMENTAL NONRESIDENTL4L REGULATIONS for the collection of non -hazardous household materials (e.g., cans, bottles, paper, etc.) for recycling purposes may be established as an accessory use to an existing primary use in any nonresidential district. If located outside of a building, a minor use permit approved pursuant to Section 9.210.020 shall be required for drop-off bins in the CR, CC, and CN districts. All such outdoor facilities shall comply with the following standards: 1. Drop -Off Bins. Drop-off bins shall be established only in conjunction with an existing nonresidential use which is in compliance with zoning, building, and fire codes. a. The drop-off facility shall be no larger than 500 square feet, not including space that is periodically used to remove materials or replace containers. It shall comply with the building setbacks for the district and shall not occupy parking spaces required by the primary use. b. The facility shall be screened from view from public streets and primary parking areas. c. The facility shall not obstruct pedestrian, vehicular, and emergency access. d. The bins shall be constructed and maintained with durable waterproof and rustproof materials, covered and secured from unauthorized entry or removal of materials when the facility is closed, and shall be large enough to accommodate the materials collected and the collection schedule. Any deposit or storage of materials outside of the containers is prohibited. e. The facility shall be maintained free of odor, litter and other nuisances, on a daily basis. A trash receptacle shall be located adjacent to the drop-off facility for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the drop-off facility regularly. f. Facilities within 100 feet of a property zoned or occupied by residential uses shall operate only between the hours of 9:00 am and 7:00 pm. g. Containers shall be clearly marked to identify the type of materials which may be deposited. The facility shall be clearly identified with the name and telephone number of the operator and hours of operation, and shall display a notice that no material shall be left outside the recycling enclosure or containers. Total signage shall not exceed 16 square feet and shall not be illuminated. 2. Reverse Vending Machines. Reverse vending machines shall only be established in conjunction with an existing nonresidential use which is in compliance with the zoning, building, and fire codes. a. Machines shall be located adjacent to the main building on the site and within 30 feet of the 100-23 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS entrance to the primary use and shall not obstruct pedestrian or vehicular circulation. b. Machines shall not occupy any parking spaces required by the primary use. c. Machines shall occupy no more than 50 square feet of floor or ground space per installation, including any protective enclosure, and shall be no more than eight feet in height. d. Machines shall be clearly signed to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call, if the machine is inoperative. Sign area shall be limited to four square feet per machine and shall be located on the machine. e. The installation shall be maintained free of litter and odor at all times. A trash receptacle shall be located adjacent to the machine(s) for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the recycling facility regularly. B. Recycling Collection Centers. Recycling collection centers may be permitted in the CP and MC districts with approval of a conditional use permit pursuant to Section 9.210.020. Such facilities may accommodate non -hazardous recyclable materials collection and packaging for bulk transport only. Any activity involving hazardous materials or waste shall be subject to the provisions of Section 9.100.230 (Hazardous Waste and Materials). No reprocessing or recycling of materials into new products shall be permitted. All such facilities shall comply with the following standards: 1. The collection center shall be screened from public view by operating within an enclosed building or within a screened outdoor yard on a site which complies with the landscaping and screening standards of Sections 9.100.040 and 9.100.050. 2. The facility shall comply with the setback requirements of the applicable zoning district pursuant to Section 9.50.030. 3. All exterior storage of materials shall be in sturdy containers and the facility shall be secured from unauthorized entry or removal of materials when the facility is closed. Any containers provided for after-hours drop-off shall comply with the standards for drop-off facilities set forth in Subsection A-1 of this Section. 4. The facility shall be maintained free of odor, litter and other nuisances at all times. 5. If the facility accommodates public drop-off of materials, separate access routes and parking/unloading areas shall be provided for public drop-off and for commercial truck traffic. 100-24 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS 9.100.200 Trash and Recyclable Materials Storage. A. Purpose. This Section is intended to implement the provisions of state Public Resources Code Section 42900 et seq which requires local jurisdictions to provide regulations governing adequate areas for collection and loading of recyclable materials in multiple family residential and nonresidential development projects. This Section also addresses the related subject of common trash areas in such projects. B. Recycling Containers Required. In addition to standard trash receptacles, recyclable materials receptacles of sufficient volume to meet the needs of the project shall be provided by the following developments: Any new multiple family residential with five or more units and a common solid waste collection area; 2. Any new single family residential area with a common solid waste collection area serving five or more units; 3. Any new nonresidential project; and, 4. Any existing multiple family project of five or more units, or nonresidential project which expands by 30 percent or more in floor area. C. Recycling Plan Required. Each nonresidential development which is required to provide recycling containers under the provisions of this Section shall submit a recycling plan to be processed in conjunction with the site development permit. The recycling plan shall include a description of the anticipated materials and volumes to be recycled and a description of the facilities to be provided for collecting general refuse and recyclable materials. D. Trash Enclosure Required. Nonresidential developments and attached and multi -family residential projects with common trash areas shall locate trash and recyclable materials containers within an enclosed area. Enclosures for trash and recycling containers shall comply with the following standards: 1. Enclosure Placement. Separate enclosures shall be provided for trash and recyclable materials in nonresidential districts. The enclosures shall be: a. Located within 250 feet of all businesses served by the enclosure. b. Directly available to collection vehicles via alleys or driveways to avoid the necessity of substantial hand carrying of containers or hand pushing of dumpsters; and, c. Located substantially away from public viewscape, pedestrian and vehicle circulation areas 100-25 9.100: SUPPLEMENTAL NONRESIDENTIAL REGULATIONS unless determined infeasible by the decision -making authority. 2. Enclosure Design. Enclosures shall be constructed on a concrete pad sloped to drain under the gate. Enclosures shall be of an adequate size to accommodate the containers they enclose per disposal company and City standards. Access to the containers for collection shall also meet disposal company requirements. Enclosure walls shall be at least six feet high and shall be made of strong, durable materials consistent with the colors and finishes of nearby buildings. Doors shall be self -latching, metal or metal -framed, and of heavy duty construction sufficient to withstand hard usage. Interior concrete or metal curbs shall be included to prevent damage to the enclosures walls from collisions with large, heavy containers. Decorative overhead structures such as trellises shall be integrated into the design if the enclosure is visible from higher terrain. E. Weather Protection. Each enclosure or individual container shall be designed and maintained so that deposited materials are contained during windy periods. Enclosures or containers designated for recyclable materials which could be damaged or be rendered unmarketable by rain or other environmental conditions shall provide adequate protection against such conditions. F. Maintenance. Each enclosure shall be maintained to preserve its appearance and function and to minimize litter, odor and other nuisances. Trash and recyclables shall be collected regularly. 9.100.210 Noise Control. A. Purpose. The noise control standards for nonresidential land use districts set forth in this Section are established to prevent excessive sound levels which are detrimental to the public health, welfare and safety or which are contrary to the public interest. B. Noise Standards. Exterior noise standards are set forth below. Residential property, schools, hospitals, and churches are considered noise sensitive land uses, regardless of the land use district in which they are located. All other uses shall comply with the "Other Nonresidential" standard. All noise measurements shall be taken using standard noise measuring instruments. Measurements shall be taken within the receiving property at locations determined by Director to be most appropriate to the individual situation. 100-26 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS EXTERIOR NOISE STANDARDS Receiving Land Use Noise Standard Time Period Noise Sensitive 60 dB(A) 7:00 a.m. - 10:00 p.m. 50 dB(A) 10:00 p.m. - 7:00 a.m. Other Nonresidential 75 dB(A) 7:00 a.m. - 10:00 p.m. 65 dB(A) 10:00 p.m. - 7:00 a.m. If the noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this Section shall be reduced by five dB(A). C. Noise Limits. It shall be unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured on any adjacent property, to exceed: 1. The noise standard for a cumulative period of more than 30 minutes in any hour; 2. The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour; 3. The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; 4. The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or 5. The noise standard plus 20 dB(A) for any period of time. 6. For purposes of this Section, the term cumulative period means the number of minutes that a noise occurs within any hour, whether such minutes are consecutive or not. D. Ambient Noise Level. If the ambient or background noise level exceeds any of the preceding noise categories, no increase above such ambient noise level shall be permitted. E. Exemptions. The following are exempt from the noise restrictions of this Section: 1. Emergency vehicles or other emergency operations. 2. City maintenance, construction, or similar activities. 100-27 9.100: SUPPLEMENTAL NONRE,SIDENTL4L REGULATIONS 3. Construction activities regulated by Section 6.08.050 of the La Quinta Municipal Code. F. Enforcement. The City Building Official shall have the responsibility and authority to enforce the provisions of this Section. 9.100.220 Operational Standards. All uses and developed properties within any nonresidential district shall comply with the following standards for development, operation and maintenance. 1. Equipment. All ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties. Such screening shall consist of perimeter walls or fencing (if permitted), screen walls, or dense landscaping. 2. Utilities. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. 3. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot. 4. Fire and Explosive Hazard. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and fire fighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Smoke detectors shall be installed in all new construction as required by City Code. 5. Radioactivity. In all nonresidential districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X-ray diagnostic equipment. 6. Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. 7. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. Buildings should be designed to minimize energy consumption. 8. Toxic Materials. No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials. 100-28 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS 9. Liquid or Solid Waste. No discharge of liquid or solid wastes, at any point into public sewer, private sewage system, stream, storm drain or into the ground shall be permitted, except in accordance with the standards approved by the state Department of Health and/or specified by the sewage utility provider. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, such as wind or rain. Any wastes which could be attractive to rodents or insects shall be stored outdoors only in closed containers. 9.100.230 Hazardous Waste and Materials. A. Purpose. This Section provides regulations to satisfy the requirements of state Health and Safety Code Section 25100 et seq and state Administrative Code Title 22 regarding the handling and disposal of hazardous waste and materials. B. Hazardous Materials. In addition to the requirements for each zoning district, the following requirements apply to the land uses listed in Subsection C of this Section: 1. Hazardous Waste Management. Prior to issuance of a certificate of occupancy for any land use listed in Paragraph C following, the applicant shall provide plans and identify measures to comply with applicable regulations in a manner approved by all health and sewering agencies. 2. Underground Storage Tanks. Prior to issuance of a certificate of occupancy for any land use which includes underground tanks to store any hazardous materials, the applicant shall provide plans or identify measures to comply with applicable regulations in a manner approved by the health agency. C. Applicability. The requirements of Subsection B of this Section pertaining to hazardous materials shall apply to the following land uses: 1. Automotive and vehicle maintenance, repair or painting. 2. Chemical and commercial cleaning product distribution or sales. 3. Cleaners, self-service laundries and vehicle washes. 4. Home improvement product, lumber and hardware sales. 5. Manufacturing. 6. Medical facilities. 7. Metal plating. 8. Mining and extraction. 9. Nurseries. 10. Oil and gas exploration and extraction. 11. Paint and finishing product sales. 12. Photo processing. 13. Recreation facilities such as golf courses, yacht clubs and amusement parks. 14. Recycling or resource recovery with potential for contact with hazardous materials. 100-29 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS 15. Research, laboratory and testing facilities. 16. Service stations. 17. Transportation service facilities. 18. Utilities. 19. Waste disposal and treatment operations. 20. Wrecking and salvage facilities. 21. Other generation of hazardous waste, including materials to be disposed of by sanitary sewer. D. Offsite Hazardous Waste Facilities. 1. Definition. For the purposes of this Section, the term offsite hazardous waste facility means any structures, other appurtenances, or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including but not limited to: a. Incineration facilities (i.e. rotary kiln, fluid bed, etc.); b. Residual repository (i.e. receiving only residuals from hazardous waste treatment facilities); c. Stabilization/solidification facilities; d. Chemical oxidation facilities; e. Neutralization/precipitation facilities; or f. Transfer/storage facilities. 2. Where Permitted. Offsite hazardous waste facilities may be established in the CP district if a conditional use permit is approved in accordance with Section 9.210.020. Such facilities shall be subject to the requirements of Subsection B of this Section. In addition, all such facilities shall comply with the siting standards and approval procedures established by the Riverside County Hazardous Waste Management Plan and shall be subject to the provisions of Section 25135 et seq of the state Health and Safety Code. E. Authority to Suspend Operations. Approval of any hazardous waste treatment, storage, disposal or. transfer facility as a use consistent with the purpose and intent of any zoning district shall be subject to the requirement that continuing authority be vested in the fire department or health care agency to suspend operations for public safety reasons. 9.100.240 Service Station Standards. A. Use Permit Required Gas and service stations may be permitted in the CR, CP, and CC districts subject to approval of a conditional use permit and the use and design standards of this Section. All uses to be placed on the service station site (e.g., mini -market, sale of alcoholic beverages, etc.) must be specifically included in the conditional use permit approval. B. Signs. Service station signage shall be in accordance with Chapter 9.160 (Signs). 100-30 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS C. Hazardous Materials. All service stations shall comply with the requirements of Section 9.100.230 pertaining to hazardous materials, underground storage tanks, product lines, dispensing equipment, etc. D. Standards for Service Stations without Repair Facilities. 1. Permitted Uses. Permitted uses include: sale of petroleum products, including fuel and oil, related automotive accessories, and similar retail uses; and, automobile services such as washing and detailing. The following uses are specifically prohibited: sale of tires and batteries and similar products for which necessary facilities for installation and disposal of used materials are not present; automobile or equipment repair, storage, or renting. All retail uses except petroleum dispensing shall occur within a building and all service uses shall occur in a specific location designated in the approved conditional use permit. 2. Storage and Display. All merchandise shall be stored and/or displayed within the service station building. 3. Screening. An opaque screen at least six feet in height shall be installed along all site boundaries which abut residentially zoned properties. Screening along all street boundaries shall be a _ minimum of 36 inches high, including any site elevation difference. Screening shall consists of a wall, including retaining walls, an earthen berm with landscaping or any combination thereof. All screening shall comply with the height standards in Section 9.100.030 (Walls and Fences). E. Standards for Service Stations with Repair Facilities. Additional Uses Permitted. Permitted uses include those for service stations without repair facilities plus minor vehicle service and repair (e.g., tuneup, lubrication, battery and tire sales and service). The following uses are specifically prohibited: major engine repair and rebuilding, transmission repair, autobody repair or painting, automobile or equipment storage or renting. All retail and repair uses except petroleum dispensing shall occur within a building and all non - repair service uses shall occur in a specific location designated in the approved use permit. 2. Storage and Display. All merchandise shall be stored and displayed within the service station building. 3. Reverse Mode Required All service stations which include service bays shall be designed in the "reverse" or "backup" mode, i.e. service bay openings oriented away from streets. 4. Screening. Screening requirements shall be the same as for service stations without service bays. F. Removal of Abandoned Stations. Any service station which is closed for more than twelve consecutive months shall be deemed abandoned and shall be removed from the site at the expense of 100-31 9.100. SUPPLEMENTAL NONRESIDENTIAL REGULATIONS the property owner including the removal of buildings and structures and all underground storage tanks and any necessary site remediation due to tank leakage or other aspects of the service station use. 9.100.250 Child Day Care Centers. Child day care centers or preschools in nonresidential districts shall conform to the following requirements regardless of the number of children served by the facility: 1. A conditional use permit shall be required to establish a child day 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 operated in accordance with state and local health, safety, and other regulations. 3. Outdoor activities shall be limited to the hours between 8:30 a.m. and 7:00 p.m. 4. All facilities shall provide an onsite pickup/dropoff area In addition, there shall be an onsite vehicle turnaround or alternatively, separate vehicle entrance and exit points. 5. All parking, signs, and outdoor lighting shall comply with the applicable regulations set forth in Chapter 9.150, Chapter 9.160 and Section 9.100.150, respectively. 6. All facilities shall comply with the development standards of the district in which they are located, as set forth in Section 9.90.040. 9.100.260 Senior Group Housing. Senior citizen group housing projects in nonresidential districts shall conform to the following requirements: 1. Residential occupancy shall be limited to single persons 55 years of age or over or couples with at least one partner 55 years of age or over. 2. The project may provide, for the exclusive use of the residents, central cooking facilities, common dining room(s), central laundry facilities, a beauty shop, a barber shop, and a pharmacy not exceeding 1000 square feet in floor area. 3. All facilities shall be operated in accordance with state and local health, safety, and other regulations. 4. All facilities shall be equipped with fire extinguishers, smoke detectors, and other fire safety 100-32 9.100. SUPPLEMENTAL NONRESIDENTUL REGULATIONS equipment as specified by the Fire Chief and/or state regulations. 5. All parking, signs, and outdoor lighting shall comply with the applicable regulations set forth in Chapter 9.150, Chapter 9.160 and Section 9.100.150, respectively. 6. All facilities shall comply with the development standards of the district in which they are located, as set forth in Section 9.90.040. 9.100.270 Single Room Occupancy (SRO) Hotels. Single room occupancy hotels (SRO's) shall conform to the following requirements: 1. Occupancy shall be limited to maximum two persons per unit. Minimum unit sizes (not including toilet compartment) shall be: for one person, 150 sq.ft.; and for two persons, 175 sq.ft. 2. Each SRO unit shall be provided with the following minimum amenities: a. Kitchen sink with garbage disposal. b. A toilet and sink located in a separate room within the unit that is a minimum 20 square feet. _ c. One closet per person. d. Telephone and cable TV hookups. 3. If full bathrooms are not provided in each unit, shared showers shall be provided on each floor at a ratio of one per seven occupants or fraction thereof on the same floor, with doors lockable from the inside. 4. If full kitchens are not provided in each unit, shared kitchen facilities shall be provided on each floor consisting of a range, sink with garbage disposal, and refrigerator. 5. If laundry facilities are not provided in each unit, common laundry facilities shall be provided, with one washer and one dryer for every 25 units for the first 100 units and one washer and one dryer for every 50 units over 100. 6. Elevators shall be required for SRO's of two or more stories. 7. A manual fire alarm system and a fully automatic fire suppression system, including a central monitoring system, alarm and fire annunciator, shall be designed and installed to the satisfaction of the Fire Chief. 9.100.280 Bus Stop Benches and Shelters. The erection, placement, construction and maintenance of bus benches and bus shelters shall be regulated in accordance with established City policies and procedures. 100-33 CHAPTER 9.110 SPECIAL PURPOSE DISTRICTS Sections: 9.110.010 Summary of District Regulations .................. 110-1 9.110.020 Types of Special Purpose Districts ................. 110-1 9.110.030 PR Parks and Recreation District .................. 110-2 9.110.040 GC Golf Course District ......................... 110-2 9.110.050 OS Open Space District .......................... 110-2 9.110.060 FP Floodpiain District ........................... 110-2 9.110.070 HC Hillside Conservation Overlay District .......... 110-3 9.110.080 SOB Sexually Oriented Business Overlay District .... 110-5 9.110.090 EOD Equestrian Overlay District .................. 110-5 9.110.010 Summary of District Regulations. A. Purpose. This Chapter contains the purpose and intent of each special purpose district together with a summary of the zoning regulations applicable to each. B. Permitted Uses. Chapter 9.120 specifies the land uses allowed in each nonresidential district. C. Development Standards. Development standards (such as setbacks and building heights) for special purpose districts are summarized in this Chapter 9.110 and in Chapter 9.130. D. Supplemental Regulations. 1. Special Purpose Supplemental Regulations. Chapter 9.140 contains supplemental regulations for each special purpose district, such as hillside conservation regulations, flood hazard reduction requirements, and restrictions on sexually oriented businesses. 2. General Supplemental Regulations. General supplemental regulations pertaining to special purpose districts shall be the same as those for nonresidential districts as set forth in Chapter 9.60. Parking shall conform to Chapter 9.150 and Signs to Chapter 9.160. 9.110.020 Types of Special Purpose Districts. A. Base Districts. The PP., GC, OS, and FP districts are base districts designed to provide for park and recreation, golf course, and open space land uses respectively. B. Overlay Districts. The HC, SOB, and EOD districts are overlay districts, i.e. districts to be used only in combination with a base district (such as the OS Open Space or CR Regional Commercial districts) in order to regulate certain special aspects of land use in the interests of public safety and protection of surrounding properties. In cases where there is a conflict between the regulations of an overlay district and its underlying base district, the overlay district regulations shall control. C. Overlay Zoning Designations. When an overlay district is used, the zoning designation shall consist of the base district symbol followed by the applicable overlay district symbol enclosed in parentheses. For example: CR (EOD). 110-1 9.110. SPECIAL PURPOSE DISTRICTS D. SOB Overlay District. The SOB Sexually Oriented Business overlay district shall be used only in combination with the CR Regional Commercial base district. 9.110.030 PR Parks and Recreation District. A. Purpose and Intent. To provide for the development and preservation of public and private parks and associated recreation facilities within open space areas. B. Development Standards. The following is a summary of development standards for the PR, district as set forth in Chapter 9.130. (Note: the GC and OS development standards are the same as those for the PR district.) Min. Building Site ....................................... n/a Max. Structure Height .................................... 28 ft. Max. No. of Stories ....................................... 2 Min. Building Setbacks: From all perimeter street R.O.W.'s ......................... 30 ft. From abutting residential projects ......................... 30 ft. From abutting cmrcl, office, industrial, and MC (Major Community Facilities distr.) projects ........... 20 ft. Min. Setback from interior property lines within the same project ... 0 9.110.040 GC Golf Course District. A. Purpose and Intent. To provide for the protection and preservation of golf course open space areas in the City. B. Development Standards. The same as the development standards for the PR district, preceding. 9.110.050 OS Open Space District. A. Purpose and Intent. To provide for the protection and preservation of sensitive environmental areas such as areas with significant cultural resources, threatened or endangered plant and wildlife species habitat, scenic resources, and significant topographical constraints. B. Development Standards. The same as the development standards for the PR district, preceding. 9.110.060 FP Floodplain District. A. Purpose and Intent. To protect life and property from flood flows and to establish criteria for land use consistent with state law and with the criteria promulgated by the Federal Emergency Management Agency. 110-2 9.110: SPECUL PURPOSE DISTRICTS B. Development Standards. Development standards shall be as required for needed flood control improvements and shall conform to the supplemental requirements for the FP district set forth in Section 9.140.030. C District Boundaries. The FP overlay district shall include all areas within the City that are designated as "Special Flood Hazard Areas Inundated by 100-Year Flood" on Flood Insurance Rate Maps (FIRM) provided by the Federal Emergency Management Agency (FEMA). These include the "A" and "AO" flood hazard zones. The boundaries of the FP District are as shown on the Official Zoning Map. 9.110.070 HC Hillside Conservation Overlay District. A. Purpose and Intent. 1. To define those hillside areas which are not developable from either a public safety or an engineering perspective and to prevent inappropriate development on them; 2. For those hillside areas which are developable, to ensure the safety of the public, and to ensure that the placement, density, and type of all hillside development within the city is suitable to the topography of the existing terrain, that proposed developments will provide for minimal disturbance of the existing terrain and natural habitat, and that the natural hillside characteristics will be retained wherever practicable; 3. To protect the public from hazards associated with hillside development, including seismic activity, landslides, flooding, inaccessibility from fire and emergency services, lack of water for fire control, wild fires, collapse of roads, and similar risks; 4. To protect and conserve hillside ecosystems (Santa Rosa Mountains National Scenic Area) through the retention of unique natural topographic features and hillside characteristics, including drainage patterns, streams, slopes, ridgelines, rock outcroppings, vistas, natural vegetation, and the habitats and migratory routes of animals; 5. To maximize the retention of the City's natural topographic features, including, but not limited to, mountainsides, mountain faces, skyline profiles, ridgelines, ridgecrests, hilltops, hillsides, slopes, arroyos, ravines, canyons, prominent vegetation, rock outcroppings, view corridors, and scenic vistas through the careful limitation and selection of building sites and building pads on said topographic features, thereby enhancing the beauty of the City's landscape; 6. To assure that developmental use of said topographic features will relate to the surrounding topography and will not be conspicuous and obtrusive because of the design and location of the developmental use; 110-3 9.110: SPECL4L PURPOSE DISTRICTS 7. To reduce the scarring effects of excessive grading for roads, building pads, and cut and fill slopes; 8. To balance public and private interests while preserving the hillsides. B. Development Standards. Section 9.140.040 specifies that: (1) the maximum residential density within the HC overlay district shall be one dwelling unit per every ten acres, and (2) other development standards shall follow those of the RVL Very Low Density Residential district. The following is a summary of those development standards, with added HC district height restrictions: Min. Lot Size ............................... 20,000 sq/ft Min. Lot Frontage ............................... 100 ft. Max. Structure Height ............................. 28 ft.* Max. No. of Stories ............................... 2 Min. Front Yard Setback ............................ 30 ft. Min. Interior/Exterior Side Yard Setbacks .............. 10/20 ft. Min. Rear Yard Setback ............................ 30 ft. Max. Lot Coverage ............................... 30% Min. Livable Floor Area Excluding Garage ............. 1400 sq/ft Min. Landscape Setbacks Adjacent to Perimeter Streets' ... 10' min. at any point, 20' min. average over entire frontage Min. Common Open Area' .......................... 40% * Building height may be limited below 28' if necessary for building to not be visible above the ridgeline profile when viewed from -the valley floor. Viewshed studies may be required to ensure that this standard is met. ' Does not apply to single family detached unless a specific plan is required. Landscaping and open area shall be per the standards of Sec. 9.60.240. Refer to Section 9.140.040 for additional details regarding development standards, minimum percentages of building sites which must be preserved in a natural state (determined by the average slope of the site), and other requirements of the HC district. C. District Boundaries. The HC Hillside Conservation overlay district applies to all land within the City designated in the General Plan as "Open Space" and shown on the Official Zoning Map as "HU' More specifically, the HC district applies to land meeting the criteria for being above "the toe of the slope," as defined in Section 9.140.040, within the following Sections of land (San Bernardino Base and Meridian) within the City: a. T5S, R7E: Sections 19, 30; b. T5S, R6E: Section 36, 25; 110-4 9.110: SPECUL PURPOSE DISTRICTS c. T6S, R6E: Sections 1, 12, 13, 24, 25; d. T6S, R7E: Sections 6, 7, 8, 17, 18, 19, 20, 28, 29, 30, 33; e. T7S, R7E: Sections 4, 5. 2. The provisions of this Section shall also apply to each and every parcel of land within the City (without otherwise being noted on exhibit or map which is added to the City by annexation, dedication, or other means) meeting the criteria for being above "the toe of the slope", as defined in Section 9.140.040. 9.110.080 SOB Sexually Oriented Business Overlay District. A. Purpose and Intent. To designate specific areas where sexually oriented businesses may locate if a conditional use permit is approved and to establish strict standards for the establishment and operation of such sexually oriented businesses in order to ensure that adverse effects caused by their operational characteristics do not contribute to the blighting or downgrading of surrounding areas. B. Development Standards. Development standards for the SOB overlay district shall be as provided in the underlying CR Regional Commercial base district regulations, subject to the additional requirements of the SOB district as set forth in Section 9.140.050. C. District Boundaries. The SOB overlay district includes those parcels located in whole or in part within 600 feet of the centerline of State Highway 111. 9.110.090 EOD Equestrian Overlay District. A. Purpose and Intent. To permit the keeping of horses (stabling and riding) for the personal recreational pleasure of City residents and to allow for facilities to provide equestrian -related recreational opportunities beyond the individual horse owner. B. Development Standards. Development standards for the EOD overlay district shall be as provided in the underlying base district regulations, subject to the additional requirements of the EOD district as set forth in Section 9.140.060. In case of conflict between the base district and the EOD regulations, the EOD regulations shall control. C District Boundaries. The boundaries of the EOD overlay district shall be as shown on the Official Zoning Map. 110-5 CHAPTER 9.120 SPECIAL PURPOSE PERAUTTED USES Sections: 9.120.010 Development Permits Required ................... 120-1 9.120.020 Table of Permitted Uses .......................... 120-1 9.120.010 Development Permits Required. Table 9-8 of this Section specifies whether a use or structure is permitted within a zoning district. However, in most cases development to establish a land use requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. 9.120.020 Table of Permitted Uses. Table 9-8, "Permitted Uses in Special Purpose Districts", following, specifies those uses and structures which are permitted within each special purpose district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. "T": Permitted on a temporary basis if a temporary use permit is approved. 5. "X": Prohibited in the district. Open Space and Recreational Uses Open sace P P P P P P ** Public parks, lakes and passive recreation facilities P X P P P X ** Playfields, lighted or unlighted P X X X X X ** Bicycle, equestrian and hiking trails P X P P P P ** Libraries and museums C X X X C X ** Visitor centers C X C C C X ** * Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140. ** As permitted in the underlying base district and in Section 9.140.060. 120-1 9.120. SPECIAL PURPOSE PERMITTED USES TABLE 9-8: PERMITTED USES IN SPECIAL PURPOSE DISTRICTS P = Permitted Use C = Conditional Use Permit A = Accessory Use T = Temporary Use Permit X = Prohibited Use DISTRICT s a d oc IS u. g g '' $ 3 n 00 m W LAND USE PR GC OS FP HC* SOB* EOD* Clubhouses and community ools/cabanas P A X X X X ** Tennis courts or complexes, public P A X X X X ** Tennis clubs or complexes, private C A X X X X ** Golf courses and country clubs, including clubhouses and other customary accessory uses. C P X X X X ** Golf courses without above -ground structures, including fairways, greens, tees, and golf -cart paths C P X P C X ** Accessory Uses and Structures ** Signs, subject to Chapter 9.160 A A A A A A ** Fences and walls, subject to § 9.100.030 A A A A A A ** Satellite dish and other antennas, subject to § A A A A A A ** Temporary Uses ** Temporary outdoor events, subject to § 9.100.040 T T T T T X ** Other Uses Single family residential X X X X C' X ** Multifamily residential, commercial (except sexually oriented businesses), office, or industrial development X X X X X X ** Sexually oriented businesses, subject to § 9.140.050 X X X X X C ** Communication towers and equipment, subject to Chapter 9.170 C C C X C' X ** Electrical substations X X M X M' I X ** * Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140. ** As permitted in the underlying base district and in Section 9.140.060. ' Allowed only if permitted in the underlying base district and only if the additional requirements of the HC overlay district are met r Section 9.140.040 and a conditional use permit is approved. 120-2 9.120: SPECIAL PURPOSE PERMITTED USES TABLE9-8: PERMITTED' USES IN SPECIAL PURPOSE DISTRICTS DISTRICT P = Permitted Use C = Conditional Use Permit C C '' C A = Accessory Use T = Temporary Use Permit X = Prohibited cc a' _ 8 a • Al 4 Use � _ c NC� c � m W LAND USE PR GC OS FP HC* SOB*' EOD* Water wells and pumping stations P P P P M' X ** Water tanks and reservoirs X M M X M' X ** Public flood control facilities and devices P P P P P P ** Other principal, accessory or temporary uses not Director or Planning Commission listed above. to determine whether use is permitted in accordance with § 9.20.040. * Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140. ** As permitted in the underlying base district and in Section 9.140.060. ' Allowed only if permitted in the underlying base district and only if the additional requirements of the HC overlay district are met (per Section 9.140.040) and a conditional use permit is approved. 120-3 CHAPTER 9.130 SPECIAL PURPOSE DEVELOPMENT STANDARDS 9.130.010 Table of Development Standards. Table 9-9, following, contains standards for development of property within special purpose districts: TABLE 9-9: SPECIAL PURPOSE DISTRICT DEVELOPMENT STANDARDS DEVELOPMENT STANDARD ;DISTRICT PR GC OS FP'' HC SOB EOD Min. Building Site n/a n/a n/a Max. Structure Height (ft.) 28 28 28 * ** *** *** Max. Number of Stories 2 2 2 Min. Perimeter Building Setbacks (ft.) From Perimeter Street R.O. W.'s 30 30 30 From abutting residential property or districts 30 30 30 From abutting commercial and other nonresidential property or districts 20 20 20 Min. setback from interior property lines within the same project 0 0 0 * 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: SOB, Section 9.140.050; EOD, Section 9.140.060. Parking and Signs ' See Chapters 9.150 and 9.160 Fences and Walls See Section>9.100030 Landscaping and Screening See Sections 9.100040 and 9.100.050 130-1 CHAPTER 9.140 SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS Sections: 9.140.010 Purpose and Intent .............................. 140-1 9.140.020 PR, GC, and OS Regulations ..................... 140-1 9.140.030 FP Floodplain"Regulations ....................... 140-1 9.140.040 HC Hillside Conservation Regulations ............ 140-2 9.140.050 SOB Sexually Oriented Business Regulations ..... 140-11 9.140.060 EOD Equestrian Overlay Regulations ............ 140-12 9.140.010 Purpose and Intent. The regulations of this Chapter are intended to provide standards for specialized aspects of land use within special purpose districts such as hillside conservation standards, flood hazard reduction measures, and restrictions on the location and operation of sexually oriented businesses. 9.140.020 PR, GC, and OS Regulations. The permitted uses and development standards for the PR Parks and Recreation, GC Golf Course, and OS Open Space districts are set forth in Chapters 9.120 and 9.130. 9.140.030 FP Floodplain Regulations. _ A. Applicability. The FP district shall include all areas within the City that are designated as "Special Flood Hazard Areas Inundated by 100-Year Flood" on Flood Insurance Rate Maps (FIRM) provided by the Federal Emergency Management Agency (FEMA). These include the "A" and "AO" flood hazard zones. The boundaries of the FP District are as shown on the Official Zoning Map. B. Prohibition of Construction in Floodways. Floodway areas shown on FIRM maps are special flood hazard areas which carry high velocity flood waters, debris, and erosion potential. Therefore, except for necessary public improvements, no fill, structures, or other development shall be permitted within floodways. C. Flood Hazard Reduction. The following flood hazard reduction measures shall be required of all construction permitted within the FP District 1. Impact on 100-Year Flood Elevations. New construction shall not increase the water surface elevation of the projected 100-year flood more than one foot at any point. In addition, new construction shall not create or exacerbate erosive velocities within special flood hazard areas. The City may require certification by a registered professional engineer that this requirement is satisfied. 2. Finish Floor Elevation. The finish floor elevation of the lowest floor of all new buildings shall be at least one foot above the 100-year or base flood elevation shown on the FIRM 140-1 9.140. SUPPLEMENTAL SPECL4L PURPOSE REGULATIONS map. If no base flood elevation is shown on the FIRM map, the City may require certification by a registered professional engineer that the finish floor elevation requirement is satisfied. 3. Anchoring. All new structures shall be anchored to prevent collapse, flotation, or lateral movement from hydrostatic and hydrodynamic loading. 4. Water and Sewer Systems. All new and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. 5. Electrical, Plumbing, and Heating Systems. All new and replacement electrical, plumbing and heating equipment shall be designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. 