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PC19-470RESOLUTION NO. PC 19.470 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA, RECOMMENDING THE CITY COUNCIL REPEAL RIVERSIDE COUNTY ZONTNG ORDTNANCE 348 (AS ADOPTED By THE CtTy oF MENIFEE), REPEAL EXISTING TITLE 9, PLANNTNG AND ZONING, OF THE MENIFEE MUNICIPAL CODE, AND ADOPT A NEW TITLE 9, PLANNING AND ZONING, TO THE CITY OF MENIFEE MUNICIPAL CODE WHEREAS, on December 1,2009, the City Council of the Cityof Menifee ("City") adopted Ordinance 2009-66, providing that certain Ordinances and Resolutions of the County of Riverside, including Ordinance 348, shall remain in full force and effect as City Ordinances effective February 1,2010, until repealed, amended, or replaced by the City's own ordinances adopted by the City Council. WHEREAS, on May 28,2013, the City Council adopted Ordinance 2013-123, amending Ordinance 2009-66 to correct clerical errors and enata appearing and to re-adopt certain provisions of the Riverside County Code. WHEREAS, at various times since 2009, the City Council has added chapters to the exiting Menifee Municipal Code Title 9, Planning and Zoning, to address specific uses or processes, such as accessory dwelling units, signage, and detached accessory buildings, and to create the Economic Development Corridor zone. WHEREAS, there cunently exist within the City several Specific Plans that reference back to Ordinance 348, with modifications. WHEREAS, since adoption of Ordinance Nos. 2009-66 and 2013-123, the City began the process of creating comprehensive "Menifee-specific" zoning, subdivision, and grading ordinances that are consistent with and implement the adopted 2013 City General Plan. WHEREAS, this Comprehensive Development Code Update ("CDCU") has as a goal adoption of regulations that are user-friendly and effectively assist City and applicants achieve the vision, goals and, objectives of the 2013 General Plan while establishing clear procedures for the review and processing of development projects in the City. WHEREAS, the CDCU consists of three main code amendments to the Menifee Municipal Code: update to Title 9, "Planning and Zoning," and the additions of Title 7 "Subdivisions" and Chapter 8.26 "Grading Regulations." WHEREAS, the City consulted with Michael Baker lnternational regarding the CDCU and engaged the consultant's services to prepare a proposed zoning ordinance that is consistent with State laws, regulations in surrounding jurisdictions, and best practices, while addressing Menifee-specific items and conditions. WHEREAS, the City's consultant for the CDCU met with the Community Development Department staff, Public Works-Engineering staff, and community stakeholders to obtain feedback and direction. 1 Page 2 of 4 WHEREAS, on April 18, 2018, a joint City Council and Planning Commission Study Session was held to review input from staff and stakeholders, and the Council and Commission asked staff questions and provided direction on additional issues to be addressed in the Development Code. WHEREAS, on June 13, 2018, a second joint workshop was held with the City Council and Planning Commission. WHEREAS, on February 21 , 2019, a workshop was held with stakeholders, during which staff discussed the draft Comprehensive Development Code and received additional comments and feedback on the draft. WHEREAS, on March 27,2019, the Planning Commission received a presentation on a draft Zoning Ordinance. WHEREAS, on April 10,2019, the Planning Commission received another presentation on a draft Zoning Ordinance. WHEREAS, on April 17,2019, the City Council received a presentation on a draft Comprehensive Development Code and a draft Zoning Map. WHEREAS, on May 29, the City Council held a workshop on a draft Comprehensive Development Code and a draft Zoning Ordinance. WHEREAS, on September 25,2019, a public review draft of the Zoning Ordinance was made available to the public. WHEREAS, on October 3,2019, a second workshop was held with stakeholders, during which staff discussed the public review draft for the Zoning Ordinance. WHEREAS, as part of the CDCU and after receiving input at the aforementioned public meeting and workshops, the City determined that Ordinance 348 should be replaced with an ordinance specific to the needs of City. WHEREAS, although Odinance 348 may be repealed, the City determined that any previously adopted Specific Plan that relied on Ordinance 348 for regulations or uses should remain valid and may utilize language within Ordinance 348 as it applied at the time of the enactment of said Specific Plan. WHEREAS, on October 13, 2019, Municipal Code Amendment ("MCA") No. DEV2019- 038 was publicly noticed within The Press Enterprise, a newspaper of general circulation, for a public hearing before the City of Menifee Planning Commission scheduled for October 23, 2019. WHEREAS, on October 23, 2019, the Planning Commission held a duly noticed public hearing to consider the proposed MCA No. DEV2019-038; opened the hearing to receive public testimony; reviewed all materials in the staff report and accompanying documents to recommend adoption of the repeal Riverside County Zoning Ordinance 348 (as adopted by the City of Menifee), repeal existing Title 9 of the Menifee Municipal Code, and adopt a new Title 9, Planning and Zoning, to the Menifee Municipal Code; and considered the requirements of the California Environmental Quality Act (CEOA) (Public Resources Code Section 21000 et. seq.) with regard 2 Page 3 of 4 to the possible impacts that the proposed MCA No. DEV2019-038 may have upon the environment. NOW, THEREFORE, the City of Menifee Planning Commission recommends to the City Council of the City of Menifee as follows: Section 1. The above recitals are true and correct and are incorporate herein. Section 2. That the C ity Council find that Pursuant to Section 15168(c)(2) of Title 14 of the California Code of Regulations, the proposed code amendments do not require additional review under CEQA. The Community Development Department has determined that the proposed amendments are consistent with the Environmental lmpact Report (ElR) for the General Plan certified in September 2013 (SCH# 2012071033) and would not result in new impacts. The updates to the Development Code implement the adopted General Plan. As the update of the Code was considered in the General Plan ElR, pursuant to the provisions of CEQA no further environmental analysis is required. Further, that the City Council find that proposed MCA No. DEV2019-038 would not fall within the definition of a "project" under the CEQA because it, as a narrative change to the Municipal Code, does not have the potential for resulting in a direct or indirect physical change in the environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not result in direct or indirect physical changes in the environment (CEQA Guidelines 15378(bX5)). ln addition, that the City Council find that proposed MCA No. DEV2019-038 is exempt from CEQA because there is no possibility that the proposed ordinance, as a textural change to the Municipal Code, may have a significant impact on the physical environment (CEQA Guidelines 1 5061 ) and because, per Section 15061(bX3), it can be seen with certainty to have no possibility of a significant effect upon the environment. Section 3. That the Gity Council find that proposed MCA No. DEV2019-038 is consistent with the requirements of the City of Menifee Municipal Code regarding the process of amending the Municipal Code. Section 4. That the City Counci! find that proposed MCA No. DEV2019-038 shall preserve the health, safety, and general welfare of the residents of and visitors to the City of Menifee. Section 5.That the City Council repeal Riverside County Zoning Ordinance 348 (as adopted by the City of Menifee). Section 6. That the City Council repeal existing Title 9, Planning and Zoning, of the Menifee Municipal Code. Section 7. That the City Council add new Title 9, Planning and Zoning, to the Menifee Municipal Code, as set forth in Exhibit A hereto, and with the changes/redlines as described in the staff report and presentation, which include increasing height to 50 feet in industrial and business park zones, add landscape materials yard to use tables, changes to the hillside development standards, change to intersection site distance to refer to City standard, updates to address new ADU legislation, updates to address new density bonus legislation, and updates to auto sale uses in EDC, and with a recommendation that the City Council allow existing self- 3 Page 4 o'f 4 APPROVED AND ADOPTED THIS 23'd DAY OF OCTO R, 2019 Ro rt P. Kanruin, Chair ATTEST: nie Roseen, Deputy City Clerk Approved as to form: Ajit T nd, Assistant City Attorney 4 storage facilities to be allowed with a Conditional Use Permit in the Economic Development Corridor zone on existing parcels. Section 8. That the City Council find any previously adopted Specific Plan that relied on Ordinance 348 for regulations or uses should remain valid and may utilize language within Ordinance 348 as it applied at the time of the enactment of said Specific Plan. Section 10. Severabilitv. lf any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Resolution would be subsequently declared invalid or unconstitutional. Section 11. Effective Date. This Resolution shall become effective upon its adoption. Section 12. Notice of Adoption. The City Clerk of the City of Menifee shall certify to the adoption of this Resolution. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC19-470 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 23 day of October 2019 by the following vote: SS ) ) ) Ayes: Noes: Absent: Abstain: Diederich, Phillips, Thomas, Kanrvin None Madrid None ie Roseen, CMC Deputy City Clerk MEN IFEE \# L O6 Page 1 TITLE 7: SUBDIVISIONS................................................................................................................................15 ARTICLE 1: GENERAL PROVISIONS..........................................................................................................15 ARTICLE 2: MAPS REQUIRED ..................................................................................................................15 ARTICLE 3: CERTIFICATES, ADJUSTMENTS, AND MERGERS....................................................................15 ARTICLE 4: SUBDIVISION DESIGN, DEDICATION, AND IMPROVEMENT STANDARDS.............................15 ARTICLE 5: DEFINITIONS.........................................................................................................................15 TITLE 9: PLANNING AND ZONING...............................................................................................................16 ARTICLE 1: GENERAL PROVISIONS..........................................................................................................16 Chapter 9.01 Purpose and Applicability.............................................................................................16 9.01.010 Title.................................................................................................................................16 9.01.020 Purpose and Intent.........................................................................................................16 9.01.030 Authority.........................................................................................................................17 9.01.040 Applicability....................................................................................................................17 9.01.050 Conflicting Requirements...............................................................................................18 9.01.060 Status of Covenants and Agreements.............................................................................18 9.01.070 Severability.....................................................................................................................18 Chapter 9.05 Administrative Responsibilities....................................................................................18 9.05.010 Purpose...........................................................................................................................18 9.05.020 Planning Agency .............................................................................................................18 Chapter 9.10 Rules of Interpretation.................................................................................................20 9.10.010 Purpose...........................................................................................................................20 9.10.020 Interpretation of Code Provisions ..................................................................................20 9.10.030 Rules of Interpretation ...................................................................................................20 Chapter 9.15 Nonconforming Uses and Structures ...........................................................................22 9.15.010 Purpose...........................................................................................................................22 9.15.020 Continuing Existing Nonconforming Uses and Structures..............................................22 9.15.030 Nonconforming Use of Land...........................................................................................22 9.15.040 Nonconforming Use of Structures..................................................................................23 9.15.050 Improvement of Nonconforming Uses...........................................................................24 9.15.060 Nonconforming Structures.............................................................................................24 9.15.070 Reconstruction of Damaged Nonconforming Structures ...............................................24 9.15.080 New Structures on Nonconforming Lots ........................................................................25 9.18.010 Purpose...........................................................................................................................25 9.18.020 Qualifying Land Use Activities and/or Businesses..........................................................26 9.18.030 Registration ....................................................................................................................26 9.18.040 Land Use and Business Registration Requirements........................................................27 9.18.050 Land Use and Business Registration Restrictions and Limitations..................................28 9.18.060 Licensing and Fee............................................................................................................29 9.18.070 Transfers or Re-Establishment........................................................................................29 Chapter 9.20: Enforcement................................................................................................................29 9.20.010 Purpose...........................................................................................................................29 9.20.020 Authority to Enforce.......................................................................................................29 9.20.030 Violations and Enforcement...........................................................................................29 9.20.040 Revocation or Modification............................................................................................30 ARTICLE 2: ADMINISTRATION, PERMITS, AND PROCEDURES.................................................................31 Chapter 9.25 Land Use and Development Approval Requirements..................................................32 9.25.010 Purpose...............................................................................................................................32 9.25.020 Requirements for Development and New Land Uses.........................................................32 9.25.030 Consistency with the General Plan .....................................................................................33 Page 2 9.25.040 Substantial Conformance Determination...........................................................................33 9.25.050 Additional Approvals May Be Required..............................................................................34 9.25.060 Inspections..........................................................................................................................34 CHAPTER 9.30 COMMON APPLICATION PROCESSING PROCEDURES.....................................................34 9.30.010 Purpose and Applicability...............................................................................................35 9.30.020 Applications and Fees.....................................................................................................35 9.30.030 Pre-Application Review...................................................................................................35 9.30.040 Initiation of Application..................................................................................................36 9.30.050 Withdrawal of Application..............................................................................................36 9.30.060 Determination of Completeness.....................................................................................36 9.30.070 Application Review and Report ......................................................................................37 9.30.080 Public Hearing and Notice ..............................................................................................38 9.30.090 Approving Authority.......................................................................................................40 9.30.100 Appeals...........................................................................................................................42 9.30.110 Permit Time Limits, Expiration, and Extensions..............................................................42 9.30.120 Modifications to Previously Approved Permits..............................................................44 9.30.130 Reapplications ................................................................................................................46 9.30.140 Indemnification and Hold Harmless for Permits and Approvals.....................................46 Chapter 9.35 Accessory Dwelling Unit Permit ...................................................................................46 9.35.010 Purpose...........................................................................................................................47 9.35.020 Applicability....................................................................................................................47 9.35.030 Application and Required Fees.......................................................................................47 9.35.040 Approving Authority.......................................................................................................47 9.35.050 Public Hearing and Notice ..............................................................................................47 9.35.060 Standards of Approval....................................................................................................47 9.35.070 Findings for Approval......................................................................................................47 9.35.080 Notice of Decision...........................................................................................................48 9.35.090 Effective Date .................................................................................................................48 9.35.100 Appeals...........................................................................................................................48 9.35.110 Expiration........................................................................................................................48 9.35.120 Extension of Time...........................................................................................................48 9.35.130 Modifications..................................................................................................................48 Chapter 9.40 Conditional Use Permit ................................................................................................48 9.40.010 Purpose...........................................................................................................................49 9.40.020 Applicability....................................................................................................................49 9.40.030 Application and Required Fees.......................................................................................49 9.40.040 Approving Authority.......................................................................................................50 9.40.050 Public Hearing and Notice ..............................................................................................50 9.40.060 Conditions of Approval...................................................................................................50 9.40.070 Findings for Approval......................................................................................................51 9.40.080 Notice of Decision...........................................................................................................51 9.40.090 Effective Date .................................................................................................................51 9.40.100 Appeals...........................................................................................................................51 9.40.110 Expiration........................................................................................................................51 9.40.120 Extension of Time...........................................................................................................52 9.40.130 Modifications..................................................................................................................52 Chapter 9.45 Development Agreement.............................................................................................52 9.45.010 Purpose...........................................................................................................................52 9.45.020 Applicability....................................................................................................................53 Page 3 9.45.030 Application and Required Fees.......................................................................................53 9.45.040 Approving Authority.......................................................................................................53 9.45.050 Public Hearing and Notice ..............................................................................................53 9.45.060 Alterations......................................................................................................................53 9.45.070 Findings for Approval......................................................................................................54 9.45.080 Notice of Decision...........................................................................................................54 9.45.090 Effective Date .................................................................................................................54 9.45.100 Appeals...........................................................................................................................54 9.45.110 Expiration........................................................................................................................54 9.45.120 Extension of Time...........................................................................................................54 9.45.130 Modifications..................................................................................................................55 9.45.140 Required Content ...........................................................................................................55 9.45.150 Execution and Recordation.............................................................................................55 9.45.160 Annual Review................................................................................................................55 9.45.170 Violation of Agreement ..................................................................................................55 Chapter 9.50 General Plan Amendment............................................................................................56 9.50.010 Purpose...........................................................................................................................56 9.50.020 Applicability....................................................................................................................56 9.50.030 Application and Required Fees.......................................................................................56 9.50.040 Approving Authority.......................................................................................................57 9.50.050 Public Hearing and Notice ..............................................................................................57 9.50.060 Alterations......................................................................................................................57 9.50.070 Findings for Approval......................................................................................................57 9.50.080 Notice of Decision...........................................................................................................57 9.50.090 Effective Date .................................................................................................................58 9.50.100 Appeals...........................................................................................................................58 9.50.110 Expiration........................................................................................................................58 9.50.120 Extension of Time...........................................................................................................58 9.50.130 Amendments..................................................................................................................58 9.50.140 Frequency of Amendments ............................................................................................58 9.50.150 Additional Notice Required ............................................................................................58 Chapter 9.55 Home Occupation Permit and Home-Based Business Permit......................................58 9.55.010 Purpose...........................................................................................................................59 9.55.020 Applicability....................................................................................................................59 9.55.030 Application and Required Fees.......................................................................................59 9.55.040 Approving Authority.......................................................................................................60 9.55.050 Public Hearing and Notice ..............................................................................................60 9.55.060 Standards and Conditions of Approval...........................................................................60 9.55.070 Findings for Approval......................................................................................................60 9.55.080 Notice of Decision...........................................................................................................61 9.55.090 Effective Date .................................................................................................................61 9.55.100 Appeals...........................................................................................................................61 9.55.110 Expiration........................................................................................................................61 9.55.120 Extension of Time...........................................................................................................62 9.55.130 Modifications..................................................................................................................62 9.55.140 Transferability.................................................................................................................62 Chapter 9.60 Large Family Day Care Home Permit............................................................................62 9.60.010 Purpose...........................................................................................................................62 9.60.020 Applicability....................................................................................................................63 Page 4 9.60.030 Application and Required Fees.......................................................................................63 9.60.040 Approving Authority.......................................................................................................63 9.60.050 Public Hearing and Notice ..............................................................................................63 9.60.060 Standards of Approval....................................................................................................63 9.60.070 Findings for Approval......................................................................................................63 9.60.080 Notice of Decision...........................................................................................................63 9.60.090 Effective Date .................................................................................................................64 9.60.100 Appeals...........................................................................................................................64 9.60.110 Expiration........................................................................................................................64 9.60.120 Extension of Time...........................................................................................................64 9.60.130 Modifications..................................................................................................................64 9.60.140 Standards of Approval....................................................................................................64 Chapter 9.65 Master Sign Program....................................................................................................65 9.65.010 Purpose...........................................................................................................................65 9.65.020 Applicability....................................................................................................................65 9.65.030 Application and Required Fees.......................................................................................66 9.65.040 Approving Authority.......................................................................................................66 9.65.050 Public Hearing and Notice ..............................................................................................66 9.65.060 Standards and Conditions of Approval...........................................................................66 9.65.070 Findings for Approval......................................................................................................66 9.65.080 Notice of Decision...........................................................................................................67 9.65.090 Effective Date .................................................................................................................67 9.65.100 Appeals...........................................................................................................................67 9.65.110 Expiration........................................................................................................................67 9.65.120 Extension of Time...........................................................................................................68 9.65.130 Modifications..................................................................................................................68 Chapter 9.70 Minor Exception...........................................................................................................68 9.70.010 Purpose...........................................................................................................................68 9.70.020 Applicability....................................................................................................................68 9.70.030 Application and Required Fees.......................................................................................69 9.70.040 Approving Authority.......................................................................................................69 9.70.050 Public Hearing and Notice ..............................................................................................69 9.70.060 Conditions of Approval...................................................................................................69 9.70.070 Findings for Approval......................................................................................................69 9.70.080 Notice of Decision...........................................................................................................70 9.70.090 Effective Date .................................................................................................................70 9.70.100 Appeals...........................................................................................................................70 9.70.110 Expiration........................................................................................................................70 9.70.120 Extension of Time...........................................................................................................70 9.70.130 Modifications..................................................................................................................70 Chapter 9.75 Planned Development..................................................................................................70 9.75.010 Purpose...........................................................................................................................71 9.75.020 Applicability....................................................................................................................71 9.75.030 Application and Required Fees.......................................................................................71 9.75.040 Approving Authority.......................................................................................................72 9.75.050 Public Hearing and Notice ..............................................................................................72 9.75.060 Conditions of Approval...................................................................................................72 9.75.070 Findings for Approval......................................................................................................72 9.75.080 Notice of Decision...........................................................................................................73 Page 5 9.75.090 Effective Date .................................................................................................................73 9.75.100 Appeals...........................................................................................................................73 9.75.110 Expiration........................................................................................................................73 9.75.120 Extension of Time...........................................................................................................73 9.75.130 Amendments..................................................................................................................73 9.75.140 Implementation..............................................................................................................73 Chapter 9.80 Plot Plan .......................................................................................................................74 9.80.010 Purpose...........................................................................................................................74 9.80.020 Applicability....................................................................................................................75 9.80.030 Application and Required Fees.......................................................................................75 9.80.040 Approving Authority.......................................................................................................76 9.80.050 Public Hearing and Notice ..............................................................................................76 9.80.060 Standards and Conditions of Approval...........................................................................76 9.80.070 Findings for Approval......................................................................................................76 9.80.080 Notice of Decision...........................................................................................................77 9.80.090 Effective Date .................................................................................................................77 9.80.100 Appeals...........................................................................................................................77 9.80.110 Expiration........................................................................................................................77 9.80.120 Extension of Time...........................................................................................................77 9.80.130 Modifications..................................................................................................................78 Chapter 9.85 Reasonable Accommodation........................................................................................78 9.85.010 Purpose...........................................................................................................................78 9.85.020 Applicability....................................................................................................................78 9.85.030 Application and Required Fees.......................................................................................78 9.85.040 Approving Authority.......................................................................................................79 9.85.050 Public Hearing and Notice ..............................................................................................79 9.85.060 Conditions of Approval...................................................................................................79 9.85.070 Findings for Approval......................................................................................................79 9.85.080 Notice of Decision...........................................................................................................80 9.85.090 Effective Date .................................................................................................................80 9.85.100 Appeals...........................................................................................................................80 9.85.110 Expiration........................................................................................................................80 9.85.120 Extension of Time...........................................................................................................80 9.85.130 Modifications..................................................................................................................80 9.85.140 Consideration Factors.....................................................................................................80 Chapter 9.90 Sign Permit...................................................................................................................81 9.90.010 Purpose...........................................................................................................................81 9.90.020 Applicability....................................................................................................................82 9.90.030 Application and Required Fees.......................................................................................82 9.90.040 Approving Authority.......................................................................................................82 9.90.050 Public Hearing and Notice ..............................................................................................82 9.90.060 Standards of Approval....................................................................................................82 9.90.070 Findings for Approval......................................................................................................82 9.90.080 Notice of Decision...........................................................................................................82 9.90.090 Effective Date .................................................................................................................82 9.90.100 Appeals...........................................................................................................................83 9.90.110 Expiration........................................................................................................................83 9.90.120 Extension of Time...........................................................................................................83 9.90.130 Modifications..................................................................................................................83 Page 6 Chapter 9.95 Similar Use Determination...........................................................................................83 9.95.010 Purpose...........................................................................................................................83 9.95.020 Applicability....................................................................................................................83 9.95.030 Application and Required Fees.......................................................................................84 9.95.040 Approving Authority.......................................................................................................84 9.95.050 Public Hearing and Notice ..............................................................................................84 9.95.060 Standards of Approval....................................................................................................84 9.95.070 Findings for Approval......................................................................................................84 9.95.080 Notice of Decision...........................................................................................................84 9.95.090 Effective Date .................................................................................................................85 9.95.100 Appeals...........................................................................................................................85 9.95.110 Expiration........................................................................................................................85 9.95.120 Extension of Time...........................................................................................................85 9.95.130 Modifications..................................................................................................................85 9.95.140 Record of Determinations ..............................................................................................85 Chapter 9.100 Specific Plan ...............................................................................................................85 9.100.010 Purpose.........................................................................................................................86 9.100.020 Applicability..................................................................................................................86 9.100.030 Application and Required Fees.....................................................................................86 9.100.040 Approving Authority.....................................................................................................86 9.100.050 Public Hearing and Notice ............................................................................................87 9.100.060 Alterations....................................................................................................................87 9.100.070 Findings for Approval....................................................................................................87 9.100.080 Notice of Decision.........................................................................................................87 9.100.090 Effective Date ...............................................................................................................87 9.100.100 Appeals.........................................................................................................................87 9.100.110 Expiration......................................................................................................................88 9.100.120 Extension of Time.........................................................................................................88 9.100.130 Modifications................................................................................................................88 9.100.140 Specific Plan Content....................................................................................................88 9.100.150 Adoption.......................................................................................................................88 9.100.160 Relationship to this Title...............................................................................................88 Chapter 9.105 Temporary Use Permit...............................................................................................89 9.105.010 Purpose.........................................................................................................................89 9.105.020 Applicability..................................................................................................................89 9.105.030 Application and Required Fees.....................................................................................91 9.105.040 Approving Authority.....................................................................................................91 9.105.050 Public Hearing and Notice ............................................................................................92 9.105.060 Conditions of Approval.................................................................................................92 9.105.070 Findings for Approval....................................................................................................92 9.105.080 Notice of Decision.........................................................................................................92 9.105.090 Effective Date ...............................................................................................................93 9.105.100 Appeals.........................................................................................................................93 9.105.110 Expiration......................................................................................................................93 9.105.120 Extension of Time.........................................................................................................93 9.105.130 Modifications................................................................................................................93 9.105.140 Transferability...............................................................................................................93 9.105.150 Standards of Approval – General..................................................................................93 9.105.160 Standards of Approval – Standards by Activity/Use.....................................................94 Page 7 Chapter 9.110 Variance .....................................................................................................................96 9.110.010 Purpose.........................................................................................................................96 9.110.020 Applicability..................................................................................................................96 9.110.030 Application and Required Fees.....................................................................................97 9.110.040 Approving Authority.....................................................................................................97 9.110.050 Public Hearing and Notice ............................................................................................97 9.110.060 Conditions of Approval.................................................................................................97 9.110.070 Findings for Approval....................................................................................................97 9.110.080 Notice of Decision.........................................................................................................98 9.110.090 Effective Date ...............................................................................................................98 9.110.100 Appeals.........................................................................................................................98 9.110.110 Expiration......................................................................................................................98 9.110.120 Extension of Time.........................................................................................................98 9.110.130 Modifications................................................................................................................98 Chapter 9.115 Zone Change/Zoning Code Amendment....................................................................98 9.115.010 Purpose.........................................................................................................................99 9.115.020 Applicability..................................................................................................................99 9.115.030 Application and Required Fees.....................................................................................99 9.115.040 Approving Authority.....................................................................................................99 9.115.050 Public Hearing and Notice ............................................................................................99 9.115.060 Alterations..................................................................................................................100 9.115.070 Findings for Approval..................................................................................................100 9.115.080 Notice of Decision.......................................................................................................100 9.115.090 Effective Date .............................................................................................................100 9.115.100 Appeals.......................................................................................................................100 9.115.110 Expiration....................................................................................................................100 9.115.120 Extension of Time.......................................................................................................100 9.115.130 Modifications..............................................................................................................101 9.115.140 Prezoning....................................................................................................................101 ARTICLE 3: ZONES.................................................................................................................................101 Chapter 9.120 Establishment of Zones............................................................................................101 9.120.010 Purpose.......................................................................................................................101 9.120.020 Zones Established.......................................................................................................101 9.120.030 Zoning Map Established..............................................................................................102 9.120.040 Consistency with the General Plan.............................................................................103 Chapter 9.125 Agricultural and Rural Residential Zones .................................................................103 9.125.010 Purpose.......................................................................................................................103 9.125.020 Description and Intent of Zone...................................................................................103 9.125.030 Allowed Uses and Approval Requirements ................................................................104 9.125.040 Development Standards.............................................................................................107 Chapter 9.130 Residential Zones .....................................................................................................108 9.130.010 Purpose.......................................................................................................................108 9.130.020 Description and Intent of Zone...................................................................................108 9.130.030 Allowed Uses and Approval Requirements ................................................................109 9.130.040 Development Standards.............................................................................................112 Chapter 9.135 Commercial and Industrial Zones.............................................................................114 9.135.010 Purpose.......................................................................................................................114 9.135.020 Description and Intent of Zone...................................................................................114 9.135.030 Allowed Uses and Approval Requirements ................................................................114 Page 8 9.135.040 Development Standards.............................................................................................122 Chapter 9.140 Economic Development Corridor Zones ..................................................................124 9.140.010 Purpose.......................................................................................................................124 9.140.020 Description and Intent of Zone...................................................................................125 9.140.030 Allowed Uses and Approval Requirements ................................................................125 9.140.040 Development Standards.............................................................................................133 9.140.050 Special Requirements for Mixed Uses and Residential Uses in Economic Development Corridor Zones.............................................................................................................................134 Chapter 9.145 Open Space/Conservation Zones.............................................................................138 9.145.010 Purpose.......................................................................................................................139 9.145.020 Description and Intent of Zone...................................................................................139 9.145.030 Allowed Uses and Approval Requirements ................................................................139 9.145.040 Development Standards.............................................................................................141 Chapter 9.150 Public/Quasi-Public Facilities ...................................................................................141 9.150.010 Purpose.......................................................................................................................141 9.150.020 Description and Intent of Zone...................................................................................142 9.150.030 Allowed Uses and Approval Requirements ................................................................142 9.150.040 Development Standards.............................................................................................144 Chapter 9.155 Special Planning Areas .............................................................................................144 9.155.010 Purpose.......................................................................................................................145 9.155.020 Adopted Specific Plans ...............................................................................................145 9.155.030 Planned Development Districts..................................................................................145 ARTICLE 4: SITE DEVELOPMENT REGULATIONS AND PERFORMANCE STANDARDS.............................152 Chapter 9.160 General Development Standards.............................................................................153 9.160.010 Purpose.......................................................................................................................153 9.160.020 Applicability................................................................................................................153 9.160.030 Setback Requirements and Exceptions.......................................................................153 9.160.040 Building Height Measurements and Exceptions.........................................................156 9.160.050 Access.........................................................................................................................157 9.160.060 Intersection Sight Distance.........................................................................................157 Chapter 9.165 Accessory Structures................................................................................................158 9.165.010 Purpose.......................................................................................................................158 9.165.020 Applicability................................................................................................................158 9.165.030 Development Standards.............................................................................................158 9.165.040 Permit Requirements..................................................................................................160 9.165.050 Metal Shipping Containers .........................................................................................160 9.165.060 Existing Registered Metal Shipping Containers..........................................................161 9.165.070 Removal or Plot Plan Approval of Non-Conforming Metal Shipping Containers........161 Chapter 9.170 Cluster Development Subdivisions...........................................................................162 9.170.010 Purpose.......................................................................................................................162 9.170.020 Authorization..............................................................................................................162 9.170.030 Applicability................................................................................................................163 9.170.040 Development Standards.............................................................................................163 Chapter 9.175 Dedications and Improvements...............................................................................164 9.175.010 Purpose.......................................................................................................................164 9.175.020 Applicability................................................................................................................165 9.175.030 Project Review and Permit Requirements..................................................................165 9.175.040 General Dedication and Improvement Requirements................................................165 9.175.050 Single-Family Residential Dedication and Improvement Requirements ....................166 Page 9 9.175.060 Multi-Family, Commercial and Industrial Dedication and Improvement Requirements .....................................................................................................................................................166 9.175.070 Delay, Deferral or Waiver of Street Dedications and Improvements.........................166 Chapter 9.180 Density Bonuses, Incentives, and Concessions ........................................................168 9.180.010 Purpose.......................................................................................................................168 9.180.020 Applicability................................................................................................................168 9.180.030 Eligibility for Density Bonus and Incentives................................................................169 9.180.040 Application and Required Fees...................................................................................169 9.180.050 Effect of Proposal for Waiver or Reduction of Development Standards....................170 9.180.060 Density Bonus Allowance for Housing Development with Affordable Housing Component..................................................................................................................................170 9.180.070 Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility..........................................................................................................................171 9.180.080 Density Bonus for Senior Citizen Housing Development............................................171 9.180.090 Density Bonus for Housing Development with Affordable Housing Component for Transitional Foster Youth, Disabled Veterans, or Homeless Persons..........................................172 9.180.100 Density Bonus for Student Housing Development with Affordable Housing Component .....................................................................................................................................................172 9.180.110 Density Bonus for Land Donations .............................................................................172 9.180.120 Affordable Housing Incentives....................................................................................174 9.180.130 Number of Incentives Granted...................................................................................175 9.180.140 Criteria for Denial of Application for Incentives.........................................................175 9.180.150 Waiver or Modification of Development Standards...................................................176 9.180.160 Parking Standard Modifications for Qualified Housing Developments......................177 9.180.170 Density Bonus and Affordable Housing Incentive Program........................................179 9.180.180 Determination on Density Bonus and Affordable Housing Incentive Program Requirements..............................................................................................................................180 9.180.190 Affordable Housing Agreement and Equity Sharing Agreement................................181 9.180.200 Density Bonus or Incentives for Condominium Conversion Projects .........................183 9.180.210 Enforcement Provisions..............................................................................................185 Chapter 9.185 Fences, walls and screening.....................................................................................185 9.185.010 Purpose.......................................................................................................................185 9.185.020 Applicability................................................................................................................186 9.185.030 Exemptions.................................................................................................................186 9.185.040 General Development Standards................................................................................186 9.185.050 Exceptions...................................................................................................................188 