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ORD 325ORDINANCE NO. 325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONING CODE AMENDMENT TO TITLE 9 (ZONING CODE) OF THE MUNICIPAL CODE ZONING CODE AMENDMENTS 97-058 AND 98-061 CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 16T" day of June, 1998, 7th day of July, 1998, and 20th day of July, 1998, hold duly noticed Public Hearings to consider a Zoning Code Amendment to amend Title 9 (La Quinta Zoning Code) of the Municipal Code; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 9th day of June, 1998, and on the 261h day of May, 1998, hold duly noticed Public Hearings to consider the Zoning Code Amendments to amend Title 9 (La Quinta Zoning Code) of the Municipal Code and did recommend approval; and, WHEREAS, at said Public Hearings, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to justify the approval of said Zoning Code Amendment: 1. The proposed Code amendments are consistent with the goals, objectives, and policies of the General Plan in that the amendments will provide for enhanced residential and nonresidential development throughout the City. 2. The proposed Code amendments will not create conditions materially detrimental to the public health, safety, and general welfare in that they are created to enhance the developed City, thus ensuring the protection of the Cities citizens. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. Title 9 (La Quinta Zoning Code) of the La Quinta Municipal Code is hereby amended as shown on Exhibit "A", on file in the Community Development Department. RSTAMORD ZCA 97-058 98-061 Ordinance No. 325 Adopted: 8/4/98 Page 2 SECTION 2. ENVIRONMENTAL. Said Zoning Code Amendment requests have been determined to be exempt from the California Environmental Quality Act pursuant to Section 15061 (b, 3) of the Guidelines for Implementation. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED this 4t" day of August, 1998 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor NOES: None ABSENT: None ABSTAIN: None (�" 1-4-, JOHN Y PENY, Mayor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California P:STAN\ORD ZCA 97-058 98-061 Ordinance No. 325 Adopted: 8/4/98 Page 3 APPROVED AS TO FORM: &.,,- o. 44".. "1 10 Q 0 DAWN C. HONEYWEI L, City Attorney City of La Quinta, California RSTAMORD ZCA 97-058 98-061 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 32,fwhich was introduced on the 20TH day of July, 1998 and was adopted at a regular meeting held on the 4th day of July, 1998 not being less than 5 days after date of introduction thereof. I fu her certify that the foregoing ordinance was posted in three (3) places within the Ci of La Quinta as specified in a resolution of the City Council. AUNDRA L. J OLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on August 14, 1998 pursuant to City Co t Resolution. L. JU LA, City Clerk City of La Quinta, California EXHIBIT "A" Amend Chapter 9.30: to renumber the following Section page numbers: Sections: 9.30.050 RM Medium Density Residential District ............................ 30-5 9.30.060 RMH Medium High Density Residential District ...................... 30-6 9.30.070 RH High Density Residential District ............................... 30-7 Amend Section 9.30.010.0 by changing Section 9.60.190 title, renumber the Section page numbers, and add new Section 9.60.320, 9.60.330, and 9.60.340: 9.60.060 Garages and Carports ............................................ 60-7 9.60.120 Pets and Other Animals ......................................... 60-14 9.60.190 Family Child Care Facilities ..................................... 60-19 9.60.200 Senior Citizen Housing ......................................... 60-20 9.60.210 Construction and Guard Offices .................................. 60-22 9.60.270 Density Bonuses for Affordable Housing ........................... 60-27 9.60.290 Time Share Regulations ........................................ 60-32 9.60.300 Compatibility Review for Partially - Developed Subdivisions ................................... 60-37 9.60.320 Resort Residential ............................................. 60-40 9.60.330 Residential Tract Development Review ............................ 60-41 9.60.340 Custom Home Design Guidelines ................................. 60-42 Amend Section 9.30.020.0 as follows: Max. Lot Coverage.........................................................40% Min. Livable Floor Area Excluding Garage ................................ 2,500 sq. ft. Amend Section 9.30.030.0 as follows: Max. Lot Coverage.........................................................50% * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 ft. and 25 ft.+ in order to avoid streetscape monotony. 2 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17 foot building. Amend Section 9.30.040.0 as follows: However, existing frontages under 60 ft. Are buildable provided other standards are met.) * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 ft. and 25 ft. + in order to avoid streetscape monotony. Section 9.50.090 in the RC Zone District contains additional details and illustrations regarding development standards. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd Delete Section 9.30.040.D in its entirety: Amend Section 9.30.050.0 as follows: * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. 2 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17 foot building. Amend Section 9.30.060.0 as follows: * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. 2 For interior setbacks, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17 foot building. Amend Section 9.30.070.0 as follows. * Projects with five or more adjacent lots facing the same street shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. 2 For interior side yards, 5 feet minimum plus 1 foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between 5 and 10 feet from said sideyard property line. For the RH Zone the interior setbacks, if the building is over 28 feet in height, the setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28 foot building height. Amend Section 9.40.030.C.2.a. as follows: C. 2.a. The RH and RMH residential uses are part of a mixed -use planned development. Amend Section 9.40.040 Table of Uses as follows: Table 9-1: Permitted Uses in Residential Districts Accessory Uses and Structures 11 Satellite dishes and other antennas subject to §9.60.080 1 A I A I A I A I A I A 11 SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 2 On lots of 1 ac. or more, the noncommercial keeping of A A X X X X hoofed animals, fowl (except roosters) and rabbits, subj. to §9.60.120. Hoofed animals include horses, sheep, goats, pot bellied pigs, and similar. The keeping of horses is subject to §9.140.060 and limited to one horse per 2.5 acres. Other Uses Communication towers and equipment subject to Chapter 9.170 1 C C C C C C Add under Residential Uses: 11 Resort Residential subject to Section 9.60.320 C C X C C I C 11 Add under Group Living and Care Uses: ICongregate care facility C C C C I C I C 11 Amend Chapter 9.50 to renumber the Section page numbers and add new Section: 9.50.040 Illustration of Development Standards ................................. 50-4 9.50.050 Maximum Building Height .......................................... 50-8 9.50.060 Architectural Projections ............................................ 50-8 9.50.070 Irregular Lots ..................................................... 50-9 9.50.080 Setbacks from Surface Easements .................................... 50-10 9.50.090 RC Zone District ................................................. 50-10 Amend Section 9.50.020 as follows: Section 9.50.020 Height Limits and Setbacks Near Image Corridors In order to facilitate noise screening for residents and preserve visual openness, it is necessary to limit building heights for residential development. Therefore, notwithstanding the height standards set forth elsewhere in this Code, additional height limitations shall apply to buildings within 150 feet of the edge of right-of-way of the following General Plan -designated Image Corridors: • Primary, Secondary, & Agrarian Image Corridors: All buildings limited to one story or 22 feet. Rear and side yard setbacks for residential units abutting the Image Corridors shall be a minimum of 25- feet, with the exception of the RVL Zone District, where it only applies to the side yard. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 3 Amend Table 9-2: Residential Development Standards as follows: Min. Project Size for n/a n/a n/a n/a 20,000 20,000 * n/a Multifamily Projects (sq.ft.) Min. Frontage for n/a n/a n/a n/a 100 100 * n/a Multifamily Projects (ft) Min. Garage Setback(ft) n/a 25 25 25 25 25 * ** Min. Interior/Exterior 10/201 5/10 5/10 5/10 5110 10/15 * ** SideYard Setback (ft)5 ' Min. Rear Yd. Setback 30 20 for new lots & 10 15 15 20 (ft)' 10 for existing recorded lots Max. Lot Coverage 40 50 60 60 60 60 (% of net lot area) Min. Livable Area 2500 € 1400 1400 1400 € 1400 750 * ** Excluding Garage (sq.ft.) (multi- for fam: multi- 750) fam. Min./avg. Perimeter 10/2 10/2 Landscape Setbacks (ft.)6 10/20 10/20 n/a 0 10/20 10/20 0 n/a ' Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Min. lot frontage for flaa lots shall be 15 feet. 2 Not including basements. Also, notwithstanding above Table, the maximum structure height = 22' for all buildings within 150' of any General Plan -designated Image Corridor, except in the RC Zone, which is 17 feet. 3 For non -garage portions of dwelling only. Also, projects with five or more adjacent single family dwelling units facing the same street shall incorporate front setbacks varying between 20 ft. and 25 ft. or more in order to avoid streetscape monotony. 