6. Drainage. On slopes, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. D. Permit Procedures. Proposed construction within the FP District shall require approval of a site development permit in accordance with Section 9.210.010 and any other permits required per Chapter 9.120 (Special Purpose Permitted Uses). In addition, the following requirements shall be satisfied: 1. Plans and Studies. Site development permit applications shall be accompanied by detailed studies and plans sufficient to show to the satisfaction of the Public Works Director that proposed structures are safe from flood flows, that there will be no resulting increase in base flood elevation, and that all other requirements of Subsection C of this Section have been or will be satisfied. 2. Requirements of Other Public Agencies. The application shall include evidence of compliance with applicable requirements of federal and other agencies, such as the U.S. Army Corps of Engineers and the Riverside County Flood Control District. 9.140.040 HC Hillside Conservation Regulations. A. Applicability. 1. The HC Hillside Conservation overlay district applies to all land within the City designated in the General Plan as "open space" and shown on the Official Zoning Map as "HC." More specifically, the HC district and the provisions of this Section apply to land meeting the criteria for being above "the toe of the slope," as defined in this Section, within the following Sections of land (San Bernardino Base and Meridian) within the City: 140-2 9.140. SUPPLEMENTAL SPECUL PURPOSE REGULATIONS a. T5S, RM Sections 19, 30; b. T5S, ME: Section 36, 25; c. T6S, ME: Sections 1, 12; 13, 24, 25; d. T6S, RM Sections 6, 7, 8, 17, 18, 19, 20, 28, 29, 30, 33; e. T7S, RM Sections 4,5. 2. The provisions of this Section shall also apply to each and every parcel of land within the City (without otherwise being noted on exhibit or map which is added to the City by annexation, dedication, or other means) meeting the criteria for being above "the toe of the slope." 3. Except as specifically provided elsewhere in this title, any and all disturbance of natural terrain, grubbing, grading, new use, and every new building and premises or land in the HC district shall be used for or occupied and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within such HC district exclusively and only in accordance with regulations set forth in this Section. B. Application of Regulations to Property. 1. In the City General Plan, all hillsides and some alluvial fans are designated Open Space. In general, the dividing line between open space and other land uses is meant to follow and be bounded by "the toe of the slope." The area above the toe of the slope includes not only hillsides, but also alluvial fans which are not protected by flood control structures, and drainage ways and stream courses which have some potential for flooding. In general, alluvial fans not exceeding 20 percent slope are developable consistent with this Section either through the transfer of residential units from contiguous hillside areas, by change of designation, or by providing flood protection. 2. For any parcel subject to the jurisdiction of the City, the City Engineer, upon viewing the site and considering a land suitability study submitted by the applicant (in accordance with the requirements of this Section) shall determine the boundary between the developable and the undevelopable portions of the parcel by locating the toe of the slope per the following criteria (more than one criterion may apply): a. The point where water -borne alluvial material not exceeding 20 percent slope begins to collect to a depth of one foot or more; b. The dividing line between steeper rock formations and more gently sloping alluvium, i.e., where there is a noticeable break in the angle of slope from steep to shallow; c. Where the slope gradient exceeds 20 percent, 140-3 9.140. SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS d. An area unprotected from flooding potential, i.e., an area above the uppermost flood control structure which intercepts runoff (in the form of either natural water courses or as overland sheet flow) and directs it to a controlled stormwater diversion channel. C. Permitted Uses in HC District. 1. No development (except as provided under subsection C-4 of this Section) shall be approved for slopes exceeding 20 percent. 2. The following are exempt from the requirements of this Section: tracts and specific plans already approved. 3. The following uses within the HC district shall be permitted on alluvial fans with slopes not exceeding 20 percent: a. Golf courses (not including above -ground structures), including fairways, greens, tees, and golf -cart paths to access them; b. Flood -control structures; c. Parks, lakes, and passive recreation facilities; d. Water wells, pumping stations, and water tanks (if properly screened); e. Power, telephone, and cable substations and transmission lines (if properly screened or undergrounded); f. T.V., cable, and radio antennas; g. Hiking, bicycle and equestrian trails; h. Single family residential uses; i. Accessory uses necessary to establish and maintain the permitted uses, such as roads, gate -houses, on -site subdivision signs, parking lots, noncommercial community association, recreation, and assembly buildings and facilities. 4. The following uses within the HC district shall be permitted on slopes exceeding 20 percent: a. Hiking, bicycle and equestrian trails not permitting vehicles; b. Access roads which shall be non -visible unless applicant can prove to the satisfaction of the City that the only access to a non -visible area must traverse a visible area. (Ownership or non -ownership of property is not sufficient proof of reason to place a road in a visible area.) Roads shall not exceed 15 percent grade. D. Conditional Use Permit Required. In addition to the requirements of this Section, all development within the HC district shall require approval of a conditional use permit pursuant to Section 9.210.020. 140-4 9.140: SUPPLEMENTAL SPECL4L PURPOSE REGULATIONS E. Site Development Review Required. All development in the HC district shall be subject to site development review by the Planning Commission pursuant to Section 9.210.010. "Development" in this context shall include the following: grading, building, grubbing, or permitting any heavy equipment (equipment whose function is digging, clearing, earth -moving, grading, or a similar function disruptive to the natural terrain) access to the HC district property. F. Criteria for Review of Grading Plans. The Planning Commission and City Council shall consider the following matters of particular concern in their review of grading proposals in the HC district. Conditions may be attached to the approval of grading plans so as to achieve the purpose and intent of this Section and the following objectives: 1. The health and safety of the public; 2. The preservation of vegetation and animal habitat, designation of stream courses as open space, preservation of habitat corridors, encouraging revegetation with drought -tolerant native species; 3. The avoidance of excessive building padding or terracing and cut and fill slopes to reduce the scarring effects of grading; 4. The encouragement of sensitive grading to ensure optimum treatment of natural hillside and arroyo features; 5. The encouragement of imaginative grading plans to soften the impact of grading on hillsides, including rolled, sloping, or split pads, rounded cut and fill slopes, and post and beam construction techniques; and 6. The maximum retention of vistas, and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines, and canyons. G. Engineering Reviews Required. For every home site or for every subdivision proposed within the HC district, the following reports shall be prepared by a California -licensed engineer (licensed in the appropriate discipline), and filed with the City Engineer, unless specifically waived by the City Engineer based on a visit to the proposed site: 1. Hydrology, drainage, and flooding report for all sites; 2. Soil survey of the sites proposed attesting to stability of all sites and the appropriateness of the construction method proposed; 3. Underlying geology/engineering report attesting to stability of all sites; 4. Seismic analysis attesting to the stability of the site(s) and addressing the potential of material above the site(s) impacting the site(s); 101151 9.140. SUPPLEMENTAL SPECLIL PURPOSE REGULATIONS 5. Access plan showing the preliminary engineering for roads giving access to the proposed site(s); 6. Grading plan for the construction site(s) and access routes; and 7. A utility plan demonstrating the feasibility of providing water for domestic and fire suppression purposes, sewer, power, and other utilities, especially with regard to the scarring effects of the grading necessary to install such utilities. The City Engineer shall specifically approve each proposed site and access route based on the submitted reports. H. Other Studies Required. The following studies shall be filed with the Community Development Department as a part of the application process: 1. All development in the HC district shall be subject to a report by a qualified biologist addressing the following: a. Natural vegetation and native plants which may be affected by the project; b. Wildlife habitats, migratory routes (e.g., for Bighorn sheep), and native animal species; and c. Plan to maintain corridors for wildlife habitat and movement of animals within HC district. 2. All development in the HC district shall be subject to a review by a qualified archaeologist addressing the following: a. A review of the literature and records for any known and/or recorded historic or prehistoric resources; b. A survey of the project site for historic or prehistoric resources; and c. A final report of findings and recommended mitigation and resource treatment shall be submitted to the Community Development Director for review. 3. A plan for the preservation of all areas exceeding slopes above ten percent as specified in Paragraph I-6 of this Section, including: a. The designation of all areas exceeding ten percent slope, with the degree of slope noted, and the calculation of the percent to be left undisturbed; b. The designation of all water courses both natural and man-made, with plans for the 140-6 9.140: SUPPLEMENTAL SPECM PURPOSE REGULATIONS preservation and/or reintroduction of native drought tolerant plants. Water courses shall be designated as open space; and c. A monitoring program (following CEQA) for the preservation of open spaces. 4. A viewshed study, including plans and sections, showing visibility of proposed project and grading as viewed from surrounding properties located at lower elevations. I. Grading, Grubbing and Scarring Control. 1. No permits shall be issued for any grading, grubbing, building or structure in the HC district until grading plans, slope planting and irrigation plans, and building elevations for design review have been submitted to the Planning Commission for approval. In reviewing plans for grading, slope planting and irrigation, native revegetation, mitigation of scarring caused by grubbing and grading, preservation of the natural state of the hillsides and water courses (based on slope angle) and building elevations, the Commission and council shall consider the purpose and intent of this Section and the criteria established in this Section, together with applicable standards and shall approve the design if all applicable provisions are met. 2. Conditions may be applied when the proposed development does not comply with applicable standards so as to bring such development into conformity or the plans and drawings may be disapproved and the City shall specify the standard or standards that are not met. 3. Any person who fails to protect the natural terrain, defaces, grades, grubs, scars, or otherwise disrupts the natural terrain in the HC district without prior City approval of plans for such work subject to this Section shall have created a public nuisance which shall be abated. Abatement may include the property owner undertaking the restoration (under City supervision and monitoring), or that failing, City -contracted restoration of the disrupted area. The property owner may be charged the cost of the restoration together with the direct costs of supervision and monitoring of the restoration. If the property owner fails to reimburse the City for the costs incurred, a lien against the property for payment may be instituted. 4. Any plans which are being considered by the City for development shall, at the time of discovery of the creation of the public nuisance, be denied by the decision -making authority. After such time as the public nuisance has been completely abated, the plans may be resubmitted upon payment of all required fees. 5. The provisions of this Section shall be in addition to other Municipal Code titles and regulations applicable to grading activities within the City. No grading shall be conducted, 140-7 9.140. SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS nor shall any grading permit be issued for grading in the HC district until grading plans and special drawings showing grading and topography as viewed from critical locations within the neighborhood or community have been approved by the Planning Commission. 6. Table 9-10 following indicates the minimum percentages of the ground surface of a site which shall remain in a natural state (no cut or fill or grubbing) or be developed solely for recreational purposes based on the average slope gradient of a site: TABLE 9-10:_PERCENTAGES OF NATURAL SITES TO BE PRESERVED Average Slope Gradient of Site (percent) > Minimum Percent of Site to Remain in Natural State (no Cut, Fill or Grubbing) or to be Developed Solely for Recreational/Open Space Purposes' 10.0-12.4 70.0 12.5-14.9 77.5 15.0-17.4 85.0 17.5-19.9 92.5 20.00 or more 100.0 J. Development Standards. 1. Maximum Density and Minimum Lot Size. In the HC district, the maximum density permitted shall be one residential unit per ten acres. On a contiguous parcel which includes areas both above and below the "toe of the slope," residential units may be clustered together below the "toe of the slope" to take advantage of buildable areas with lower slope angles, provided the overall density for the parcel of one unit per ten acres is not exceeded. Structures shall remain single family, separated, on individual lots having an area of at least 20,000 square feet. 2. Setback Requirements. The requirements for the RVL Very Low Density district shall apply. 3. Maximum Building Height. The requirements for the RVL district shall apply except that no structure shall be placed in such a way that its outline is visible above a ridgeline. 4. Parking. Off-street requirements shall conform to Chapter 9.150. 5. Roof Equipment. No roof -top equipment for heating, cooling or other purposes shall be 140-8 9.140. SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS permitted. 6. Architecture. The architectural treatment of structures within the HC district shall be compatible with the setting of the structure and shall be generally consistent with requirements of the desert setting and other architectural treatments found elsewhere in the City. Use of indigenous materials for the structure of walls should be encouraged. Fencing and walls shall conform to the standards for the RC Cove Residential district standards as set forth in Section 9.30.050. 7. Landscaping. a. On the cut or pad occupied by the structure, landscaping may be left to the choice of the homeowner providing some selection of drought -tolerant species is included. Elsewhere on the site (or within open space), native vegetation shall be undisturbed or shall be recreated after approved grading. b. The applicant or developer shall be responsible for the maintenance of all slope planting and irrigation systems until such time as the properties are occupied or at the time a new property owner or homeowner's association accepts the responsibility to maintain the landscaping in common areas, or other maintenance district formation is established. 8. Utilities. All utilities shall be placed underground except for water tanks and substations, which shall be appropriately screened and painted in colors to blend into the background. K. Land Divisions in HC District. In order to assure compliance with the provisions of this Section, the following requirements shall apply to the proposed division of any property which is partially or completely within the HC district: A preliminary grading plan prepared in accordance with the provisions of Municipal Code Title 13 and this Section shall be submitted (together with other requirements of this Section) with every conditional use permit, tentative subdivision map or parcel map filed for approval. The preliminary grading plan shall show at least one practical, usable, and accessible building site which can be developed in accordance with the provisions of this Section within each proposed lot or parcel. L. Transfer of Development Rights. 1. Transfers of development rights shall follow the procedures and standards set forth in Chapter 9.190. 2. Any owner of property within the HC district may transfer development rights from the HC district on the basis of one residential unit per ten acres. 3. Development rights may be transferred as follows: IEIIS' 9.140. SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS a. Transferred to a subdivided portion of the same property below "the toe of the slope," as presented in a conditional use permit; or b. By means of sale to any area of the City which has been zoned for residential purposes, provided the increase for any particular parcel does not exceed 20 percent of the General Plan density designation. c. Development rights may be retained by an individual. d. Transfer rights may be further sold as provided in Chapter 9.190. 4. Any owner of property within the HC district may sell, bequeath or transfer the development rights of the property, in accordance with this Section and Chapter 9.190 to any governmental jurisdiction or any properly organized nonprofit organization whose charter allows for the ownership of public open space. The governmental jurisdiction or nonprofit organization may retain or sell or transfer acquired development rights in accordance with Chapter 9.190. M. Relocation of Toe of Slope. If, as a result of an approved developmental project, a flood control structure is placed higher on a hillside area so that an area of alluvial fan becomes protected from flooding potential, or if the location of the toe of the slope is moved by alteration of some other criterion set forth in Paragraph B of this Section for determining the location of the Toe of the Slope, the new area below the Toe of the Slope shall remain within the HC district. The conditional use permit approved for the development shall determine the effective density of any new developable portion of the new area by virtue of the transfer of development rights from the hillside areas to the new area. N. Ownership and Maintenance of Recreation/Open Space. 1. Those areas located within a hillside development controlled by this Section which are to remain as undeveloped open space, such as undevelopable slopes and natural landmarks, may be offered for dedication for game preserve, recreation, or open space purposes. Such areas may be offered to a public agency or to a nonprofit land trust.conservancy or similar organization whose charter allows for the ownership of recreation and open space which will preserve the natural open space in perpetuity. 2. If an offer of dedication under Paragraph N-1 of this Section or if such an offer is not accepted, the developer shall make provisions for the ownership and care of the open space in such a manner that there can be necessary protection and maintenance thereof. Such area shall be provided with appropriate access and shall be designated as a separate parcel or parcels which may be maintained through special fees charged to the residents of the subject development or through an appropriate homeowner's association or maintenance 140-10 9.140. SUPPLEMENTAL SPECM PURPOSE REGULATIONS district. O. Change in Designation of HCLand. All lands within the HC Hillside Conservation district are designated on the General Plan Land Use Policy Diagram as "Open Space." A property owner may propose a change from this designation and from the HC district zoning by means of all of the following procedures: 1. Approval of a General Plan amendment from Open Space designation to an equally appropriate category. 2. Approval of a change of zone from HC to an equally appropriate district. 3. Approval of a specific plan for the property. 4. Satisfaction of the engineering and other reviews required in this Section. 5. Compliance with all other provisions of this Section except Paragraphs C, J-1, J-2, J-3, L, and M. 9.140.050 SOB Sexually Oriented Business Regulations. A. Purpose of Regulations. 1. The City Council finds that Sexually Oriented Businesses, by their nature, have objectionable secondary effects upon adjacent areas. The purpose of this Section is to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods, to prevent crime associated with Sexually Oriented Businesses as defined in Section 5.80.020 of the Municipal Code, to maintain the integrity of residential neighborhoods, to protect minors from the secondary effects of Sexually Oriented Businesses, to protect retail trade occurring adjacent to Sexually Oriented Businesses, to maintain property values within the City, and to protect and preserve the quality of life within the City. 2. It is not the intent of this Section, and this Section shall not be so construed, to suppress, regulate or affect in any way the content of communication or expression associated with Sexually Oriented Businesses. 3. The City Council finds that this Section allows the establishment of Sexually Oriented Businesses at a reasonable number of locations within the City. 4. The City Council finds that the establishment of Sexually Oriented Business Overlay District best provides the means to adequately regulate Sexually Oriented Business uses 140-11 9.140. SUPPLEMENTAL SPECUL PURPOSE REGULATIONS in the overall land use plan of the City. B. Permit Required. Prior to establishment or transfer of a Sexually Oriented Business, all provisions of Chapter 5.80 of the Municipal Code shall be met including obtaining the required permit. C. Boundaries of SOB Overlay District. 1. Areas of the City hereby designated as being within the Sexually Oriented Business (SOB) Overlay district are those parcels located in whole or in part within six hundred feet from the centerline of State Highway 111. 2. The zoning designation for the parcel shall constitute the base or underlying district and the SOB designation shall constitute an overlay district. In the event of conflicting provisions between the underlying zone and the SOB overlay district regulations, the requirements and restrictions of the SOB overlay district shall take precedence over the requirements of the underlying district. 9.140.060 EOD Equestrian Overlay Regulations. A. Applicability. The EOD Equestrian Overlay district regulations set forth in this Section shall apply to all areas of the City containing the "EOD" overlay designation on the Official Zoning Map. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the EOD regulations, the EOD regulations shall control. B. Definitions. The following definitions apply in the Equestrian Overlay District: "Accessory building" means any building subordinate to a permitted or conditionally permitted equestrian use, including but not limited to hay and tack barns, stables and other structures and uses customarily appurtenant to the primary permitted use. 2. "Accessory structure" means any structure subordinate to a permitted or conditionally permitted equestrian use, including but not limited to arenas, grandstand seating, corrals, exercise rings, and other structures associated with the permitted use. Fences are not considered structures for the purposes of this Section. 3. "Arena" means an enclosure physically similar to a corral, designed and constructed so as to be used for conducting equine -related entertainment and events open to the public, including but not limited to rodeos, polo matches, riding shows and exhibitions, etc. 140-12 9.140. SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS 4. "Commercial stable" means any facility specifically designed or used for the stabling of equine animals not owned by the residents of the subject property, for purposes such as on - site breeding, boarding, training, riding or other recreational use as a commercial service to the owners of said animals. 5. "Corral" means an enclosure designed for use as an open holding area for horses for the purpose of confinement within that area for an indeterminate period of time. 6. "Pasture" means an enclosed holding area consisting of grass or similar vegetation, specifically used for purposes of grazing or feeding of animals. 7. "Riding academy" means a facility designed and used primarily for recreational riding, training and instruction purposes, and allowing both on -site boarding or trailering of horses to the facility. 8. "Stable" means a building or structure containing multiple stalls for the purposes of sheltering, feeding, boarding, accommodating or otherwise caring for several horses at one time. 9. "Stall" means a division of a stable accommodating one horse into an adequately sized enclosure for the purpose of confining individual horses within a sheltered environment as may be necessary for security, safety or other reasons pertinent to the health, welfare and daily care of each animal. C. Principal Uses. Principal uses permitted in the equestrian overlay district shall be as follows: 1. Any use permitted, either expressly or by Conditional Use Permit, in the underlying zone; 2. The keeping of horses (including ponies or llamas) for personal use of the residents of the property only, not to include any activities beyond that necessary to continue the residents personal use. This may include limited breeding and boarding activities of a non - compensatory nature, such as for other family members' personal use. This may include limited breeding and boarding activities of a non -compensatory nature, such as for other family members' personal use. Up to two horses shall be allowed on a minimum one acre parcel. For parcels in excess of one acre, up to three horses per additional acre or portion thereof, shall be allowed. Foals under one year of age shall not be counted in the maximum number of horses permitted; 3. Accessory buildings and structures, including stables, corrals, barns, tack 'rooms, exercise rings, hay barns, and other buildings and structures customarily appurtenant to a permitted 140-13 9.140. SUPPLEMENTAL SPECL4L PURPOSE REGULATIONS use; 4. Farm projects (Future Farms, 4-H or similar projects) conducted by the residents of the premises. Such projects shall involve only the permitted type and number of animals by this ordinance being trained in connection with the education of a person as a member of a recognized farm education organization; 5. Caretakers and employee housing for on -site employment, providing that the unit does not exceed one thousand square feet and conforms to the setbacks in the underlying zone. D. Conditional Uses. The following uses are permitted if a conditional use permit is approved per Chapter 9.210.020: 1. Commercial stables and riding academies, as defined in this Section. 2. Arenas for the purpose of conducting events such as rodeos and other equestrian -oriented entertainment. 3. Veterinary offices or hospitals, when established on the same parcel as the principal residence, provided that only temporary boarding facilities may be established for purposes of boarding sick or injured animals, and that animals not permitted in the underlying zone may not remain at the facility. E. Development Standards. The following development standards generally apply to all properties in the Equestrian Overlay district. Commercial equestrian facilities/uses may be subject to more restrictive requirements through the conditional use process 1. All accessory buildings shall be limited to two stories in height and a maximum of 35 feet, measured from finish grade of the pad. 2. The following minimum setback requirements shall apply: a. Pastures shall not require any setback. However, if a pasture does not extend to a property line, a minimum 10-foot setback from property line shall be provided. b. Accessory buildings (barns; stalls, etc.) shall maintain 25 feet from non -overlay property lines and 10' from overlay property lines. c. Accessory structures shall maintain 35 feet from any non -overlay properties. A 10-foot setback from adjacent overlay property lines shall be maintained. d. Arenas shall be reviewed for appropriate setback and design as part of the conditional use permit process, as they are not considered accessory uses to residential equestrian. Generally, arenas shall maintain a minimum 75-foot setback from any property line. e. Manure storage containers shall be set back a minimum of 50 feet from any non -overlay 140-14 9.140. SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS property line and 20 feet from other property lines. f. Manure spreading areas shall not be established within 25 feet of any property line. g. No accessory building, use or operation described in this Paragraph E.2. shall be established or conducted within 80' of any residential structure. 3. Fencing. a. Pasture and corral areas, as well as all open areas abutting non -equestrian properties, shall consist of fencing at least five feet high and of such construction as to confine the animals. Fences which are on property lines or are adjoining and running parallel to private streets or bridle trails, shall be three -rail, with a minimum height of five feet. from grade, and posts spaced not more than ten feet apart. All posts shall be nominal four inches by nominal six inches minimum, with nominal two inch by nominal six inch minimum rails. This section shall not apply to property lines along any street identified and shown on the circulation element of the general plan, where specific sound attenuation is necessary based on an approved acoustic study prepared for a subdivision map. b. Fencing requirements of this Section shall take precedence in the event of any conflicts with the provisions of Section 9.060.030 (Fences and Walls), for properties keeping -- horses within the Equestrian Overlay district. 4. Dust Control. Corrals, stables, exercise rings and arenas, and any other disturbed soil area shall be regularly sprinklered or otherwise treated to a degree so as to prevent the emanation of dust, and in addition, all accumulation of manure, mud or refuse shall be eliminated so as to prevent the breeding of flies. Any open areas shall be subject to the requirements of Chapter 6.16 whenever applicable. All nuisance water runoff must be detained on the subject property. 5. Manure Collection. Removal and treatment of manure must occur on a regular basis so as to promote the health, safety and welfare of residents and visitors to the area in accordance with the following standards: a. Stalls shall be cleaned on a daily basis. Straw, hay, sawdust or other bedding materials may be stored or composted for later disposal, but shall not be spread with manure over open areas. b. Manure shall be collected from all source areas daily and may be stored for later disposal in an enclosed container of adequate size. Open manure stockpiles are not permitted. Manure stored for disposal shall be removed from the property within seven days. 140-15 9.140. SUPPLEMENTAL SPEML PURPOSE REGULATIONS c. Manure to be used for composting purposes shall be placed in an appropriately designed composting bin in order to properly decompose and eliminate parasites. Only composted manure may be used in any spreading operation. d. Spreading of manure may only occur in conjunction with commercial equestrian uses, and must be conducted over an adequately sized area capable of assimilating the nutrients in the spread material. Such an area may only be operated as part of overall disposal and treatment program approved by the City or established as part of a Conditional Use Permit application. e. Method for removal of manure from the property is at the owner's discretion. Off -site delivery to agricultural or related operations for fertilizer use is permitted. On -site use of composted material is permitted in new or established vegetated areas, such as gardens, landscaping, re-establishment of pasture vegetation, etc. f. Any condition that results in odors, unsightly areas or infestation shall be deemed a public nuisance and/or health hazard and shall be abated within seven days of proper notice. All violations are subject to enforcement provisions of the La Quinta Municipal Code and applicable County health codes. 6. Parking. Parking shall be provided as required by Chapter 9.150, and shall be based upon the overall use of the property or as required by an approved Conditional Use Permit. 7. Lighting. Any proposed lighting must comply with Sections 9.60.160 and 9.100.150 (Outdoor Lighting). Lighting of equestrian and related activity areas shall not occur beyond 10 p.m. unless otherwise specified by an approved conditional use permit. This restriction does not pertain to general area and yard lighting associated with a primary residential use on equestrian property. 8. Loudspeakers. Loudspeaker systems or other amplified sound are limited to operation or use between 8 a.m. and 10 p.m. unless otherwise specified by an approved conditional use permit. F. Review and Approval Process. Equestrian uses, buildings, and structures shall be reviewed in accordance with the following procedures: 1. Accessory buildings, detached or attached, as defined in this Section: a. Up to four hundred square feet for each building or structure, to be reviewed with the building permit application for approval by the Community Development Director; 140-16 9140: SUPPLEMENTAL SPECL4L PURPOSE REGULATIONS b. Over four hundred square feet to be reviewed through the site development permit procedures of Section 9.210.010, by the Planning Commission. 2. All other permitted buildings are subject to the process identified for the underlying base district and this Section. 3. Conditional Use Permits. a. Conditional uses shall be required to obtain a conditional use permit in accordance with the procedures outlined in Chapters 9.200 (General Permitting Procedures) and 9.210 (Development Review Permits). All uses, buildings and structures identified in Paragraph D of this Section existing prior to the effective date of this Section shall be considered as nonconformities in accordance with Chapter 9.270 (Nonconformities). Property owners of all such uses, structures and buildings shall file a site plan for the entire facility with the Community Development Department within 30 days of the effective date of this Section. b. In addition to information required for a conditional use permit application filed pursuant to Chapter 9.210, the following information shall be submitted for conditional uses proposed in the EOD overlay district: 1) A proposed program for storage, treatment and removal of manure produced by the operation. 2) A Fugitive Dust Control Plan, as required by Chapter 6.16 of the La Quinta Municipal Code, addressing control of dust and identification of all potential dust sources. 3) Proposed or potential tentative scheduling of any events or other activities which may produce impacts beyond the scope of the proposed use's routine operations. 140-17 CHAPTER 9.150: PARKING Sections: 9.150.010 Purpose and Intent ..................... 150-1 9.150.020 Approval of Parking Facilities ............ 150-1 9.150.030 Provision of Parking Facilities ............ 150-2 9.150.040 Parking Location and Accessibility ........ 150-3 9.150.050 Determination of Spaces Required ........ 150-4 9.150.060 Spaces Required by Use ................. 150-6 9.150.070 Shared Parking ....................... 150-16 9.150.080 Parking Facility Design Standards ....... 150-17 9.150.090 Handicapped Parking .................. 150-31 9.150.100 Nonconforming Parking ................ 150-31 9.150.010 Purpose and Intent. A. Purpose.These regulations are intended to: (1) provide for offstreet parking of motor vehicles attracted by the various land uses in the City; (2) ensure the health, safety and welfare of the public by preventing obstruction of rights -of -way and fire lanes; and (3) provide for properly designed parking facilities with adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance public safety. B. Parking Required. Offstreet parking is required for all land uses in accordance with this Chapter. 9.150.020 Approval of Parking Facilities. A. Permits Required. Except for single family and duplex residences, establishment of all offstreet parking facilities shall be subject to approval of a site development permit in accordance with Section 9.210.010 unless the parking facilities were previously approved in conjunction with a conditional use permit or site development permit and no changes in intensity of use are being proposed. A grading permit shall also be required unless exempted under the City's Grading Code. B. Plot Plan Requirements. A plot plan shall be filed with all applications for a parking facility site development permit. The plot plan shall show the offstreet parking facilities and the use(s) to be served, together with pedestrian arrangements (including crosswalks, if necessary) connecting them. The plot plan shall be accompanied by information required to determine total parking requirements as described in Section 9.150.050 and documentation of the guarantee of continued offstreet parking required pursuant to Section 9.150.030. C. Design Modifications Approved by Director. The Community Development Director may, without notice or hearing, permit modifications to the onsite circulation, landscaping, and parking design requirements contained in Section 9.150.080 if the Director determines that topographic or other physical conditions make it impractical to require strict compliance with these requirements. 150-1 9.150: PARKING 9.150.030 Provision of Parking Facilities. A. Entities Authorized to Provide Parking. Off-street parking may be provided for a particular land use by any or a combination of the following entities (so long as the appropriate guarantees described in Paragraph B of this Section remain in effect): 1. On property containing the use: the property owner, lessee, or agent of the use for which the parking is required; or 2. On an adjacent property under the same ownership: the property owner, lessee, or agent of the use for which the parking is required; or 3. On an adjacent property not under the same ownership: an approved adjacent property owner, lessee, or agent who reserves spaces on a contract basis for the adjacent use; or 4. On an adjacent or nearby property not under the same ownership: a. An approved private (for -profit or not -for -profit) parking company which reserves, sells, leases, or rents adjacent or nearby parking spaces for that use; or b. An approved private parking association (such as in a shopping center) which creates and allocates parking spaces as credits or shares available to its subscribers/members to meet their parking requirements; or c. A duly authorized public entity (parking district, assessment district, redevelopment district, or similar agency) among whose powers include the authority to acquire and make available parking spaces and maneuvering areas, pedestrian walkways, shade structures, landscaping and other improvements. B. Continuation of Off -Street Parking Required 1. The validity of any permit to use property shall be directly contingent on the continued provision and proper functioning of required off-street parking. Failure to continue to provide the required parking in the approved usable condition shall be reason for immediate revocation of all permits for use of the property on the grounds that such parking deficiency constitutes a threat to the public health, safety, and welfare. 2. The owner of any property for which off-street parking is required shall be directly responsible for the continued provision of such parking. 3. The user of any property for which off-street parking is required shall demonstrate to the satisfaction of the City that the continued provision of the required parking has been adequately guaranteed for a period of at least as long as the permitted use. Forms of guarantee which may be required by the City include, but are not limited to, the following: 150-2 9.1 S0. PARKING a. The inclusion of exclusive or joint use rights for the required parking spaces in the lease for structural space on the same property; b. A recorded covenant merging together two properties under the same ownership which subordinates all other use claims and obligations to the provision of the required parking on the adjacent parcel; c. A contract for parking on other parcels, either: (1) A noncancellable provision, or (2) The earliest expiration or cancelable date for parking facilities occurring simultaneously with or after the time limit for the use requiring the parking, or (3) A bond or other acceptable equivalent instrument in favor of the City which guarantees, in the event of the contract cancellation, termination, or expiration, suit, court jurisdiction or other occurrence which has the effect of rendering the required parking spaces unavailable, the continued provision of the required parking by means of alternate arrangements. 9.150.040 Parking Location and Accessibility. A. Location. Residential Uses. Required parking shall be located on the same parcel as the residential building which the parking serves, except that such parking may be located on an adjacent parcel if all of the following conditions are met: a. The adjacent parcel is and continues to be under the same ownership as that of the residential building; b. The parking is on that portion of the parcel where the erection of garages, carports or shade structures is permitted; and c. The placement and distribution of required parking spaces are such that for any dwelling unit, the assigned or reasonably available parking spaces are no further than 100 feet by walkway to the entry of that dwelling unit. 2. Nonresidential Uses. a. Required parking shall be located on the same parcel as the use served, on an adjacent parcel, or on a parcel across an alley. Required parking may also be located across a street 150-3 9.150: PARKING (other than a major or primary arterial) provided a properly designed crosswalk connects the parking with the use(s) served. b. Required parking spaces shall be within 300 feet of the uses served by the parking and shall be located in a commercial district. 3. Amended Provisions per Specific Plans. Amended provisions relating to parking location, configuration, and other matters may be imposed in conjunction with a specific plan. B. Accessibility. 1. All required offstreet parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. 2. Required offstreet parking facilities and driveways shall not be used for any purpose which at any time would preclude the use of the area for the temporary storage of motor vehicles. 