9.185.060 Screening and Special Wall and Fencing Requirements.............................................189 Chapter 9.190 Hillside Development Standards..............................................................................191 9.190.010 Purpose.......................................................................................................................191 9.190.020 Applicability................................................................................................................192 9.190.030 Exemptions.................................................................................................................193 9.190.040 Plot Plan Approval ......................................................................................................194 9.190.050 Application Requirements..........................................................................................194 9.190.060 Development Standards.............................................................................................195 9.190.070 Relief from Development Standards ..........................................................................197 Chapter 9.195 Landscaping Standards.............................................................................................197 9.195.010 Purpose.......................................................................................................................197 9.195.020 Applicability................................................................................................................198 9.195.030 Landscape and Irrigation Plans...................................................................................198 Page 10 9.195.040 Landscape Requirements ...........................................................................................199 9.195.050 Additional Requirements for Residential Areas..........................................................202 9.195.060 Removal and Replacement of Required Landscaping ................................................203 9.195.070 Maintenance Requirements.......................................................................................203 9.195.080 Park Development Design Plans.................................................................................204 9.195.090 Water- Efficient Landscaping......................................................................................205 Chapter 9.200 Tree Preservation.....................................................................................................205 9.200.010 Purpose.......................................................................................................................205 9.200.020 Applicability................................................................................................................205 9.200.030 Tree Preservation Requirements................................................................................206 9.200.040 Heritage Tree Replacement........................................................................................208 9.200.050 Protection of Existing Trees........................................................................................208 9.200.060 Tree Maintenance ......................................................................................................209 9.200.070 Violations....................................................................................................................210 9.200.080 Appeals.......................................................................................................................210 Chapter 9.205 Lighting Standards....................................................................................................211 9.205.010 Purpose.......................................................................................................................211 9.205.020 Applicability................................................................................................................211 9.205.030 Permit Requirements..................................................................................................212 9.205.040 Exempt Lighting..........................................................................................................212 9.205.050 Prohibited Lighting .....................................................................................................212 9.205.060 General Lighting Standards.........................................................................................213 9.205.070 Outdoor Lighting Plan Requirements.........................................................................214 Chapter 9.210 Performance Standards............................................................................................214 9.210.010 Purpose.......................................................................................................................215 9.210.020 Applicability................................................................................................................215 9.210.030 Air Quality...................................................................................................................215 9.210.040 Heat Radiation and Electromagnetic Disturbances....................................................216 9.210.050 Glare...........................................................................................................................216 9.210.060 Noise Control Regulations..........................................................................................217 9.210.070 Vibrations ...................................................................................................................220 9.210.080 Property Maintenance................................................................................................220 9.210.090 Hazardous Materials...................................................................................................220 Chapter 9.215 Parking and Loading Standards................................................................................221 9.215.010 Purpose.......................................................................................................................222 9.215.020 Applicability................................................................................................................222 9.215.030 Application Requirements..........................................................................................222 9.215.040 Development Standards.............................................................................................222 9.215.050 Parking Requirements for Uses Not Specified............................................................234 9.215.060 Request for Modifications from Parking Layout Requirements .................................235 9.215.070 Alternative Programs for Parking ...............................................................................235 9.215.080 Parking Lot Landscape................................................................................................235 9.215.090 Special Review of Parking - Mixed Use.......................................................................235 9.215.100 Electric/Alternative Fuel Vehicle Parking Requirement..............................................236 9.215.110 Recreational Vehicle Parking......................................................................................237 Chapter 9.220 Sign Regulations.......................................................................................................237 9.220.010 Purpose.......................................................................................................................237 9.220.020 Applicability................................................................................................................238 9.220.030 Types of Sign Permits..................................................................................................238 Page 11 9.220.040 Prohibited Signs..........................................................................................................238 9.220.050 Signs Exempt from Permit Requirement....................................................................239 9.220.060 Application Process.....................................................................................................241 9.220.070 Appeals.......................................................................................................................243 9.220.080 Administrative Relief ..................................................................................................243 9.220.090 Sign Violations and Enforcement................................................................................244 9.220.100 General Regulations ...................................................................................................245 9.220.110 Message Substitution.................................................................................................246 9.220.120 Sign Measurement Standards.....................................................................................246 9.220.130 Permanent On-Site Sign Standards.............................................................................247 9.220.140 Temporary On-Site Commercial Sign Standards.........................................................254 9.220.150 Off-Site Commercial Signage......................................................................................255 9.220.160 Electronic Display Signs ..............................................................................................257 9.220.170 Nonconforming Signs and Abandoned Signs..............................................................257 Chapter 9.225 Waste Storage Facilities...........................................................................................258 9.225.010 Purpose.......................................................................................................................258 9.225.020 Applicability................................................................................................................258 9.225.030 Permit Requirements and Exemptions.......................................................................259 9.225.040 Development Standards.............................................................................................259 Chapter 9.230 Utilities.....................................................................................................................260 9.230.010 Purpose.......................................................................................................................261 9.230.020 Applicability................................................................................................................261 9.230.030 Development Standards – Residential........................................................................261 9.230.040 Development Standards – Commercial and Industrial...............................................261 9.230.050 Deferral of Undergrounding.......................................................................................261 ARTICLE 5: SPECIAL USE STANDARDS...................................................................................................262 Chapter 9.235 Animal Keeping ........................................................................................................262 9.235.010 Purpose.......................................................................................................................263 9.235.020 Applicability................................................................................................................263 9.235.030 Keeping of Animals.....................................................................................................263 9.235.040 Fowl............................................................................................................................266 9.235.050 Kennels.......................................................................................................................267 9.235.060 Miniature Pigs.............................................................................................................268 9.235.070 Animal Maturity..........................................................................................................268 9.235.080 Animal Grazing............................................................................................................269 Chapter 9.240 Motor Vehicle and Related Uses..............................................................................269 9.240.010 Purpose.......................................................................................................................269 9.240.020 Applicability................................................................................................................269 9.240.030 Motor Vehicle and Related Uses – General................................................................270 9.240.040 Vehicle Rentals ...........................................................................................................270 9.240.050 Vehicle Sales...............................................................................................................270 9.240.060 Vehicle Parts and Supply Stores .................................................................................272 9.240.070 Vehicle Repairs and Service........................................................................................272 9.240.080 Vehicle Storage...........................................................................................................273 9.240.090 Drive-Through and Drive-In Facilities .........................................................................274 9.240.100 Towing Services..........................................................................................................275 9.240.110 Car Washes.................................................................................................................275 Chapter 9.245 Bed & breakfast uses................................................................................................275 9.245.010 Purpose.......................................................................................................................275 Page 12 9.245.020 Applicability................................................................................................................275 9.245.030 Permit Required..........................................................................................................275 9.245.040 Development and Operational Standards..................................................................275 Chapter 9.250 Alcoholic Beverages Sales, Consumption and manufacturing .................................276 9.250.010 Purpose.......................................................................................................................276 9.250.020 Applicability................................................................................................................276 9.250.030 Permit Required..........................................................................................................276 9.250.040 Findings of Public Convenience or Necessity..............................................................277 9.250.050 Alcoholic Beverage Sales ............................................................................................277 9.250.060 Alcoholic Beverage Manufacturing.............................................................................278 Chapter 9.255 Home Occupation and Home-Based Businesses......................................................279 9.255.010 Purpose.......................................................................................................................280 9.255.020 Applicability................................................................................................................280 9.255.030 Business Registration and Approval Process..............................................................280 9.255.040 Development Standards.............................................................................................280 9.255.050 Limitations on Specific Home Occupations or Home-Based Businesses ....................281 9.255.060 Prohibited Home Occupations....................................................................................282 Chapter 9.260 Outdoor Sales, Display and Dining...........................................................................282 9.260.010 Purpose.......................................................................................................................282 9.260.020 Applicability................................................................................................................282 9.260.030 Permit Required..........................................................................................................283 9.260.040 Development Standards and Requirements for Outdoor Sales and Dining ...............283 Chapter 9.265 Tattoo Establishments..............................................................................................284 9.265.010 Purpose.......................................................................................................................284 9.265.020 Applicability................................................................................................................284 9.265.030 Permit Required..........................................................................................................285 9.265.040 Development Standards.............................................................................................285 Chapter 9.270 Community Care Facilities........................................................................................285 9.270.010 Purpose.......................................................................................................................285 9.270.020 Applicability................................................................................................................285 9.270.030 Development Standards.............................................................................................286 Chapter 9.275 Hookah and Marijuana Uses....................................................................................286 9.275.010 Purpose.......................................................................................................................286 9.275.020 Applicability................................................................................................................286 9.275.030 Hookah and Marijuana-Related Use Prohibitions ......................................................287 Chapter 9.280 Recycling Facilities....................................................................................................288 9.280.010 Purpose.......................................................................................................................289 9.280.020 Applicability................................................................................................................289 9.280.030 Permit Required..........................................................................................................289 9.280.040 Development and Performance Standards ................................................................289 Chapter 9.285 Mobilehome Parks...................................................................................................290 9.285.010 Purpose.......................................................................................................................290 9.285.020 Applicability................................................................................................................291 9.285.030 Permit Required..........................................................................................................291 9.285.040 Development Standards.............................................................................................291 Chapter 9.290 Wireless Communication Facilities...........................................................................292 9.290.010 Purpose.......................................................................................................................292 9.290.020 Applicability................................................................................................................293 9.290.030 Permit Requirements..................................................................................................293 Page 13 9.290.040 Effect of Location on Public Property.........................................................................294 9.290.050 Effect of Encroachment Permit Issuance....................................................................294 9.290.060 Development Standards – General.............................................................................294 9.290.070 Development Standards – Small Cell Attachments within the Public Right-of-Way..298 9.290.080 Abandoned Sites.........................................................................................................298 Chapter 9.295 Special Housing Types..............................................................................................299 9.295.010 Purpose.......................................................................................................................299 9.295.020 Accessory Dwelling Units............................................................................................299 9.295.030 Guest Living Quarters.................................................................................................303 9.295.040 Single-Room Occupancy Units....................................................................................304 ARTICLE 6: DEFINITIONS.......................................................................................................................305 Chapter 9.300 Universal Definitions................................................................................................305 9.300.010 Purpose.......................................................................................................................305 9.300.020 “A” Definitions............................................................................................................306 9.300.030 “B” Definitions............................................................................................................308 9.300.040 “C” Definitions............................................................................................................309 9.300.050 “D” Definitions............................................................................................................312 9.300.060 “E” Definitions ............................................................................................................313 9.300.070 “F” Definitions ............................................................................................................314 9.300.080 “G” Definitions............................................................................................................315 9.300.090 “H” Definitions............................................................................................................316 9.300.100 “I” Definitions.............................................................................................................317 9.300.110 “J” Definitions.............................................................................................................318 9.300.120 “K” Definitions............................................................................................................318 9.300.130 “L” Definitions.............................................................................................................318 9.300.140 “M” Definitions...........................................................................................................320 9.300.150 “N” Definitions............................................................................................................321 9.300.160 “O” Definitions............................................................................................................322 9.300.170 “P” Definitions............................................................................................................322 9.300.180 “Q” Definitions............................................................................................................324 9.300.190 “R” Definitions............................................................................................................325 9.300.200 “S” Definitions ............................................................................................................327 9.300.210 “T” Definitions ............................................................................................................329 9.300.220 “U” Definitions............................................................................................................330 9.300.230 “V” Definitions............................................................................................................331 9.300.240 “W” Definitions...........................................................................................................331 9.300.250 “X” Definitions............................................................................................................332 9.300.260 “Y” Definitions ............................................................................................................332 9.300.270 “Z” Definitions ............................................................................................................332 Chapter 9.305 Special Standard and Use Definitions.......................................................................332 9.305.010 Purpose.......................................................................................................................333 9.305.020 Animal Keeping and Related Terms Defined..............................................................333 9.305.030 Density Bonus and Related Terms Defined ................................................................334 9.305.040 Marijuana and Related Term Definitions....................................................................336 9.305.050 Signs and Related Terms Defined...............................................................................337 9.305.060 Noise Control Regulations..........................................................................................342 9.305.070 Wireless Communications and Related Terms Defined..............................................343 Page 14 TITLE 7: SUBDIVISIONS ARTICLE 1: GENERAL PROVISIONS ARTICLE 2: MAPS REQUIRED ARTICLE 3: CERTIFICATES, ADJUSTMENTS, AND MERGERS ARTICLE 4: SUBDIVISION DESIGN, DEDICATION, AND IMPROVEMENT STANDARDS ARTICLE 5: DEFINITIONS Page 15 TITLE 9: PLANNING AND ZONING Contents: Article 1: General Provisions Article 2: Administration, Permits, and Procedures Article 3: Zones Article 4: Site Development Regulations and Performance Standards Article 5: Special Use Standards Article 6: Definitions ARTICLE 1: GENERAL PROVISIONS Contents: Chapter 9.01 Purpose and Applicability Chapter 9.05 Administrative Responsibilities Chapter 9.10 Rules of Interpretation Chapter 9.15 Nonconforming Uses and Structures Chapter 9.20: Enforcement Chapter 9.01 Purpose and Applicability Contents: 9.01.010 Title 9.01.020 Purpose and Intent 9.01.030 Authority 9.01.040 Applicability 9.01.050 Conflicting Requirements 9.01.060 Status of Covenants and Agreements 9.01.070 Severability 9.01.010 Title This Title is known as the Planning and Zoning Code of the City of Menifee, hereinafter referred to as the Title. 9.01.020 Purpose and Intent The provisions of this Title are hereby established and adopted to protect and promote the public health, safety, morals, comfort, convenience, and welfare, and more particularly to: A.Implement the goals and objectives of the general plan and to guide and manage development within the city in accordance with such plan. B.Protect the physical, social, and economic stability of residential, commercial, industrial, and other land uses within the city to assure its orderly and beneficial development. Page 16 C.Reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements. D.Attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning. 9.01.030 Authority This Title is adopted pursuant to the authority granted to the City by 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 requirements. 9.01.040 Applicability This Title applies to all land uses, structures, subdivisions, and development within the City, as follows: A.New or Altered Land Uses or Structures. Compliance with this Title is required to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure. B.Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with all applicable provisions of this Title. See Chapter 9.15 (Non-conforming Uses and Structures) for more details. C.Projects in Process. The enactment of this Title, or any amendments hereto, may have the effect of imposing different standards on new land uses, development, and/or structures than those that applied prior to enactment of this Title. Following the effective date of this Title the following provisions shall apply. Successive amendments to this Title shall specify their applicability to pending applications and projects not yet or under construction; in the event an amendment is silent on this matter, the following shall apply. 1.Private Projects. a.Pending applications. All land use permit applications that are active and that have been determined by the Community Development Director to be complete before the effective date of this Title, or any amendments thereto, will be processed according to the regulations in effect when the application was deemed complete. b.Approved projects not yet under construction or exercised. Any project approved prior to the effective date of this Title, which includes a use or improvement that does not conform to the regulations set forth herein, may be developed to the extent authorized by the approval, provided the approval has not expired or, where applicable, before a time extension approved prior to this effective date of this Title has expired, subject to the discretion of the City. c.Projects under construction. A structure that is under construction pursuant to a valid building permit on the effective date of this Title, or any amendments thereto, may be completed and need not be changed to satisfy any new or different requirements of this Title as long as construction is being diligently pursued to completion and is consistent with applicable project specific timelines for completion. 2.Public Projects. No federal, state, county or city governmental project shall be subject to the provisions of this Title, including such projects operated by any combination of Page 17 these agencies or by a private person for the benefit of any such government agency, unless the agency provides by contract or otherwise that the project shall be constructed or operated in compliance with any or all provisions of this Title. 9.01.050 Conflicting Requirements The provisions of this Title shall not be deemed or construed to repeal, amend, modify, alter, or change any other City ordinance or provision of law not specifically repealed, amended, modified, altered, or changed herein. In the event the provisions of this Title conflict with any other City ordinance or provision of law, the more restrictive of any such provision shall apply, except as follows: A.Specific Plans. Where a specific plan has been adopted containing specific use and development standards, the use and development standards contained in this Title shall not apply to the degree that they are not consistent with the use and development standards contained in the specific plan. B.Development Agreements. Where a development agreement has been adopted containing specific use and development standards, the use and development standards contained in this Title shall not apply to the degree that they are not consistent with the use and development standards contained in the development agreement. 9.01.060 Status of Covenants and Agreements The provisions of this Title are not intended to abrogate any legally adopted easements, covenants or other agreements which are more restrictive than the provisions of this Title. 9.01.070 Severability Should any section, chapter, paragraph, phrase or any portion of this Title be declared unconstitutional or invalid or set aside by any court of competent authority, such action shall not affect other sections, chapters, paragraphs, phrases or parts hereof as adopted or amended. Chapter 9.05 Administrative Responsibilities Contents: 9.05.010 Purpose 9.05.020 Planning Agency 9.05.010 Purpose The purpose of this chapter is to establish and describe the respective administrative responsibilities of City officials and bodies (e.g., Community Development Director, Planning Commission, City Council) for purposes of this Title. 9.05.020 Planning Agency Page 18 Government Code Section 65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by this title, shall be carried out by the following bodies. In the absence of an assignment, the City Council shall retain responsibility and authority as the legislative body of the City. A.Community Development Director. The Community Development Director, or designee, shall have the responsibility and authority to administer and enforce this Title as follows: 1.Receive, review, and process all applications for development pursuant to this Title. Processing includes but is not limited to the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports and recommendations to the Planning Commission and City Council. 2.Hear and take action on applications as provided by state law and this Title or other City ordinances. 3.Hear and make recommendations to the Planning Commission on applications as provided by state law and this Title or other City ordinances. 4.Interpret the provisions and advise the public on the requirements of this Title. 5.Initiate action for amendment of this Title where it is determined that such amendment would better implement the General Plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this Title. 6.Issue permits under this Title and certify that all such permits are in full conformance with its requirements. 7.Refer and coordinate matters related to the administration of this Title with other agencies and City departments and provide information on the status of all development permits. 8.Chair the Development Review Committee (DRC). 9.Serve as the administrative zoning body and exercise that authority set forth in Government Code Section 65900 et. seq. 10.Exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council. B.City Manager. The City Manager or designee shall oversee the work of the Community Development Director and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council. C.Planning Commission. Pursuant to Government Code Section 65101, and as provided in Chapter 2.20, the City has an established Planning Commission. The Planning Commission shall have the functions and duties as set forth in Section 2.20.100 (Functions and Duties of Planning Commission) of the Menifee Municipal Code. D.City Council. The City Council is the legislative body of the City and shall have the following land use responsibilities: 1.Hear and take action on appeals of the Planning Commission. 2.Hear and take action on applications as provided by state law and this Title or other City ordinances. 3.Direct planning-related policy amendments and special studies as necessary or desired. Page 19 4.Exercise such other powers and duties as are prescribed by state law or local ordinance. Chapter 9.10 Rules of Interpretation Contents: 9.10.010 Purpose 9.10.020 Interpretation of Code Provisions 9.10.030 Rules of Interpretation 9.10.010 Purpose The purpose of this chapter is to specify the authority, procedures and rules for clarification of ambiguity in the regulations of this Title in order to ensure the consistent interpretation and application of the Title. 9.10.020 Interpretation of Code Provisions A.Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a specific site, the Community Development Director shall have the authority and responsibility to interpret such terms, provisions, and requirements. B.Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Director relied to make the determination. The Department shall keep a record of interpretations made pursuant to this chapter on file for future reference. C.Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances. D.Right to Appeal. A Code interpretation by the Community Development Director may be appealed to the Planning Commission as provided in Section 9.30.100 (Appeals). 9.10.030 Rules of Interpretation The following rules of interpretation shall be used in the application of the terms, provisions, and requirements of this Code. A.Abbreviations. The following phrases, personnel, and document titles are shortened in this code: 1.City of Menifee = City. 2.Title 9 (Planning and Zoning) = Title = Zoning Code = Code. 3.Community Development Director = Director. 4.City Council = Council. 5.Community Development Department = Department. 6.Planning Commission = Commission B.Terminology. The following rules apply to all provisions in this code: 1.Language. The words “shall,” “will,” “is to,” and “are to” and similar words and phrases are always mandatory. “Should” is not mandatory but is strongly recommended, and “may” is permissive. Page 20 2.Tense and number. The present tense includes the past and future tense, and the future tense includes the present. The singular number includes the plural, and plural numbers include the singular unless the natural construction of the word indicates otherwise. 3.Conjunctions. “And” indicates that all connected items or provisions shall apply. “Or” indicates that the connected items or provisions may apply singly or in any combination. “Either…or” indicates that the connected items and provisions shall apply singly but not in combination. “Includes” and “including” shall mean “including but not limited to.” C.Number of Days. Whenever a number of days is specified in this Title, or in any permit, approval, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business. D.Minimum Requirements. All provisions of this Title are considered to be minimum requirements, unless specifically stated otherwise. E.Calculations; Rounding. Where any provision of this Title requires calculation to determine applicable requirements, any fractional/decimal results of the calculation shall be rounded to the nearest whole number (0.5 or more is rounded up, less than 0.5 is rounded down). F.Zoning Regulations. Any list of any item, including zones or uses, is exclusive. If a use or other item is not listed, it is not permitted unless the use is determined to be similar to a listed use or use category in accordance with Chapter 9.95 (Similar Use Determination). G.Zone Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the Zoning Map, the following rules shall apply: 1.District boundaries shown as approximately following the property line of a lot or an open space line shown on a map shall be construed to follow such lines. 2.Where a district boundary divides a lot, the location of the district boundary shall be determined by the Director. Such determinations shall not constitute amendment of the Zoning Map. 3.District boundaries shown as approximately following right-of-way lines of highways, streets or other identifiable boundary lines shall be construed to follow such right-of- way or boundary lines. 4.District boundaries shown as lying within right-of-way lines of highways, streets, defined natural features or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines. 5.District boundaries shown as lying at the edge of a mapped floodplain boundary line shall be construed to follow the adopted FEMA or DWR floodplain boundary or contour for the watercourse, as determined by the Director. 6.If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district. 7.If any uncertainty remains as to the location of a district boundary or other feature shown on the Zoning Map, the location shall be determined by the Director. Such determinations shall not constitute amendment of the Zoning Map. H.Consistency of Text and Diagrams. Diagrams are provided within this Title to illustrate the requirements of the Title’s text. In the event of conflict between the text of this Title and provided diagrams, the text shall determine the City’s regulations. Page 21 Chapter 9.15 Nonconforming Uses and Structures Contents: 9.15.010 Purpose 9.15.020 Continuing Existing Nonconforming Uses and Structures 9.15.030 Nonconforming Use of Land 9.15.040 Nonconforming Use of Structures 9.15.050 Improvement of Nonconforming Uses 9.15.060 Nonconforming Structures 9.15.070 Reconstruction of Damaged Nonconforming Structures 9.15.080 New Structures on Nonconforming Lots 9.15.010 Purpose The purpose of this chapter is to specify the authority, procedures and limitations for the use, expansion, modification, and restoration of structures and uses made nonconforming by the enactment or amendment of this Title. 9.15.020 Continuing Existing Nonconforming Uses and Structures Except as otherwise provided herein, the lawfully permitted use of a structure or of land and the lawfully permitted existence of structures existing on the effective date of this Title or any amendment thereto as determined by the Director may be continued even though such use or structure does not conform to the use or dimensional requirements of this Title. Said uses shall be deemed nonconforming uses and said structures shall be deemed to be nonconforming structures, except as otherwise provided by this chapter. 9.15.030 Nonconforming Use of Land Where no structure is involved, the nonconforming use of land may be continued, provided that: A.Relocation or Enlargement. 1.Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this Title, except when authorized by approval of a Conditional Use Permit if the approving authority finds that the new location would result in the nonconforming use having less adverse effect on surrounding uses. 2.Such nonconforming use shall not be enlarged or intensified, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of this Title. B.Discontinuation or Replacement. If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for a continuous period of one year or more, or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this Title. C.Other Nonconforming Use. No nonconforming use of land shall be changed to another nonconforming use. Page 22 9.15.040 Nonconforming Use of Structures Nonconforming use of a structure may be continued, provided that: A.Relocation or Enlargement. 1.Such nonconforming use shall not be enlarged or intensified, nor shall it be extended to occupy a greater area of any structure than occupied by such use at the time of the adoption of this Title, except as authorized in Section 9.15.040.A.3 below. 2.A structure which contains a nonconforming use shall not be placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Title, except when authorized by approval of a Conditional Use Permit if the approving authority finds that the new location would result in the nonconforming use having less adverse effect on surrounding uses. 3.A structure, or portion thereof, which contains a nonconforming use shall not be enlarged, nor shall any external evidence of such use be increased by any means whatsoever, except that when authorized by approval of a building permit, a structure containing a nonconforming use, and such nonconforming use, may be enlarged or extended to an extent not exceeding 25% of the floor area of the structure devoted to such nonconforming use. 4.The enlargement or extension of a structure permitted by this section shall comply with all requirements of the applicable zone, as well as any additional conditions or more restrictive development standards that the approval authority determines are necessary in order to protect adjacent residential development. B.Discontinuation or Replacement. 1.If such nonconforming use of a structure ceases for any reason for a continuous period of one year or more, except as provided in Section 9.15.040.E (Restoration of Nonconforming Uses in Damaged Structures), or is changed to a conforming use, any future use of such structure shall be in conformity with all provisions of this Title. 2.If the structure in or on which a nonconforming use is conducted or maintained is moved any distance for any reason, except as provided in Section 9.15.040.A.1, then any future use of such structure shall be in conformity with all provisions of this Title. 3.Such nonconforming use may be reestablished, repaired, or replaced upon the determination that without reestablishment, repair, or replacement, there are no economically viable uses available to a property owner that are consistent with the then- existing land use designations and regulations. C.Alteration. Except in the case of relocation as provided for in Section 9.15.040.A (Relocation or Enlargement), such structure containing a nonconforming use shall not be structurally altered or reconstructed, except for such alteration, maintenance and repair work as is required to keep said structure in safe condition, subject to a determination of the Building Official and/or Fire Marshall. D.Change Only to a Conforming Use. A nonconforming use of a structure may be changed only to a conforming use. Any part of a structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used or occupied by a nonconforming use. Page 23 E.Restoration of Nonconforming Uses in Damaged Structures. The nonconforming use of any structure which is destroyed or damaged by fire, explosion or other natural calamity, or the public enemy may be continued upon the reconstruction of said structure, provided that, except as otherwise permitted by Section 9.15.040.A (Relocation or Enlargement) herein, said nonconforming use shall not be enlarged or expanded and the resumption of said nonconforming use takes place within 18 months of the time of its interruption, which period may be extended by the Building Inspector for a maximum of 12 months for good cause. 9.15.050 Improvement of Nonconforming Uses In order that nonconforming uses may gradually be brought into greater conformity with this Title and the adverse external effects of such uses may be reduced, upon application to and approval of a Conditional Use Permit, the owner of any land or structure so used may be permitted to make limited changes to such structure or use in conjunction with a plan whereby through the addition of landscaped screening and buffer areas, control of noise, smoke or odors, the improvement of lighting, architectural changes, redesign of parking areas and access drives, or by any other appropriate means, these purposes may be achieved. The approving authority may grant approval or approval with modifications, provided that the approval authority finds that the purposes of this Title would be furthered by such action. 9.15.060 Nonconforming Structures A structure which is conforming in use, but does not conform to the height, yard, building coverage, parking or other development standards of this Title, shall be considered to be a nonconforming structure. Except for such alteration, maintenance and repair work as is required to keep said structure in safe condition, no permit shall be issued nor shall any changes or alterations be made on such structure that will result in the increase of any such nonconformity. Any structure or portion thereof may be altered to reduce its dimensional nonconformity. 9.15.070 Reconstruction of Damaged Nonconforming Structures A.Reconstruction Must Conform. If any nonconforming structure is damaged by fire, explosion or other natural calamity, or the public enemy to an extent of 50% or greater of the replacement cost of the entire structure as determined by an estimate prepared by a qualified professional acceptable to the Tax Assessor after any necessary consultation with the Building Official, it shall not thereafter be repaired, reconstructed or used except in conformity with the provisions of this Title. B.Reconstruction Requires Approval. The reconstruction of all nonconforming structures shall be subject to Plot Plan approval per Chapter 9.80 and all findings and requirements thereof except as otherwise expressly allowed or modified by this section. The approving authority shall determine the degree to which such nonconforming structures shall be required to conform with the requirements of this Title. The approving authority shall consider the extent of the nonconformity, the value of the original structure, the relationship of neighboring properties, conformity with the General Plan, the proposed reconstruction and any other consideration it deems appropriate. C.Exception for Multifamily Dwellings. In accordance with Government Code Section 65863.4, the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily residential dwelling which is currently occupied at the time it was Page 24 involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. The application of the exceptions of this subsection shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property. D.Exception for Single-Family Residential Dwellings. The restoration and reconstruction restriction in this subsection shall not apply to any single-family dwelling or mobile/manufactured home which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. The application of the exceptions of this subsection shall not apply to any single-family dwelling or mobile/manufactured home which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed. 9.15.080 New Structures on Nonconforming Lots A.A permit may be issued, subject to approval of the permit or approval type otherwise required for the subject use, for the erection of a structure housing a permitted use on any lot which has been made nonconforming with respect to area, depth, width or frontage requirements by the adoption of, or any amendment to, this Title or the Zoning Map, provided that all other district regulations other than minimum lot area, depth, width and frontage are complied with, provided: 1.The lot met the zoning requirements at the time the deed to the lot was recorded or a certificate of compliance has been issued; and 2.A valid conveyance or contract of sale for said lot has been executed and delivered prior to the effective date of the provision of this chapter that made the lot nonconforming; except 3.Where the owner of any such lot also owned adjoining land on said date, such other land, or so much thereof as may be necessary, shall be combined with the original lot to make a single conforming lot if possible; otherwise, a lot that is conforming to the fullest extent possible. 4.The new structure meets all building, fire and safety requirements. B.In the case of a lot having nonconforming dimensions in a residential zone, the minimum required front and rear yards shall be those of the residential zone in which said lot's depth is consistent with the current requirements as specified in this Title, and the minimum required side yards shall be those of the residential zone in which said lot's width is consistent with the current requirements as specific in this Title. 9.18.010 Purpose This chapter creates an orderly land use and business registration process through which land use activities and/or businesses that were in effect prior to the city's incorporation, and that are currently not fully compliant with applicable city rules, regulations and ordinances, may receive a business license and, from and after receipt of the land use and business registration, legally operate within the city as they progress toward full compliance with applicable city rules, regulations and ordinances. Page 25 9.18.020 Qualifying Land Use Activities and/or Businesses The following land use activities and/or businesses are eligible to receive a land use and business registration under this chapter: A.A land use activity or business that existed prior to October 1, 2008 and: 1.Received a valid certificate of registration from the County of Riverside or was found by the County of Riverside to be exempt from the County of Riverside's certificate of registration process; provided, however, that the land use activity or business: a.Must be substantially the same as previously registered, or exempted, by the County of Riverside, b.Must be located at the same address as previously registered, or exempted, by the County of Riverside, and c.Must have been continuously operated since the County of Riverside issued the registration or exemption, or 2.Demonstrates to the satisfaction of the Director of Community Development or her/his designee that the land use activity or business: a.Will be operated and maintained in such a manner, and subject to such conditions imposed in the reasonable discretion of the Director of Community Development or her/his designee, so as to avoid any threat to the public health, safety, and welfare, b.Is located at the same address as it was located as of October 1, 2008, and c.Has been continuously operated since October 1, 2008. For purposes of this division (A), “continuously operated” means all uses that have not ceased operations for a period of more than six continuous months. B.A business owner or property owner for the land use activity or business that is the subject of a land use and business registration request shall provide evidence acceptable to the Community Development Director that such business or land use activity has been consistently operating at the location in question, with no change in material use or conduct of the business or land use activity, since prior to October 1, 2008. Proof of such existence shall be in the form of one or more of the following: dated pictorial evidence; dated delivery or installation receipt for supplies or equipment for said business or land use activity; affidavit(s) of abutting or surrounding property owner; or other evidence as accepted by the Community Development Director. 9.18.030 Registration The holder of a land use and business registration must satisfy all of the following requirements: A.If a land owner or business owner/operator applies for a land use and business registration on or before July 1, 2020, that land owner or business owner/ operator shall, by October 1, 2028, bring the land use and/or business into conformance with all applicable standards, criteria and requirements in the City of Menifee Municipal Code, as it may be amended from time to time. A land use and business registration issued pursuant to this division (A) shall expire on October 1, 2028. B.If a land owner or business owner/operator applies for a land use and business registration after July 1, 2020, that land owner or business owner/operator shall bring the land use and/or Page 26 business into conformance with all applicable standards, criteria and requirements in the City of Menifee Municipal Code, as it may be amended from time to time, by the earlier of: 1.Within three years from the issuance of the land use and business registration, and 2.October 1, 2028. C.A land use and business registration issued pursuant to this division shall expire on compliance deadline described in the preceding sentence. D.Any land use or business that has received a land use and business registration and being conducted in a manner, or within or upon a structure, that is found by the city's Building Official or his/her designee to be a threat to the public health, safety, or welfare, shall promptly correct the identified sub-standard condition. All land use and business activities impacted by the condition shall immediately cease, and no further use and/or activity may continue until the issue or condition is corrected. E.No land use or businesses that has received a land use and business registration shall take any action to increase or cause an increase in the number, scope, or severity of violations with any ordinance, code, or regulation beyond that which exists as of the date of receipt of a business registration. F.Upon the expiration or termination of a land use and business registration, all land use activities and business on a property that was subject to the land use and business registration must fully comply with all applicable standards, criteria and requirements in the City of Menifee Municipal Code, as it may be amended from time to time. G.No land use and business registration shall be issued to land uses and/or activities that have outstanding city, county or state health and safety, or environmental citations, or are in violation of any current health and safety, or environmental regulations. H.For citations and/or regulatory violations that post-date the issuance of a land use and business registration, such registration shall be revoked by the Community Development Director if the property or business owners fails to promptly address and remediate such citations and/or regulatory violations. 9.18.040 Land Use and Business Registration Requirements Each land use activity or business applying for a land use and business registration under the provisions of this chapter shall conform to the following: A.The land use activity or business shall include reasonable ingress and egress (which may including paving or other surfacing to conform to Fire Agency requirements), to be maintained at all times, as to vehicular and pedestrian traffic and shall not violate any parking restrictions or create a nuisance by means of parking. B.The land owner or business owner/operator shall allow the ordinary inspection process as required of other business, including, periodic fire inspections, and stormwater pollution prevention plan and best management practices inspections. C.Concurrent with receipt of a land use and business registration, the land owner or business owner/operator shall enter into an agreement with the city, under which it shall agree to indemnify and hold harmless the City of Menifee, its officers, agents, employees or representatives, from any action whatsoever resulting from this issuance of the land use and business registration and the conduct of activities pursuant thereto. Page 27 D.By requesting and accepting a land use and business registration, the land owner or business owner/operator agrees that the land use activity or business shall not be enlarged, expanded, intensified, modified or enhanced without first receiving review and approval by the city, and that any such enlargement, expansion, intensification, modification or enhancement without first receiving review and approval by the city shall require the immediate termination of the land use or business and any land use and business registration received shall immediately become null and void. Those portions of the land use activity or business approved for enlargement, expansion, intensification, modification or enhancement shall conform to all codes and regulations in effect at the time of the enlargement, expansion, intensification, modification or enhancement. Applications for enlargements, expansions, intensifications, modifications, or enhancements of a use that is the subject of a land use and business registration will be processed utilizing the city's conditional use permit procedures, and shall accordingly be subject to the processes set forth in Chapter 9.40: Conditional Use Permits. E.All conditions of approval imposed in connection with the County of Riverside's approval, or exemption, of a land use or business activity must be satisfied within one year of written notification from the city. Alternatively, the land owner or business owner/operator may enter into an agreement with the city that establishes a process to bring the land use activity or business into conformance with the applicable conditions of approval. 9.18.050 Land Use and Business Registration Restrictions and Limitations Each existing land use activity and/or business subject to the provisions of this chapter shall be subject to the following restrictions and limitations: A.Land use activities and businesses permitted under this chapter within the residential zoning districts shall not include, at the site where the land use activity or business is being conducted, retail sales or commercial distribution. B.The use of metal shipping containers as storage devises shall be subject to all applicable City of Menifee Municipal Code requirements including, for residentially designated properties, Chapter 9.16: Metal Shipping Containers As Accessory Storage Facilities On Residentially Designated Properties. C.The incidental storage, outside of an enclosed building or structure, of materials associated with the on-site land use activity or business shall be subject to the requirements of the underlying zoning district, unless an alternative limit is approved by the Community Development Director upon the submission of proof that the larger storage need is an integral and essential requirement to continue the land use activity or business. D.Businesses possessing a current and valid state-issued Bureau of Automotive Repair (BAR) registration shall be permitted incidental vehicle storage, not in excess of ten days, of six vehicles actively being repaired, awaiting repair or awaiting pick-up. Vehicles stored within an enclosed structure or within an area secured on all sides with solid walls at least seven feet in height and view obscuring gate(s) shall be exempt from the ten-day storage limitation. E.All businesses or land use activities engaged in any form of vehicle dismantling, salvage, reclamation, or similar activity dismantling, salvaging, reclaiming or other related act upon vehicles, equipment, motors, structures or transportable devices shall be prohibited. Page 28 F.Land use activities or businesses that do not conform to the requirements of the underlying zoning district and which are not registered under the provisions of this chapter are prohibited uses. A legally established nonconforming use may remain as allowed within Chapter 9.15: Nonconforming Uses and Structures. 9.18.060 Licensing and Fee All land use activities and/or businesses permitted under this chapter shall register their land use activity or business with the city and obtain a city business license where applicable. An initial administrative fee of $500, or an alternative fee established by City Council resolution, shall be required with the submission of the request to register the land use activity or business. 9.18.070 Transfers or Re-Establishment Ownership and/or operation of each existing land use activity and/or business subject to the provisions of this chapter shall be transferable, or permitted to be re-established, if a lapse of no more than six months has occurred between the sale or termination and re-establishment of the land use activity or business. Chapter 9.20: Enforcement Contents: 9.20.010 Purpose 9.20.020 Authority to Enforce 9.20.030 Violations and Enforcement 9.20.040 Revocation or Modification 9.20.010 Purpose This chapter establishes the authority and process for enforcement of the requirements of this Title and any conditions of approval for the planning permits and approvals identified in this Title for purposes of protecting the public health, safety, and welfare of the City. 9.20.020 Authority to Enforce The City Manager, Community Development Director, Building Official, Code Enforcement Officer, or designees, may issue citations for any violations of this Title pertaining to the use of any land and the addition, alteration, construction, conversion, erection, moving, reconstruction, or use of any structure. Other officials of the City charged by the law with the general duty of enforcing City ordinance may also enforce the provisions of this Title. 9.20.030 Violations and Enforcement A.Violations – Effect on Approval or Permit. 1.Upon violation of any applicable provision of this Title or, if granted subject to conditions, upon failure to comply with conditions, or due to a change in conditions occurring after the original grant of permit which change in conditions makes the Page 29 continuation of said permit or approval incompatible with the general welfare of the surrounding neighborhood, said permit or approval may be suspended automatically. 2.A public hearing shall be held in accordance with the procedures outlined in Section 9.20.040 (Revocation or Modification) for discretionary permits and approvals. B.Enforcement. Enforcement of this Title shall be as provided in Chapter 1.03 (Administrative Citations), or other applicable sections of the Municipal Code. 9.20.040 Revocation or Modification A.Purpose. Notwithstanding the provisions of Section 9.30.120 (Modifications to Previously Approved Permits), this section provides procedures for the revocation or modification of previously approved permits or entitlements as follows: 1.Revocations. The City’s action to revoke a permit shall have the effect of terminating the permit and denying the privileges granted by the original approval. 2.Modifications. The City may choose to allow the modification of the operational characteristics or development requirements within the allowances of this Title instead of revoking a permit. These modifications may include operation aspects related to buffers, duration of the permit or entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc. B.Applicability. 