5 The following are exceptions to the minimum side setbacks shown: • For interior side yards in the RL, RM, and RMH Districts, if the building is over 17 feet in height, the setback is five feet plus one foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of ten feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17 foot building. For RH, 5 feet minimum plus 1 foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between 5 and 10 feet from said sideyard property line. For interior setbacks, if the building is over 28 feet in height the setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28 foot building height. Rear and side yard setbacks for residential units abutting the Image Corridor, shall be a minimum of 25' with the exception of RVL Zone District where it only applies to the side yard. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 4 a Figures 501, 503, and 504 are attached in their changed version. Amend: Section 9.50.060.B.3 as follows: 3. Balconies, exterior stairways, and elevated uncovered decks may encroach a maximum of four feet into required front and rear setbacks provided such projections are no closer than 3%2 feet from any property line. Such projections shall not encroach into required side setbacks nor increase a buildings usable floor space. Amend Section 9.50.070.H.2.b. and 9.50.070.H.4 and add the following new Section: b. The front lot line shall then be determined as that lot line adjacent to the accessway which has the least amount of lot width. 4. Minimum Lot Frontage. Minimum lot frontage for flag lots shall be 15 feet. Add a new Section 9.50.090 RC District Development Standards In addition to the requirements of Chapter 9.30 (Residential Districts) and Chapter 9.60 (Supplement Residential Regulations) the following shall be required for homes built within the RC District: A. Requirements. 1. All single family residences shall be reviewed using the Cove Residential Design Procedures. 2. Manual on Architectural and Landscape Standards: The Planning Commission shall, by resolution, adopt Architectural and Landscape Manuals to be used as guidelines in reviewing landscape materials, architectural style, exterior building materials, colors, and mass and scale. 3. Architectural Variety: Duplication of houses having the same architectural design features on the front elevation of other houses located within two hundred feet of each other, shall make provisions for architectural variety by using different colors, roof treatments, window treatments, garage door treatments, and methods. 4. Minimum gross livable area: One thousand two hundred (1,200) square feet, excluding the garage, as measured from the exterior walls of the dwelling. 5. Bedroom dimensions: A minimum ten -foot clear width and depth dimensions, as measured from the interior walls of the room. 6. Bathrooms: There shall not be less than one and one-half baths in one -or two -bedroom dwellings, and not less than one and three-quarter baths in dwellings with three or more bedrooms. 7. Exterior walls shall be cement plaster and may be accented with stone, brick, wood, or other similar materials. 8. Sloping roofs on new homes shall be constructed of clay, or concrete tile. Replacement of existing roofs shall also require the use of clay, or concrete tile, unless the Community Development Director determines that the roof support structure will not support such materials. Building additions and accessory structures may have roofs of the same or similar materials as the existing home. (All properties listed on the City's Historic Building Survey shall be exempt from this requirement.) SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 5 9. Landscaping: All front and exterior side yards shall be landscaped to property line. 10. The landscaping shall include trees, shrubs and groundcover of sufficient size, spacing, and variety to create an attractive and unifying appearance. Landscaping shall be in substantial compliance with the standards set forth in the Manual on Architectural Standards and the Manual on Landscape Standards as adopted by the Planning Commission. 11. An irrigation system shall be provided for all areas required to be landscaped. 12. The landscaping shall be continuously maintained in a healthy and viable condition. 13. Screening: Refuse containers and bottled gas tanks shall be concealed by view obscuring fencing, or walls. 14. Underground Utilities: All electric services, overhead wires, or associated structures must be installed underground. 15. Lighting: All exterior lighting shall be located and directed so as not to shine directly on adjacent properties and shall comply with the Dark Sky Ordinance. 16. Fencing: Rear and side yards shall be completely enclosed and screened by view -obscuring fencing, walls, or combinations as illustrated in the Manual on Architectural Standards. 17. Earth fill shall not exceed what is necessary to provide minimum required drainage to the street. 18. When there is a combined retaining and garden wall, and the retaining wall exceeds three feet, the garden wall shall not exceed five feet in height. B. Building design guidelines --Multiple approvals. Developers or applicants who intend to construct five or more approvals for construction of single-family houses within the RC District shall comply with the following: 1. Master design guidelines: Submit master design guidelines to the Planning Commission for approval. Guidelines are to contain plans and information specifying the methods for varying the exterior appearance of the single-family houses. This shall include, but not be limited to, variations of architectural design including roof types and structures, window treatments, entry treatments, and setbacks. 2. Compliance with guidelines: Cove Residential Design approvals for single-family houses shall comply with the Design Guidelines as approved by the Planning Commission. C. Cove Residential Design Application Procedures. Cove Residential Design. The following procedures shall apply to all applications for approval of a Cove Residential permit: Applications for consideration of a Cove Residential Design approval shall be made to the Community Development Department. The application shall be accompanied by three complete sets of plans consisting, at a minimum, of the site plan, floor plan and front building elevation, and if appropriate the street sideyard elevation, a deed showing the applicant's ownership of the subject property, or a letter of authorization from the property owner consenting to the submittal of this application, and a filing fee as set by resolution of the City Council. 2. Determination of Completeness. The Community Development Department shall make a determination of completeness at the time of submittal of the application and shall not accept SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 6 9.SU: ALJ�UCl��lALLC►CLVi`i1�L;1�1 J�.1.�UnIu��. 9.50.040 Illustration of Development Standards. DEVELOPMENT STANDARDS: RVL & RL FIGURE 501 RVL VERY LOW DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 20,000 sq/ft Max. Lot Coverage., 40% Mina Livable Floor Area (excluding garage): 2500 sq/ft Mex ate 2g I riea , 2 -,Q-- M,n. Lot Fronts 9e c �0 , etb 0 �j ��Side RL LOW DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 7200 sq/ft Max. Lot Coverage: 50% Min. Livable Floor Area (excluding garage): 1400 sq/ft Max Ht. =2tI Max. Stories - 2 i �M�n' dot F ronta9e , g0, C:\Ivly Documents\WPDOCS\zoupdate-residential&supres.wpd Min. Rear. Setback = 30' Min. Interior Side Setback = 10' Min. Exterior Side Setback = 20' ack = 30' entry garages min. 20' Min. Rear Setback _ = 20' for new lots and 10' for existing —telorded lots Interior,sa6ack, if building is over 17' is 5' plus 1' for every foot over In height or fraction thereof, up to a maximum setback of 10'. The additional setback may be provided entirely at grade to level or a combination of at grade and Ion = 20'. airspace above the 17' building height. ,ack = 25 Min. Exterior Side Setback = 10' DEVELOPMENT STANDARDS: RM AND RMH DISTRICTS FIGURE 503 RM MEDIUM DENSITY RESIDENTIAL DISTRICT Min. Lot Size: 5000 sq/ft Max. Lot Coverage: 60% Min. Livable Floor Area (excluding garage): 1400 sqlft Min. Common Open Area: 30%• Min. Perimeter Landscape Setbacks: 10/20' Max Ht. ` Max. stor,4 = 2 Qar Min `ot Frontage- 5 , For single family attached o �- side setbacks, see RICH below Min. Rear Setback = 15' Interior setbacks, ding is over 1T eight the a ack Is 5' p itoot for oot over eight o coon thereof, to etback of 10'. The setback may be provided / ely at grade level or a combination of at grade and airspace above the 17' building height. Min. Exterior Side Setback = 10' Zero Lot Line Homes = to 10' Aggregate of Both Sides n=20'. ;k = 25' *Common open area = % of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: 1st no. = min. at any point; 2nd no. - min. avg. over entire frontage (thus, 10/20). This standard does not apply to detached single family residential. See Sec. 9.60.240 for additional landscape/open area standards. RMH MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT Min. Lot Size for Single Family: 3600 sq/ft Min. Project Size for Multifam. Projects: 21 Max. Lot Coverage: 60% Min. Livable Floor Area (excluding garage): 1400 sq/ft; Multifarfi.: 750 sq/ft Min. Common Open Area: 36%.