3. Unless otherwise provided by an approved discretionary permit, no owner or tenant shall lease, rent or otherwise make unavailable to intended users any offstreet parking spaces required by this article. 4. Required parking spaces shall not be used for the storage of vehicles unless such storage is calculated into the required parking formula. 5. No required parking spaces shall be used for the display of vehicles for sale unless part of a permitted vehicle sales use. 6. If an area of parking is for park -and -ride programs, such area shall be in addition to the required parking area. If no additional area is provided for such purposes, the owner/operator of the parking lot shall arrange for part of the parking lot, at peak usage hours, to have encroaching parking removed by means of tickets and/or towing. 9.150.050 Determination of Spaces Required. A. Method of Determination. Off-street vehicle parking requirements shall be determined and provided in accordance with this Section when the subject building or structure is constructed or a use is established or changed. In determining such off-street parking requirements, the City may use the alternative methods described in this Section. The City reserves the option of requiring the use of more than one of these methods, depending on the type, size and mix of uses in a proposed development. B. Alternative Methods. Section 9.150.060 specifies the standard number of parking spaces required for most land uses. This schedule is required unless the applicant can show to the satisfaction 1504 9.150. PARKING of the City decision -making authority that it does not apply. Other alternative methods hereinbelow may then be employed to determine the required parking spaces: 1. The Urban Land Institute "Shared Parking" methodology for calculating the peak demand over time for parking in a development of mixed uses using the same parking facilities as specified in Section 9.150.070; 2. A City methodology for calculating the parking demand for extremely complex or unusual uses or combinations of uses for which the standard schedule, the Urban Land Institute methodology and/or verifiable data are not applicable. Some or all of the following factors may be utilized in this methodology: expected numbers of occupants, employees, customers, or visitors, vehicles stationed on the site, service and loading spaces required, handicapped spaces required, emergency access considerations, and use of parking by unauthorized vehicles; C. Increases in Spaces Required. The City may increase the required number of parking spaces for a particular use or development from that required per Section 9.150.060 if an existing building is expanded or dwelling units or guest rooms are added, or if a use is intensified by the addition of floor space or seating capacity or is changed to a use requiring additional parking. D. Parking Reductions in Village Districts. The City may permit required parking spaces in the Village districts to be reduced through execution of a parking agreement, subject to the following requirements: 1. A binding agreement, recorded against the property, between this City and the property owner. The agreement shall contain, at a minimum, all of the following: a. The agreement shall be binding upon the parties thereto, their heirs, successors and assigns, and shall run with the land; b. A payment schedule with a payment period not exceeding four years. If an assessment/benefit or parking improvement district is established, the obligation of the property owner shall become due and payable under the terms of such district; c. A cash mitigation payment. The amount per space shall be established as determined by the Community Development and Public Works Departments, plus an inflation factor. The amount will be calculated at the time of agreement execution. 2. An irrevocable offer from the property owner to participate in any future assessment/benefit or parking improvement district that may be formed in the CV district. 3. The money collected may be released to a City -created parking assessment/benefit or parking improvement district, or may be used in the furtherance of general parking improvements in 150-5 9.150: PARKING the CV district, at the option of the City. Any financial obligation issued against such property shall be reduced accordingly to the amount of mitigation money paid at the time of the district formation. 4. The property owner shall secure the mitigation payment by providing the City with a second deed of trust in the amount of the total mitigation payment. E. Certification of Required Parking. Numerical parking space requirements shall be determined and/or amended through approval of a parking plot plan pursuant to Section 9.150.020. The numerical requirements shall be deemed certified upon such approval. 9.150.060 Spaces Required by Use. A. Land Uses not Listed If no provisions for the required number of offstreet parking spaces are set forth in Tables 9-11 or 9-12 of this Section or the provisions are not clear for a specific use, the decision -making authority for the applicable use or project shall determine the number of parking spaces required. B. Definition of GFA. For purposes of this Chapter and this Code, gross floor area or GFA means the total square footage of all floors of a building, including the exterior walls but excluding courtyards and other outdoor areas. C. Parking for Residential Land Uses. 1. Table 9-11 following contains the minimum number of parking spaces required for each type of residential land use. 2. Whenever any commercial or industrial use is located on a building site that is also used for residential purposes, parking facilities shall be provided for the residential use per Table 9-11 in addition to the spaces required for the nonresidential use(s). 150-6 9.150. PARKING TABLE 9-11: PARKING FOR RESIDENTIAL LAND USES Land Use Min. Offstreet Parking Additional Requirement Requirements Single family detached, single 2 spaces per unit in a garage plus .5 A room such as a den, study, family attached and duplexes, guest spaces per unit if no on -street or sewing room shall count as three bedrooms or less. parking is available a bedroom. Min. driveway length shall conform to Sec. 9.60.060. Above homes with four or more Same as above but with 3 spaces per Same as above. bedrooms unit in a garage. For additions raising total # of b/rms to 4 or more, third garage space is not required provided addition does not increase value of house by 50% or more as determined by Director of Building and Safety. Townhomes 2 spaces per unit in a garage plus .8 All units shall be within 100 guest spaces per unit ft. of the nearest guest space. A parking plan will be required as part of develop- ment review showing alloca- tion of guest spaces. All guest spaces shall be restrict-ed to the use of guests only. Apartments and "airspace" A room such as a den, study, condominiums: or sewing room shall count as a bedroom. (1) Studio • 1 covered space per unit, plus .5 guest spaces per unit For apartments, condomin- (2) One -bedroom • 1.2 covered spaces per unit plus .5 iums, mobilehome parks, guest spaces per unit senior citizen hotels, and (3) Two -bedroom • 2 covered spaces per unit plus .5 congregate care facilities, guest spaces per unit parking shall be arranged so (4) Three or more bedroom • 3 covered spaces per unit plus .5 that all units are within 100 ft. covered spaces per each bedrm. over of the nearest guest space. A three, plus .5 guest spaces per unit. parking plan shall be required as Part of development review Mobilehome parks 2 covered spaces/ unit, which may be in showing allocation of tandem, plus .8 guest spaces per unit dwelling unit spaces and guest spaces. All guest spaces shall Senior group housing/senior 5 covered spaces per unit plus .5 guest be restricted to the use of citizen hotels and congregate spaces per unit guests only. care facilities Boardinghouse, roominghouse, I space per sleeping room and single rm. occupancy hotels 150-7 9.150. PARKING D. Parking for Nonresidential Land Uses. 1. Adequate Parking Required. All nonresidential land uses shall provide offstreet parking in compliance with this Subsection and with Table 9-12 following unless modified by the provisions contained in Section 9.150.050. Table 9-12 sets forth the minimum requirements for each use. It shall be the responsibility of the developer, owner or operator of any use to provide adequate offstreet parking even though such parking may be in excess of the minimum requirements set forth in this Section. 2. Bicycle Parking. In addition to the automobile parking spaces required per Table 9-12 following, bicycle parking shall be provided for certain nonresidential uses in accordance with Paragraph D-3 of this Section. TABLE9-12: PARKING FOR NONRESIDENTIAL.USES Land Use ; Min. Offstreet luli ing Additional Requirement Requirements COMMERCIAL USES. - Barbershops 2 spaces per chair Bars, pubs and cocktail lounges 1 space per 50 sq/ft GFA including indoor/outdoor seating areas (see also Restaurants) Beauty parlors/hair salons 3 spaces per station Dry cleaners 1 space per 200 sq/ft GFA Laundromats As stand-alone use: 1 space per 3 A washer/dryer combination machines. is considered one machine As part of a larger building: 1 space per 200 sq/ft GFA Lumberyards and nurseries 1 space per 500 sq/ft GFA indoor area, plus 1 space per 1000 sq/ft of outdoor area devoted to display or sales, plus 1 space per 2 employees Model home sales complexes 10 spaces 150-8 9.150. PARKING TABLE_9-12: PARKING FOR NONRESIDENTIAL LAND USES Land Use Min. Offstreet Parking Additional Requirement Requirements Personal service establishments, 3 spaces per station including tanning salons, nail salons, massage services and uses of a similar nature Restaurants: (1) Conventional "sit-down", 1 space per 75 sq/ft GFA including including any bar portion indoor and outdoor seating areas (2) Drive-thru and fast food 1 space per 100 sq/ft GFA, including indoor and outdoor seating areas, but not less than 10 spaces. In addition, there shall be at least 2 "grill" spaces for vehicles awaiting orders already paid for. (3) Retail food with ancillary 1 space per 150 sq/ft GFA including seating indoor and outdoor seating areas Retail Commercial: (1) General retail uses under 1 space per 200 sq/ft GFA For shopping centers, free- 50,000 sq/ft GFA standing restaurants and non - free -standing restaurant space (2) General retail uses 50,000 1 space per 250 sq/ft GFA in excess of 20% of the total sq/ft GFA and greater shopping center GFA shall be computed separately using the (3) Furniture and appliance 1 space per 500 sq/ft GFA applicable restaurant parking stores ratio. Sexually -Oriented Businesses 1 space per 200 sq/ft GFA Warehouses, storage buildings 1 space per 1000 sq/ft of gross area for or structures used exclusively storage purposes for storage 150-9 9.150: PARKING TABLE 9-12: PARING FOR NONRESIDENTIAL LAND USES Land Use min. Offstreet'Parking Additional Requirement Requirements Wholesale establishments and 1 space per 500 sq/ft GFA, excluding warehouses not used exclusively that area devoted to office or sales, plus for storage 1 space per 250 sq/ft of office or sales area Mini -storage facilities: (1) Single -story 1 space per 5000 sq/ft plus 2 spaces for Drive aisles between storage any caretaker's unit bays must be wide enough for a parked vehicle plus a fire (2) Multistory 1 space per 2000 sq/ft plus 2 spaces for lane any caretaker's unit Outdoor storage, such as auto 1 space per 1000 sq/ft but not less than wrecking and salvage, 6 spaces contractors storage yard OFFICE AND HEALTH CARE USES: General Requirement for all Min. 30% of required spaces shall be office and health care uses covered by a trellis or carport structure Banks, savings and loans, credit 1 space per 250 sq/ft GFA (For either unions and similar financial stand-alone or uses which are part of a institutions larger building) Convalescent hospitals, nursing 1 space per 4 beds based on the resident See also senior group housing homes, children's homes, and capacity of the facility as listed on the (senior citizen hotels) under sanitariums required license or permit Residential Uses, preceding General offices, other than 1 space per 250 sq/ft GFA Rates are for office uses only. medical, dental, or industrial If ancillary uses are included, park/research such as financial institutions, restaurants or retail establishments, parking for such uses must be provided per their applicable rates Hospitals 1.75 spaces per bed Medical or Dental 1 space per 200 sq/ft GFA for first Offices/Clinics 2000 sq/ft plus 1 space per each 175 s /ft over 2000 150-10 9.150: PARKING TABLE 9-12: PARKING FOR NONRESIDENTIAL LAND USES Land Use Min. Offstreet Parking Additional Requirement Requirements Veterinary hospitals and clinics 1 space per 200 sq/ft GFA exclusive of overnight boarding areas A UTOMOTIVE USES: Automobile repair facilities 1 space per 300 sq/ft GFA, but not less than 5 per business Automobile Service Stations: For service stations, GFA means all areas which are (1) Without retail sale of 1 space per 250 sq/ft GFA, plus 2 fully enclosed and shall beverage and food items spaces per service bay include retail area, restrooms, storage and mechanical areas, (2) With retail sale of beverage 10 spaces plus 1 space per 250 sq. ft. service bays, and cashiers and food items GFA plus 2 spaces/service bay booth Automobile, truck, boat, and 1 space per 300 sq/ft of office area, similar vehicle sales or rental plus 1 space per 1000 sq/ft of establishments indoor/outdoor sales/display area, plus 1 space per 300 sq/ft GFA for repair/service areas, plus 2 spaces per service bay Mobilehome sales 1 space per 300 sq/ft of office area, plus 1 space per 2500 sq/ft of indoor/outdoor sales/display area, Car Washes: (1) Full -service 1 space per employee per shift but not Applicant may be required to less than 10 spaces. (Fuel, vacuuming submit a parking study which or drying areas shall not be counted as includes a stacking analysis parking spaces) for the proposed facility (2) Self-service 2 spaces per wash bay (wash bays shall not be counted as parking spaces) 150-11 9.150. PARKING TABLE 9-12: PARKING FOR'' NONRESIDENTIAL LAND USES Land Use Min._OffstreetParking Additional Requirement Requirements INDUSTRIAL USES: General manufacturing and 1 space per 500 sq/ft GFA (with industrial uses maximum 10 percent office area) Industrial Parks/Research and Development: (1) Manufacturing, research 1 space per 500 sq/ft (with maximum If uses are not precisely assembly, packaging, 10 percent office area) identified at the time of wholesaling application, the parking shall be based on the manufact- (2) Warehousing and 1 space per 1000 sq/ft (maximum 10 uring, research, assembly, distribution space percent office area) packaging and wholesaling rate (3) Offices 1 space per 250 sq/ft for office square footage which exceeds 10 percent of GFA ASSEMBLY USES: Auditoriums, theaters (not 1 space per 3 seats and 1 space per 25 18 lineal inches of bench shall including cinemas) sq/ft GFA where there are no fixed be considered 1 fixed seat. seats Churches, temples and other 1 space per 3 seats within the main 18 lineal inches of bench shall places of assembly not specified auditorium and 1 space per 25 sq/ft be considered 1 fixed seat. elsewhere GFA within the main auditorium where Additional parking will be there are no fixed seats, plus required required at the same rate for parking for other uses on the site other auditoriums, assembly halls or classrooms to be used concurrently with the main auditorium. Cinemas (single- and multi- 1 space per 3 seats, plus 5 spaces for screen) employees Clubs, lodge halls and union 1 space per 35 sq/ft GFA within the halls (not including health clubs) main auditorium, plus required parking for other uses on the site Dance halls 1 space per 7 sq/ft of dance floor area, plus 1 space per 35 sq/ft of additional GFA 150-12 9.150: PARKING TABLE 9-12: PARKING FOR NONRESIDENTIAL LAND USES Land Use Min. Offstreet Parking Additional Requirement Requirements Mortuaries and funeral homes 1 space for every 25 sq/ft or fraction thereof of assembly room floor area, plus 1 space for each vehicle stored onsite, plus 5 spaces for employees Senior centers 1 space per 125 sq/ft GFA LODGING AND CHILD CARE USES: Day care centers, including 1 space per staff member plus 1 space Stacking analysis may be preschools and nursery schools per 5 children. Parking credit may be required to define a drop-off given if queuing area for more than 4 facility that accommodates at cars is provided, but resulting parking least four cars in a continuous shall be not less than 1 per staff flow, preferably, one-way, to member plus 1 per 10 children safely load and unload children Hotels: (1) Facilities with less than 200 1.1 spaces per guest bedroom plus 1 rooms space for every 75 sq/ft of meeting room GFA plus the spaces required for ancillary commercial uses (2) Facilities with 200 rooms or 1.5 spaces per guest bedroom plus 1 more space for every 75 sq/ft of meeting room GFA plus the spaces required for ancillary commercial uses Motels 1.1 space per guest bedroom plus 1 employee space per 10 guest rooms, plus 2 spaces for any manager's unit, plus the spaces required for ancillary commercial uses Bed and Breakfast Inns 1.1 space per guest bedroom plus 1 employee space per 10 guest rooms, plus 2 spaces for any manager's unit Timeshare facilities 1.5 spaces per dwelling or guest unit plus the spaces required for ancillary commercial uses 150-13 9.150. PARKING TABLE 9-12: PARKING FOR NONRESIDENTIAL LAND USES Land Use Min. Offstreet Parking Additional Requirement Requirements Senior group housing, rooming See Table 9-11: "Parking for houses, single -room occupancy Residential Land Uses" hotels, and other residential uses RECREATIONAL USES. - Arcades, game and video 1 space per 200 sq/ft GFA Billiard or pool establishments 2 spaces per billiard or pool table plus required parking for other uses on the site Bowling alleys 4 spaces per alley plus required parking for other uses on the site Golf Uses: (1) Driving ranges 1 space per tee, plus the spaces re- quired for additional uses on the site (2) Pitch and putt, par three and 3 spaces per hole, plus the spaces re - miniature golf courses quired for additional uses on the site (3) Regulation courses 5 spaces per hole, plus the spaces re- quired for additional uses on the site Handball/racquetball facilities 1.5 spaces per court plus the spaces required for additional uses on the site Health clubs and spas 1 space per 150 sq/ft GFA (for purposes of this use, swimming pool area shall be counted as floor area) Libraries 1 space per 300 sq/ft GFA Shooting ranges 1 space per shooting station plus 5 spaces for employees Skating rinks, ice or roller 1 space per 100 sq/ft GFA, plus the spaces required for additional uses on the site Stables, commercial 1 space per each 5 horses kept on the remises 150-14 9.1 SO. PARKING TABLE 9-12: PARKING FOR NONRESIDENTIAL LAND USES Land Use Min Offstreet Parking Additional Requirement Requirements Swimming pools, commercial 1 space per 500 sq/ft of fenced outdoor area plus the spaces required for additional uses on the site Tennis clubs, commercial 3 spaces per court, plus the spaces required for additional uses onsite PUBLIC AND SEMI-PUBLIC USES. - Public utility facilities not 1 space per employee plus 1 space per having business offices on the vehicle used in connection with the premises, such as electric, gas, facility water, telephone facilities Schools: (1) Elementary and junior high 2 spaces/classroom or middle schools (2) Senior high schools 10 spaces per classroom (3) Colleges, universities and 20 spaces per classroom institutions of higher learning (4) Trade schools, business 20 spaces per classroom colleges and commercial schools 3. Required Bicycle Parking. Bicycle parking shall be provided for certain nonresidential uses in order to encourage the use of bicycles and to mitigate motor vehicle pollution and congestion. The minimum bicycle parking requirements for nonresidential uses are as follows: a. Land uses required to provide bicycle parking equal to minimum three percent of the total parking spaces required per Table 9-12 include: video arcades, bowling alleys, cinemas/movie theaters, commercial recreation, tennis clubs, health clubs, libraries, schools, and skating rinks. b. Land uses required to provide a minimum of five bicycle parking spaces include: churches, clubs/halls, hospitals, and restaurants (all categories). c. Land uses required to provide a minimum of one bicycle parking for every 25,000 square feet of gross floor area include governmental, general, medical, and financial office uses. 150-15 9.1 S0. PARKING d. In addition to the requirements of Subsections 2.a. through 2.c. of this Section, retail centers shall provide five bicycle parking spaces for each tenant having over 20,000 sq/ft of gross floor area. The spaces shall be provided at or near the major tenant's main entry. e. Bike racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack. 9.150.070 Shared Parking. A. Cumulative Parking Spaces Required. Unless a reduction is permitted in accordance with Subsection B of this Section, the cumulative parking spaces provided for all land uses in a given area shall be equal to or more than the sum of the parking spaces required for the individual uses in that area, even if two or more nonresidential uses jointly develop and use required parking facilities. B. Reduction in Cumulative Spaces Via Shared Parking. The cumulative parking spaces required for land uses in a given area may be less than the sum of the parking spaces for the individual uses in the area if the City approves a shared parking plan based on one of the following: 1. The approved parking plan was developed and designed based on parking demand established by means of the Urban Land Institute's "shared parking" methodology (as described in ULI: "Shared Parking," 1983) using locally adapted data which consider the Coachella Valley's seasonality and demographics. 2. The approved parking plan was developed and designed based on the methodology for alternative parking demand determinations in accordance with Section 9.150.050. 3. In cases where shared parking is desired but insufficient data is available to use either of the preceding methodologies, an experimental parking arrangement may be temporarily approved subject to all of the following conditions: a. Reasonably comparable data from similar joint uses demonstrates to the satisfaction of the City that the joint -use proposal is potentially workable; b. The joint uses are separated in time by a minimum of sixty minutes and/or are for separate days; c. A 15 percent excess capacity is provided to accommodate unforeseen miscalculation of peak use and/or separation of time; d. The joint time-shared use of parking facilities is a binding part of one or more approved plans for the uses requiring the parking; 150-16 9.150. PARKING e. To guarantee a two-year proof period, the land for additional parking is reserved or optioned and a bond or acceptable equivalent mechanism (in favor of the City) is posted to cover the costs plus ten percent for acquiring the land and constructing the credited parking spaces for a period of two years from the commencement of the last joint use at one hundred percent capacity, or until such time prior to the expiration of the two-year period as the City elects to release the guarantee pursuant to the conditions of approval; i An program of data gathering to document the actual parking demand claimed during the trial period is implemented to the satisfaction of the City. 9.150.080 Parking Facility Design Standards. A. Parking Layout and Circulation. 1. Except for single-family detached, single-family attached, duplex, and townhome residential uses, no parking facility shall be designed so that vehicles are required to back into a public street to exit the facility. 2. No parking space shall be located within three feet of any property line. 3. Tandem parking shall be permitted only in mobilehome parks/subdivisions, as driveway guest parking for single-family detached, single-family attached, and duplex residential uses, and where valet parking is provided. 4. With the exception of single-family detached, single-family attached, and duplex residential uses, all parking bays shall be bordered by continuous curbs to serve as drainage channels and as wheel stops. Individual wheel stops shall not be permitted in lieu of such curbs. 5. All driveways shall be designed for positive drainage. If an inverted crown is proposed for a driveway, the center portion shall be a ribbon gutter of portland cement concrete rather than asphaltic concrete. 6. Parking lot layouts shall provide a clear hierarchy of major access drives (connecting the parking area to the public street), fire lanes, loading areas, minor drives, parking bay maneuvering areas, etc. Parking shall not be arranged to require backing out into major access drives. 7. In order to avoid dead end aisles, parking bays with ten spaces or more shall connect with other parking bays or drive aisles or shall provide a turnaround area at the end of the bay. 8. Parking accessways are those driveways that provide ingress or egress from a street to the parking aisles, and those driveways providing interior circulation between parking aisles. No 150-17 9 ISO. PARKING parking is permitted on an accessway. Such accessways shall conform to the following standards: a. All parking facilities taking access from a major, primary or secondary arterial highway shall have a parking accessway between the arterial and the parking aisles. b. Parking accessways from arterial highways shall not have parking spaces taking direct access therefrom and shall not be intersected by a parking aisle or another parking accessway for a minimum distance of 30 feet for projects with zero to 200 parking spaces, 50 feet for projects with 201 to 350 spaces, 70 feet for projects with 351 to 450 spaces, and 90 feet for projects with 451 spaces or more. All distances shall be measured from the curb face of the ultimate curbline of the adjacent street. c. Parking accessways from nonarterial streets and highways shall be not less than 20 feet in length from the ultimate curbline of the adjacent street. d. One-way accessways shall have a minimum width of 15 feet, unless the accessway is a fire lane, which requires a minimum of 20 feet. e. Two-way accessways shall have a minimum width of 28 feet. 9. Entry/exit driveways shall be placed where they result in the least interference with the flow of traffic on the public street to which they connect. 10. Joint entry driveways are encouraged and shall be arranged to allow parking lot maneuvering from one establishment to another without requiring exit to the street. Adjacent properties shall maintain agreements which permit reciprocal driveway connections across property lines. B. Parking Facility Design and Dimensions. 1. Regular Space Dimensions. All parking spaces up to the minimum required shall be designated for regular vehicle parking. Regular vehicle spaces shall have the following minimum dimensions: Width: 9 feet; Length 17 feet to curb plus two feet overhang; where curbs are not provided, a minimum length of 19 feet is required. 2. Compact Space Dimensions. Compact spaces are permitted only if such spaces are in excess of the minimum parking requirement for the use. Compact vehicle spaces shall have the following minimum dimensions: Width: 8.5 feet; Length 16 feet to curb plus 1 Meet overhang; where curbs are not provided, a minimum length of 17'/2 feet is required. Compact vehicle _ spaces shall be clearly marked and distributed throughout the parking facility. 3. End Spaces. Parking spaces at the end of a parking aisle against a curb or wall shall be widened 150-18 by two additional feet and/or shall have a backing -out pocket provided. 4. Parallel Spaces. Spaces provided for parallel parking shall be a minimum of 9 feet wide and 24 feet in length to permit room for maneuvering. If a wall or curb in excess of eight inches in height is adjacent to the parallel parking space, the space shall be ten feet in width. All end spaces confined by a curb shall be 30 feet long. 5. Support Posts. No support posts or other obstructions shall be placed within 1'/z feet of 9.150. PARKING • 0 / QMUJRR Poy: .-'�ALI.OWsED IN FINlr !' ISTALL (INCLUDING Na/l+uouw PAAM11a SPACE OVOINANO) POST! ALLOWED IF MIN. IS' FROM • EDGE OF STALLDESTRUCTION \ /FRWZONE �>r�x x . WID►N OF POET any parking stall, except that such Rgure 9-10: LimltsNons on Obstructions obstructions are allowed adjacent to the stall AdJacsnt to Parking Stalls within the first six feet of the front of the stall, including any overhang area (see illustration). 6. Parking Aisles. Table 9-13 following contains minimum dimensions for parking aisles: 7. Space Marking. With the exception of single-family detached, single-family attached and duplex residential, all parking spaces shall be clearly marked with white or yellow paint or other easily distinguished material. Marking shall be a minimum four -inch wide single or double ("hairpin" style) stripe. 8. Entry/Exit Driveways. Entry and exit driveways for commercial and multifamily parking lots shall be a minimum of 28 feet wide plus any median width (medians shall be a minimum of 3 feet wide). Additional turning lanes, if required, shall be a minimum of 12 feet in width. 150-19 M1� 9150. PARKING One-way entry or exit drives shall be a minimum of 16 feet in width. Maximum driveway width shall be 48 feet plus median width properly radiused. Internal driveways shall conform to the minimum widths, depending on the angle of parking in Table 9-13 of this Section. 9. Curve Radii. Entry driveways shall have a minimum curb radius of five feet. Internal curb radii shall be a minimum of three feet. Driveway curve radius shall be a minimum of 16 feet inside and 29 feet outside if confined by a curb or other construction. 10. Sight Distance. No parking space shall encroach on the obstruction -free zone provided for sight distance at access points to major drives or streets. The obstruction -free zone shall be a six-foot wide linear strip adjacent to the curbline of the street or major drive and shall extend in both directions from the access point in accordance with Riverside County Road Department Standard Drawing No. 806. 11. Residential Garages. Minimum interior dimensions in residential garages and carports shall be 10' in width per car by 20' in depth. (For example, a two -car garage shall be minimum 20' wide by 20' deep.) C. Fire Lanes. 1. Fire lanes meeting fire department standards shall be provided to allow access to all structures (both front and rear) for fire, law enforcement, and emergency medical purposes. 2. Fire lanes shall be kept separate from loading or service areas and the overall parking layout shall be configured so as to minimize possible obstruction of the fire lane. 3. Fire lanes shall be adequately marked and patrolled to prevent parking and other obstructions. D. Pedestrian Circulation. 1. The purpose of a parking lot is to provide for the transition from vehicular to pedestrian movement. All parking lot arrangements shall be designed to provide for the maximum safety and convenience of pedestrians in their movement to and from the parking area. 2. Where possible, landscaped areas shall also contain paved pedestrian walks for the safe movement of pedestrians. 3. On major driveways, crosswalks shall be provided to mark cross -vehicular pedestrian movement. 4. Textured surfaces, signs, and speed bumps shall be used to keep vehicular speeds low. 150-20 9.150. PARKING E. Loading and Other Service Facilities. 1. Off -Street Loading Requirements. a. Whenever the City determines that the normal operation of any use or development requires that goods, merchandise, or equipment to be routinely delivered to or shipped from that location, sufficient off-street loading and unloading area must be provided in accordance with this Subsection to accommodate such activities in a safe and efficient manner. For purposes of this Chapter, the term loading means both loading and unloading. b. Table 9-14 following shows the number and size of loading berths expected to satisfy the standards set forth in this Subsection. However, the Planning Commission may require more or less loading area if it determines such change to be necessary to satisfy the purpose set forth in Subsection 1.a. of this Section: 20,000- 2 -127.999 I 3 128,000- 191,999 4 192,000 - 255,999 5 256,000- 319,999 6 320,000- 391,999 7 Each additional 72,000 square feet I 1 additional berth or fraction thereof c. Each loading berth shall be not less than 45 feet in length and 12 feet in width exclusive of aisle or maneuvering space, and shall have an overhead clearance of not less than 14 feet. d. Loading berths may occupy all or any part of any required yard space except front and exterior side yards and shall not be located closer than 50 feet from any lot in any residential zone unless enclosed on all sides (except the entrance) by a wall not less than eight feet in height. In addition, the Planning Commission may require screening walls or enclosures for any loading berth if it determines that such screening is necessary to mitigate 150-21 9.150. PARKING the visual impacts of the facility. e. Loading berths shall be so located and designed that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way, complete the loading and unloading operations without obstructing or interfering with any fire lane, public right-of-way or any parking space or parking lot aisle. f. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting to a street or alley. Entrance from and exits to streets and alleys shall be designed to minimize traffic congestion. g. Sufficient room for turning and maneuvering delivery vehicles shall be provided on the site so that vehicles are not required to back up in order to leave the site. h. The loading berth, aisles, and access drives shall be paved so as to provide a durable, dustless surface and shall be graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys. i. Bumper rails and bollards shall be provided at locations where needed for safety or to protect property. j. If the loading area is illuminated, lighting shall be deflected away from abutting residential sites so as to minimize glare. k. No repair work or servicing of vehicles shall be conducted in any loading berth. 1. Off-street loading facilities shall be located on the same site as the use served. m. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this Chapter for each use. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths. n. Loading facilities for a single use shall be considered as providing required loading facilities for any other use on the same site as long as sufficient spaces are provided to meet the requirements of all uses. o. Off-street loading berths shall be provided prior to the time of initial occupancy or prior to completion of major alterations or enlargement of a structure or site. The number of loading 150-22 9.1 SO: PARKING berths provided for a major alteration or enlargement of a structure or site shall be in addition to the number existing prior to the alteration or enlargement. p. No area allocated to loading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading facilities. q. No loading berth which is provided for the purpose of complying with the provisions of this Section shall hereafter be eliminated, reduced, or converted in any manner below the requirements established in this title, unless equivalent facilities are provided elsewhere, conforming to this chapter. Because of the weight of trash trucks and other delivery vehicles, alleys and loading berths serving such vehicles shall be improved with a minimum structural section of 3'/2 to 6 inches of portland concrete over a suitable base, depending on a recommendation by a registered civil engineer. 2. Utilities.All utility connections, utility meters, and mechanical equipment shall be accessible from an area adjacent to (but not within the maneuvering area of) the fire lanes. Enough space shall be provided for a service truck to park adjacent to the utility area. Such area shall not conflict with the loading and maneuvering areas required per Subsection G.1. of this Section. 3. Trash Facilities. Trash enclosures shall be provided exclusively for trash collection in accordance with the requirements of Section 9.100.200. F. Parking Lot Surfacing. 1. All parking areas shall be designed and built with positive drainage to an approved drainage conveyance. No ponding shall be permitted. 2. All parking and maneuvering areas shall be paved with paving blocks or asphaltic or portland concrete over the appropriate asphaltic base. The structural section of the pavement and base material shall be commensurate with the anticipated loading and shall be calculated in accordance with the method promulgated by the California Department of Transportation (Caltrans). 3. The minimum thickness for portland concrete surfacing is three and one-half inches and shall be increased as needed to accommodate the expected loading. Expansion joints shall be provided. 4. The minimum structural section for asphaltic concrete pavement shall be compacted to a minimum thickness of three inches on four inches of Class Two base. The base thickness can 150-23 9.150. PARKING be varied based on the recommendation of a preliminary soil report. A modified structural section may be used based upon the recommendation of a registered civil engineer if approved by the City. G. Valet Parking. 1. Valet parking shall be reviewed by the Planning Commission in conjunction with the site development permit or other entitlement for the use or separately as a minor use permit per the procedures of Section 9.210.020. 2. When valet parking is provided, a minimum of 25 percent of the required parking area shall be designated and arranged for self -parking to prevent on -street parking and blocking of fire lanes. 3. The drop-off point for valet parking shall be convenient to the front door of the facility, shaded, one way, and of sufficient capacity to accommodate three cars. 4. The route from the drop-off pick-up point to the area designated for parking shall be via an onsite private drive and shall not utilize any public street. 5. A safe pedestrian route for valet staff shall be provided which does not cross the path of the valet parking route. 6. All valet parking approvals shall be conditioned to require that sufficient liability insurance for patrons be carried during each year of operation. H. Shopping Cart Storage. Every use which utilizes shopping carts shall provide a shopping cart collection area or cart racks. 2. Cart racks shall be distributed so that no parking space within the facility is more than in 100 feet from the nearest cart rack in order to prevent parking spaces from being lost to the random abandonment of shopping carts. 3. Each cart rack shall include either a steel frame or curbs on the lower side to contain the shopping carts. 4. Nonresidential site development permit approvals shall include a condition requiring parking lots to be cleared of shopping carts no less frequently than once every two hours. More than twenty-five percent of the required parking spaces blocked by shopping carts shall constitute a public nuisance and shall be abated. 150-24 9.150: PARKING 5. Site plans and parking facilities shall be arranged in such a way that pedestrians with carts need not cross major internal driveways or alternatively, to provide a crosswalk at crossing points with textured paving preceding the crosswalk to alert drivers. 6. If sidewalks adjacent to stores are used for temporary storage of assembled shopping carts, such sidewalks shall be designed with extra width so that pedestrian flows are not blocked by shopping carts. The Planning Commission may also require a screening wall or landscape screening in front of such a cart storage area. I. Underground and Decked Parking. The minimum dimensions for underground, decked, or covered parking shall be as required for uncovered surface area parking as specified throughout this section, except additional minimum dimensions may be required for specific circulation conditions or structural impediments created by the parking structure. 2. The clearance heights of overhead obstructions shall be clearly marked. 3. A level or nearly level transition area between the street and ramps up or down parking shall be provided for a distance which will provide adequate sight distance at the street. 4. Landscaping shall be incorporated into parking structures to blend them into the environment. This shall include perimeter grade planting and rooftop landscaping as deemed appropriate by the Planning Commission. 5. Parking structures shall be subject to site development permit review in all cases. As part of such review, special care shall be taken to prevent the mass and height of parking structures from intruding into the streetscape. 6. Multiple level parking structures shall contain light wells (minimum dimensions: 20 x 20), placed at least every two hundred feet. The base elevation of the light well shall be landscaped. Tall trees (especially palms) shall be used to tie together the various levels of the parking structure. In addition, the Planning Commission may require that upper levels be set back from the level immediately below in order to minimize the apparent mass of the structure from the street. J. Drive-Thru Facilities. Drive-thru facilities shall conform to the following regulations: No drive -through facility shall be permitted within 200 feet of any residentially zoned or used property. 2. Safe on- and off -site traffic and pedestrian circulation shall be provided including, but not 150-25 9.150: PARKING limited to, traffic circulation which does not conflict with entering or exiting traffic, with parking, or with pedestrian movements. 3. A stacking area shall be provided for each service window or machine which contains a minimum of seven tandem standing spaces inclusive of the vehicle being served. The standing spaces shall not extend into the public right-of-way nor interfere with any internal circulation patterns. 4. The drive -through facility shall be designed to integrate with existing or proposed structures, including roof lines, building materials, signs and landscaping. 5. Vehicles at service windows or machines shall be provided with a shade structure. 6. Amplification equipment, lighting and location of drive -through elements and service windows shall be screened from public rights -of -way and adjacent properties per the provisions of Paragraph L of this Section. 7. Exits from drive -through facilities shall be at least three vehicles in length, shall have adequate exiting sight -distance, and shall connect to either a signalized entry to a traffic or shall be limited to right turns only. K. Lighting of Parking and Loading Areas. 1. Illumination of parking and loading areas shall conform to the requirements this Subsection and Section 9.100.150 (Outdoor Lighting). 2. Lighting shall be provided for all parking facilities. 3. All off-street parking areas in multifamily residential projects shall be illuminated at night. 4. Commercial establishments shall provide night lighting throughout required parking areas at all hours of customer and employee use. 5. Lighting, where installed for parking area, sales and/or display area, shall be arranged so as to reflect away from adjoining residential areas and shall be designed to minimize impacts on vehicular traffic and residents. 