1.Revocation or modification proceedings for any discretionary permit or approval granted in accordance with this Title may be initiated by the City if any of the following apply: a.A violation of conditions of approval or applicable development standards exists. b.The permit was obtained by misrepresentation or fraud. c.The use has become detrimental to the public health or safety or constitutes a nuisance. d.Circumstances under which the permit was granted have changed to a degree that affects the validity of the findings contained in the original permit. 2.Modification as used in this section is limited to modifications as specified in Subsection 9.20.040.A.2 and is distinct from the procedures for modifications to previously approved permits as described in Section 9.30.120 (Modifications to Previously Approved Permits). C.Notice of Intent to Initiate Revocation or Modification Proceedings. Such revocation may be initiated by adopting a Resolution of Intention, which is a resolution indicating the City’s intent to revoke or modify the permit. Such resolution may be adopted by either the Planning Commission or the City Council. The Resolution shall allow reasonable opportunity for the permittee to correct the noncompliance to the satisfaction of the City. Such reasonable opportunity for correction may be provided by scheduling a hearing on the revocation, for a date which will allow reasonable time for correction. D.Approving Authority. Page 30 1.The Planning Commission shall be the designated approving authority for consideration of a revocation or modification of a permit where the Director or Planning Commission was the original approving authority as specified in Section 9.30.090. 2.The City Council shall be the designated approving authority for consideration of a revocation or modification of a permit where the City Council was the original approving authority as specified in Section 9.30.090. E.Noticed Public Hearing. The decision to revoke or modify a permit granted pursuant to the provisions of this Title shall be considered at a noticed public hearing. Public notice shall be provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public Notice). F.Findings. A land use permit may be revoked or modified by the applicable approving authority as specified in Subsection 9.20.040.D (Approving Authority) if any of the following findings can be made: 1.Circumstances under which the permit was granted have been changed to a degree that one or more of the findings contained in the original permit can no longer be met. 2.The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing for the permit. 3.One or more of the conditions of the permit has not been substantially fulfilled or has been violated. 4.The improvement or use authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation or statute. 5.The improvement or use allowed by the permit has become detrimental to the public health, safety and general welfare, or the manner of operation constitutes or is creating a public nuisance. ARTICLE 2: ADMINISTRATION, PERMITS, AND PROCEDURES Contents: Chapter 9.25 Land Use and Development Approval Requirements Chapter 9.30 Common Application Processing Procedures Chapter 9.35 Accessory Dwelling Unit Permit Chapter 9.40 Conditional Use Permit Chapter 9.45 Development Agreement Chapter 9.50 General Plan Amendment Chapter 9.55 Home Occupation Permit and Home-Based Business Permit Chapter 9.60 Large Family Day Care Home Permit Chapter 9.65 Master Sign Program Chapter 9.70 Minor Exception Chapter 9.75 Planned Development Chapter 9.80 Plot Plan Chapter 9.85 Reasonable Accommodation Chapter 9.90 Sign Permit Page 31 Chapter 9.95 Similar Use Determination Chapter 9.100 Specific Plan Chapter 9.105 Temporary Use Permit Chapter 9.110 Variance Chapter 9.115 Zone Change/Zoning Code Amendment Chapter 9.25 Land Use and Development Approval Requirements Contents: 9.25.010 Purpose 9.25.020 Requirements for Development and New Land Uses 9.25.030 Consistency with the General Plan 9.25.040 Substantial Conformance Determination 9.25.050 Additional Approvals May Be Required 9.25.060 Inspections 9.25.010 Purpose The purpose of this chapter is to establish the general requirements of this Title for the review and approval of proposed development and new land uses in the City. 9.25.020 Requirements for Development and New Land Uses Except as otherwise provided in this Title, all uses and structures shall be established, maintained, constructed, reconstructed, altered, or replaced in compliance with the following requirements: A.Allowed Uses. The use of land shall be consistent with the allowed use regulations as follows: 1.Permanent uses. Chapter 9.155 (Agricultural and Rural Zones) through Chapter 9.180 (Public/Quasi-Public Facilities) lists the allowed uses and permit requirements for various land uses in each of the City’s base zones and overlay zones. 2.Temporary uses. Temporary uses must comply with the requirements of Chapter 9.105 (Temporary Uses). B.Permit and Approval Requirements. 1.No use that requires a permit or approval of any kind under the provisions of this Title shall be established or operated until the permit or approval is finally granted and all required conditions of the permit or approval have been completed. 2.No use that requires a permit or approval of any kind under the provisions of this Title shall be established or operated in violation of, or contrary to, any of the terms and conditions of the granted permit or approval. C.Development Standards. All uses and structures must comply with the development standards described in this Title. In addition: 1.No structure shall be erected, maintained, converted, reconstructed, or structurally altered, nor shall any land be used for any purpose if such structure or use is not allowed in the zone in which the structure or land is located. Page 32 2.No structure shall be erected, maintained, reconstructed, or structurally altered to exceed the height or envelope or setback limit for the zone in which the structure is located, unless specifically approved in accordance with the provisions of this Title. 3.No lot area shall be reduced or diminished to such an extent that the yard(s) or other open space(s) will be smaller than required by this Title, unless specifically approved in accordance with the provisions of this Title. 4.Every structure shall be located on a lot as defined by this Title. D.Conditions of Approval. The use of land and the construction of structures authorized by permits or approvals granted by the City in accordance with the procedures provided by this Title shall comply with any applicable conditions of approval imposed by the designated approving authority in granting the permit or approval, including any permit or approval that was granted prior to the effective date of this Title or any amendments thereto. E.Legal Parcel. The use of land or the construction of a new structure shall only be permitted on parcels that have been legally created in compliance with Title 7 (Subdivisions) and the Subdivision Map Act as determined by the City Engineer. Legal nonconforming parcels may be used or developed in compliance with Chapter 9.15 (Nonconforming Uses and Structures). 9.25.030 Consistency with the General Plan No use of land or buildings for which an application or approval is required pursuant to this Title is to be approved for processing under this Title unless it is consistent with the General Plan. In the event of any conflict between this Title and the General Plan, the General Plan shall prevail. In the event that this Title becomes inconsistent with the General Plan by reason of an amendment there to or an element thereof, this Title shall be amended within a reasonable time so that it is consistent with the General Plan as amended. A proposed use is consistent with the General Plan when all of the following conditions exist: A.The proposed use is in conformance with the programs and standards of the General Plan. B.The proposed use is to be established and maintained in a manner that is consistent with the General Plan and all applicable standards contained therein. 9.25.040 Substantial Conformance Determination A.The Community Development Director may approve minor changes to a previously approved permit at the administrative level if the proposed changes are in substantial conformance with the existing permit and would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity or intent of the approved project or reduce any requirement intended to mitigate an environmental effect, alter any public improvement or facility or conditions for which other properties or developments may rely, nor have an adverse effect upon public health, safety, or welfare. B.A substantial conformance determination may include: 1.Structural additions to non-residential projects of less than 200 square feet. Square footage shall be the aggregate of all proposed structures. 2.Structural additions or alterations to existing residential projects that add no additional units. Page 33 3.Changes to parking and circulation configurations which do not change the basic parking areas or circulation concept or reduce the number of parking spaces. 4.Landscape modifications which do not alter the general concept or reduce the effective amount of landscaping. 5.Non-substantial changes to building configurations or layouts. 6.Architectural or exterior material or color changes which do not change the basic form and theme of an existing building, do not change the location of windows or doors, or conflict with the original architectural form and theme of an existing building. 7.Other requests similar to the above-listed changes, as determined by the Director. C.No notice of decision is required for determinations of substantial conformance. 9.25.050 Additional Approvals May Be Required The establishment, operation, construction or development of uses, properties and structures shall be subject to all permitting and licensing requirements imposed by other sections of this Municipal Code or applicable local, state or federal laws. All applicable permits, licenses or other approvals including, without limitation, use, building, grading or other construction permits and business licenses shall be obtained prior to the start of work or operations. This specifically includes building, grading or other construction permits and business licenses, and permits or approvals of the responsible public agencies and service districts. Nothing in this Title eliminates the need for obtaining any other permits required by the City or any permit, approval, or entitlement required by the regulations of any county, regional, special district, state, or federal agency. 9.25.060 Inspections City officials are authorized to perform inspections related to permit issuance and other approvals made in accordance with this Title as follows: A.Pre-approval Inspections. Every applicant seeking a permit or any other approval in compliance with this Title shall allow the City officials handling the application access to any premises or property that is the subject of the application. Reasonable notice shall be provided in advance of a pre-approval inspection by the City. B.Post-approval Inspections. If the permit or other action in compliance with this Title is approved, the owner or applicant shall allow authorized City officials access to the premises in order to determine compliance with the approved permit and/or any conditions of approval imposed on the permit or approval action. CHAPTER 9.30 COMMON APPLICATION PROCESSING PROCEDURES Contents: 9.30.010 Purpose and Applicability 9.30.020 Applications and Fees 9.30.030 Pre-Application Review 9.30.040 Initiation of Application 9.30.050 Withdrawal of Application 9.30.060 Determination of Completeness Page 34 9.30.070 Application Review and Report 9.30.080 Public Hearing and Notice 9.30.090 Approving Authority 9.30.100 Appeals 9.30.110 Permit Time Limits, Expiration, and Extensions 9.30.120 Modifications to Previously Approved Permits 9.30.130 Reapplications 9.30.140 Indemnification and Hold Harmless for Permits and Approvals 9.30.010 Purpose and Applicability The purpose of this chapter is to establish procedures necessary for the efficient processing of land use and development applications, permits and other approvals. These common procedures apply to all permits and approvals described in this Title, unless stated otherwise. 9.30.020 Applications and Fees A.All applications for a permit or approval, as identified in this Title, must be submitted in writing to the Community Development Department on a completed City application designated for the specific request. B.Minimum submittal requirements shall be established by the Community Development Director and are listed on the application checklist. Additional information specific to the permit or approval and necessary for the complete analysis of an application may be required by the Director. All required material, information and fees shall be provided by the applicant before the application is accepted for processing. C.No application shall be considered complete for acceptance and processing until the required application fees are paid in full. Applications initiated by the City shall not require an application fee. 9.30.030 Pre-Application Review A.Purpose. The purpose of the pre-application review is to advise prospective applicants of current City standards and requirements, to assess whether a proposal is consistent with such standards before the applicant expends large sums of money, inform applicants of applicable requirements and thus potentially shorten the processing time for applications, and encourage designs which are sensitive to the City's environmental and development priorities. B.Applicability. The pre-application review process is optional and is not required prior to submittal of a formal application. A prospective applicant may request a pre-application review for any potential project. C.Request. A pre-application review request shall be made in writing to the Community Development Director on forms provided for that purpose. All requests must be accompanied by the applicable filing fee. D.Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the "Act"). An application that is undergoing pre-application review shall not be considered complete pursuant to the Page 35 requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 9.30.060 (Determination of Completeness). Requests for pre-application review shall not constitute submission and receipt by the City of a development application. E.Recommendations are Advisory. Neither the pre-application review nor the provision of information shall be construed as a recommendation for approval or denial of the potential development proposal by City representatives. Any recommendations that result from pre- application review are considered advisory only and shall not be binding on either the applicant or the City. During the formal review of applications, additional information, applications, etc., may be required. 9.30.040 Initiation of Application Applications may be initiated by any interested party, the Community Development Director, Planning Commission or City Council, except that for any application proposing the specific use or development of land, such application shall only be initiated by either of the following: A.Property owners or all contract purchasers of a subject property, or any person authorized in writing to act as an agent of the owner or contract purchasers. B.Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct. 9.30.050 Withdrawal of Application A.Request. The Director may withdraw any application upon written request by the applicant or authorized agent representative prior to the final determination on the application. B.Notice of Withdrawal. The Director shall mail a notice of withdrawal to the applicant within three business days to notify the applicant that the application has been withdrawn and that all processing of the application has been terminated. A copy of the notice shall be placed in the project file. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials must then be filed in compliance with the Chapter. C.Fees Partially Refunded. Partial refunds of permit fees collected by the City may be granted, at the discretion of the Community Development Director only if, prior to staff making a determination or recommendation on the application, the applicant submits a written request to withdraw the application. 9.30.060 Determination of Completeness A.Application Completeness. The formal processing of an application shall begin on the date the application is deemed complete. The statutory period of 30 days, established by state law for determining completeness (California Government Code Section 65943 [Permit Streamlining Act]), shall begin the day the application is accepted by the Community Development Department. B.Initial Determination. Within 30 days of application acceptance, the Director shall determine whether the application is complete. The Director shall notify the applicant in writing that one of the determinations has been made: Page 36 1.Complete Application. All submittal requirements have been satisfied and the application has been deemed complete. 2.Incomplete Application. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted application is not in compliance with City development standards and application requirements. C.Determination on Resubmittal. Within 30 days of acceptance of information submitted in response to a determination of incomplete application, the Director shall determine whether the application is complete. The Director shall notify the applicant in writing that one of the determinations has been made: 1.Complete Application. All submittal requirements have been satisfied and the application has been deemed complete. 2.Incomplete Application. Specific information is still necessary to complete the application. The letter shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. D.Right to Appeal. The applicant may appeal the determination in accordance with Section 9.30.100 (Appeals) and California Government Code Section 65493 (Permit Streamlining Act). A final written determination on the appeal shall be rendered not later than 60 days after receipt of the applicant’s written appeal. 9.30.070 Application Review and Report A.After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). B.The Community Development Director may refer an application for review and comment to any other government agency and/or City department that he/she determines appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. C.Reports for an application shall be prepared and disseminated as follows: 1.For applications decided at the administrative level, the Director will prepare a report, including a decision to approve, conditionally approve, alter, or deny the application. 2.For applications to be heard by the Planning Commission and/or City Council, the Director will prepare a report to the recommending authority, if applicable, and designated approving authority describing the project and may include a recommendation to approve, conditionally approve, alter, or deny the application. The report shall be provided to the applicant prior to consideration of the application, but no later than three business days prior to the hearing. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared. D.Time Limit for Decision. 1.The City shall comply with the following timelines for providing written documentation to an applicant if it determines that a proposed housing development project as described in Government Code Section 65589.5 is inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, Page 37 requirement, or other similar provision. Such written documentation shall identify the provision or provisions, and an explanation of the reason or reasons for the determination. Written documentation shall be provided as follows: a.Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units. b.Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units. 2.If the City fails to provide the required documentation pursuant to Subsection 9.30.070.D.1 the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. 9.30.080 Public Hearing and Notice A.Public Hearing Required. Where required pursuant to this Title, the following procedures shall govern the public notice and public hearing for a permit or other approval. B.Notice of Public Hearing. 1.Content. The notice of public hearing shall include the following information: a.Date, time and place of hearing. b.Identification of the reviewing or approving authority. c.Location of project. d.Project description. e.CEQA determination statement, if applicable. f.Statement related to appeals and challenges, if applicable. g.Information on the availability and location of staff reports and public review materials. 2.Delivery. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manners listed below. a.Notice of public hearing shall be published in at least one newspaper of general circulation in the City. b.Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application or to 25 property owners within a radius of up to one mile around the project, whichever is greater, as determined by the Community Development Director, using for this purpose the last known name and address of such owners as shown on the last equalized assessment roll or those names and addresses known to the City. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of a mailed notice, provide notice by placing a notice of at least 1/3 page in one newspaper of general circulation within the City. Page 38 c.Notice of the public hearing shall be mailed to the owner of the subject real property or the owner’s authorized agent, to the project applicant, and to each local agency expected to provide water, sewerage, streets, roads, schools or other essential facilities or services to the proposed project and whose ability to provide such facilities or services may be significantly affected. d.Notice of the public hearing shall be posted at City Hall. e.Notice of the public hearing shall be mailed to any person who has filed a written request for notice. f.Notice of the public hearing shall be posted on the property, which is the subject of the proposed development. Posted notices shall be informational signs measuring four feet by four feet in size. The number and location of the posted notices shall be as follows: i.For properties five acres or less in size, one sign per improved street frontage shall be posted on site. ii.For properties greater than five acres in size, two signs per improved street frontage shall be posted on site. iii.For properties that are unusually shaped or within a unique location, the Director may determine the location(s) for posted notices or require additional noticing of the proposed project. iv.For projects that may change or intensify the existing use or zoning, the Director may require supplemental and/or larger posted notices. g.Notice of the public hearing shall be posted at other locations designated by the City Council. h.Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the City shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. i.For a proposed conversion of residential property to a condominium, community Apartment or stock cooperative project, such notice shall be given by first class mail to each tenant of the property, including time and place of the hearing and notice of the tenants' rights to appear and to be heard. j.In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable. C.Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the City Clerk. The City may impose a reasonable fee for recovering the cost of such notification. D.Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for with the notice was given. E.Hearing Procedure. Hearings as provided for in this chapter shall be held in accordance with the provisions of Section 2.04.020 (Council Meetings; Rules of Order and Decorum), Section 2.20.120 (Conduct of Planning Commission Hearings) and the following provisions. Page 39 In the event of a conflict between the provisions of Title 2 and this section, the provisions of Title 2 shall apply. 1.Hearings shall be held at the date, time and place for which notice has been given as required in this chapter. The recommending authority and approving authority shall conduct the public hearing and hear testimony from interested persons. 2.Any hearing may be continued to a certain date, time, and place with no additional notice required. The continuance may occur either before the item is heard (if no one is present to testify or all those present consent to the continuance) or after testimony has been taken and before the completion of the hearing. 3.If the hearing is not continued to a date, time, or place certain, the hearing shall be re- noticed. F.Time Limit for Decision. Within 35 days after the conclusion of a public hearing, a decision on the matter shall be rendered by the approving authority. The failure to render such a decision shall be deemed to constitute a denial. G.Notice of Decision. Written notice of decision of the approval authority shall be provided to the applicant and all parties requesting such notification. Notices of decision are not required for actions of a recommending body. The notice of decision shall be provided as follows: 1.Planning Commission Determination. In addition to the provisions of Section 2.20.130 (Planning Commission Decisions and Findings), a written notice of decision shall be mailed within 3 business days of the date of decision and shall include: a.The application request as acted upon by the Planning Commission. b.Any conditions of approval or other requirements applied to the decision. c.The action taken by the Planning Commission. d.The deadlines, criteria and fees for filing an appeal. 2.City Council Determination. The provisions of Section 2.20.170 (City Council Decision and Findings) shall apply. 9.30.090 Approving Authority A.Recommending Authority. The recommending authority as designated in Table 9.30.090-1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit or approval in accordance with the requirements of this Title. B.Approving Authority. The approving authority as designated in Table 9.30.090-1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed land use or development permit or approval in accordance with the requirements of this Title. Generally, the Director and his/her designee will make non- discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decisions, and the City Council will make the legislative decisions. In acting on a permit, the approving authority decision may be appealed pursuant to procedures set forth in Section 9.30.100 (Appeals). Page 40 Table 9.30.090-1: Designated Authority for Permits and Approvals Designated Authority1 Permit or Approval Type (Chapter)Type of Action Community Development Director Planning Commission City Council Accessory Dwelling Unit Permit (9.35)Ministerial A Conditional Use Permit, Minor (9.40)Discretionary A Conditional Use Permit, Major (9.40)Discretionary R A Development Agreement (9.45)Legislative R R A Finding of Public Convenience and Necessity (9.250)Discretionary R A General Plan Amendment (9.50)Legislative R R A Home Occupation Permit (9.55)Ministerial A Home-Based Business (9.55)Discretionary A Large Family Daycare Permit (9.60)Ministerial A Master Sign Program, Minor (9.65)Ministerial A Master Sign Program, Major (9.65)Discretionary R A Minor Exception (9.70)Discretionary A Official Code Interpretation (9.15)Discretionary A Planned Development Overlay (9.115)Legislative R R A Planned Development (9.75)Discretionary R A Plot Plan, Minor (9.80)Ministerial A Plot Plan, Major (9.80)Discretionary R A Reasonable Accommodation (9.85)Discretionary A Sign Permit (9.90)Ministerial A Similar Use Determination (9.95)Discretionary A Specific Plan (9.100)Legislative R R A Substantial Conformance Determination (9.25)Discretionary A Temporary Use Permit, Minor (9.105)Discretionary A Temporary Use Permit, Major (9.105)Discretionary A Variance (9.110)Discretionary R A Zone Change/Zoning Code Amendment (9.115)Legislative R R A 1 A = Approving Authority; R = Recommending Authority Page 41 C.Multiple Entitlements. When a proposed project requires more than one permit or approval with more than one approving authority all project permits and approvals shall be processed concurrently and final action shall be taken by the highest-level designated authority for all such requested permits and approvals. D.Referral to the Planning Commission. At any point in the review process, the Director may transfer approving authority to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the Planning Commission shall be considered at a noticed public hearing. Public notice shall be provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public Notice). A referral to the Planning Commission is not an appeal and requires no appeal application or fee. E.Referral to the City Council. At any point during the Planning Commission hearing, the Planning Commission may, by simple majority, transfer approving authority to the City Council because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the City Council shall be considered at a noticed public hearing. Public notice shall be provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public Notice). A referral to the City Council is not an appeal and requires no appeal application or fee. F.City Council Referral back to Planning Commission. The City Council may refer any matter (including, but not limited to, those appealed to it) back to the Planning Commission in accordance with the provisions of Section 2.20.160 (City Council Referral Back to Planning Commission). 9.30.100 Appeals A.Appeal Authority. Any discretionary action of the Director or Planning Commission made pursuant to this Title may be appealed to the designated appeal authority listed in Table 9.30.100-1 (Appeal Authority). Non-discretionary decisions by the Director may not be appealed. Actions taken by the Planning Commission in exercise of its appeal authority may be further appealed to the City Council. Decisions by the City Council are final and may not be appealed. Table 9.30.100-1: Appeal Authority Appeal AuthorityApproval Authority for Action Being Appealed Planning Commission City Council Community Development Director X Planning Commission X B.Appeal Procedures. The provisions of Section 2.20.150 (Appeal Procedures) shall apply. 9.30.110 Permit Time Limits, Expiration, and Extensions A.Time Limits. Any permit not exercised within the specified time limit from the date of approval shall expire and become void, except where an extension of time is approved pursuant to this Section. B.Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work and incurred substantial liabilities in good faith reliance upon such Page 42 permit(s), as determined by the Director. A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Following are the criteria for determining if a permit has been exercised and therefore would not expire: 1.A building permit is issued, construction commenced on the primary building on site. 2.A certificate of occupancy is issued for the use or structure. 3.The site is occupied in accordance with the approved permit. 4.The site is occupied in accordance with an approved phase of a phased development and development has been diligently pursued for future phases of an approved permit. 5.An extension of time is approved in accordance with Subsection 9.30.110.C (Permit Extensions), if applicable. C.Permit Extensions. 1.Extensions of Time. The approval of an extension may extend the expiration date for the following time periods from the original permit or entitlement expiration date: a.Up to three years for ministerial and discretionary actions, subject to the findings of Subsection 9.30.110.C.4.a. b.Up to ten years for plot plans permitting commercial and/or industrial uses, subject to the findings of Subsection 9.30.110.C.4.b. 2.Process. Extension of time requests for projects shall be considered if submitted in writing to the Community Development Director at least 30 days prior to the expiration date of the permit or approval, along with the appropriate fees. The Community Development Director shall be the approving authority for extension requests, except for extension requests pursuant to Subsection 9.30.110.C.1.b, in which case the Planning Commission shall be the approving authority for such extension requests. 3.Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved, unless the permit has vesting rights. 4.Permit Extension Findings. a.The extension may be granted only when the designated approving authority finds the following: i.The original permit findings can still be made or there has been diligent pursuit to exercise the permit or approval that warrants such extension. ii.There have been no significant changes in the General Plan, this Title or applicable Municipal Code requirements, or character of the area within which the project is located that would cause the approved project to become out of compliance with applicable policies and regulations and that the granting of an extension will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. b.The extension of plot plans for commercial and/or industrial uses beyond three years from the date of original approval may be granted only when the designated approving authority finds the following: i.That for reasons beyond its control, the applicant was not able to commence construction pursuant to the plot plan with the original approval period. Page 43 ii.The applicant has provided substantial evidence to demonstrate that it will be able to complete construction pursuant to the plot plan within the proposed period of extension. iii.The applicant has demonstrated that the proposed project will provide positive economic development benefits to the City. iv.There have been no significant changes in the General Plan, this Title or applicable Municipal Code requirements, or character of the area within which the project is located that would cause the approved project to become out of compliance with applicable policies and regulations and that the granting of an extension will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. D.Permit Expiration. 1.Multiple Entitlements. Notwithstanding the expiration specified for individual permit and approval types, when an approved project had more than one permit or approval processed concurrently in accordance with Subsection 9.30.090.C (Multiple Entitlements) all permit expiration dates shall be consistent. The longest permit expiration date shall apply. 2.Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit shall expire. E.Permit Expiration for a Closed Business. All permits shall expire when a business or use is closed or discontinued for more than one calendar year. Approval of new permits based on current requirements shall be required prior to any business activity or use on the site. 9.30.120 Modifications to Previously Approved Permits A.Applicability. Any person holding a permit granted under this Title may request a modification to that permit. For the purpose of this section, the modification of a previously approved permit may include amendment of the terms of the permit itself, amendment to project design, or the waiver or alteration of conditions imposed in the granting of the permit. B.Request for Modification. An applicant may request a modification to a permit after the effective date of the permit. An application shall be made on forms provided by the Community Development Department and shall be accompanied by the applicable fee. C.Review Process. A modification may be granted only when the designated approving authority makes all findings required for the original approval. The designated approving authority for a modification to a previously approved permit shall be determined as follows: 1.Minor Modification. Minor modifications to a previously approved permit shall be processed as follows: a.Applicability. A minor modification is a non-substantive change of a previously approved permit. Minor modifications include: i.Structural additions to non-residential projects of more than 200 square feet and less than 2,500 square feet or 50 percent of existing square footage, whichever is less. Square footage shall be the aggregate of all proposed structures. ii.Structural additions or alterations to existing residential projects that add no more than six units. Page 44 iii.Expansion of existing parking lots that add less than 25 parking spaces on an existing site. iv.Modifications to parking and circulation configurations which change the basic parking areas or circulation patterns or which reduce the number of parking spaces. v.Landscape modifications which alter the general concept or reduce the effective amount of landscaping. vi.Architectural or exterior material or color changes which change the basic form and theme of an existing building, change the location of windows or doors, or conflict with the original architectural form and theme of an existing building. vii.Adjustments to the standards of development established through an approved Planned Development. viii.Other requests similar to the above-listed minor amendments, as determined by the Director. b.Review Process. The Director is the designated approval authority for minor modifications. No public hearing shall be required. A written notice of decision shall be issued in the same manner as the original permit. Minor modifications of discretionary permits may be appealed. 2.Major Modifications. Major modifications to a previously approved permit shall be processed as follows: a.Applicability. A major modification is a substantive change of a previously approved permit. Major modifications include: i.Structural additions to non-residential projects of equal to or greater than 2,500 square feet or 50% of existing square footage, whichever is less. Square footage shall be the aggregate of all proposed structures. ii.Structural additions or alterations to existing residential projects that add more than six units. iii.Expansion of existing parking lots that add 25 parking spaces or more on any existing site. iv.A modification in the approved access to the project site. v.Changes in the allowed uses established for an approved Planned Development. vi.Other requests similar to the above-listed major amendments, as determined by the Director. b.Review Process. The original approving authority shall be the designated approving authority for major modifications. Where entitlements were processed concurrently, the designated approving authority shall be the specified approving authority in accordance with Table 9.30.090-1 (Designated Authority for Permits and Approvals) for the permit or approval subject to the request for major modification. A major modification shall be processed in the same manner and subject to the same standards as the original application. Major modifications of discretionary permits may be appealed. D.Permit Expiration. Granting of a modification to a previously approved permit does not extend the permit expiration date. A permit extension must be reviewed and approved in Page 45 accordance with the provisions of Section 9.30.110 (Permit Time Limits, Expiration, and Extensions). 9.30.130 Reapplications A.Applicability. An application shall not be accepted or acted upon if within the past one year the City has denied an application for substantially the same project on substantially the same real property, unless the Director finds one or more of the following circumstances to exist: 1.New Evidence. There is new evidence that would support approving the project that was not presented during consideration of the application or at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant. 2.Substantial and Permanent Change of Circumstances. There has been a substantial and material change of circumstances since the previous determination that affects the applicant’s real property. 3.Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application. 9.30.140 Indemnification and Hold Harmless for Permits and Approvals A.Applicability. At the time of submitting an application for a land use permit or approval all applicants requesting such an approval agree, as a part of the required application, to defend, indemnify and hold harmless the City from any claim, action or proceeding brought to attack, set aside, void or annul any subsequent approval by the City which is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the City, costs of suit, attorneys’ fees and other costs and expenses incurred in connection with any such claim, action or proceeding. In addition, an indemnification agreement may be required as a condition of approval for the project. B.Notification. In the event that a claim, action or proceeding referenced in Subsection 9.35.100.A is brought, the City shall promptly notify the applicant thereof. Chapter 9.35 Accessory Dwelling Unit Permit Contents: 9.35.010 Purpose 9.35.020 Applicability 9.35.030 Application and Required Fees 9.35.040 Approving Authority 9.35.050 Public Hearing and Notice 9.35.060 Standards of Approval 9.35.070 Findings for Approval 9.35.080 Notice of Decision 9.35.090 Effective Date 9.35.100 Appeals 9.35.110 Expiration Page 46 9.35.120 Extension of Time 9.35.130 Modifications 9.35.010 Purpose This chapter establishes procedures for the review and approval of accessory dwelling units to protect and preserve existing neighborhoods while providing options to meet the various housing needs of the community in compliance with Government Code Section 65852.2. 9.35.020 Applicability An Accessory Dwelling Unit Permit is required prior to establishment, construction, or modification of an accessory dwelling unit. 9.35.030 Application and Required Fees A.Application Filing and Processing. Applications for an Accessory Dwelling Unit Permit shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.35.040 Approving Authority Applications for an Accessory Dwelling Unit Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for an Accessory Dwelling Unit Permit. 9.35.050 Public Hearing and Notice No public hearing is required prior to action on an application for an Accessory Dwelling Unit Permit. 9.35.060 Standards of Approval In approving an Accessory Dwelling Unit Permit, the approving authority may impose reasonable and appropriate standards of approval consistent with Government Code Section 65852.2 to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. 9.35.070 Findings for Approval Prior to approving an application for an Accessory Dwelling Unit Permit, the approving authority shall make all the following findings: A.The Accessory Dwelling Unit is consistent with the adopted General Plan and any applicable specific plan. B.The Accessory Dwelling Unit meets all applicable standards for development of this Title. Page 47 9.35.080 Notice of Decision Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include: A.The application request as acted upon by the Director. B.The action taken by the Director. C.Findings as listed for the permit. 9.35.090 Effective Date Accessory Dwelling Unit Permits shall become effective on the date an approval is issued by the approving authority. 9.35.100 Appeals Accessory Dwelling Unit Permits are ministerial and are not subject to appeal. 9.35.110 Expiration An approved Accessory Dwelling Unit Permit shall expire three years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions). 9.35.120 Extension of Time Accessory Dwelling Unit Permits may be extended in accordance with Subsection 9.30.110.C (Permit Extensions). 9.35.130 Modifications Modifications to an approved Accessory Dwelling Unit Permit shall be processed as a new application. Chapter 9.40 Conditional Use Permit Contents: 9.40.010 Purpose 9.40.020 Applicability 9.40.030 Application and Required Fees 9.40.040 Approving Authority 9.40.050 Public Hearing and Notice 9.40.060 Conditions of Approval 9.40.070 Findings for Approval 9.40.080 Notice of Decision 9.40.090 Effective Date 9.40.100 Appeals Page 48 9.40.110 Expiration 9.40.120 Extension of Time 9.40.130 Modifications 9.40.010 Purpose This chapter establishes procedures for the administrative review and approval of certain conditionally permitted uses that are considered minor in nature allowing the City to confirm compliance with all applicable local standards, ordinances, and other applicable plans and policies and maintain the discretion to apply additional discretionary conditions of approval, as needed, to ensure that uses are designed, located and operated in a manner that is compatible with uses on adjacent and nearby properties. This chapter also establishes procedures for the review and approval of certain conditionally permitted uses that may be considered to have a potentially greater impact on surrounding properties and require additional review. Such conditional uses typically have operating characteristics requiring special consideration, which may necessitate discretionary conditions of approval to ensure that uses are designed, located and operated in a manner that is compatible with uses on adjacent and nearby properties. 9.40.020 Applicability A.Minor Conditional Use Permit Required. A Minor Conditional Use Permit is required prior to establishment of any conditional use as indicated with a “C” on the allowed use tables contained in Chapter 9.155 (Agricultural and Rural Zones) through Chapter 9.180 (Public/Quasi-Public Facilities) and meeting any of the following criteria, except as specifically exempted by Section 9.40.020.C: 1.When the conditional use involves an existing building. 2.When the conditional use is processed concurrently with a Minor Plot Plan. 3.Other conditional uses as may be determined by the Community Development Director. 4.Uses specifically requiring a Minor Conditional Use Permit as required by this Title. B.Major Conditional Use Permit Required. A Major Conditional Use Permit is required prior to establishment of any conditional use as indicated with a “C” on the allowed use tables contained in Chapter 9.155 (Agricultural and Rural Zones) through Chapter 9.180 (Public/Quasi-Public Facilities) and meeting any of the following criteria, except as specifically exempted by this chapter: 1.When the conditional use is processed concurrently with a Major Plot Plan. 2.Other conditional uses as may be determined by the Community Development Director. 3.Uses specifically requiring a Major Conditional Use Permit as required by this Title. C.Exemptions. Uses specifically exempt from the requirements for obtaining a Minor Conditional use Permit or a Major Conditional Use Permit in accordance with this Title. 9.40.030 Application and Required Fees A.Application Filing and Processing. Applications for a Minor Conditional Use Permit or a Major Conditional Use Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). Page 49 B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). C.Additional Applications May Be Required. When a conditional use is proposed in association with the physical development of a property as permitted by this chapter, a separate application for a Minor Plot Plan or Major Plot Plan, as appropriate, shall be filed for review and approval. When multiple applications are required for the same project, the applications shall be processed in accordance with Subsection 9.30.090.C (Multiple Entitlements). 9.40.040 Approving Authority A.Minor Conditional Use Permit. Applications for a Minor Conditional Use Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, or deny applications for a Minor Conditional Use Permit. B.Major Conditional Use Permit. Applications for a Major Conditional Use Permit shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows: 1.Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Major Conditional Use Permit. 2.Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Major Conditional Use Permit. 9.40.050 Public Hearing and Notice A.Minor Conditional Use Permit. No public hearing is required prior to action on an application for a Minor Conditional Use Permit. B.Major Conditional Use Permit. The Planning Commission shall hold a public hearing prior to taking action on an application for a Major Conditional Use Permit. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice). 9.40.060 Conditions of Approval In approving an application for a Minor Conditional Use Permit or Major Conditional Use Permit, the approving authority may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to: A.Requirements for special building setbacks, open spaces, buffers, fences, walls and screening. B.Requirements for installation and maintenance of landscaping and erosion control measures. C.Requirements for street and other infrastructure improvements and related dedications. D.Regulation of vehicular ingress, egress, and traffic circulation. E.Regulation of hours of operation or other characteristics of operation. F.Requirements for security. Page 50 G.Requirements for periodic review. H.Requirements for special building design and features to enhance aesthetics and integrate the use into the community. I.Other conditions as may be deemed necessary to make the findings required by this chapter. 9.40.070 Findings for Approval Prior to approving an application for a Minor Conditional Use Permit or a Major Conditional Use Permit, the approving authority shall make all the following findings: A.The proposed design and location of the conditional use is consistent with the adopted General Plan and any applicable specific plan. B.The proposed design and location of the conditional use meets all applicable standards of development and operation of this Title, including any applicable specific use regulations. C.That the proposed site is adequate in size and shape to accommodate the conditional use in a manner that is compatible with existing and planned uses in the vicinity. D.That the proposed design and location of the conditional use will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity. 9.40.080 Notice of Decision A.Minor Conditional Use Permit. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include: 1.The application request as acted upon by the Director. 2.The action taken by the Director. 3.Findings as listed for the permit. 4.The deadlines, criteria and fees for filing an appeal. B.Major Conditional Use Permit. Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision). 9.40.090 Effective Date Minor Conditional Use Permits and Major Conditional Use Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal. 9.40.100 Appeals Minor Conditional Use Permits and Major Conditional Use Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals). 9.40.110 Expiration Minor Conditional Use Permits and Major Conditional Use Permits shall expire three years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions). Page 51 9.40.120 Extension of Time Minor Conditional Use Permits and Major Conditional Use Permits may be extended in accordance with Subsection 9.30.110.C (Permit Extensions). 9.40.130 Modifications A.An applicant may request a modification to an approved Minor Conditional Use Permit or an approved Major Conditional Use Permit after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). B.Modifications to an approved Minor Conditional Use Permit or an approved Major Conditional Use Permit may be requested independent from and shall not require modification to, any associated permits or approvals for the same property. Chapter 9.45 Development Agreement Contents: 9.45.010 Purpose 9.45.020 Applicability 9.45.030 Application and Required Fees 9.45.040 Approving Authority 9.45.050 Public Hearing and Notice 9.45.060 Alterations 9.45.070 Findings for Approval 9.45.080 Notice of Decision 9.45.090 Effective Date 9.45.100 Appeals 9.45.110 Expiration 9.45.120 Extension of Time 9.45.130 Modifications 9.45.140 Required Content 9.45.150 Execution and Recordation 9.45.160 Annual Review 9.45.170 Violation of Agreement 9.45.010 Purpose The purpose of this chapter is to provide procedures and requirements for consideration of Development Agreements in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The purpose of Development Agreements is to benefit the public, in that: A.Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all Page 52 leading to the maximum efficient utilization of resources at the least economic cost to the public. B.Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. C.Development Agreements enable the City to plan or and finance public facilities, including but not limited to streets, sewerage, transportation drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing. 9.45.020 Applicability A.Only a person who has legal or equitable interest in the subject property which is the subject of the Development Agreement, or his/her authorized agent, may submit an application for a Development Agreement. B.The City may enter into a Development Agreement within the City limits or within unincorporated territory within the Sphere of Influence. 9.45.030 Application and Required Fees A.Application Filing and Processing. Applications for a Development Agreement shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.45.040 Approving Authority A.Applications for a Development Agreement shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows: 1.Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Development Agreement. 2.Approving Authority. The designated approving authority is authorized to approve, alter, or deny an application for a Development Agreement. 9.45.050 Public Hearing and Notice The Planning Commission shall hold a public hearing to make a recommendation on applications for a Development Agreement. The Planning Commission’s recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a Development Agreement. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice). 9.45.060 Alterations Page 53 In approving a Development Agreement, the approving authority may make alterations to the proposal to ensure that the proposed agreement will comply with the required findings. 9.45.070 Findings for Approval Pursuant to Government Code Section 65867.5, a Development Agreement shall be approved by ordinance and is subject to referendum. Prior to approving a Development Agreement as prescribed by this chapter, the approving authority shall make all the following findings: A.The proposed development agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan. B.The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is or will be located. C.The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice. D.The proposed development agreement will not be detrimental to the health, safety and general welfare within the city. E.The proposed development agreement will not adversely affect the orderly development of the property or the preservation of property values. F.The proposed development agreement will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty for the developer. G.The proposed development agreement that includes a subdivision, and any tentative map prepared for the subdivision, will comply with the provisions in Government Code Section 66473.7. 9.45.080 Notice of Decision Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision). 9.45.090 Effective Date Development Agreements shall become effective on the date specified in the agreement. For Development Agreements approved including property located outside the City limits within the Sphere of Influence which shall not become operative unless annexation proceedings annexing the property to the City are completed within the period of time specified by the agreement. 9.45.100 Appeals Actions taken by the City Council are final and are not subject to appeal. 9.45.110 Expiration A Development Agreement shall expire as specified in the terms of the agreement. 9.45.120 Extension of Time Extensions of time requested following execution of a Development Agreement shall be processed in accordance with Section 9.45.130 (Modifications). Page 54 9.45.130 Modifications Except as otherwise provided by law, a Development Agreement may be modified or terminated, in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. The procedure for initiating and adopting an amendment or termination, in whole or in part, is the same as the procedure for entering into the original agreement. A modification or termination of a Development Agreement shall be subject to the provisions of Section 9.45.150 (Execution and Recordation). 9.45.140 Required Content A.A Development Agreement shall specify: 1.The duration of the agreement. 2.The permitted uses of the property. 3.The density or intensity of the use. 4.The maximum height and size of proposed buildings. 5.Provisions for preservation or dedication of land for public purposes. B.The Development Agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions. The agreement may provide that construction shall be commenced within a specific time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant or public financing of necessary public facilities and subsequent reimbursements. C.For Development Agreements including property located outside the City limits within the Sphere of Influence, the agreement shall specify a time period by which annexation of the subject property is to be completed. 9.45.150 Execution and Recordation A.After the Ordinance approving the Development Agreement takes effect, the City shall enter into the Development Agreement by signature of the Mayor or his/her designee. B.The City shall not execute a Development Agreement until it has been executed by the applicant. C.Not more than 10 days following the execution of a Development Agreement by the City, the City Clerk shall record with the County Recorder a copy of the executed agreement. 9.45.160 Annual Review The Community Development Director shall review the Development Agreement at least every 12 months. The applicant or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If the Community Development Director determines, based on substantial evidence, that the applicant, or successor in interest thereto has complied in good faith with all terms and conditions of the agreement during the period of review, the review for that period is concluded. 9.45.170 Violation of Agreement A.Notwithstanding Subsection 9.45.160 (Annual Review), where the Community Director finds, based on substantial evidence, that the applicant, or successor in interest thereto, has Page 55 not complied in good faith with the terms and conditions of the agreement, a public hearing shall be scheduled to review the applicant’s conformance with the agreement. Procedures for the conduct of such hearing shall be the same as provided herein for consideration of the original agreement. If, on the basis of substantial evidence, the applicant, or successor in interest thereto, has not complied if good faith with the terms and conditions of the agreement, the City Council may amend or terminate the agreement. B.For Development Agreements including property located outside the City limits within the Sphere of Influence, should annexation of the subject property not be completed within the period of time specified by the agreement, or any extension thereof, the agreement is null and void. Chapter 9.50 General Plan Amendment Contents: 9.50.010 Purpose 9.50.020 Applicability 9.50.030 Application and Required Fees 9.50.040 Approving Authority 9.50.050 Public Hearing and Notice 9.50.060 Alterations 9.50.070 Findings for Approval 9.50.080 Notice of Decision 9.50.090 Effective Date 9.50.100 Appeals 9.50.110 Expiration 9.50.120 Extension of Time 9.50.130 Amendments 9.50.140 Frequency of Amendments 9.50.150 Additional Notice Required 9.50.010 Purpose This Chapter establishes guidelines and procedures for amending the General Plan. The General Plan and these procedures are to be consistent with state planning laws (California Government Code Section 65300 et seq.). 9.50.020 Applicability A General Plan Amendment is required for any amendment to the General Plan goals, policies or implementation actions or any change to the General Plan land use or other designations on any figures contained in the General Plan. 9.50.030 Application and Required Fees Page 56 A.Application Filing and Processing. Applications for a General Plan Amendment shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.50.040 Approving Authority Applications for a General Plan Amendment shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows: 1.Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a General Plan Amendment. 2.Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a General Plan Amendment. 9.50.050 Public Hearing and Notice The Planning Commission shall hold a public hearing to make a recommendation on an application for a General Plan Amendment. The Planning Commission’s recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a General Plan Amendment. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice). 9.50.060 Alterations In approving a General Plan Amendment, the approving authority may make alterations to the proposal to ensure that the approval will comply with the required findings. Any substantial alteration made to the proposed General Plan Amendment that was not previously considered by the Planning Commission must be referred back to the Planning Commission for its recommendation in accordance with Section 9.30.090.F (Approving Authority). 9.50.070 Findings for Approval Prior to approving a General Plan Amendment, the approving authority shall make all the following findings, which shall be made by resolution: A.The amendment is consistent with the intent of the vision, goals and policies of the General Plan as a whole. B.The amendment prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses. C.The amendment provides for the protection of the general health, safety and/or welfare of the community. 9.50.080 Notice of Decision Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision). Page 57 9.50.090 Effective Date General Plan Amendments shall become effective immediately following the date of adoption. 9.50.100 Appeals Actions taken by the City Council are final and are not subject to appeal. 9.50.110 Expiration Approved General Plan Amendments do not expire. 9.50.120 Extension of Time No extensions of time are necessary as an approved General Plan Amendment does not expire. 9.50.130 Amendments Any amendments affecting an approved General Plan Amendment shall be handled as a new application. 9.50.140 Frequency of Amendments Pursuant to Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan. 9.50.150 Additional Notice Required Pursuant to Government Code Section 65352, at least 45 days prior to Council action on a proposed General Plan Amendment, the Community Development Director shall notify the County, the Local Agency Formation Commission (LAFCO), any applicable Native American Tribes, and any area-wide planning agency or federal agency whose operations may be significantly affected by the proposed action and each governmental body, commission, or board, including those of any school or special districts, whose jurisdiction lies wholly or partially within the City whose functions include recommending, preparing plans for, or constructing major public works projects. Chapter 9.55 Home Occupation Permit and Home-Based Business Permit Contents: 9.55.010 Purpose 9.55.020 Applicability 9.55.030 Application and Required Fees 9.55.040 Approving Authority 9.55.050 Public Hearing and Notice Page 58 9.55.060 Standards and Conditions of Approval 9.55.070 Findings for Approval 9.55.080 Notice of Decision 9.55.090 Effective Date 9.55.100 Appeals 9.55.110 Expiration 9.55.120 Extension of Time 9.55.130 Modifications 9.55.140 Transferability 9.55.010 Purpose The purpose of this chapter is to establish a review procedure so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment. 9.55.020 Applicability A.Home Occupation Permit or Home-based Business Permit Required. The provisions of this chapter shall apply to the operation of home-operated businesses and occupations in residential dwellings or on residential properties. A home-operated business may be permitted as an accessory use on any residential property with a Home Occupation Permit or a Home-Based Business Permit. B.Level of Permit Required. The following applicability thresholds shall be used to determine if the proposed project shall require a Home Occupation Permit or a Home-Based Business Permit. 1.Home Occupation Permit. A Home Occupation Permit shall be required if the proposed home-operated business meets all the following criteria, except as specifically exempted by this chapter: a.All related activities are conducted entirely within the residence . b.No non-resident employees visit the home in the course of operating the business 2.Home-Based Business Permit. A Home-Based Business Permit shall be required if the proposed home-operated business meets any of the following criteria, except as specifically exempted by this chapter: a.Any related activities are conducted outside or within a partially enclosed structure. b.Non-resident employees visit in the course of operating the business. C.Prohibited Home-Operated Businesses. Certain uses are not compatible with residential activities and shall be prohibited. Prohibited home-operated businesses shall include those that do not meet the criteria of Chapter 9.255 (Home Occupation and Home-Based Business). 9.55.030 Application and Required Fees Page 59 A.Application Filing and Processing. Applications for Home Occupation Permits and Home- Based Business Permits shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Chapter 9.30.020 (Applications and Fees). C.Business License Required. A home-operated business shall require a City business license. D.Owner Consent. For home-operated businesses conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to submittal of an application for a Home Occupation Permit or a Home-Based Business Permit. 