* Min. Perimeter Landscape Setbacks: 10/20' Max I attached Max. 3toriei side a 2 MI n, on 94 MIq, Fro�ge for M., 10 Fe1nily t1fom. Prolsota a 40, cts a 100 C:\Ivly Documents\WPDOCS\zoupdate-residential&supres.wpd Min. Rear Setback =15' MULTIFAMI D SGL FAM. DETACHED: InM tback, if the building is over 17' in haW the setback Is 5' plus 1' for every foot over 17' in height or fraction thereof, to a maximum setback of 10'. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17' building height. Min. Exterior Side Setback = 10' Zero Lot Line Homes = 10' Aggregate, both i SINGLE FAMILY ATTACHED: DEVELOPMENT STANDARDS: RH AND RSP DISTRICTS FIGURE 504 RH HIGH DENSITY RESIDENTIAL DISTRICT Min. Project Size for Apt. Projects: 20,000 sq/ft Min. Lot Size for Single Family Attached: 2000 sq/ft Max. Lot Coverage: 60% Min. Livable Floor Area for Apt. Units: 750 sq/ft Min. Common Open Area: 30%' Min Perimeter Landscape Setbacks: 10/20• i Maz, gto►tw Mtn, Fronta0a '�7c Mirr tOrMultlfeM prQ/eM Min s ! 100. Carrel Min. Rear Setback = 20' Interior se$was, if the building la over 2!A.W in height the setback Is 10' foot for every foot over 28' In ht or fraction thereof, to a maximum aatback of W. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace ront Setback to above the 28' building height. iarage Portion n 20'. Min. Exterior Side Setback - 15' Israge Setback = 25' SINGLE FAMILY ATTACHED: roll -up type 0' on Attached Side, 10' on Open Side Common open area and perimeter landscape requirements do not apply to single family detached projects unless a specific plan Is required. Common open area - % of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: 1st no. - min. at any point; 2nd no. - min. avg. over entire frontage (thus, 10120). See Sec. 9.60.240 for additional landscape/open area standards. RSP RESIDENTIAL SPECIFIC PLAN OVERLAY DISTRICT Min. Common Open Area = 30% Perimeter Landscape Setbacks:* • 10' min. at any point, 20' min. average over Perimeter Le entire perimeter' • 10' Min. Other development standards . 20' Min. to be as shown on approved Average specific plan for the project Prolsct Boundary "Perimeter setback area shall not be counted as common open area or vice versa 9.50.050 Maximum Building IIcight. For purposes of this Code, the maximum height of buildings and other structures shall be defined CAMy Documents\WPDOCS\zoupdate-residential&supres.wpd for processing any application which is not complete. This determination shall be based upon a written checklist, a copy of which shall be provided to the applicant if the application is determined to be incomplete. 3. Required Plans. The plans shall be drawn to scale (1" = 8' using a 24" X 36" sheet format) and shall indicate clearly, and with full dimensioning where applicable, the following: a. Name and address of the applicant. b. Name and address of all property owners of the subject property. C. Legal description and assessors parcel number. d. Lot dimensions. e. Location of adjacent streets, drainage structures, utilities and other features that may affect the use of the property. f. The use and dimensions of all proposed buildings and structures (including existing structures proposed for retention), and their setbacks from property boundaries and between buildings. g. Location and construction of proposed driveways and off-street parking areas. h. Exterior building materials and colors. i. Landscaping plan for the front yard, and sideyards adjacent to the street for corner lots, shall indicate the size, species, and location of all materials. j. Location and type of materials for all fences or walls, including retaining walls. k. Grading and drainage plan showing existing elevations at one -foot contour intervals, proposed elevations, adjacent roadway elevations, finish floor elevation of garage, finish elevations at each building corner and flow lines of surface water on and off the site. 4. Findings Required for Approval. No Cove Residential Permit shall be approved unless the Community Development Director determines that it complies with the following standards: a. The proposed use and design conform to all applicable requirements of the City's General Plan and any other applicable specific plan adopted by the City in effect at the date of approval. b. The proposed development complies with the requirements of the RC District. C. The architectural aspects of the front elevations have varied architectural design features from other houses within 200-feet. d. Approval of the development shall not be a detriment to the public's health, safety, and welfare. e. The design takes into account the existing physical characteristics of the site, including topography, drainage, and trees. 5. Review of Application. Within two weeks after acceptance of a complete application, the Community Development Director shall approve, conditionally approve, or deny the application; or shall advise the applicant that an adjustment must be requested. 6. Term for Approval. A Cove Residential permit shall be approved for a period of time not to exceed six months, by which time a building permit shall have been obtained. Upon securing a building permit, time limits set forth in the Uniform Building Code shall apply. 7. Conditional Use Permit procedure for affordable housing. Applications for conditional use permits shall be made for variations of development standards pursuant to Section 9.60.270.D.4. for affordable housing units produced in compliance with State or Federal housing program implementation. 8. Cove Residential Adjustments Procedure. An applicant may request an adjustment to the SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 7 requirements of the Development Standards. a. Filing. Applications for the consideration of an adjustment shall be made to the Community Development Director. The application shall be accompanied by nine complete sets of plans consisting of a minimum of. the site plan, floor plan, and exterior building elevations, a deed showing the applicant's ownership of the subject property or a letter of authorization from the property owner consenting to submittal of this application, a listing of all property owners within a two -hundred foot radius of the subject property, and a filing fee as set by resolution of the City Council. b. Determination of completeness: same as Subsection D2 of this section. C. Required plans: same as Subsection D3 of this section. d. Findings required for approval: same as Subsection D4 of this section. e. Review of Application. Within thirty days after acceptance of a complete application, the application shall be presented to the Planning Commission, who shall approve, conditionally approve, or deny the application. f. Notice of Planning Commission Review. A notice shall be mailed within a minimum of seven calendar days prior to the Planning Commission meeting to all property owners within a two -hundred (200) foot radius of the subject property. g. Term of approval: same as Subsection D6 of this section. 9. Appeals Procedure. An applicant, or any other interested party, may appeal in writing, stating the reasons for appealing the decision of the Community Development Director to the Planning Commission, or the decision of the Planning Commission to the City Council, within fifteen (15) calendar days of the date of decision, in accordance with the provisions of Section 9.200.120. Amend Chapter 9.60: Supplemental Residential Regulations as follows: 9.60.190 Child Care Facilities ................................................... 60-19 9.60.200 Senior Citizen Housing ................................................. 60-20 9.60.210 Construction and Guard Offices .......................................... 60-22 9.60.250 Model Home Complexes ................................................ 60-23 9.60.270 Density Bonuses for Affordable Housing ................................... 60-27 9.60.280 Bed and Breakfast Regulation ............................................ 60-31 9.60.290 Timeshare Regulations .................................................. 60-32 9.60.300 Compatibility Review for Partially -Developed Subdivisions ........................................ 60-37 9.60.310 Restrictions on Multi -Story Buildings at Project Boundaries ......................................... 60-40 9.60.320 Resort Residential..................................................... 60-40 9.60.330 Residential Tract Development Review .................................... 60-41 9.60.340 Custom Home Design Guidelines ......................................... 60-42 Amend Section 9.60.030.0 as follows C. Fence Heights. The construction and installation of fences shall be in compliance with the following standards: SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 8 2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet within any required setback area not adjoining a street. Where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. However, fence height shall not exceed eight feet measured from either side with the exception of the RC District (see Section 9.30.040). 