6. Light sources shall not be visible from off the property, shall not direct light skyward, and shall be so arranged by means of filters or shields to avoid reflecting light onto adjoining properties or streets per Section 9.100.150. 7. Light standards should be placed between parking spaces or built into landscaped areas. 150-26 9.150: PARKING 8. Light standard heights shall be as per manufacturer's recommended photometrics, but in no case shall the height exceed the maximum permitted building height of the zone in which it is situated or 18 feet (measured- from finish grade at the base of the standard), whichever is greater. Graduated light standard heights within a site with lower heights in peripheral areas may be required by the Planning Commission to provide compatibility with adjoining properties and streets. 9. Average illumination levels at finish grade in parking areas which require lighting shall be between one and two footcandles, with a maximum ratio of average light to minimum light of three to one. Lighting plans shall take into account the placement and growth of landscape materials. L. Screening of Parking Areas. Screening Required. Except for single-family detached, single-family attached and duplex residential, all parking areas shall be screened by means of walls or other materials in accordance with this Subsection. 2. Height. Screening shall be a minimum of three feet high adjacent to public streets or nonresidential uses and a minimum of six feet high adjacent to residential uses, except that screening shall not exceed 30 inches high where required for motorist sight distances as specified in Section 9.100.030. This height restriction shall not apply in the VT tampico Urban Mix District. 3. Screening Walls. a. Wall Materials. Walls shall consist of concrete, stucco, plaster, stone, brick, tile or similar type of solid material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and colors consistent with project buildings. b. Wall Articulation. To avoid visual monotony, long straight stretches of wall or fence shall be avoided. Walls and fences shall be varied by the use of such design features as offsets (i.e. jogs), pilasters, open panels (e.g. containing wrought iron), periodic variations in materials, texture, or colors, and similar measures. Screening walls or fences may also include open portions (tubular steel, wrought iron, etc.) if the City determines that the desired screening of parking areas and noise attenuation is still achieved. c. Wall Planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the City. 4. Other Screening Materials. In addition to walls, if approved by the decision -making authority, screening may consist of one or a combination of the following materials: 150-27 9.150. PARKING a. Plant Screens and Berms. Plant materials, when used as a screen, shall consist of compact evergreen plants or landscaped berms (earthen mounds). Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within 18 months after initial installation. Width of landscape strips and other landscaping standards shall be in accordance with Paragraph M of this Section. b. Solid Fences. If permitted in the zoning district, a solid fence shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. c. Open Fences. An open weave or mesh -type fence shall be combined with plant materials to form an opaque screen. M. Parking Facility Landscaping. 1. Purpose. Landscaping of parking lots is beneficial to the public welfare in that such landscaping minimizes nuisances such as noise and glare, provides needed shade in the desert climate, and enhances the visual environment. Therefore, landscaping shall be incorporated into the design of all off-street parking areas in accordance with this Subsection. 2. Preservation of Existing Trees. Where trees already exist, the parking lot shall be designed to preserve as many such trees as feasible (in the opinion of the decision -making authority) in order to make the best use of the existing growth and shade. 3. Screening. Screening of parking areas shall be provided in accordance with Paragraph L of this Section. 4. Perimeter Landscaping. Whenever any parking area, except that provided for single-family dwellings, adjoins a street right-of-way, a perimeter planting strip between the right-of-way and the parking area shall be landscaped and continuously maintained. All planting within ten feet of any entry or exit driveway shall not be permitted to grow higher than 30 inches. Berms or low walls may also be incorporated into the planting strip. The width of the planting strip, measured from the ultimate property line (i.e. after street dedication), shall be in accordance with Table 9-15 following. (See also Nonresidential Development Standards, Chapter 9.90). 150-28 9.150: PARKING TABLE. 9-15: REQUIRED PERIMETER LANDSCAPING Street or Highway Min. Width of Planting Strip (feet) Highway 111 50 Primary Image Corridors* 20 Other Streets and Highways 10 * The following are Primary Image Corridors as identified in the General Plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington St.) 5. Interior Landscaping. a. Within open parking lots (i.e. not including parking structures) containing four or more parking spaces, landscaping equal to at least 15 percent of the net project area shall be provided within parking areas. Perimeter planting strips shall not be credited toward this interior landscaping requirement. b. All open areas between curbs or walls and the property line shall be permanently landscaped and continuously maintained. Landscaping shall include native or drought - tolerant shrubs, trees, vines, groundcovers, hedges, flowers, bark, chips, decorating cinders, gravel, and similar material which will improve the appearance of parking areas;(See also Nonresidential Development Standards, Chapter 9.90). c. Interior landscaping shall be distributed evenly throughout the entire parking area. d. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. 6. Parking Lot Shading. As part of the minimum interior landscaping required per Paragraph M-5 of this Section, 8-10 feet tall (min. 15-gallon container size) trees of suitable mature size, spread and climatic conditioning shall be placed throughout the parking area to provide adequate shade for pedestrians and vehicles. Canopy -type trees shall be placed so as to shade a portion of the total parking area within 15 years in accordance with Table 9-16 following. 150-29 9.150: PARKING TABLE 9-16: REQUIRED PARKING LOT SHADING Min. Required Parking Spaces ` Min. Percent of Parking Area to be Shaded 0-4 n/a 5 or more T 50 a. A shade plan shall be submitted with detailed landscaping plans which shows canopies after 15 years growth to confirm compliance with the above percentage requirements. Professional landscaping judgment shall be used to evaluate the plan as to its 15-year growth and coverage and its compliance with the Table's percentage shade requirements. Shade coverage shall be determined by the approximate crown diameter of each tree species at 15 years of age. b. Shade structures, such as trellises, may be credited for up to 50 percent of the required parking lot shading specified in Table 9-16 preceding. c. Tree locations should not interfere with required lighting of public areas or parking areas. 7. Landscaped Planters. All planter beds containing trees shall be at least six feet in width or diameter. All landscape planter beds not containing trees shall be at least three feet in width or diameter. Boulders, gravel, and the like, may be integrated with plant material into a well - conceived plan. Berming or other aesthetic approaches integrated into the overall design are encouraged. 8. Curbs Required. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb or landscape planter at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. 9. Irrigation. Effective full -coverage irrigation systems shall be installed and maintained in all landscaped areas so that landscaping remains in a healthy growing condition and in compliance with the approved plan. All dead vegetation shall be removed and replaced with the same size and species plant material. Hose bibs shall be placed at intervals of not less than two hundred feet. Irrigation water shall be contained within property lines. 10. Landscaping of Undeveloped Areas. All undeveloped areas within the interior of any parking area, such as pads for future development, shall be landscaped with appropriate plant material and maintained in good condition. 11. Landscape Plans. Landscape plans shall be submitted in conjunction with grading and other 150-30 9.150: PARKING development plans for all parking facilities with four or more spaces, except for single family detached, single family attached and duplex residential. Plans shall include all planting, hardscape, irrigation, and other items required by this Subsection. Plant lists shall be included giving the botanical and common names of the plants to be used and the container size at time of planting. N. Nonconforming Parking. The continuation of uses with parking which does not conform to the provisions of this Chapter 9.150 shall be subject to the provisions of Chapter 9.280 (Nonconformities). 9.150.090 Handicapped Parking. A. Handicap Parking Facilities Required. Public accommodations or facilities, including industrial, commercial, professional, institutional and multifamily dwellings of five or more units, shall provide parking spaces for the physically handicapped in compliance with the federal Americans with Disabilities Act (ADA). 9.150.100 Nonconforming Parking. A. Continuation of Uses. A use which was a legal use on the effective date of this Code shall be allowed to continue in operation at whatever parking ratio was in effect at the time the use was established, provided such use was properly permitted and parked in accordance with the regulations in effect at that time. B. Expansions and Additions. Any additional uses, intensification of use, expansions, or changes of use which generate a need for added parking shall comply with Chapter 9.150 (Parking). Only the changed portion of the use will be required to conform to said Chapter unless an overriding public safety issue, confirmed by the Planning Commission and the City Council, requires a redesign of the existing parking. 150-31 CHAPTER 9.160: SIGNS Sections: 9.160.010 Purpose and Intent ................................. 160-1 9.160.020 Exempt Signs ..................................... 160-1 9.160.030 General Sign Standards ............................. 160-3 9.160.040 Permanent Signs in Residential Districts ............... 160-6 9.160.050 Permanent Signs in Nonresidential Districts ............ 160-7 9.160.060 Permitted Temporary Signs ......................... 160-9 9.160.070 Permitted Semi -Permanent Signs .................... 160-11 9.160.080 Semi -Permanent Downtown Village Directional Signs .. 160-13 9.160.090 Sign Permit Review ................................ 160-14 9.160.100 Prohibited Signs .................................. 160-18 9.160.110 Nonconforming Signs .............................. 160-20 9.160.120 Enforcement, Sign Removal, and Abatement .......... 160-20 9.160.130 Sign Definitions ................................... 160-22 9.160.010 Purpose and Intent. A. Purpose. These regulations are intended to implement the goals and policies of the General Plan by: 1. Providing minimum standards to safeguard and enhance property values and protect public and private investment in buildings and open spaces; 2. Preserving and improving the appearance of the City as a place to live, work and visit. 3. Encouraging sound signing practices to aid business and provide directional information to the public; 4. Ensuring that signs effectively identify business and other establishments; 5. Preventing excessive and confusing signing displays ; 6. Reducing traffic hazards and promoting the public health, safety, and welfare by minimizing visual competition among signs; 9.160.020 Exempt Signs. . A. Signs not Requiring Sign Permits. The signs listed in Table 9-17 following do not require a sign permit nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of (1) obtaining any building or other permits required for sign erection, if any; (2) proper sign maintenance; or (3) compliance with applicable provisions of this Chapter or of any other law or ordinance. Exempt signs shall not be illuminated nor placed within any public right-of-way unless specifically permitted hereinbelow. 160-1 9.160. SIGNS TABLE'9-17:EXEMPT SIGNS NOT REQUIRING A SIGN PERMIT Sign Type Placement Max. Area Illumination In this Table: - "n/a" means not applicable or no restriction . - "Building -mounted" means signs mounted flush -to -wail only 1. Official notices issued by any court or public body or n/a n/a n/a officer and notices posted by any public officer in the performance of a public duty or by any person giving legal notice 2. Within residential districts, address or identification signs Building- 1 sq/ft Required mounted aggregate 3. Signs located in the interior of any building or enclosed n/a n/a Yes outdoor area which are designed and located to be viewed exclusively from within such building or outdoor area 4. Tablets, stained glass windows, or dates of erection cut into Building- 3 sq/ft No the surface of a wall or pedestal or projecting not more than mounted or two inches free-standing 5. Directional, warning, or informational signs required by or n/a n/a Yes authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses 6. Incidental accessory signs and placards (e.g. Open/Closed Window or 3 sq/ft No signs), six signs maximum per premises building- aggregate mounted 7. Temporary decorations clearly incidental and customary n/a n/a Yes and commonly associated with any national, local or religious holiday, provided such signs are removed within seven days after the applicable holiday. 8. Sculptures, fountains, mosaics, and design features which n/a n/a Yes do not incorporate advertising or premise identification 9. Property signs (e.g. "No Trespassing," "No Parking," etc.), Building- 3 sq/ft Yes informational/directional signs (e.g, "Restrooms," "Exit," mounted etc.) and warning signs (e.g. "High Voltage") or free-standing 10. Vehicular directional signs used to identify street entrances Building- 3 sq/ft Yes and exits, maximum three feet high if free-standing mounted or free-standing 11. Directional pavement marking n/a n/a n/a 12. Newspaper stand identification n/a 3 sq/ft No 13. Within commercial districts, chalkboards or small placards Building- 3 sq/ft Indirect only e.. restaurant menu boards mounted 160-2 9.160. SIGNS TABLE 9-17: EXEMPT SIGNS NOT REQUIIUNG A SIGN PERMIT Sign Type PIacement Max. Area Illumination In this Table: • "n/a" means not applicable or no restriction • "Building -mounted" means signs mounted flush -to -wall only 14. Vending machine signs and automatic teller signs n/a n/a Yes 15. Directional and non-profit public information signs for Free-standing 3 sq. ft. No public, quasi -public, and non-profit uses on public or private property, adjacent to an Arterial thoroughfare. Number, shape, location, and height (maximum 6-feet) of signs shall be approved by the Director of Community Development and Public Works. 16. Within commercial zones, temporary information window Window No one No signs fronting on a street, parking lot or common on -site mounted window area, not covering more than 25% of the area of the sign shall window(s) within which they are placed for a period not to exceed 4' exceed 14 days nor more than six (6) times per calendar high or 8' year. No more than three (3) signs per elevation with long (32 sq. windows may be installed at any one time. ft.) 17. Within residential zones, temporary decorative flags clearly Building- 7 sq. ft. No incidental which may or may not be associated with any mounted national, local, or religious holiday. Signs in. Residential Districts Requiring a Permit see.:SecHoa 9:160.040 Signs is Nonresidential Districts Requiring a Permit < See Section 9.160 0S0 Temporary and Semi -Permanent S s See. Sections 9.160a160 and 9160.070 B. Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural, text, or design change is made; 9.160.030 General Sign Standards. A. Applicability. Signs in the City of La Quinta, including exempt, permanent, semi -permanent, and temporary signs, are subject to the general standards of this Section. B. Planned Sign Programs. Planned sign program review is required, per the provisions of Subsection 9.160.090D, for submissions which: (1) include three or more permanent signs; (2) are in conjunction with review of a site development permit by the Planning Commission; or (3) include a request for a sign adjustment to a sign previously approved under a planned sign program. 160-3 9.160. SIGNS C. Interpretation of Provisions. Where a matter of interpretation arises regarding the provisions of this Chapter, the more specific definition or more rigorous standard shall prevail. Whenever the Community Development Director determines that the application of any provision of this Chapter is uncertain, the issue shall be referred to the Planning Commission for determination. D. Application of Standards. If the Director determines that a staff -reviewed sign does not conform to one or more of the general standards set forth in this Section, the applicant shall be given the option of modifying the sign or applying for a minor adjustment E. Measurement of Sign Area. Sign area shall be measured as follows: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including non- structural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. 4. Double -Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 sq. ft., a double-faced sign may have an area of 20 sq. ft. per face. 5. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maximum permitted sign area is 20 sq. ft., the maximum allowable area for each face is only five sq/ft. 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. F. Measurement of Sign Height. Sign height shall be measured as follows: 1. Building -Mounted Signs. The height of building -mounted signs shall be measured from the average finish grade directly beneath the sign. 2. Free -Standing Signs. The height of a free-standing sign shall be measured from the top of curb 160-4 9.160: SIGNS of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the Director determines that a free-standing sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. G. Sign Placement. 1. Setback from Street. Free-standing signs shall not be located within five feet of a street right- of-way nor within a corner cutoff area identified in Section 9.100.030D. 2. No Off -Premise Signs. All signs shall be located on the same premises as the land use or activity identified by the sign, unless specifically permitted to be off -premise in this Chapter. 3. Utility Lines. No sign shall be located closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility. 4. Traffic Safety. No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic. 5. Public Right -of -Way. No sign shall be located within, over, or across a public right-of-way unless specifically permitted in this Chapter. H. 111umination. Illumination from or upon any sign shall be shaded, shielded, directed, or reduced so as to avoid undue brightness, glare, or reflection of light on private or public property in the surrounding area so as to avoid unreasonably distracting pedestrians or motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illuminated signs which face or are adjacent to residentially zoned property shall be restricted to minimize the illumination, glare or reflection of light which is visible from the residentially zoned property. I. Maintenance. Any sign displayed within the City, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The Community Development Director may request the Director of Building and Safety to order the repair or removal of any sign determined by the Director to be unsafe, defective, damaged, or substantially deteriorated. J. Landscaping of Free -Standing Signs. All free-standing signs shall include, as part of their design, landscaping and/or hardscaping about their base so as to prevent vehicles from hitting the sign, 160-5 9.160. SIGNS to improve the overall appearance of the installation, and to screen light fixtures and other appurtenances. The applicant shall maintain all landscape areas in a healthy and viable condition. K. Inspection. All sign owners and users shall permit the periodic inspection of their signs by the City upon 10 days notice. L. Speck Plan Standards to Apply. Signs to be located within the boundaries of a specific plan or other special design approval area shall comply with the criteria established by such plan or area.. 9.160.040 Permanent Signs in Residential Districts. Signs identified in Table 9-18 following are permitted in residential districts subject to approval of a sign permit per Section 9.160.090 TABLE 9-18; PERMANENT: SIGNS PERNMED .IN RESIDENTIAL DISTRICTS Wr kSIGN PERMIT Note: ; Free-standing: signs shall not be located within S' of $ stre light -of --:way nor within a corner cutoffaren identified in..Section 960.030' • "ID" means identification sign. Sign Type and::Max..h Mist. Area Msz. iilamination. Additional Placement Number. (MM) Height` Requirements Building -mounted or 2 per entry 24 6 ft., Indirect only 1 single -faced sign free-standing street (1 if or top of wall permitted on each side of Project/neighborhood/ double- if building- street, (1 sign only if apt. complex ID sign faced) mounted double-faced) Building -mounted or 1 per 18 6 ft. Indirect only Signs are to be designed and free-standing directory entrance to oriented to direct pedestrian sign for multi -tenant building or traffic bldas. or complexes complex Building -mounted or 1 of either 6 6 ft. Indirect only Permanent sign giving rental free-standing per street information for buildings or apartment rental frontage complexes containing 15 or (permanent) more units Other Uses • 1 free- 24 6 ft. Indirect only 1 sign may be changeable standing copy • 2 bldg- 24 aggreg. Top of wall mounted Signs in Nonresidential Districts Requiring it Permit See Section.9160.050 Signs exempt from sign permit approval See. Section 9:I60.020 Temnorary and<semi-permanent simns See Sections:9z1160,W and 9.16D 070 160-6 9.160. SIGNS 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: PERMANENTSIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Note: Free-standing signs shall not beJocated within 5' of a street right -of w nor within a comer cutoff _area.identified in Section 9.100030. • "ID" means identification sign. • Signs required by law shall be allowed at the minimums mwspecified!by: such law Sign Type and Max. Number Max Ares Maz: Illumination Additional Placement :Height Requirements Free-standing center 1 per street .25 sq/ft per lineal 8 ft. Direct or Aggregate sign or complex ID sign frontage ft. of street front- indirect for area may not be for multi -tenant age up to max. of all signs combined among building or multi- 50 sq/ft per sign street frontages. building shopping and 100 sq/ft Letter height shall center or other aggregate for all be a minimum commercial or office signs 10" high. complex Building -mounted or 1 flush -mounted Flush-Mntd: 1 8 ft. Direct or ID signs not permanent window plus 1 under- sq/ft per lineal ft. indirect for permitted for ID signs for canopy per tenant of lease frontage all signs tenants above the individual frontage along a up to max. of 50 ground floor in commercial or office street or along a sq/ft aggregate buildings with tenants common -use prkng Under -Canopy: only interior lot with no direct 3 sq/ft access above street frontage ground floor Free-standing ID sign 1 50 sq/ft 8 ft. Direct or Allowed only if for individual indirect for bldg has min. 200 commercial or office all signs ft. of street bldg. frontage Building -mounted ID 2 1 sq/ft per lineal Top of Direct or sign for individual (but no more than ft. of bldg wall indirect for commercial or office 1 per each side of frontage along a all signs bldg. building) street up to max. of 50 /ft aggreg 160-7 9.160. SIGNS TABLE 9-19'PERMANENT 'SIGNS PERMITTED IN NONRESIDENTIAL -. -DISTRICTS WITH A SIGN PERMIT Note: Free-standing signs shall not be located within 5` of a -street right-of-way nor within a comer cutoff area identified in Section 9.I00.030. • "ll)" means identification sign. • Signs required bylaw shall be allowed .atthe minimum size specified by such law. Sign Type and Max. Number AW.. Area Mam Illumination Additional Placement Height . Requirements Building -mounted or 1 per entrance to 18 sq/ft Top of Direct or Signs are to be free-standing building or wall or indirect designed and directory sign for complex 6 ft. if oriented to direct multi -tenant bldgs or free- pedestrian traffic complexes standing Gas/service stations 1 free-standing 8 ft. Direct or Allowed only for sign per street indirect for stations which are frontage, all signs not accessory to combining bus. 50 sq/ft other uses. Price identification and sign must show gas prices aggregate the lowest price per gallon of all 1 building- Top of grades, including mounted ID wall taxes. Theaters, cinemas, 1 free-standing and Aggregate Top of Direct or and cabarets 1 building- allowed: 20 sq/ft wall or indirect for mounted sign, of plus 10 sq/ft per 12 ft. if all signs which 1 sign may screen/stage over free - be combination ID 1, up to a max. of standing & attraction board 40 sq/ft 1 building- 6 sq/ft each Top of Indirect only mounted coming- wall attraction poster per screen or stage Church and - 1 free-standing 24 sq/ft 6 ft. Direct 1 of the allowed Institutional Uses or signs may include - 2 Bldg -mounted 24 sq/ft Top of indirect for an attraction aggregate wall all signs board Signs in Residential DistrictsRequiring a Permit See Section 9.160040 Signs exempt from sign permit approval See Section 9.160A20 Tem ra and semi- rmanent signs Sec. 9.160 060 and 9.160.070 160-8 9.160. SIGNS 9.160.060 Permitted Temporary Signs. A. Definition. "Temporary sign" means any non -illuminated sign which may require a sign permit and which is intended to be posted for a maximum of 60 days. Temporary signs include without limitation: political campaign signs, garage sale signs, real estate for sale, for lease, for rent or open house signs, and seasonal sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than 60 consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within 90 days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand comer of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under Subsection F of this Section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed 12 square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed 24 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030 D. Maximum Height. Free-standing temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed We F. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, mail boxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs, or traffic signs or signals. Temporary signs shall be posted no closer than five feet from the edge of the paved area of any public road or street. Temporary signs shall be placed no less than 200 feet apart from identical or substantially similar temporary signs. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. 160-9 9.160: SIGNS G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post more than five temporary signs on private or public property which will be visible simultaneously within the boundaries of the City shall make application to the Community Development Department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a refundable deposit as established by City Council Resolution shall be paid in conjunction with the issuance of the sign permit. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the Community Development Department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Community Development Department's receipt of a temporary sign permit application, the Community Development Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or disapprove any permit application for temporary signs based on character, location, and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this Section. b. The Director's decision with respect to a permit application for a temporary sign may be appealed to the Planning Commission. H. Maintenance and Removal of Temporary Signs. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the City determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the City fords that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the City shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to Subsection F of this Section, that the temporary sign is in violation of this Section, 160-10 t------ --- -- 9.160. SIGNS shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the City cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefor fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the City may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the City. 9.160.070 Permitted Semi -Permanent Signs. A. Definition. "Semi -permanent sign" means a non -illuminated sign which requires a sign permit and which is intended to be erected or posted for a minimum of 61 days and a maximum of one year. B. Maximum Time Periods. No semi -permanent sign shall be posted for more than one year. In addition, all semi -permanent signs shall be removed within ten days after the occurrence of the event, if any, which is the subject of the semi -permanent sign. (For example, a semi -permanent sign advertising the future construction of a facility on the site shall be removed within ten days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be _ removed within ten days after the model homes are completed and sold). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign. C. Maximum Sign Area. semi -permanent signs may not exceed 32 square feet in area. The aggregate area of all semi -permanent signs placed or maintained on any parcel of real property in one ownership shall not exceed 64 square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Free-standing semi -permanent signs shall not exceed eight feet in height. Semi -permanent signs which are posted, attached or affixed to multiple -floor buildings shall not be placed higher than the finish floor line of the second floor of such buildings and such signs posted, attached or affixed to single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign. E. Maximum Number. In no case shall the number of signs on any parcel exceed 10. F. Placement Restrictions. Semi -permanent signs may not be posted on public property, as defined in Section 9.160.130QQ. Semi -permanent signs may not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. Temporary signs may not be posted on sites approved for semi -permanent signs unless specifically authorized by the semi -permanent sign permit. G. Sign Permit Required. Any person, business, campaign organization, or other entity who 160-11 9.160. SIGNS proposes to post or erect a semi -permanent sign shall make application to the Community Development Department for a semi -permanent sign permit. Statement of Responsibility Required. Each applicant for a semi -permanent sign permit shall submit to the Community Development Department a statement of responsibility certifying a natural person who will be responsible for removing each semi -permanent sign for which a permit is issued by the date removal is required, and who will reimburse the City for any costs incurred by the City in removing each such sign which violates the provisions of this Section. 2. Standards for Approval. a. Within ten business days of the Community Development Department's receipt of a semi- permanent sign permit application, the Director shall approve or disapprove such application. If the Director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The Director shall approve or disapprove any permit application for semi -permanent signs based on character, location, and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this Section. b. In any event, no permit application shall be approved which proposes to place in excess of ten semi -permanent signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the City. c. The Director's decision with respect to a permit application for a semi -permanent sign may be appealed to the Planning Commission. H. Time Extensions. The applicant may apply for a time extension of up to one year from the date of expiration. The Community Development Director shall approve the application for an extension of time upon fording that the semi -permanent sign is otherwise in compliance with the requirements of this Section and that the time extension is necessary to accomplish the purposes for which the semi- permanent sign has been posted. I. Maintenance and Removal of Semi -Permanent Signs. 1. Maintenance. All semi -permanent signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal. If the City finds that any semi -permanent sign is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this Section, the City shall give written notice to the owner of the semi -permanent sign, or the person who has claimed responsibility for the semi -permanent sign pursuant to Subsection F of this Section, that the semi -permanent sign is in violation of this Section, shall specify the nature 160-12 9.160. SIGNS of the violation, and shall direct the owner of the semi -permanent sign or responsible person to remove or alter such semi -permanent sign. If the City cannot determine the owner of the sign or person responsible therefor, he shall post such notice on or adjacent to each semi- permanent sign which is in violation. If the owner of the semi -permanent sign or the person responsible therefor fails to comply with the notice within five days after such notice is given the semi -permanent sign shall be deemed abandoned, and the City may cause such semi- permanent sign to be removed and the cost thereof shall be payable by the owner or person responsible for the semi -permanent sign to the City. 9.160.080 Semi -Permanent Downtown Village Directional Signs. A. Purpose. To provide vehicular direction to specific businesses which, due to their location within the boundaries of the "Village at La Quinta" Specific Plan area and away from major arterials, are difficult to find. B. Definition. "Downtown Village Directional Sign Panel' means an interchangeable sign panel which does not require a sign permit, mounted on a monument base structure. The sign panels list businesses in the Village at La Quina area. C. Maximum Time Periods. No Downtown Village Directional Sign Panel shall be installed for more than eleven consecutive months out of any 12 month period. The date of installation shall be legibly marked on the lower right hand comer of the face of the sign. D. Monument Base Structure - Size and Standards. Downtown Village Directional Sign Panels shall only be installed in approved monument base structures which conform to the following standards: 1. Structures shall not exceed eight (8) feet in height and six (6) feet in width. 2. Structures shall contain no more than six (6) sign panels per face on side. 3. Structures shall have no more than two faces or sides. 4. Structure shall include, at the top, a decorative cap or sign of maximum two feet six inches high and six feet wide. 5. The base shall be constructed of block, brick, wood, stone, or other similar material. 6. Design, construction, color, and materials of structure and text shall be approved by the Planning Commission. -- 7. No tag, sign, streamer, devise, display board or other attachment may be added or placed upon the structure. 160-13 9.160. SIGNS E. Sign Panel Sue and Standards. Downtown Village Directional Sign Panels which are mounted in the monument base structures shall be eight (8) inches in height and five (5) feet wide, and shall conform to the following standards: 1. The use of said sign panels shall be for the sole identification of any commercial businesses located and operating within the boundaries of the Village at La Quints, Specific Plan area. 2. Each sign panel shall contain the name of the business and a directional arrow on one line. 3. Indirect lighting may be provided as set forth in Section 9.100.150. F. Sign Locations. Five structures shall be allowed with specific locations to be approved by the Planning Commission. The specific location at each intersection shall be approved by the Director of Community Development and the Director of Public Works. The structures may be located in the City's right-of- way. If located in the right-of-way, an encroachment permit shall be obtained from the Director of Public Works. The structures shall be located for maximum readability and traffic/pedestrian safety. G. Installation. The City shall have the discretion to contract with a nonprofit group or non- governmental agency to install and manage the sign panels and structures. Fees may be charged only to the extent necessary to cover costs for installation and subsequent maintenance. The group or agency chosen to administer the Downtown Village Directional Sign Program shall sign a Memorandum of Agreement with the City setting forth the Scope of Responsibilities and Services to be provided. H. Maintenance. The group or agency contracted to install and manage the sign panels and structures shall be responsible for maintaining the panels and structures in good order at all times. Upon request by the City, sign panels and structures shall be repaired and/or maintained within 30-days of said request. Failure to repair/maintain sign panels and structures shall be cause for. City to request removal or to remove. 9.160.090 Sign Permit Review. A. Sign Permit Required Sign permit approval is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering, or displaying any sign on private property within the city, unless the review procedure is exempt under Section 9.160.020 of this Chapter or other provisions of this Chapter. Signs requiring approval shall comply with the provisions of this Chapter and all other applicable laws and ordinances. Signs legally existing prior to the effective date of the ordinance codified in this Chapter shall not require approval until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this Chapter shall apply before a sign permit and/or building permit is issued. 160-14 9.160: SIGNS B. Submission Materials. The following shall be submitted by the applicant to the Community Development Department at the time of permit application unless otherwise modified by the Community Development Director: 1. Completed sign application obtained from the City; 2. Appropriate sign plans with number of copies and exhibits as required in the application; 3. Appropriate fees as established by City Council resolution; 4. Letter of consent or authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected. 5. Sign plans with the following information: a. Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method; b. Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy, and method of illumination indicated for each; c. Building elevations with signs depicted (for building -mounted signs). C. Review Procedures: Standard Sign Application. 1. The standard sign application is used by the Community Development Department to process the following sign applications using the standards and provisions contained in this Chapter. a. Two or less permanent signs; b. Signs in conformance with a previously approved planned sign program pursuant to Subsection D of this Section. 2. The Community Development Director or other authorized staff member shall review standard sign applications and shall make a determination to either approve, approve with modification, or deny the application. The review shall consider the size, design, colors, character and location of the proposed signs. 3. A standard sign application shall only be approved after a finding that the proposed sign is consistent with the purpose and intent of this Chapter and the regulations herein. 160-15 9.160: SIGNS D. Review Procedures: Planned Sign Programs. 1. Planned Sign Programs. Planned sign program review per the provisions of this Subsection is required for submissions which: (1) include three or more permanent signs; (2) are in conjunction with review of a site development permit by the Planning Commission; or (3) include a request for a sign adjustment to a sign previously approved under a planned sign program. 2. The Planning Commission shall make a determination to either approve, approve with modifications, or deny planned sign program applications in conjunction with its review of the associated development project; 3. The Planning Commission, upon completion of its review, may attach appropriate conditions to any sign program approval. In order to approve a planned sign program, the Commission must find that: a. The sign program is consistent with the purpose and intent of this Chapter; b. The sign program is in harmony with and visually related to: (1) All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape. (2) The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified. (3) Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. 4. Modification of signs within a previously -approved sign program shall be reviewed by the Community Development Director and approved by the Planning Commission under the same procedures as review of a new planned sign program. E. Sign Adjustments. Adjustments to planned sign programs to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination, or additional height may be granted by the Planning Commission. Applications for sign adjustments shall be submitted in writing on forms provided by the Community Development Director. The Planning Commission shall make on or more of the following findings in conjunction with approval of a sign adjustment: 1. Additional Area: a. To overcome a disadvantage as a result of an exceptional setback between the street and the 160-16 9.160. SIGNS sign or orientation of the sign location; b. To achieve an effect which is essentially architectural, sculptural, or graphic art; c. To permit more sign area in a single sign than is allowed, but less than the total sign area allowed on the site, where a more orderly and concise pattern of signing will result; d. To allow a sign to be in proper scale with its building or use; e. To allow a sign compatible with other conforming signs in the vicinity; f. To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot. 2. Additional Number: To compensate for inadequate visibility, or to facilitate good design balance. 3. Alternative Locations: a. To transfer area from one wall to another wall or to a free-standing sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback; b. To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement; c. Additionally, alternative on -site locations may be granted in order to further the intent and purposes of this Chapter or where normal placement would conflict with the architectural design of a structure. 4. Alternative Type of Sign: To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site. 5. Additional Height: To permit additional height to overcome a visibility disadvantage. F. Disposition of Plans. 