9.55.040 Approving Authority Applications for a Home Occupation Permit or a Home-Based Business Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, or deny applications for a Home Occupation Permit or a Home- Based Business Permit. Pursuant to Section 9.30.090 D., At any point in the review process, the Director may transfer approving authority on a Home-Based Business Permit to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. 9.55.050 Public Hearing and Notice No public hearing is required prior to action on an application for a Home Occupation Permit or a Home-Based Business Permit, unless the Home-Based Business application has been referred to the Planning Commission. 9.55.060 Standards and Conditions of Approval In approving a Home Occupation Permit or a Home-Based Business Permit, the approving authority may impose reasonable and appropriate standards of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. 9.55.070 Findings for Approval A.Home Occupation Permit. Prior to approving an application for a Home Occupation Permit, the approving authority shall make all the following findings: 1.The proposed project is consistent with the adopted General Plan and any applicable specific plan. 2.The proposed project meets all applicable development and operational standards for development and other provisions of this Title. B.Home-Based Business Permit. Prior to approving an application for a Home-Based Business Permit, the approving authority shall make all the following findings: 1.The proposed project is consistent with the adopted General Plan and any applicable specific plan. Page 60 2.The proposed project meets all applicable development and operational standards for development and other provisions of this Title. 3.The establishment, maintenance, or operation of the home-based business will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city. 9.55.080 Notice of Decision A.Home Occupation Permit. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include: 1.The application request as acted upon by the Director. 2.The action taken by the Director. 3.Findings as listed for the permit. B.Home-Based Business Permit. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The Notice of Decision shall include: 1.The application request as acted upon by the Director. 2.The action taken by the Director. 3.Findings as listed for the permit. 4.The deadlines, criteria and fees for filing an appeal. 9.55.090 Effective Date A.Home Occupation Permit. Minor Home-Based Business Permits shall become effective on the date an approval is issued by the approving authority. B.Home-Based Business Permit. Major Home-Based Business Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal. 9.55.100 Appeals A.Home Occupation Permit. Home Occupation Permits are ministerial and are not subject to appeal. B.Home-Based Business Permit. Home-Based Business Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals). 9.55.110 Expiration A.Home-Based Business Permit. An approved Home Occupation Permit does not expire. B.Home-Based Business Permit. Home-Based Business Permits shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions). Page 61 9.55.120 Extension of Time A.Home Occupation Permit. No extensions of time are necessary as an approved Home Occupation Permit does not expire. B.Home-Based Business Permit. Home-Based Business Permits may be extended in accordance with Subsection 9.30.110.C (Permit Extensions) are subject to appeal. 9.55.130 Modifications A.Home Occupation Permit. Any modification to an approved Home Occupation Permit shall be processed as a new application. B.Home-Based Business Permit. An applicant may request a modification to an approved Home-Based Business Permit after the final written decision is issued and the permit becomes effective. Modifications shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). 9.55.140 Transferability Home Occupation Permits and Home-Based Business Permits are not transferrable to another property or business operator without approval of a new application and approval of a new business license. Chapter 9.60 Large Family Day Care Home Permit Contents: 9.60.010 Purpose 9.60.020 Applicability 9.60.030 Application and Required Fees 9.60.040 Approving Authority 9.60.050 Public Hearing and Notice 9.60.060 Standards of Approval 9.60.070 Findings for Approval 9.60.080 Notice of Decision 9.60.090 Effective Date 9.60.100 Appeals 9.60.110 Expiration 9.60.120 Extension of Time 9.60.130 Modifications 9.60.140 Standards of Approval 9.60.010 Purpose Page 62 It is the policy of the City, pursuant to the California Health and Safety Code Chapter 3.6 Family Day Care Homes, to provide for family day care homes in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development. This chapter establishes procedures for the review and approval of large family day care homes to ensure that they are compatible with the surrounding neighborhood character in compliance with state law. 9.60.020 Applicability A Large Family Day Care Home Permit is required prior to the establishment of a large family day care home. 9.60.030 Application and Required Fees A.Application Filing and Processing. Applications for a Large Family Day Care Home Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.60.040 Approving Authority Applications for a Large Family Day Care Home Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny applications for a Large Family Day Care Home Permit. 9.60.050 Public Hearing and Notice No public hearing is required prior to action on an application for a Large Family Day Care Permit. 9.60.060 Standards of Approval In approving a Large Family Day Care Home Permit, the approving authority may impose reasonable and appropriate standards of approval to achieve the purposes of this Title and consistent with Health and Safety Code Section 1597.46, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. 9.60.070 Findings for Approval Prior to approving an application for a Large Family Day Care Permit, the approving authority shall make all the following findings: A.The large family day care home is consistent with the adopted General Plan and any applicable specific plan. B.The large family day care home meets all applicable standards for development and provisions of this Title, including any applicable standards of approval. 9.60.080 Notice of Decision Page 63 Written notice of decision shall be provided within three business days of the date of decision to the applicant and to any interested parties who have requested notices in writing. The notice shall include: A.The application request as acted upon by the Director. B.The action taken by the Director. C.Findings as listed for the request. 9.60.090 Effective Date Large Family Day Care Home Permits shall become effective on the date an approval is issued by the approving authority. 9.60.100 Appeals Large Family Day Care Permits are ministerial and are not subject to appeal. 9.60.110 Expiration A Large Family Day Care Permit shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions). 9.60.120 Extension of Time Large Family Day Care Home Permits may be extended in accordance with Subsection 9.30.110.C (Permit Extensions). 9.60.130 Modifications Any modification to an approved Large Family Day Care Home Permit shall be processed as a new application. 9.60.140 Standards of Approval No application for a large family day care home permit shall be approved unless it complies with the following standards: A.The applicant shall obtain a valid state license to operate a large family day care home on the site within 180 days of the date of issuance of a large family day care home permit. Within fourteen days of issuance of the state license, the applicant shall provide a certified copy of the license to the Community Development Director. The Director shall insure that the applicant has obtained a state license in a timely manner. The applicant's failure to obtain a state license or to provide a certified copy of the license to the Director may result in revocation of the large family day care home permit as provided in Subsection 9.60.140.H of this chapter. B.The site shall be zoned for residential uses. C.The unloading and loading of vehicle occupants shall only be permitted on the driveway, approved parking area, or directly in front of the site and shall not unduly restrict traffic Page 64 flow. Residences located on arterial streets shall provide a drop-off and pickup area designed to prevent vehicles from backing into the roadway. D.The applicant shall comply with all applicable State Fire Marshall regulations. E.The site shall not be located within 300 feet of any other large family day care home, small family day care home, board and care home, group home or half-way house measured property line to property line. F.To ensure the health and safety of children in family homes that provide daycare as specified within Sections 1597.30 and 1597.46 of the Health and Safety Code, if the site has a swimming pool or spa, the pool or spa shall meet all current code regulations for fencing, gate latches, and alarms. G.An on-site identification sign may be permitted in accordance with the provisions of Subsection 9.255.040.K (Development Standards) or may be approved with the large family day care permit if submitted concurrently. Chapter 9.65 Master Sign Program Contents: 9.65.010 Purpose 9.65.020 Applicability 9.65.030 Application and Required Fees 9.65.040 Approving Authority 9.65.050 Public Hearing and Notice 9.65.060 Standards and Conditions of Approval 9.65.070 Findings for Approval 9.65.080 Notice of Decision 9.65.090 Effective Date 9.65.100 Appeals 9.65.110 Expiration 9.65.120 Extension of Time 9.65.130 Modifications 9.65.010 Purpose The purpose of this chapter is to establish review procedures for a master sign program to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement of high quality. 9.65.020 Applicability A.Minor Master Sign Program. A Minor Master Sign Program shall be required for all multi- tenant shopping centers, office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities that are proposing signs consistent with the development standards specified in Chapter 9.220 (Sign Regulations). Page 65 B.Major Master Sign Program. A Major Master Sign Program shall be required for all multi- tenant shopping centers, office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities that are proposing signs that require exceptions to the development standards specified in Chapter 9.220 (Sign Regulations). 9.65.030 Application and Required Fees A.Application Filing and Processing. Applications for a Minor Master Sign Program or a Major Master Sign Program shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.65.040 Approving Authority A.Minor Master Sign Program. Applications for a Minor Master Sign Program shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for a Minor Master Sign Program. B.Major Master Sign Program. Applications for a Major Master Sign Program shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows: 1.Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Major Master Sign Program. 2.Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Major Master Sign Program. 9.65.050 Public Hearing and Notice A.Minor Master Sign Program. No public hearing is required prior to action on an application for a Minor Master Sign Program. B.Major Master Sign Program. The Planning Commission shall hold a public hearing prior to taking action on an application for a Major Master Sign Program. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice). 9.65.060 Standards and Conditions of Approval In approving an application for a Minor Master Sign Program or an application Major Master Sign Program, the approving authority may impose reasonable and appropriate standards to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. 9.65.070 Findings for Approval A.Minor Master Sign Permit. Prior to approving an application for a Minor Master Sign Permit, the approving authority shall make all the following findings: Page 66 1.The proposed master sign program is consistent with the development standards for signs as provided in Chapter 9.265 (Sign Regulations). 2.The design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development. B.Major Master Sign Permit. Prior to approving an application for a Major Master Sign Permit, the approving authority shall make all the following findings: 1.The design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development. 2.The design, location, and scale of proposed signs will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the project. 3.The proposed signs are consistent with the purposes of the General Plan or any applicable specific plan or development agreement. 9.65.080 Notice of Decision A.Minor Master Sign Program. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The notice shall include: 1.The application request as acted upon by the Director. 2.The action taken by the Director. 3.Findings as listed for the permit. B.Major Master Sign Program. Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision). 9.65.090 Effective Date A.Minor Master Sign Program. Minor Master Sign Program shall become effective on the date an approval is issued by the approving authority. B.Major Master Sign Program. Major Master Sign Program shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal. 9.65.100 Appeals A.Minor Master Sign Program. Minor Master Sign Program are ministerial and are not subject to appeal. B.Major Master Sign Program. Major Master Sign Program are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals). 9.65.110 Expiration Minor Master Sign Programs and Major Master Sign Programs shall expire three years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions). Page 67 9.65.120 Extension of Time Minor Master Sign Programs and Major Master Sign Programs may be extended in accordance with Subsection 9.30.110.C (Permit Extensions). 9.65.130 Modifications A.Minor Master Sign Program. Any modification to an approved Minor Master Program shall be processed as a new application. B.Major Master Sign Program. An applicant may request a modification to an approved Major Master Program after the final written decision is issued and the permit becomes effective. Modifications shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). Chapter 9.70 Minor Exception Contents: 9.70.010 Purpose 9.70.020 Applicability 9.70.030 Application and Required Fees 9.70.040 Approving Authority 9.70.050 Public Hearing and Notice 9.70.060 Conditions of Approval 9.70.070 Findings for Approval 9.70.080 Notice of Decision 9.70.090 Effective Date 9.70.100 Appeals 9.70.110 Expiration 9.70.120 Extension of Time 9.70.130 Modifications 9.70.010 Purpose Exceptions to development standards may be necessary to allow creative design solutions and to accommodate unique site conditions. The minor exception process allows minor deviations from certain requirements of this Title to be approved at the administrative level to provide relief from the unintended consequences of the strict application of development standards. 9.70.020 Applicability A Minor Exception may be applied to the following development standards in any zone to the maximum reduction or increase as specified. Minor Exceptions do not apply to land use or density and shall not waive or modify a specific prohibition or procedural requirement. A.Reduce required setbacks to a maximum exception of 10 percent. B.Increase building height to a maximum exception of 10 percent. Page 68 C.Increase lot coverage to a maximum of 10 percent or up to 1,000 square feet, whichever is less. D.Increase fence, wall and screen (height only) to a maximum of 10 percent. E.Reduce off-street parking requirements (excluding stall and aisle dimensions) to a maximum of 10 percent. F.Increase sign height to a maximum of 10 percent or 12 inches, whichever is less. G.Increase sign letter height to a maximum of 10 percent. H.Increase sign area to a maximum of 10 percent. I.Location of an accessory dwelling unit to the front of a primary dwelling unit. J.Minor exceptions as determined by the Director that provide relief of no more than 10 percent from the identified standard and meet the intent and purpose of this Title. 9.70.030 Application and Required Fees A.Application Filing and Processing. Applications for a Minor Exception shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.70.040 Approving Authority Applications for a Minor Exception shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Minor Exception. 9.70.050 Public Hearing and Notice No public hearing is required prior to taking action on an application for a Minor Exception. 9.70.060 Conditions of Approval In approving an application for a Minor Exception, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. 9.70.070 Findings for Approval Prior to approving an application for a Minor Exception, the approving authority shall make all the following findings: A.The proposed development is compatible with existing and proposed land uses in the surrounding area. B.Any exceptions to or deviations from the requirements or development standards result in the creation of appropriate and necessary project design solutions that would not be available through adherence to otherwise required provision of this Title provisions. Page 69 C.Granting the minor exception will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the project. D.The proposed development is consistent with the purposes of the General Plan or any applicable specific plan or development agreement. 9.70.080 Notice of Decision Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include: A.The application request as acted upon by the Director. B.The action taken by the Director. C.Findings as listed for the permit. D.The deadlines, criteria and fees for filing an appeal. 9.70.090 Effective Date Minor Exceptions shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal. 9.70.100 Appeals Actions taken on an application for a Minor Exception are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals). 9.70.110 Expiration Minor Exceptions shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions). 9.70.120 Extension of Time The expiration date of a Minor Exception may be extended in accordance with Subsection 9.30.110.C (Permit Extensions). 9.70.130 Modifications Any modifications affecting an approved Minor Exception shall be handled as a new application. Chapter 9.75 Planned Development Contents: 9.75.010 Purpose 9.75.020 Applicability 9.75.030 Application and Required Fees 9.75.040 Approving Authority Page 70 9.75.050 Public Hearing and Notice 9.75.060 Conditions of Approval 9.75.070 Findings for Approval 9.75.080 Notice of Decision 9.75.090 Effective Date 9.75.100 Appeals 9.75.110 Expiration 9.75.120 Extension of Time 9.75.130 Amendments 9.75.140 Implementation 9.75.010 Purpose The purpose of a planned development is to provide a flexible vehicle for realizing the goals and policies of the adopted General Plan and securing amenities and broad community value greater than would otherwise be achieved through application of the primary zone regulations. Development within a planned development shall be demonstratively superior to the development that could occur under any other zone or combination of zones authorized by this Title that are consistent with the General Plan land use category applicable to the subject property. This chapter describes the process for adopting planned developments and approving subsequent development under a planned development. 9.75.020 Applicability A.Planned Developments may be established for any property where flexibility in the applicable standards of development of this Title is necessary to take advantage of modern site planning techniques to result in a product of unique results and/or exceptional design that is in harmony with existing or potential development in the surrounding area. Establishment of a Planned Development (PD) Overlay zone is required prior to or concurrent with the establishment of a Planned Development. B.Planned Developments shall only be considered for parcel(s) measuring a minimum of 2.5 gross acres. 9.75.030 Application and Required Fees A.Application Filing and Processing. Applications for a Planned Development shall be filed and processed in accordance with Chapter 9.30 (Common Application and Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). C.Overlay Zone Required. Initial approval of a Planned Development requires establishment of a Planned Development (PD) Overlay Zone prior to or concurrent with approval of the Planned Development. Establishment of a Planned Development Overlay Zone shall be processed in accordance with Chapter 9.115 (Zone Change/Zoning Code Amendment). D.Additional Applications May Be Required. A separate application for a Plot Plan or a Tentative Tract Map or other application, as appropriate, may be required for concurrent Page 71 review and approval at the discretion of the Community Development Director. When multiple applications are required for the same project, the applications shall be processed in accordance with Subsection 9.30.090.C (Multiple Entitlements). 9.75.040 Approving Authority Applications for a Planned Development shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows: A.Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Planned Development. B.Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Planned Development. 9.75.050 Public Hearing and Notice The Planning Commission shall hold a public hearing prior to taking action on an application for a Planned Development. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice). 9.75.060 Conditions of Approval A.In approving an application for a Planned Development, the approving authority may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. The approving body may impose such conditions as may be necessary to achieve these purposes, including but not limited to the following matters: 1.Allowable uses and restrictions on specific uses or operations. 2.Setbacks, yard areas and open spaces. 3.Fences, walls and screening. 4.Building materials, building scale, and architectural treatments. 5.Parking, parking areas, and vehicular ingress and egress. 6.Pedestrian and other non-vehicular circulation and access. 7.Common and private open space, landscape, and maintenance of landscape and grounds. B.Compliance with any site plans, architectural drawings, landscape plans and related materials submitted in support of the application with such modifications thereof shall be required as a condition of approval. C.Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the City, shall be required. The City may also require that proposed homeowner’s association documents be submitted for review and approval of the City Attorney prior to submittal to the California Bureau of Real Estate. 9.75.070 Findings for Approval Page 72 Prior to approving a Planned Development, the approving authority shall make all the following findings, which shall be made by resolution: A.The planned development is consistent with the adopted General Plan and any applicable specific plan. B.The planned development is in substantial compliance with the purpose and intent of this Title. C.The proposed site is adequate in size and shape to accommodate the planned development in a manner that is compatible with existing and planned uses in the vicinity. D.The proposed development will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the planned land use character of the surrounding area. The standards of development applicable to the planned development are clearly designated. E.The uses allowed within the planned development are clearly designated. F.The planned development will be well integrated into its setting. G.The planned development will make an overall contribution to the enhancement of the surrounding environment. 9.75.080 Notice of Decision Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision). 9.75.090 Effective Date Planned Developments shall become effective immediately following the date of adoption or upon the effective date of the associated PD Overlay, whichever is later. 9.75.100 Appeals Actions taken on applications for a Planned Development are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals). 9.75.110 Expiration Approved Planned Developments do not expire. 9.75.120 Extension of Time Planned Developments may be extended in accordance with Subsection 9.30.110.C (Permit Extensions). 9.75.130 Amendments An applicant may request an amendment to an approved Planned Development after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 9.30.120 (Amendments to Previously Approved Permits). 9.75.140 Implementation Page 73 A.Final Site Development Plan and Plot Plan. Following approval of a Planned Development and prior to exercising the Planned Development, a final site development plan for single- family residential tract homes, or a plot plan for all other developments, shall be submitted for administrative review to verify conformance with the Planned Development. The final site development plan or plot plan shall include the following: 1.All buildings to scale. 2.Off-street parking facilities. 3.Landscaping. 4.Finished grades. 5.Other details to demonstrate conformance with all the features, conditions and characteristics upon which the Planned Development was approved. B.Compliance. No permit shall be issued for any building or use except in full compliance with the Planned Development and final site development plan. Compliance shall be determined through the substantial conformance determination process, unless additional entitlements are required. The Director may require additional information to be submitted to demonstrate compliance. Chapter 9.80 Plot Plan Contents: 9.80.010 Purpose 9.80.020 Applicability 9.80.030 Application and Required Fees 9.80.040 Approving Authority 9.80.050 Public Hearing and Notice 9.80.060 Standards and Conditions of Approval 9.80.070 Findings for Approval 9.80.080 Notice of Decision 9.80.090 Effective Date 9.80.100 Appeals 9.80.110 Expiration 9.80.120 Extension of Time 9.80.130 Modifications 9.80.010 Purpose Page 74 The purpose of this chapter is to define the procedures for review and approval of permitted uses and the associated site development. Permitted uses are typically considered acceptable uses and may be reviewed in a timely and efficient manner when no impacts are anticipated to result. This chapter establishes a ministerial review process at the administrative level to facilitate permitted uses considered minor in nature while allowing the City to ensure conformance with all applicable local standards, ordinances, and other applicable plans and policies. This chapter also establishes a discretionary review process for review and approval of permitted uses and the associated site development when projects exceed certain size thresholds as larger projects may require special consideration, which may necessitate discretionary conditions of approval to ensure that uses are designed, located and operated in a manner that is compatible with uses on adjacent and nearby properties. 9.80.020 Applicability A.Minor Plot Plan Required. A Minor Plot Plan is required prior to establishment of any permitted use as indicated with a “P” on the allowed use tables contained in Chapter 9.125 (Agricultural and Rural Zones) through Chapter 9.150 (Public/Quasi-Public Facilities) and meeting the following criteria, except as specifically exempted by Section 9.80.020C below: 1.New construction of non-residential projects of up to 2,500 square feet of floor area where public improvements meeting City standards are in place and adequate infrastructure and utilities are provided. 2.New construction of a residential project of up to six units where public improvements meeting City standards are in place and adequate infrastructure and utilities are provided. 3.New construction of parking lots of 25 or fewer parking spaces. 4.Final site development plan for architectural and plotting review for single family residential track developments. 5.Other projects similar to the above-listed criteria, as determined by the Director. B.Major Plot Plan Required. A Major Plot Plan is required prior to establishment of any permitted use as indicated with a “P” on the allowed use tables contained in Chapter 9.125 (Agricultural and Rural Zones) through Chapter 9.150 (Public/Quasi-Public Facilities) and meeting the following criteria, except as specifically exempted by Section 9.80.020.C below: 1.Projects that do not meet the applicability criteria for Minor Plot Plans specified in Subsection 9.80.020.A or are more appropriately reviewed and evaluated as a Major Plot Plan, as determined by the Director. 2.New construction of non-residential projects of more than 2,500 square feet of floor area. 3.New construction of a residential project of more than six units. 4.New construction of parking lots of more than 25 parking spaces. 5.Other projects similar to the above-listed criteria, as determined by the Director. C.Exemptions. Single-family homes are not subject to review and approval of a Plot Plan. 9.80.030 Application and Required Fees Page 75 A.Application Filing and Processing. Applications for a Minor Plot Plan or Major Plot Plan shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). C.Additional Applications May Be Required. When a conditional use is proposed in association with the physical development of a property as permitted by this chapter, a separate application for a Minor Conditional Use Permit or Major Conditional Use Permit, as appropriate, shall be filed for review and approval. When multiple applications are required for the same project, the applications shall be processed in accordance with Subsection 9.30.090.C (Multiple Entitlements). 9.80.040 Approving Authority A.Minor Plot Plan. Applications for a Minor Plot Plan shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for a Minor Plot Plan. B.Major Plot Plan. Applications for a Major Plot Plan shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows: 1.Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Major Plot Plan. 2.Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Major Plot Plan. 9.80.050 Public Hearing and Notice A.Minor Plot Plan. No public hearing is required prior to action on an application for a Minor Plot Plan. B.Major Plot Plan. The Planning Commission shall hold a public hearing prior to taking action on an application for a Major Plot Plan. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice). 9.80.060 Standards and Conditions of Approval In approving an application for a Minor Plot Plan or an application for a Major Plot Plan, the approving authority may impose reasonable and appropriate standards of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. 9.80.070 Findings for Approval A.Minor Plot Plan. Prior to approving an application for a Minor Plot Plan, the approving authority shall make all the following findings: 1.The proposed project is consistent with the adopted General Plan and any applicable specific plan. Page 76 2.The proposed project meets all applicable standards for development and provisions of this Title. B.Major Plot Plan. Prior to approving an application for a Major Plot Plan, the approving authority shall make all the following findings: 1.The proposed project is consistent with the adopted General Plan and any applicable specific plan. 2.The proposed project meets all applicable standards for development and provisions of this Title. 3.The establishment, maintenance, or operation of the proposed project will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City. 9.80.080 Notice of Decision A.Minor Plot Plan. Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The notice shall include: 1.The application request as acted upon by the Director. 2.The action taken by the Director. 3.Findings as listed for the permit. B.Major Plot Plan. Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision). 9.80.090 Effective Date A.Minor Plot Plan. Minor Plot Plans shall become effective on the date an approval is issued by the approving authority. B.Major Plot Plan. Major Plot Plans shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal. 9.80.100 Appeals A.Minor Plot Plan. Minor Plot Plans are ministerial and are not subject to appeal. B.Major Plot Plan. Major Plot Plans are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals). 9.80.110 Expiration Minor Plot Plans and Major Plot Plans shall expire three years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions). 9.80.120 Extension of Time Minor Plot Plans and Major Plot Plans may be extended in accordance with Subsection 9.30.110.C (Permit Extensions. Page 77 9.80.130 Modifications A.Minor Plot Plan. Any modification to an approved Minor Plot Plan shall be processed as a new application. B.Major Plot Plan. An applicant may request a modification to an approved Major Plot Plan after the final written decision is issued and the permit becomes effective. Modifications shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). Chapter 9.85 Reasonable Accommodation Contents: 9.85.010 Purpose 9.85.020 Applicability 9.85.030 Application and Required Fees 9.85.040 Approving Authority 9.85.050 Public Hearing and Notice 9.85.060 Conditions of Approval 9.85.070 Findings for Approval 9.85.080 Notice of Decision 9.85.090 Effective Date 9.85.100 Appeals 9.85.110 Expiration 9.85.120 Extension of Time 9.85.130 Modifications 9.85.140 Consideration Factors 9.85.010 Purpose It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, and policies, practices and procedures of the City to comply fully with the intent and purpose of fair housing laws. 9.85.020 Applicability A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing or commercial services to individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities. 9.85.030 Application and Required Fees Page 78 A.Application Filing and Processing. Applications for a Reasonable Accommodation shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.85.040 Approving Authority Applications for a Reasonable Accommodation shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, alter, or deny applications for a Reasonable Accommodation. The designated authority shall make a determination on the application for Reasonable Accommodation within 30 days from receipt of the application. Should additional information, consistent with fair housing laws, be requested from the applicant, the 30-day time period for making a determination on the application shall be suspended until the additional information is provided. If the approving authority fails to make a determination within the effective 30 days, the application shall be deemed approved. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. 9.85.050 Public Hearing and Notice No public hearing is required prior to taking action on an application for a Reasonable Accommodation. 9.85.060 Conditions of Approval In approving an application for a Reasonable Accommodation, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. The approving authority may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. 9.85.070 Findings for Approval Prior to approving an application for Reasonable Accommodation, the approving authority shall make all the following findings: A.The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws. B.The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws. C.The requested accommodation would not impose an undue financial or administrative burden on the City, as “undue financial or administrative burden” is defined in fair housing laws. D.The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law. Page 79 E.The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. 9.85.080 Notice of Decision Written notice of decision shall be provided within three business days of the date of decision to the applicant by certified mail and to interested parties who have requested notices in writing. The notice shall include: A.The application request as acted upon by the Director. B.The action taken by the Director. C.Findings as listed for the permit. D.The deadlines, criteria and fees for filing an appeal. 9.85.090 Effective Date Reasonable Accommodations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal. 9.85.100 Appeals Actions taken on an application for a Reasonable Accommodation are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals), except that the period for filing an appeal of an action taken on an application for a Reasonable Accommodation shall be 30 days from the date of decision. 9.85.110 Expiration Reasonable Accommodations shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions). 9.85.120 Extension of Time The expiration date of a Reasonable Accommodation may be extended in accordance with Subsection 9.30.110.C (Permit Extensions). 9.85.130 Modifications Modifications to an approved Reasonable Accommodation shall be processed as a new application. 9.85.140 Consideration Factors A.Necessity of Accommodation. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling: Page 80 1.Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability; 2.Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation; 3.In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; and 4.In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. B.Fundamental Alteration to Zoning Program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning program: 1.Whether the requested accommodation would fundamentally alter the character of the neighborhood; 2.Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking; 3.Whether the requested accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan; and 4.In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. Chapter 9.90 Sign Permit Contents: 9.90.010 Purpose 9.90.020 Applicability 9.90.030 Application and Required Fees 9.90.040 Approving Authority 9.90.050 Public Hearing and Notice 9.90.060 Standards of Approval 9.90.070 Findings for Approval 9.90.080 Notice of Decision 9.90.090 Effective Date 9.90.100 Appeals 9.90.110 Expiration 9.90.120 Extension of Time 9.90.130 Modifications 9.90.010 Purpose The purpose of this chapter is to establish a review process for signs to ensure consistency with the requirements of this Title. Page 81 9.90.020 Applicability A Sign Permit shall be required prior to the placing, erecting, moving, or reconstructing of any sign in the City, unless expressly exempted by this Title. 9.90.030 Application and Required Fees A.Application Filing and Processing. Applications for a Sign Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.90.040 Approving Authority Applications for a Sign Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for a Sign Permit. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. 9.90.050 Public Hearing and Notice No public hearing is required prior to taking action on an application for a Sign Permit. 9.90.060 Standards of Approval In approving an application for a Sign Permit, the approving authority may impose reasonable and appropriate standards in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. 9.90.070 Findings for Approval Prior to approving a Sign Permit, the approving authority shall make all the following findings: A.The sign is consistent with the adopted General Plan and any applicable specific plan. B.The sign meets all applicable standards for development and provisions of this Title. 9.90.080 Notice of Decision Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include: A.The application request as acted upon by the Director. B.The action taken by the Director. 9.90.090 Effective Date Sign Permits shall become effective on the date an approval is issued by the approving authority. Page 82 9.90.100 Appeals Sign Permits are ministerial and are not subject to appeal. 9.90.110 Expiration Sign Permits shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions). 9.90.120 Extension of Time The expiration date of a Sign Permit may be extended in accordance with Section 9.30.110.C (Permit Time Limits, Expiration, and Extensions). 9.90.130 Modifications Any modifications affecting an approved Sign Permit shall be handled as a new application. Chapter 9.95 Similar Use Determination Contents: 9.95.010 Purpose 9.95.020 Applicability 9.95.030 Application and Required Fees 9.95.040 Approving Authority 9.95.050 Public Hearing and Notice 9.95.060 Standards of Approval 9.95.070 Findings for Approval 9.95.080 Notice of Decision 9.95.090 Effective Date 9.95.100 Appeals 9.95.110 Expiration 9.95.120 Extension of Time 9.95.130 Modifications 9.95.140 Record of Determinations 9.95.010 Purpose The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Similar Use Determination establishes a process for the review and possible addition of new uses to the allowed use tables. 9.95.020 Applicability Page 83 A Similar Use Determination is required when a use is not specifically listed in this Title but may be allowed if it is determined to be similar in nature to a use that is permitted by right or conditionally permitted. 9.95.030 Application and Required Fees A.Application Filing and Processing. Applications for a Similar Use Determination shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.95.040 Approving Authority Applications for a Similar Use Determination shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for a Similar Use Determination. 9.95.050 Public Hearing and Notice No public hearing is required prior to taking action on an application for a Similar Use Determination. 9.95.060 Standards of Approval In approving an application for a Similar Use Determination, the approving authority may make modifications to the request in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. 9.95.070 Findings for Approval Prior to approving a Similar Use Determination, the approving authority shall make all the following findings: A.The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher intensity of activity, environmental impact, or population density than other uses permitted in the zone. B.The proposed use is consistent with the purposes of the applicable zone. C.The proposed use is consistent with the goals and policies of the adopted General Plan and any applicable specific plan. 9.95.080 Notice of Decision Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include: A.The application request as acted upon by the approving authority. Page 84 B.The action taken by the approving authority. C.Findings as listed for the approval. D.The deadlines, criteria and fees for filing an appeal. 9.95.090 Effective Date Similar Use Determinations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal. 9.95.100 Appeals Actions taken on an application for a Similar Use Determination are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals). 9.95.110 Expiration Approved Similar Use Determinations do not expire. 9.95.120 Extension of Time No extensions of time are necessary as an approved Similar Use Determination does not expire. 9.95.130 Modifications Any modifications affecting an approved Similar Use Determination shall be handled as a new application. 9.95.140 Record of Determinations The Community Development Department shall maintain all such determinations on record for review by the public upon request. Chapter 9.100 Specific Plan Contents: 9.100.010 Purpose 9.100.020 Applicability 9.100.030 Application and Required Fees 9.100.040 Approving Authority 9.100.050 Public Hearing and Notice 9.100.060 Alterations 9.100.070 Findings for Approval 9.100.080 Notice of Decision 9.100.090 Effective Date 9.100.100 Appeals 9.100.110 Expiration 9.100.120 Extension of Time Page 85 9.100.130 Modifications 9.100.140 Specific Plan Content 9.100.150 Adoption 9.100.160 Relationship to this Title 9.100.010 Purpose The purpose of this chapter is to establish procedures for adoption, maintenance and administration of specific plans in accordance with the provisions of Sections 65450 through 65457 of the California Government Code, and as may be required for the implementation of the General Plan. The purpose of a specific plan is to establish policies and development standards that address area-specific issues. The specific plan serves as a regulatory document, consistent with the General Plan. 9.100.020 Applicability The following shall serve as a guide for the appropriate use of specific plans: A.Where unique results or treatments are desired or in areas having sensitive environmental qualities. B.Where there is a complicated mixture of conditions such as new development, deteriorated structures, underutilized land and mixed uses. C.Where there is a need to incorporate considerable detail in a proposed development project which would justify its approval. D.Where it is more cost-effective to include, with the proposed project, a Master Environmental Impact Report so that subsequent projects within the specific plan area would require no further environmental documentation or require only focused environmental reports. 9.100.030 Application and Required Fees A.Application Filing and Processing. Applications for a Specific Plan shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). C.General Plan Land Use Map Amendment Required. Initial approval of a Specific Plan requires amendment to the General Plan Land Use Map concurrent with the approval of the Specific Plan. D.Zone Change Required. Initial approval of a Specific Plan requires establishment of the Specific Plan (SP) Zone concurrent with approval of the Specific Plan. 9.100.040 Approving Authority Applications for a Specific Plan shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows: Page 86 A.Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Specific Plan. B.Approving Authority. The designated approving authority is authorized to approve, conditionally approve, alter, or deny an application for a Specific Plan. 9.100.050 Public Hearing and Notice The Planning Commission shall hold a public hearing to make a recommendation on an application for a Specific Plan. The Planning Commission’s recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a Specific Plan. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice). 9.100.060 Alterations In approving an application for a Specific Plan, the City Council may make alterations to the proposal to ensure that the specific plan will comply with the required findings. Any substantial alteration made to the proposed Specific Plan Amendment that was not previously considered by the Planning Commission must be referred back to the Planning Commission for its recommendation in accordance with Section 9.30.090.F (Approving Authority). 9.100.070 Findings for Approval Prior to approving an application for a Specific Plan, the approving authority shall make all of the following findings, which shall be made by ordinance: A.The specific plan is consistent with the intent of the goals and policies of the General Plan and is not inconsistent with any element thereof. B.The specific plan prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses. C.The specific plan provides reasonable property development rights while protecting environmentally sensitive land uses and species. D.The specific plan provides for the protection of the health, safety, and/or general welfare of the community. 9.100.080 Notice of Decision Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision). 9.100.090 Effective Date Specific Plans shall become effective on the 31st day following the date of approval. 9.100.100 Appeals Actions taken by the City Council on an application for a Specific Plan are final and are not subject to appeal. Page 87 9.100.110 Expiration Approved Specific Plans do not expire. 9.100.120 Extension of Time No extensions of time are necessary as an approved Specific Plan does not expire. 9.100.130 Modifications An applicant may request an modification to an approved Specific Plan after the final written decision is issued and the permit becomes effective. Modifications shall be processed in accordance with the provisions outlined in the specific plan. Where no such provisions are provided, modifications shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). 9.100.140 Specific Plan Content A specific plan may include written text, maps, diagrams, and descriptions of allowable uses. At a minimum, specific plans shall include: A.A statement of the relationship of the specific plan to the General Plan. B.A map indicating the distribution, location, and extent of land uses, including open space, within the area covered by the plan. C.All permitted uses and land use densities. D.Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable. E.A map and/or text specifying the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, energy and other essential facilities in the specific plan area. F.Public works projects, programs and implementation measures necessary to carry out the specific plan’s stated purpose. G.A program of implementation measures including regulations, programs, public works projects and financing measures necessary to carry out the above noted provisions of the specific plan. H.Criteria for when a modification or amendment to a specific plan is required and a process for review and approval of said modification or amendment. 9.100.150 Adoption A.Upon approval of the Specific Plan by the City Council, the General Plan Land Use Map shall be amended to identify the area covered by the plan. B.The approved Specific Plan shall be filed in the office of the City Clerk and in the Community Development Department. 9.100.160 Relationship to this Title Development standards, procedural regulations and other provisions of this Title shall apply within a specific plan except where they conflict with provisions of the specific plan. Page 88 Chapter 9.105 Temporary Use Permit Contents: 9.105.010 Purpose 9.105.020 Applicability 9.105.030 Application and Required Fees 9.105.040 Approving Authority 9.105.050 Public Hearing and Notice 9.105.060 Conditions of Approval 9.105.070 Findings for Approval 9.105.080 Notice of Decision 9.105.090 Effective Date 9.105.100 Appeals 9.105.110 Expiration 9.105.120 Extension of Time 9.105.130 Modifications 9.105.140 Transferability 9.105.150 Standards of Approval – General 9.105.160 Standards of Approval – Standards by Activity/Use 9.105.010 Purpose Temporary use permits provide a process for review of short-term activities that may not meet the normal development or use standards of the applicable zone but may be acceptable because of their temporary nature. The intent of these regulations is to establish a process for the review of temporary uses and to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community. 9.105.020 Applicability A.Temporary Use Permit Required. A Temporary Use Permit is required prior to establishment of any temporary use as identified in Chapter 9.105 (Temporary Uses) or as otherwise required by this Title. B.Level of Temporary Use Permit Required. The following applicability thresholds shall be used to determine if the proposed project shall require a Minor Temporary Use Permit or a Major Temporary Use Permit. 1.Minor Temporary Use Permit. A Minor Temporary Use Permit shall be required for temporary uses meeting all the following criteria: a.The temporary use does not impact surrounding properties, as determined by the Director. Examples include, but are not limited to the following: i.Weekend promotional events consisting of outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales; Page 89 ii.Flower sales (non-mobile), vendor stands (non-mobile), seasonal sales of agricultural products for limited periods of time, which, at no time, may be conducted in the public right-of-way; iii.Special lighting exhibits including spotlights, and specifically including holiday lighting displays; iv.Veterinary vaccination clinics on developed sites that are not in conjunction with a veterinary facility (i.e., pet store, groomer); v.Garage or yard sales conducted at the same residential location more than four times per year; vi.Car shows; vii.Private events including weddings, picnics or block parties to which 100 people are invited and/or which would not require public road closures or significantly impact traffic on adjacent public roadways; viii.Live entertainment at a restaurant or bar no more than four times per year. b.The temporary use is exempt from CEQA. 2.Major Temporary Use Permit. A Major Temporary Use Permit shall be required for temporary uses meeting any of the following criteria: a.The temporary use does impact surrounding properties, as determined by the Director. Examples include, but are not limited to the following: i.Temporary construction offices in all zones, except the open space and conservation zone; ii.Outdoor temporary swap meets or auctions; iii.Christmas tree sales lots and associated jolly jumps, food sales and on-site banners and other signage; iv.Pumpkin sales lots and associated jolly jumps, food sales and site banners and other signage; v.Farmer’s markets held on one day per week in the same location for a total period of time not exceeding one year vi.Private events including weddings, picnics or block parties to which more than 100 people are invited and/or which would require public road closures or significantly impact traffic on adjacent public roadways; vii.Special outdoor events, when not held within premises designed to accomodate the events, including carnivals, circuses, fairs, parades, rodeos, and large athletic, religious, or entertainment events. b.The temporary use is not exempt from CEQA. C.Exempt Uses. The following uses are exempt from the requirements of this chapter: 1.Going out of business sales with no additional merchandise and normal promotional activities conducted within the approved display area for the business. 2.Commercial filming regulated by other provisions of this Municipal Code. 3.City, state, federal, school district, community college district or other public agencies’ event when conducted wholly on that agency’s public property or with the consent of Page 90 another public property owner and which will not require public road closures or significantly impact traffic on adjacent public streets. 4.Homeowners’ association events conducted wholly in common areas within the boundaries of the association and which do not impact public streets or other public facilities. 5.Small scale events (art shows, holiday events), sponsored and sanctioned by the Master Property Association or Property Manager for Regional Shopping Centers which are 20 acres or larger located within the CR - Commercial Retail or EDC - Economic Development Corridor zones, shall be exempt from the TUP process provided the entire event occurs on managed or owned properties and are not anticipated to impact parking, circulation/access, surrounding properties or generate significant traffic. 6.Temporary emergency facilities to accommodate emergency public health and safety needs and activities. 7.Yards and sheds for the storage of materials and equipment used as part of a construction project, provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity. 8.Mobile food truck operations at construction sites that are actively under construction pursuant to a valid building permit or grading permit where the mobile food truck does not vend to the general public during the stop. D.Other Temporary Uses. For temporary uses that are not identified in this Title, the Community Development Director, at his or her discretion, may determine whether the use should be classified as a minor temporary use or a major temporary use. This determination shall be based upon the similarities and differences with temporary uses and related standards of this Chapter and consideration of the proposed temporary use’s compatibility with the applicable zone and surrounding land uses. Those temporary uses which do not fit within the criteria for minor temporary or major temporary uses shall be addressed through a Plot Plan, Conditional Use Permit or other type of permit or approval identified in this Title, as determined by the Director. A temporary use which will exceed the length of one calendar year (even when sporadic) requires other types of land use approvals as determined by the Community Development Director. 9.105.030 Application and Required Fees A.Application Filing and Processing. Applications for a Minor Temporary Use Permit or a Major Temporary Use Permit shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). C.Timing of Application. An application for a Minor Temporary Use Permit or a Major Temporary Use Permit should be submitted at least 60 days in advance of the first date of the proposed use. The applicant is responsible for submitting an application in a manner which allows sufficient time for processing, including noticing (if necessary) and appeal time. 9.105.040 Approving Authority Page 91 Applications for a Minor Temporary Use Permit or a Major Temporary Use Permit shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, conditionally approve, or deny applications for a Minor Temporary Use Permit or a Major Temporary Use Permit. 9.105.050 Public Hearing and Notice No public hearing is required prior to action on an application for a Minor Temporary Use Permit or a Major Temporary Use Permit. 9.105.060 Conditions of Approval In approving an application for a Minor Temporary Use Permit or an application for a Major Temporary Use Permit, the approving authority may impose conditions of approval to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to: A.Requirements for special setbacks, buffers, or temporary fences, walls and/or screening. B.Regulation of vehicular ingress, egress, and traffic circulation. C.Regulation of hours of operation or other characteristics of operation. D.Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, din, odors, vapors and heat. E.Regulation of temporary structures and facilities. F.Provision for restroom and related sanitary facilities as well as medical facilities and emergency medical services. G.Provision for solid, hazardous and toxic waste collection and disposal. H.Requirements for security. I.Requirements for special parking or traffic control measures. J.Other conditions as may be deemed necessary to make the findings required by this chapter. 9.105.070 Findings for Approval Prior to approving an application for a Minor Temporary Use Permit or an application for a Major Temporary Use Permit, the approving authority shall make all the following findings: A.The proposed temporary use is compatible with the zone, nature, character and use of the surrounding area. B.The temporary use will not adversely affect the adjacent uses or structures. C.The temporary use is consistent with the applicable development and operational standards and other provisions of this Title. D.The nature of the temporary use is not detrimental to the public health, safety or welfare of the community. 9.105.080 Notice of Decision Page 92 Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties having requested such notices in writing. The notice shall include: A.The application request as acted upon by the Director. B.The action taken by the Director. C.Findings as listed for the permit. D.The deadlines, criteria and fees for filing an appeal. 9.105.090 Effective Date Minor Temporary Use Permits and Major Temporary Use Permits shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal. 9.105.100 Appeals Minor Temporary Use Permits and Major Temporary Use Permits are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals). 9.105.110 Expiration Approved Minor Temporary Use Permits and approved Major Temporary Use Permits do not expire. 9.105.120 Extension of Time No extensions of time are permitted for an approved Minor Temporary Use Permit or an approved Major Temporary Use Permit. 9.105.130 Modifications Modifications to an approved Minor Temporary Use Permit or an approved Major Temporary Use Permit shall be processed as a new application. 9.105.140 Transferability Minor Temporary Use Permits and Major Temporary Use Permits are not transferrable to another property or business operator without approval of a new application and approval of a new business license. 9.105.150 Standards of Approval – General The following standards shall apply to all temporary activities and uses, where applicable: A.The applicable permit(s) shall be posted on the premises where the event is conducted, and/or a copy of the permit must be in the possession of the person responsible for the event at all times while it is occurring. B.Any temporary facilities or structures used will be removed from the site within a reasonable time following the event and the property will be restored to no worse than its former Page 93 condition. Submission of a performance bond or other surety devices may be required at this discretion of the City. C.The permittee will reimburse the City for the actual cost of repair or replacement (including labor and overhead) if city property is damaged or destroyed as a result of the temporary use. The City may require a deposit therefor if the damage reasonably may be anticipated, as determined by the City. D.Deposit for traffic control and/or clean up fees are required unless already provided with an encroachment permit. E.The permittee and/or property owner shall provide enter into an indemnification and hold harmless agreement for use of City property. 9.105.160 Standards of Approval – Standards by Activity/Use The following standards shall apply to the specified temporary activity or use: A.Weekend promotional events consisting of outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales, that exceed existing land use restrictions shall comply with the following provisions: 1.Merchandise displayed or sold must be customarily sold on the premises by a permanently established business. 2.The maximum number of consecutive days for any one event shall not exceed nine calendar days. 3.Setup and takedown of canopies, lighting, fencing, merchandise and/or items for the event shall not be counted toward the allowable event days per event, except that setup shall not exceed 36 hours and takedown shall not exceed 36 hours unless otherwise authorized by the Community Development Director. B.Outdoor temporary swap meets or auctions shall be limited to no more often than twice per calendar year on the same property and shall not exceed three consecutive days per event. C.Christmas tree sales shall only be held from November 1 through December 31. D.Pumpkin sales sales shall only be held from September 15 through November 2. E.Vendor stands (non-mobile) shall be limited to the seasonal sale of agricultural products, and shall not be located in the public right-of-way, and signage shall not exceed the standards of the zone in which the stand is located. F.Farmers markets shall be limited to one day per week in the same location for a total period of time not exceeding one calendar year. G.Mobile food trucks shall comply with the following provisions: 1.General Standards. a.Maintain a valid business tax certificate from the City of Menifee to operate within the City. b.Maintain a valid County Health permit and operate in conformance with all applicable health standards. c.Post, in public view and without obstruction, on both the front right windshield and the back left bumper of the mobile food truck, the following items: Page 94 v.The County of Riverside Department of Environmental Health permit certification stickers. vi.A notice with at least 3-inch font providing “To report a violation, call the City of Menifee Code Enforcement at 951-246-6214." d.Sell only food and beverage items regulated under the California Retail Food Code (California Health and Safety Code Division 104, Part 7, Section 113700 et. seq., as it currently exists or as may be amended). e.No verbal solicitation of business from pedestrians or persons in vehicles, and no sale to persons in vehicles. f.No amplified sound or loudspeakers are allowed. The vendor and operation shall comply with the noise limits in Section 9.210.060 (Noise Control Regulations). g.No lighting, except localized lighting that is used on or in the mobile food trucks for the purpose of inside food preparation and menu illumination are allowed. h.No signs other than those exhibited on or in the mobile food truck are allowed. i.No selling or serving alcohol. j.Provide one trash receptacle and one recycling receptacle for use by patrons in a convenient location that does not impede pedestrian or vehicular traffic. k.Collect and remove all litter or debris generated within a minimum 25-foot radius of the food truck. l.Contain all associated equipment and operations within the mobile food truck, except for the trash and recycling receptacles required herein. m.No furniture, umbrellas, generators, objects or structures outside of the vehicle are allowed. n.No obstruction or interference with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any business, public building, or dwelling unit is allowed. o.No restriction of visibility area sight distance at any driveway or intersection. p.Mobile food trucks shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of the business, except for required trash and recycling receptacles or any attached sign or awning. The operator shall provide an 8-foot vertical clearance for pedestrian access under any sign or awning. q.Mobile food truck operators shall control smoke and odors caused by food preparation to avoid a public nuisance. 2.Mobile food trucks prohibited in the Public Right-of-Way. Mobile food truck operators are prohibited from operating in the public right-of-way, except as allowed with a temporary use permit pursuant to this chapter. 