4.a. 2) Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other if parkway width is less than 12-feet wide. D.1. Materials. Gates shall be constructed of ornamental iron/tubular steel and/or wood. Such gates may be placed in any location provided they meet the requirements of this Section and provided any wood used is not less than a grade of construction heart or merchantable and better redwood or #2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -repellant material. Wood gates over 36 inches wide shall have a metal frame. Chain link gates are prohibited. Vehicular driveway gates shall be constructed of ornamental iron/tubular steel and metal if solid. If screening an RV, the gate shall be constructed of a solid opaque material. 2. Width. Pedestrian gates shall not exceed 5-feet in width, except that gates may be any width within sideyard setbacks of at least 12 feet. E.1. c. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal 4" x 4" redwood, pressure -treated lumber, tubular steel or block and installed per the Uniform Building Code. G. Prohibited Fence Materials and Construction Fences. The use of barbed wire, razor wire, chain link, or similar materials in or on fences is prohibited in all residential districts. Chain link fencing is permitted for temporary construction fences when authorized by a minor use permit issued in accordance with Section 9.210.020. Said minor use permit shall not be approved until a permit for grading, or construction, has been filed for, whichever comes first. Amend: Section 9.60.040 as follows: B.1. The location of decks shall be governed by the standards for wall projections in Section 9.50.060. 4. No yard structure shall be located less than five feet from any adjacent residential lot or from any rear property line adjacent to a public or private right-of-way. 6. Eaves or roofs may overhang into the required setback a maximum of 18 inches. Setbacks shall be measured from the nearest supporting member of the structure to the property line or, if the property line is at the toe of a slope, from the top of the slope. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 9 8. Wood Lattice cross -members in patio covers or trellises shall be of minimum nominal 2" x 2" material. 9. No patio cover, trellis, gazebo, arbor, similar structure, or combination thereof shall cover more than 50 percent of the rear area required setback. Amend Section 9.60.070 as follows and add B.4. A. Applicability. The provisions of this Section shall apply to any outdoor swimming pool, whirlpool, spa (in -ground or above -ground), or open tank or pond containing or normally capable of containing water to a depth of 18 inches or more at any point. For purposes of this Section, the term "pool" means all or any of the foregoing facilities. B.1. Location. Pools shall be located at least three feet (measured from water's edge) from any property line. No adjustments to this minimum shall be approved with the exception of private gated communities, where any property line if adjacent to common open area. 2. Filter and Heating Equipment. Mechanical pool equipment, such as a pump, filter or heater, may be located within the required front, or rear yard setback areas. The equipment shall be enclosed with the exception of a roof. A five foot sideyard, clear of any permanent obstructions shall be maintained between the sideyard property line and the building. Pool equipment that can be accommodated in this area, shall be enclosed, with the exception of a roof.. The Community Development Director shall determines if this provides effective noise and vibration attenuation. Equipment shall be screened from view from the street when in the front yard. In addition, equipment shall be screened from ground view of surrounding properties. Such visual screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting. 4. Screening shall be provided as required in Section 9.60.140B(2). Amend Section 9.60.100.B.1. "Guest house" shall mean a detached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building, their non-paying guests, and domestic employees. Amend Section 9.60.130.C. as follows: C. Definition. For purposes of this Code, a "Recreational Vehicle" or "RV" shall mean all trailers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motor homes, travel trailers, "5th wheels", and camper shells that extend more than 12-inches above the roof of the pickup truck on which it is located. Passenger vans which have been converted for use as a recreational vehicle and do not exceed nine feet in height are exempt from this Section. This section shall not apply to commercial or construction vehicles which are regulated by Section 12.32.110 - 12.32.130. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 10 Amend Section 9.60.140 as follows and add B.I.A. B.1. Roof -Mounted Equipment. Roof -mounted utility and mechanical equipment, including but not limited to air conditioning, heating, resta int"6xhaust fans, electrical elevator structures, roof accesses, etc., may be permitted only as follows: a. For flat roofs, a screened enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building. Screening shall be an integral part of the roof design and not appear as an afterthought. C. Roof mounted equipment shall be screened from view of surrounding two-story (or more) residential development and, where feasible as determined by the city, from two-story commercial and other types of development. d. No equipment shall be placed on any sloped roof. 2. Ground -Mounted Equipment. Ground -mounted utility, mechanical, and pool, spa, or water feature equipment shall be screened from ground view of surrounding properties. Such screening may consist of perimeter walls or fencing (if permitted), screen walls, or landscape planting. Equipment within unenclosed exterior side yards shall be screened by an opaque wall. Amend Section 9.60.180.E. E. Minor Use Permit Required. Approval of a minor use permit by the Planning Commission shall be required prior to the placement of a manufactured home on a single family lot subject to the provisions of Section 9.210.020 The permit shall not be approved unless the Community Development Director finds that the dwelling meets the same development standards as provided for single family homes for each district as set forth in Chapter 9.50 and elsewhere in this Code in addition to the standard findings for approval of a site development permit per Section 9.210.010. Amend Section 9.60.190 as follows: Section 9.60.190 Child Care Facilities A. Purpose. The purpose of this Section is to provide standards for the establishment and operation of child care facilities within residential districts consistent with Chapters 3.4 and 3.6 of Division 2 of the state Health and Safety Code. B. Small Child Care Facilities. Child care facilities serving eight or fewer children are permitted in all residential districts except the RH District. Such facilities shall conform to the following requirements: 2. All facilities shall be licensed and operated in accordance with state, county, and local health, safety, and other regulations. 5. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms to the standards of Section 9.60.030 (Fences and Walls). No such play area shall be provided where fences are limited to less than five feet in height. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 11 C. Large Child Care Facilities. Child care facilities serving nine to fourteen children are permitted in all residential districts except the RH District if a minor use permit is approved. Such facilities shall conform to the preceding requirements for small child care facilities plus the following: A minor use permit approved by the Community Development Director shall be required to establish a large child care facility in accordance with Section 9.210.020. In addition, all facilities shall comply with this Section and with any additional requirements imposed as part of the use permit or of any other applicable permit. 2. No large child care facility shall be approved on a parcel which is within 500 feet of another parcel which either already contains such a facility or which has a valid permit for such a facility. 3. All outdoor play areas shall be fully enclosed by a minimum five feet high fence which conforms to the standards of Section 9.60.030 (Fences and Walls). No such play area shall be provided where fences are less than five feet in height. Amend Section 9.60.200.B.2 as follows: B.2. All facilities shall be licensed and operated in accordance with state, county, and local health, safety, and other regulations. Amend Section 9.60.240 by adding F. F. Perimeter setback and parkway areas shall have undulating terrain. Seventy-five percent of the longitudinal length adjacent to the street shall have above curb level berms and mounds exceeding two feet, but not more than three feet. The berms and mounds shall be undulated and fluctuating in position to accommodate the meandering sidewalk and shall cover not less than sixty five percent of the landscape setback area. No retention of storm waters is allowed within the setback area other than incidental stormwater that falls on the setback. The maximum slope steepness shall not exceed 4:1 anywhere in the landscape setback area, and shall not exceed 8:1 in the first six feet adjacent to the curb in the right of way. Amend Section 9.60.250 as follows: C.1. Number. A maximum of eight flags shall be permitted. There shall be no more than one flag per pole. United States, state, and other similar flags shall count in the maximum of eight flags. 