1. When revisions to sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the Community Development Department to be stamped "Approved." The department will retain copies and a set will be returned to the applicant. 2. After approval is granted, it shall be the responsibility of the applicant to submit all required 160-17 9.160: SIGNS applications, plans, bonds, and fees to the Building and Safety Department and the Community Development Department for issuance of the building permit. G. Sign Permit Expiration and Time Extensions. 1. Approval of a standard application or planned program application shall expire one year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the Director for an extension of up to one year from the date of expiration. The Director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the Director finds that there has been a substantial change in circumstances. 2. The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign. 3. A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees such that the sign would not be permitted per this Chapter under the new circumstances. H. Appeals. Any decision of the Community Development Director made pursuant to this Chapter may be appealed to the Planning Commission and decisions of the Planning Commission may be appealed to the City Council. The appeal must be made within 15 calendar days of the decision date, in accordance with Section 9.160.120. 9.160.100 Prohibited Signs. The signs and displays listed in this Section are prohibited. Such signs are subject to removal by the City at the owner's or user's expense. Prohibited signs include the following: 1. Any sign not in accordance with the provisions of this Chapter; 2. Abandoned signs; 3. Rotating, revolving, or otherwise moving signs; 4. Trailer signs and other signs with directional arrows affixed to vehicles which are used exclusively or primarily for advertising, unless specifically permitted. 5. Flags, pennants, streamers, spinners, festoons, windsocks, valances, or similar displays, unless specifically permitted in this Chapter; 160-18 9.160: SIGNS 6. Animated or flashing signs; 7. Portable signs, unless specifically permitted in this Chapter; 8. Off -premise signs, unless specifically permitted in this Chapter; 9. Billboards or outdoor advertising signs; 10. Signs which identify or advertise activities which are illegal under federal, state, or local laws in effect at the location of such signs or activities; 11. Building -mounted signs placed on or above the roof or above the eave line of any structure; 12. Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal; 13. Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic -control sign, signal, or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal device; 14. Signs that create a potential safety hazard by obstructing clear view of pedestrian or vehicular traffic; 15. Signs located upon or projecting over public streets, sidewalks, or rights -of -way (unless specific approval has been granted); 16. Signs attached to utility poles or stop signs or other municipal sign structure. 17. Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethered or not, except as otherwise permitted by a Temporary or Special Outdoor Event permit. 18. Signs located closer to overhead utility lines than the minimum distance prescribed by California law, or by the rules duly promulgated by agencies of the state or by the applicable public utility. 19. "For Sale" signs affixed to vehicles parked on public right-of-way or on any vacant property. 20. Neon signs, except those specifically approved as an activity's major identification sign; 21. Signs drawn or painted onto or otherwise affixed to trees or rocks unless specifically permitted in this Chapter; fI112M 9.160. SIGNS 22. Advertising statuary; 23. Any temporary sign or banner, unless specifically permitted in this Chapter; 9.160.110 Nonconforming Signs. A. Nonconforming Signs. 1. Every legal sign in existence on the effective date of this Code which does not conform to the provisions of this Chapter but which was in conformance with City sign regulations in effect prior to said effective date, shall be deemed a nonconforming sign and may be continued and maintained provided: a. The sign is properly maintained and does not in any way endanger the public; and b. The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this Chapter. 2. No nonconforming sign shall be changed to another nonconforming sign, changed in any manner that increases the sign's noncompliance with the provisions of this Chapter, nor expanded or structurally altered so as to extend its useful life. This restriction does not preclude change of sign copy or normal maintenance. 3. Any nonconforming sign which is damaged or destroyed beyond 50 percent its value shall be removed or brought into conformity with the provisions of this Chapter. The determination whether a sign is damaged or destroyed beyond such 50 percent of value shall rest with the Community Development Director and shall be based upon the actual cost of replacing said sign. 4. The burden of establishing a sign as legally nonconforming under this Section rests upon the person or persons, firm or corporation claiming legal status for a sign. 9.160.120 Enforcement, Sign Removal, and Abatement. A. Enforcement Responsibility. It shall be the duty of the Director or the Director's authorized representative to enforce the provisions of this Chapter. B. Illegal and Abandoned Signs. 1. Illegal Signs. Any sign which does not have a required permit or which otherwise violates applicable provisions of this Chapter shall be deemed illegal. If the Director determines a sign to be illegal, the Director may order the property owner and/or sign owner to remove the sign 160-20 9.160. SIGNS or may require other actions to ensure compliance with this Chapter. Further, in order to discourage the erection of signs without a permit, the Director may require that such illegally - erected signs be removed prior to review. If the Director determines that such removal is not feasible, such illegal signs shall be subject to a tripled sign permit application fee in conjunction with sign review. 2. Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or which pertains to a time, event or purpose which no longer applies shall be deemed abandoned. Such signs shall be removed within 90 days after the associated enterprise or occupant has vacated the premises or within 90 days after the time, event, or purpose which no longer applies has ended. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal per SSectionn 'E- C. Unsafe Public Signs. Any sign deemed by the City to be a danger to the public under any applicable ordinance or other statute shall be repaired or altered to as to be deemed safe by the City or shall be removed pursuant to�Section. ` co D. Expired Temporary and Semi -Permanent Signs. A temporary or semi -permanent sign which remains posted beyond the time limits set out therefor in Sections 9.160.060H and 9.160.070I respectively shall be removed. E. Abatement and Removal of Signs. 1. Abatement Procedures. Any illegal or abandoned sign may be deemed to be a public nuisance that poses an immediate danger to the health, safety and welfare of the community by creating an obstruction to circulation, including, but not limited to, vehicular and pedestrian. The owner of the sign shall be responsible and liable for the removal and disposition of the sign. a. Abatement. Upon discovering the existence of an illegal sign, the Director shall have the authority to order the immediate abatement and removal thereof. The Director shall notify the owner thereof, or the owner's representative, in person or by mailing an owner's representative in person or by mailing an abatement notice to the owner's last known address. Such notice shall state the time limit, if any, granted for removal of the sign and the statement that the Director shall remove the sign after the stated time, the procedure for retrieving a removed sign, and a statement that the owner may request a hearing to appeal the abatement and removal by submitting a written request. The amount of time stated for removal of a sign may be reduced or eliminated if the Director determines that the illegal sign constitutes an immediate danger to the health, safety, and welfare of the community or is a safety hazard. 160-21 9.160. SIGNS b. Hearings. 1) Any sign removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 30 days after such removal and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing to appeal has been requested, a determination is made at such hearing that the fees shall be waived. The administrative fees for the removal and storage of the sign shall be established or modified by resolution of the City Council and shall include the actual cost of removal and storage of any sign plus the proportional share of administrative costs in connection therewith. 2) Any hearing to appeal an abatement order which is requested shall be conducted within five working days of the receipt of the request by the City Manager, who should be designated as the hearing officer. The failure of either the owner or his agent to request a hearing shall waive the right to a hearing. At the hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the sign. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the sign, the owner or his agent shall have 15 days from the date of the hearing to retrieve his sign upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the sign, the administrative fee shall be waived and the owner of this agent shall have 15 days to retrieve his sign. c. Disposition. Any sign not retrieved by its owner within 30 days after delivering or mailing the abatement notice when such owner has not requested a hearing to appeal, or within 30 days of storage of the sign by the City in all other cases, shall be deemed to be permanently abandoned and may be disposed of by the City. F. No City Liability. Neither the City nor any of its agents shall be liable for any damage to a sign which is removed under this Section. G. Legal Action. In response to any violation of the provisions of this Chapter, the City may elect to file a criminal complaint against the violator, issue a citation to the violator for an "infraction" pursuant to California Government Code Section 36900, or institute a civil action in a court of competent jurisdiction. 9.160.130 Sign Definitions. For the purposes of this Chapter, words and phrases relating to signs shall be defined as follows: A. "Abandoned sign" means a sign which is located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant 160-22 9.160. SIGNS or business, or a sign which pertains to a time, event or purpose which no longer applies. B. "Accessory sign" means a sign whose copy refers to the products, facilities, or services available on the premises. C. "Advertising statuary" means an imitation or representation of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used to identify or advertise a product or service. D. "Advertising vehicles" means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this prohibition. E. "Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags. F. "Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools, such as a theater marquee, and which refers to products, services, or coming events on the premises. G. "Banner" or "banner sign" means a sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind. H. "Billboard means an off -premise sign with changing advertising copy or other changing copy. I. 'Bulletin board" means a board, kiosk, or wall area on which are affixed personal notices, lost - and -found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term bulletin board shall not include business identification signs or attraction boards. I 'Building -mounted sign" means a sign affixed to a building, painted directly on a wall, or erected against the wall of a building. Building -mounted signs include awning signs, fascia signs, mansard roof signs, wall signs, window signs, projecting signs, and under -canopy signs,. K. 'Business" means a commercial, office, institutional, or industrial establishment. 160-23 9.160. SIGNS L. "Canopy" means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground. M. "Construction sign" or "future facility construction sign" means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the project, the developer, contractor, financing source, future occupant(s), and other information directly related to the development. A. "Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign. B. "Development" means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. C. "Directional sign" means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy. (Examples are: "one-way," "entrance," "exit," "parking in rear," "15 miles per hour," "no left turn"). D. "Director" or "Community Development Director" means the Community Development Director for the City of La Quinta or the Director's authorized agent or representative. E. "Electronic message board sign" means a sign with a fixed or changing display composed of a series of lights, but does not include time and temperature displays. F. "Exempt sign" means a sign which is designated in this Code as not subject to certain regulations. G. "Face of building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts. H. "Fascia" means a parapet -type wall used as part of the fascia of a flat -roofed building and projecting not more than six feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three sides of the projecting flat roof and return to a parapet wall or the building. 160-24 9.160. SIGNS I. "Flag" means a visual display device without copy, made of flexible material, usually cloth, paper, or plastic. J. "Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service message center signs. K. "Free-standing sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs, and ground signs. L. "Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to announce sale of a used item or items. M. "Identification sign" or "ID sign" means a sign whose copy is limited to the name and address of a building, business, office, establishment, person, or activity. N. "Illumination" means the method by which a sign is lighted so as to be readable at night. The following types of illumination are provided for in this Chapter: 1. "Direct illumination" means the lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face. 2. "Indirect illumination" means the lighting of an opaque sign face from a light source mounted in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lights mounted into the copy and shining rearward onto the face to form a lighted "halo" around the copy (e.g. "reverse channel" letters). O. "Landscaping" means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy. All landscape areas shall be maintained in a healthy and viable condition for the life of the sign. P. "Logo" means a trademark or symbol of an organization. Q. "Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mansard roof' is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty degrees or greater with the horizontal plane. R. "Monument sign" means a free-standing sign mounted on a low -profile solid base or a fence, or a free-standing wall, as distinguished from support by poles. 160-25 9160. SIGNS S. "Multiple -building complex" means more than one structure on a parcel of land housing commercial uses in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing, characteristics of a multiple -building complex may, but need not, include common ownership of the real property upon which the center is located, common -wall construction, and multiple -tenant commercial use of a single structure or structures in multiple buildings. T. "Multiple -tenant (commercial) building" means a commercial development in which there exists a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple -tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common -wall construction, and multiple -occupant commercial use of a single structure. U. "Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure. V. "Off -premise sign" means a structure which bears a sign which is not appurtenant to the use of the property where the sign is located or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Some temporary signs are not defined as off -premises signs as used within this Chapter. W. "On -premise sign" means a sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located. X. "Parapet wall" means a wall extending above the roof plane of the building. Y. "Permanent sign" means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in this Chapter. Z. "Political campaign sign" or "political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies. AA. "Portable sign" or "mobile sign" means a sign made of any material, which, by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign. (Also includes 160-26 9.160. SIGNS sidewalk or sandwich board signs). BB. "Projecting sign" means any "sign with two parallel faces no more than eighteen inches apart projecting twelve inches or more from the wall or eaves of a building. No guy wires, braces, or secondary supports are visible. CC. "Private Property" means any property other than public property. DD. "Public Property" means any real or personal property in which the City or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public property shall include, without limitation, any street, sidewakc, curb, curbstone, street lamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park, or other publicly owned property or structure. EE. "Public service message center sign" means an electronically or electrically controlled sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix. FF. "Real estate sign" means a sign advertising the sale, lease or rent of the property upon which it is located and the identification of the person or firm handling such sale, lease or rent. GG. "Roof sign" means any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building. HH. "Seasonal sales sign" means a sign used to advertise a business or merchandise held seasonally for a limited interval, all or most of whose business is conducted or whose merchandise is displayed in an outdoor area. II. "Sign" means any medium for visual communication, including but not limited to words, symbols and illustrations, together with all parts, materials, frame and background, which is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. JJ. "Sign area" means the following: 1. Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including non- structural perimeter trim but excluding structures or uprights on which the sign is supported. 2. Window Signs. Window sign area shall be considered to be the entire area of any sign placed 160-27 9.160. SIGNS on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following. 3. Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters. 4. Double -Faced Signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 sq.ft., a double-faced sign may have an area of 20 sq.ft. per face. 5. Three -Dimensional Signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has 4 faces and the maximum permitted sign area is 20 sq.ft., the maximum allowable area for each face is only five sq/ft. 6. Separated -Panel Signs. The sign area of open or separated panel signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels. KK. "Sign face" means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy. LL. "Sign height", "height of sign", or "height" means the following: 1. For building -mounted signs, the distance from the average finish grade directly beneath the sign to the top of the sign. 2. For free-standing signs, the distance from top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the Director determines that a free-standing sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign. MM. "Sign permit" means an entitlement from the City to place or erect a sign. NN. "Sign program" means the method of review and approval of signs by one of the following two procedures: 1. Standard sign application. The review and approval of standard sign applications for is 160-28 9.160: SIGNS conducted by the Community Development Director consistent with the regulations and standards as identified for various signs in this Chapter. 2. Planned sign program. The review and approval of applications for signs under this program is conducted by the Planning Commission. The Planning Commission may exercise discretion to provide additional flexibility in the application of the regulations of this Chapter. 00. "Sign structure" means the structural supports, uprights, and bracing for a sign. PP. "Special event sign" means a sign used to announce a circus, carnival, festivals or other similar events. QQ. "Subdivision sign" means a sign containing the name, location or directions to a builder, developer, and pertinent information about a subdivision for which there is a properly approved and recorded map and in which homes remain to be constructed or initially sold. RR. "Under -canopy sign" means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling, or marquee. SS. "Wall sign" means a sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs or advertising displays in or on windows are not considered wall signs. TT. "Window sign" means any sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. 160-29 CHAPTER 9.170: COMMUNICATION TOWERS AND EQUIPMENT $ections: 9.170.010 Purpose ....................................... 170-1 9.170.020 Definitions ..................................... 170-1 9.170.030 Where Permitted ............................... 170-2 9.170.040 Applicability ................................... 170-2 9.170.050 Exemptions .................................... 170-3 9.170.060 Approval Standards ............................. 170-3 9.170.070 Applications for New Towers or Additions .......... 170-6 9.170.080 Nonionizing Radiation Standards .................. 170-9 9.170.010 Purpose. The purpose of this Chapter is to address the following concerns: A. To minimize adverse visual effects of towers and accessory buildings through careful design, siting and vegetative screening; B. To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; C. To lessen traffic impacts on surrounding residential areas; D. To maximize use of any new transmission tower to reduce the number of towers needed; E. To limit radiation emitted by telecommunications equipment so that it will not adversely affect human health; and, F. To allow new transmission towers in urban residential areas only if a comparable site is not available outside urban residential areas. 9.170.020 Definitions. A. For the purpose of this Chapter, certain words and terms used herein are defined as follows: B. When not inconsistent with the context, words used in the present tense include the future tense; words in the singular number include the plural number and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The word " may" is permissive. 1. Effective Radiated or Irradiated Power (ERP or EIRP). The power input to the antenna multiplied by the numerical power gain of the antenna relative to the dipole or isotropic radiator, respectively. 2. General Population. People who are not members of the family or employees of the owner or operator of a source of VIER or the owner or other users of the site of an VIER source 170-1 9.170. COMMUNICATION TOWERS AND EQUIPMENT 3. Hand -Held Source. A transmitter normally operated while being held in the hands of the user. 4. Height of Antenna Above Grade or Ground. The vertical distance between the highest point the antenna and the natural grade directly below this point. 5. Highest Calculated NIER Level. The NIER predicted to be highest with all sources of NIER operating. 6. Intermittent. A radio transmitter that normally operates randomly and for less than 15 continuous minutes 7. Nonionizing Electromagnetic Radiation (NIER). The lower portion of the electromagnetic spectrum; includes household electrical current, radio, television, and microwave communications, radar, and visible light. NIER is insufficient to ionize living tissue, causes thermal effects, and may cause nonthermal effects. 8. Portable Source. Transmitters and associates antennas that are moved from one point to another and operated at each location less than one month at a time. 9. Shared Capacity. That capacity for shared use whereby a tower can accommodate several users simultaneously. Tower height, antenna weight, design, and the effects of wind are prime determinants of capacity. 10. Sole -Source Emitter. One or more transmitters only one of which normally transmits at a given instant. 11. Source of Nonionizing Electromagnetic Radiation. A source of NIER emitting between 1 OOkHz and 300 GHz with an ERP or EIRP of more than one watt. 12. Transmission Tower. A structure principally intended to support a source of NIER and accessory equipment related to telecommunications 13. Vehicular Source. A transmitter regularly used in vehicles that normally move about. 9.170.030 Where Permitted. Television, radio, and microwave towers and related equipment are permitted in any zone with a conditional use permit approved pursuant to Section 9.210.020. 9.170.040 Applicability. The following antenna equipment is permitted subject to the provisions of this Chapter: A. VHF and UHF television. B. FM radio. C. Two-way radio. D. Common carriers. E. Cellular telephone. F. Fixed-point microwave. G. Low -power television. H. AM radio. I. Specialized mobile radio. 170-2 9.170: COMMUNICATION TOWERSAND EQUIPMENT A source of nonionizing radiation can be attached to an approved tower or structure in any zone if the Community Development Director finds the source complies with the provisions of Section 9.170.080. 9.170.050 Exemptions. The following uses are exempt from this Chapter but may be regulated by other sections of the Municipal Code: A. Portable, handheld, and vehicular transmissions. B. Industrial, scientific, and medical equipment operating at frequencies designated for that purpose by the FCC; C. A source of nonionizing electromagnetic radiation with an effective radiated power of seven watts or less; D. A sole -source emitter with an average output of one kilowatt or less if used for amateur purposes; E. Marketed consumer products, such as microwave ovens, citizens band radios, and remote control toys; F. Goods in storage or shipment or on display for sale, provided the goods are not operated except for occasional testing or demonstration G. Amateur or "ham" radio equipment; and H. Satellite receiving dishes regulated by Sections 9.60.080 and 9.100.070. 9.170.060 Approval Standards. A. Existing or approved towers shall not accommodate the proposed telecommunications equipment if: 1. Planned equipment would exceed the structural capacity of existing and approved towers, considering existing and planned use of those towers, and existing and approved towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost. 2. Planned equipment will cause RF interference with other existing or planned equipment for that tower, and the interference cannot be prevented at a reasonable cost. 170-3 9.170. COMMUNICATION TOWERS AND EQUIPMENT 3. Existing or approved towers do not have space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or approved by the City. 4. Addition of the planned equipment to an existing or approved tower would result in VIER levels in excess of those permitted under Section 9.170.080. 5. Other reasons that make it impracticable to place the equipment planned by the applicant on existing and approved towers. B. Proposed towers or structures shall be set back from abutting residential parcels or public property or street sufficient to: 1. Contain all debris from a tower failure on the tower site. 2. Protect the general public from VIER in excess of that allowed in Section 9.170.080. 3. Preserve the privacy of adjoining property. The site is of sufficient size to comply with this standard in other ways if: a. Accessory structures comply with the setback standard in the underlying district. b. The tower base is set back from abutting parcels or streets by a distance equal to the heights of the tower plus twenty-five (25) feet c. Guy wire anchors shall be set back twenty-five (25) feet from any property lines. C. The proposed tower is set back from other on -site communication or transmission towers and supporting structures far enough so one tower will not strike another tower or support structure if a tower or support structure fails. D. The proposed tower shall be designed structurally to accommodate the maximum number of foreseeable users. 1. The City may reduce the required shared capacity of a tower: a. If fewer or different telecommunications equipment should be accommodated based on: the number of FCC licenses foreseeable available for the area; kind of tower site or structure proposed; the number of existing and potential licensees without tower space; and space available on existing and approved towers; or b. If a tower necessary to provide for such sharing dominates and/or alters the visual character of the area adversely. 170-4 9.170. COMMUNICATION TOWERS AND EQUIPMENT 2. Generally antennas on a shared tower will be arranged as follows, except as needed to prevent electromagnetic interference or to accommodate topographic or other physical or functional constraints: a. Transmitting and receiving equipment serving similar kinds of uses shall be placed on a shared -use tower so one of the users in a group can operate roughly equal to other users in the group with similar equipment. b. Generally a TV tower will have two side -mounted and one top -mounted TV antenna or one top -mounted, one mounted below it, and one side -mounted. Triangular, T-shaped, or other platforms or candelabra may be used if required telecommunications equipment cannot be mounted as safely or economically without such structures. c. Microwave transmitters and receivers and FM and two-way radio antennas can be placed anywhere on a tower above surrounding obstacles. 3. The letter of intent to lease space on a tower complies with Section 9.170.070. E. The tower shall have the least practicable adverse visual effect on the environment. A tower complies with this standard if it complies with the following: 1. If it is painted silver or light blue above the top of surrounding trees and is painted green below treetop level or sand color if in open desert area. 2. All Federal Aviation Administration requirements. 3. Towers shall not be artificially lighted unless required by the FAA or State aeronautics division. 4. Towers shall be the minimum height needed to comply with Paragraph D.2.a of this Section. 5. Towers over 150 feet in height shall be guyed unless the City finds that a guyed tower would have a greater negative effect on the visual environment. 6. Towers shall not be located within primary image corridors as indicated in the General Plan. F. Traffic associated with the facility shall not adversely affect abutting streets. Vehicular access shall be limited to a collector street if the site adjoins both a collector and local street. G. At least two off-street parking spaces shall be provided for service vehicles. H. Existing on -site vegetation shall be preserved to the maximum extent practicable. 170-5 9.170. COMMUNICATION TOWERS AND EQUIPMENT I. Where the site abuts residential parcels or public property or street, the site perimeter shall be landscaped as follows: 1. For all towers, at least one row of evergreen shrubs such as yellow oleander, Cape Honeysuckle, or other approved plants capable of forming a continuous hedge at least five feet in height within two years of planting shall be spaced not more than five feet apart within 15 feet of the site boundary 2. For a tower greater than 150 feet tall, at least one row of evergreen trees with tree trunk not less than 1 1/2 inches diameter measured three feet above grade, and spaced not more than 20 feet apart and within 25 feet of the site boundary must be planted. I Within 25 feet of the site boundary for a tower less than 200 feet tall, and within 40 feet of the site boundary for a tower more than 200 feet tall, at least one row of evergreen trees or shrubs, at least four feet high when planted and spaced not more than 15 feet apart. 4. Vegetation, topography, walls, fences, and features other than those listed above may be used if the City finds that they: a. Achieve about the same degree of screening. b. Do not affect the stability, security, or maintenance of the guy wires. c. Are needed for surveillance and security of structures. d. Are used for continued operation of agricultural uses. I Accessory facilities in a residential district may not include offices, long-term vehicle storage, other outdoor storage, or broadcast studios, except for emergency purposes, or other uses that are not needed to send or receive transmissions, and in no event may exceed 25 percent of the floor area used for transmission equipment and functions. K. The proposed use shall comply with the applicable policies of the General Plan. L. The proposed use shall be consistent with applicable Federal and State regulations, based on the applicant's good faith effort to provide the information required in Subsection 9.170.070-D. M. All tower installations shall be required to have engineering supervision during construction phases. 9.170.070 Applications for New Towers or Additions. An application for approval of a transmission tower shall include the following: A. A site plan or plans drawn to scale and identifying the site boundary; tower(s); guy wire IKOIR 9.170: COMMUNICATION TOWERS AND EQUIPMENT anchors; existing and proposed structures; vehicular parking and access; existing vegetation to be 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. A report from a California registered structural engineer. The report shall: 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 standard; 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 Subsections 9.170.060.D.1 through D.2; and 5. Demonstrate that the proposed sources of NIER will comply with Section 9.170.080. D. 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 Community Development Director. E. Evidence that the tower complies with Subsections 9.170.060D.1 through D.3 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 Subsections 9.170.060.D. I through D.2. 1. A letter of intent shall commit the tower owner and his or her successors in interest to: a. Respond in a timely, comprehensive manner to a request, required under Subsection 9.170.060.A, for information from a potential shared -use applicant; the tower owner may charge a party requesting information under Subsection 9.170.060.A to pay a reasonable fee not in excess of the actual cost of preparing a response. b. 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 170-7 9.170: COMMUNICATION TOWERS AND EQUIPMENT with other parties. e. Allow shared use if an applicant agrees in writing to pay charges and to comply with conditions described in Subsection 9.170.070.E.1.D. d. Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a prorata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference or causing uses on the site to emit VIER in excess of levels permitted under Section 9.170.080. 2. If a new tower is approved, the applicant shall demonstrate that the letter of intent is recorded with the County Recorder before a building permit is issued. F. Written authorization from the owner of the site of the tower; a description of the guy wire anchors, and other features associated with the use. G. Evidence that it complies with Subsection 9.170.060.A: 1. The applicant shall contact the owners of all existing or approved towers within the City of La Quinta with a top elevation like or higher than that proposed, except owners of those towers presumed unable to accommodate the proposed antenna 2. The applicant shall provide each contacted owner with the engineer's report required under Subsection 9.170.070.C. 3. The applicant shall request each contacted owner to: a Identify the site by address and legal description. b. Describe tower height and existing tower users. c. Assess whether the existing tower could accommodate the antenna to be attached to the proposed tower without causing structural instability or electromagnetic interference d. If the antenna to be attached to the proposed tower cannot be accommodated on each existing tower, assess whether the existing tower could be structurally strengthened or whether the antennas, transmitters, and related equipment could be protected from electromagnetic interference and generally describe -the means and projected cost of shared use of the existing tower. 170-8 9.170. COMMUNICATION TOWERS AND EQUIPMENT H. Evidence that a tower cannot practicably be accommodated at a particular site shall be provided as follows: 1. The applicant shall contact the owners of all existing or approved towers if the base elevation of an existing or approved tower site is about the same or higher than the base elevation of the proposed site except owners of those towers presumed unable to accommodate the proposed antenna. 2. The applicant shall request each contacted owner to: a. Identify the site by address and legal description. b. Assess whether the site could accommodate the proposed tower without changing an existing or approved tower. c. If the proposed tower cannot be accommodated on each existing tower site, assess whether the existing tower site could be changed to accommodate the proposed tower, and generally describe the means and projected cost of shared use of the existing tower site. 3. If the proposed site is located in an urban residential area, the applicant shall provide evidence showing that there is no comparable site outside the urban residential area. I. Other information as requested by the Community Development Director. 9.170.080 Nonionizing Radiation Standards. A. A new source of nonionizing electromagnetic radiation (VIER), when combined with existing sources of NIER, shall not expose the general public to ambient radiation exceeding the mean squared electric or magnetic field strengths, or their equivalent plane -wave free -space power density, for the frequency ranges and durations described in Table 9-20 and Paragraphs B through D of this Section; provided that within 90-days after a Federal or State NIER emission or measurement standard is adopted, the Community Development Director shall schedule a hearing before the Planning Commission to consider whether the standards described herein should be changed. 170-9 9.170: COMMUNICATION TOWERS AND EQUIPMENT TABLE 9-20: MAXIMUM PERNIISSIBLE EXPOSURE WE) TO NIER LEVELS FOR UNCONTROLLED>ENVIRONMENTS Frequency Range (MHZ) Electric Field Strength E(V/m) Magnetic Field Strength H''(Alm)' Power Density (S) E-field; H-field (mW/CM2) 0.003 to 0.1 614 163 (100:1,000,000)* 0.1 to 1.34 614 16.3/f (100:10,000)* 1.34 to 3.0 823.8/f 16.3/f (180/f1:10,000f) 3.0 to 30 823.8/f 16.3/f (180/f1:10,000g) 30 to 100 27.5 158.3/P-6"f (0.2: 940,000/P.36)* 100 to 300 27.5 0.0729 0.2 300 to 3000 - - f/1500 3000 to 15,000 - - f/1500 15,000 to 300,000 - - 10 Notes: f = frequency in megahertz (MHZ) E = electric field H = magnetic field V/m = volts per meter A/m = amperes per meter mW/cmZ = milliwatts per centimeter squared * These plane -wave equivalent power density values, although not appropriate for near -field conditions, are commonly used as a convenient comparison with MPEs at higher frequency and are displayed on some instruments in use. Source: IEEE C95.1-1991 B. Before establishing a new source of NIER or changing an existing VIER source in a way that increases the amount of radiation pattern of NIER, an applicant shall submit the following information certified by a California registered electrical engineer: 1. The name and address of the owner of the transmitter and antenna -- 2. The location of the antenna, including address, geographic coordinates, and height above grade. 170-10 9170: COMMUNICATION TOWERSAND EQUIPMENT 3. The manufacturer, type and model of antenna and antenna radiation patterns to the extent available. 4. Frequency and output of transmitter and direction of transmission. 5. Power input to antenna and gain of antenna with respect to isotropic radiator. 6. Type of modulation and class of service. 7. Except for uses approved under Paragraph C of this Section, a scaled map and exhibits showing the following: a. Horizontal and radial distance from the NIER source to the nearest point on the property line, the nearest habitable space regularly occupied by people other than those residing or working on the site, and the points on the property and off the property with the highest calculated NIER levels and elevations above sea level at those points. b. Ambient NIER levels in the frequency range of the proposed source measured at the tour four points identified as provided in Paragraph B.7.a of this Section. Calculated, NIER levels after establishment or change of the proposed source at the tour points identified in Paragraph B.7.a of this Section. 8. If the calculated NIER level at any of those points listed in Paragraph B.7.a of this Section is more than one-third the maximum NIER level permitted under this Section 9.170.080, the proposed NIER source can be approved only subject to the conditions that the applicant measure NIER levels at those points after the source is established or changed, and that such measurements show the use complies with, or is changed to comply with this Section 9.170.080. C. A commercial, intermittent, sole -source emitter with less than one kilowatt averaged output over time may be approved without calculating or measuring NIER if the antenna or the emitter complies with the following separation standards. 1. An antenna with an effective isotropic radiated power of less than 100 watts is at least three feet from the exterior of a habitable structure other than a structure on the site of the antenna and the highest point of the antenna is at least 10 feet from that exterior surface. 2. An antenna with an effective isotropic radiated power between 100 and 1,000 watts is at least six feet from the exterior of a habitable -structure other than a structure on the site of the antenna and the highest point of the antenna is at least 15 feet from the exterior surface. 170-11 9.170. COMMUNICATION TOWERS AND EQ UIPMENT 3. An antenna with an effective isotropic radiated power between 1,000 and 10,000 watts is separated from the exterior of a habitable structure other than a structure on the site of the antenna as shown in Table 9-21: 4. An antenna with an effective isotropic radiated power between 10,000 and 30,000 watts is separated from the exterior of a habitable structure other than a structure on the site of the antenna as shown in Table 9-22: D. Measurements shall be made according to commonly accepted engineering practice, using 170-12 9.170. COMMUNICATION TOWERS AND EQUIPMENT NIER measurement equipment generally recognized as accurate to measure NIER at frequencies and power levels of the proposed source and existing ambient RF sources. ANSI standard C95.3-Techniques and Instrumentation for the Measurement of Potentially Hazardous Electromagnetic Radiation at Microwave Facilities, is one acceptable method of measuring NIER. The effect of contributing sources of NIER below the lower frequency limit of a broad band measuring instrument may be included by separate measurement of these sources. NIER levels of less than 20 microwatts/square centimeter or the minimum sensitivity of the instrument being used, whichever is less, shall be treated as zero. 1. Measurements are made at a height of two meters above ground or at a greater height if habitation occurs at a greater height with lesser radial distance to the source. 