3.Mobile Food Trucks on Private Property. Property owners and food truck operators shall comply with all of the following: a.Ensure that a mobile food truck operator operates only at the location designated on any permit, where applicable. b.Ensure that a mobile food truck operator displays a copy of the approved mobile food truck permit in a prominent and visible place within each mobile food truck, Page 95 together with a letter of permission from the property owner consenting to mobile food truck operations on the site in accordance with any approved development permit, where applicable. c.Mobile food trucks shall operate as follows: i.Within a paved, level parking area, unless otherwise approved surface by the City Engineer, where it can be demonstrated that any off-street parking spaces located in that area are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of a business or activity that is operating at the same time as the mobile food truck. ii.Operations shall not impede pedestrian or vehicular ingress or egress through the remainder of the parking area or adjacent public right-of-way. Chapter 9.110 Variance Contents: 9.110.010 Purpose 9.110.020 Applicability 9.110.030 Application and Required Fees 9.110.040 Approving Authority 9.110.050 Public Hearing and Notice 9.110.060 Conditions of Approval 9.110.070 Findings for Approval 9.110.080 Notice of Decision 9.110.090 Effective Date 9.110.100 Appeals 9.110.110 Expiration 9.110.120 Extension of Time 9.110.130 Modifications 9.110.010 Purpose The purpose of this chapter is to establish a variance procedure to waive or modify the zoning standards under certain special circumstances if specific findings can be made. It is recognized that under certain circumstances, the strict or literal interpretation and enforcement of the provisions of the zone regulations may deprive a property of development potential enjoyed by other properties in the vicinity under the identical zone. 9.110.020 Applicability An application for a Variance is required for any request to modify the requirements of this Title greater than those adjustments allowed through other permit or approval procedures. Variances do not apply to land use or density and shall not waive or modify a specific procedural requirement. In no case shall cost to the applicant be the primary reason for granting a variance. The provisions of this chapter shall not apply to public safety regulations based on authority mandated by state law or other ordinances. Page 96 9.110.030 Application and Required Fees A.Application Filing and Processing. Applications for a Variance shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.110.040 Approving Authority Applications for a Variance shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows: A.Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Variance. B.Approving Authority. The designated approving authority is authorized to approve, conditionally approve, or deny an application for a Variance. 9.110.050 Public Hearing and Notice The Planning Commission shall hold a public hearing prior to taking action on an application for a Variance. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice). 9.110.060 Conditions of Approval In approving an application for a Variance, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to: A.Requirements for special building setbacks, open spaces, buffers, fences, walls and screening. B.Requirements for installation and maintenance of landscaping and erosion control measures. C.Requirements for street and other infrastructure improvements and related dedications. D.Regulation of vehicular ingress, egress, and traffic circulation. E.Regulation of hours of operation or other characteristics of operation. F.Requirements for increased security. G.Requirements for periodic review. H.Requirements for special building design and features to enhance the visual impact and integrate the use into the community. I.Other conditions as may be deemed necessary to make the findings required by this Chapter. 9.110.070 Findings for Approval Prior to approving an application for a Variance, the approving authority shall make all the following findings: Page 97 A.Because of special circumstances applicable to the property (size, shape, topography, location or surroundings) or the intended use of the property, the strict application of the standards of this Title deprives the property of privileges enjoyed by other properties in the vicinity in the same zone. B.Granting of the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the vicinity in the same zone. C.Granting of the variance will not be materially detrimental to the public health, safety and/or welfare, or injurious to property or improvements. D.Granting of the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is located. E.Granting of the variance does not allow a use or activity which is prohibited by the zone in which the property is located. F.Granting of the variance will not be inconsistent with the goals and policies of the adopted General Plan or applicable specific plan. 9.110.080 Notice of Decision Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision). 9.110.090 Effective Date Variances shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal. 9.110.100 Appeals Actions taken on applications for a Variance are subject to appeal. Appeals shall be processed in accordance with Section 9.30.100 (Appeals). 9.110.110 Expiration Variances shall expire one year from the date the approval was granted, unless the permit has been exercised in accordance with Section 9.30.110 (Permit Time Limits, Expiration, and Extensions). 9.110.120 Extension of Time Variances may be extended in accordance with Subsection 9.30.110.C (Permit Extensions). 9.110.130 Modifications Modifications to an approved Variance shall be processed as a new application. Chapter 9.115 Zone Change/Zoning Code Amendment Contents: 9.115.010 Purpose Page 98 9.115.020 Applicability 9.115.030 Application and Required Fees 9.115.040 Approving Authority 9.115.050 Public Hearing and Notice 9.115.060 Alterations 9.115.070 Findings for Approval 9.115.080 Notice of Decision 9.115.090 Effective Date 9.115.100 Appeals 9.115.110 Expiration 9.115.120 Extension of Time 9.115.130 Modifications 9.115.140 Prezoning 9.115.010 Purpose This chapter establishes procedures for the review of changes to the Zoning Map and this Title, including amendments to or deletions from the text and/or exhibits of this Title. 9.115.020 Applicability A Zone Change or Zoning Code Amendment is required for any amendment to a provision of this Title, including the adoption of new regulations or deletion of existing regulations, or any rezone or change of the zone on the Zoning Map for any parcel(s). 9.115.030 Application and Required Fees A.Application Filing and Processing. Applications for a Zone Change or Zoning Code Amendment shall be filed and processed in accordance with Chapter 9.30 (Common Application Processing Procedures). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.115.040 Approving Authority Applications for a Zone Change or Zoning Code Amendment shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals) as follows: A.Recommending Authority. The designated recommending authority shall review and make recommendations, as appropriate, to the designated approving authority for an application for a Zone Change or a Zoning Code Amendment. B.Approving Authority. The designated approving authority is authorized to approve, conditionally approve, alter, or deny an application for a Zone Change or a Zoning Code Amendment. 9.115.050 Public Hearing and Notice Page 99 The Planning Commission shall hold a public hearing to make a recommendation on an application for a Zone Change or Zoning Code Amendment. The Planning Commission’s recommendation shall be forwarded to the City Council, in accordance with Subsection 2.20.140.C of the Menifee Municipal Code. The City Council shall hold a public hearing prior to taking action on an application for a Zone Change or Zoning Code Amendment. Public hearings shall be set and notice given in accordance with Section 9.30.080 (Public Hearing and Notice). 9.115.060 Alterations In approving an application for a Zone Change or Zoning Code Amendment, the City Council may make alterations to the proposal to ensure that the approval will comply with the required findings. Any substantial alteration made to the proposed Zone Change or Zoning Code Amendment that was not previously considered by the Planning Commission must be referred back to the Planning Commission for its recommendation in accordance with Section 9.30.090.F (Approving Authority). 9.115.070 Findings for Approval Prior to approving an application for a Zone Change or Zoning Code Amendment, the approving authority shall make all the following findings, which shall be made by ordinance: A.The proposed zone or amendments to this Title is consistent with the intent of the goals and policies of the General Plan. B.The proposed zone or amendments to this Title prescribes reasonable controls and standards to ensure compatibility with other established uses. C.The proposed zone or amendments to this Title provides reasonable property development rights while protecting environmentally sensitive land uses and species. D.The proposed zone or amendments to this Title ensures protection of the general health, safety and welfare of the community. 9.115.080 Notice of Decision Written notice of decision shall be provided in accordance with Subsection 9.30.080.G (Notice of Decision). 9.115.090 Effective Date Zone Changes and Zoning Code Amendments shall become effective on the 31st day following the date of approval. 9.115.100 Appeals Actions taken by the City Council on an application for Zone Change or Zoning Code Amendment are final and are not subject to appeal. 9.115.110 Expiration Approved Zone Changes and approved Zoning Code Amendments do not expire. 9.115.120 Extension of Time Page 100 No extensions of time are necessary as an approved Zone Change or an approved Zoning Code Amendment do not expire. 9.115.130 Modifications Any modifications affecting an approved Zone Change or an approved Zoning Code Amendment shall be handled as a new application. 9.115.140 Prezoning A.Purpose. The purpose of prezoning is to establish the zone for unincorporated property within the sphere of influence, prior to annexation. B.Review Process. The method of accomplishing prezoning shall be the same as for a Zone Change. C.Effective Date. Such prezoning shall become effective at the time annexation becomes effective. ARTICLE 3: ZONES Contents: Chapter 9.120 Establishment of Zones Chapter 9.125 Agricultural and Rural Residential Zones Chapter 9.130 Residential Zones Chapter 9.135 Commercial and Industrial Zones Chapter 9.140 Economic Development Corridor Zones Chapter 9.145 Open Space/Conservation Zones Chapter 9.150 Public/Quasi-Public Facilities Chapter 9.155 Special Planning Areas Chapter 9.120 Establishment of Zones Contents: 9.120.010 Purpose 9.120.020 Zones Established 9.120.030 Zoning Map Established 9.120.040 Consistency with the General Plan 9.120.010 Purpose This chapter establishes the zones applied to property within the City, the relationship of the Zoning Map to the General Plan and establishes the Zoning Map. 9.120.020 Zones Established The following zones listed in Table 9.120.020-1 are established to carry out the purpose of this Title and to implement the goals and policies of the General Plan. Page 101 Table 9.120.020-1: Menifee Zones Zone Name Zone Abbreviation Title Chapter Agriculture AG 9.125 Rural Mountainous RM 9.125 Rural Residential, 5-acre minimum RR5 9.125 Rural Residential, 2-acre minimum RR2 9.125 Rural Residential, 1-acre minimum RR1 9.125 Rural Residential, ½-acre minimum RR½9.125 Low Density Residential-1 LDR-1 9.130 Low Density Residential-2 LDR-2 9.130 Low Medium Density Residential LMDR 9.130 Medium Density Residential MDR 9.130 Medium High Density Residential MHDR 9.130 High Density Residential HDR 9.130 Commercial Retail CR 9.135 Commercial Office CO 9.135 Business Park/Light Industrial BP 9.135 Heavy Industrial/Manufacturing HI 9.135 Economic Development Corridor -Northern Gateway EDC-NG 9.140 Economic Development Corridor-McCall Boulevard EDC-MB 9.140 Economic Development Corridor-Community Core EDC-CC 9.140 Economic Development Corridor-Newport Road EDC-NR 9.140 Economic Development Corridor-Southern Gateway EDC-SG 9.140 Open Space-Conservation OS-C 9.145 Open Space-Recreation OS-R 9.145 Open Space-Water OS-W 9.145 Public/Quasi-Public Facilities PF 9.150 Public Utility Corridor PUC 9.150 Rail RX 9.150 Specific Plan SP 9.155 Planned Development District PDO 9.155 9.120.030 Zoning Map Established Page 102 The City Council hereby adopts the City of Menifee Zoning Map (hereafter referred to as the “Zoning Map”), which is on file with the Department. The Zoning Map is hereby incorporated into this Title by reference as though it were fully included here. The Zoning Map shall be interpreted in compliance with Section 9.10.030 (Rules of Interpretation) and amended in compliance with Chapter 9.115 (Zone Change/Zoning Code Amendment). 9.120.040 Consistency with the General Plan The Zoning Map shall implement and be consistent with the City’s adopted General Plan. Chapter 9.125 Agricultural and Rural Residential Zones Contents: 9.125.010 Purpose 9.125.020 Description and Intent of Zone 9.125.030 Allowed Uses and Approval Requirements 9.125.040 Development Standards 9.125.010 Purpose The purpose of this chapter is to establish agricultural and rural zones that provide appropriate locations for agricultural, rural mountainous, rural residential uses. These zones are consistent with and implement the adopted General Plan. 9.125.020 Description and Intent of Zone The following descriptions identify the characteristic uses, intensity of uses, and level of development intended for each zone: A.Agricultural (AG). Agricultural land including row crops, groves, nurseries, dairies, poultry farms, and other related uses. One single-family detached residence allowed per 10 acres except as otherwise specified by a policy or zoning. B.Rural Mountainous (RM). Single-family detached residences with a minimum lot size of 10 acres. Generally characterized as areas of at least 10 acres where there are extensive areas of steep slopes of 25% or greater. Allows limited animal keeping, agriculture, recreational uses, governmental uses. C.Rural Residential, 5-acre minimum (RR5). Single-family detached residences with a minimum lot size of 5 acres. Animal keeping, and agricultural uses are expected and encouraged; also allows recreational uses and governmental uses. D.Rural Residential, 2-acre minimum (RR2). Single-family detached residences on parcels of 2 to 5 acres. Limited agriculture and equestrian and animal keeping uses are expected and encouraged. E.Rural Residential, 1-acre minimum (RR1). Single-family detached residences on parcels of 1 to 2 acres. Limited agriculture, equestrian, and animal keeping uses are expected and encouraged. F.Rural Residential, ½-acre minimum (RR1/2). Single-family detached residences on parcels of ½ to 1 acre. Limited agriculture and animal keeping is permitted. Intensive animal keeping is discouraged. Page 103 9.125.030 Allowed Uses and Approval Requirements A.Allowed Use Table. Table 9.125.030-1 identifies allowed uses and corresponding approval requirements for the agricultural and rural zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses on Table 9.125.030-1 shall be permitted in one or more of the agricultural or rural residential as indicated in the columns corresponding to each zone. B.Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 9.125.030-1 authorize a use without satisfaction of such specified additional requirements C.Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate. Table 9.125.030-1 Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements Allowed Use AG RM RR5 RR2 RR1 RR1/2 Additional Requirements RESIDENTIAL USES Accessory Dwelling Unit (ADU)P P P P P P Chapter 9.35 (Accessory Dwelling Unit Permit) Bed & breakfast establishment C C C C C C Chapter 9.245 (Bed & Breakfast Uses) Congregate care facilities ————C C Chapter 9.270 (Care Facilities) Duplex (two-family dwelling)—————— Emergency shelters —————— Family day care home, large P P P P P P Chapter 9.60 (Large Family Day Care Permit) Family day care home, small P P P P P P Group Residential Facility 6 or fewer residents 7 or more residents P -- P -- P -- P -- P -- P C 9.270 (Community Care Facilities) Page 104 Table 9.125.030-1 Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements Allowed Use AG RM RR5 RR2 RR1 RR1/2 Additional Requirements Guest house P P P P P P Chapter 9.295 (Special Housing Types) Home Occupation P P P P P P Chapter 9.255 (Home Occupation and Home-Based Business) Home-Based Businesses P P P P P P Chapter 9.255 (Home Occupation and Home-Based Business) Manufactured Home P P P P P P Mobile home park ————--C Chapter 9.295 (Special Housing Types) Multiple family —————— Residential Care Facility --------C C 9.270 (Community Care Facilities) Short-term rentals (less than 30 days)—————— Single- family detached P P P P P P Single-room occupancy units/Efficiency Units —————— Chapter 9.295 (Special Housing Types) Supportive housing C C C C C C Transitional housing C C C C C C NON-RESIDENTIAL USES Animals, Small (e.g. hamsters, rabbits, chinchillas, and similar sized animals) Non-Commercial Commercial P C P C P C P C P C P C Chapter 9.235 (Animal Keeping) Animals, Medium (e.g. sheep, goats, pigs, and similar sized animals) Non-commercial Commercial P C P C P C P C P -- P -- Chapter 9.235 (Animal Keeping) Page 105 Table 9.125.030-1 Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements Allowed Use AG RM RR5 RR2 RR1 RR1/2 Additional Requirements Animals, Large (e.g. cows, horses, camels, llamas, and other similar sized animals) Non-commercial Commercial P C P -- P C P C P -- P -- Chapter 9.235 (Animal Keeping) Animal rescue C C C C C --Chapter 9.235 (Animal Keeping) Apiary (non-commercial)P P P P P P Chapter 9.235 (Animal Keeping) Aquaculture (commercial raising of fish, frogs, shellfish, algae, etc.) C C C ------Chapter 9.235 (Animal Keeping) Aviary (non-commercial) Fewer than 50 birds. Greater than 50 birds P C P C P C P C P C P C Chapter 9.235 (Animal Keeping) Cemetery or Mausoleum C C C C ---- Collection Containers ------------ Farms and agricultural operations Non-commercial Commercial P C C C P C P C P C C C Fowl, non-crowing (Non- commercial)P P P P P P Chapter 9.235 (Animal Keeping) Fowl, crowing (non- commercial)P P P P P --Chapter 9.235 (Animal Keeping) Future Farmers of America and 4-H Educational Programs P P P P P P Chapter 9.235 (Animal Keeping) Educational Institution C C C C C C Event Facilities ——C C —— Golf Courses C C C C C C Governmental facilities C C C C C C Kennels and catteries C —C C C C Chapter 9.235 (Animal Keeping) Marijuana dispensaries, mobile marijuana dispensaries, marijuana cultivation, and marijuana processing —————— Page 106 Table 9.125.030-1 Agricultural and Rural Residential Zones - Allowed Uses and Approval Requirements Allowed Use AG RM RR5 RR2 RR1 RR1/2 Additional Requirements Nurseries (wholesale and open to the public)P --C C C -- Does not include cultivation of marijuana/cannabi s. Parks and recreation areas P P P P P P Petting Zoo P C C C C C Chapter 9.235 (Animal Keeping Public utility facilities C C C C C C Religious Facilities C C C C C C Shooting Ranges ------------ Stable, riding academy, large animal boarding P --C C C C Chapter 9.235 (Animal Keeping) Vineyards and wineries C C C C C C Wireless Communication Facilities C C C C C C Chapter 9.290 (Wireless Communication Facilities) 9.125.040 Development Standards The development standards listed below are the minimum standards for development within the respective zones. Table 9.125.040-2 Agricultural and Rural Residential Zones - Development Standards Standard AG RM RR5 RR2 RR1 RR1/2 Additional Requirements LOT DIMENSIONS (Minimum) Goss Lot Area (Acres)10 10 5 2 1 0.5 Lot Width (Feet)100 100 100 80 70 60 Lot Depth (Feet)150 150 120 100 100 90 Frontage (Feet)50 50 50 40 40 30 Frontage for a flag lot (Feet)40 40 30 30 30 25 SETBACKS (Minimum)1 Front Yard (Feet)40 40 40 25 25 202 Corner Side Yard (Feet)40 40 20 15 15 15 Interior Side Yard 25 25 15 15 10 10 Page 107 (Feet) Rear Yard (Feet)25 25 20 20 20 20 BUILDING HEIGHT (Maximum) Building Height (Feet)35 35 35 35 35 35 Chapter 9.160 (General Development Standards) BUILDING COVERAGE (Maximum) Building Coverage (Percent) 10%10%15%20%25%25% OPEN SPACE COVERAGE (Minimum) Open Space Required (Percent) 75%75%70%60%50%40% Private Open Space/Unit (Sq. Ft) N/A N/A N/A N/A N/A N/A 1.Setback encroachment allowances for architectural features and accessory structures can be found in 9.160.030 2.Side-loaded garages may have a front yard setback of 15 feet. Chapter 9.130 Residential Zones Contents: 9.130.010 Purpose 9.130.020 Description and Intent of Zone 9.130.030 Allowed Uses and Approval Requirements 9.130.040 Development Standards 9.130.010 Purpose The purpose of this chapter is to establish residential districts in the city that provide appropriate locations for low density residential, low medium density residential, medium density residential, medium high density residential, and high density residential. These zones are consistent with and implement the city’s General Plan land use categories. 9.130.020 Description and Intent of Zone The following descriptions identify the characteristic uses, intensity of uses, and level of development intended for each zone: A.Low Density Residential (LDR-1). Single-family detached residences with a minimum parcel size of ten thousand (10,000) square feet. Limited agriculture and animal keeping is permitted. Page 108 B.Low Density Residential (LDR-2). Single-family detached and attached residences with a with a minimum parcel size of seven thousand and two-hundred (7,200) square feet. Limited agriculture and animal keeping is permitted. C.Low Medium Density Residential (LMDR). Single-family attached and detached residences with a density range of 5 to 8 dwelling units per acre. D.Medium Density Residential (MDR). Single-family attached and detached residences, including townhouses, stacked flats, courtyard homes, patio homes, and zero lot line homes with a density range of 8 to 14 dwelling units per acre. E.Medium High Density Residential (MHDR). Single-family attached residences and multifamily dwellings such as triplexes, fourplexes, motorcourt clusters, and row townhomes with a density range of 14 to 20 dwelling units per acre. F.High Density Residential (HDR). Multifamily dwellings; includes Apartments and condominiums with a density range of 20 to 24 dwelling units per acre. 9.130.030 Allowed Uses and Approval Requirements A.Allowed Use Table. Table 9.130.030-1 identifies allowed uses and corresponding approval requirements for the residential zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses on Table 9.130.030-1 shall be permitted in one or more of the residential zones as indicated in the columns corresponding to each zone. B.Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 9.130.030-1 authorize a use without satisfaction of such specified additional requirements. C.Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate. Table 9.130.030-1 Residential Zones - Allowed Uses and Approval Requirements Allowed Use LDR -1 LDR -2 LMDR MDR MHDR HDR Additional Requirements RESIDENTIAL USES Accessory Dwelling Unit (ADU)P P P P P P Chapter 9.35 (Accessory Dwelling Unit Permit) Bed & breakfast establishment C C C C ----Chapter 9.245 (Bed and Breakfast) Congregate care facilities C C C C C C Chapter 9.270 (Community Care Facilities) Page 109 Table 9.130.030-1 Residential Zones - Allowed Uses and Approval Requirements Allowed Use LDR -1 LDR -2 LMDR MDR MHDR HDR Additional Requirements Duplex (two-family dwelling)P P P P P P Emergency shelters ----------P In locations specified in the Housing Element Family day care home, large P P P P P P Chapter 9.60 (Large Family Day Care Permit) Family day care home, small P P P P P P Group Residential Facility Six or Fewer Residents Seven or More Residents P C P C P C P C P C P C Chapter 9.270 (Community Care Facilities) Guest house, accessory to single- family detached P P P P P P Chapter 9.295 (Special Housing Types) Home Occupation P P P P P P Chapter 9.255 (Home Occupation and Home- Based Business) Home-Based Businesses ------------ Chapter 9.255 (Home Occupation and Home- Based Business) Manufactured Home P P P P P P Mobile home park C C C C C C Chapter 9.295 (Special Housing Types) Multiple family --P P P P P Residential Care Facility C C C C C C Chapter 9.270 (Community Care Facilities) Short-term rental —————— Single- family detached P P P P —— Single-room occupancy units ----------P Chapter 9.295 (Special Housing Types) Supportive housing C C C C C C Transitional housing C C C C C C NON-RESIDENTIAL USES Animals, Small (e.g. hamsters, rabbits, chinchillas, and P -- P -- P -- P -- P -- P -- Chapter 9.235 (Animal Keeping) Page 110 Table 9.130.030-1 Residential Zones - Allowed Uses and Approval Requirements Allowed Use LDR -1 LDR -2 LMDR MDR MHDR HDR Additional Requirements similar sized animals) Non-Commercial Commercial Animals, Medium (e.g. sheep, goats, pigs, and similar sized animals) Non-commercial Commercial P -- P -- -- -- -- -- -- -- -- -- Chapter 9.235 (Animal Keeping) Animals, Large (e.g. cows, horses, camels, llamas, and other similar sized animals) Non-commercial Commercial P -- P -- -- -- -- -- -- -- -- -- Chapter 9.235 (Animal Keeping) Apiary (non- commercial)P P --------Chapter 9.235 (Animal Keeping) Collection Containers ------------ Educational Institutions C C C C C C Farms and agricultural operations Non-commercial Commercial C C -- -- -- -- -- -- -- -- -- -- Future Farmers of America and 4-H Programs P P P P P P Chapter 9.235 (Animal Keeping) Fowl, Non Crowing P P --------Chapter 9.235 (Animal Keeping) Golf courses ------------ Governmental facilities C C C C C C Kennels and catteries C C --------Chapter 9.235 (Animal Keeping) Page 111 Table 9.130.030-1 Residential Zones - Allowed Uses and Approval Requirements Allowed Use LDR -1 LDR -2 LMDR MDR MHDR HDR Additional Requirements Marijuana dispensaries, mobile marijuana dispensaries, marijuana cultivation, or marijuana processing ------------ Nurseries C ---------- Does not include cultivation of marijuana/cannabis. Parks and recreation areas P P P P P P Public utility facilities C C C C C C Religious Institutions C C C C C C Temporary real estate tract offices P P P P P P Wireless Communication Facilities C C C C C C Chapter 9.290 (Wireless Communication Facilities) 9.130.040 Development Standards The development standards listed below are the minimum standards for development within the respective zones. Table 9.130.040-1 Residential Zones Development Standards Standard LDR-1 LDR-2 LMDR MDR MHDR HDR Additional Requirements LOT DIMENSIONS (Minimum) Net Lot Area (Sq. Ft.) 10,000 7,200 6,000 5,000 3,000 3,000 Lot Width (Feet)60 40 40 30 30 30 Lot Depth (Feet)100 90 80 80 80 80 Frontage (Feet)40 40 40 30 30 30 Page 112 Table 9.130.040-1 Residential Zones Development Standards Standard LDR-1 LDR-2 LMDR MDR MHDR HDR Additional Requirements Frontage for a flag lot (Feet) 20 20 20 20 20 20 Frontage for a cul- de-sac or knuckle (Feet) 35 35 35 35 35 35 SETBACKS (Minimum)1 Front Yard (Feet)2 15 15 15 15 15 15 Corner Side Yard (Feet) 15 15 15 15 15 15 Interior Side Yard (Feet) 5 5 5 5 min., 15 combined 5 min., 15 combined 5 min., 15 combined Rear Yard (Feet)10 10 20 20 20 20 BUILDING HEIGHT (Maximum) Building Height (Feet) 40 40 40 40 50 50 BUILDING COVERAGE (Maximum) Building Coverage (Percent) 50%50%50%50%60%60% OPEN SPACE COVERAGE (Minimum) Open Space Required (Percent) 30%30%30%30%25%20% Private Open Space/Unit (Sq. Ft) N/A N/A N/A 100 100 100 1.Setback encroachment allowances for architectural features and accessory structures can be found in 9.160.030. 2.Garages with entrances facing the street shall be set back no less than 20 feet. Page 113 Chapter 9.135 Commercial and Industrial Zones Contents: 9.135.010 Purpose 9.135.020 Description and Intent of Zone 9.135.030 Allowed Uses and Approval Requirements 9.135.040 Development Standards 9.135.010 Purpose The purpose of this chapter is to establish business districts in the city that provide appropriate locations for commercial, office, and industrial uses. These districts are consistent with and implement the city’s General Plan land use categories. These districts provide sufficient and appropriately located land for general commercial and industrial uses that minimize impacts on residential neighborhoods. 9.135.020 Description and Intent of Zone The following descriptions of each commercial and industrial zoning district identify the general characteristic uses, intensity of uses, and type of development intended for that district: A.Commercial Retail (CR). Allows neighborhood, local, and regional serving retail and service uses. Hotels are also permitted in this designation. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.20 – 0.35. B.Commercial Office (CO). Allows a variety of office-related uses, including financial, legal, insurance and other office services; corporate offices; supporting hotel and ancillary retail uses are also permitted. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.25 – 1.00. C.Business Park (BP). Allows industrial and related uses including warehousing/distribution, assembly and light manufacturing, repair facilities, and business parks, including corporate offices. Employee-intensive uses, including research and development, technology centers, "clean" industry, and supporting hotel and ancillary retail uses are also permitted. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.25 – 0.60. D.Heavy Industry (HI). Allows more intense industrial activities, such as manufacturing uses, that can generate significant impacts such as excessive noise, dust, and other nuisances. The permissible development density is between the minimum and maximum floor area ratio (FAR) of 0.15 – 0.50. 9.135.030 Allowed Uses and Approval Requirements A.Allowed Use Table. Table 9.135.030-1 identifies allowed uses and corresponding approval requirements for the commercial and industrial zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses on Table 9.135.030 shall be permitted in one or more of commercial and industrial zones as indicated in the columns corresponding to each zone. Page 114 B.Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 9.135.030-1 authorize a use without satisfaction of such specified additional requirements C.Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate. Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use CR CO BP HI Additional Requirements Adult businesses --------See Ordinance XX Airport ------ C Ambulance services C C P P Amusement arcade P --C -- Amusement park, (including multiple activities such as simulated flying, racing, mini- golf, etc.) Indoor Outdoor P C P C Animals, Small (e.g. hamsters, rabbits, chinchillas, and similar sized animals) Non-Commercial Commercial P -- P -- P -- P -- Chapter 9.235 (Animal Keeping) Animal hospitals and veterinary services (with outdoor facilities) P C -- P C C -- Animal Rescue ----C C Chapter 9.235 (Animal Keeping) Antique shops, pawn shops, thrift stores P --C --Outside collection bins prohibited Art gallery, library, reading room, museum.P P ---- Page 115 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use CR CO BP HI Additional Requirements Art supply shops and studios.P P P -- Auction Houses P --P -- Auditoriums, event centers and assembly areas, including live entertainment: Indoor Outdoor P C C -- P C -- -- Bakery goods distributors.P --P P Bakery shops, Coffeehouse, Cybercafé, Delicatessens, Ice cream shops P P P -- Banks and financial institutions.P P P -- Banquet facilities.C --C -- Batting cages – indoor Outdoor P C --C C -- Billiard and pool halls, Bowling alleys P --P -- Chapter 9.250 (Alcohol Sales) Breweries, distilleries, and wine making facilities with on-site tasting room and sales for off-site consumption C --P --Chapter 9.250 (Alcohol Sales) Business services P P P -- Car washes P --C Caretaker residence or on-site operator residence, only as accessory to primary use C C C C Catering services P --P -- Cemeteries and mausoleums ----C C Clinics, including but not limited to medical and urgent care C C C -- Collection Containers -------- Commercial television and radio broadcast structures ------P Concrete batch plants and asphalt plants ------C Congregate care facility --C C --Chapter 9.270 (Community Care Page 116 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use CR CO BP HI Additional Requirements Facilities) Contractor storage yard ----C C Convenience stores, not including the sale of motor vehicle fuel P --P -- Dance Halls, night clubs, discos, cabarets, cocktail lounges, lodges and incidental dancing areas, and similar facilities where dancing is the principal use C --C --Chapter 9.250 (Alcohol Sales) Day Care Center P C C -- Chapter 9.270 (Community Care Facilities) Department stores P --P -- Drug Store P P ---- Dry cleaning and laundromats (except uniform supply and industrial launderers); P C C -- Educational Institution C C C C Emergency shelters ------P In locations specified in the Housing Element Equipment sales and rental, Large (including large vehicles, trucks with beds over 18 feet in length, eighteen plus (18+) wheelers, and construction equipment) -- ---- C Equipment sales and rental, Small (including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding 20 cubic feet in capacity and other similar equipment) P --C C Fast food/quick service, with drive-through C C C -- Fast food/quick service, without drive-through P P P -- Page 117 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use CR CO BP HI Additional Requirements Feed and grain sales C ----P Fertilizer production and processing (organic or inorganic) ------C Funeral parlor, mortuary with crematorium --C C -- Funeral parlor, mortuary without crematorium P C C -- Gas station with/without convenience store, with or without alcoholic beverage sales, and with or without car wash C --C C General retail P ------ General warehousing, distribution centers, and storage (except noxious, explosives, or dangerous materials) ----P P Golf Course -------- Golf driving range (not in association with full scale course) C --C -- Governmental facility P P P P Grocery Store P ------Chapter 9.250 (Alcohol Sales) Hardware and Building Supplies without outdoor sales/storage with outdoor sales/storage P C -- -- P C P C Health, fitness, dance, martial arts studio <5,000 sq.ft. >5,000 sq.ft P C C C P C -- Heliports -- --C C Hospital C C ---- Hotels and resort hotels P C C -- Kennel or cattery ----C C Chapter 9.235 (Animal Keeping) Page 118 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use CR CO BP HI Additional Requirements Laboratories, research and development P P P -- Live/work units C C C -- Lumber yard ------C Manufacturing, Handcraft P P P P Manufacturing, Light- Intensity --C P P Manufacturing, Medium- Intensity --C C P Manufacturing, Heavy- Intensity ------P Marijuana dispensaries, mobile marijuana dispensaries, marijuana cultivation, and marijuana processing -------- Massage Establishment C C ---- Material storage yard ----C P Membership clubs, organizations, and lounges C C C -- Mobile home sales and storage, trailer sales and rental house trailers C --C C Motels C ------ Motocross Facilities, Bicycle (BMX) course -------- Motor vehicle body, paint and upholstery shops C --C P Chapter 9.240 (Motor Vehicle and Related Uses) Motor vehicle parts and supply stores P --C -- Motor vehicle repair/services (e.g. tune-ups, emission tests, brakes, tires, batteries, electrical) P -- C P Chapter 9.240 (Motor Vehicle and Related Uses) Motor vehicle repairs/services - major (e.g., engine and transmission repair/rebuild, etc.) -- --C P Chapter 9.240 (Motor Vehicle and Related Uses) Page 119 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use CR CO BP HI Additional Requirements Motor vehicle sales and rental (including outdoor display area and repairs associated with sales) C -- C -- Chapter 9.240 (Motor Vehicle and Related Uses) Motor vehicle wholesale, with no outdoor display P P P P Motor vehicle impound, wrecking and junk yards -- ---- C Chapter 9.240 (Motor Vehicle and Related Uses) Motor vehicle, trailer or boat storage ----C (indoor only)C Chapter 9.240 (Motor Vehicle and Related Uses) Nurseries and garden supply, indoor and outdoor (retail sales only) P ----P Does not include cultivation of marijuana/cannab is. Offices, professional and medical P P P -- Parking lots and parking structures P P P P Personal and Professional Services P --P -- Public utility substations and storage buildings ------P Radio and television broadcasting and recording studios P --P -- Recreational vehicle, trailer and mobile home sales and rental. C -- C C Chapter 9.240 (Motor Vehicle and Related Uses) Recycling collection facilities C --C C Chapter 9.280 (Recycling Facilities) Recycling processing facilities ----C C Chapter 9.280 (Recycling Facilities) Religious institutions P P P P Restaurant P P P P Chapter 9.250 (Alcohol sales) Residential care facility --C ----Chapter 9.270 Page 120 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use CR CO BP HI Additional Requirements (Community Care Facilities) Restaurants with breweries, distilleries and/or wine making facilities with sales for on-site and off-site consumption C C C C Chapter 9.250 (Alcohol sales) Self-Storage, public storage facilities C --C P Shooting range; Indoor ----C -- Shooting range; Outdoor -------- Simulated shooting games, Indoor (laser tag, etc.)C --C -- Simulated shooting games, Outdoor (paintball, etc.)-------- Solid Waste Disposal ------C Specialized Retail P --P -- Sports and recreational facilities (not including motor driven vehicles and riding academies, but including archery ranges, athletic playgrounds, athletic fields, sports arenas, skating rinks, skate parks stadiums, and commercial swimming pools) Indoor Outdoor P C -- -- C C -- -- Studios for professional work in or teaching of any form of fine arts P C P -- Swap Meets (Indoor only)C ----C All activities must be conducted indoors. Tattoo Establishments C C C -- Chapter 9.265 (Tattoo Establishments) Theater C --C -- Tourist information centers P P P -- Page 121 Table 9.135.030-1 Commercial and Industrial Zones - Allowed Uses and Approval Requirements Allowed Use CR CO BP HI Additional Requirements Towing services (with tow truck parking - no auto storage) -- --P P Towing services (with tow truck parking and auto storage) ------C Transportation Stations (bus, railroad and taxi)P P P P Trucking and freighting operations ------C Uniform supplier and industrial launderers ----C P Utility offices, uses, and structures P P P P Vehicle storage and impoundment within an enclosed building ----P P Vocational/trade school;C --P C Warehouse/club store, Standalone facility 50,000 sq. ft. or larger C --C -- Wholesale businesses with samples on the premises but not including storage P --P -- Wholesale stores and distributors ----C -- Wireless Communication Facilities C C C C Chapter 9.290 (Wireless Communications Facilities) 9.135.040 Development Standards The development standards listed below are the minimum standards for development within the respective zones. Separate development standards have been established for developments on a single lot and for those commercial shopping centers or industrial planned developments which multiple structures on one or more lots. Page 122 Table 9.135.040-1 Commercial and Industrial Zones - Development Standards for Developments within Planned Shopping Centers or Industrial Parks Standard CR CO BP HI Additional Requirements MINIMUM LOT DIMENSIONS Net Lot Area (Acre)5 5 10 10 FLOOR AREA RATIO Minimum 0.20 0.25 0.25 0.15 Maximum 0.35 1.0 0.60 0.50 YARDS/SETBACKS (Minimum) Yard Adjacent to Street (Feet): Arterial Collector Local 25 20 15 25 20 15 25 20 15 25 20 15 Yard Adjacent to Residential Zone (Feet)25 25 50 50 Interior Side Yard (Feet)0 0 0 0 Rear Yard (Feet)15 10 10 25 Minimum Building Separation (Feet): One story: Two stories: Three or more stories: 10 15 20 15 20 25 15 20 25 15 20 25 BUILDING HEIGHT (Maximum) Principal Building (Feet)50 50 40 40 BUILDING COVERAGE (Maximum) Building Coverage (Percent)30%50%40%40% OPEN SPACE COVERAGE (Minimum) Landscaped Open Space Required (Percent)20%25%25%20% FENCES, WALLS, HEDGES, SCREENING Fence wall or hedge – maximum height (feet)6 6 6 6 Fence wall or hedge screening outdoor storage –minimum/max height (feet) 6/8 N/A 6/12 6/12 Table 9.135.040-2 Commercial and Industrial Zones - Development Standards for Development on Separate Lots Standard CR CO BP HI Additional Requirements MINIMUM LOT DIMENSIONS Page 123 Net Lot Area (Square Feet)1 --20,000 20,000 10,000 Lot Width (Feet)--100 100 75 Frontage (Feet)30 60 80 80 FLOOR AREA RATIO Minimum 0.20 0.25 0.25 0.15 Maximum 0.35 1.0 0.60 0.50 YARDS/SETBACKS (Minimum) Yard Adjacent to Street (Feet): Arterial Collector Local 25 20 15 25 20 15 25 20 15 25 20 15 Yard Adjacent to Residential Zone (Feet)25 25 50 50 Interior Side Yard (Feet)0 0 0 0 Rear Yard (Feet)15 10 10 25 BUILDING HEIGHT (Maximum) Principal Building (Feet)50 50 40 40 BUILDING COVERAGE Maximum (Percent)30%50%40%40% OPEN SPACE COVERAGE (Minimum Percent) Landscaped Open Space Required (Percent)20%25%25%20% FENCES, WALLS, HEDGES, SCREENING (Feet) Fence wall or hedge – maximum height (Feet)6 6 6 6 Fence wall or hedge screening outdoor storage –minimum/max height (Feet) 6/8 N/A 6/12 6/12 1.All legal commercial and industrial lots in existence prior to the adoption of this ordinance shall be treated as conforming lots with respect to lot sizes. Chapter 9.140 Economic Development Corridor Zones Contents: 9.140.010 Purpose 9.140.020 Description and Intent of Zone 9.140.030 Allowed Uses and Approval Requirements 9.140.040 Development Standards 9.140.050 Special Requirements for Mixed Uses and Residential Uses in Economic Development Corridor Zones 9.140.010 Purpose Page 124 The purpose of this chapter is to establish business districts in the City that provide appropriate locations for commercial, office, industrial and economic development. These districts are consistent with and implement the City’s General Plan. 9.140.020 Description and Intent of Zone The following descriptions identify the characteristic uses, intensity of uses, and level of development intended for each zone: A.Economic Development Corridor Northern Gateway (EDC-NG). Envisioned as a business park area with more intensive industrial uses (less office) than envisioned for the Scott Road EDC area. Provides a buffer and transition between the commercial uses in Perris to the north and the residential uses in Menifee, south of McLaughlin Road. B.Economic Development Corridor McCall Boulevard (EDC-MB). Envisioned as a mix of office, medical, and residential uses (assisted living, senior Apartments, townhomes, etc.) that would be compatible with the Regional Medical Center and would provide health- related services in close proximity to Sun City residents. C.Economic Development Corridor Community Core (EDC-CC). The Community Core is envisioned as the City’s primary activity center and gathering place. Civic and entertainment uses are envisioned here that are complemented with commercial retail uses and higher density housing options that encourage walkability and reduce the use of the automobile. This area is intended to function as the ceremonial “heart” or downtown of the City of Menifee and will serve as a transition from existing rural lots to more concentrated retail and office development moving east toward I-215. D.Economic Development Corridor Newport Road (EDC-NR). The Newport Road Corridor is intended to provide neighborhood-oriented commercial uses that support the adjacent residential development to the north and south. Business park, office, or residential uses are envisioned along Bradley Road, to provide a buffer the commercial corridor and a logical transition to the adjacent single-family residential neighborhoods to the north. E.Economic Development Corridor Southern Gateway (EDC-SG). Southern Gateway will feature a business park style of development consisting of light industrial and office uses, with commercial use opportunities. The objective is to allow development while preserving the rural character of the Southern Gateway area. 9.140.030 Allowed Uses and Approval Requirements A.Allowed Use Table. Table 9.140.030-1 identifies allowed uses and corresponding approval requirements for the EDC zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses, with the exception of prohibited uses, on Table 9.140.030-1 shall be permitted in one or more of the EDC zones as indicated in the columns corresponding to each zone. B.Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements Page 125 are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 9.140.030-1 authorize a use without satisfaction of such specified additional requirements C.Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate. Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use EDC- NG EDC- MB EDC- CC EDC- NR EDC- SG Additional Requirements Accessory dwelling units P P P P P As allowed by State law Adult businesses ----------See XX (Adult Use Ordinance) Airport C -------- Ambulance services P C C C P Amusement and game arcade ----P C P Amusement park(including multiple activities such as simulated flying, racing, mini-golf, etc.) Indoor Outdoor P -- C -- C C C C P -- Art gallery, art studio, library, reading room, museum P P P P P Auction Houses: Indoor Outdoor P C P -- P -- P -- P -- Auditoriums, event centers and assembly areas, including live entertainment: Indoor Outdoor C -- C C P C C -- P -- Chapter 9.250 (Alcohol Sales) Banks and financial institutions P P P P P Batting cages – indoor Outdoor P C P C P C P C P C Billiard and pool halls, Bowling alleys P C P C P Chapter 9.250 (Alcohol Sales) Breweries, distilleries, and wine making facilities with on-site tasting room and sales for off-site consumption P P P P P Chapter 9.250 (Alcohol Sales) Page 126 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use EDC- NG EDC- MB EDC- CC EDC- NR EDC- SG Additional Requirements Business Services P P P P P Car washes P C C P -- Caretaker residence or on-site operator residence, only as accessory to primary use P ------P Catering services P C C C P Includes truck parking Cemeteries, crematories and mausoleums C C --C C Clinics, including but not limited to medical and urgent care.P P P P P Collection Containers ---------- Commercial radio and television broadcasting C C C C C Community center P P P P P Concrete batch plants and asphalt plants ---------- Congregate care facility --C C C -- Chapter 9.270 (Community Care Facilities) Contractor storage yards, building materials sales yards C ------C May not be located adjacent to the freeway right-of-way. Convalescent hospital/care facility --P C C C Dance Halls, night clubs, discos, cabarets, cocktail lounges, lodges and incidental dancing areas, and similar facilities where dancing is the principal use C C C C C Chapter 9.250 (Alcohol Sales) Day Care Center C C C C C Chapter 9.270 (Community Care Facilities) Dry cleaning and laundromat (except uniform supply and industrial launderers); --C P P C Educational Institution C C C C C Emergency shelters 1 P P P P P As mandated by State law and Page 127 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use EDC- NG EDC- MB EDC- CC EDC- NR EDC- SG Additional Requirements City Housing Element. See footnote1 below. Equipment sales and rental, Large (including large vehicles, trucks with beds over 18 feet in length, eighteen plus (18+) wheelers, and construction equipment) P ------C May not be located adjacent to the freeway right-of-way. Equipment sales and rental, Small (including rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding 20 cubic feet in capacity and other similar equipment) P C C C C May not be located adjacent to the freeway right-of-way. Fast food/quick service, with drive- through;C C C C C Fast food/quick service, without drive- through P P P P P Feed and grain sales C ----P C Fertilizer production and processing organic or inorganic ---------- Gas station with or without a convenience store, with or without alcoholic beverage sales, and with or without car wash C C C C C Chapter 9.250 (Alcohol Sales). In SG-May not be located south of Scott Road. General Retail P P P P P General warehousing, distribution centers, and storage (except noxious, explosives, or dangerous materials) P C ----P Golf Course --C C C -- Golf driving range (not in association with full scale course)C C C C C Governmental facility P P P P P Grocery Store, Drug Store P P P P P Chapter 9.250 (Alcohol Sales) Guns and ammunition store C ----C C Hardware or Building Supplies Sales without outdoor sales/storage with outdoor sales/storage P C P C P C P C P C Page 128 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use EDC- NG EDC- MB EDC- CC EDC- NR EDC- SG Additional Requirements Health, fitness, dance, martial arts studio <5,000 sq.ft. >5,000 sq.ft P C P C P C P C P C Heliports C C C C C Hospital C C C C C Hotels and resort hotels P P P P P Kennel or cattery C C C C C Chapter 9.235 (Animal Keeping) Laboratories, research and development P P P P P Live/work units (2)C C C C C Subject to the residential percentages in the General Plan. Manufacturing, Handcraft P C C C P Manufacturing, Light-Intensity P C C C P Manufacturing, Medium-Intensity P ------P Manufacturing, Heavy-Intensity C -------- Marijuana dispensaries, mobile marijuana dispensaries, marijuana cultivation, and marijuana processing ---------- Massage Establishment P C C C C Meat packaging plants, poultry and egg processing, processing and rendering of fats and oils ---------- Membership clubs, organizations, and lounges C C C C C Mobile home sales and storage, trailer sales and rental house trailers C -------- Motocross Facilities, Bicycle (BMX) course C -------- Motor vehicle body, paint and upholstery shops P C --C C Chapter 9.240 (Motor Vehicle and Related Uses) Motor vehicle repair/services (e.g. P P C P P Chapter 9.240 Page 129 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use EDC- NG EDC- MB EDC- CC EDC- NR EDC- SG Additional Requirements tune-ups, emission tests, brakes, tires, batteries, electrical (Motor Vehicle and Related Uses) Motor vehicle repairs - major (e.g., engine and transmission repair/rebuild, etc.) C C --C C Chapter 9.240 (Motor Vehicle and Related Uses) Motor vehicle sales and rental (including outdoor display area and repairs associated with sales): Automobiles Sales Automobile Rental Boats and RVs Sales and Rental -- C C -- C C C C C -- C C -- C C Chapter 9.240 (Motor Vehicle and Related Uses). Motor vehicle wholesale, with no outdoor display C -------- Motor vehicle wrecking and junk yards -- -------- Chapter 9.240 (Motor Vehicle and Related Uses) Motor vehicle, trailer or boat storage – Indoor Outdoor C -- C -- C -- C -- C -- Motorcycle sales/service C P C P P Multi-family dwellings C C C C C Subject to the residential percentages in the General Plan. 9.140.050 (Special Requirements for Mixed Uses and Residential Uses in EDC Zones). May not be located adjacent to I- 215. Natural gas, above ground storage C ------C Nurseries and garden supply, indoor and outdoor (retail sales only)C C C C C Does not include Page 130 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use EDC- NG EDC- MB EDC- CC EDC- NR EDC- SG Additional Requirements cultivation of marijuana/canna bis. Offices (professional and medical)P P P P P Outdoor dining P P P P P Chapter 9.260 (Outdoor Sales, Display, and Dining) Parking lots and parking structures.P C C P P Personal Services C P P P C Pet shops, pet supply, and pet care and grooming P P P P P Public utility substations, offices and storage buildings P P P P P Recording studios P P P P P Recycling collection facilities C C --C C Chapter 9.280 (Recycling Facilities); May not be located adjacent to the freeway right- of-way. Recycling processing facilities C -------- Chapter 9.280 (Recycling Facilities); May not be located adjacent to the freeway right- of-way. Religious Institutions C C C C C Residential care facility C C C C C May not be located adjacent to I-215. Restaurants P P P P P Chapter 9.250 (Alcohol sales) Restaurants with ancillary breweries, distilleries and/or wine making facilities with sales for on-site and off- site consumption P P P P P Chapter 9.250 (Alcohol sales) Self-Storage, public storage facilities ---------- Page 131 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use EDC- NG EDC- MB EDC- CC EDC- NR EDC- SG Additional Requirements Shooting range; Indoor P C C C C Shooting range; Outdoor ---------- Single-family residences C C C C C Requires tentative tract map approval. May not be located adjacent to I-215. Smoking Lounge C C C C C Solid Waste Disposal ---------- Sports and recreational facilities (not including motor driven vehicles and riding academies, but including archery ranges, athletic playgrounds, athletic fields, sports arenas, skating rinks, skate parks, stadiums, and commercial swimming pools) C C C --C Swap Meets (Indoor only)---------- Tattoo Establishments C C C ---- Chapter 9.265 (Tattoo Establishments) Theaters C C P C P Towing services (with tow truck parking, no auto storage)p C ----C Truck stops P -------- Trucking and freighting operations C C ----C Vocational/trade school;P C C C P Warehouse/club store, Standalone facility 50,000 sq. ft. or larger C C C C C Warehouse/club store, Standalone facility under 50,000 sq. ft.P P P P P Wedding chapels C C C C C Wholesale businesses with samples on the premises but not including storage.P P P P P Wholesale stores and distributors C C C C C Wireless Communication Facilities C C C C C Chapter 9.290 (Wireless Communication Facilities) Page 132 Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use EDC- NG EDC- MB EDC- CC EDC- NR EDC- SG Additional Requirements FOOTNOTES: 1. Emergency Shelters shall: A. Provide on-site facilities management personnel during all hours that the emergency shelter is in operation. B. Be located no less than 300 feet from another emergency shelter. C. Provide adequate lighting to illuminate the entire outdoor and parking areas of the property. D. Provide security during all hours that the emergency shelter is in operation. 9.140.040 Development Standards The development standards listed below are the minimum standards for development within the respective zones. Table 9.140.040-2 Economic Development Corridors Zones - Development Standards Standard EDC- NG EDC- MB EDC- CC EDC- NR EDC- SG Additional Requirements LOT DIMENSIONS (Minimum) Net Lot Area (Sq. Ft.)15,000 15,000 15,000 10,000 20,000 FLOOR AREA RATIO Maximum 1.0 1.0 1.0 1.0 1.0 YARDS/SETBACKS (Minimum) Front Yard 25 25 25 25 25 Mixed Use Setback Requirements: 9.140.050.B Yard Adjacent to Residential Zone (Feet)25 25 25 25 25 No buildings or structures shall be located within an encroachment plane sloping upward and inward to the site at a 45-degree angle, commencing 15 feet above the existing grade at the property line (see Figure 9.140-1: Rear or Side Yard Setback and Encroachment Plane on a Residentially Zoned Lot). Page 133 Table 9.140.040-2 Economic Development Corridors Zones - Development Standards Standard EDC- NG EDC- MB EDC- CC EDC- NR EDC- SG Additional Requirements Interior Side Yard (Feet)---------- Street Side Yard Setback 15 15 15 15 25 Rear Yard (Feet)10 15 15 15 10 BUILDING HEIGHT (Maximum) Building Height (Feet)100 45 75 45 75 BUILDING COVERAGE (Maximum) Building Coverage (Percent)---------- OPEN SPACE COVERAGE (Minimum) Landscaped Open Space Required (Percent): 10%10%10%10%10% Percent of the total lot area excluding that portion of the lot contained within the required front setback area. FENCES, WALLS, HEDGES, SCREENING (Feet) Fence wall or hedge – maximum height (Feet)6 6 6 6 6 Fence wall or hedge screening outdoor storage – minimum/max height (Feet) 6/12 6/8 6/8 6/8 6/12 Figure 9.140-1: Rear or Side Yard Setback and Encroachment Plane on a Residentially Zoned Lot 9.140.050 Special Requirements for Mixed Uses and Residential Uses in Economic Development Corridor Zones A.Intent of Mixed Uses. The mixed-use allowances within the Economic Development Corridor (EDC) Zones are intended to enhance, revitalize, and provide opportunities for new development in designated areas of the community. This allows for retail and service Page 134 commercial businesses (local and regional) and moderate- to high-density residential uses to be integrated vertically or horizontally for the benefit of the community. B.Mixed Use Setback Requirements. Within the required front setback area, paved walkways for pedestrian use shall be augmented with landscaping such as planters and trees. Elements enhancing the pedestrian experience shall be incorporated into the design of the front setback, including but not limited to, benches, lighting schemes, and decorative paving. 1.Mixed-use developments where the front lot line abuts a major traffic corridor must have a minimum front yard setback of 40 feet. 2.Mixed-use developments where the front lot line does not abut a major traffic corridor must have a minimum front yard setback of 25 feet. C.Mixed Use Notification Requirements. The following notification requirements for mixed use developments in a designated EDC district apply: 1.Residents (owners and tenants) of new residential and mixed-use development projects in an Economic Development Corridor Zone where residential uses are allowed shall be notified in writing before taking up residence that they will be living in an urban-type environment and that noise levels may be higher than a strictly residential area. 2.The conditions of approval of a residential or mixed-use project within an Economic Development Corridor Zone will require prospective residents to acknowledge the receipt of the written noise notification. Signatures shall confirm receipt and understanding of this information. D.Restrictions on Land Uses and Activities in a Vertically Integrated Mixed-Use Development. Economic Development Corridor Zones featuring vertically integrated mixed- use developments shall be subject to the following use limitations: 1.Commercial, office or institutional development component shall comprise a minimum of 0.3 FAR of the overall development. a.A project consisting entirely of deed-restricted affordable housing will not be required to have a commercial feature component but shall be limited to the EDC districts’ residential percentage limit of the City’s General Plan. b.Commercial storefronts in the Community Core and Southern Gateway Zones are required along street frontages. Residential development(s) are not allowed street frontage in these EDC Zones. c.Live-work units are allowed as part of a mixed-use development. Dwelling areas in multi-family residential units are not allowed to be devoted solely to a commercial, office, or production activity. 2.Prohibited Land Uses and Activities in a vertically integrated mixed-use development. The following activities are prohibited within vertically integrated mixed-use developments: a.General auto repair including paint or body work, auto maintenance or similar use. b.Manufacturing or industrial activities, including, but not limited to, welding, machining or open flame work, except those necessary as part of an art or jewelry producing activity. c.Any other activity, as determined by the Community Development Director to be incompatible with residential activities and/or to have the possibility of adversely Page 135 impacting the health or safety of residents due to the potential for the use to create late-night activity, dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products or wastes, within individuals units or to adjoining/surrounding units. 3.Loading and unloading activities. Conditions of approval for a mixed-use development shall indicate the times when the loading and unloading of goods, products, supplies or similar items will occur. Loading or unloading activities are prohibited between 10:00 p.m. and 7:00 a.m. the following morning on any day of the week. 4.Conversion to Residential. A mixed-use building shall not be converted to entirely residential use unless the development is consistent with all of the standards of this chapter, including 9.140.050.D.1.b and 9.140.050.E.2 regarding street frontage and freeway adjacency. The conversion project proposal must first be reviewed and approved by the Planning Commission. A certificate of occupancy for the conversion is required. E.Special Requirements for Residential Uses in EDC Zones. All residential uses in EDC zones shall be subject to the following provisions: 1.Residential uses shall not exceed 15% of the total Economic Development Corridor acreage. 2.Residential developments are allowed as "stand alone" projects but not allowed on EDC parcels directly adjacent to a freeway. 3.New residential developments in the Economic Development Corridor Zones are required to include a commercial, office or institutional component and/or enter into an agreement with the City for the development of a commercial, office or institutional facility on another property within the same Economic Development Corridor Zone and within a specified time period. 4.Residential density limitations are established within the General Plan and are in addition to other applicable requirements of this chapter. F.Single Family Residential Developments in EDC Zones. Single Family residential uses in EDC zones shall be subject to the following requirements: 1.Single-family dwellings existing as of the effective date of the Ord. 2015-180, passed 11-18-2015 in an Economic Development Corridor Zone shall be considered as permitted uses and shall be subject to development standards for LDR-2 zone, as set forth in Chapter 9.130 of this Title or other zone as determined by the Community Development Director. 2.Tract maps approved prior to the effective date of this chapter located within any Economic Development Corridor Zone shall be considered a permitted residential use and shall be subject to the appropriate Residential Zone development standards of Chapter 9.130 of this Title, as determined by the Community Development Director. 3.Single-family residential portions of mixed-use developments shall be subject to the development standards of the appropriate residential zone in Chapter 9.130, as determined by the Community Development Director. G.Multi-Family Residential Developments in EDC Zones. Multi-family residential uses shall be subject to the development standards of the appropriate zone in Chapter 9.130, as determined by the Community Development Director. Page 136 H.Mixed-Use Multi-Family Developments in EDC Zones. The provisions of this section shall apply to multi-family residential portions of mixed-use developments in addition to other applicable requirements of this chapter. 1.Maximum Number of Bedrooms per Unit. No single dwelling unit shall have more than 4 bedrooms, unless otherwise approved by the Planning Commission. 2.Residential Building Separation. Residential developments and residential portions of mixed-use developments shall meet the minimum building separation requirements as established below: Minimum Building Separation (Same Recorded Lot) From 1 story to 1 story building 15 ft. From 1 story to 2 story building 20 ft. From 2 story to 2 story building 20 ft. Additional story either building 20 ft. plus 5 ft. per additional story above 2 for either building 3.Elevation of First Floor. The first habitable floor of a residential-only building shall be located not more than 4 feet above and not more than one foot below the elevation of the adjacent sidewalk or the finished grade 8 feet from of the foundation. 4.Open space, recreation and leisure area requirements for residential components of integrated mixed-use developments. Residential components of mixed-use developments shall provide open space, recreation, and leisure areas at a minimum of 300 square feet per dwelling unit. The following spaces shall contribute to the open space, recreation area, and leisure area requirement: a.Private Open Space. Private open space shall be provided at each unit. Private open space may be provided in the form of a patio, yard, balcony or combination thereof and shall be directly adjacent to and accessible from each unit. Private open space shall have a minimum area of 90 square feet, with a minimum depth dimension of 6 feet and a minimum width dimension of 10 feet. b.Active Recreation Areas. i.Active recreation areas shall include one or more of the following: spa, pool, indoor equipped work-out room(s), tennis, volleyball, racquetball courts, basketball half court, or other similar usable recreational activities as determined acceptable by the Planning Commission during a discretionary review. Active recreation areas shall be open to and accessible to all residents of the mixed-use complex. The required active recreational amenities shall be based on a needs assessment evaluation of the proposed project. The evaluation shall take into consideration the following criteria: a.Size and shape of active recreation area; b.Location and placement of buildings; c.Diversity of recreational amenities needed based upon anticipated resident mix; d.Number of units, size mixture of units, and lot size. Page 137 ii.Active recreation areas shall not be less than 20 feet in width or depth. Increased dimensions may be required through the discretionary review process based upon specific project circumstances and the intended use of that active recreation area. iii.Active recreation areas may be located indoors, in outdoor portions of habitable levels, or on roof decks. Active recreational areas located in this manner shall not contribute more than 50% of the required open space, recreation, and leisure areas, unless otherwise approved by the Planning Commission. iv.Active recreation areas shall be buffered from adjacent residentially zoned lots. Active recreation areas that feature such activities as pools, spas, court activities shall be placed and operated so as not to infringe upon the peacefulness of nearby residential units or adjoining residential properties. c.Passive Recreation Areas. Passive recreation areas shall incorporate pathways, waterscape, hardscape (i.e., large rocks or boulders, benches, gazebos, raised planters constructed on site of bricks, concrete or rocks, or other materials) and unique features that enhance the appearance, desirability and usability of the area. The intent is to provide landscaped areas that can be utilized for walking, sitting, viewing plants and vegetation, reading, and similar types of passive activities. Passive recreation areas shall have a minimum dimension of 10 feet in width and 30 feet in length. These areas shall not contribute more than 50% of the required open space, recreation and leisure areas. An area designated as a "Community Garden" may contribute up to 25% of the required open space, recreation and leisure area(s) of a residential development. d.Mixed Use Shared Passive Recreation Areas. Passive recreation areas and joint use patios and plazas may contribute to the requirement for open space, recreation and leisure areas. Passive areas are generally shared with commercial, office or institutional components in a mixed-use development. Passive recreation areas do not include areas used for outdoor dining, fenced or otherwise restricted for use by a single business or tenant. Shared passive recreation areas shall have a minimum dimension of 10 feet in width and 30 feet in length. Such areas shall not contribute to more than 25% of the required open space, recreation and leisure areas. 