6. Flag Copy. Commercial or advertising flag copy is prohibited. E. Requirements for Approval. Any approving action shall include those conditions and requirements deemed by the decision -making authority to be necessary or advisable to protect the public safety and the general welfare, together with adequate guarantees (bonds, letters of credit, etc.) that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit. In addition to those findings required for the approval of an application, any approving action for a temporary real estate office shall also include the following finding: SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 12 Amend Section 9.60.300 as follows: B. Definition. For purposes of this Section, the terin "compatible" shall mean residential buildings which are similar in floor area and harmonious in architectural style, mass, scale, materials, colors, and overall appearance. C. Applicability. This Section applies to all second story additions and new residential units which are different from those originally constructed and/or approved and which are proposed for construction within a partially developed subdivision, except for a custom home subdivision, project or phase. These requirements are in addition to other applicable regulations in this Code. F. Public Hearing Required. A public hearing shall be noticed and held per Section 9.200.110 prior to Planning Commission approval or denial of any site development permit consisting of the construction of a total of five houses within a tract under the compatibility review provisions of this Section. Construction of a total of five or less units shall require review and approval of the Planning Commission as a Business Item. The Community Development Director may require that additional notice be given by enlarging the notification radius or by other means determined by the Director. I.2. If lot fencing has been provided in the subdivision, the new developer shall provide the same or better type of fencing for the new dwelling(s), as determined by the Planning Commission, including any perimeter subdivision fencing. 3. e. Building mass and scale 4. At least one specimen tree (i.e., minimum of a 24-inch box size (1.5-inch to 2-inch caliper) and minimum 10 foot tall, measured from top of box) shall be provided in the front yard and street side yard with the total number of trees on each lot to be the same as that provided for on the original units. 6. Residential units with identical, or similar, front elevations shall not be placed on adjacent lots or directly across the street from one another. Add a new Section 9.60.320 Resort Residential A. Purpose. Resort Residential provides for the development and regulation of a range of specialized residential uses that are individually owned but rented for periods of 30 consecutive days or less, on a regular basis and oriented to tourist and resort activity as part of a Golf/Resort Country Club. Land uses include single family detached or attached residential uses, eating and drinking facilities, small accessory retail and personal service shops, and recreational buildings. B. Review Process. Resort residential uses are permitted when developed as part of a residential golf country club. The conditional use application review process shall be used subject Section 9.210.020. C. Development Standards. The following standards apply to the development of Resort Residential uses: SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 13 ITEM Min. Lot Frontage Max. Building Height QUANTITY Max. No. Of Stories Min. Livable Floor Area Excluding Garage Min. Front Yard Setback from: Street or Parking Stall Curb Pedestrian Circulation Walks Garage/carport Setback -from Street Curb Min. Building to Building Setback: Without Partial Attachment (See Note) With Partial Attachment (See Note) Min. Interior/Exterior Side Yard Setbacks Min. Rear Yard Setback Maximum Allowable Wall Height Minimum Parking Required 30 ft. 28 ft.(1) 22 ft.(1)Adjacent to an Image Corridor 2 420 sq/ft. 8 ft. 5 ft. 5 ft. 6 ft. 4 ft. 3 ft.(2) 5 ft. 8 ft. 1 Space per Bedroom 1 Space per 300 sq/ft. GFA Note: Partial attachment of two buildings is made when an enclosed area having a typical interior function such as a hot water heater closet, furnace closet, or other essential use, is attached to two otherwise separate buildings. Construction standards and fire ratings shall meet U.B.C. requirements. 1. Residential unit's supporting mechanical equipment shall be allowed within side yard setback area with a minimum three foot clearance to the side property line. D. Allowable Resort Residential Units and Commercial Uses. The density of the allowable units is determined by the underlying General Plan land use designation. The eating and drinking facilities, small accessory retail and personal service shops, and recreational buildings shall be an integral part of the development. These facilities shall not utilize more than five acres of the total site. E. Transient Occupancy Tax. Resort residential shall be applicable to all provisions of Chapter 3.24 of the Municipal Code. Add new Section 9.60.330 Residential Tract Development Review. A. Purpose. The purpose of this Section is to: 1. Provide architectural guidelines to insure a varied and aesthetically attractive view from the street as well as from the lot for all new tracts and country clubs. 2. Provide for an increased spatial variety in plotting of units. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 14 3. Provide for an attractive project entrance B. Applicability. The provisions of this Section shall apply to all residential tracts. C. Site Development Permit Required. All projects subject to these guidelines shall obtain approval of a Site Development Permit from the Planning Commission as a business item, unless required otherwise. D. Design Guidelines. 1. Each prototype plan proposed shall be provided with a minimum two different front elevations with structural changes (roof type, height, etc.) to insure a varied and marked difference. 2. No more than one of each prototype plan shall have a continuous (one height) roof (such as a hipped or gable) when viewed from the front and rear of the unit. 3. Any side of a residential unit that is flat (one continuous plane) and has windows (2' X 2' or larger) and doors provided with plastered or wood surrounds (3" minimum depth) on at least two sides of the frame. E. Project Entrance. 1. Vehicular entrances into projects shall be provided with an enhanced design. This shall include, but not be limited to, increased landscaping quantities and sizes, earth berming, upgraded corner wall design and project identification sign. Add new Section 9.60.340. Custom Home Design Guidelines. A. Purpose. Because custom home subdivisions and projects have homes that are individually designed and constructed by property owners, design guidelines. B. Applicability. The provisions of this Section shall apply to subdivisions and residential projects which are entirely or partially made up of custom homes. C. Site Development Permit Required. All projects subject to these guidelines shall obtain approval of a Site Development Permit from the Planning Commission as a business item, unless required otherwise. D. Planning Commission Approval. The design guidelines shall include, but not be limited to, the following: 1. Statement that compliance with minimum design standards is required (i.e., setbacks, lot coverage, building height, landscaping, unit size, screening, garages, etc.). These standards may be more restrictive than City requirements. 2. Standards for architectural style materials, and colors, etc., of residences and related SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 15 construction. Amend Section 9.70.010.D. by adding 9.100.290 Fugitive Dust Control ................................................ 100-34 Amend Section 9.80.030 as follows: In accordance with General Plan Policies 2-3.1.6 through 2-3.1.8, single family residential uses may be established in the CR District outside the NR Nonresidential Overlay. Such projects may have up to a proportion of 100 percent residential. The following requirements shall apply: 1. A specific plan shall be approved and the project shall conform to the RSP Residential Specific Plan standards of Sec. 9.30.080 with regard to common open area and perimeter landscaping with the exception of single family residential. Amend Section 9.80.040 Table of Permitted Uses by adding: 7. "S": Permitted under a specific plan Amend Table 9-5 Permitted Uses in NonResidential Districts as follows: Residential Uses Golf courses and country clubs (see GC District permitted uses, Chapter 9.120) C A C X C A P Driving Range Unlighted P A C X P A P Tennis clubs or complexes C A C X C A C Health clubs, martial arts studios, and dance studios, 5000 sq/ft floor area or less P P P P P P A Residential, Lodging, and Child Care Uses Single family residential S X X X X I X X Mixed -use projects: residential and office/commercial S X X X X X X RV Rental Parks and Ownership/Membership Parks C X X I X I C X X Resort Residential S X SFX S X X Delete: SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 16 Bed __ Bteeiefast iftns ii Amend: Other Uses Sexually -oriented businesses, subject to §9.110.080* I C I X I X I X I X I X I X Amend Section 9.90.020 Roof Projections B. Antennas. Satellite dish or other antennas shall not extend above the maximum structure height specified in Table 901 (see Chapter 9.170 for Communication Towers and Equipment regulations and Section 9.100.070 Satellite and Other Antennas). Amend Table 9-6 Non Residential Development Standards 11 Max. Building Height (ft.)1, 6 50 1 35 1 40 1 35 1 40 1 40 1 40 I Amend the Section page number for Chapter 9.100 and add new Section 9.100.240 Service Station Standards ............................................. 