2. Measurements shall be made when NIER levels are reasonably expected to be highest due to operating and environmental characteristics. 3. Measurements shall be accompanied by exhibits showing: a. The instruments used where calibrated within the manufacturer's suggested periodic calibration interval. b. The calibration method is used by or derived from methods used by the National Bureau of Standards. c. The accuracy of the measurements and certification that the measurements were made in accordance with commonly accepted engineering practice. 170-13 CHAPTER 9.180: TRANSPORTATION DEMAND MANAGEMENT Sections: 9.180.010 Purpose ....................................... 180-1 9.180.020 Definitions ..................................... 180-1 9.180.030 Applicability...............................180-3 9.180.040 Exemptions .................................... 180-4 9.180.050 Minimum Standards ............................ 180-4 9.180.060 TDM Application ............................... 180-6 9.180.070 TDM Review ................................... 180-6 9.180.080 Appeals ....................................... 180-7 9.180.090 Review for Compliance .......................... 180-7 9.180.100 Enforcement and Penalties ....................... 180-8 9.180.110 SCAQMD Compliance ........................... 180-8 9.180.010 Purpose. This chapter is intended to protect the public health, safety and welfare by reducing air pollution, traffic congestion and energy consumption attributable to vehicle trips and vehicle miles traveled. This chapter meets the requirements of Government Code Section 65089(b)(3), which requires inclusion of a trip reduction and travel demand element within a congestion management program (CMP) and Government Code Section 65089.3(a), which requires adoption and implementation of trip reduction and travel demand ordinances by local agencies. No building permit application for any applicable development project shall be accepted, nor shall a building permit be issued by the City unless and until a TDM plan has been approved or an exemption granted pursuant to this chapter. 9.180.020 Definitions. For purposes of this chapter, definitions of the following terms shall apply: A. "Alternative transportation modes" means any mode of travel that serves as an alternative to the single occupant vehicle. This includes all forms of ride -sharing such as carpooling or vanpooling, as well as public transit, bicycling or walking. B. "Applicable development" means any new development project or change of use project that is determined to meet or exceed the employment threshold using the criteria contained in this chapter. An applicable development also includes developments which are owned and/or managed as one unit, such as a business park or shopping center, that also meet or exceed the employment threshold, and may have one or more employers. C. "Bicycle facilities" means any capital improvements which would benefit an employee who rides a bicycle to his or her worksite, including shower facilities, locker facilities, bicycle parking, etc. D. "Change of use" means the alteration of the initial use of a facility to another use not related to — the previous use, after the effective date of the ordinance codified in this chapter, where some discretionary action or approval by the City Council and/or the Planning Commission is required. 180-1 9.180. TRANSPORTATION DEMAND MANAGEMENT (Example: office space changes its use to commercial space.) E. "Developer" means the person or entity which is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing this chapter as determined by the property owner. F. "Employee" means any person employed by an "employer" as defined in this Section. G. "Employment generation factors" refers to factors developed for use by the City for projecting the potential employment of any proposed development project. H. "Employer" means any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity which employs one hundred or more persons at a single worksite within the City, and may either be a property owner or tenant of an applicable development project. I. "Employment threshold" means the number of employees which an applicable development or employer must have for this chapter to apply. I "Minimum standards" means the minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this chapter. K. "Mixed -use development" means new development projects that combine two or more. different uses. L. "New development project" means any nonresidential project being processed where some discretionary action or approval by the City Council and/or the Planning Commission is required. M. "Peak period" means those hours of the business day between seven a.m. and nine a.m. inclusive, Monday through Friday, which this chapter identifies as the priority period for reducing work related vehicle trips. N. "Property owner" means the legal owner of the applicable development and/or the owner's designee (e.g. developer). O. "Ride -share facilities" means any capital improvements which would benefit an employee who rideshares to the worksite, including on -site amenities, preferential parking, and ridesharing drop-off areas at the entrance of the concern P. "Site development plan/permit" means a precise plan of development that may be subject to public hearing before the City Council and/or Planning Commission including without limitation a 180-2 9.180. TRANSPOR TA TION DEMAND MANAGEMENT specific plan, conditional use permit public use permit, or subdivision map. Q. "Transit facilities" means any capital improvements which would benefit an employee who uses any form of transit to travel to the worksite, including transit stops, shelters, bus turnouts, park and ride lots, and other transit amenities. R. "Transportation management association" or "TMA," means a voluntary entity of employers, property owners and other interested parties who share a mutual concern for local transportation problems and have the ability to collectively pool participants' resources to address these issues. A TMA must still satisfy the goals established for individual employers pursuant to this chapter. S. "Transportation demand management" or "TDM" means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single -occupant vehicle such as carpools, vanpools, and transit, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than peak periods. T. "Worksite" means a building or grouping of buildings located within the City which are in physical contact or separated solely by a private or public roadway or other private right-of-way, and which are owned or operated by the same employer (or by employers under common control). 9.180.030 Applicability. A. This chapter shall apply to all new nonresidential development projects and/or change of use projects that are estimated to employ a total of one hundred or more persons as determined by the methodology outlined in Paragraph B of this Section. B. For purposes of determining whether a new development project or change of use project is subject to this chapter, the total employment figure shall be determined as follows: 6 J 4 1. Employment projections developed by the project applicant, subject to approval by the or 2. Employment projections developed by the Community Development Director or the Director's designee using the following employee -generation factors by type of use: Land Use Category Retail/commercial Office/professional Industrial/manufacturing Hotel/motel Hospital 500 250 525 .8 to 1.2 employees/room 300 180-3 9.180. TRANSPORTATIONDEMAND MANAGEMENT C. The employment projection for a development of mixed use or multiple uses shall be calculated based upon the proportion of development devoted to each type of use. 9.180.040 Exemptions. Notwithstanding any other provisions, the following uses and activities shall be exempt from this Chapter: 1. Development projects and change of use projects projected per Section 9.180.030 to employ fewer than one hundred persons; 2. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers; 3. Other temporary activities, as defined in this Code or as authorized by the City when such temporary activities shall discontinue at the end of the designated time period; and 4. Any employer(s) who have submitted to the City an active approved plan under the South Coast Air Quality Management District's (SCAQMD) Regulation XV Program Requirements (Regulation XV). Notwithstanding this provision, projects which are exempt under this Paragraph shall nevertheless comply with Section 9.180.110 (SCAQMD Compliance). 9.180.050 Minimum Standards. A. All applicable new developments and change of use projects shall, concurrent with application to the City for other permits and/or approvals, submit a transportation demand management plan ("TDM plan") prepared by a traffic engineer, transportation planner or other similarly qualified professional identifying traffic impacts associated with the proposed project and including design recommendations and mitigation measures appropriate to address on -site and off -site project impacts. The TDM plan shall be in the form required by SCAQMD Regulation XV, and shall be reasonably calculated to achieve an average vehicle occupancy rate (VOR) of 1.3. The TDM plan shall also indicate specific strategies and guidelines to reduce the number of trips and increase the amount of nonvehicular transportation. B. All property owners of applicable new developments and change of use projects shall be subject to required capital improvement standards as specified in this Section. These standards must be individually addressed to the specific needs and capacity of the applicable development. These required standards may be used to achieve an average vehicle occupancy rate (VOR) of 1.3. Property owners of all applicable developments shall include in their project site development plans provisions to address each of the following capital improvements: 1. Transit facilities (on -site and off -site); 180-4 9.180. TRANSPORTATION DEMAND MANAGEMENT 2. Bicycle facilities; and 3. Rideshare facilities. C. All property owners of applicable new developments and change of use developments shall establish "operational standards" within sixty days after occupancy of the development by an employer. Operational standards shall consist of standards which employers, TMA's or a managing office of an applicable development must implement to achieve the goals of SCAQMD's Regulation XV program. D. The following options may be included in the property owner's TDM plan to fulfill both the capital improvement standards and the operational standards: 1. Alternate work schedules/flex-time: incorporating alternate work schedules and flex -time programs (such as a nine-day/eight-hour or four-day/forty-hour work schedule); 2. Telecommuting: establishing telecommuting or work at home programs to allow employees to work at home or at a satellite work center; 3. Bicycle facilities: providing bicycle parking facilities equal to five percent of the total required automobile parking spaces; and preserve two percent of the gross floor area for employee locker and shower facilities; 4. On -site employee housing and shuttles: providing affordable on -site housing and shuttles to and from residential and work areas; — 5. Preferential parking for carpool vehicles; 6. Information center for transportation alternatives; 7. Rideshare vehicle loading areas; 8. Vanpool vehicle accessibility; 9. Bus stop improvements; 10. On -site child care facilities; 11. Availability of electrical outlets for recharging of electric vehicles; 12. On -site amenities such as cafeterias and restaurants automated teller machines and other services that would eliminate the need for additional trips; 13. Airport shuttle service to hotels and spas; 14. Contributions to funds providing regional facilities such as park -and -ride lots, multimodal transportation centers and transit alternatives in the area; 15. Incentives for mass transit usage including, without limitation, provision of a bus pass, additional pay, or flex -time; 16. Implementation of increased parking fees or new fees; 17. Restriction of business hours; 18. Restriction of delivery hours; 19. Providing a direct pedestrian path from the closest transit stop into the facility; 20. Contributing up to one dollar/square foot to a housing subsidy fund so that affordable housing can be created closer to employer sites; 21. Developing rideshare and shuttle programs at resorts/hotels; 22. Creating a golf cart circulation system; 180-5 9.180. TRANSPORTATIONDEMAND MANAGEMENT 23. If an applicable development is on a current transit route, providing a transit stop, shelter, trash barrels, benches, shade and wind protection, and bus turnouts; 24. If an applicable development is not located on a current transit route, contributing to a fund which will be used to provide transit amenities; 25. Provisions for the implementation of bicycle lanes; and 26. Providing other creative or innovative strategies to reduce vehicle trips. 9.180.060 TDM Application. A. Every application for a TDM plan approval shall be made in writing to the Community Development Director on the forms provided by the Community Development Department, shall be accompanied by a filing fee as set forth in Chapter 9.260 and shall include the following information: 1. Name and address of the applicant; 2. The proposed TDM plan; 3. Such additional information as shall be required by the application form. B. The Community Development Director or the Director's designee shall inform the applicant within thirty days of receipt of the application whether the application is complete. When the application is complete, the Director shall take one of the following actions: If the TDM plan is submitted in conjunction with application(s) for zone change, general plan amendment, site development plan(s)/permit(s), submit the TDM plan to the Planning Commission for its approval if associated with another development application; or 2. If Paragraph B. 1. preceding does not apply, the Community Development Director shall render a decision on the TDM plan in accordance with Section 9.180.070. 9.180.070 TDM Review. A. All applications for approval of TDM plans shall be approved, conditionally approved, or disapproved by action of the Community Development Director or Planning Commission, whichever is applicable, based upon the standards set forth in this chapter, within thirty days after the application is found to be complete. A public hearing shall not be required for any TDM plan application unless it accompanies another permit application(s) which requires such a hearing. In this instance, the applicable time limits governing the requested approvals shall be in effect. B. The following findings must be made when a TDM plan is approved: 1. The TDM plan conforms to all of the requirements of this chapter, the City's General Plan, 180-6 9.180. TRANSPORTATION DEMAND MANAGEMENT applicable specific plans, and with all applicable requirements of state law and the ordinances of this City. 2. The TDM plan is reasonably calculated to provide a vehicle -occupancy rate of 1.3 for the applicable development. 9.180.080 Appeals. A. Director as Decision -Making Authority. An applicant or other aggrieved party may appeal the decision of the Community Development Director to the Planning Commission. Within fifteen calendar days after the date of mailing of the Director's decision, the applicant or aggrieved party may appeal the decision in writing on forms provided by the Community Development Department. Upon receipt of a completed appeal, the Director shall set the matter for hearing before the Planning Commission not less than five calendar days nor more than thirty calendar days thereafter, and shall give written notice of the hearing, by mail, to the applicant and the appellant. The Planning Commission shall render its decision within thirty days following the close of the hearing on the appeal. B. Planning Commission as Decision -Making Authority. An applicant or other aggrieved party may appeal the decision of the Planning Commission to the City Council. Within fifteen calendar days after the date of mailing of the Planning Commission's decision, the applicant or aggrieved party may appeal the decision in writing on forms provided by the Community Development Department. Upon receipt of a completed appeal, the City Clerk shall set the matter for hearing before the City Council not less than five calendar days nor more than thirty calendar days thereafter, and shall give written notice of the hearing, by mail, to the applicant and the appellant. The City Council shall render its decision within thirty days following the close of the hearing on the appeal. 9.180.090 Review for Compliance. A. The Community Development Director (or designee) shall review an approved TDM plan for compliance with this chapter if any complaints of noncompliance are received by the City. In addition, the Community Development Director shall annually review each of the currently outstanding approved TDM plans for compliance with this chapter. After review of an approved TDM plan, the Community Development Director may require revision or resubmittal of the plan upon his or her finding that one or more of the following conditions exist: 1. The property owner is not complying with the TDM plan or the terms and/or approval conditions of the TDM plan; 2. The TDM plan has failed to comply with SCAQMD requirements and the goals of this chapter to the level required by the TDM plan or its approval conditions; or 3. Approval of the TDM plan was obtained by fraud or perjured testimony. 180-7 9.180. TRANSPORTATIONDEMAND MANAGEMENT B. In the event that the Community Development Director determines that a TDM plan must be resubmitted, the plan shall be resubmitted in accordance with the procedures outlined in this chapter as a new submittal and the applicant shall pay the specified fee for submittal. 9.180.100 Enforcement and Penalties. For purposes of ensuring that applicable developments comply with the provisions of this chapter, the Community Development Director shall, following written notice to the property owner of an applicable development, initiate enforcement action or actions against such property owner or designee which may include, without limitation, the following: 1. Withholding issuance of a building permit or occupancy permit; 2. Issuance of a stop work order, and/or 3. Any enforcement methods authorized by the Municipal Code. 9.180.110 SCAQMD Compliance. Each property owner who has received approval of a TDM plan or who is exempt pursuant to Subsection 9.180.040.1) shall submit to the Community Development Department for review copies of all plans and reports submitted to SCAQMD pursuant to Regulation XV, and all approvals, enforcement letters, and other correspondence from SCAQMD regarding Regulation XV conformance. The Community Development Director shall cooperate with the SCAQMD in enforcement actions initiated either by SCAQMD or the City. 180-8 CHAPTER 9.190: TRANSFER OF DEVELOPMENT RIGHTS .......... 190-1 9.190.010 Purpose .............................................. 190-1 9.190.020 Definitions ........................................... 190-1 9.190.030 Procedures ........................................... 190-2 9.190.040 Timing ................................................ 190-3 9.190.050 Documentation ........................................ 190-4 Chapter 9.190: TRANSFER OF DEVELOPMENT RIGHTS 9.190.010 Purpose ....................................... 190-1 9.190.020 Definitions ..................................... 190-1 9.190.030 Procedures ...................................... 190-2 9.190.040 Timing ........................................ 190-3 9.190.050 Documentation ................................. 190-4 9.190.010 Purpose. A. All transfers of development rights or credits shall follow the definitions, procedures, timing, and documentation presented in this Chapter, and shall observe the restrictions and guidelines presented in other enabling Sections, such as Section 9.140.040 (Hillside Conservation Regulations), and others which may be from time to time adopted enabling transfers of development rights or credits. B. The purpose of this Chapter is to provide the process by which development rights or credits may be transferred from donor parcels to receiving parcels such as in open space land use designations to enable it to be preserved as open space, and other purposes which may be adopted in other enabling legislation. Such transfers of development rights or credits may be within the same property, or may take place from one property to another by means of sale. C. Transfers shall take place under the guidance of the City and shall be documented by means of recordation. 9.190.020 Definitions. For the purposes of this Chapter and this Code, certain words and terms shall be defined as follows: 1. "Development right" or "Development credit" means a potential entitlement created by a land use designation and, by adoption of a zoning category, applying to a parcel of land, to construct one dwelling unit per a given number of square feet or per a given number of acres, which can only be exercised when the development right or credit has been transferred pursuant to the provisions of this Chapter and the enabling Section, from a donor parcel to a receiving parcel, and all other requirements of law are fulfilled. 2. "Donor parcel" means a parcel from which all potential entitlements for residential development are transferred (by means of sale, or transfer to another parcel) and thereby extinguished. A subdivision shall be required to separate developable from undevelopable portions of the parcel. 3. "Receiving parcel" means a parcel to which potential entitlements for residential development are transferred, up to the limits of the enabling Sections, and exist in addition to any potential entitlements created by general plan land use designation and density specification and in addition to any zoning which applies to the parcel. 190-1 9.190. TRANSFER OF DEVELOPMENT RIGHTS 4. "Fractions" means development rights or credits may be transferred as a fraction carried to the second decimal place, rounded up or down to the second place following the rule of the third decimal being zero through four, rounded down; five through nine rounded up to the next digit in the second decimal place. When applied to the receiving parcel, the number of credits (carried to the second decimal place) will be spread across the acreage of the receiving parcel and will be translated into an increment of additional development entitlements carried to two decimal places per acre. 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 or good design or special amenities. The order in which bonuses and transferred rights or credits are applied shall be as follows: a. The base density ranges as per the general plan; b. Density bonuses applied for providing affordable housing (up to thirty percent of the base density alone); c. Density bonuses for good design or special amenities (up to ten percent of the base density alone); d. 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. e. 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. F. "Enabling Section" means a Section of Title 9 of this code which creates and further specifies and limits the transfer of development rights or credits, such as Section 9.140.040 (Hillside Conservation Regulations) G. "Timing" means the time limits as specified in Section 9.190.040. H. "Documentation' means the requirements for City approval, recordation and notice to the City of such recordation, following example language specified in Section 9.190.050. 9.190.030 Procedures. A. The enabling Section shall specify by class the donor parcels and the receiving parcels, the number of residential development rights or credits which can be transferred per square footage or per acre; and the limits of development rights or credits which can be transferred to any one parcel. 190-2 9.190. TRANSFER OFDEVELOPMENTRIGHTS receipt in which to dispose of the development rights by sale or other means. When development rights are transferred to a specific receiving parcel, the ninety day time limit shall apply as in Paragraph A of this Section. 9.190.050 Documentation. A. There shall be recorded for the donor parcel a document having the sense of the following: 1. A legal description and a total acreage of the parcel or portion of the parcel. 2. The total number of development rights or credits being removed from the property. 3. An acknowledgment that no further residential development rights or credits shall accrue to the parcel in perpetuity. 4. The assessor's parcel number of the parcel to which the development rights or credits are being transferred. 5. An attestation by the City Clerk of the City (dated) 6. The signature, name and address of the owner of the parcel. B. There shall be recorded for the receiving parcel a document having the sense of the following: 1. "In addition to the number of dwellings units on this parcel APN (legal description and total acreage attached as Exhibit A) which may be permitted by the City of La Quinta by virtue of the General Plan Land Use and Density Designations, this parcel shall be permitted (number) of additional dwelling units per acre which have been transferred to this parcel pursuant to Chapter 9.146 of the Municipal Code, Transfer of Development Rights." 2. "These additional dwelling units are hereby affixed to this parcel APN and may not be further transferred, sold, traded, or otherwise removed from this parcel, except by the purchase by the City of La Quinta or other public agency authorized by the City." 3. The Assessor's Parcel Number(s) of the donor parcel(s) from which the development rights or credits have been removed and transferred and affixed to this parcel. 4. The signature of the City Clerk of the City affixed below attests to the legitimate transfer of these development rights to this property as described in Exhibit A, attached to the ordinance codified in this Chapter and on file in the office of the City Clerk. 190-4 CHAPTER 9.200: GENERAL PERNUTTING PROCEDURES Sections: 9.200.010 Development Review Process ..................... 200-1 9.200.020 Authority ...................................... 200-1 9.200.030 Combined Applications .......................... 200-3 9.200.040 General Permit Provisions ....................... 200-3 9.200.050 Permit Applications ............................. 200-3 9.200.060 Action by Decision -Making Authority .............. 200-4 9.200.070 Time Limits on Processing Applications ............ 200-5 9.200.080 Permit Expiration and Time Extensions ............ 200-5 9.200.090 Modifications by Applicant ....................... 200-6 9.200.100 Amendments to Development Review Permits ....... 200-7 9.200.110 Public Hearings ................................ 200-7 9.200.120 Appeals ....................................... 200-8 9.200.130 Permit Revocation ............................. 200-10 9.200.010 Development Review Process. A. Purpose. Chapters 9.200 through 9.260 set forth the procedures for processing development review applications and the criteria and conditions necessary so that an appropriate decision may be made by the City on each such application. B. Applicable State Law. It is intended that the provisions of this Chapter shall be consistent and in full compliance with Section 65920 et seq and other applicable sections of the state Government Code and that such provisions shall be so construed. C. Persons Who May File Applications. An application for a permit or other action under Chapters 9.200 through 9.260 may be submitted only by a property owner of the subject property, by an agent with notarized written authorization from the property owner, or by a public agency. D. Application Filing. Applications shall be filed with the Community Development Department on forms prescribed by the Director, together with: (1) all maps, plans, documents and other materials required by the Director, and (2) all required fees per Chapter 9.260. The Director shall provide the necessary forms plus written filing instructions specifying all materials and fees required to any requesting person at no charge. E. Legal Actions. Any action or proceeding to challenge, attack, review, set aside, void or annul any discretionary action described in this Chapter shall be governed by the applicable provisions of the state Planning and Zoning Law (Government Code Section 65000 et seq). 9.200.020 Authority. A. Decision -Making Authority. Table 9-23, following, specifies the decision -making authority for each of the various actions described in this Code. An "A" or "PH" means that the official or body at the top of the column has decision -making authority for the application. An "A" means that the application is reviewed administratively without a public hearing. A "PIT' means that a public hearing 200-1 9.200: GENERAL PERMITTING PROCEDURES is required before action is taken. An "R(PH)" means that the Planning Commission is responsible for holding a public hearing and forwarding a recommendation to the City Council. TABLE'9-23: DISCRETIONARY REVIEW AUTHORITY Variance PH Conditional Use Permit PH Site Development Permit PH Minor Use Permit A* Minor Adjustment A* Temporary Use Permit A* Home Occupation Permit A** Sign Permit A* Sign Program PH Subdivisions Per City Subdivision Code Environmental Review Per City Environmental Review Procedures * By Community Development Director **Bv Director of Building and Safetv 200-2 9.200. GENERAL PERMITTING PROCEDURES B. Administrative Action. Actions to be taken administratively per Table 9-23, preceding, are those which are relatively minor in nature and with relatively little potential for adverse impacts on the surrounding community or the environment. A public hearing or public notification is not required for administrative actions, although the Director may notify residents or property owners near the subject property if the Director determines on a case -by -case basis that the public interest would be served by such notification. C. Public Hearings. Public hearings shall be noticed and held in accordance with Section 9.200.110 for those applications shown in Table 9-23 as requiring a hearing. 9.200.030 Combined Applications. At the discretion of the Director, applications for different types of actions may be combined and processed concurrently in one application with one fee deposit so long as all applicable processing requirements and all required findings are satisfied. The following rules shall apply to such combined applications: 1. When an application requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing. 2. The final decision on the combined application shall be made by the highest applicable decision -making authority pursuant to Table 9-23 preceding. For example, the decision on an application combining a zone change and a conditional use permit shall be made by the City Council. 3. The applicable fee(s) shall be collected in accordance with Chapter 9.260. 9.200.040 General Permit Provisions. A. Applicability ofPermits to Property. All rights granted by the approval of a development review permit remain with the affected property and all entitlements, conditions, and requirements of a discretionary permit are passed on to the new property owner when there is a change of ownership. B. Enforceability of Permit Provisions. All conditions, requirements and standards specified either in writing or graphically as part of any approval granted by authority of this Chapter shall have the same force and effect as this Zoning Code. Any land use or development established as a result of an approval which is not in compliance with all such conditions, requirements or standards shall be in violation of this Chapter, and the enforcement provisions of the Municipal Code shall be applicable. 9.200.050 Permit Applications. A. Acceptance of Applications as Complete. Within 30 days of receipt of a permit application, the Director shall determine whether the application is complete and shall transmit such determination to 200-3 9.200. GENERAL PERMITTING PROCEDURES the applicant. If the application is determined not to be complete, the Director shall specify in writing those parts of the application which areincomplete and shall indicate the manner in which they can be made complete. B. Preparation of Environmental Documents. When it is determined that an environmental impact report or a negative declaration is required for a proposal, the application for that proposal shall not be deemed complete until the applicant has deposited with the Community Development Department sufficient funds to pay for the cost of completion of the environmental impact report or negative declaration. The Director shall determine the amount of funds required to be deposited for the preparation of an environmental impact report or negative declaration and shall advise the applicant of that amount within ten days after the application is filed. 9.200.060 Action by Decision -Making Authority. A. Possible Actions. The decision -making authority may take one of the following actions on each application: 1. Approval. Simple approval of an application means that no conditions or requirements other than those specified by the application are imposed. After the action's effective date defined in Subsection C of this Section and after approval of any required plan revisions per Subsection D of this Section, the proposed land use or development may be established in compliance with all applicable regulations and the approved project plans and specifications. 2. Conditional Approval. Any application may be approved subject to compliance with conditions. Conditions may require dedication of land, installation of improvements, the posting of financial security to guarantee performance, design modifications or other conditions necessary to achieve the objectives of the General Plan and this Zoning Code. After the action's effective date as defined in Subsection C of this Section and after approval of any required plan revisions per Subsection D of this Section, the proposed land use or development may be established in compliance with all applicable regulations, the approved project plans and specifications, and the requirements of the conditions of approval. 3. Denial. When a conditional use permit or site development permit application has been denied, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one year from the date of final determination, except that the decision -making authority may specify that this time limitation shall not apply. This time limitation on resubmittal of applications is not applicable to other discretionary permits. 4. Withdrawal. With the concurrence of or at the request of the applicant, any application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed. 2004 9.200: GENERAL PERMITTING PROCEDURES B. Action in Writing. The decision on each application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval shall be in writing. A copy of the written determination shall be forwarded to the applicant following the date of final determination and shall be made available at cost to any person requesting such a copy. C. Effective Date. The determination of the decision -making authority shall be effective 15 calendar days after the date the decision is made and after all appeals, if any, have been acted on per Section 9.200.120. D. Tie Votes. 1. Development Review Applications. If action on a development review application results in a tie vote by the decision -making authority, such vote shall constitute a lost motion. 2. Appeals. When all members of a decision -making authority are present, a tie vote on whether to grant an appeal shall be considered a denial of the appeal. The original action shall then stand unless the decision -making authority takes other action to further consider the matter. If a tie vote occurs when less than all members of the decision -making authority are present, the matter shall automatically be continued to the next regular meeting unless otherwise ordered by the decision -making authority. E. Use of More Restrictive Standards. In conjunction with approval of a development review permit, the decision -making authority may impose more restrictive site development standards than set forth in this Code in order to make the required findings for each type of permit as specified in Chapter 9.210. 9.200.070 Time Limits on Processing Applications. Development review applications shall be processed within the time limits specified in Chapter 4.5 of the state Planning and Zoning Law (Government Code Section 65920 et seq). Time periods specified in Section 9.200.120 regarding actions on appeals shall be in addition to the preceding Government Code time limits. 9.200.080 Permit Expiration and Time Extensions. A. Period of Validity. The period of validity for a development review permit shall begin on the permit's effective date as set forth in Section 9.200.060. The period of validity shall run indefinitely unless it expires pursuant to Paragraph C of this Section. B. Establishment. A development review permit shall be deemed established if the following actions occur within 24 months of the effective date of the approval or within such other time period designated by the approval: 200-5 9.200: GENERAL PERMITTING PROCEDURES 1. In the case of a development review permit where ministerial permits are required, such permits have been issued. 2. In the case of a development review permit where no ministerial permits are required, the use authorized by the permit has been established. In circumstances where a certificate of occupancy is required, such certificate has been issued. C. Expiration. A development review permit shall expire and be of no further force or effect if- 1. The permit is not established within 24 months of the permit's effective date or such other time period designated by the permit approval, by state law, or by this Code; or 2. After establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year. D. Time Extensions. 1. Upon application before expiration of the period of validity, the original decision -making authority may grant an extension to the period of validity for up to one year if it finds that such an extension is justified by the circumstances of the project. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision -making authority. 2. Projects not requiring a time extension may be constructed in accordance with the requirements and standards in effect at the time of permit approval provided the construction complies with all project conditions of approval and all laws in effect at the time of the permit approval. However, any project or permit requiring a time extension shall conform to the requirements and standards in effect at the time the extension is granted. 9.200.090 Modifications by Applicant. A. Plan Modifications by Applicant. Plans modified at the initiative of the applicant from those approved by the decision -making authority may be submitted to the Director. B. Procedures. If the Director determines that the proposed plan modification is minor, will not result in a significant change in the project approved by the decision -making authority, and complies with the spirit and intent of the original approving action, the Director may approve the modified plan without further compliance with this Section. If the Director determines that the plan modification may result in a significant change in the project, the Director shall refer the change to the original decision - making authority. 9.200.100 Amendments to Development Review Permits. A. Content of Amendments. Permit amendments are required for substantial revisions to conditions of approval, alterations to approved plans which are more substantial than the modifications provided 200-6 9.200: GENERAL PERMITTING PROCEDURES for in Section 9.200.090 preceding, new or additional land uses, or similar major changes. 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 same filing fee required for an original application. Amendments shall be processed in the same manner as an original application. 9.200.110 Public Hearings. A. Applicable State Law. Public hearings required for development review actions shall be carried out in accordance with the procedures set forth in this Section. It is intended that the provisions of this Section 9.200.110 shall be fully consistent and in full compliance with Section 65090 et seq of the state Government Code and that such provisions shall be so construed. B. Failure to Receive Notice. Pursuant to state Government Code Section 65093, the failure of any person to receive notice shall not constitute grounds for any court to invalidate the action of the decision -making authority. C. Conduct of Hearings. Public hearings shall be noticed in accordance with Subsection D of this Section and then held by the decision -making authority prior to action on the relevant application. At the public hearing, the decision -making authority may take action on the application, continue the application to a specified date, or take the application under submission. An application taken under submission may later be taken out of submission for the purpose of taking action on the application without scheduling a new public hearing provided no additional testimony is heard and no further evidence is presented. Further testimony may be heard and further evidence may be presented regarding an application taken under submission only if a new public hearing is held in compliance with this Section. D. Noticing Requirements. Not less than 20 calendar days prior to the hearing, the City shall: 1. Mail or deliver a public notice, which includes the date, time and place of the hearing, the application number, the applicant's name, the location of the property affected, and a description of the land use, development, or other action proposed, to: a. The owner of the subject real property. b. The owner's authorized agent, if any. c. The project applicant. d. Each local agency expected to provide water, sewage, street, roads, schools or other essential facilities or services to the project. e. All owners of real property as shown on the last equalized assessment roll within 500 feet of the subject real property. If the number of owners to whom notice would be mailed is greater than 1000, the City may instead place a display advertisement of at least one -eighth 200-7 9.200: GENERAL PERMITTING PROCEDURES page in a newspaper of general circulation at least 20 days prior to the hearing; and 2. Publish a legal notice in a newspaper of general circulation or post a notice at two public places in the City and one place at the subject site. E. Additional Notice. The Community Development Director may require that additional notice be given by enlarging the notification radius or by other means determined by the Director. F. Other Notice. The City shall also provide any other notice required by law. 9.200.120 Appeals. A. Appealable Decisions. Any development review action by the Director may be appealed to the Planning Commission and any development review action by the Planning Commission may be appealed to the City Council in compliance with the provisions of this Section. B. Designation of Board of Appeals. The Planning Commission shall constitute the board of appeals for decisions by the Community Development Director and the City Council shall constitute the board of appeals for decisions by the Planning Commission. C. Persons Who May Appeal. Any interested person may appeal a decision of the Director or the Planning Commission regarding the action taken on a development review permit application for a development project upon submittal of the required documents and information and the payment of the required fee. D. Call -Up Review. The board of appeals (either the Planning Commission or City Council), on its own motion adopted by a majority vote of its total membership, may elect to call up and review any decision of the Director or the Planning Commission regarding the action taken on a development review permit application. The board of appeals' call-up review shall be processed in accordance with Subsection E of this Section and may be exercised at any time prior to the expiration of 15 days from the date on which the decision was made. E. Appeal Procedures. 