5.Additional multi-family residential unit requirements. Each residential unit in a multi- family component of a mixed-use development shall comply with the following requirements: a.Laundry Facilities. Each unit shall be provided with washer and dryer hookups and laundry space within the unit. For Apartment units, common laundry facilities may be provided. b.Storage Facilities. Each unit shall be provided with a separate storage area having a minimum of 300 cubic feet of private and secure storage space. This storage space may be located within the parking garage provided it does not interfere with garage use for automobile parking. Closet and cupboard space within the dwelling unit shall not count toward meeting this requirement. Chapter 9.145 Open Space/Conservation Zones Contents: Page 138 9.145.010 Purpose 9.145.020 Description and Intent of Zone 9.145.030 Allowed Uses and Approval Requirements 9.145.040 Development Standards 9.145.010 Purpose The purpose of this chapter is to establish Open Space and Conservation Zoning Districts in the city that provide appropriate locations for open space conservation, open space recreation, and open space water areas. These districts are consistent with and implement the City’s General Plan land use categories. The purpose of this zone is to permit the use of open space land within the City for the uses compatible with the protection of the natural and scenic resources for the benefit of the present and future generations. 9.145.020 Description and Intent of Zone The following descriptions of each open space/conservation zoning district identify the characteristic uses, intensity of uses, and level of development intended for that district: A.Open Space Conservation (OS-C). The protection of open space for natural hazard protection, and natural and scenic resource preservation. Existing agriculture is permitted to remain. B.Open Space Recreation (OS-R). Recreational uses including parks, trails, athletic fields, golf courses, and drainage corridors to be used as recreation facilities. Neighborhood parks are permitted within residential land uses. C.Open Space Water (OS-W). Includes bodies of water and natural or artificial drainage corridors. Recreational facilities such as parks and trails are also permitted in this designation if agreements can be reached with governing agencies. 9.145.030 Allowed Uses and Approval Requirements A.Allowed Use Table. Table 9.145.030-1 identifies allowed uses and corresponding approval requirements for the open space/conservation zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses on Table 9.145.030-1 shall be permitted in one or more of the open space/conservation zones as indicated in the columns corresponding to each zone. B.Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 9.145.030-1 authorize a use without satisfaction of such specified additional requirements C.Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination Page 139 pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate. Table 9.145.030-1 Open Space/Conservation Zones - Allowed Uses and Approval Requirements Allowed Use OS-C OS-R OS-W Additional Requirements Athletic field and clubhouse --P -- Bicycle paths, trails P P P Camps --C -- Campgrounds and recreational vehicle parks --C -- Cemeteries ------ Collection Containers ------ Commercial stables and riding academies --C -- Commercial fairgrounds and exhibitions --C -- Community center --C -- Community garden --P P Community recreation facilities as a part of a development --P -- Conservation lands, natural and scenic resource protection P P P Game courts, badminton, tennis, racquetball --P -- Golf course and clubhouse --C -- Government and public utilities facilities C C C Greenway P P P Hunting clubs, skeet, trap, rifle and pistol ranges --C -- Marijuana dispensaries, mobile marijuana dispensaries, marijuana cultivation, and marijuana processing ------ Nature and visitor centers P P -- Nurseries ------ Does not include cultivation of marijuana/cannabis. Parks and recreation areas C P C Public square or plaza --P -- Waterbodies, flood control facilities, including drainage channels, basins and any other drainage infrastructure improvements P P P Page 140 Table 9.145.030-1 Open Space/Conservation Zones - Allowed Uses and Approval Requirements Allowed Use OS-C OS-R OS-W Additional Requirements Wireless Communication Facilities C C C Chapter 9.290 (Wireless Communication Facilities) 9.145.040 Development Standards The development standards listed below are the minimum standards for development within the respective zones. Table 9.145.040-2 Open Space/Conservation Zones - Development Standards Standard OS-C OS-R OS-W Additional Requirements LOT DIMENSIONS (Minimum) Minimum Lot Area (Sq. Ft.)20,000 ---- FLOOR AREA RATIO Maximum Floor Area Ratio 0.10 0.10 -- YARDS/SETBACKS (Minimum) Setback from Street ROW (Feet)50 50 -- Setback from Adjoining Property Lines (feet)25 25 -- Building Height (Maximum) Building Height (Feet)20 35 -- Building Coverage (Maximum) Maximum Building Coverage (Percent)10%20%-- Open Space Coverage (Minimum) Open Space Required (Percent)90%80%100% Chapter 9.150 Public/Quasi-Public Facilities Contents: 9.150.010 Purpose 9.150.020 Description and Intent of Zone 9.150.030 Allowed Uses and Approval Requirements 9.150.040 Development Standards 9.150.010 Purpose Page 141 The purpose of this chapter is to establish public and quasi-public zoning districts in the city that provide appropriate locations for public/quasi-public facilities, public utility corridor, and transportation facilities, such as railroad. These districts are consistent with and implement the City’s General Plan land use categories. The districts provide locations in the city for necessary public services and facilities (e.g., fire and police stations) and locations utility corridors and transportation in close proximity to neighborhood residential. 9.150.020 Description and Intent of Zone The following descriptions of each public/quasi-public zoning district identify the characteristic uses, intensity of uses, and level of development intended for that district: A.Public/Quasi-Public Facilities (PF). Allows civic uses such as City administrative buildings (City Hall, fire stations, police stations, community centers), government offices, corporation yards (areas for the City or other public agencies to store equipment or vehicles), cemeteries, libraries. Applies to existing public and private schools at the elementary, junior high, and high school levels. Also includes institutions of higher learning. B.Public Utility Corridor (PUC). Indicates locations that contain easements for significant public utilities infrastructure, such as transmission lines. Improvements within utility easements may include parks, trails, nurseries, storage, or any other use that is compatible with adjacent land uses and permitted by the utility. Any uses proposed within these easements will require coordination with the appropriate utility provider. C.Rail (RX). Identifies property specifically for transportation purposes (e.g., light rail tracks/station, multi-modal transportation hubs, park and ride facilities). Such properties typically include transportation infrastructure (e.g., rails, catenaries, signals), but may also include related and supporting uses (e.g., stations with transit and services for riders). 9.150.030 Allowed Uses and Approval Requirements A.Allowed Use Table. Table 9.150.030-1 identifies allowed uses and corresponding approval requirements for the public/quasi-public zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses on Table 9.150.030-1 shall be permitted in one or more of the public/quasi-public zones as indicated in the columns corresponding to each zone. B.Approval Requirements. Where indicated with a letter “P” the use shall be a permitted use. A letter “C” indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a “--,” the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall table 9.150.030-1 authorize a use without satisfaction of such specified additional requirements C.Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have Page 142 substantially similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate. Table 9.150.030-1 Public/Quasi Public Zones - Allowed Uses and Approval Requirements Allowed Use PF PUC RX Additional Requirements Auditoriums, event centers and assembly areas, including live entertainment: Indoor Outdoor C C ----Chapter 9.250 (Alcohol Sales) Cemetery C ---- Churches, synagogues, temples and other religious facilities C ---- Collection Containers ------ College or university C ---- Community center P ---- Congregate care facilities ------ Chapter 9.270 (Community Care Facilities) Day care center C ---- Chapter 9.270 (Community Care Facilities) Educational Institution C ---- Fire or EMS facility C ---- Garages, public parking C ---- Government maintenance, storage, or distribution facility C C -- Government office P ---- Library P ---- Marijuana dispensaries, mobile marijuana dispensaries, marijuana cultivation, and marijuana processing ------ Museum P ---- Nursery --P -- Does not include cultivation of marijuana/cannabis. Park and recreation areas P P -- Park and Ride P P P Police station or substation P ---- Page 143 Table 9.150.030-1 Public/Quasi Public Zones - Allowed Uses and Approval Requirements Allowed Use PF PUC RX Additional Requirements Post office P ---- Public utility use and facilities P P -- Railroad tracks, station, transportation hub, passenger terminal ----C Residential Care Facility ------ Chapter 9.270 (Community Care Facilities) Senior center C ---- Wireless Communication Facilities C C C Chapter 9.290 (Wireless Communication Facilities) 9.150.040 Development Standards The development standards listed below are the minimum standards for development within the respective zones. Table 9.150.040-2 Public/Quasi Public Zones - Development Standards Standard PF PUC RX Additional Requirements LOT DIMENSIONS (Minimum) Net Lot Area (Sq. Ft.)7,000 ---- Lot Width (Feet)50 ---- Lot Depth (Feet)100 ---- YARDS/SETBACKS (Minimum) Front yard setback (Feet)25 25 -- Side Yard Setback, Interior (Feet)10 10 -- Side Yard Setback, Street (Feet)15 15 -- Rear Yard Setback (Feet)15 15 -- BUILDING HEIGHT (Maximum) Building Height (Feet)35 35 -- BUILDING COVERAGE (Maximum) Lot Coverage (Percent)35%35%-- OPEN SPACE COVERAGE (Minimum) Landscaped Open Space (Percent)25%25%-- Chapter 9.155 Special Planning Areas Page 144 Contents: 9.155.010 Purpose 9.155.020 Adopted Specific Plans 9.155.030 Planned Development Districts 9.155.010 Purpose This Chapter lists all of the adopted specific plans and planned developments established in the City including any special provisions or procedures that apply to those special planning areas. 9.155.020 Adopted Specific Plans The following specific plans have been approved by the City, or by the County of Riverside prior to incorporation of the City. They are designated on the official zoning map of the City and are hereby incorporated into this Title in their entirety by reference. SP-1 Audie Murphy Ranch SP-2 Cal Neva SP-3 Cantalena SP-4 Canyon Cove SP-5 Canyon Heights SP-6 Cimarron Ridge SP-7 Countryside SP-8 Fleming Ranch (in process) SP-9 Menifee East SP-10 Menifee Commercial (Walmart) SP-11 Menifee North SP-12 Menifee Valley Ranch SP-13 Menifee Village SP-14 Newport Estates SP-15 Newport Hub SP-16 Plaza Del Sol SP-17 Town Center A.Future specific plans shall be prepared and adopted in accordance with Chapter 9.100 (Specific Plans). They shall be numbered consecutively with the prefix “SP.” 9.155.030 Planned Development Districts Page 145 The following planned developments have been approved by the City, or by the County of Riverside prior to incorporation of the City. They are designated on the official zoning map of the City. The standards and conditions of approval of each planned development are adopted by resolution and shall be maintained and kept on file for public review by the Community Development Department. A.PD-1: Underwood (TR 29835) 1.Lots created by this map shall conform to the following design standards: 2.The front yard setback is 20 feet. 3.The side yard setback is 5 feet, except that side yard areas may be reduced if the dwelling units are arranged so that the party wall is on the lot line. 4.The rear yard setback is 10 feet, except where a rear yard abuts a street, then the setback shall be the same as the front yard setback. 5.The minimum lot width for lots 7,200 square feet or greater is 65 feet with an average of 70 feet. For lots less than 7,200 feet, the minimum lot width is 50 feet with a minimum of fifty percent having road frontages of fifty-five feet. 6.One family residences shall not exceed 40 feet in height. 7.The minimum parcel size is 5,000 square feet. 8.No more than 50% of the lot shall be covered by the structure. 9.Residential driveway approaches shall be a minimum of 12 feet and a maximum of 30 feet in width, and 20 feet of full height curb is required between driveways within any one property frontage. B.PD-2: McCall South (TR 17730) 1.A minimum over-all area for each dwelling unit, exclusive of the area used for commercial purposes and area set aside for street rights of way, but including recreation and service areas shall be 6000 square feet. 2.The minimum lot area for the individual lots used as a residential building site shall be 3500 square feet. The minimum width of each lot shall be 40 feet and the minimum depth shall be 80 feet. 3.One-family residences shall not exceed 40 feet in height. All other buildings and structures shall not exceed 50 feet in height, unless a height up to 75 feet is specifically permitted. 4.The front, rear, and side yards shall be not less than that established as follows, except that side yard areas may be reduced if the dwelling units are arranged so that the party wall is on the lot line. 5.The minimum front and rear yards shall be 10 feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height shall be set back form the front and rear lot lines no less than 10 feet plus 2 feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from any existing or future street line as shown on any specific street plan. The rear setback shall be Page 146 measured from the existing rear lot line of from any recorded alley or easement; if the rear lot line adjoins a street, the rear setback requirement shall be the same as required for a front setback. 6.The minimum side yard shall be 5 feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height shall be set back from each side lot line 5 feet plus 2 feet for each foot by which the height exceeds 35 feet; if the side yard adjoins a street, the side setback requirement shall be the same as required for a front setback. 7.The recreation areas shall be of a size, based on the particular use, adequate to meet the needs of the anticipated population, and shall be arranged so as to be readily accessible to the residents of the subdivision. 8.Adequate and permanent access from a public street to each family dwelling shall be provided for pedestrians and emergency vehicles. 9.A 6’ access/exposure are must be guaranteed between structures. This should take the form of a deed restriction recorded in such a way that it appears on all land use maps and prohibits any future construction. All walls and roofs on the lot line are to be 1 hour. No portion of the walls, roofs, eaves, or any projections are to extend over the lot lines. C.PD-3: McCall SouthWest (TR 15383) 1.The allowable density of a project will be determined by the physical and service constraints of the property and the area in which the property is located; however, the density of each approved development must exceed four units per gross acre. 2.The minimum lot area for single family detached developments shall be 3600 square feet, except that minimum lot areas may be reduced to 2500 square feet as a part of a zero lot line attached unit project. 3.Lots shall have a minimum frontage of 30 feet except that minimum frontage may be reduced on knuckles and cul-de-sacs or as part of an approved zero lot line attached unit housing project. 4.A minimum of 30% of each lot’s net area in a single-family development shall be designed for usable open space. Usable open space shall be defined as those portions of the site not encumbered by a structure. The net lot area is defined as the total are contained within the property lines. Side yard setbacks shall be approved as part of the design of the project. Setbacks for garages that open parallel with the access way shall not be less than 20 feet. 5.A minimum of 20% of the net lot area for apartment developments shall be in usable open space. Minimum front and rear yard setbacks shall be 10 feet. Additional setbacks, including side yards, may be required depending on the height of the structure and adjacent land uses. All apartment projects shall contain at least four dwelling units. No application for conversion of an apartment building to condominiums or any other form of cooperative or units that may be sold individually, shall be accepted by the Planning Director, unless the matter has first been presented to and approved by the Board of Supervisors as being consistent with the intent and purpose of the original approval of the project to provide affordable housing. Page 147 6.Patio covers shall be setback five (5) feet from any lot line. 7.One-family residences shall not exceed 35 feet in height. All other uses shall not exceed 50 feet in height. 8.Patio covers shall be setback five (5) feet from any lot line and shall comply with and maintain the standards set forth within the current Building Code. 9.One off-street parking space shall be required for each dwelling unit, notwithstanding the apartment building parking standards. 10.Open space or recreational facilities proposed in a project shall be subject to approval of the County. 11.Streets providing circulation within a development shall be constructed to a minim width of 36 feet within a 56-foot right-of-way for major interior streets and a minimum width of 32 feet of improvements within a 50-foot right-of-way for minor interior streets and cul-de-sac streets. D.PD-4: Stonegate (TR 31456) 1.The front yard setback is 20 feet. 2.The side yard setback is 5 feet. 3.The street side yard setback is 10 feet. 4.The rear yard setback is 10 feet, except where a rear yard abuts a street, then the setback shall be the same as the front yard setback. 5.The minimum average width of each lot is 60 feet. 6.The maximum height of one family residence is 40 feet. 7.The minimum parcel size is 7,200 square feet. 8.No more than 50% of the lot shall be covered by structure. 9.Residential driveway approaches shall be a minimum of 12 feet and a maximum of 30 feet in width, and 20 feet of full height curb is required between driveways within any one property frontage. E.PD-5: Golden Meadows (TR 31194) 1.The front yard setback is 20 feet. 2.The side yard setback is 5 feet. 3.The street side yard setback is 10 feet. 4.The rear yard setback is 10 feet (R-1), 15 feet (R-4) except where a rear yard abuts a street, then the setback shall be the same as the front yard setback. 5.The minimum average width of each lot is 65 feet (R-1) and 50 feet (R-4). Page 148 6.The maximum height of any building is 40 feet. 7.The minimum parcel size is 6,000 square feet. 8.No more than 50% (R-1) of the lot shall be covered by structure. 9.Residential driveway approaches shall comply with Ordinance No. 461, Standard No. 207. Page 149 Page 150 F.PD-6: Nautical Cove (TR 31229) 1.The front yard setback is 20 feet. 2.The side yard setback is 5 feet. 3.The street side yard setback is 10 feet. 4.The rear yard setback is 10 feet, except where a rear yard abuts a street, then the setback shall be the same as the front yard setback. 5.The minimum width of each lot is 40 feet and the minimum depth of each lot is 80 feet. 6.The maximum height of one family dwellings is 40 feet and no other building or structure shall exceed 50 feet. 7.The minimum lot size is 6,000 square feet. 8.Residential driveway approaches shall be a minimum of 12 feet and a maximum of 30 feet in width, and 20 feet of full height curb is required between driveways within any one property frontage. 9.Lots 47, 49, 57, 118, 119, 195, 210, 222, 223, 224 shall exceed the width to depth ratio of Ordinance 460, Article III, Section 3.8, "Lots", C. G.PD-7: Tierra Shores (TR 29837) 1.A minimum over-all area for each dwelling unit, exclusive of the area used for commercial purposes and area set aside for street rights of way, but including recreation and service areas shall be 6000 square feet. 2.The minimum lot area for the individual lots used as a residential building site shall be 3500 square feet. The minimum width of each lot shall be 40 feet and the minimum depth shall be 80 feet. 3.One-family residences shall not exceed 40 feet in height. All other buildings and structures shall not exceed 50 feet in height, unless a height up to 75 feet is specifically permitted. 4.The front, rear, and side yards shall be not less than that established as follows, except that side yard areas may be reduced if the dwelling units are arranged so that the party wall is on the lot line. 5.The minimum front and rear yards shall be 10 feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height shall be set back form the front and rear lot lines no less than 10 feet plus 2 feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from any existing or future street line as shown on any specific street plan. The rear setback shall be measured from the existing rear lot line of from any recorded alley or easement; if the rear lot line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Page 151 6.The minimum side yard shall be 5 feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height shall be set back from each side lot line 5 feet plus 2 feet for each foot by which the height exceeds 35 feet; if the side yard adjoins a street, the side setback requirement shall be the same as required for a front setback. 7.The recreation areas shall be of a size, based on the particular use, adequate to meet the needs of the anticipated population, and shall be arranged so as to be readily accessible to the residents of the subdivision. 8.Adequate and permanent access from a public street to each family dwelling shall be provided for pedestrians and emergency vehicles. 9.All street side yard setbacks shall be a minimum of ten (10) feet. 10.Building separation between all buildings shall not be less than ten (10) feet. Fireplaces may encroach one (1) foot into the side yard setback. Additional encroachments are only allowed as permitted by the Community Development Department. 11.Prior to building permit issuance a revised design manual shall be submitted showing the restriction on two story homes no more than 50 percent of the total project number. Additionally, no more than two houses in a row shall have a second story. 12.Garage door setbacks for all residential zones shall be 24 feet for a conventional door or 20 feet for a roll-up door, measured from the back of the sidewalk to the face of garage door of the face of the curb if no sidewalk is required, or 20 feet from the street right-of- way, whichever setback is greater. Future planned developments shall be prepared and adopted in accordance with Chapter 9.75 (Planned Developments) and numbered consecutively with the prefix “PD.” ARTICLE 4: SITE DEVELOPMENT REGULATIONS AND PERFORMANCE STANDARDS Contents: Chapter 9.160 General Development Standards Chapter 9.165 Accessory Structures Chapter 9.170 Cluster Development Subdivisions Chapter 9.175 Dedications and Improvements Chapter 9.180 Density Bonuses, Incentives, and Concessions Chapter 9.185 Fences, walls and screening Chapter 9.190 Hillside Development Standards Chapter 9.195 Landscaping Standards Chapter 9.200 Tree Preservation Chapter 9.205 Lighting Standards Chapter 9.210 Performance Standards Chapter 9.215 Parking and Loading Standards Chapter 9.220 Sign Regulations Page 152 Chapter 9.225 Waste Storage Facilities Chapter 9.230 Utilities Chapter 9.160 General Development Standards Contents: 9.160.010 Purpose 9.160.020 Applicability 9.160.030 Setback Requirements and Exceptions 9.160.040 Building Height Measurements and Exceptions 9.160.050 Access 9.160.060 Intersection Sight Distance 9.160.010 Purpose The purpose of this chapter is to provide general development standards in order to ensure that future development is well designed, has a desirable character, and is integrated with existing and future development. 9.160.020 Applicability The standards of this chapter apply to more than one zoning district (residential, commercial, etc.). To eliminate redundancies, these standards have been combined in this chapter. These standards shall be considered in combination with any additional standards outlined in the individual zones included in Article III (Zones). Where there may be a conflict, the standards specific to the zoning district standard shall override the general standards in this chapter. 9.160.030 Setback Requirements and Exceptions This section establishes standards to ensure the provision of open areas around structures for visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation. A.Setback Requirements. All structures shall conform with the setback requirements established for each zoning district by Article 3 (Zones), and with any special setbacks established for specific uses by this Title. Except as otherwise specified in this Title, required yard areas shall be kept free of buildings and structures. Each yard shall be open and unobstructed from the ground upward, except as provided in this section. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way. B.Exemptions from Setback Requirements. The minimum setback requirements of this Title apply to all uses except the following: 1.Fences or walls constructed within the height limitations of this Title; 2.Decks, freestanding solar devices, steps, terraces and other site design elements that are placed directly upon the finished grade and do not exceed a height of 18 inches above the surrounding finished grade at any point; 3.Retaining walls less than 3 feet in height above the finished grade; Page 153 4.Water elements such as fountains, ponds and other water treatments, may be placed in setback areas, provided they are integral to the overall architectural or landscape design of the site and do not create a traffic safety hazard; 5.Public art, such as sculptures, statues, murals and other installations of an adequately durable and weatherproof design, may be placed in street setback areas, provided they are integral to the overall architectural or landscape design of the site and do not create a traffic safety hazard. C.Measurement of Setbacks. Setbacks shall be measured as follows (see Figure 9.160.030-1): 1.Front Yard Setbacks. Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street. The setback shall be measured at right angles from the front property line, establishing a setback line parallel to the front property line that extends from the side property lines on each side. In the case of a lot abutting two or more streets (corner lot), the front yard shall be the shortest length of the lot abutting a street, unless otherwise designated by the Community Development Director. a.Flag Lots. The measurement shall be taken from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel, establishing a building line parallel to the lot line nearest to the public street or right-of-way. 2.Interior Side Yard Setbacks. The interior side yard setback shall be measured at right angles from the nearest point on the interior side property line, establishing a setback line parallel to the side property lines that extends between the front and rear yards. 3.Corner Side Yard (street side) Setbacks. The side yard on the street side of a corner parcel shall be measured at right angles from the nearest point of the side property line adjoining the street, establishing a setback line parallel to the side property line that extends between the front and rear yards. 4.Rear Yard Setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel, establishing a setback line parallel to the rear property line that extends between the side property lines. 5.Through Lots. On through lots, either lot line separating such lot from a street may be designated as the front lot line. In such cases, the minimum rear yard shall not be less than a required front yard in the zone in which such lot is located. Page 154 Figure 9.160.030-1 Setback Designations D.Allowed Projections into Setbacks. The following architectural features, not providing additional floor space, may extend into the front, side and rear yard setbacks, only as follows: 1.Chimneys/Fireplaces. A chimney/fireplace, up to 6 feet in width, may extend 2 feet into a required setback, but no closer than 3 feet to a side or rear property line. 2.Canopies, Cornices, Eaves, Roof Overhangs and Wall Projections. Architectural features on the primary structure, including, but not limited to, balconies, bay windows, canopies, cornices, eaves, wall projections, overhangs and decorative features, that do not increase the floor area enclosed by the structure may extend 2 feet into required yards. 3.Porches and Stairways. Covered, unenclosed porches, located at the same level as the entrance floor of the structure and outside stairways and landings that are not enclosed, may extend 3 feet into required yards, with a minimum 5-foot setback to the rear property line. 4.Attached Covered Patios. Covered but unenclosed patios and pergolas attached to the primary structure may extend 6 feet into a required rear yard. 5.Mechanical Equipment. Ground- mounted outdoor air conditioning units and mechanical equipment for indoor climate control, or solar equipment may extend 3 feet Page 155 into rear yard and 2 feet into side yard. Mechanical equipment is not permitted in the front yard. 6.Swimming Pools, Spas, and Hot Tubs. Swimming Pools, Spas, and Hot Tubs shall comply with the setbacks noted in Table 9.160.030-1. Table 9.160.030-1 Swimming Pools, Spas, and Hot Tubs – Setback from Property Line Based on Water’s Edge Zone Front Yard Rear Yard Interior Side Yard AG, RM, RR5, and RR2 10 ft 5 ft 5 ft RR1, RR1/2, LDR-1, LDR-2, LMDR and MDR Not permitted 5 ft 5 ft Other 10 ft 10 ft 10 ft Notes: 1.The water’s edge of a swimming pool, spa, hot tub and any associated water slide, rock feature or other structure shall be used to determine setback distance. 2.Pools and spas shall be enclosed by walls or fences no less than 5 feet in height per the California Building Code. 3.Pool equipment shall be screened from view from the front yard and from ground view from adjacent dwelling units. 9.160.040 Building Height Measurements and Exceptions The following rules apply to the calculation and determination of height of structures in the city. The intent of these regulations is to provide for compatibility in the measurement of building height under a variety of circumstances (e.g., sloped site). E.Height Measurement. The height of a structure shall be measured as the vertical distance from the average finished grade at the perimeter of the structure to the highest point of the structure. F.Height Limits. Height limits are established throughout this Title. Primarily, height limits are listed in the chapters of Article 3 (Zones) in development standards by zone. Additional height limits are established for accessory structures, fences and walls, outdoor lighting and signs and are contained in subsequent chapters of this Article 4. G.Height Exceptions. Height limits typically exclude architectural features and appurtenances such as, but not limited to, chimneys, antennas, elevators, windmills and similar mechanical equipment. 1.Architectural Features. Chimneys, cupolas, flagpoles, monuments, radio and other towers, gas storage holders, water tanks and similar structures and mechanical appurtenances may be permitted in excess of building height limits by no more than 15 feet, provided, however, that the same may be safely erected and maintained at such height in view of the specific conditions and circumstances affecting the structure and adjacent properties. 2.Structures in Residential Districts. Page 156 a.Antenna, Noncommercial. One noncommercial antenna may be permitted up to 52.5 feet in height for each parcel. Antennas shall be set back from all property lines at least 1.25 times the height of the antenna. Height does not include the additional height of whip antennas. Additional antennas shall require a conditional use permit. b.Windmills, Noncommercial. One noncommercial windmill may be permitted up to 35 feet in height for each parcel. Structures shall be set back from all property lines at least 1.25 times the height of the structure, measured to the top of the highest element of the structure. Additional windmills shall require a conditional use permit. Up to a 50% increase in height, to 52.5 feet, may be approved subject to a conditional use permit. 9.160.050 Access A.Access to Streets. Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road, or a private street or road, conforming to city standards. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking. B.Access to Structures. 1.Accessory structures and architectural features shall not obstruct access to primary structures or accessory living quarters. Also refer to Chapter 9.200 (Accessory Structures). 2.Fences and walls blocking access shall incorporate an access gate or other suitable opening at least 12 feet or greater in width, or per Fire Department requirements, to provide vehicle access to parking areas and at least 48 inches in width to allow pedestrian access to primary or accessory structures. 9.160.060 Intersection Sight Distance A.A sight visibility area shall be provided at the intersection of all streets and of all streets and major driveways leading to common parking areas (excluding single-family residential). B.Nothing shall be placed or allowed to grow in the corner cutoff area greater than 36 inches from the top of the curb that obstructs visibility or threatens vehicular or pedestrian safety. The dimensions of the corner site visibility area shall be measured from the curb return at each side of the curb radius. The sight visibility area requirement is based upon the type of street as follows: 1.Local street or alley: 15 feet. 2.Collector or arterial: 25 feet. Page 157 Figure 9.160.060-2 Corner Site Visibility – Local Street or Alley; Collector or Arterial Chapter 9.165 Accessory Structures Contents: 9.165.010 Purpose 9.165.020 Applicability 9.165.030 Development Standards 9.165.040 Permit Requirements 9.165.050 Metal Shipping Containers 9.165.060 Existing Registered Metal Shipping Containers 9.165.070 Removal or Plot Plan Approval of Non-Conforming Metal Shipping Containers 9.165.010 Purpose This chapter establishes regulations for the design and location of accessory structures in residential zones to help ensure that such structures are adequately designed and are integrated and compatible with the character of the primary structure on a lot and that of the surrounding properties. Provisions regulating the use of metal shipping containers as accessory storage facilities on residentially designated properties are also included in this chapter. 9.165.020 Applicability The regulations in this chapter apply only to agricultural and residential zones in Menifee, including AG, RM, RR5, RR2, RR1, RR1/2, LDR-1, LDR-2, LMDR, MDR, MHDR and HDR. Nonconforming accessory structures are addressed in Chapter 9.15. 9.165.030 Development Standards An accessory structure (not including metal shipping containers, see Section 9.165.050-110) is permitted in all residential zones subject to the following requirements, which are in addition to any requirements of that residential zone. Page 158 A.Location. Accessory structures shall be located only in rear and interior side yards or within the allowable buildable area. B.Height. Accessory structures shall not exceed a height of 16 feet, except they shall be allowed up to the maximum building height in the agricultural and rural residential zones. C.Separation. Accessory structures shall be located at least 10 feet from the primary building and at least 5 feet from another accessory structure. D.Setbacks. Setback requirements and the placement of accessory structures in the required yards are set forth in Table 9.165.030-1, Accessory Structures Setbacks. Table 9.165.030-1 Accessory Structures Setbacks Accessory Structure Front Yard1 Rear Yard1 Interior Side Yard1 Accessory Dwelling Units Not permitted 10 ft1 5 ft Carports Not permitted 5 ft for support column 2 ft Garage 20 ft (Entrance faces street) 10 ft (Entrance from side not facing front yard) 10 ft 5 ft Gazebo/garden structure Not permitted 5 ft 5 ft Detached guest house Not permitted 10 ft 5 ft Solar Equipment Not permitted 3 ft 3 ft Storage/utility storage Not permitted 3 ft 3 ft Notes: 1If the zoning classification of a particular property provides for a different front, rear, or side yard setback, the smaller setback shall apply. E.Accessory uses and structures shall be incidental to and not alter the residential character of a parcel. F.No accessory structure, or total square footage of multiple accessory structures, shall occupy more than 30% of the rear yard of a parcel. No accessory structure shall be greater than 600 square feet for lots less than one-half acre, 900 square feet for one-half to 1 acre, or 3,000 square feet for lots greater than 1 acre. G.Lot coverage calculations shall include all enclosed accessory structure area on a lot or parcel. H.In the case of through lots, no accessory structure shall encroach upon the required front yard on either street. In the event that the front yard and rear yards cannot be clearly determined, the Community Development Director will determine the required setbacks. I.Underground facilities shall not be subject to the height limitations. J.Accessory structures shall include eaves or overhangs and be compatible with the materials, colors and architecture, including roof pitch, of the primary building or residence. Page 159 K.Bare metal buildings (metal buildings without paint or exterior architectural coatings or treatments) shall be prohibited. L.Accessory structures shall not be placed within a lot in a manner which would cause significant environmental impacts to drainages, watercourses, sensitive habitat, or archeological or paleontological resources. M.An accessory structure used for vehicle storage shall have clear, unobstructed access to the structure across the parcel. No additional curb cuts may be installed for the accessory structure unless otherwise approved by the City Engineer. N.The use of metal storage container(s) to construct an underground facility shall be prohibited. O.No accessory structure shall be erected unless a primary building exists on the parcel. 9.165.040 Permit Requirements A.In any residential zone or where the principal use of a lot is a dwelling, the approval of a Plot Plan pursuant to Article 2, Chapter 9.80, of this Title shall be required for any accessory structure over 120 square feet. B.If the property on which an accessory structure is proposed is within a high fire area, clearance from the Riverside County Fire Department–Planning will be required prior to approval of the application. C.Applicants for an underground facility shall complete a study analyzing the archaeological or paleontological impacts if their property is located in an area that is archaeologically sensitive per City records or has a high potential for paleontological impacts as indicated by the City's Geographical Information System. D.A public hearing pursuant to Article 2, Section 9.30.080, of this Title shall be required for any accessory structure which is not exempt from the California Environmental Quality Act (CEQA) or includes a variance. 9.165.050 Metal Shipping Containers Metal shipping containers shall conform to the following standards: A.Use. 1.Metal shipping containers shall be allowed in all zones on a temporary basis during construction, grading operations when utilized solely for the storage of supplies and equipment that are used for the construction, grading on that site. 2.Within Agriculture and Rural Residential zones, metal shipping containers shall be an accessory use for storage and shall not be used for habitable space, except as allowed by subsection below. 3.Alternative allowances, including size, screening, condition, location, or habitation, may be considered and approved by the Planning Commission under review and approval a Conditional Use Permit. B.Minimum Lot Size. 1.No new Metal Shipping Containers may be placed on lots of less than 2 acres. 2.No more than one (1) shipping container is allowed on lots of 2-5 acres. 3.No more than two (2) shipping containers are allowed on lots of 5 acres or greater. Page 160 C.Setbacks. Metal shipping containers shall not be located closer than 50 feet from any property line, nor within the area in front of the leading edge of the home upon the residential property, or within any required parking space. D.Enhancements. 1.Metal Shipping Containers shall be painted a neutral earth-tone or a color consistent with the principal building or dwelling unit. 2.Metal shipping containers shall be screened from view of public rights-of-way or adjacent residential properties by residential structures, landforms or physical features of the lot, landscaping or opaque fencing of up to 6 feet in height with any visible remaining exterior portion of the container(s) painted in a manner compatible with the principal residence or to blend with the existing landscaping on-site. 3.Screening shall be waived if the container(s) is/are completely encased within an on- site, stick-built skin and eaves, which are architecturally consistent with the primary residence on-site. E.Size. Containers shall not exceed 50 percent of the floor area of the primary residence on- site, inclusive of all accessory structures. F.Placement. 1.Metal shipping containers shall conform with all health, safety development, and environmental requirements. 2.Metal shipping containers shall not be placed upon a residential lot in a manner which would cause significant impacts to drainages, watercourses, sensitive habitat, or archeological or paleontological resources. 3.Metal shipping containers shall not be stacked vertically. 9.165.060 Existing Registered Metal Shipping Containers All existing metal shipping containers in place on residentially designated properties within the City 30 days prior to adoption of Ordinance 2014-142, which adoption occurred on August 20, 2014, and for which a metal shipping container notification/registration was filed with the Community Development Department on or before September 19, 2015, are hereby ratified and allowed to remain on the residential property in the same location and placement. Existing containers may not be moved, repositioned or relocated, except in conformance with Section 9.165.050. All metal shipping containers in place on the effective date of adoption of Ordinance 2014-142 must have been registered with the Community Development Department by September 19, 2015. If a property owner, or individual in control of the property, failed to comply with the notification requirement, the property owner may be ordered to remove the containers from the residential property, at the discretion of the Community Development Director. Any such order by the Community Development Director shall be subject to the appeal provisions of Section 2.20.150 of the Menifee Municipal Code. An appeal fee shall be submitted with any notification requirement appeal application until an alternative notification requirement appeal fee is established by City Council resolution. 9.165.070 Removal or Plot Plan Approval of Non-Conforming Metal Shipping Containers Page 161 A.All non-conforming or unpermitted metal shipping containers shall obtain plot plan approval or shall be removed from residential property prior to or upon the property’s sale or transfer. Failure of the property owner, or individual in control of a property, to obtain plot plan approval or remove all containers from a residentially designated property in conformance to this chapter shall be in violation of the Menifee Municipal Code. B.It is the responsibility of the residential property owner, that prior to or upon the sale, transfer or any change in ownership of residential property where a container(s) are located, to remove or obtain plot plan approval for all non-conforming or unpermitted metal shipping containers from that residential property. Non-conforming or unpermitted metal shipping containers not so approved or removed in accordance with the provisions of this section at the time of sale or transfer shall be, by the authority of this chapter, in violation of this chapter and be subject to removal at a date determined by the City. C.If a property owner, or individual in control of the property, failed to comply with the notification requirement of Ordinance 2014-142, the property owner may be ordered to remove the containers from the residential property, at the discretion of the Community Development Director. Any such order by the Community Development Director shall be subject to the appeal provisions of Section 2.20.150 of the Menifee Municipal Code. An appeal fee shall be submitted with any notification requirement appeal application until an alternative notification requirement appeal fee is established by City Council resolution. Chapter 9.170 Cluster Development Subdivisions Contents: 9.170.010 Purpose 9.170.020 Authorization 9.170.030 Applicability 9.170.040 Development Standards 9.170.010 Purpose The purpose of cluster development subdivision development is to provide: A.Site planning and unity of design in harmony with the natural features and constraints of specific sites, and particularly on sites with unique or severe topographic or hydrologic features and biological resources. B.Protection of natural, historic and man-made elements of scenic, environmental or cultural significance. C.Design innovation. D.Flexibility of siting of structures and roadways. E.More cost-effective development due to decreased grading and more efficient servicing of the development with utilities, roads and other essential services. F.Additional open space for private or community purposes. G.A preferred planning tool for the development of land within constrained or otherwise lands suitable for preservation. 9.170.020 Authorization Page 162 For the purpose set forth earlier in this chapter and to promote natural resource preservation and conservation and to minimize the construction and maintenance costs of community facilities and utilities, all directed toward the objective of fostering land development of good quality and design at reasonable economic cost, the Planning Commission is hereby authorized to review and act upon all cluster development subdivisions in accordance with the following provisions. In all cases, the Planning Commission shall have the full authority of subdivision approval, approval with conditions or denial, as authorized by the Subdivision Map Act. 9.170.030 Applicability This chapter applies to any proposed single-family residential development that would benefit from or achieve one or more of the purposes. Cluster development subdivisions shall be permitted for a residential development consisting of five or more residential lots. 9.170.040 Development Standards A.General Standards. Cluster development subdivisions, and adjustments of residential lot standards, shall comply with the following standards: 1.All development shall be located on the more level and unconstrained portions of the site, while steeper and environmentally sensitive areas shall be preserved in a natural state. 2.Lots developed through cluster development subdivisions may be smaller in size than would be allowed by the underlying zone, so long as the following occurs: a.The resultant development generally retains the architectural mass, bulk and scale of surrounding/existing development. b.The resultant development preserves, as much as feasible, other environmentally sensitive areas or habitat on-site. B.Lot Count. The permitted number of dwelling units may not exceed the number which could be permitted, taking into consideration natural and regulatory constraints, if the parcel(s) were subdivided into lots conforming to all the normally applicable requirements of this Title, including the Subdivision Ordinance, and all other applicable laws and standards. The basis for this determination will be a conceptual conventional subdivision map layout for the subject parcel(s), and any other information as may be required by the Planning Commission. C.Cluster Development Subdivisions. At the written request of the applicant, the Planning Commission may modify the zoning regulations in one-family residence districts with respect to lot area and dimensions provided that: 1.Such modifications result in design and development which promote the most appropriate use of the land, facilitate the adequate and economical provision of streets and utilities, and preserve the natural and scenic qualities of open lands. 2.The permitted number of dwelling units in no case exceeds the number which could be permitted, in the Planning Commission’s judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Subdivision Ordinance, and all other applicable standards. Page 163 3.The maximum permitted building height and the minimum permitted floor area requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located. 4.The dwelling units permitted may be detached, semi-detached or attached structures, provided there shall be no more than six dwelling units in any single structure. 5.Open Space Requirements. a.Cluster development subdivisions shall be designed to save as much of the natural open space as feasible, but in no case shall the open space be less than 25% of the gross site area. b.Conservation open space ownership and control shall be only by one of the following: i.As part of an individual, private lot with recorded open space covenants running with the land. ii.By the City of Menifee, as legally dedicated to and approved by the City Council. iii.By the Western Riverside County Resource Conservation Authority. iv.By a qualified nonprofit conservation organization as deemed acceptable by the City. c.Conservation open space does not include public or private streets, driveways, parking areas, channelized drainage ways and disturbed, unvegetated areas. 6.In addition to compliance with any special standards, requirements and procedures as set forth in this chapter, cluster development subdivisions shall also be subject to review and public hearing by the Planning Commission in accordance with the same procedures as would otherwise be applicable to conventional subdivisions. 7.Upon the filing of the subdivision map in the office of the County Clerk, a copy shall be required to be filed with the City Clerk, who shall make the appropriate notations and references thereto on the official copy of the Zoning Map. Chapter 9.175 Dedications and Improvements Contents: 9.175.010 Purpose 9.175.020 Applicability 9.175.030 Project Review and Permit Requirements 9.175.040 General Dedication and Improvement Requirements 9.175.050 Single-Family Residential Dedication and Improvement Requirements 9.175.060 Multi-Family, Commercial and Industrial Dedication and Improvement Requirements 9.175.070 Delay, Deferral or Waiver of Street Dedications and Improvements 9.175.010 Purpose Page 164 The purpose of this chapter is to outline procedures to comply with the City's requirements for dedications and improvements for non-subdivision projects. In addition, this chapter identifies procedures for granting a delay, deferral or waiver for required street dedications and improvements. 9.175.020 Applicability The standards contained in this chapter shall apply to the following: A.New Uses and Buildings. All new buildings constructed and all uses established after the effective date of this ordinance shall provide street dedications and improvements as required by this chapter. B.Existing or Modified Uses and Buildings. Modified uses or buildings which would result in an increase or intensification in vehicular and/or pedestrian traffic shall provide street dedications and improvements as required by the chapter. Additions that exceed 650 sq. ft. could be subject to provide street dedications and improvements as required by this chapter. C.Exceptions. The requirements of this chapter for street dedications and/or improvements may be delayed, deferred, or waived in accordance with the procedures set forth in Section 9.175.070 (Delay, or Deferral or Waiver of Street Dedications and Improvements). 9.175.030 Project Review and Permit Requirements Street dedication and improvement requirements, as well as other potential off-site improvements, shall be imposed during review of any permit for a discretionary approval for development projects. Additional approvals may need to be obtained prior to work commencing for improvements in the public right-of-way, including obtaining an encroachment permit. 9.175.040 General Dedication and Improvement Requirements A.Prior to the issuance of a Certificate of Occupancy for any building, any new construction and associated improvements shall be subject to the requirements of this chapter. The City Public Works Director or City Engineer shall review development and associated improvements to determine the following: 1.That all of the required dedications have been provided, as required by the approved development plans. 2.That all of the required street improvements have either been installed or that a cash deposit, surety bond or other form of surety acceptable to the City in an amount equal to the estimated cost of the street improvements has been posted with the City to ensure the installation of said street improvements. 3.In the event a property owner does not commence and complete the improvements within the time period required by the City Engineer, or construct the improvements to city standards, the City shall have the right to forthwith commence and/or complete the improvements and be reimbursed for the cost thereof. B.The requirements imposed by this chapter to either construct street improvements or pay a local or citywide street improvement impact fee may be deferred if the property owner applies for, and receives authorization to enter into, a deferral agreement with the City, in accordance with Section 9.175.070 (Deferral or Waiver of Street Dedications and Improvements). Page 165 C.The applicant of the building permit shall do all grading necessary to install the improvements and shall at their own expense relocate or remove all structures, utilities, trees, irrigation lines and other objects within the right-of-way which interfere with the installation of the improvements. D.Where additional street or alley right-of-way is required in order to properly align the required improvements with the existing or planned improvements on the same block frontage, the applicant shall dedicate the necessary right-of-way, provided that the requirement for dedication shall only apply for construction of new buildings and shall not apply to an addition or renovation of an existing structure unless the renovation or addition creates an increase in traffic that warrants the offsite improvement. E.Where existing driveway depressions or approaches are abandoned or are not required for access to the property due to proposed improvements, they shall be removed and replaced with adequate curb, gutter and sidewalk that meet City standards. 9.175.050 Single-Family Residential Dedication and Improvement Requirements Except as delayed or deferred pursuant to 9.175.070 below: A.New Single-Family Residence. Property owners that construct a new single-family residence(s) shall be responsible for the construction of required improvements along the street frontage of their lot. B.Expanded Single-Family Residence. Property owners that construct an addition(s) that exceed 650 square feet shall be responsible for the construction of required improvements along the street frontage of their lot. C.Exception. For any project for which Planning Commission or City Council approval is required, the approving authority shall have the discretion to either require the construction of street improvements, require the payment of the applicable street improvement impact fee or defer/waive such improvement subject to an executed deferral or waiver agreement between the City and the responsible party. 9.175.060 Multi-Family, Commercial and Industrial Dedication and Improvement Requirements Except as delayed or deferred pursuant to 9.175.070 below: Property owners constructing a new multi-family, commercial or industrial building; or changing the use of an existing building, shall be responsible for the construction of required improvements along the street frontage(s) of their lot. Improvements shall include, but may not be limited to, concrete curb and gutter, street lighting, parkway landscaping, trails, as well as sidewalks, constructed consistent with City standards. Offsite improvements may also be required. 9.175.070 Delay, Deferral or Waiver of Street Dedications and Improvements A.Request for Deferral or Waiver. Request for a deferral or waiver of any requirement for street dedication and/or street improvement may be made to the City Manager, who shall have the authority to defer or waive any of the requirements subject to an executed deferral Page 166 or waiver agreement between the City and the responsible party if the City Manager finds the following conditions stated in Section 9.175.070.C 1.Exception. For any project for which Planning Commission or City Council approval is required, the approving authority shall have the discretion to either require the construction of street improvements, require the payment of the applicable street improvement impact fee or defer/waive such improvement subject to an executed deferral or waiver agreement between the City and the responsible party. B.Conditions of Approval. In approving a request for deferring, delaying or waiving public improvements, the approving authority shall impose reasonable and appropriate conditions in order to achieve the purposes of this development code, ensure consistency with the goals and policies of the General Plan and justify making the necessary findings. Conditions shall include but are not limited to the following: 1.Delayed Improvements – Bonding. Where it is impractical to dedicate right-of-way and/or complete installation of street improvements prior to occupancy or commencement of a use subject to these requirements, an agreement in writing shall be entered into with the City to make such improvements. Additionally, a cash deposit, a surety bond, an irrevocable letter of credit or such other form of surety as may be acceptable to the City, in an amount equal to 130% of the estimated cost of the improvements, shall be posted with the Public Works and Engineering Department in lieu thereof to guarantee the installation of such improvement. In that event, the actual installation of street improvements may be delayed until a time certain as identified in the agreement or upon written demand by the City. If surety bonds are submitted, they shall be furnished by a surety company authorized to write such bonds in the state of California. 2.Written Agreement Required. Prior to deferring any improvement requirement, a written agreement from the applicant shall be required, agreeing to participate in any street improvement program for the area in which the property is located, whether privately or publicly initiated. If approved by the City Council on appeal, any such deferral agreement shall be executed by the City Manager on behalf of the City. This agreement shall be recorded with the County Recorder. C.Findings for Approval. Prior to deferring or delaying any dedication or improvement requirement as prescribed by this chapter, the approving authority shall make both of the following findings: 1.The strict application of the particular requirement will cause unnecessary hardship to the applicant. 2.There are exceptional circumstances or conditions applicable to the subject property, or to its proposed use or development which makes the application of the requirement unfair and oppressive to the applicant. 3.The granting of a deferral or waiver from such requirement would not adversely affect the public health, safety, or general welfare, nor be detrimental to any property or improvements in the immediate vicinity of the property. 4.That the improvements being deferred or delayed do not postpone improvements which are a necessary prerequisite to the use and orderly development of the surrounding area. Page 167 D.Appeals. Any action by the City Manager or Planning Commission pertaining to a request to defer public improvements may be appealed to the City Council in accordance with Section 9.30.100 (Appeals). Chapter 9.180 Density Bonuses, Incentives, and Concessions Contents: 9.180.010 Purpose 9.180.020 Applicability 9.180.030 Eligibility for Density Bonus and Incentives 9.180.040 Application and Required Fees 9.180.050 Effect of Proposal for Waiver or Reduction of Development Standards 9.180.060 Density Bonus Allowance for Housing Development with Affordable Housing Component 9.180.070 Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility 9.180.080 Density Bonus for Senior Citizen Housing Development 9.180.090 Density Bonus for Housing Development with Affordable Housing Component for Transitional Foster Youth, Disabled Veterans, or Homeless Persons 9.180.100 Density Bonus for Student Housing Development with Affordable Housing Component 9.180.110 Density Bonus for Land Donations 9.180.120 Affordable Housing Incentives 9.180.130 Number of Incentives Granted 9.180.140 Criteria for Denial of Application for Incentives 9.180.150 Waiver or Modification of Development Standards 9.180.160 Parking Standard Modifications for Qualified Housing Developments 9.180.170 Density Bonus and Affordable Housing Incentive Program 9.180.180 Determination on Density Bonus and Affordable Housing Incentive Program Requirements 9.180.190 Affordable Housing Agreement and Equity Sharing Agreement 9.180.200 Density Bonus or Incentives for Condominium Conversion Projects 9.180.210 Enforcement Provisions 9.180.010 Purpose This chapter implements the statutory requirements set forth in Government Code Sections 65915–65918 (known as state density bonus law). To the extent practicable, the citation to the governing statutory provision is included next to the implementing ordinance section. If any provision of this chapter conflicts with state law, the latter shall control. Applicable statutes should be consulted for amendments prior to applying the ordinance provision. 9.180.020 Applicability Page 168 The density bonuses, incentives and concessions contained in this chapter shall apply to housing developments eligible for a density bonus under state density bonus law. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City’s jurisdiction that meets the requirements set out in California Government Code Section 65915, the actions and procedures set out in this chapter shall apply. The burden is on the applicant to show that the housing development meets such requirements. The density bonus provisions of California Government Code Section 65915 et seq., as may be amended from time to time, are incorporated by reference into this chapter. The City reserves the right to review applications for a density bonus in accordance with state density bonus law. 9.180.030 Eligibility for Density Bonus and Incentives A.Density bonuses are available to affordable housing developers in accordance with this chapter for the following: 1.Housing developments which include a minimum affordable housing component (Section 9.180.060 and Section 9.180.070.A). 