100-31 9.100.290 Fugitive Dust Control ................................................ 100-34 Amend Section 9.100-030.D.1.b. and add F. D.1. b. Between two points located on and five feet distant from the point of intersection of an ultimate street or alley right-of-way on one hand and the edge of a driveway or an- other alley right-of-way on the other if parkway width is less than 12-feet wide. F. Prohibited Fence Materials. The use of barbed wire, razor wire or similar materials in or on fences is prohibited in all Nonresidential Zones. In addition, chain link fencing is prohibited in any location where it is readily visible from off the site. Amend Section 9.100-040 by adding the following: B.7. Perimeter setback and parkway areas in the street right of way shall have berms and mounds to screen parking areas in the adjacent commercial property. One hundred percent (100%) of the longitudinal length adjacent to the street shall have berms and mounds exceeding three feet, but not more than four feet. The berms and mounds shall be undulated and fluctuating in position to accommodate the meandering sidewalk and shall cover not less than 65% of the landscape setback area. Incidental storm water that falls on said setback areas may be retained on the setback area. C. Use of Landscape Setback Areas for Retention along Highway 111 only. The landscape SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 17 setback area shall not be used for storm water retention for storm water falling on the project site, but may be used for some storm water retention for storm water falling within the setback area itself and the adjacent street right of way provided the retention areas are designed to the following guidelines: 1. The maximum depth of the depressed areas for storm water retention shall not exceed 2.0 feet below the adjacent street curb. 2. The maximum slope steepness shall not exceed 4:1 anywhere in the landscaped setback area, and shall not exceed 8:1 in the first six feet adjacent to the curb in the right of way. 3. The basin areas shall have a curvilinear perimeter. 4. The sidewalk shall not enter any retention area where the sidewalk may be subject to inundation by any 50-year storm. Amend Section 9.100.050.D.7.c. D.7. c. Berms. Landscaped berms may be used for screening or in combination with walls, solid fences, and plant screens. Delete Section 9.100.050.D.8. Amend Section 9.100.060 as follows: A.2. Height and Placement. Except as specified in Subsection 3.a of this Section, detached accessory structures may be placed or constructed only where main buildings are permitted and shall not exceed 12 feet in height. B.1. Where fences and walls are limited to a maximum height of 2y2 feet as specified in Section 9.100.030 (Fences and Walls). Amend Section 9.100.070 as follows: A.1. Permitted Commercial Antennas. Commercial television, radio, microwave, communication towers, and related facilities are permitted as principal uses in all districts subject to approval of a conditional use permit and conformance with the requirements of Chapter 9.170 (Communication Towers and Equipment). 2. Permitted Accessory Antennas other than those described above. Roof -mounted antennas screened from a horizontal line of sight and ground -mounted antennas which do not exceed ten feet in height and which meet the requirements of Subsection B of this Section may be permitted as accessory structures without a minor use permit. All other antennas shall require approval of a minor use permit. B.2. A ground -mounted antenna which is an accessory use shall be located within the rear yard SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 18 (minimum 5-foot from the rear property line) or may be located within a side yard if not within the required side yard setback. Ground -mounted antennas are prohibited from exterior (street) side yards unless not visible from the street. Amend Section 9.100.100.1 as follows: 1. Fresh produce and flowers may be sold from a temporary sales facility. The temporary use permit for a sales facility shall include permitted dates of operation. Amend Section 9.100.110 as follows: A. Definition. Outdoor vendors include hotdog stands, ice cream carts, and similar retail uses which utilize a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size and design suitable for placement on a private sidewalk, plaza, or pedestrianway. BA. The outdoor vending use shall not be located on a public sidewalk or within a public street right-of-way. Amend Section 9.100.120.A. as follows: A. Purpose. This Section provides regulations for the permanent outdoor storage and display of merchandise, materials and equipment. Amend Section 9.100.130 as follows: B.2. A special commercial event means the temporary outdoor display and sale of merchandise, not necessarily sold indoors at the same location, arts and crafts shows, entertainment, or similar events within a commercial center. C.2. A sidewalk sale or a special commercial event may be conducted over a maximum of four consecutive days and no more than once within four calendar months at any location. Each such event shall require the approval of a temporary use permit. Special commercial events which benefit nonprofit organizations, can be held more than once every four months if conducted on sidewalk areas and approved by the Community Development Director regardless of who is sponsoring, or participating in the event. Amend Section 9.100.140 by adding GA. GA. Illuminated Awnings. The use of lighting inside a transparent or translucent ground or wall mounted awning is prohibited. Delete Section 9.100.150.G.1. and add the following: M. Display Lighting Use. With the approval of a Minor Use Permit, searchlights and laser lights may be used. Display lighting is defined as a beam of light projected into the sky. This type of lighting shall comply with the following requirements: SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 19 Permits shall be issued for grand openings only. A grand opening shall commemorate an initial building or project opening, a change in ownership of an existing business, or remodel/enlargement of over 50% of the floor area or a new business in an existing building. 2. The only uses allowed to apply for this permit are: shopping centers with not less than 50,000 square feet of least area, hotel with 50+ rooms, or part of an automall. The application for a permit must be received two weeks prior to the event commencing. 4. Hours of operation should be limited from dusk to 10:00 p.m. 5. Use of the display light(s) is limited to a maximum period of six days per calendar year. 6. Section 5.64.060 of the Municipal Code, regarding use of searchlights shall be complied with. 7. Use of display lights may be in conjunction with an entertainment event or similar activity. 8. FAA approval shall be obtained prior to each event, if required. Amend Section 9.100.170 as follows: The temporary placement of a trailer, recreational vehicle, or relocatable building or the temporary use of a permanent structure on an active construction site for use as a construction and/or watchman's quarters, and the establishment of a materials and equipment storage yard, shall be permitted subject to approval of a temporary use permit and the following requirements: Amend Section 9.100.250 Child Care Centers as follows: 9.100.250 Child Care Centers. Child care centers or preschools in nonresidential districts shall conform to the following requirements regardless of the number of children served by the facility: A conditional use permit shall be required to establish a child care center per Section 9.210.020. In addition, all facilities shall comply with this Section and with any additional requirements imposed as part of the conditional use permit or by any other applicable permit. 2. All facilities shall be licensed and operated in accordance with state, county, and local health, safety, and other regulations. Amend Section 9.100.260.3 to 9.100.260.2: 3. All facilities shall be operated in accordance with state, county, and local health, safety, and other regulations. Amend Section 9.100.280 as follows: SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 20 The erection, placement, construction and maintenance of bus benches and bus shelters shall be regulated in accordance with established City policies and procedures in conjunction with the Sunline Transit Joint Powers Authority. Add a new Section: Section 9.100.290 Fugitive Dust Control. Compliance with Chapter 6.16, Fugitive Dust Control, is required for applicable land uses and construction and demolition activities. Amend TABLE 9-11: PARKING FOR RESIDENTIAL LAND USES Lodging and Child Care Uses Child care centers, including preschools and nursery schools 1 space per staff member plus 1 space per 5 children. Parking credit may be given if queuing area for more than 4 cars is provided, but resulting parking shall be not less than 1 per staff member plus 1 per 10 children Recreational Vehicle Parks One automobile parking space on each recreational vehicle lot plus one space per 20 recreational lots for visitors. Add a new Chapter: Stacking analysis may be required to define a drop- off facility that accommodates at least four cars in a continuous flow, preferably one-way, to safely load and unload children CHAPTER 9.185: RECREATIONAL VEHICLE PARK Sections: 9.185.010 Purpose and Intent .................. 