1. Time Limits for Filing Appeals All appeals shall be filed with the Director within 15 calendar days of the date on which the decision being appealed was rendered. If the 15th day is a nonworking day for the City, the appeal period shall be extended to include the next City working day. No appeal shall be accepted after the appeal period has expired. 2. Required Documents. Each appeal, except for call-up reviews initiated by a board of appeals on its own motion, shall be in writing and shall include all grounds for the appeal and sufficient information so as to make it clear to the board of appeals the substance of each of the grounds for appeal. The Director may require that the written appeal be accompanied by such other 200-8 9.200. GENERAL PERMITTING PROCEDURES documents and information that the Director determines to be necessary to adequately explain and provide proper notification for the appeal. No appeal shall be accepted if it fails to contain the grounds for the appeal and the description of the grounds. 3. Forwarding of Records. When an appeal has been received, the Director shall forward to the board of appeals all documents and information on file pertinent to the appeal together with the minutes or official action of the decision -making authority and a report on the basis of the decision. 4. Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing. Notice and scheduling requirements for an appeal hearing shall be the same as those for an original hearing as described in Section 9.200.110. 5. Issues to be Considered. The board of appeals may refuse to consider any issues which were not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the time the decision -making authority took action. When reviewing a decision -making authority's decision via its own call-up review, the board of appeals may raise and consider any issue it deems appropriate to the project application. 6. Action on Appeal. Not later than 45 days after an appeal has been received and accepted by the Director, the board of appeals shall consider the appeal and take one of the following actions: a. Take action to sustain, reverse or modify the original decision. If an original decision to approve a project is modified, the board of appeals may modify permitted land uses, place additional or different conditions of approval on the project, direct that revisions be made to project plans, or require other project modifications. b. Continue the appeal for further consideration. c. Refer the application back to the original decision -making authority with directions. 7. Majority Vote. Action by the board of appeals to reverse or modify an appealed decision shall require a majority vote of appeal board members present. If there is a tie vote, the original decision shall stand. 9.200.130 Permit Revocation. A. Grounds for Revocation. Any development review permit may be revoked by the decision - making authority or the City Council pursuant to the provisions of this Section on any of the following grounds: 200-9 9.200. GENERAL PERMITTING PROCEDURES 1. Such approval was based on inaccurate or misleading information. 2. One or more of the conditions "upon which such approval was granted or extended have been violated. 3. A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity. 4. The findings which were the basis for the original permit approval can no longer be made. 5. Other grounds as set forth elsewhere in this Code such as, but not limited to, those for sexually - oriented businesses. B. Procedure. Prior to any action on revocation, the decision -making authority shall hold a public hearing noticed and held in accordance with Section 9.200.110, except that the permittee shall be given not less than 15 days notice. The notice shall state the causes for which the revocation is to be considered. C. Action ofDecision-MakingAuthority. Following the hearing, the decision -making authority may revoke the permit or revoke the permit subject to reinstatement upon compliance with the conditions of the original permit. D. Amortization. If a revocation of any permit is ordered, the decision -making authority may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the decision - making authority by any affected person. E. Appeal. Any action by the decision -making authority pursuant to this Section may be appealed as set forth in Section 9.200.120. F. New Decision -Making Authority. If the decision -making authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be considered shall be the decision -making authority as that term is used in this Section. 200-10 CHAPTER 9.210: DEVELOPMENT REVIEW PERMITS Sections: 9.210.010 Site Development Permits ........................... 210-1 9.210.020 Conditional Use Permits and Minor Use Permits ........ 210-3 9.210.030 Variances ......................................... 2104 9.210.040 Minor Adjustments ................................ 210-6 9.210.050 Temporary Use Permits ............................. 210-7 9.210.060 Home Occupation Permits .......................... 210-7 9.210.070 Sign Permits ...................................... 210-9 9.210.010 Site Development Permits. A. Terminology. For purposes of this Code, site, architectural, and landscape plans, related development plans, and sign programs are included within the term "site development permit". B. Purpose. The purpose of a site development permit is to ensure that the development and design standards of this Zoning Code, including but not limited to permitted uses, development standards, and supplemental regulations are satisfied. The site development permit process provides a means of achieving this purpose through City review of detailed plans for proposed development projects. C. Applicability. A site development permit is required for all projects which involve building construction except the following: 1. Individual single family houses and alterations to single family houses or associated accessory structures, unless a site development permit is otherwise required by an applicable provision of this Code or permit condition of approval. 2. Temporary uses (requires temporary use permit per Section 9.210.050). D. Decision -Making Authority. Site development permits shall be processed by the Planning Commission per Section 9.210.010 unless otherwise stipulated in this Code. E. Precise Development Plan. Upon approval, a site development permit constitutes a precise development plan. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of any site development permit: 1. Consistency with General Plan. The project is consistent with the General Plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this Zoning Code. 210-1 -. . 9.110. DEVELOPMENT REVIEW PERMITS 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the City. 5. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. 6. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. 7. Sign Programs. Per Section 9.160.090 (Sign Permit Review), in order to approve a planned sign program the decision -making authority must find that: a. The sign program is consistent with the purpose and intent of Chapter 9.160 (Signs); b. The sign program is in harmony with and visually related to: (1) All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape. (2) The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified. (3) Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. G. Appeals. Appeals to decisions on site development permits shall be reviewed pursuant to Section 9.200.120. H. Expiration and Time Extensions. The period of validity for establishment of a site development permit is one year from its effective date as defined in Section 9.200.060. Time extensions may be granted pursuant to Section 9.200.080. I. Amendments. Amendments to site development permits shall be processed pursuant to Section 210-2 9.210. DEVELOPMENT REVIEW PERMITS 9.200.100. J. Staff Certification of Construction Documents. Prior to issuance of a building permit, the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit. 9.210.020 Conditional Use Permits and Minor Use Permits. A. Purpose. The purpose of a conditional use permit or minor use permit is to provide for individual approval or denial of land uses requiring such permits under this Code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents, or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. For purposes of this Section, the term "use permit" includes both conditional use and minor use permits. B. Definitions. "Use permit" means a discretionary entitlement under the provisions of this Zoning Code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. 1. Conditional Use Permits. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, residents, or businesses; for example, kennels or animal shelters. 2. Minor Use Permits. Uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents, or businesses. In most cases, such uses are accessory to a main or principal use on the property; for example, a guest house on a lot containing a main residence. C. Applicability. A conditional use permit or a minor use permit is required for all land uses identified in this Code as requiring such permits. D. Decision -Making Authority. Conditional use permits shall be reviewed by the Planning Commission in conjunction with a public hearing held pursuant to Section 9.200.110. Minor use permits shall be processed administratively by the Community Development Director pursuant to Section 9.200.020. E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications, and conditions of approval shown on and/or attached to the permit at all times. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of either a conditional use permit or a minor use permit: 210-3 9.210: DEVELOPMENT REVIEW PERMITS 1. Consistency with General Plan. The land use is consistent with the General Plan. 2. Consistency with Zoning Code. -The use is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.120. H. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the use, as defined in Section 9.200.080, and/or may establish an expiration date on the use permit itself. Time extensions may be granted pursuant to Section 9.200.080. I. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100. 9.210.030 Variances. A. Purpose. The purpose of a variance permit is to provide for deviations from applicable standards of this Zoning Code such as the development standards set forth in Chapter 9.50 and 9.90. B. Applicability. A variance permit is required for any development which is not consistent with applicable site development standards or other regulations of this Code and which is not eligible for consideration as a minor adjustment pursuant to Section 9.210.040. C. Decision -Making Authority. Variances shall be reviewed by the Planning Commission in conjunction with a public hearing held pursuant to Section 9.200.110. - D. Conditions of Approval. If a variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a variance permit constitutes a precise development plan. Therefore, any development or other activity authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of a variance permit: 1. Consistency with General Plan. The variance is consistent with the General Plan. 210-4 9.210. DEVELOPMENT REVIEW PERMITS 2. Consistency with Zoning Code. The variance is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 5. Special Circumstances. There are special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding. 6. Preservation of Property Rights. The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property. 7. No Special Privileges. The variance permit's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. 8. No Land Use Variance. The approval does not authorize a land use or activity which is not permitted in the applicable zoning district. G. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the variance permit, as defined in Section 9.200.080. Time extensions may be granted pursuant to Section 9.200.080. H. Amendments. Amendments to variance permits shall be processed pursuant to Section 9.200.100. I. Staff Certification of Construction Documents. If development is provided for under the variance permit, prior to issuance of a building permit the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the variance. 9.210.040 Minor Adjustments. A. Purpose. The purpose of a minor adjustment permit is to provide for minor deviations from 210-5 9.210. DEVELOPMENT REVIEW PERMITS certain specific development standards set forth in this Code. B. Definition. Minor adjustments are deviations in standards which have little or no potential for adverse impacts on the surrounding community and which are reviewed administratively. 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. D. Decision -Making Authority. Minor adjustments shall be reviewed administratively by the. Director pursuant to Section 9.200.020. unless combined with another application which requires discretionary review by the Planning Commission or City Council pursuant to Section 9.200.030. E. Conditions of Approval. If a minor adjustment is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. F. Precise Development Plan. Upon approval, a minor adjustment permit constitutes a precise development plan. Therefore, any development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. G. Required Findings. The following findings shall be made by the decision -making authority prior to the approval of any minor adjustment permit: 1. Consistency with General Plan. The project is consistent with the General Plan. 2. Consistency with Zoning Code. The project is consistent with the provisions of this Zoning Code. 3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. H. Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section 9.200.120. I. Expiration and Time Extensions. The decision -making authority may impose a time limitation on establishment of the minor adjustment permit as defined in Section 9.200.080. Time extensions may be granted pursuant to Section 9.200.080. 210-6 9.210. DEVELOPMENT REVIEW PERMITS J. Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be processed pursuant to Section 9.200.100. K. Staff Certification of Construction Documents. Prior to issuance of a building permit, the Director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the adjustment. 9.210.050 Temporary Use Permits. A. Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents, and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment. B. Applicability. A temporary use permit is required for temporary uses permitted under this Code. C. Decision -Making Authority. Temporary use permits shall be reviewed administratively by the Director pursuant to Section 9.200.020. D. Conditions ofApproval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Precise Development Plan. Upon approval, a temporary use permit constitutes a precise development plan. Therefore, any use or development authorized under such a permit shall be in compliance with the plans, specifications, and conditions of approval shown on and/or attached to the approved permit. F. Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the Director determines that the standards set forth for such temporary uses in the applicable Section of this Code have been satisfied. 9.210.060 Home Occupation Permits. A. Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in Section 9.60.110. B. Applicability. A home occupation permit is required for home occupations conducted within a residence which are accessory to the main residential use of the dwelling and which are permitted pursuant to Section 9.60.110. C. Decision -Making Authority. Home occupation permits shall be reviewed administratively by 210-7 9.210. DEVELOPMENT REVIEW PERMITS the Director of Building and Safety pursuant to Section 9.60.110. D. Conditions of Approval. If a home occupation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents, or businesses. E. Compliance with Permit. Any use or activity authorized under a home occupation permit shall be in compliance with the specifications and conditions of approval shown on and/or attached to the approved permit. Failure to comply with such specifications and conditions of approval may result in revocation of the permit. F. Required Findings. Findings required for approval of a home occupation permit shall be deemed to have been made if the Director of Building and Safety determines that the standards set forth in Section 9.60.110 for home occupations have been or will be satisfied. These standards consist of the following: 1. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principle character or use of the dwelling unit involved. 2. Only residents of the dwelling unit may be engaged in the home occupation. — 3. A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than 25 percent of the combined floor area of the house and garage. 4. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 5. There shall be no signs, outdoor storage, parked vehicles, or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics. 6. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. 210-8 9.210: DEVELOPMENT REVIEW PERMITS 9. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10. All conditions attached to the home occupation permit shall be fully complied with at all times. 9.210.070 Sign Permits. Signs shall be regulated and sign permits shall be processed in accordance with Section 9.160.090. 210-9 CHAPTER 9.220: ZONE CHANGES AND CODE AMENDMENTS _ : 9.220.010 Zone Changes and Prezoning ........................ 220-1 9.220.020 Zoning Code Teat Amendments ...................... 220-2 9.220.010 Zone Changes and Prezoning. A. Purpose. A zone change is a development review action by the City Council to change the zone designation of a property or properties on the Official Zoning Map. A prezoning is the zoning of property outside the City's boundaries in anticipation of annexation into the City. For purposes of this Code, prezonings are included within the term "zone change". B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65853 et seq of the state Government Code and that such provisions shall be so construed. C. Who May Apply: 1. The owner of property or the owner's agent (with notarized authorization from the owner) may apply for a zone change. 2. The City Council may initiate consideration of a zone change. 3. The Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a zone change. D. Review Procedures. 1. Zone changes shall be approved, approved with modifications, or denied by ordinance of the City Council after receipt of testimony at a public hearing held pursuant to Section 9.200.110. 2. Prior to City Council review, the Planning Commission shall hold a public hearing, review the application, and forward a recommendation to the Council. 3. If the Council contemplates a modification to the application not previously considered by the Planning Commission, the proposed modification shall be referred to the Planning Commission for report back to Council. A public hearing shall not be required for such Planning Commission review. E. Required Findings. The following findings shall be made by the City Council prior to approval of any zone change: 1. Consistency with General Plan. The zone change is consistent with the goals, objectives, and policies of the General Plan. 220-1 9.220. ZONE CHANGES AND CODE AMENDMENTS 2. Public Welfare. Approval of the zone change will not create conditions materially detrimental to the public health, safety and general welfare. 3. Land Use Compatibility. The new zoning is compatible with the zoning on adjacent properties. 4. Property Suitability. The new zoning is suitable and appropriate for the subject property. 5. Change in Circumstances. Approval of the zone change is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. 9.220.020 Zoning Code Teat Amendments. A. Purpose. A zoning code amendment is a development review action by the City Council to change the text and/or graphics within this Zoning Code. B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65853 et seq of the state Goverment Code and that such provisions shall be so construed. C. Who May Apply. A code amendment may be initiated by the City Council. In addition, the Planning Commission, by majority vote, may recommend that the City Council initiate a code amendment. D. Review Procedures. Code amendments shall be reviewed under the same procedures as zone changes as set forth in Section 9.220.010. E. Required Findings. The following findings shall be made by the City Council prior to approval of any code amendment: 1. Consistency with General Plan. The code amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare. 220-2 CHAPTER 9.230: GENERAL PLAN AMENDMENTS 9.230.010 Application and Referral. A. Purpose. A general plan amendment is a discretionary action by the City Council to change the text of the General Plan or any map or diagram of the General Plan. B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65350 et seq of the state Government Code and that such provisions shall be so construed. C. Who May Apply: 1. The owner of property or the owner's agent (with notarized authorization from the owner) may apply for a general plan amendment. 2. The City Council may initiate consideration of a general plan amendment. 3. The Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a general plan amendment. D. Referral of Proposed Amendments. Proposed general plan amendments shall be referred to the persons and agencies specified in Section 65352 of the state Government Code. E. Frequency of General Plan Amendment. 1. General Plan elements specified as mandatory in the state Government Code shall be amended no more than four times during each calendar year. Each amendment may include more than one change to the General Plan. 2. The limitation on frequency of amendments to the General Plan set forth in Subsection E.1. of this Section does not apply to residential development projects with at least 25 percent of the dwelling units to be occupied by persons or families of low or moderate income. 9.230.020 Review Procedures and Findings. A. Review Procedures. General plan amendments shall be approved, approved with modifications, or denied by resolution of the City Council after receipt of testimony at a public hearing held pursuant to Section 9.200.110. Approval or approval with modifications shall require an affirmative vote of a majority of the total membership of the Council. 2. Prior to City Council review, the Planning Commission shall hold a public hearing, review the application, and forward a recommendation with findings to the Council. 230-1 9.230. GENERAL PLANAMENDMENTS 3. If the Council contemplates a modification to the application not previously considered by the Planning Commission, the proposed modification shall be referred to the Commission for report back to Council. A public hearing shall not be required for such Commission review. B. Required Findings. The following findings shall be made by the City Council prior to the approval of a general plan amendment: 1. Internal General Plan Consistency. The amendment is internally consistent with those goals, objectives, and policies of the General Plan which are not being amended. 2. Public Welfare. Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. 3. General Plan Compatibility. In the case of amendments to the General Plan Policy Diagram, the new designation is compatible with the designations on adjacent properties. 4. Property Suitability. In the case of amendments to the General Plan Policy Diagram, the new designation is suitable and appropriate for the subject property. 5. Change in Circumstances. In the case of amendments to the General Plan Policy Diagram, approval of the amendment is warranted because the situation and the general conditions of the property have substantially changed since the existing designation was imposed. 230-2 CHAPTER 9.240: SPECIFIC PLANS 9.240.010 Specific Plan Review. A. Purpose. A specific plan is a detailed plan covering a selected area of the City for the purpose of implementation of the General Plan: B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65450 et seq of the state Government Code and that such provisions shall be so construed. C. Who May Apply. A specific plan or specific plan amendment application may be initiated by the City Council, by the owner of property proposed for amendment, or by the owner's agent (with written notarized authorization from the owner). In addition, the Planning Commission, by majority vote, may recommend that the City Council initiate consideration of a specific plan or specific plan amendment. D. Review Procedures. Specific plans shall be prepared, adopted, and amended in the same manner as the General Plan, except that a specific plan may be adopted either by resolution or ordinance. E. Required Findings. The following findings shall be made by the City Council prior to approval of any specific plan or specific plan amendment: 1. Consistency with General Plan. The plan or amendment is consistent with the goals, objectives, and policies of the General Plan. 2. Public Welfare. Approval of the plan or amendment will not create conditions materially detrimental to the public health, safety and general welfare. 3. Land Use Compatibility. The specific plan is compatible with zoning on adjacent properties. 4. Property Suitability. The specific plan is suitable and appropriate for the subject property. 240-1 CHAPTER 9.250: OTHER ACTIONS 9.250.010 Subdivisions. Tract maps, parcel maps and related subdivision applications shall be processed in accordance with the City's Subdivision Code. 9.250.020 Environmental Review. A. Definition. "Environmental review" means all actions and procedures required of the City and of applicants by the California Environmental Quality Act ("CEQA" -- state Public Resources Code Section 21000 et seq), the CEQA Guidelines (Public Resources Code Section 15000 et seq), and local environmental procedures. B. Procedures. All discretionary applications shall be evaluated in compliance with CEQA the CEQA Guidelines, and the City's environmental review procedures to determine the proposal's potential impacts. Examples of potential impacts include but are not limited to: climate and air quality, soils, geology and seismicity, hydrology, biotic resources, archeology, paleontology and cultural resources, land use and zoning, traffic, noise, aesthetics, light and glare, health and safety, public services and utilities, and threatened or endangered species. 9.250.030 Development Agreements. A. Purpose. A development agreement is a discretionary action by the City Council to provide certainty in the review and approval of development projects in order to make maximum efficient utilization of resources at the least economic cost to the public, strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development, and provide for public facilities and in&astiucture. Development agreements shall be prepared, reviewed, adopted, and maintained in accordance with the provisions of this Section. B. Applicable State Law. It is intended that the provisions of this Section shall be fully consistent and in full compliance with Section 65864 et seq of the state Government Code and that such provisions shall be so construed. C. Review Procedures. 1. Application Forms. The Director shall prescribe the form of each application, notice and document provided for or required under this chapter for the preparation, processing and implementation of development agreements. The application shall include as separate documents by reference, the following information: a. Duration of the agreement; b. The permitted uses of the property; c. The density or intensity of use of the property; d. The maximum height and size of proposed buildings; 250-1 9.150. OTHER ACTIONS e. Provisions for reservation of dedication of land for public purposes; f. Fiscal impact statement to include revenue generated to the City and benefits received by the developer; g. Phasing and project completion date; h. Consistency with the General Plan and any applicable specific plan. In addition to the above, the Director may require an applicant for a development agreement to submit such other information and supporting data as the Director deems necessary to process the application. 2. Fees. The City Council shall establish and from time to time amend by resolution a schedule. of fees imposed for the filing and processing of each application and documentation required by this chapter. The fee may be waived in whole or in part by the City Council for affordable housing that is in conformance with the General Plan. 3. Who May Apply. An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such person. 4. Proposed Form of Agreement. Each application shall be accompanied by draft development agreement in form which is mutually agreed upon by the applicant and the City at a pre - proposal meeting. This requirement may be met by using the City's standard development agreement form and including specific proposals for changes in or additions to the language of the standard form. 5. Review and Filing of Application,. The Director shall endorse on the application the date it is received. The Director shall review the application and determine if additional requirements are necessary to complete the agreement. The application may be rejected if it is not completed in the manner required by these rules. After receiving the required information, the Director shall prepare a staff report. The staff report shall analyze the proposed development agreement and shall contain a recommendation as to whether or not the development agreement proposed or in an amended form would be consistent with the General Plan or any applicable specific plan. Before processing the application the Director shall obtain the opinion of the City Attorney as to sufficiency of the applicant's interest in the real property to enter into agreement. 6. Notice of Intention. Upon completion of the staff report required by Paragraph C.S. preceding, in addition to any other notice required by law, the Director shall give notice of intention to consider adoption of a development agreement. The notice shall contain: a. The time and place of the public hearing. b. A general explanation of the development agreement, including a general description of the property proposed to be developed. 250-2 9.250. OTHER ACTIONS c. Other information that the Director considers necessary or desirable. 7. Manner of Giving Notice. All notices required by these rules shall be processed in the manner provided in Section 9.200.110 of this Code. 8. Hearing and Recommendation of Planning Commission. The Planning Commission shall hold a public hearing on the proposed development agreement at the time and place specified in the notice of intention. The Planning Commission shall make its recommendation to the City Council in writing within 30 days of the date set for the public hearing. The recommendation shall include whether or not the proposed development agreement: a. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. b. Is compatible with the uses authorized in and the regulations prescribed for the land use district in which the real property is located. c. Is in conformity with the public necessity, public convenience, general welfare, and good land use practices. d. Will be detrimental to the health, safety, and general welfare. e. Will adversely affect the orderly development of property or the preservation of property values. f. Will have a positive fiscal impact on the City. 9. Hearing by City Council. After the recommendation of the Planning Commission or after the expiration of the time period specified in Paragraph CA preceding, the Director shall give notice of a public hearing before the City Council in the manner provided for in Paragraphs C.6. and C.7. preceding. 10. Decision by City Council. a. After it completes the public hearing and considers the recommendation, if any, of the Planning Commission, the City Council may accept, modify or disapprove the proposed development agreement. It may, but need not, refer the matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission shall not be required to hold a public hearing on matters referred back to it by the City Council. b. The development agreement may not be approved unless the City Council finds that the development agreement is consistent with the General Plan and any applicable specific plan. 250-3 9.250: OTHER ACTIONS 11. Approval of Development Agreement. The development agreement shall be approved by the adoption of an ordinance. Upon the adoption of the ordinance, the City shall enter into the development agreement by the execution thereof by the City Manager. 12. Amendment and Cancellation. a. Either the City or the applicant or successor in interest thereto may propose an amendment or cancellation in whole or in part of the development agreement. b. The procedure for proposing and approving an amendment to or cancellation in whole or in part of the development agreement shall be the same as the procedure for entering into a development agreement. c. Notwithstanding the foregoing, a proposed amendment to a development agreement to delete certain real property from the terms and conditions of the agreement and sell such property to a public entity considered by the Planning Commission without a noticed public hearing so long as the Planning Commission holds a properly noticed public hearing in connection with a proposed General Plan Amendment and/or Zone change for such property. Upon consideration of the proposed amendment and written recommendation to the City Council by the Planning Commission, the City Council shall hold a properly noticed public hearing and consider the amendment in accordance with the same procedure for entering into a development agreement.\�� Ci^'�• i Y'\ d. Except as expressly set forth herein, each and every provision of this erinconcerning the procedures for processing and approval of development agreements remains in full force and effect. e. Except as provided for in Paragraph C.14.c. following, the development agreement may only be amended or canceled in whole or in part by the mutual consent of all parties to the development agreement. 13. Recordation. a. No later than ten (10) days after the City enters into the development agreement, the City Clerk shall record with the County Recorder a copy of the development agreement. b. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the City terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall cause notice of such action to be recorded with the County Recorder. 14. Periodic Review. 250-4 9.250. OTHER ACTIONS a. The City Council shall review the development agreement at least every 12 months from the date the development agreement is entered into until expiration of the term of the agreement. b. The Director shall give the applicant or successor in interest thereto at least 30 days advance notice of the time at which the City Council will review the development agreement. c. The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation. d. The applicant or successor in interest thereto shall demonstrate good faith compliance with the terms of the development agreement. e. If, as a result of such periodic review, the City Council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the City Council may commence proceedings to enforce, modify or terminate the development agreement. 15. Modification or Termination. a. If, upon a finding under Paragraph 14.e. preceding, the City Council determines to proceed with modification or termination of the development agreement, the City Council shall give notice to the applicant or successor in interest thereto of its intention to do so. The notice shall contain the time and place of the hearing. b. At the time set for the hearing on the modification or termination, the City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The decision of the City Council shall be final. 250-5 CHAPTER 9.260: FEES 9.260.010 Administration of Fees. A. Filing Fees. A filing fee to defray the cost of processing and notification for each application for a discretionary permit or other discretionary action shall be paid by the property owner or the owner's authorized agent at the time the application is accepted. Such fees shall be set by resolution of the City Council. B. Refunds. Whenever an application for a change of zone or for a permit or variance that requires a public hearing is terminated for any reason, upon request of the applicant a refund of a percentage of fees paid may be made by the Community Development Director in accordance with the following schedule. If any portion of the application fee has been paid out by the City to another jurisdiction or agency for services to be rendered in connection with the application, no refund of that portion of the fee shall be made. 1. Application accepted by the Community Development Dept., fee not receipted ... 100% 2. Application accepted and fee receipted by department, but no processing begun .. 90% 3. Application processed, but public hearing not advertised or noticed ............ 50% 4. Public hearing advertised or noticed but hearing not held .................... 20% 5. Public hearing held by Planning Commission ............................. 0010 C. Exemptions for Nonprofit Organizations. Nonprofit organizations are exempt from paying the fees charged for the processing of a temporary outdoor event application per Chapters 9.60 or 9.100. For the purposes of this Section, "nonprofit organization" means a corporation, association or other organization which is exempt from taxation under Section 501(Cx3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code, and which has received determination letters from the United States Internal Revenue Service and the California Franchise Tax Board confirming its exempt status under such Sections. 260-1 CHAPTER 9.270: NONCONFORMITIES Sections: 9.270.010 Purpose ....................................... 270-1 9.270.020 Definitions ...................................... 270-1 9.270.030 Nonconforming Uses ............................. 270-2 9.270.040 Nonconforming Lots ............................ 270-3 9.270.050 Nonconforming Structures ....................... 270-3 9.270.060 Nonconforming Parking and Signs ................. 270-3 9.270.070 Plans Previously Approved ....................... 2704 9.270.080 Illegal Uses and Structures ....................... 270-4 9.270.010 Purpose. The purpose of this Chapter is to promote the public health, safety, and general welfare by regulating land uses, lots, and structures which were lawfully established but which do not conform to the provisions of this Zoning Code. This Section is further intended to prevent the expansion of nonconforming uses and structures to the maximum extent feasible, to establish the criteria under which they may be continued, and to provide for the correction or removal of such nonconformities in an equitable and reasonable manner. 9.270.020 Definitions. For the purposes of this Chapter and this Code, certain words and terms shall be defined as follows: 1. Nonconformity: A land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this Zoning Code. The term nonconformity does not include illegal uses, lots, or structures which were not lawful when established or constructed. 2. Nonconforming Use: A land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. I Nonconforming Lot. A lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. 4. Nonconforming Structure: A structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. 270-1 9.270. NONCONFORMITIES 5. Intensity: The level of development or activity associated with a land use, as measured by one or more of the following: a. The amount of parking required for the use per Chapter 9.150. b. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics. c. The floor area occupied by the use. d. The percentage of the building site occupied by the use or by the structure containing the use. 9.270.030 Nonconforming Uses. A. Continuation of Nonconforming Use. A nonconforming use may be continued subject to the restrictions of this Section. B. Discontinued Nonconforming Uses. If the nonconforming use is discontinued for a period of one year, it shall not be reestablished and any new use of the premises shall conform to the applicable district regulations of this Code. C. Intensification of Nonconforming Uses. 1. A nonconforming nonresidential use shall not be increased in intensity. 2. A nonconforming residential use may be increased in intensity provided the intensification will not create or increase any nonconformity relating to setback, height, or any other development standard. (For example, a "granny flat" may be added to a single family detached dwelling in a district permitting only attached homes provided there is no new setback or other encroachment and all requirements pertaining to creation of second dwelling units are met.) D. Restoration of Nonconforming Use. A nonconforming use occupying a structure which is damaged or destroyed by fire, explosion, earthquake, or other disaster may be reestablished provided: 1. Restoration of the structure will not create or increase any nonconformity relating to setback, height, or any other development standard; and 2. Application for a building permit is submitted within one year of the damage or destruction and construction is commenced and completed under that permit without any lapses of or extensions to the permit. E. Change of Ownership. Changes in ownership, tenancy, proprietorship, or management of a nonconforming use shall not affect its nonconforming status provided that the use or the intensity of use does not change. 270-2 9.270. NONCONFORMITIES 9.270.040 Nonconforming Lots. Legally established nonconforming lots may be developed and used in accordance with this Code provided all Code requirements other than those relating to the lot's conformity are met. 9.270.050 Nonconforming Structures. A. Continuation of Nonconforming Structure. A nonconforming structure may be continued and maintained subject to the restrictions of this Section. B. Maintenance and Repairs. Ordinary maintenance and repairs may be made to all nonconforming structures, such as painting, patching, window repair, reroofing, residing, replastering, and replacement of incidental nonstructural elements. C. Structural Alterations. Interior or exterior structural alterations may be made to nonconforming structures provided the alterations do not increase the degree or extent of the structure's nonconformity nor create any new nonconformities. D. Damage or Destruction. 