2.Housing developments which include a minimum affordable housing component and a childcare facility (Section 9.215.070). 3.Senior citizen housing developments (Section 9.180.080). 4.Housing development which include a minimum affordable housing component for transitional foster youth, disabled veterans, or homeless persons (Section 9.180.090). 5.Student housing developments which include a minimum affordable housing component (Section 9.180.100). 6.Land donations for very low-income housing (Section 9.215.090). B.For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels (Government Code Section 65915(i)). 9.180.040 Application and Required Fees A.Application Filing and Processing. When an applicant seeks a density bonus for a housing development that meets the criteria in Section 9.180.060, the affordable housing developer shall comply with all the following requirements: 1.File an application for a density bonus in accordance with this section that includes a minimum affordable housing component, whether or not the project also requires or has been granted a conditional use permit or other permits or approvals (Government Code Section 65915(d)(1)). 2.State in the application the specific minimum affordable housing component proposed for the housing development (Government Code Section 65915(b)(2)). 3.Enter into an agreement with the City or its designee pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) to maintain and enforce the affordable housing component of the housing development (Government Code Section 65915(c)). B.Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). Page 169 1.If an application for a density bonus requires an unusual amount or specialized type of study or evaluation by City staff, consultant or legal counsel, City staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the City Council decides the application, City staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant, and shall require the applicant to pay any deficiency or shall refund to the applicant any excess. 9.180.050 Effect of Proposal for Waiver or Reduction of Development Standards A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Government Code Section 65915(d). 9.180.060 Density Bonus Allowance for Housing Development with Affordable Housing Component A.If the requirements of Section 9.180.030 (Eligibility for Density Bonus and Incentives) are met, the affordable housing developer is entitled to a density bonus pursuant to Government Code Section 65915(f) as shown in Table 9.180.060-1, Density Bonus Allowance for Housing Development Projects with Affordable Housing Component. Table 9.180.060-1 Density Bonus Allowance for Housing Development Projects with Affordable Housing Component Household Income Category Minimum Percentage of Affordable Units Minimum Density Bonus Additional Density Bonus for Each 1% Increase in Affordable Units Maximum Percentage of Affordable Units Maximum Possible Density Bonus Affordable Housing Development Very Low Income 5%20%2.50%11%35% Low Income 10%20%1.50%20%35% Moderate Income (Common Interest Developments) 10%5%1%40%35% B.As demonstrated in Table 9.180.060-1, the amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable units offered by the applicant exceeds the percentage of the minimum affordable housing component; the applicant may also elect to accept a lesser percentage of density bonus (Government Code Section 65915(f)). Page 170 C.All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(f)(5)). 9.180.070 Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility A.Criteria. For a density bonus to be granted pursuant to Subsection 9.180.070.B relative to a minimum affordable housing component with a childcare facility in a housing development, all of the following shall be satisfied: 1.The development complies with Section 9.180.030 (Government Code Section 65915(h)(1)). 2.The housing development includes a childcare facility that will be located on the premises of, as part of, or adjacent to the housing development (Government Code Section 65915(h)(1)). 3.Approval of the housing development is conditioned to ensure that both of the following occur: a.The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Section 9.180.190 (Government Code Section 65915(h)(2)(A)). b.Of the children who attend the childcare facility, the children of very low-income households, low-income households, or moderate-income households shall constitute a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought (Government Code Section 65915(h)(2)(B)). 4.The City is authorized not to provide a density bonus as provided in this section upon substantial evidence that the community has adequate childcare facilities (Government Code Section 65915(h)(3)). B.Density Bonus Allowance. If the requirements of Subsection 9.180.070.A are met, an applicant for a housing development with an affordable housing component and childcare facility is entitled to: 1.A density bonus pursuant to Section 9.180.060 (Density Bonus Allowance for Housing Development with Affordable Housing Component); and 2.An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility (Government Code Section 65915(h)(1)(A)). 9.180.080 Density Bonus for Senior Citizen Housing Development An applicant for a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5 is entitled to a density bonus of 20% of the number of senior citizen housing development units, up to a maximum of 50% (Government Code Section 65915(b)(1)(C)&(f)(3)). Page 171 9.180.090 Density Bonus for Housing Development with Affordable Housing Component for Transitional Foster Youth, Disabled Veterans, or Homeless Persons An applicant for a housing development which includes a minimum affordable housing component provided at the same affordability level as very low income units and limits residency for that component to individuals qualifying as transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) is entitled to a density bonus of 20% of the number of units set aside for transitional foster youth, disabled veterans, and homeless persons (Government Code Section 65915(b)(1)(e)&(f)(3)). 9.180.100 Density Bonus for Student Housing Development with Affordable Housing Component A.Criteria. For a density bonus to be granted pursuant to Subsection 9.180.100.C relative to a student housing development with minimum affordable housing component, all of the following shall be satisfied. 1.The rent provided in the applicable units of the development for lower income students is calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type (Government Code section 65915(b)(1)(f)(III). 2.The housing development gives priority to lower income students experiencing homelessness (Government Code section 65915(b)(1)(f)(IV). 3.The housing development includes a minimum affordable housing component for lower income students as defined by Government Code section 65915(b)(1)(f)(II). 4.The development complies with Section 9.180.030 (Government Code Section 65915(b)(1)(f)(I)). B.Unit. For purposes of calculating a density bonus pursuant to this section, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities. C.Density Bonus Allowance. If the requirements of Subsection 9.180.100.A are met, an applicant for a student housing development with an affordable housing component is entitled to a density bonus of 35% of the number of student housing units. (Government Code section 65915(f)(3)). 9.180.110 Density Bonus for Land Donations A.Criteria. For a density bonus for a qualified land donation to be granted pursuant to Section 9.180.110.B, all the requirements of this section shall be met. 1.The applicant is applying for a tentative subdivision map, parcel map or other residential development approval (Government Code Section 65915(g)(1)). 2.The application includes at least a 10% minimum affordable housing component for very low-income households (Government Code Section 65915(g)(1)). 3.The applicant agrees to donate and transfer qualified land, which is land that meets both the following criteria: Page 172 a.The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low-income households in an amount equal to not less than 10% of the number of residential units of the proposed development pursuant to Section 8116-2.5.1(a) (Government Code Section 65915(g)(2)(B)). b.The transferred land shall be at least 1 acre in size or of sufficient size to permit development of at least 40 units, have the appropriate General Plan land use designation, be appropriately zoned with appropriate development standards for development at the density described in Government Code Section 65583.2(c)(3), and be or will be served by adequate public facilities and infrastructure (Government Code Section 65915(g)(2)(C)). 4.The qualified land shall be transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to an approved housing developer (Government Code Section 65915(g)(2)(F)). 5.The qualified land has all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing affordable units on the qualified land, not later than the date of approval of the final subdivision map, parcel map or residential development application filed. However, the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City prior to the time of transfer (Government Code Section 65915(g)(2)(D)). 6.The qualified land shall be donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g)(2)(A)). 7.The qualified land and the affordable units are subject to a deed restriction ensuring continued affordability of the units consistent with Section 9.180.070 (Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility), which must be recorded against the qualified land at the time of the transfer (Government Code Section 65915(g)(2)(E)). 8.The qualified land is within the boundary of the proposed development or, if the City agrees, within 0.25 mile of the boundary of the proposed development (Government Code Section 65915(g)(2)(G)). 9.A proposed source of funding for the very low-income household units shall be identified no later than the date of approval of the final subdivision map, parcel map or residential development application (Government Code Section 65915(g)(2)(H)). B.Density Bonus Allowance for Qualified Land Donation for Very Low-Income Housing. If the requirements of Section 9.180.110.A are satisfied, the applicant shall be entitled to at least a 15% increase above the otherwise maximum allowable residential density for the entire development, as shown in Table 9.180.110-1, Density Bonus Allowances for Qualified Land Donation Projects (Government Code Section 65915(g)(1)). Table 9.180.110-1 Density Bonus Allowances for Qualified Land Donation Projects Household Income Category Minimum Percentage of Very Low-Income Units Density Bonus Additional Density Bonus for Each 1% Increase in Very Low-Income Units Maximum Possible Density Bonus Page 173 Very Low Income 10% of entire development 15%1%50% (max. combined) C.All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(g)(2)). 9.180.120 Affordable Housing Incentives Government Code Subsections 65915(d), (j), (k) and (l) govern the following provisions regarding affordable housing incentives. A.Qualifications for Incentives. Subject to Section 9.180.140 (Criteria for Denial of Application for Incentives), all of the following applicable requirements must be satisfied in order for an applicant to be granted an incentive(s) pursuant to this subsection and Section 9.180.130 (Number of Incentives Granted): 1.The applicant for an incentive is also an applicant for a density bonus and qualifies for a density bonus pursuant to Section 9.180.030 (Government Code Section 65915(d)(1)). 2.A specific written proposal for an incentive(s) has or will be submitted with the application for density bonus (Government Code Section 65915(b)(1) and (d)(1)). 3.If an incentive(s) pursuant to Sections 9.180.030 and 9.180.120 is sought, the applicant shall establish that each requested incentive would result in identifiable, financially sufficient and actual cost reductions for the qualified housing development (Government Code Section 65915(k)(1) and (3)). 4.If an incentive(s) pursuant to Subsection 9.180.120.A(2) is sought, the applicant shall establish that the requirements of that section are met (Government Code Section 65915(k)(2)). 5.If an additional incentive for a childcare facility is sought pursuant to Subsection 9.180.070.B, the applicant shall establish that the requirements of that section are met (Government Code Section 65915(h)(1)(B)). 6.The granting of an incentive shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval (Government Code Section 65915(j)). An incentive is applicable only to the project for which it is granted. An applicant for an incentive may request a meeting with the Community Development Director and, if requested, the Community Development Director will meet with the applicant to discuss the proposal (Government Code Section 65915(d)(1)). B.Types of Incentives. For the purposes of this chapter, incentive means any of the following: 1.A reduction in site development standards or a modification of development code requirements or design guidelines that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (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 that results in identifiable, financially sufficient and actual cost reductions (Government Code Section 65915(k)(1)). Page 174 2.Approval of mixed-use zoning in conjunction with the qualified housing development if commercial, office, industrial or other land uses will reduce the cost of the qualified housing development and if the commercial, office, industrial or other land uses are compatible with the qualified housing development and the existing or planned development in the area where the proposed qualified housing development will be located (Government Code Section 65915(k)(2)). 3.Other regulatory incentives proposed by the affordable housing developer or the City that result in identifiable, financially sufficient and actual cost reductions (Government Code Section 65915(k)(3)). C.Direct Incentives Allowed. Nothing in this section limits or requires the provision of direct financial incentives by the City for the qualified housing development, including the provision of publicly owned land, or the waiver of fees or dedication requirements (Government Code Section 65915(l)). 9.180.130 Number of Incentives Granted A.Subject to Section 9.180.140 (Criteria for Denial of Application for Incentives), an applicant meeting the requirements of Subsection 9.180.120 shall receive the following number of incentives described below and as shown in Table 9.180.130-1, Incentive Allowances for Qualified Housing Developments. 1.One incentive for qualified housing development projects that include at least 5% of the total units for very low-income households, at least 10% for low-income households, or at least 10% for persons and families of moderate-income households in a common interest development (Government Code Section 65915(d)(2)(A)). 2.Two incentives for qualified housing development projects that include at least 10% of the total units for very low-income households, at least 20% for low-income households, or at least 20% for persons and families of moderate-income households in a common interest development (Government Code Section 65915(d)(2)(B)). 3.Three incentives for qualified housing development projects that include at least 15% of the total units for very low-income households, at least 30% for low-income households, or at least 30% for persons and families of moderate-income households in a common interest development (Government Code Section 65915(d)(2)(C)). B.A qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility (Government Code Section 65915(h)(1)(B)). Table 9.180.130-1 Incentive Allowances for Qualified Housing Developments Income Category Minimum Percentage of Affordable Units Very Low Income 5%10%15% Low Income 10%20%30% Common Interest Development (Moderate Income)10%20%30% Incentives Allowed 1 2 3 9.180.140 Criteria for Denial of Application for Incentives Page 175 Except as otherwise provided in this chapter or by state law, if the requirements of Subsection 9.180.120.A (Affordable Housing Incentives) are met, the City shall grant the incentive(s) that are authorized by Subsection 9.180.120.B and Section 9.215.110 (Density Bonus for Land Donations) unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the City may refuse to grant the incentive(s): A.The incentive is not required in order to provide affordable housing costs or affordable rents for the affordable units subject to the qualified housing development application (Government Code Section 65915(d)(1)(A)). B.The incentive would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households (Government Code Section 65915(d)(1)(B); Government Code Section 65915 (d)(3)). C.The incentive would be contrary to state or federal law (Government Code Section 65915(d)(1)(C)). D.The City is authorized not to provide a density bonus as provided in this section upon substantial evidence that the community has adequate childcare facilities (Government Code Section 65915(h)(3)). 9.180.150 Waiver or Modification of Development Standards A.Requirements for Waiver or Modification of Development Standards. 1.Application. To qualify for a waiver or reduction of one or more development standards, the applicant shall submit a written application (together with an application for a qualified housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request (Government Code Section 65915(e)(1)). An applicant for a waiver or modification of development standard(s) pursuant to this Section may request a meeting with the Community Development Director to review the proposal. If requested, the Community Development Director shall meet with the applicant (Government Code Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this Section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 9.180.120 (Affordable Housing Incentives) (Government Code Section 65915(e)(2)). 2.Findings. All of the following findings must be made for each waiver or reduction requested: a.The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this chapter (Government Code Section 65915(e)(1)). b.The requested waiver or reduction of a development standard will not have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the health, safety and/or physical environment or, if such a specific, adverse Page 176 impact exists, there is a feasible method to satisfactorily mitigate or avoid the specific, adverse impact (Government Code Section 65915(e)(1)). c.The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources (Government Code Section 65915(e)(1)). d.The requested waiver or reduction of a development standard is not contrary to state or federal law (Government Code Section 65915(e)(1)). 3.Granting Application for Waiver or Modification of Development Standards. If the requirements of Subsection 9.180.150.A are satisfied, the application for waiver or modification of development standard(s) shall be granted, and the City shall not apply a development standard that will have the effect of physically precluding the construction of a qualified housing development at the densities or with the incentives permitted by this chapter (Government Code Section 65915(e)(1)). 9.180.160 Parking Standard Modifications for Qualified Housing Developments A.Requirements for Parking Standard Modifications. Parking standard modifications pursuant to Subsection 9.180.160.B are available only for qualified housing developments. An application for parking standard modifications stating the specific modification requested pursuant to Subsection 9.180.160.B shall be submitted with the qualified housing development application (Government Code Section 65915(p)(3)). B.Parking Standard Modifications. If the requirements of Subsection 9.180.160.A are met, the vehicular parking ratio, inclusive of handicapped and guest parking, shall not exceed the following per unit ratios (Government Code Section 65915(p)(1)), except where noted under Subsection 9.180.160.C (Exceptions): 1.Zero to one bedroom: 1 on-site parking space 2.Two to three bedrooms: 2 on-site parking spaces 3.Four and more bedrooms: 2.5 on-site parking spaces C.Exceptions. Upon the applicant’s request, the following maximum parking standards shall apply, inclusive of handicap and guest parking, to the entire housing development subject to this chapter, as required by Government Code Section 65915(p)(2): 1.A maximum of 0.5 parking spaces per bedroom, when all the following conditions apply: a.The development includes the maximum percentage of low- or very low-income units as established in Section 9.180.060 (Density Bonus Allowance for Housing Development with Affordable Housing Component). b.The development is located within 0.5 miles of a major transit stop, as defined in subdivision (b) of Section 21155 of the California Public Resources Code. c.There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. 2.A maximum of 0.5 parking spaces per unit, when all the following conditions apply: Page 177 a.The development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code. b.The development is located within 0.5 miles of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code. c.There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. 3.A maximum of 0.5 parking spaces per unit, when all the following conditions apply: a.The development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code. b.The development is for individuals who are 62 years of age or older and complies with Sections 51.2 and 51.3 of the Civil Code. c.The development has either paratransit service or unobstructed access, within 0.5 miles, to fixed bus route service that operates at least eight times per day. 4.A maximum of 0.3 parking spaces per unit, when all the following conditions apply: a.The development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code. b.The development is a special needs housing development, as defined in Section 51312 of the Health and Safety Code. c.The development has either paratransit service or unobstructed access, within 0.5 miles, to fixed bus route service that operates at least eight times per day. D.If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, “on-site parking” may be provided through tandem parking or uncovered parking, but not through on-street parking (Government Code Section 65915(p)(2)). E.Except as otherwise provided in this section, all other provisions of Chapter 9.215 (Off- Street Parking and Loading) applicable to residential development apply. F.An applicant may request additional parking incentives beyond those provided in this section if applied for pursuant to Section 9.180.120 (Government Code Section 65915(p)(3)). G.Notwithstanding allowances in Subsection 9.180.160.C, if the City or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last 7 years, the City may impose a higher vehicular parking ratio not to exceed the ratio described in Subsection 9.180.160.B, based on substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall Page 178 make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio (California Government Code Section 65915(p)(7)). 9.180.170 Density Bonus and Affordable Housing Incentive Program A.Project Design and Phasing. Projects seeking an affordable housing benefit pursuant to this chapter shall comply with the following requirements, unless otherwise specified in writing by the Community Development Director: 1.Location/Dispersal of Units. Affordable units shall be reasonably dispersed throughout the development where feasible and shall contain on average the same (or greater) number of bedrooms as the market-rate units. 2.Phasing. If a project is to be developed in phases, each phase must contain the same or substantially similar proportion of affordable units and market-rate units. 3.Exterior Appearance. The exterior appearance and quality of the affordable units must be similar to the market-rate units. The exterior materials and improvements of the affordable units must be similar to, and architecturally compatible with, the market-rate units. B.Application Requirements. An application for one or more affordable housing benefits shall be submitted as follows: 1.Each affordable housing benefit requested shall be specifically stated in writing on the application form provided by the City. 2.The application shall include the information and documents necessary to establish that the requirements of this chapter are satisfied for each affordable housing benefit requested, including: a.For density bonus requests, that the requirements of Section 9.180.030 Eligibility for Density Bonus and Incentives) are met; b.For incentive requests, that the requirements of Section 9.180.120 (Affordable Housing Incentives) are met; c.For development standard waiver or modification requests, that the requirements of Section 9.180.150 (Waiver or Modification of Development Standards) are met; and/or d.For parking standard modification requests, that the requirements of Section 9.180.160 (Parking Standard Modifications for Qualified Housing Developments) are met. 3.The application shall be submitted concurrently with a complete application for a qualified housing development. 4.The application shall include a site plan that complies with and includes the following: a.For senior citizen housing development projects, the number and location of proposed total units and density bonus units. b.For all qualified housing development projects other than senior citizen housing development projects, the number and location of proposed total units, affordable units and density bonus units. The density bonus units shall be permitted in Page 179 geographic areas of the qualified housing development other than the areas where the affordable units are located (Government Code Section 65915(i)). c.The location, design and phasing criteria required by Subsection 9.180.170.A, including any proposed development standard(s) modifications or waivers pursuant to Section 9.180.150 (Waiver or Modification of Development Standards). 5.The application for a qualified housing development shall state the level of affordability of the affordable units and include a proposal for compliance with Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) for ensuring affordability. 6.If a density bonus is requested for a qualified land donation pursuant to Section 9.180.110 (Density Bonus for Land Donations), the application shall show the location of the qualified land in addition to including sufficient information to establish that each requirement in Section 9.180.110 has been met. 7.If an additional density bonus or incentive is requested for a childcare facility pursuant to Section 9.180.070 (Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility) and/or Subsection 9.180.130.B (Number of Incentives Granted), the application shall show the location and square footage of the childcare facility in addition to including sufficient information to establish that each requirement in Section 9.180.070 and/or Subsection 9.180.130.B has been met. C.An application for an affordable housing benefit under this chapter shall not be processed until all of the provisions of this section are complied with as determined by the Community Development Director and shall be processed concurrently with the application for the qualified housing development project for which the affordable housing benefit is sought. Prior to the submittal of an application for a qualified housing development, an applicant may submit to the Community Development Director a preliminary proposal for affordable housing benefits. The Community Development Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Community Development Director’s preliminary response and schedule a meeting with the applicant to discuss the proposal and the Community Development Director’s preliminary response. D.The Community Development Director shall provide the applicant with written notice as to whether the application in deemed complete in accordance with Section 9.30.060 (Determination of Completeness). 9.180.180 Determination on Density Bonus and Affordable Housing Incentive Program Requirements The decision-making body for the underlying qualified housing development application is authorized to approve or deny an application for an affordable housing benefit in accordance with this chapter. A.Affordable Housing Benefit Determinations. An application for an affordable housing benefit shall be granted if the requirements of this chapter are satisfied unless: 1.The application is for an incentive for which a finding is made in accordance with Section 9.180.140 (Criteria for Denial of Application for Incentives); or Page 180 2.The underlying application for the qualified housing development is not approved independent of and without consideration of the application for the affordable housing benefit. B.Affordable Housing Benefit Compliance Provisions. To ensure compliance with this chapter and state law, approval of an application for an affordable housing benefit may be subject to, without limitation: 1.The imposition of conditions of approval to the qualified housing development, including imposition of fees necessary to monitor and enforce the provisions of this chapter; 2.An affordable housing agreement and, if applicable, an equity sharing agreement pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement); and 3.A recorded deed restriction implementing conditions of approval and/or contractual or legally mandated provisions. C.A decision regarding an affordable housing benefit application is subject to the appeal provisions of Section 9.30.100 (Appeals). 9.180.190 Affordable Housing Agreement and Equity Sharing Agreement A.General Requirements. No density bonus pursuant to Section 9.180.030 (Eligibility for Density Bonuses and Incentives) shall be granted unless and until the affordable housing developer, or its designee approved in writing by the Community Development Director, enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the City or its designee pursuant to and in compliance with this section (Government Code Section 65915(c)). The agreements shall be in the form provided by the City, which shall contain terms and conditions mandated by, or necessary to implement, state law and this chapter. The Community Development Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the City. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site. The Community Development Director is hereby authorized to enter into the agreements authorized by this section on behalf of the City upon approval of the agreements by the City Attorney for legal form and sufficiency. B.Low- or Very Low-Income Minimum Affordable Housing Component or Senior Citizen Housing Development. 1.The affordable housing developer of a qualified housing development based upon the inclusion of low-income and/or very low-income affordable units shall enter into an agreement with the City to maintain the continued affordability of the affordable units for 55 years (for rental units) or 30 years (for for-sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program, as follows (Government Code Section 65915(c)(1)). The agreement shall establish specific compliance standards and specific remedies available to the City if such compliance standards are not met. The agreement shall, among other things, specify the number of lower-income affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible Page 181 for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower- income affordable units on sale or transfer; and methods of enforcing such restrictions. 2.Rental Units. Rents for the low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 9.180.030 shall be set and maintained at an affordable rent (Government Code Section 65915(c)(1)). The agreement shall set rents for the lower-income density bonus units at an affordable rent as defined in California Health and Safety Code Section 50053. The agreement shall require that owner-occupied units be made available at an affordable housing cost as defined in Health and Safety Code Section 50052.5. 3.For-Sale Units. Owner-occupied low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 9.180.030 shall be available at an affordable housing cost (Government Code Section 65915(c)(1)). The affordable housing developer of a qualified housing development based upon a very low- or low-income minimum affordable component shall enter into an equity sharing agreement with the City or the master or non-affordable housing developer. The agreement shall be between the City and the buyer or between developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions: a.Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. b.For purposes of this section, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the very low-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value. c.For purposes of this subdivision, the City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale. 4.Senior Units. At least 35 senior citizen housing development units shall be maintained and available for rent or sale to senior citizens as defined in Civil Code Section 51.3. C.Moderate Income Minimum Affordable Housing Component. 1.The affordable housing developer of a qualified housing development based upon the inclusion of moderate-income affordable units in a common interest development shall enter into an agreement with the City ensuring that: a.The initial occupants of the moderate-income affordable units that are directly related to the receipt of the density bonus are persons and families of a moderate- income household. Page 182 b.The units are offered at an affordable housing cost (Government Code Section 65915(c)(2)). c.The affordable housing developer of a qualified housing development based upon a moderate-income minimum affordable component shall enter into an equity sharing agreement with the City or the master or non-affordable housing developer (Government Code Section 65915(c)(2)). The agreement shall be between the City and the buyer or between the developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions: d.Upon resale, the seller of the unit shall retain the value of improvements, the down payment and the seller’s proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership (Government Code Section 65915(c)(2)(A)). e.The City’s initial subsidy shall be equal to the fair market value of the unit at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value (Government Code Section 65915(c)(2)(B)). f.The City’s proportionate share of appreciation shall be equal to the ratio of the City’s initial subsidy to the fair market value of the unit at the time of initial sale (Government Code Section 65915(c)(2)(C)). D.Minimum Affordable Housing Component and Childcare Facility. If an additional density bonus or incentive is granted because a childcare facility is included in the qualified housing development, the affordable housing agreement shall also include the affordable housing developer’s obligations pursuant to Subsection 9.180.070.A(3) for maintaining a childcare facility, if not otherwise addressed through conditions of approval. 9.180.200 Density Bonus or Incentives for Condominium Conversion Projects A.Requirements for Density Bonus or Incentive for Condominium Conversion Projects. 1.An applicant requesting the conversion of Apartments to a condominium project agrees to provide at least: a.33% of the total units of the proposed condominium project to persons and families of moderate-income households; or b.15% of the total units of the proposed condominium project to persons and families of low-income households. 2.If the applicant agrees to pay for the reasonably necessary administrative costs incurred by the City pursuant to this section, the City shall either: a.Grant a density bonus; or Page 183 b.Provide other incentives of equivalent financial value (Government Code Section 65915.5(a)). B.Definition of Density Bonus for Condominium Conversion Projects. If the requirements of Subsection 9.180.200.A are met, the condominium conversion project will be entitled to an increase in units of 25% over the number of Apartments, to be provided within the existing structure or structures proposed for conversion from Apartments to condominiums (Government Code Section 65915.5(b)). C.Pre-submittal Preliminary Proposals for Density Bonus or Incentive for Condominium Conversion Projects. Prior to the submittal of a formal request for subdivision map approval or other application for necessary discretionary approvals, an applicant to convert Apartments to a condominium project may submit to the Community Development Director a preliminary proposal for density bonus or other incentives of equivalent financial value. The Community Development Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Community Development Director’s preliminary response and schedule a meeting with the applicant to discuss the proposal and the Community Development Director’s preliminary response (Government Code Section 65915.5(d)). D.Application for Density Bonus or Incentives for Condominium Conversion Projects. An applicant shall submit a completed application provided by the City for a density bonus or for other incentives of equivalent financial value. The application shall be submitted concurrently with the application for the condominium conversion project. The application shall include the following: 1.All information and documentation necessary to establish that the requirements of Subsection 9.180.200.A are met. 2.The proposal for a density bonus or the proposal for other incentives of equivalent financial value. 3.Site plans demonstrating the location of the units to be converted, the affordable units, the market-rate units and the density bonus units in the condominium conversion project. 4.Any other information and documentation requested by the City to determine if the requirements of Subsection 9.180.200.A are met. Both the application for a density bonus or other incentives of equivalent financial value and the application for the condominium conversion shall be complete before the application for a density bonus or other incentives of equivalent financial value will be considered. E.Granting Density Bonus or Incentive for Condominium Conversion Projects. 1.Approval. a.If the requirements of Subsection 9.180.200.A are met, the decision-making body for the condominium conversion project application is authorized to grant an application for a density bonus or other incentives of equivalent financial value, subject to Subsection 9.180.200.E(2). b.Reasonable conditions may be placed on the granting of a density bonus or other incentives of equivalent financial value that are found appropriate, including but not limited to entering into an affordable housing agreement pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement), which ensures continued affordability of units to subsequent purchasers who are persons Page 184 and families of moderate-income households or low-income households (Government Code Section 65915.5(a)). 2.Ineligibility. An applicant shall be ineligible for a density bonus or other incentives of equivalent financial value if the Apartments proposed for conversion constitute a qualified housing development for which a density bonus as defined in Section 9.180.030 (Eligibility for Density Bonuses and Incentives) or other incentives were provided (Government Code Section 65915.5(f)). 3.Decision on Condominium Conversion Project. Nothing in this section shall be construed to require the City to approve a proposal to convert Apartments to condominiums (Government Code Section 65915.5(e)). 9.180.210 Enforcement Provisions A.Occupancy. Prior to occupancy of an affordable unit, the household's eligibility for occupancy of the affordable unit shall be demonstrated to the City. This provision applies throughout the restricted time periods pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) and applies to any change in ownership or tenancy, including subletting, of the affordable unit. B.Ongoing Compliance. Upon request, the affordable housing developer shall show that the affordable units are continually in compliance with this chapter and the terms of the affordable housing agreement. Upon 30-day notice, the City may perform an audit to determine compliance with this chapter and the terms of any agreement or restriction. C.Enforcement. The City shall have the authority to enforce the provisions of this chapter, the terms of affordable housing agreements and equity sharing agreements, deed restrictions, covenants, resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this chapter, the City may, at its discretion, take any other enforcement action permitted by law, including those authorized by City ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution and injunctive relief. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from seeking any other remedy or relief to which it otherwise would be entitled under law or equity. Chapter 9.185 Fences, walls and screening Contents: 9.185.010 Purpose 9.185.020 Applicability 9.185.030 Exemptions 9.185.040 General Development Standards 9.185.050 Exceptions 9.185.060 Screening and Special Wall and Fencing Requirements 9.185.010 Purpose Page 185 The purpose of this chapter is to regulate the development, installation, and maintenance of private walls and fences and screening within the community. Specifically, this chapter does the following: A.Promotes the public health, safety, and general welfare of the City by regulating the fences and walls and screening protecting or separating real property. B.Regulates the installation, operation, and maintenance of all walls and fences. 9.185.020 Applicability The standards contained in this chapter shall apply to the following: A.New uses and buildings. For all buildings erected and all uses of land established after the effective date of this Title, fences, walls and screening shall be provided as required by this chapter. B.Modification to existing structures and uses. Whenever an existing building is modified, or a use is expanded such that it creates an increase of more than 10% in the number of existing dwelling units for residential projects or more than 10% in the existing square footage of commercial or industrial projects, fences, walls and screening shall be provided as required by this chapter. C.New fencing and walls. All walls and fences erected after the effective date of this title, shall be consistent with this chapter. D.Maintenance Requirements. Maintenance requirements shall apply to all walls and fences erected in the City. E.Review Required. The review of fences and walls shall be an integral part of any plot plan, permit, or development plan review application. Compliance with all wall and fence standards shall be required, except as may be modified by Article 5 (Special Use Regulations) or Chapter 9.270 (Waste Storage Facilities), or pursuant to a requested exception(s) to wall and fence standards through the administrative relief procedure provided in Chapter 9.70 (Minor Exception). F.Swimming Pools, Spas, and Similar Features. Swimming pools, spas, and similar features shall be enclosed by walls or fences no less than 5 feet in height per the California Building Code. 9.185.030 Exemptions The following walls and fences shall be exempt from development review (a building permit may be required). A.Retaining walls. Retaining walls less than 3 feet in height. B.Residential fences. Fences located on residential property (privacy fences) constructed in compliance with the standards of this section. C.Required fences. Fences and walls required by a state or federal agency, or by the City for public safety. 9.185.040 General Development Standards Page 186 A.Architectural Compatibility. Walls, fences, and architectural screening elements shall be compatible with the architectural treatment of the primary building on the parcel and shall meet all standards applicable to the Zone unless otherwise modified by this chapter. B.Visibility. No wall, fence, or landscaping element shall interfere with intersection visibility or line of sight or other safety issue. C.Blank Walls Prohibited. Blank walls are prohibited. Where screening or security walls (excluding wrought iron fences) are located within 10 feet of a public ROW, landscaping shall be provided between the wall and the ROW to a minimum height of 42 inches to minimize opportunities for crime and unsafe conditions. D.Permitted Materials. Approved materials include wood, plexi-glass, vinyl, stone, masonry, brick, block, stucco, wrought iron, and concrete. Where opaque walls are required, they shall be constructed of brick, split-face block, stone, or frame-stucco. E.Prohibited Materials. 1.Barbed, razor, concertina, corrugated metal and plastic, tarps, and electrified wire of any kind or configuration is prohibited in all Zones, except as modified by section 9.185.040.E.2 below. 2.Woven wire, barbed wire, or electrified fencing may be permitted in the front and side yards of all Agricultural (A) zones only if needed to secure livestock and/or horses; maximum height not to exceed six feet. 3.Chain-link fencing and similar materials are prohibited along any public ROW regardless of setback, except for temporary construction fencing (9.185.040.C). Where chain-link fencing is used, it shall not be visible from the public ROW. This standard shall apply to all zones except Agricultural (A) zones. F.Maintenance. Fences and walls shall be constructed of new material and shall be maintained in a state of good repair. Any dilapidated, dangerous, or unsightly fences or walls shall be repaired or removed. G.Maximum Height. The height of all walls, fences, and architectural screening elements shall be measured from the finished grade of the property to the highest point of the element. 1.Table 9.185.040-1 establishes the maximum wall/fence heights by Zone. 2.Where additional height is needed based on security or specific site operating requirements, additional wall/fence height may be approved by the Community Development Director, subject to evaluation of adjacencies and necessity. 3.Hedges or other screening vegetation, excluding trees, shall not exceed the maximum height of walls permitted in the zone. Page 187 Figure 9.185.040-1 Fence Height by Location (applicable to all Residential Zones) Table 9.185.040-1 Wall/Fence Maximum Height Standards by Zone Maximum Permitted Height by Setback Ag & Residential Zones Commercial Zones Industrial Zone EDC ZonesSetback Location Setback ≥ Min. Setback Setback ≥ Min. Setback Setback ≥ Min. Setback Setback ≥ Min. Setback Front/Street 36”6’36”6’36”6’36”6’ Side 6’6’6’6’6’12’6’8’ Rear 6’6’6’6’6’12’6’8’ Notes: 1.Fences, walls and screening are not required between land uses unless otherwise specified in this Title. Fences, walls and screening must also be located outside of any public utility easement except as authorized by the applicable utility agency. 2.Maximum height may be increased by the designated approving authority as part of development review. 9.185.050 Exceptions A.Residential parcels adjacent to major thoroughfares may be permitted a sound wall to increase the height of the wall by 6 feet for a maximum height of 12 feet based on submission and approval of a noise study to the Community Development Director and City Engineer (9.185.060). B.Sports facilities such as ball fields and tennis courts may have court fencing at a maximum of 12 feet, provided the fencing is set back at least 5 feet from the property line. C.Temporary chain-link fencing and similar materials are allowed along any public ROW during approved construction activities. Page 188 9.185.060 Screening and Special Wall and Fencing Requirements This section establishes screening standards and special provisions for walls and fencing. A.Screening between different land uses. The City encourages the integration and connection of compatible uses. To that end, continuous barriers in the form of solid fences and walls, including sound walls, should only be used between land uses when residential uses are located next to commercial or industrial uses or when necessary, as determined by the designated approving authority. When used, the screening shall meet the following standards: 1.The screen shall consist of a solid decorative wall of masonry or similar durable material or, in lieu of decorative masonry, the wall shall be covered with plant materials (e.g., ivy) or be blocked from view by landscape materials. The wall shall be a minimum of 6 feet in height, shall be architecturally treated on both sides and shall comply with the height limitations listed in Section 9.185.040 (General Development Standards). 2.A landscaping strip with a minimum width of 5 feet shall be installed on both sides of a screening wall, except that a minimum of 6 feet of landscaping (with trees) shall be provided between a parking lot and a screening wall. 3.The designated approving authority may waive, or approve a substitute for, the requirements above if it is determined that: a.The relationship of the proposed uses makes screening unnecessary or undesirable; b.The intent of this section is successfully met by alternative screening methods; and/or c.Physical characteristics and/or constraints on the site make required screening infeasible or unnecessary. B.Screening of mechanical equipment. Mechanical equipment shall be screened as follows: 1.Exterior equipment. All exterior mechanical equipment shall be screened from view on all sides. 2.Top-mounted screening. Screening on top of the equipment may be required by the designated approving authority if necessary to protect views from a neighboring residential zone. 3.Screening of roof-mounted equipment. Roof-mounted mechanical equipment shall be screened in compliance with the following standards: a.Screening materials may be solid concrete, wood or other opaque material and shall effectively screen the mechanical equipment so that it is not visible from a public street, right-of-way and/or sidewalk. b.The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials and architectural styles. c.Mechanical equipment shall be screened from the perspective of the adjacent public streets, right-of-way and/or sidewalk. 4.Screening of ground-mounted antennas. Ground-mounted antennas shall be screened with a fence, wall or dense landscaping so that the antennas are not visible from the public right-of-way and to minimize the visual impact on abutting properties. Page 189 5.Building-mounted antennas shall be screened as follows: a.Wall-mounted equipment shall be flush-mounted and painted or finished to match the building, with concealed cables. b.Roof-mounted equipment shall be screened from view of public rights-of-way by locating the antenna below the roofline, parapet wall or other roof screen and by locating the antenna as far away as physically feasible and aesthetically desirable from the edge of the building. c.Antennas shall have subdued colors and nonreflective materials which blend with the materials and colors of the surrounding area or building. 6.Screening of commercial loading docks and refuse areas. Loading docks and refuse storage areas shall be screened from public view and adjoining public streets and rights- of-way and residentially zoned areas. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials and architectural style. Exceptions may be permitted through development review for sites with unique characteristics (e.g., shallow lot depth, adjacency to single-family unit). All dumpsters shall be closed when not in use. 7.Screening of trash enclosures/recycle containers. Trash receptacles (including recycling and green waste containers) shall not be stored within a required front or street side yard and shall be screened from view of the public right-of-way by a solid fence not less than 4 feet in height. Exceptions to fence height standards may be granted by the designated approving authority to ensure proper placement and screening of trash receptacles. 8.Outdoor equipment, storage and work areas. Outdoor storage areas for materials other than plants shall be enclosed and screened from view from the public right-of-way and abutting property by a solid fence or wall a minimum of 6 feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least 6 feet in height and shall be of view-obstructing construction. C.Retaining walls. An embankment to be retained which is over 48 inches in height shall be benched so that at the low side no individual retaining wall exceeds a height of 36 inches above the finished grade and each bench has a minimum depth of 36 inches. D.Temporary fencing. Temporary fencing may be required by the designated approving authority where necessary to protect trees or other sensitive features and the general public from construction activities during site preparation and construction. Temporary fencing shall be removed after 90 days once construction is complete. E.Temporary security fencing. Temporary security fencing (including chain link) with a maximum height of 6 feet may be installed around the property lines of vacant property with approval from the designated approving authority. Properties shall be maintained in a condition free from weeds and litter. F.Open space and trails. Fences adjacent to open space and trail areas shall be constructed and maintained as open view fencing, unless otherwise approved by the approval authority, and shall not be chain link. G.Sound walls. Whenever sound walls are required to mitigate sound impacts adjacent to streets, the following standards shall apply. These standards shall not preclude the use of other innovative methods of project design utilizing greater setbacks, building design, mounding or single-story structures with solid walls facing the street. Page 190 1.Setbacks. Walls shall be set back a sufficient distance from the ultimate public street right-of-way in accordance with noise attenuation and landscaping requirements. The area between the right-of-way and the wall shall include landscaping at minimum, including canopy street trees, designed to City standards. 2.Height. Maximum height of a wall shall not exceed 6 feet above the finished grade at the base of the wall on the roadway side, unless additional height is needed as documented by a noise study and approved by the Community Development Director and City Engineer, in which case a specific maximum height of 12 feet shall be established and adhered to. 3.Earth mounds. When sound and visual attenuation requires a wall exceeding 6 feet above the grade of the adjacent roadway, earth mounds shall be used, such that no more than 6 feet of the wall is visible from the roadway. The mounds shall not exceed a three- to-one (3:1) ratio slope. The mounds may support the wall or be placed against the wall on the street side. Drainage shall be contained, so there is no sheet flow of water onto the sidewalk where the slope exceeds a six-to-one (6:1) ratio. 4.Wall Type. Walls shall be solid decorative wall of masonry or similar durable material or, in lieu of decorative masonry, the wall shall be covered with plant materials (e.g., ivy) or be blocked from view by landscape materials. Construction shall be graffiti- resistant solid brick or masonry material that requires minimum maintenance and provides the required sound and visual attenuation. 5.Landscaping. Landscaping shall be provided so that 50% of the wall will be covered by landscape material within three years. H.Agricultural fencing. All fences which enclose livestock shall be designed, constructed and maintained so as to control and contain such livestock at all times and so as to prevent such livestock from reaching across any property lines and damaging adjacent property. Chapter 9.190 Hillside Development Standards Contents: 9.190.010 Purpose 9.190.020 Applicability 9.190.030 Exemptions 9.190.040 Plot Plan Approval 9.190.050 Application Requirements 9.190.060 Development Standards 9.190.070 Relief from Development Standards 9.190.010 Purpose The purpose of this chapter is to establish the standards and criteria under which properties with significant slopes, hillsides and ridgelines may be developed in a manner that is consistent with the goals and policies of the City's adopted General Plan, promotes the health, safety and welfare of the residents and visitors to the community, and allows for residential development that is beneficial to both the property owner and the community, and more specifically: Page 191 A.To protect the value of the community and the subject property of ridgelines, prominent landforms, rock outcroppings, open space areas, hydrologic features, wildlife communities, unique and sensitive habitat and vegetation communities, and other natural, biological, archaeological/historical and scenic resources, B.To preserve the visual and aesthetic quality of hillsides as viewed from the surrounding community, C.To avoid and minimize disturbance areas of significant steep slopes and prominent hilltops and ridgelines, and to ensure that new development sites and lots have adequate unconstrained land suitable for development. D.To promote and encourage a variety of high quality, alternative development designs and concepts appropriate for hillside areas. E.To preserve the public health, safety and welfare and specifically protect the public and property from hazards such as seismic, geologic and fire. 9.190.020 Applicability This chapter applies to all development on properties in Menifee that contain significant areas of steep slopes and prominent hillsides and ridgelines as defined in this Title. These areas and features are typical of the properties in the Rural Mountainous (RM) and Rural Residential, 5- acre minimum (RR5) zones, including, but not limited to, the areas illustrated on Figure 9.190.020-1 Menifee Hillside Map. Page 192 Figure 9.190.020-1 Menifee Hillside Map 9.190.030 Exemptions The following are exempt from the provisions of this chapter: A.Development that maintains a minimum of 50 feet from the top of any steep slope or hillside and is no closer than 200 feet horizontally and 50 feet vertically from prominent ridgelines. B.Any project that has a valid, unexpired City- or county-approved tentative tract map or grading permit or other entitlement in place that is consistent with the restrictive regulations previously in effect prior to adoption of the City's General Plan update on December 18, 2013. The requirements of this chapter shall be applied to all approvals that require a discretionary extension or that are extended pursuant to a discretionary extension. C.Open space projects and regional or community trails on City-owned property. D.Local public streets or private roads and driveways which are necessary for primary or secondary access to the portion of the site to be developed on steep slope lands of less than 25 percent, provided no less environmentally damaging alternative exists. The determination of whether a proposed road or driveway qualifies for an exemption, in whole or in part, shall be made by the Community Development Director based on an analysis of the project site. E.Public and private utility systems, provided the Community Development Director finds that the least environmentally damaging alignment has been selected. However, septic systems are not included in this exemption unless the Riverside County Department of Environmental Health has certified that no grading or benching is required. Page 193 F.Areas with native vegetation, which are cleared or trimmed to protect existing or proposed structures in potential danger from fire, provided that the area of such clearance is the minimum necessary to comply with applicable fire codes or orders of fire safety officials and that such slopes retain their native root stock or are planted with native vegetation having a low fuel content, and provided further that the natural landform is not reconfigured. 9.190.040 Plot Plan Approval Development of properties that include steep slopes, hillsides and ridgelines that is not exempt per Section 9.155.020 shall require plot plan approval pursuant to Chapter 9.80 (Plot Plans). 9.190.050 Application Requirements In addition to the application requirements of Chapter 9.80 (Plot Plans), unless otherwise waived by the Community Development Director, all of the following shall be submitted with a plot plan application for development on steep slopes, hillsides or ridgelines: A.Plot Plan. A site plan drawn to scale by a California-licensed land surveyor or registered civil engineer, showing the location of all existing peaks, ridgelines, hills, hillsides and other significant landforms including rock outcroppings, all areas within 200 feet of a peak or ridgeline, the location of all existing watercourses, the location of all existing vegetation including oak trees and the type and quantity thereof, the location of all existing and proposed agricultural areas, the location of all existing and proposed dwellings and the location of all existing and proposed accessory facilities. B.Grading Plan. A grading plan, including a blasting permit, if necessary, subject to the requirements of Title 8 (Grading Ordinance) of the Menifee Municipal Code. C.Topographic Map. A topographic map of the site, drawn to scale by a California-licensed land surveyor or civil engineer, showing all the items referenced in Subsection A (Plot Plan) of this section. The scale on the topographic map shall be no smaller than 1 inch equals 100 feet, with contour intervals not exceeding 10 feet. D.Slope Analysis. A slope analysis of the site showing the following slope categories: 0–24% grade, 25–34% grade, 35–50% grade and over 50% grade prepared by a licensed land surveyor or a registered engineer. If the site contains steep hillsides but does not have 50 feet of vertical elevation, an off-site analysis of the adjacent property(ies) must be made to determine whether the steep hillsides on the subject site are part of a steep hillside system that extends off-site and exceeds the 50-foot elevation. E.Utility Plan. Underground utility plan. F.Biological Report. A biological report for the site addressing the topics enumerated in subsection G (Conservation Required) of this section. G.Conservation Required. For any project for which a hillside development plot plan is required by this section, evidence that it is designed to protect wildlife habitat areas, biological corridors, native plants and plant communities, and where practicable, support interconnected, contiguous and integrated open space systems within an area, particularly when located contiguous to open space preserve areas. H.Cultural Report. A cultural resources assessment prepared by a qualified archeologist. Page 194 I.Photo Survey. Photographs of the portion(s) of the site that would be disturbed taken from each corner of the site and from all vantage points deemed appropriate by the Director of Planning. J.Erosion and Sedimentation Control Plan. A proposed erosion and sedimentation control plan showing and describing interim and ultimate erosion and sedimentation control measures. K.Landscape and Restoration Plan. A proposed landscape and habitat restoration plan, including a restoration time schedule, showing and describing how the site would be landscaped and repaired and how the natural conditions of the site would be replicated. A qualified biologist shall prepare the habitat restoration plan. L.Architectural Plans. A proposed architectural plan showing how primary and accessory structures would be constructed. M.Lighting Plan. A proposed exterior lighting plan showing how primary and accessory structures, and landscaping would be illuminated. N.Visibility Analysis. A line of sight visual analysis. O.Fuel Modification Plan. A fuel modification plan consistent with the General Guidelines for Creating Defensible Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006. 9.190.060 Development Standards Development that proposes encroachment into steep slopes, hillsides or ridgelines, or that does not qualify for an exemption pursuant to Section 9.190.030 (Exemptions) is subject to the following regulations and the Menifee Steep Hillside Guidelines. A.Land Disturbance. No disturbance of steep slopes, hillsides and ridgelines shall be permitted except in conformance in all respects with an approved plot plan that details the proposed land disturbance meeting all of the following requirements. 1.Areas situated within 200 feet horizontally and 50 feet vertically of a hilltop or ridgeline shall not be disturbed. 2.The horizontal distance between a natural or graded steep slope and a roof, or portion thereof, shall not be less than 20 feet. 3.The vertical distance of a graded slope shall not exceed 15 feet from the toe of the slope to the top of the graded slope, unless a 5-foot bench is placed between two graded slopes and the bench is planted with vegetation similar to that growing on the portion(s) of the site that have not been disturbed. Page 195 4.The maximum height of a graded slope, including required benching, shall not exceed 30 feet. 5.The use of blasting for road construction or pad grading shall be strongly discouraged and alternate construction techniques shall be used if feasible. Site disturbance and grading shall be kept to a minimum. 6.The maximum encroachment that may be permitted into steep slope lands shall be as set forth in Table 9.190.060-1-Maximimum Steep Slope Encroachment. This encroachment may be further reduced due to environmental concerns or other design criteria. Table 9.190.060-1-Maximimum Steep Slope Encroachment Percentage of Lot in Steep Slope Lands Maximum Encroachment as Percentage of Area in Steep Slope Lands 75% or less 10% 80%12% 85%14% 90%16% 95%18% 100%20% An additional 2% may be added to the maximum encroachment allowance for projects where the existing development area is not contiguous, and access to the entirety of the development area is not otherwise available; or the existing development area does not have direct access to a public right-of-way. 7.Land disturbance shall conform in all respects with the erosion and sedimentation control plan approved by the Community Development Director or City Engineer. 