185-1 9.185.150 Common Recreation Area ............ 185-6 9.185.020 Definitions ......................... 185-1 9.185.160 Screening .......................... 185-6 9.185.030 Permitted Zone Districts 185-2 9.198.170 Exterior Lighting ................... 185-6 9.185.040 Applicability ....................... 185-2 9.185.180 Improvement of Spaces .............. 185-6 9.185.050 Occupancy p y 185-2 9.195.190 Automobile Parking ................. 185-6 9.185.060 Prohibited Uses ..................... 185-3 9.185.200 Accessways and Roads ............... 185-6 9.185.070 Accessory Structures 185-3 9.185.210 Outdoor Storage .................... 185-7 9.185.080 Prohibited Accessory Structures ....... 1854 9.185.220 Trash Removal ..................... 185-7 9.185.090 Coverage .......................... 1854 9.185.230 Utilities ........................... 185-7 9.185.100 Density1854 9.185.240 Movement of Recreational Vehicles .... 185-7 9.185.110 Area of Parks and Lots .............. 185-5 9.185.250 Subdivision of Lots .................. 185-8 9.185.120 Frontage of Parks and Lots ........... 185-5 9.185.260 Conflicts with Zoning District 9.185.130 Setbacks and Yards ................. 185-5 Requirements .................. 185-8 9.185.140 Landscaping ....................... 185-5 S:\City Clerk\Ordinances\zoupdate-clerkversion.wpd 21 9.185.010 Purpose and Intent. These regulations are intended to provide for development of recreational vehicle rental parks and ownership/membership parks. In a manner which will be compatible with surrounding properties. This Chapter is to define various types of recreational vehicle parks and recreational vehicle campgrounds, and to provide for their proper development, as opposed to mobile home parks, and to provide a reasonable compatibility with adjoining properties while allowing a diversity of uses. 9.185.020 Definitions.. For the purposes of this Section, the following definitions shall apply. A. "Recreational Vehicle" means, as defined by Section 18010 of the California Health and Safety Code, a motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, which meets all of the following criteria: 1. It contains less than 320 square feet of internal living room area, excluding sliders, and built- in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. 2. It is built on a single chassis. 3. It is either self-propelled, truck -mounted, or permanently towable on the highways without a permit. 4. It is constructed in accordance with Standard No. Al19.2 of the American National Standards Institute, as may be changed by the regulations of the State Department of Housing and Community Development. B. "Recreational Vehicle Park" means, a recreational development containing active recreational amenities and lots for the parking of recreational vehicles, as temporary residences. For the purpose of this Code, recreational vehicle parks are further defined as either: 1. Rental Parks, where the recreational vehicle park is owned by a single owner or organization and all recreational vehicle lots are rented or leased for a period not exceeding 210 days in any one year. 2. Ownership/Membership Parks, where the recreational vehicle lots are owned by individuals, but the park itself and the amenities, including common areas, are maintained by a homeowner association or other organization in which all recreational vehicle owners must maintain membership, or in which the individual lots are owned by an overall membership organization, of which individual recreational vehicle owners are members, provided in any circumstances the lots are not occupied for a period exceeding 210 days in any one year. C. "Recreational Vehicle Lot", means that part of a recreational vehicle park for the exclusive use of the occupants of a recreational vehicle. The recreational vehicle lot shall include the exclusive SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 22 adjoining parking space and the required open space around the recreational vehicle. An RV lot may be rented, leased, or, if permitted, herein, purchased as a separate parcel of land. 9.185.030 Permitted Zone Districts. A recreational vehicle park is permitted in the CR and CT Districts by an approved conditional use permit. Such a use is not permitted in any other district. 9.185.040 Applicability. The following uses are permitted in all parks subject to the provisions of this chapter: A. Placement of recreational vehicles for nonpermanent residency. Note per City definition a recreational vehicle does not include mobile homes. B. Permanent residency for manager or other employees in the operation of the park in a detached single family residence. C. Delicatessen, RV accessories, snack bar and food store, provided this use is fully contained in a social or recreation center at least 100 feet from any property line of the recreational vehicle park, and serving only park guests. D. Similar uses: The Planning Commission may, by the conditional use permit approval process, permit any other uses which it may determine to be similar to those listed above, operated exclusively for the convenience of recreational vehicle park residents, and not more detrimental to the public health, safety and welfare, or to other uses permitted in the park, as provided in this Code. All uses shall be subject to the property development standards contained herein. 9.185.050 Occupancy. A. Rental Parks: The length of occupancy in a recreational vehicle in any one lot shall not exceed 210 days in any one year. B. Ownership/Membership Parks: The length of occupancy in a recreational vehicle in any one lot shall not exceed 210 days in any one year. C. As to Subsections "A" and "B" of this Section, the limitation upon total number of days of occupancy shall apply to any particular recreational vehicle or park trailer, wherever it may be located within the recreational vehicle park. No single recreational vehicle or park trailer shall be permitted to be occupied more than the specified number of days in any one recreational vehicle park in any one year. If the length of occupancy does not exceed 30 days, Transient Occupancy Tax will be required in accordance with Chapter 3.24. D. "Year" for the purpose of this Section shall include any period of 365 consecutive days. 9.185.060 Prohibited Uses. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 23 A. Permanent Residency: Except for park management and maintenance personnel, there shall be no permanent residency in a recreational vehicle park, nor shall any recreational vehicle or park trailer be occupied in any such park by any person or combination or succession of persons totaling more than the number of days specified for that type of park in Section 9.185.050. B. Non -Residential uses: Except as otherwise expressly provided herein, no part of the park shall be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or similar purpose or any other purpose unrelated to a recreational vehicle park. C. Propane. The on -site sale of propane is prohibited, except from a mobile commercially -licensed vendor. 9.185.070 Accessory Structures. A. General: The following structures and their uses are permitted in all recreational vehicle parks: One single family residence for the owner or manager of a recreational vehicle park. The minimum lot area requirement for this residence shall be 6,000 square feet. The residence may include office space for use in connection with the park operation. 3. Social and Recreational center, provided such center is at least 100 feet from any property line of the Recreational Vehicle Park. 4. Private recreation facilities for the use of the occupants of the park and their guests, such as swimming pool, putting greens and shuffleboard courts. 5. Common laundry facilities provided there is no dry cleaning equipment or outdoor laundry drying. 6. Common shower, bath, and locker room facilities. Not permitted on recreational vehicle lot as separate structure. 7. Structures to assist the handicapped. B. Rental parks: No additional accessory structures permitted. C. Ownership/Membership parks: Storage structures provided that: 1. The storage structure does not exceed dimensions of 10 feet in width, nine feet in depth and seven feet in height. 2. The storage structures within a given park are similar in design, style, quality, and building materials to other such structures or approved theme designs in the park. 3. The storage structures are located within the rear half of the RV lot. 4. There is a maximum of one storage structure per recreational vehicle lot. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 24 9.185.080 Prohibited Accessory Structures. A. The following structures are prohibited within all recreational vehicle lots: 1. Any enclosed habitable buildings. 2. Garages and carports. 3. Fences. 4. Curbing for landscape areas and other decorative curbing or containers greater than six inches in height. 5. Freestanding individual mailboxes. 