1. Nonresidential Structures. A nonconforming nonresidential 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. 2. Determination of Replacement Cost. In determining the replacement cost of a structure, the Director may utilize City building permit records, contractor estimates, assessed valuation, and any other information deemed by the Director to be reflective of replacement cost. 3. Residential Structures. A nonconforming residential structure which is destroyed or damaged to any extent by fire, explosion, earthquake, or other disaster may be restored. E. Safety of Structures. Nothing in this Section shall be construed to prevent the strengthening or restoration to a safe condition of any structure declared to be unsafe by an officer of the City charged with protecting the public safety upon order of such officer. 9.270.060 Nonconforming Parking and Signs. Refer to Section 9.150.100 for provisions regarding nonconforming parking and Section 9.160.110 for provisions regarding nonconforming signs. 270-3 9.270. NONCONFORMITIES 9.270.070 Plans Previously Approved. Uses, tentative subdivision lots, tentative parcel map lots, and structures approved prior to the effective date of this Zoning Code which are nonconforming under this Code may nevertheless be established, recorded, or constructed in accordance with approved plans or maps provided all other applicable laws and regulations are satisfied. 9.270.080 Illegal Uses and Structures. Nothing in this Chapter shall be construed so as to allow for the continuation of illegal land uses or structures, i.e. uses or structures which did not comply with the zoning ordinance(s) in effect when they were established. Such illegal uses or structures shall be subject to the enforcement provisions of The Municipal Code and shall be removed immediately. 2704 CHAPTER 9.280: DEFINITIONS 9.280.010 Purpose and Applicability. This Chapter shall be known as the Zoning Code definitions. The purpose of these provisions is to promote consistency and precision in the interpretation of this Code. The meaning and construction of words and phrases as set forth shall apply throughout this Code except where the context of such words or phrases clearly indicates a different meaning or construction. 9.280.020 Use of Terms. A. Rules for Construction of Language. The following general rules of construction shall apply to the textual provisions of this Code: 1. The specific shall supersede the general. 2. The word "shall" is mandatory. The word "may" is discretionary. The word "should" identifies a regulation or design guideline which must be followed in the absence of compelling opposing considerations identified by the City decision -making authority. 3. In the case of any difference of meanings or implication between the text regarding a provision of the Code and any title, heading, caption, or illustration, the text shall control. 4. Unless the context clearly indicates otherwise, words used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular. 5. Unless the context clearly indicates otherwise, certain conjunctions shall be interpreted as follows: a. "And" indicates that all connected items or provisions shall apply. b. "Or" indicates that the connected items or provisions may apply singly or in any combination. c. "Either ... or" indicates that the connected items or provisions shall apply, but not in combination. 6. Unless otherwise indicated, all public officials, bodies and agencies to which reference is made are those of the City of La Quinta. B. Time Periods. The use of the term "days" to describe a specific time period does not include the day the action was taken but does include all subsequent days unless the last day falls upon a Saturday, Sunday, or a legal City holiday, in which case the next business day shall be the last day of the time period. 280-1 9.280. DEFINITIONS 9.280.030 Definition of Terms. Abandoned means a structure or use, the development or operation of which has been ceased or suspended. Abutting or adjacent means two or more parcels sharing a common boundary at one or more points. Access/egress means provision for entering a site from a roadway and exiting a site onto a roadway via motorized vehicle. Accessory building or structure means a building or structure, the use of which is subordinate and incidental to the main building or use on the same building site.. Accessory use means a land use subordinate and incidental to the principal use on the same building site. Actual construction means the actual placing of construction materials in their permanent position fastened in a permanent manner except that where a basement is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved. Administrative office means a place of business for the rendering of service or general administration, but not including retail sales. Adult business, adult entertainment business, or adult oriented business. See Sexually oriented business, Chapter 5.80 of the Municipal Code. Advertising device or display. See sign definitions, Section 9.160.120. Alley means a secondary means of access to abutting property located at the rear or side of the property. Alteration means any physical change in the internal or external composition of a building or other structure. Animal hospital or animal clinic. See veterinary clinic. Antenna means a device for transmitting or receiving radio, television, satellite, microwave, or any other transmitted signal. 280-2 9.280: DEFINITIONS Apartment means a dwelling unit within an apartment building designed and used for occupancy by one family on a rental basis. Apartment building or Apartment project means a building or group of buildings in a single ownership with three or more dwelling units per building and with most or all units occupied on a rental basis. Area, project net. See Project net area. Attached structures means two or more structures which are physically connected with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any other structure, fixture or device that exceeds 30 inches in height above the finished grade. Attached dwelling or attached residential. See Dwelling, attached. Automobile repair specialty shop means a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition. Automobile service station means a retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day -today operation of motor vehicles. Automobile wrecking or Automobile dismantling means the storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts. Awning means a roof -like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements. Basement means a habitable building level which is partly or completely underground. A basement shall be counted as a building story if more than five feet of the height of any portion is above adjoining finish grade. Bed and breakfast or "B & B" means an establishment primarily engaged in providing temporary lodging (i.e. less than 30 days) for the general public with access provided through a common entrance to guest rooms having no cooking facilities. Meals may or may not be provided. Bedroom means any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room, or living room. Berm means a mound or embankment of earth. 280-3 9.280: DEFINITIONS Billboard. See sign definitions, Section 9.160.120. Boarding house means any building or portion thereof with access provided through a common entrance to guest rooms having no cooking facilities. Guest rooms are rented on a monthly basis or longer and meals are provided. Buildable area means the portion of a building site remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area. Building means an enclosed structure having a roof supported by columns or walls. Building height means the height of a building relative to the surrounding ground area. Measurement of maximum building height is defined in Sections 9.50.050 and 9.90.010. Building, main means the building containing the main or principal use of the premises. Building, relocatable means a building which is not placed on a permanent foundation and is designed to be movable from one location to another without the need for a special permit such as that required to move a conventional house. Relocatable buildings include but are not limited to mobilehomes, construction trailers, and modular buildings. Building site means a parcel or contiguous parcels of land established in compliance with the development standards for the applicable zoning district and the City's Subdivision Code. Building site area means the horizontal area within a building site expressed in square feet, acres, or other area measurement. Building site coverage. See Lot coverage. Building site, panhandle or flag. See Lot definitions Building site, through means a building site having frontage on two parallel or approximately parallel streets. [see `lot, through"] Business park See Industrial park CEQA means the California Environmental Quality Act. Caretaker means a person who lives on the premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises. Carport means a roofed structure or a portion of a building which is open on two or more sides for 280-4 9.280. DEFINITIONS the parking of automobiles belonging to the occupants of the property. Cellar means a non -habitable building level which: (1) has more than one-half of its height below the adjoining finish grade at all points; and (2) has a floor area no more than one-half that of the floor immediately above. A cellar is not counted as a building story. Certificate of occupancy or certificate of use and occupancy means a permit issued by the City prior to occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled. Child day care center or preschool means a child day care facility operated by a person, corporation or association used primarily for the provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions. Child day care facility means, consistent with Section 1596.750 of the state Health and Safety Code, a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes both child day care centers and child day care homes. Child day care home or family day care home means, consistent with Section 1596.78 of the state Health and Safety Code, a child day care facility which regularly provides care, protection and supervision of 12 or fewer children in the provider's own home, including children under the age of ten years who reside at the home. City means the city of La Quinta. City council means the city council of the city of La Quinta. Cleaning plant or laundry plant means a central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies. Clinic, medical means an organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care. Club means an association of persons for some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses. Code means this Zoning Code unless another code, ordinance or law is specified: 280-5 9.280. DEFINITIONS Commercial means operated or conducted on a frequent basis for the purpose of financial gain. Commercial center. See Shopping center. Commercial recreation means any use or activity where the primary intent is to provide amusement, pleasure or sport but which is operated for financial gain. It includes establishments where food and beverages are sold as a secondary or ancillary use, but does not include restaurants, nightclubs and cocktail lounges. Commercial vehicle means a vehicle customarily used as part of a business for the transportation of goods or people. Commission means the planning commission of the city of La Quinta unless another commission is indicated. Community care facility. See Residential care facility. Community apartment project means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. Conditional use permit. See Use permit. Condominium means, consistent with Section 1351 of the state Civil Code, an undivided interest in common in a portion of real property coupled with a separate interest in space in a residential, industrial or commercial building on such real property, such as an office or store or multifamily dwelling. A condominium may include, in addition, a separate interest in other portions of such real property. Congregate care facility means a facility providing care on a monthly basis or longer and which is the primary residence of the people it serves. It provides services to the residents such as the following: dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such a facility may be located in more than one building and on contiguous parcels within the building site. Congregate living facility means a single family residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer developmentally disabled persons or six or fewer persons undergoing treatment for alcohol or drug abuse and which is permitted in single family residences by operation of state law. (see also "residential care facility') Convalescent home or Convalescent hospital means a facility licensed by the state department of health services which provides bed and ambulatory care for more than six patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including 280-6 9.280: DEFINITIONS persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A convalescent home may also be known as a nursing home, convalescent hospital, rest home, or home for the aged. Conversion project means an apartment house or multiple or group dwelling which is existing, under construction or for which building permits have been issued, and which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development. Corner lot. See definitions under Lot. County means the county of Riverside unless another county is indicated. Day care center. See Child day care center. Decision -making authority or decision -making body means a person or group of persons charged with making decisions on proposals, applications, or other items brought before the city. Density means the number of dwelling units per gross acre, unless another area measurement is specified. Detached building or structure means a building or other structure that does not have a wall or roof in common with any other building or structure. Development means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. Director or Community Development Director means the Community Development Director of the City or the Director's authorized agent or representative. District. See Zoning district. District, Nonresidential. See Nonresidential District. District, Residential. See Residential District. 280-7 9.280: DEFINITIONS District, Special Purpose. See Special Purpose District. Drive-in or drive-thru means designed or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle. Driveway means a vehicular passageway providing access from a public or private street to a structure or parking area or, in the case of residences, to a garage, carport, or legal parking space. A driveway is not a street. Driveway approach means a designated area between the curb or traveled way of a street and the street right-of-way line that provides vehicular access to abutting properties. When vehicular access to a building site is provided by way of a common driveway, the driveway approach is the line of intersection where the individual driveway abuts the common driveway. Duplex means a permanent building containing two dwelling units on a single lot. Dwelling means a building or portion thereof designed and used for residential occupancy, but not including hotels or motels. Dwelling, attached means a main dwelling unit attached to one or more other main dwelling units by means of a roof or interior wall. Dwelling, main or primary residence means the dwelling unit permitted as the principal use of a parcel or building site, either by itself or with other dwelling units (as in multifamily buildings). Dwelling, multifamily means a building containing three or more dwelling units on a single parcel or building site. Dwelling, single-family means one main dwelling unit on a single parcel or building site. Dwelling, single-family attached means a main dwelling unit attached to one other main dwelling unit by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. Dwelling, single-family detached means a main dwelling unit not attached to any other main dwelling unit. Dwelling, patio home means a single family detached dwelling shifted to one side of the lot; i.e. placed on the lot so that one side setback is zero or nearly zero and the other side setback is larger than if both side setbacks were approximately equal. Dwelling, townhome means a main dwelling unit attached typically to two or more other main dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. 280-8 9.280. DEFINITIONS Dwelling unit means one or more rooms, including a bathroom and kitchen, designed and used for occupancy by one family for living and sleeping purposes. Dwelling unit, second. See Second residential unit. Easement means a recorded right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land. Educational institution means a private or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education. Elevation means the vertical distance above sea level. Employee's quarters means quarters, with or without cooking facilities, for the housing of domestic employees and located upon the same building site occupied by their employer. Enclosed means roofed and contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits. Exception means a city -approved deviation from a development standard based on the following types of findings by the decision -making authority: (1) A general finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and (2) One or more specific findings justifying the particular exception requested. Family means one or more persons occupying one dwelling unit. The word "family" includes the occupants of congregate living and residential care facilities, as defined herein, serving six or fewer persons which are permitted or licensed by the state. The word "family" does not include occupants of a fraternity, sorority, boardinghouse, lodging house, club or motel. Family day care home. See Child day care home. Flag. See sign definitions, Section 9.160.120. Flag lot or panhandle lot. See definitions under Lot. Flood means a general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by 280-9 9.280. DEFINITIONS accumulations of water on or under the ground. Flood insurance rate map (FIRM)' or Flood boundary and floodway map mean the official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city. Floodplain means the land area adjacent to a watercourse and other land areas susceptible to being inundated by water. Floodproofing means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway means the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floor area, gross. See Gross floor area. Floor area, livable. See Livable floor area. Floor area ratio means the numerical value obtained by dividing the gross floor area of all buildings, except parking structures, located on a building site by the building site area. Fraternity house or Sorority house means a building or portion of a building occupied by a chapter of a regularly organized college fraternity or sorority officially recognized by an educational institution. Freestanding sign. See sign definitions, Section 9.160.120. Front lot line. See definitions under Lot line. Gas station or service station. See automobile service station. Garage means a building or portion of a building used primarily for the parking of motor vehicles. General plan means the General Plan of the city of La Quints Government Code means the California Government Code. Grade, average means the elevation determined by averaging the highest and lowest elevations of a parcel, building site, or other defined area of land. 280-10 9.290. DEFINITIONS Grade, average finish means the elevation determined by averaging the highest and lowest elevations of a parcel, building site, or other defined area of land after final grading. Grade, finish means the ground elevation at any point after final grading. Grading means the filling, excavation or other movement of earth for any purpose. Granny flat or Granny housing means a secondary dwelling unit which is: (1) intended for the sole occupancy of one or two adult persons 62 years of age or over, and (2) located on a building site containing an existing single family detached dwelling. The floor area of an attached granny flat does not exceed 30 percent of the existing floor area of the primary single family residence and the floor area of a detached granny flat does not exceed 1200 square feet. (See also Second residential unit). Grazing means the act of pasturing livestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown as the principal sustenance of the livestock so grazed. Gross acreage means the land area, expressed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre. Gross density. See Density. Gross floor area means the total square footage of all floors of a building, including the exterior unfinished wall structure but excluding courtyards and other outdoor areas. Gross lot or parcel area. See Lot area, gross. Ground floor area means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. Ground sign. See freestanding sign in sign definitions, Section 9.160.120. Guest house means an attached or detached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building and their non-paying guests. Habitable area see Livable floor area. Habitable room means any room usable for living purposes, which includes working, sleeping, 280-11 9.280: DEFINITIONS eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room. Hazardous waste means a waste or combination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, or flammability, or its physical, chemical, or infectious characteristics, may: 1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or 2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Home for the aged. See Convalescent home. Home occupation means an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See Section 9.60.110. Hospital means a facility licensed by the state department of health services providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients. Hotel means any building or portion thereof with access provided through a common entrance, lobby or hallway to guest rooms which are rented on a daily or weekly basis and which has cooking facilities in less than 25 percent of the guest rooms. Identification sign. See sign definitions, Section 9.160.120. Industrial parr Business parr or Office park means a nonresidential development wherein the permitted uses are planned, developed, managed and maintained as a unit, with landscaping, amenities, and common offstreet parking provided to serve all uses on the property. Intensity means the level of development or activity associated with a land use, as measured by one or more of the following: 1. The amount of parking required for the use per Chapter 9.150. 2. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics. 3. The floor area occupied by the use. 4. The percentage of the building site occupied by the use or by the structure containing the use. Interior lot line. See definitions under Lot line. Kennel or animal shelter means any property where four or more dogs are kept or maintained for any purpose except for treatment at pet grooming services or veterinary clinics or hospitals. 280-12 9.280. DEFINITIONS Kitchen means any room all or part of which is designed and/or used for the cooking or other preparation of food. Land use. See Use. Land use intensity. See Intensity. Landfill, sanitary means an area designed and used for the disposal of solid waste on land by spreading it in layers, compacting it and covering it daily with soil or other approved cover material. Laundryplant. See Cleaningand laundry plant. Livable floor area means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. Live entertainment means any act, play, revue, pantomime, scene, dance, or song, or any combination of the foregoing performed in person by one or more persons whether or not they are compensated for their performance. Living Area. See Livable floor area. Lodging house. See Boarding house. Lot means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this Code. Types of lots and their definitions are as follows: ■ Corner lot means a lot abutting two streets intersecting at an angle of not more than 135 degrees. If the angle of intersection is more than 135 degrees, the lot is an "interior lot". ■ Flag or panhandle lot means a lot connected to the street with a narrow access portion less than 40 feet wide and more than 20 feet long and situated so that ass PORnM stag �, us Fuo nor � _ MYUYF WT0Wn nor 11WOUGH Ulf ^oN► ww caa+e� nor arasr Lot Types and Lot Lines 280-13 9.280. DEFINITIONS another lot is located between the main portion of the flag lot and the street. ■ Interior lot means a lot abutting only one street or abutting two streets which intersect at an angle greater than 135 degrees. ■ Key lot means a lot with a side lot line that abuts the rear lot line of one or more adjoining lots. ■ Reverse corner lot means a comer lot, the rear of which abuts the side of another lot. ■ Through lot means a lot with frontage on two parallel or approximately parallel streets. Lot area means the horizontal land area within a lot expressed in square feet, acres, or other area measurement. Lot coverage or Building site coverage means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area For purposes of this definition, "ground floor area" shall mean all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings, and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. Lot frontage means the length of the front lot line. Lot line or Property Line means any boundary of a lot. The classifications of lot lines and their definitions are as follows: ■ Front lot line means the following: • on an interior lot, the line separating the lot from the street; • on a comer lot, the shorter line abutting a street. (If the lot lines are equal or approximately equal, the Director shall determine the front lot line.) • on a through lot, the lot line abutting the street providing primary access to the lot. ■ Interior lot line means any lot line not abutting a street. ■ Rear lot line means a lot line which does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly -shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten -foot long line parallel to and most distant from the front lot line for the purposes of determining setbacks and other provisions of this Code. ■ Side lot line means any lot line which is not a front or rear lot line. 280-14 9.280. DEFINITIONS Lowest floor means, with regard to flood protection, the lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of the FP Floodplain District, Section 9.140.030. Manufactured home means a residential building transportable in one or more Sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. Master plan of arterial highways means a component of the circulation element of the city's general plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the city. Master plan of drainage means an engineering report outlining the drainage facilities needed for the proper development of the city. Median means a paved or planted area separating a street or highway into opposite -direction travel lanes. Medical clinic. See Clinic, medical. Ministorage facility means a building containing various size storage compartments not exceeding 500 square feet each, wherein each compartment is offered for rent or lease to the general public for the private storage of materials excluding materials sold at the facility or delivered directly to customers. Minor use permit. See Use permit. Mobilehome. See Manufactured home. . Mobilehome park or Mobilehome development means any area or tract of land used to accommodate mobilehomes for human habitation, including pads for mobilehomes, clubhouses, recreation facilities, and other ancillary structures and facilities. The term includes mobilehome parks and mobilehome subdivisions. See Section 9.60.180. Modular home. See Manufactured home. Monument sign. See sign definitions, Section 9.160.120. Motel means a building or group of buildings containing guest rooms rented on a weekly basis or less, with cooking facilities in less than 25 percent of the guest rooms and with most or all guest rooms gaining access from an exterior walkway. 280-15 9 280: DEFINITIONS Multifamily dwelling or residence. See Dwelling, multifamily. Net site area or Net lot area means the total land area within the boundaries of a parcel or building site after ultimate street rights -of -way and easements that prohibit the surface use of the site are deducted. Net project area means all of the land area included within a development project excepting those areas with before -development slopes of 30 percent or steeper and those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. Noncommercial coach means a vehicle, with or without motive power, designed and equipped for human occupancy for classrooms and other nonresidential and noncommercial uses. Nonconforming use means a land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes,'is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. See Chapter 9.270. Nonconforming lot means a lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270. Nonconforming structure means a structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270. Nonconformity means a land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this Zoning Code. The term nonconformity does not include illegal uses, lots, or structures, i.e. which were not lawful when established or constructed. See Chapter 9.270. Nursery, day care. See Child day care facility. Nursing home. See Convalescent home. Office park. See Industrial park. Official zoning map. See Zoning map. 280-16 9.280. DEFINITIONS Offsite hazardous waste facility means any structures, other appurtenances or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including but not limited to: (1) Incineration facilities (i.e. rotary kiln, fluid bed, etc.); (2) Residual repository (i.e. receiving only residuals from hazardous waste treatment facilities); (3) Stabilization/solidification facilities; (4) Chemical oxidation facilities; (5) Neutralization/precipitation facilities; or (6) Transfer/storage facilities. Open space means any parcel or area of land or water, public or private, which is reserved for the purpose of preserving natural resources, for the protection of valuable environmental features, or for providing outdoor recreation or education. Open space does not include roads, driveways or parking areas not related to recreational uses, any buildings, building setback areas or the required space between buildings, or surface utility facilities. Open space, usable means open space which is predominately level (i.e. slopes less than five percent) but which may contain some steeper land (i.e. with slopes up to 20 percent) which has utility for picnicking or passive recreation activities and which complements surrounding usable open space. Usable open space is a minimum of 15 feet in width and 300 square feet in area and may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, walkways, or bicycle trails. Outdoor advertising sign. See Billboard in sign definitions, Section 9.160.120. Paragraph means a portion of this Zoning Code beginning immediately after an upper case letter, or a combination letter and number, followed by a period e.g. A. or A. I., extending to the next such upper case letter or combination letter and number, followed by a period, e.g. B. (Usage example: "...as stated in paragraph A. [or A.1.] of this Section...'). Such references shall mean a paragraph within the same Section unless otherwise indicated. (see also Section and Subsection.) Parcel means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this Code. Panhandle lot or flag lot. See definitions under Lot. Parking accessway means a vehicular passageway that provides access and circulation from a street access point into and through a parking lot to parking aisles and between parking areas. 2s0-17 9.280. DEFINITIONS Parking structure means a structure which is open or enclosed and is used for the parking of motor vehicles. Parkway means the area of a public street that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space. Patio home. See Dwelling, patio home Permitted use means a land use allowed within a zoning district under this zoning code and subject to the applicable provisions of this code. Person means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, receiver, syndicate; public agency, the state of California or its political subdivisions or instrumentalities, or any other group or combination acting as a unit. Planned unit development means a residential, commercial, office, industrial or other type of development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project. Pole sign. See sign definitions, Section 9.160.120. Portable sign. See sign definitions, Section 9.160.120. Precise plan or Precise plan of development means the plan or plans for a project, development, or other entitlement approved by the decision -making authority. A precise plan may include site, grading, architecture, landscaping plans and may also include a plan text describing the project design, development phasing, and other characteristics. Precise plan of highway alignment means a plan, supplementary to the master plan of arterial highways, which establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines. Primary residence. See Main dwelling. Principal use means the primary or predominant use of any parcel, building site or structure. Project area means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. See also Net project area. 280-18 9.280. DEFINITIONS Projecting sign. See sign definitions, Section 9.160.120. Property line means a lot line or parcel boundary. Public agency means the United States, the state, the county or any city within the county, or any political subdivision or agency thereof. Rear lot line. See definitions under Lot line. Recreational vehicle or R V means all trailers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motorhomes, travel trailers, "5th wheels", and camper shells.. Recycling means the process by which waste products are reduced to raw materials and transformed into new products. Relocatable building. See Building, relocatable. Residential care facility or Community care facility means a residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer of the following: wards of the juvenile court, elderly persons, mentally disordered persons, handicapped persons, or dependent and neglected children. Such a facility is permitted in all types of residences by operation of state law. (see also "congregate living facility') Residential, multifamily. See Dwelling, multifamily. Residential, single-family. See Dwelling, single-family. Restaurant means any use providing for the preparation, retail sale, and consumption on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive -through stores, bars, cocktail lounges, and places of business with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term restaurant may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant, drive-thru means a restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Rest home. See Convalescent home. Retail means the selling of goods or merchandise directly to the ultimate consumer. 280-19 9.280. DEFINITIONS Reverse vending machine means a machine which accepts recyclable materials, such as aluminum cans, newspapers, or other materials, from the public and dispenses money in return. Riding and hiking trail means a trail or way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles. Right-of-way means the entire width of property used for streets, highways, flood or drainage works, overhead or underground utilities, or any related improvements. Roof sign. See sign definitions, Section 9.160.120. Roominghouse. See Boardinghouse. Satellite dish antenna means an apparatus capable of receiving communications from a manmade satellite. Scenic highway means any highway designated a scenic and/or historic highway by an agency of the city, state or federal government. Second residential unit, Second dwelling unit, or Second unit means a secondary dwelling unit which is not intended for sale but may be rented and which is located on a building site containing a pre-existing single family detached dwelling. The floor area of an attached second unit does not exceed 30 percent of the existing floor area of the primary single family residence and the floor area of a detached second unit does not exceed 1200 square feet. (See also "Granny flat). Section means a portion of this Zoning Code beginning immediately after a six- or seven -digit number beginning with 9., e.g. 9.10.010 or 9.280.030, and extending to the next such six- or seven -digit number. (See also Subsection and Paragraph.) Senior citizen means a person 55 years of age or older. Senior citizen residence means a residential care facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer senior citizens. Senior group housing means a residential development which is developed or substantially renovated for and occupied by seven or more senior citizens. (Includes senior citizen hotels, retirement hotels, and senior citizen apartments.) Service means an act or any result of useful labor which does not in itself produce a tangible commodity. Service station. See gas station. 280-20 9.280: DEFINITIONS Setback means the distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line, or other specified boundary. Sexually oriented business, see Chapter 5.80 of the Municipal Code. Shopping center or Commercial center means a commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and offstreet parking provided to serve all uses on the property. Side lot line. See definitions under Lot line. Sidewalk sale or Parking lot sale means the temporary outdoor display and sale of merchandise which is normally displayed indoors at the location of an individual retail business not located within a shopping center. (See also Special commercial event). Sign means any medium for visual communication, including but not limited to words, symbols and illustrations together with all parts, materials, frame and background, which medium is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. Also, see sign definitions, Section 9.160.120. Single-family dwelling or residence. See Dwelling, single-family Single room occupancy (SRO) facility or SRO hotel means a residential facility which is rented on a weekly or longer basis and which provides living and sleeping facilities for one or two persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared Site. See Building site. Site area, net. See Net project or site area. Site coverage. See Building site coverage. Site development permit or development permit. See Section 9.210.010. Slope or slope gradient means the vertical distance between two points on a slope divided by the horizontal distance between the same two points, with the result expressed as a percentage; e.g., "the slope has a 20 percent gradient" (usually used to describe natural as opposed to manufactured, slopes). Slope ratio means the steepness of a slope expressed as a ratio of horizontal distance to the vertical rise over that horizontal distance; e.g., 2:1(usually used to describe manufactured as opposed to natural, slopes). 280-21 9.280: DEFINITIONS Special commercial event means the temporary outdoor display and sale of merchandise by two or more tenants within a commercial center, or arts and crafts shows, fairs, or entertainment events within a commercial center. (See also Sidewalk sale). Speck plan means a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and state Government Code Section 65450 et seq. Stock cooperative means a corporation which is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property; title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the shares of stock or membership certificate in the corporation held by the person having such right of occupancy. Storage means a place where goods, materials, and/or personal property is placed for more than 24 hours. Story means that portion of a building included between the surface of any floor and the surface of the floor immediately above it or if there is no floor above, then the space between the floor and the ceiling above it. Street means a public or private vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways. Structure means anything that is erected or constructed having a fixed location on the ground or attachment to something on the ground and which extends more than 30 inches above the finish grade. A mobilehome or relocatable building, except when used as a temporary use with its weight resting at least partially upon its tires, is a structure for the purposes of this definition. Subsection means a portion of a Section of this zoning code designated by a Section number followed immediately by an upper case letter; for example, subsection 9.10.01 OA. (see also Section and Paragraph.) Swimming pool means an artificial body of water having a depth in excess of 18 inches, designed, constructed and used for swimming, dipping or immersion purposes by humans. Temporary use means a land use established for a specified period of time, which use is discontinued at the end of such specified time. Townhome. See Dwelling, townhome. 280-22 9.280. DEFINITIONS Transient basis means for a continuous period of two weeks or less. Transitional Shelter means a shelter for homeless persons or victims of domestic abuse which provides accommodations for persons on a transient basis, i.e. for a continuous period of two weeks or less. Two -unit attached dwelling. See Dwelling, two -unit attached. Ultimate right-of-way means the right-of-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown in the General Plan. Use or land use means the purpose for which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained. Use permit means a discretionary entitlement under the provisions of this Zoning Code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, or residents while uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents, or businesses. See Section 9.210.020. Variance. See Section 9.210.030. Vehicular accessway means a private, nonexclusive vehicular easement affording access to abutting properties. Veterinary clinic means a place where animals no larger than the largest breed of dogs are given medical and surgical treatment, primarily on an outpatient basis, and where the boarding of animals under treatment is incidental to the principal clinic use. Wall sign. See Building -mounted sign in sign definitions, Section 9.160.120. Wing wall means an architectural feature in excess of six feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building. Yard means an open space on a parcel of land or building site unobstructed and unoccupied from the ground upward except for wall projections permitted by this code. Yards are classified as follows: ■ Front yard means a yard extending across the full width of the lot between the front lot line or 280-23