9.185.090 Coverage. The maximum coverage shall be 60% for a recreational vehicle lot. For the purpose of this section, coverage shall include the area of the recreational vehicle, patio cover, and storage shed. 9.185.100 Density. A. The maximum net density in the various permitted recreational vehicle parks is as follows: 1. Rental Parks: the number of recreation vehicle lots shall not exceed 15 per acre. 2. Ownership/Membership Parks: The number of recreational vehicle lots shall not exceed 12 per acre. 9.185.110 Area of Parks and Lots. A. Park Area: Each recreational vehicle park shall have a minimum of ten acres measured from the property lines of the park. B. Rental Park: Minimum area of recreational vehicle lot shall be 2,000 square feet. C. Ownership/Membership Park: Minimum area of recreational vehicle lot shall be 1,500 square feet. 9.185.120 Frontage of Parks and Lots. A. Park Frontage: Each recreational vehicle park shall have a minimum frontage on a public street of 300 feet. B. Lot Frontage: The frontage of a recreational vehicle lot shall be a minimum of 40 feet on a interior roadway. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 25 9.185.130 Setbacks and Yards. A. Setbacks for park. Setbacks in which no recreational vehicle lot or structures are to be located. B. Setbacks. No recreational vehicle, or structure may be placed within 10 feet of a roadway, exterior sideyard or rear lot line or within five feet of the interior side lot line. C. Separations: The minimum distance between any recreational vehicle or park trailer and any other recreational vehicle or park trailer shall be 10 feet. 9.185.140 Landscaping. A. Park Yards: All required yards within a recreational vehicle park shall be fully landscaped and irrigated. No required parking or vehicular maneuvering areas shall be permitted in required yards, except entry roads crossing through said yards. B. All common open areas except for natural areas, shall be landscaped and irrigated. C. Each recreational vehicle lot shall contain at least 200 square feet of outdoor patio area containing at least one evergreen tree to provide a shade canopy. 9.185.150 Common Recreation Area. A. Common recreation area shall be required for all recreational vehicle parks. The recreation area may contain social halls, swimming pools, game courts, open areas, etc. Open areas may be either designed for active or passive recreation, provided that the slope of the land does not exceed a gradient of 10 percent. Grades above 10 percent shall be common area, but not counted as recreation area. The minimum amounts of common recreation area shall be provided as follows: 1. Rental Parks: 200 square feet per recreational vehicle lot. 2. Ownership/Membership Parks: 300 square feet per recreational vehicle lot. B. The common recreation area shall be for the use of the entire park and shall not be partitioned in any manner for the sole use of any person or group of persons. 9.185.160 Screening. A. Screening shall be provided as required in Section 9.100.150. 9.185.170 Lighting. A. Exterior lighting shall comply with provisions of Section 9.100.150. 9.185.180 Improvement of Lots. All recreational vehicle lots shall contain concrete cement paved areas for automobile parking, SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 26 outdoor patio and for the parking of the recreational vehicle, provided that no more than 70 percent of each lot is covered with nonpermeable material. 9.185.190 Automobile Parking. A. Parking shall comply with provisions of Chapter 9.150. 9.185.200 Driveways and Roads. A. Driveways: Driveway to the park shall have a minimum width of 32 feet and have a clear and unobstructed access to a public street. The driveway shall be at least 100 feet in length from the street curb line and shall have no access to recreational vehicle lots or roadways. No vehicular parking shall be permitted within the driveway unless specifically designated for parking pursuant to City -approved plans. 1. Each recreational vehicle lot shall front on a road. No recreational vehicle lot shall take access from a public street, alley or driveways. 2. No vehicular parking shall be permitted within the road unless specifically designated for parking pursuant to City -approved plans. 9.185.210 Outdoor Storage. No construction or flammable material, or vehicle other than a recreational vehicle shall be stored within a recreational vehicle lot, road, or common areas except in special storage areas. Storage areas shall be screened by an opaque living hedge or masonry wall not less than five feet in height and shall be clearly designated on the approved plans. 9.185.220. Trash Removal. A trash removal plan for the recreational vehicle park shall be submitted at the time of application. This plan must include the type of trash collection facilities; location, size and number of trash receptacles; and frequency of removal. Trash collection areas shall be fully screened and inaccessible to animals. 9.185.230. Utilities. A. Electrical Service. Only one power supply connection shall be made to a recreational vehicle. Electric power supply equipment shall be located on the rear half of the recreational vehicle lot. B. Water Service. Each lot shall be served by a domestic water supply system. C. Sewer Service. Recreational vehicle parks shall be connected to sanitary sewerage facilities. Each lot shall be serviced to the system by a three inch riser with "P" trap and basin designed to prevent spillage from contaminating the ground area. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 27 D. Undergrounding. All utilities shall be underground. E. Fire Hydrants. Hydrants shall be installed as required by the City Engineer. 9.185.240. Movement of Recreational Vehicles. A. Wheels and/or similar devices shall not be removed from recreational vehicles, nor shall any fixture be added or barrier be placed which will prevent the recreational vehicle or park trailer from being moved under its own power or by a passenger vehicle. B. Skirting is permitted provided it can easily be removed and there are proper openings for ventilation. 9.185.250. Subdivision of Lots. Subdivision to create recreational vehicle lots for sale or long-term lease is permitted within Ownership/Membership recreational vehicle parks subject to all applicable codes. 9.185.260. Conflicts with Zoning District Requirements. Where the provisions of this Chapter are in conflict with any other provision of the Zoning Code, the provisions of this chapter shall govern. Where the provisions of the Chapter are silent on a matter, other provisions of the Zoning Code shall govern. Amend Section 9.190.020.5 as follows: 5. "Density bonuses" means transferred development rights or credits shall not be counted in the basis for density bonuses granted for providing for affordable housing. The order in which bonuses and transferred rights or credits are applied shall be as follows: c. Transferred densities added to the final figure of any density bonuses. Transferred densities shall not become a part of the base on which bonuses are figured. d. In no case shall the sum of all density bonus and transferred densities (if all are maximized) exceed sixty percent of the base density in the general plan. Amend Section 9.200.100.B. as follows: B. Procedures. A development review permit may be amended any number of times by the approval of a subsequent application. All permit amendments shall be for the same parcel or property for which a development review permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit in compliance with the same filing procedures and payment of the fee required for an amendment. Amendments shall be processed in the same manner as an original application. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 28 Amend Section 9.200.110.D.1.e. as follows: All owners of real property as shown on the last equalized assessment roll within 500 feet of the subject real property. If the number of owners to whom notice would be mailed is greater than 1,000, the City may instead place a display advertisement of at least one - eighth page in a newspaper of general circulation; and Amend Section 9.210.020 by adding "J" J. The use permit may be modified or revoked by the City Council, or Planning Commission, should they determine that the proposed uses, or conditions, under which it is being operated, or maintained, is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated, or maintained, so as to constitute a public nuisance. Amend Section 9.210.040.C. as follows: C. Applicability. A minor adjustment permit may be approved only for deviations of up to ten percent of a numerical development standard (for example, a reduction of one foot from a ten -foot setback requirement) or for deviations specifically identified in this Code. Other deviations shall require consideration of a variance pursuant to Section 9.210.030. Only one setback adjustment per lot shall be allowed. Example -an adjustment of the front and rear yard shall not be approved. Amend Section 9.270.050.D.1. as follows: D.1. Residential and Nonresidential Structures. A nonconforming structure which is damaged or partially destroyed by fire, explosion, earthquake, or other disaster to the extent of 50 percent or more of the replacement cost of the structure, as determined by the Director, shall not be restored except in conformity with all development standards and other regulations of this Zoning Code. Delete Section 9.270.050.D.4 Amend Section 9.280 Definitions as follows: Employee's quarters means quarters, without cooking facilities, for the housing of domestic employees and located upon the same building site occupied by their employer. Guest house means a detached unit which has sleeping and sanitary facilities but no cooking facilities and which is used primarily for sleeping purposes by members of the family occupying the main building, their non-paying guests, and domestic employees. SACity Clerk\Ordinances\zoupdate-clerkversion.wpd 29