8.All development occurring in steep hillsides shall incorporate the design standards identified in the Menifee Steep Hillside Guidelines as deemed appropriate by the approving authority. B.Height. 1.No dwelling, building or structure shall have more than two stories. 2.On a level building pad, the maximum height of a dwelling, building or structure shall be measured from the foundation. Page 196 3.On a terraced building pad, the maximum height of a dwelling, building or structure shall be 40 feet measured from the lowest finished floor level, excluding any basement areas. C.Cluster Development Subdivision. Cluster development subdivision pursuant to Chapter 9.170 (Cluster Development Subdivisions) is encouraged as a method to avoid and minimize disturbance of steep slopes, hillsides and ridgelines for residential subdivisions. D.Subdivisions. 1.Each newly created lot within a subdivision shall include some portion that does not contain steep hillsides that will serve as the location (or future location) of development on the lot. Such unconstrained area shall be sufficient in size to accommodate a reasonable development without requiring additional encroachment into steep hillsides. 2.If additional encroachment is desired for development area on an individual lot, the maximum permissible encroachment area calculation will be based on the original subdivision and not the individual lot. If the individual lot has an encroachment area that is less than the maximum percentage of the lot area, additional encroachment into steep hillsides on the lot will only be permitted if and to the extent that the encroachment area of the original subdivision was less than the maximum allowed area of the original unsubdivided premises. 9.190.070 Relief from Development Standards A.The approving authority may approve relief from the requirements of Section 9.190.060 if: 1.The applicant demonstrates that the proposed alternative complies with and furthers the intent of this section; and 2.The applicant demonstrates that the proposed alternative provides a design solution that is equivalent to or better than the standards prescribed in this chapter for quality, effectiveness, durability and safety. B.The relief from development standards shall be heard at a public hearing of the approving authority. Chapter 9.195 Landscaping Standards Contents: 9.195.010 Purpose 9.195.020 Applicability 9.195.030 Landscape and Irrigation Plans 9.195.040 Landscape Requirements 9.195.050 Additional Requirements for Residential Areas 9.195.060 Removal and Replacement of Required Landscaping 9.195.070 Maintenance Requirements 9.195.080 Park Development Design Plans 9.195.090 Water- Efficient Landscaping 9.195.010 Purpose Page 197 A.This chapter establishes minimum landscape requirements designed to improve the appearance of the city, its communities and its zoning districts. These requirements include provisions to reduce heat by providing landscaped areas and shading, improve health and livability, protect existing natural ecosystems, promote efficient use of water, minimize soil erosion, preserve and protect trees, and ensure that landscape installations do not create hazards for motorists or pedestrians. The landscape standards are intended to inform developers, consultants and the public regarding requirements and procedures for the installation and maintenance of landscaping in Menifee. B.In addition to the installation of well- designed, high quality landscaping and irrigation systems, and the maintenance thereof, the City has adopted landscape standards to include landscape documentation, submission requirements, review procedures and inspection protocols that when followed will allow a consistent, efficient and cost-effective mechanism to ensure that both public and private landscaped areas are of the quality expected in the city. C.In order to promote the quality mandated of sustainable public and private landscapes that enhances community character, the City has adopted standards and criteria for the development of both public and private parks, recreation areas and open space areas. Consistency between landscaped areas, public and private, as well as high quality standards for park development, will ensure that such facilities shall be beneficial to all members of the Menifee community. 9.195.020 Applicability The standards contained in this chapter shall apply to the following: A.New landscaping and irrigation. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review. In addition, projects are required to comply with the provisions of Title 15.04 (Landscape Water Use Efficiency Requirements). B.Rehabilitated landscape projects. Rehabilitated landscapes projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check or design review. In addition, projects are required to comply with the provisions of Title 15.04 (Landscape Water Use Efficiency Requirements). C.Modification to existing structures and uses. Whenever an existing building is modified, or a use is expanded such that it creates an increase of more than 10% in the number of existing dwelling units for residential projects or more than 10% in the existing square footage of commercial or industrial projects, landscaping shall be provided as required by this chapter to the greatest extent feasible. D.Existing Landscaping and Irrigation. Requirements for removal and replacement of required landscaping and maintenance within this chapter shall apply to all landscaping and irrigation within the City. 9.195.030 Landscape and Irrigation Plans Page 198 When this chapter is applicable to new parks, projects or existing development, as identified in Section 9.195.020 (Applicability), preliminary and final landscape plans shall be submitted in accordance with the requirements of this chapter, including City's Landscape Standards and Park Development Design Standards, and review of such plans shall be conducted as part of the approval process. A.Preliminary landscape and irrigation plan. A preliminary landscape and irrigation plan shall be submitted to the designated approving authority as part of the discretionary review process. This plan must show a water budget that includes the estimated water use (in gallons), irrigated area (in square feet), precipitation rate and flow rate in gallons per minute, square feet of impervious materials, and stormwater infrastructure locations, as well as conceptual locations for trees, shrubs, ground cover, etc. A corresponding list of planting material by species (using common and scientific name), quantity and size shall be included. B.Final landscape and irrigation plan. After a preliminary landscape and irrigation plan has been approved by the designated approving authority, a final landscape and irrigation plan shall be submitted to the Community Development Department. For landscaping in public easements or ROW, the final landscape and irrigation plan shall be submitted to the Public Works and Engineering Department, in conjunction with improvement plans. The final landscape planting and irrigation plans shall be prepared by a registered licensed landscape architect and shall be in substantial compliance with the preliminary landscape and irrigation plan approved by the designated approving authority. Final plans shall show the location of and irrigation for trees, shrubs and ground cover. The final landscape plan shall include, at a minimum, plant name (providing both common and scientific name), plant quantity, plant size, location of permeable surfaces, utilities and lighting, irrigation system and plans for tree retention and removal where applicable. For landscaing in public easements or ROW, when, allowed at the discretion of the Engineering and Public Works Director due to unforeseen circumstances, the installation of the plants, irrigation system and/or other items shown on the final landscaping plan are not installed as illustrated, prior to final inspection an "as- built" plan shall be submitted to document the actual location of installation. The final landscape plan shall also include a water budget that identifies the estimate water use (in gallons), irrigated area (in square feet), precipitation rate and flow rate in gallons per minute. C.Concept park plans. Preliminary park plans, inclusive of landscaping and irrigation plans, shall be submitted to the designated approving authority as part of the discretionary review process. This plan must show the basic design of the proposed park, whether public or private, parking areas, active and passive activity areas, areas left natural, and drainage and dual use areas, as well as other information as required by the Community Services Department. 9.195.040 Landscape Requirements The requirements listed below apply to special types of landscaping. However, in any wildland- urban interface fire area, the Riverside County Fire Department/Cal Fire requirements shall prevail. A.Residential landscape. See Section 9.195.050 (Additional Requirements for Residential Areas). Page 199 B.Substantial landscaping. All required landscaped areas and planters, unless utilized for other purposes such as Water Quality compliance with the governing jurisdiction, shall be landscaped with a mix of trees, shrubs, perennials, ornamental grasses, vines and ground cover to create a dense and layered design. A substantial quantity of plants shall be planted. Drought -tolerant plants shall be used within all landscaped areas to augment the aesthetic and decorative nature of the planted area. Drought- tolerant plants shall augment, but not completely substitute for, other floral arrangements unless specifically approved by the approval authority. C.Decorative materials. Decorative materials such as mulch, decomposed granite, bark and drought-tolerant plants, as well as non-living inert material (rock, cobbles, decorative stone, etc.), may be used within any landscape area required by this chapter upon approval by the approval authority. D.Project entry landscaping. Entries to projects (both residential and nonresidential) shall be designed as a special statement reflective of the character and scale of the project to establish identity for tenants, visitors and patrons. Irrigated, flowering accent plantings, decorative drought- tolerant annuals (to be replaced as needed for maintenance) and specimen trees shall be used to reinforce the entry statement. E.Trees adjacent to building walls. With the exception of single-family housing developments, trees shall be planted in areas of public view adjacent to structures at a rate of one tree per 30 linear feet of building dimensions, particularly to interrupt expansive horizontal and vertical surfaces. Tree clusters may be used to satisfy specific design objectives. F.Screening of drive-through aisles. To shield vehicles and associated headlights in a drive- through lane from view of abutting street rights-of-way, a minimum 5-foot -wide planter shall include a minimum 3-foot-tall (maximum 4-foot-tall) landscape barrier planted with trees and other landscaping consistent with those in the parking area. Trimming and pruning of the landscape barrier shall be performed in a manner that maintains the shielding of vehicle headlights in the drive-through lane from adjacent street rights-of-way. The landscape barrier site design shall not preclude or impede safe and secure ingress and egress from the facility while providing screening from the public right-of-way. G.Screening of outdoor equipment. Screening is required according to Chapter 9.185 (Fences, Walls and Screening). A.Public and Pedestrian spaces. Public and Pedestrian space landscaping shall include a combination of shade trees and pedestrian shading devices (e.g., canopies, awnings, umbrellas) placed so as to cover 50% of the total space with a shade canopy within 15 years of securing the building permit. B.Signs. Landscaping shall be provided at the base of the supporting structure of freestanding signs equal to the area of one face of the sign except as otherwise allowed by the approval authority. For example, 50 square feet of sign area requires 50 square feet of landscaped area. The approval authority may reduce this ratio during formal project review if found necessary and/or appropriate for the overall design of the proposed project. Such landscaping shall be appropriately irrigated and shall include floral arrangements that include drought- tolerant annuals and perennials that are designed to facilitate maintenance as well as to enhance aesthetic quality. C.Buffering between uses. A landscape buffer shall only be used between land uses when residential uses are located next to non-residential uses or when necessary, as determined by the designated approving authority. A landscaping strip with a minimum width of 5 feet Page 200 shall be installed adjacent to a screening wall, except that a minimum of 6 feet of landscaping (with trees) shall be provided between a parking lot and a screening wall. D.Sound walls/masonry walls. Where setback and open space areas are screened from public view by walls or similar approved structures, landscaping shall be provided so that 50% of the wall will be covered by landscape material within three years. E.Existing trees. Mature trees on the site in good health shall be preserved whenever possible. Credit for the preservation of existing trees shall be as specified in Section 9.200.030.C (Credit for Tree Preservation). F.Parking lot landscape. Parking lot landscape includes perimeter planters, planters abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers and parking islands throughout the parking lot. All landscaped areas, including those with drought-tolerant plants, shall be irrigated. Landscape requirements applicable to all commercial, industrial, mixed-use and multi- family parking lots with five or more spaces are listed below. See Chapter 9.240 (Motor Vehicle and Related Uses) for superseding standards, requirements and exceptions. 1.Maintenance. All landscaped areas, whether populated with drought-tolerant plants, other species or decorative materials such as mulch, decomposed granite, bark or other non-living inert materials (rock, cobble, decorative stone, etc.), shall be maintained in a clean, weed-free and disease-free manner as specified in this chapter and as reviewed, approved and installed (per City inspection) at all times. 2.Trees required. Trees are required to be planted at a rate of one tree for every four parking stalls. At maturity, trees should reach a minimum height and spread of 40 feet so as to form a shade canopy over parking stalls. Smaller ornamental trees may not be used to satisfy this requirement. Tree selections shall be approved by the Community Development Department. 3.Minimum landscape. A minimum of 10% of the total off-street parking area shall be landscaped with trees, shrubs and appropriate ground cover. The parking area shall be computed by adding the areas used for access drive aisles, stalls, maneuvering and landscaping within that portion of the premises devoted to vehicular parking and circulation. 4.Minimum Parking Lot Shading Requirements. Parking area landscaping shall include shade trees unless otherwise approved by the approval authority, so as to provide for adequate shade canopies within 15 years of age as follows: a.30% for Parking Lots with between 5-24 parking stalls b.40% for Parking Lots with between 24-29 parking stalls c.50% for Parking Lots with more than 50 parking stalls 5.Perimeter strip. Unenclosed parking facilities shall provide a perimeter landscaped strip at least 5 feet wide (inside dimension) where the facility adjoins a front, side or rear property line. The perimeter landscaped strip may include a landscaped yard or landscaped area otherwise required and shall be continuous, except for required access to the site or parking facility. 6.Screening. All surface parking areas shall be screened from streets and adjoining properties, and the open space areas between the property line and public street right-of- way shall be landscaped with berms, swales, trees, shrubs and ground cover (or a combination thereof). Page 201 7.Location. Parking lot landscaping shall be located so that pedestrians are not required to cross unpaved areas to reach building entrances from parked cars (see Figure 9.195.040- 1, Parking Lot Landscaping ). 8.Planter design. All parking lot planters shall be designed to meet the following minimum requirements (see Figure 9.195.040-1, Parking Lot Landscaping): a.Planters shall be separated from maneuvering and parking areas by a 6-inch raised concrete curb or equivalent. b.Tree planting wells located at the front of parking stalls shall contain a minimum of 25 square feet, and the smallest inside dimension shall not be less than 5 feet. c.Landscape planters along the sides of parking stalls shall be a minimum 5 feet wide, the same length as the adjacent parking space, and shall contain a 12-inch concrete monolith pour or curb and "step-out." 9.Please see the City of Menifee Landscape Standards Design Guidelines for additional applicable standards for parking lot landscaping. Figure 9.195.040-1 Parking Lot Landscaping 9.195.050 Additional Requirements for Residential Areas A.Front yard landscaping. For new development, front yard landscaping shall include, at a minimum, one 15-gallon-size tree, one 5-gallon-size tree, shrubs, ground cover, mulch and a permanent irrigation system to be installed by the developer prior to occupancy. This requirement shall be in addition to required street trees. B.Front yard landscaping requirements. All homes must maintain a minimum ratio of 50% landscape (or Xeriscape) to 50% hardscape ratio within that area identified as the required front setback area. Up to 25% of the landscape area can be used for decorative hardscape (e.g., bark mulch, decorative rocks, rock outcroppings). C.Tree requirements. In addition to the size and number of trees required, the following shall also be required: 1.Tree location. No trees shall be planted under any eave, balcony or overhang. 2.Root barriers required. Trees in landscape planters with 6 feet or less of hardscape (curb, walks, walls, etc.) shall require tree root barriers. Page 202 3.Tree staking. All trees whose stability requires support shall be staked in accordance with the City's landscape standards. 4.Visibility. All trees, whether singularly placed or placed in clusters, shall not inhibit standard visibility parameters. 5.Street trees. Street trees shall be provided per City standards. 9.195.060 Removal and Replacement of Required Landscaping Plant material removed from a project in which the Community Development Department has approved the landscape plan shall be replaced with the following replacement sizes: A.Shrubs shall be replaced with the same size plant as the plant approved by the landscape plan. B.Ground cover shall be replaced by plants contained in landscape flats. C.For tree replacements, the size replacement trees shall be determined by the Community Development Department based on the conditions of the property. Trees removed or severely and improperly trimmed shall be replaced with an appropriately sized tree as determined by the Community Development Department. 9.195.070 Maintenance Requirements A.Maintenance. All private landscaped areas shall be irrigated and maintained in a clean, weed- free and disease- free manner at all times. Property owners/tenants shall regularly inspect their property to ensure that all plants are alive and healthy, that irrigation systems, control devices and timers are functioning properly, that dead or dying plants are removed and replaced, and that all areas using mulch, decorative rock or other features are in good condition and are consistent with the plans originally approved, installed and inspected by the City. Maintenance of landscaping areas shall include, but not be limited to, the following: 1.All landscaped areas shall be maintained in a clean, weed- free and disease- free manner at all times. Property owners/tenants shall periodically inspect their property to ensure that all plants are alive and healthy, that irrigation systems, control devices and timers are functioning properly and remain properly installed, that dead or dying plants are replaced and that all areas utilizing mulch, decorative rock or other aesthetic treatments are consistent with the plans originally installed, inspected and approved by the City. 2.Irrigation equipment (controllers, valves, piping, electronics, etc.) shall be in good working condition in accordance with City landscape standards at all times. 3.Litter shall be removed from all landscaped areas in a timely manner. 4.Lawn areas shall be mowed on a regular basis and shall be kept green in accordance with seasonal variations. Accumulation of leaves, bark and other similar plant materials shall be removed in a timely fashion. Planting areas shall be weed-free. 5.Landscaping maintenance, including Xeriscape, shall include pruning, cultivating, weeding, fertilizing, mowing, replacement of dead and diseased plants, and watering on a regular basis. 6.Landscape maintenance, including Xeriscape, shall also include pruning or removal of overgrown vegetation, cultivated or uncultivated, that is likely to harbor rats, vermin or other nuisances, or that causes a visual detriment to neighboring properties or property. Page 203 7.Landscape maintenance, including Xeriscape, shall include the removal of trees that pose a safety hazard; trees that are dead, decayed or diseased; weeds and debris constituting an unsightly appearance, present a danger to public safety and welfare or cause a visual detriment to neighboring properties or property values. Compliance shall be achieved by removal, replacement or adhering to the prescribed maintenance requirements. 8.Plants along property line. The property owner on whose property hedges or shrubs are growing shall keep such hedges or shrubs trimmed so that no part of them will project over the sidewalk. 9.Thorn- bearing plants in parkways. No person shall plant ivy, shrub or any flora that have thorns or spiny extensions. B.Prohibition on use of landscaped areas. Use of landscaped areas for purposes other than landscaping as approved in the landscape plan or as an approved amenity by the approving authority is prohibited. C.Delegation. The City may delegate to, or enter into a contract with, a local agency to implement, administer and/or enforce the requirements of this chapter on behalf of the City. D.1 Year Bond. Applicant shall guarantee the installation, maintenance, and health of required landscaping for a period of not less than 1 year with a bond, letter of credit, or other form of security to the satisfaction of the Community Development Director or City Engineer. The Community Development Director or City Engineer shall be authorized to execute, on behalf of the City, the required agreements and bonds. Front yard typical landscaping plans or individual homeowner installed landscaping is exempt from this requirement. 9.195.080 Park Development Design Plans A.Park Development Design Guidelines. When a park project is required by this chapter, that project shall be submitted, reviewed and approved as detailed within the Park Development Design Guidelines adopted by Planning Commission April 15, 2015, as may be amended from time to time. B.Required information. As detailed in the Park Development Design Guidelines, all park project submissions shall include information addressing the following: 1.Site project planning 2.Grading and drainage 3.Paving, walkways and mow curbs 4.Trails 5.Fencing and walls 6.Parking areas 7.Trash enclosures 8.Site furniture 9.Signs (warning signs, rules of conduct, hours of operation, etc.) 10.Playgrounds and equipment (tot lots) 11.Prefabricated picnic shelters 12.Sports courts 13.Multipurpose fields (softball and soccer turf areas) Page 204 14.Site and sports field lighting 15.Irrigation 16.Planting 17.Synthetic turf 18.Requirements and standards for all buildings 19.Operations and maintenance schedule for all site improvements 20.Comfort stations 21.Pet waste stations 22.Recreation centers 23.Aquatics facilities 24.Graffiti protection 9.195.090 Water- Efficient Landscaping All landscaping shall conform to the requirements and criteria of Title 15.04 (Landscape Water Use Efficiency Requirements) and to the provisions and requirements of Section 3, Landscape Water Conservation, of the Landscape Standards Guidelines adopted by Planning Commission March 2015. Landscape water conservation methods are encouraged where possible and appropriate to conserve limited water resources. Chapter 9.200 Tree Preservation Contents: 9.200.010 Purpose 9.200.020 Applicability 9.200.030 Tree Preservation Requirements 9.200.040 Heritage Tree Replacement 9.200.050 Protection of Existing Trees 9.200.060 Tree Maintenance 9.200.070 Violations 9.200.080 Appeals 9.200.010 Purpose The purpose of this chapter is to protect trees, considered to be a valuable community resource, from indiscriminate cutting or removal, to ensure and enhance public health, safety and welfare through proper care, maintenance and preservation of trees. Such landscaping, irrigation systems and tree preservation represent a substantial investment in and potential benefit to the community. Heritage trees such as those with certain characteristics (age, size, species, location, historical influence, aesthetic quality or ecological value) are subject to special attention and preservation efforts. 9.200.020 Applicability Page 205 A.All Zones. The provisions of this chapter shall apply in all zoning districts to the removal, relocation or pruning of trees, as well as to heritage trees as provided in Section 9.200.050. B.Exceptions. The provisions of this chapter do not govern the following: 1.The removal or pruning of any tree which poses an imminent threat to public property or public health, safety and welfare, as determined by a qualified member of a law enforcement agency, the Riverside County Fire Department/Cal Fire, the Community Services Department, the Public Works Department or a utility company. 2.The removal of any tree on City-owned property as directed by a qualified county, state or federal agency or insurance provider. 3.The removal of a diseased or dead tree on City-owned property as determined by the Public Works Department and/or Community Services Department. 9.200.030 Tree Preservation Requirements The following general provisions shall apply to tree removal in an effort to preserve other trees which are in good health and which do not pose a safety threat. A.Nuisance trees. The following trees may be considered a nuisance by the City and are required to be either pruned or removed: 1.Any tree that interferes with proper traffic sight distances, or the visibility of any traffic- control device or sign. 2.A tree which poses a hazard to life and property or harbor harmful insect(s), fungi or disease(s) which may pose a threat to other trees within the city. 3.A tree which, due to its overall growth, location or root expansion, may negatively impact sewers, power lines, gas lines, water lines, paved walkways, roadways, curbs or other public improvements. 4.A tree which presents a risk of damage to public facilities, paved walkways and curbs or is in violation of the Americans with Disabilities Act. B.Credit for tree preservation. Where new tree installation is required by this chapter, the following incentive to preserve existing trees shall be allowed. Existing healthy trees with a 6-inch or larger trunk diameter measured at 4 feet from the surrounding grade shall be replaced at a three-to-one ratio if removed, in addition to any other new tree installation required. Existing healthy trees, with a 6-inch or larger trunk diameter measure at 4 feet from the surrounding grade which are retained on- site shall be credited toward the tree installation requirements of this chapter at a one-to-two ratio (one tree saved equals a two- tree credit toward the installation of new trees required). C.Conflict between structures and protected trees. In case of a conflict between the proposed structure location and a protected tree, all reasonable alternatives shall be considered for revising the location of the structure prior to removal of a heritage tree, protected tree or trees. D.Use of explosives. Persons engaged in felling or removing trees, and desirous of using explosives for this purpose within the city limits, shall obtain approval to use explosives from the Building and Safety Department and Fire Department. The approval shall be noted on the tree removal permit prior to issuance of same by the Community Development Department or Planning Commission. Additionally, the applicant shall furnish a bond for the Page 206 protection of surrounding property from any possible damage which might result from demolition activity. E.Harming parkway trees. It is unlawful for any person or entity to willfully and intentionally destroy, deface or injure a parkway tree. F.Physical damage. 1.No person shall construct or cause to be constructed any private hardscape improvement which prevents the free access of water to the root zone of a parkway tree without prior approval of the Community Services Department and/or Public Works Department. 2.The construction, installation or placement of any object or barrier which infringes upon the root crown of a parkway tree is prohibited without prior approval of the Community Services Department and/or Public Works Department. 3.Any mechanical damage to the root crown on any parkway tree which results in girdling of the cambium layer is prohibited. G.Weakening. Ivy or climbing vines growing adjacent to a parkway tree shall be maintained away from the trunk and canopy of the tree by the property owner. H.Tree protection. Parkway trees shall be sufficiently shielded to prevent injury during any repair, alteration or removal of a house or structure. Protection shall include, but not be limited to, chain-link fencing, staking, etc. I.Root protection when trenching. During construction where trenching around parkway trees is necessary, the pathway of the trench shall be dug making every reasonable effort to avoid the tree's drip line. In those cases where an alternative trenching route is not possible, tunneling under woody roots rather than cutting such roots shall be preferable to preserve roots 2 inches or greater in diameter. When roots must be cut, sharp saws shall be used to make clean, non-frayed cuts. J.Topping prohibited. Topping is prohibited, except as deemed necessary by the City's Tree Care Specialist. K.Clearance requirement of trees. All parkway trees shall be kept trimmed to a minimum vertical clearance of 14.5 feet over the street. L.Trees on private property. Trees growing on private property which overhang the street or sidewalk shall be trimmed so that they vertically clear the sidewalk by 8 feet or more. The trees must vertically clear the street by 14.5 feet or more. The owner of the property on whose property the trees are standing is responsible for trimming the trees. M.Trimming by contiguous property owner. A property owner who wishes to trim a tree or trees in the street right-of-way or parkway abutting his/her property must first obtain a permit from the Public Works Department, and then have such work performed by a licensed, bonded company from a list approved by the Community Services Department and Public Works Department. A property owner who wishes to trim a tree or trees in a public park, public open space or city trail area abutting his/her property must first obtain a permit from the Community Services Department, and then have such work performed by a licensed, bonded company from a list approved by the Community Services Department and Public Works Department. N.Removal by contiguous property owner. The Parks, Recreation and Trails Commission shall review and decide upon any request of a private property owner to remove a tree within a street right-of-way or parkway, public park, public open space or city trail area. Page 207 O.City trimming on private property. The City may not trim trees that overhang from one private property to another. P.Qualifications of tree care companies. All tree-care companies contracted by the City shall employ at least one ISA (International Society of Arboriculture) Certified Arborist to supervise all work performed on behalf of the City. All tree-care companies contracted by the City shall employ ISA Certified Tree Workers. Q.Cost of parkway tree replacement. In cases where parkway tree removal and replacement is necessary because of conditions and events caused by the property owner, the property owner shall be charged for tree replacement. R.Street tree planting. All street tree plantings shall be approved by the Community Services Department and/or the Public Works Department as to species, location and method of planting. The tree must be inspected by the City's qualified tree care specialist. S.Proximity to intersections. No person shall plant or maintain any tree, mature or immature, which impedes sight distance visibility at street intersections. T.Method of planting. No person other than the property owner or designee shall plant trees in parkways adjacent to their property. The property owner may plant trees in the parkway abutting his/her own property, provided the trees are contained on the City’s list of approved street trees and are approved by the Community Services Department and/or Public Works Department. Tree and shrub planting must be done in accordance with the instructions of the Community Services Department and/or Public Works Department. 9.200.040 Heritage Tree Replacement A.Heritage tree removal. Heritage tree removal will require replacement with the largest nursery-grown tree(s) available as determined by the approval authority. Heritage tree relocation to another location on the site is the preferred alternative to replacement subject to a written report by a landscape architect or ISA-certified arborist on the feasibility of transplanting a heritage tree. B.Determine replacement value. To assist the approval authority in making a determination, the applicant for a tree removal permit may be required to submit an independent appraisal prepared by a horticulturist, ISA-certified arborist or licensed landscape architect to determine the replacement value of the tree(s) to be removed. The appraisal shall be based on the most recent edition of the "Guide for Establishing Values of Trees and Other Plants," prepared by the Council of Tree and Landscape Appraisers. 9.200.050 Protection of Existing Trees Care shall be exercised by all individuals, developers and contractors working near preserved trees so that no damage occurs to such trees. Construction projects shall preserve and protect the health of trees remaining on development sites, relocated trees and new trees planted to replace those removed in accordance with the following measures: A.Construction barrier. All trees to be saved shall be enclosed by an appropriate construction barrier, such as a chain-link fence or other means, prior to the issuance of a grading permit or building permit, or before commencement of work, whichever occurs first. Fences are to remain in place during all phases of construction and may not be removed until construction is complete. Page 208 B.Protect roots. No substantial disruption or removal of the structural or absorptive roots of any tree shall be performed. C.Protect the drip line. No fill materials shall be placed, nor excavation occur, within the drip line of any tree. This is a guideline and is subject to modification to meet the needs of individual tree species as determined by an ISA-certified arborist or landscape architect. D.No compaction. No substantial compaction of the soil within the drip line of any tree shall be undertaken. Figure 9.200.050-1 Tree Drip Line E.Protect root system. No construction, including structures and walls, that disrupts the root system shall be permitted. As a guideline, no cutting of roots should occur within a distance equal to three and one-half times the trunk diameter, as measured at 4 feet from the surrounding grade. Actual setback may vary to meet the needs of individual tree species as determined by an ISA-certified arborist or landscape architect. Where some root removal is necessary, the tree crown may require thinning to prevent wind damage. F.Additional measures. The approval authority may impose such additional measures determined necessary to preserve and protect the health of the remaining trees, relocated trees and new trees planted to replace those removed. 9.200.060 Tree Maintenance A.Homeowner responsibility. The maintenance of trees on private or homeowner-owned property shall be the responsibility of the owner or owners of those properties. B.Industry standard maintenance. All trees on public and private property, within all zoning districts, shall be maintained in accordance with industry standards and in accordance with the International Society of Arboriculture or ANSI A 300 tree care standards. C.Free of damage. Builders shall be required to prune, treat and maintain existing trees and plant new ones in such a fashion that when the trees come under the purview of the City, an association, or a private property owner, the trees will be free of damage, pests, diseases and dead branches. The trees shall be in good biological and aesthetic condition upon acceptance. Page 209 D.Trees overhanging a street. Pruning of branches is required so that branches shall not significantly obstruct a streetlight or the view of a street intersection. There shall be a clear space of 14.5 feet above the surface of the street and 8 feet above the sidewalk. The owner shall remove all dead, diseased or dangerous trees or portions of trees with broken or decayed limbs which may pose a threat to public safety. 9.200.070 Violations A.It is unlawful for any person to cause or permit any tree to be planted, maintained or removed in violation of the provisions of this chapter. B.Persons or entities who violate sections of this chapter may be found guilty of an infraction, or otherwise as a misdemeanor as determined by legal action. C.If the Community Services Director and/or Public Works Director find a violation of a section of this title, he/she shall, in writing, notify the responsible party of the violation. The responsible party shall be informed as to how the violation is to be corrected. The Community Services Department and/or Public Works Department may cause the violation to be abated if after 15 business days, the cause for the violation has not been corrected as directed. The responsible party will be subject to enforcement action, including but not limited to, issuance of an Administrative Citation in accordance with the provisions of Chapter 1.03 (Administrative Citations) of this Code.. 9.200.080 Appeals A.Final disposition. Any property owner may appeal a decision of the Public Works Department or Community Services Department to the Parks, Recreation and Trails Commission for final disposition pertaining to any finding, violation or other matter related to this chapter. 1.The appeal must be made in writing and filed with the City Clerk within 15 days following notice of decision of the Community Services Department and/or Public Works Department. The appeal shall state the grounds for the appeal. The City Clerk shall, upon receipt of the appeal, set the matter for hearing before the Parks, Recreation and Trails Commission not less than 15 days but no more than 60 days following the filing of the appeal. The City Clerk shall give not less than 10 days written notice to the appellant and the owner of the affected property of the time and place of the public hearing by United States mail or by personal delivery as such owner is shown on the latest assessment roll of Riverside County. 2.The failure of any person to receive said notice shall not affect the validity of any proceedings under this chapter. Appeals of violations can be appealed pursuant to Section 1.03.070 of this Code. Recoverable and applicable administrative citations fines and costs may be collected pursuant to Section 1.03.130 of this Code. B.Objections; notice; hearing. 1.Should the request of a property owner to remove a tree within the public right-of-way or parkway or within a public park, public open space or trail area be denied, and such property owner wishes to appeal this decision, the appellant shall deposit, with the written appeal, a sum of money sufficient to cover the cost of the City Clerk having to publish twice in the local newspaper a notice of the intention to "kill, cut down or remove" a City-owned tree. Page 210 2.The notice shall state the name of the applicant, the location of the tree and a statement to the effect that any person objecting to such removal must, in writing, notify the Community Services Department and/or Public Works Department of their objection and the reasons therefor. When the appeal fees and information is received by the City Clerk, he/she shall cause notice to be published twice in a local weekly newspaper of general circulation in the city. 3.Consideration. At the time and place of the hearing, the Parks, Recreation and Trails Commission shall hear and consider all relevant evidence and information including, but not limited to, the report of the Community Services Department and/or Public Works Department and testimony, written or oral, relative to the tree within the public right-of- way or parkway or within a public park, public open space or trail area requested for removal. 4.Continuation. The appeal hearing may be continued from time to time. Upon the conclusion of the public hearing, the Parks, Recreation and Trails Commission shall, on the basis of the evidence presented at the hearing, determine whether the tree within the public right-of-way or parkway or within a public park, public open space or trail area should be removed. If the Parks, Recreation and Trails Commission finds that the tree within the public right-of-way or parkway or within a public park, public open space or trail area should be removed, it shall, by resolution, require removal by the City in a reasonable time to be set forth in the resolution. The determination of the Parks, Recreation and Trails Commission may be appealed to the City Council on forms available within the City Clerk's office. Chapter 9.205 Lighting Standards Contents: 9.205.010 Purpose 9.205.020 Applicability 9.205.030 Permit Requirements 9.205.040 Exempt Lighting 9.205.050 Prohibited Lighting 9.205.060 General Lighting Standards 9.205.070 Outdoor Lighting Plan Requirements 9.205.010 Purpose This chapter establishes lighting standards to encourage effective, nondetrimental lighting; maintain nighttime safety, utility, security and productivity; and encourage lighting practices and systems which will minimize light pollution, prevent glare and light trespass, conserve energy and resources, and curtail the degradation of the nighttime visual environment, and preserve the visibility of night skies in accordance with the Lighting Standards requirements set forth in Chapter 6.01 (Dark Sky, Light Pollution) of this Code. If there is any conflict between this Chapter and Chapter 6.01, the more restrictive shall apply. 9.205.020 Applicability The standards contained in this chapter shall apply to the following: Page 211 A.Lighting plan. All residential, commercial, industrial, mixed-use and public/quasi-public uses require approval of a lighting plan by the designated approving authority. B.New uses and buildings. All buildings erected and all uses of land established after the effective date of this Title, including single-family residential shall comply with the requirements of this chapter. C.Modification to existing structures and uses. Lighting shall be provided as required by this chapter whenever an existing building is modified, or a use is expanded such that it creates an increase of more than 10% in the number of existing dwelling units for residential projects or more than 10% in the existing square footage of commercial or industrial projects, or where an amendment or modification would have a measurable impact on abutting property or public views. 9.205.030 Permit Requirements Lighting is an integral component of nearly every development plan. Unless otherwise exempt, as outlined in Section 9.250.030 (Exempt Lighting), all outdoor lighting fixtures for new multifamily residential, commercial, industrial, mixed-use and public/quasi-public uses require approval of a lighting plan by the designated approving authority. Such approval shall be granted in conjunction with the required land use and development permits for a project. Any retrofit or amendment to an existing site and/or building lighting that would have a measurable impact on abutting property or views from the street right-of-way as determined by the Community Development Director shall require plot plan approval pursuant to Chapter 9.80 9.205.040 Exempt Lighting The following items shall be exempt from review requirements: A.All outdoor light fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas fixtures. B.Temporary lights used for holiday decorations. C.Lighting for temporary uses and special events permitted consistent with this code. 9.205.050 Prohibited Lighting The following types of lighting are prohibited: A.Lighting that is not aimed directly down, or unshielded lighting or any light source that is directly visible from a distance of 25 feet or more. B.Flood lights. C.Neon tubing or band lighting along buildings and/or structures as articulation, except as approved through plot plan approval. D.Search lights, laser source lights or any similar high-intensity light, except for emergency use by police or fire personnel at their discretion, or for lighting approved by the City for a temporary event. E.Lighting fixtures operated in such a manner as to constitute a hazard or danger to persons or to safe vehicular travel. F.Illumination of entire buildings, except for public, civic and religious buildings. G.Roof-mounted lighting except for security purposes. Page 212 H.Moving, flashing or animated lighting. 9.205.060 General Lighting Standards Exterior lighting shall be minimized to prevent glare and minimize reflected, ambient light so as to maintain visibility of the night skies. Lighting should be limited to only areas necessary for safety, security and to compliment architectural character. Low-power, even and balanced lighting shall be utilized to avoid high contrast between more and less brightly lighted or unlighted areas which create dark pockets or oversaturate one area with a “fish bowl” effect, and the escalation of lighting levels. The following standards shall apply to all outdoor lighting: A.Shielding. Except as otherwise exempt, all outdoor lighting shall be constructed with full shielding and/or recessed to reduce light trespass to adjoining properties. Each fixture shall be directed straight down and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the site. B.Level of illumination. Outdoor lighting shall be designed to illuminate at the minimum level necessary for safety and security and to avoid harsh contrasts in lighting levels between the project site and adjacent properties. Illumination standards are as follows: 1.The ratio of the maximum to minimum lighting levels shall not exceed 5:1. 2.Parking lots, driveways, trash enclosures/areas, public phones and group mailboxes shall be illuminated with an average not to exceed 2 foot-candles of light. 3.Convenience stores shall provide a maximum average level of illumination of 4 foot- candles across the parking lot during business hours. 4.Pedestrian walkways shall be illuminated with a maximum average not to exceed 1 foot- candles of light. 5.Entryways and exterior doors of nonresidential structures shall be the illuminated during the hours of darkness, with a minimum maintained 0.5 foot-candle of light, measured within a 5-foot radius on each side of the door at ground level. 6.Light Zone 1 – Dark (Park & Rural Settings): Open Space, Agricultural and Rural Residential Zones. Exterior lighting shall produce a maximum initial illuminance of no greater than 0.01 horizontal and vertical footcandles at the site boundary and beyond. Document that 0% of the total initial design fixture lumens are emitted at an angle of 90 degrees or higher from nadir (straight down). 7.Light Zone 2 – Low (Residential Areas): Residential Zones (LDR, LMDR, MHDR). Exterior lighting shall produce a maximum initial illuminance of no greater than the moon’s potential ambient illumination of 0.10 horizontal and vertical footcandles at the site boundary and beyond, and no greater than 0.01 footcandles 10 feet beyond the site boundary. Document that no more than 2% of the total initial design fixture lumens are emitted at an angle of 90 degrees or higher from nadir (straight down). 8.Light Zone 3 – Medium (Commercial, Industrial & High Density Residential Areas): HDR, CR, CO, BP, EDC, HI zones. Exterior lighting shall produce a maximum initial illuminance of no greater than 0.20 horizontal and vertical footcandles at the site boundary and beyond, and no greater than 0.01 footcandles 15 feet beyond the site boundary. Document that no more than 5% of the total initial design fixture lumens are emitted at an angle of 90 degrees or higher from nadir (straight down). Page 213 9.Athletic facilities may exceed the specified levels of illumination as needed. Measures shall be taken to minimize glare off-site. C.Maximum height of freestanding outdoor light fixtures. The maximum height of freestanding outdoor light fixtures and related structures is limited as follows: 1.Eighteen (18) feet when abutting or within 25 feet of residential zoning district. 2.No height limit for lights on public property when used to illuminate athletic fields. 3.Twenty-four (24) feet for all other lights. 4.Height shall be measured from the finish grade, inclusive of the pedestal, to the top of the fixture. D.Accent lighting. Architectural features may be illuminated by uplighting, provided that the lamps are low intensity to produce a subtle lighting effect and no glare or light trespass is produced. Wherever feasible, solar-powered fixtures shall be used. E.Signs. Lighting of signs shall be in compliance with Chapter 9.265 (Sign Regulations) of this code. F.Sports fields/outdoor activity areas. Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be mounted, aimed and shielded so that the light falls within the primary playing area and no significant off-site light trespass is produced. Lights shall be turned off within one hour after the end of the event, and no later than 11:00 p.m. G.Alternative designs, materials and installations. The respective designated approving authority may grant approval of alternatives to this section as part of a development review process. H.Maintenance. Fixtures and lighting shall be maintained in good working order and in a manner that serves the original design intent. I.Hours of operation. Non-essential site lighting shall be controlled by timers to turn off after 11:00 pm or immediately after closing of non-residential uses. 9.205.070 Outdoor Lighting Plan Requirements A.At a minimum, an outdoor lighting plan shall include the following: 1.Manufacturer specifications sheets, cut sheets and other manufacturer-provided information for all proposed outdoor light fixtures to show fixture diagrams and outdoor light output levels. 2.The proposed location, mounting height and aiming point of all outdoor lighting fixtures. 3.If building elevations are proposed for illumination, drawings of all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the illumination level of the elevations and the aiming point for any remote light fixture. 4.Photometric data including a computer-generated photometric grid showing foot-candle readings every 10 feet within the property or site and 15 feet beyond the property lines. 5.Demonstration of conformance with Chapter 6.01 (Dark Sky, Light Pollution) of the Municipal Code. Chapter 9.210 Performance Standards Page 214 Contents: 9.210.010 Purpose 9.210.020 Applicability 9.210.030 Air Quality 9.210.040 Heat Radiation and Electromagnetic Disturbances 9.210.050 Glare 9.210.060 Noise Control Regulations 9.210.070 Vibrations 9.210.080 Property Maintenance 9.210.090 Hazardous Materials 9.210.010 Purpose This chapter establishes general uniform performance standards across all zones in order to ensure compatibility of operations with surrounding areas and land uses generally while continuing to implement the adopted General Plan. 9.210.020 Applicability The standards in this chapter shall apply to the construction, change or expansion of a use or structure in all zones as applicable pursuant to each section noted below. 9.210.030 Air Quality A.Discharge Prohibited. The operation of any structure or use shall not directly or indirectly discharge air contaminants (e.g., carbon, dust, fumes, gases, mist, noxious acids, odors, particulate matter, smoke, soot, sulfur compounds) into the atmosphere that exceed any local, state or federal air quality standards or that might be obnoxious or offensive to anyone residing or conducting business either on-site or abutting the site. B.Compliance with Rules and Regulations. Stationary sources of air pollution shall comply with the requirements of the most recent Air Quality Management Plan and any rules identified by the California Environmental Protection Agency (CalEPA), the California Air Resources Board (ARB), and the South Coast Air Quality Management District (SCAQMD). C.SCAQMD Permit Filing Requirements. If requested by the Community Development Director, operators of uses, activities or processes that require SCAQMD approval to operate shall file a copy of the permit with the Community Development Department within 30 days of approval by SCAQMD. D.Minimum Separation Distances. The proximity of proposed sensitive land uses to air pollution sources should be considered in the siting of the sensitive use. For the purposes of this section, sensitive land uses are those land uses where individuals who are more susceptible to the effects of air pollution (e.g., athletes, children, the elderly, those with illnesses) than the population at large are most likely to spend time (e.g., schools and schoolyards, parks and playgrounds, day-care centers, nursing homes, hospitals, residential communities). Page 215 E.Odor Emissions. Noxious odorous emissions in a manner or quantity that is detrimental to or endangers the public health, safety, comfort or welfare are declared to be a public nuisance and unlawful within City limits. Therefore, the noxious odor source shall be minimized and/or mitigated to prevent further emissions release. F.Dust and Dirt. Land use activities that may create dust emissions (e.g., construction, grading) shall be conducted so as to create as little dust or dirt emission beyond the boundary line of the parcel as possible, including, but not limited to, the following: 1.Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required and that implementation of the proposed land use will occur as soon as possible after grading. 2.Operations During High Winds. Clearing, earthmoving, excavation operations or grading activities shall cease when the wind speed exceeds 25 miles per hour averaged over one hour. 3.Area of Disturbance. The area disturbed by clearing, demolition, earthmoving, excavation operations or grading shall be the minimum required to implement the allowed use. 4.Dust Control. During clearing, demolition, earthmoving, excavation operations or grading, dust emissions shall be controlled by regular watering, paving of construction roads or other dust-preventive measures (e.g., hydroseeding), subject to the approval of the City Engineer. a.Material(s) excavated or graded shall be watered to prevent dust. Watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day. b.Material(s) transported off-site shall be either sufficiently watered or securely covered to prevent dust. 5.On-site Roads. On-site roads shall be paved as soon as feasible. During construction, roads shall be watered periodically and/or shall be chemically stabilized. 6.Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Portions of the construction site to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained, subject to the discretion of the City Engineer. 7.Exhaust Emissions. Construction-related exhaust emissions shall be minimized by maintaining equipment in good running condition and in proper tune in compliance with manufacturer’s specifications. Construction equipment shall not be left idling for long periods of time. 9.210.040 Heat Radiation and Electromagnetic Disturbances Existing and proposed uses shall not generate excessive heat, electrical disturbances or radioactive emissions that can or may be considered hazardous or a nuisance, or the use shall be shielded, contained or otherwise modified to prevent these generations, disturbances or emissions. 9.210.050 Glare Page 216 Any existing or proposed use that constitutes or may be considered a nuisance or hazard on any adjacent property due to emittance of excessive light or glare from mechanical or chemical processes or from reflective materials used or stored on the site shall be shielded or otherwise modified to prevent such emissions. 9.210.060 Noise Control Regulations A.Intent. At certain levels, sound becomes noise and may jeopardize the health, safety or general welfare of city residents and degrade their quality of life. Pursuant to its police power, the City Council hereby declares that noise shall be regulated in the manner described herein. This chapter is intended to establish citywide standards regulating noise. This chapter is not intended to establish thresholds of significance for the purpose of any analysis required by the California Environmental Quality Act (CEQA), and no such thresholds are hereby established. B.General Exemptions. Sound emanating from the following sources are exempt from the provisions of this chapter: 1.Facilities owned or operated by or for a governmental agency. 2.Capital improvement projects of a governmental agency. 3.The maintenance or repair of public properties. 4.Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile. 5.Public and private schools and school-sponsored activities. 6.Agricultural operations on land designated Agriculture in the City's General Plan, or land zoned AG (Agriculture), provided such operations are carried out in a manner consistent with accepted industry standards. This exemption includes, without limitation, sound emanating from all equipment used during such operations, whether stationary or mobile. 7.Wind energy conversion systems (WECS), provided such systems comply with the noise provisions of the Menifee Municipal Code. 8.Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 7:00 a.m. and 8:00 p.m. 9.Motor vehicles (factory equipped), other than off-highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems. 10.Heating and air conditioning equipment in proper repair. 11.Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety and welfare. 12.The discharge of firearms consistent with all state laws. 13.Bars, nightclubs, cocktail lounges, cabarets, billiards/pool halls, restaurants, drive-ins and eating establishments that have a Conditional Use Permit for on-site alcohol sales and live entertainment (interior noise). Outdoor patios and similar areas shall be subject Page 217 to the requirements of this chapter, unless conditioned otherwise under Conditional Use Permit review. C.Construction-Related Exemptions. Exceptions may be requested from the standards set forth in Section 9.210.060 of this chapter and may be characterized as construction-related, single event or continuous events exceptions. 1.Private construction projects, with or without a Building Permit, located one-quarter of a mile or more from an inhabited dwelling. 2.Private construction projects, with or without a building permit, located within one- quarter of a mile from an inhabited dwelling, shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m., or specified in Section 8.01.010. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. 3.Construction-related exceptions. If construction occurs during off hours or exceeds noise thresholds, an application for a construction-related exception shall be made using the temporary use application provided by the Community Development Director in Chapter 9.105 of this Title. For construction activities on Sunday or nationally recognized holidays, Section 8.01.010 of this Code shall prevail. D.General Sound Level Standards. No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior and interior sound level on any other occupied property to exceed the sound level standards set forth in Table 9.210.060-1, Stationary Source Noise Standards. Table 9.210.060-1 Stationary Source Noise Standards Land Use Interior Standards Exterior Standards 10:00 p.m. to 7:00 a.m.40 Leq (10-minute)45 Leq (10-minute) 7:00 a.m. to 10:00 p.m.55 Leq (10-minute)65 Leq (10-minute) E.Sound Level Measurement Methodology. Sound level measurements may be made anywhere within the boundaries of an occupied property. The actual location of a sound level measurement shall be at the discretion of the enforcement officials identified in Section 9.210.060.G. Sound level measurements shall be made with a sound level meter. Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. Following a sound level measurement, the calibration of the sound level meter shall be reverified. Sound level meters and calibration equipment shall be certified annually. F.Special Sound Level Measurement Methodology. The general sound level standards set forth in Section 9.210.060.E apply to sound emanating from all sources, including the following special sound sources, and the person creating, or allowing the creation of, the sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards; failure to comply with these standards constitutes separate violations of this chapter. 1.Motor vehicles. a.Off-highway vehicles. Page 218 i.No person shall operate an off-highway vehicle unless it is equipped with a USDA-qualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device. ii.No person shall operate an off-highway vehicle unless the noise emitted by the vehicle is not more than 96 dBA if the vehicle was manufactured on or after January 1, 1986, or is not more than 101 dBA if the vehicle was manufactured before January 1, 1986. For purposes of this division, emitted noise shall be measured a distance of 20 inches from the vehicle tailpipe using test procedures established by the Society of Automotive Engineers under Standard J-1287. b.Sound systems. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of 10:00 p.m. and 8:00 a.m. the following morning, such that the sound system is audible to the human ear inside any inhabited dwelling. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, at any other time such that the sound system is audible to the human ear at a distance greater than 100 feet from the vehicle. 2.Power tools and equipment. No person shall operate any power tools or equipment as specified in Section 8.01.010, such that the power tools or equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than 100 feet from the power tools or equipment. 3.Audio equipment. No person shall operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 8:00 a.m. the following morning such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. No person shall operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than 100 feet from the equipment. 4.Sound-amplifying equipment and live music. No person shall install, use or operate sound-amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements shall control. a.Sound-amplifying equipment or live music is prohibited between the hours of 10:00 p.m. and 8:00 a.m. the following morning on Sunday through Thursday and between the hours of 11:00 p.m. and 8:00 a.m. the following morning on Friday and Saturday. b.Sound emanating from sound-amplifying equipment or live music at any other time shall not be audible to the human ear at a distance greater than 200 feet from the equipment or music. G.Duty to Cooperate. No person shall refuse to cooperate with, or obstruct, any peace officer or code enforcement officer when he or she is engaged in the process of enforcing the provisions of this chapter. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this chapter. Page 219 9.210.070 Vibrations All uses shall be so operated so as not to generate vibration discernible without instruments by the average person while on or beyond the lot upon which the source is located or within an adjoining enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles, trains and temporary construction is exempted from this standard. 9.210.080 Property Maintenance A.Maintenance required. Buildings, structures, yards and other improvements shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood. B.Prohibited conditions. The following conditions shall be prohibited: 1.Dilapidated, deteriorating or unrepaired structures (e.g., fences, roofs, doors, walls, windows). 2.Scrap lumber, junk, trash or debris. 3.Abandoned, discarded or unused objects or equipment (e.g., automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers). 4.Stagnant water or excavations, including pools and spas. C.Applicable regulations. Other applicable regulations on property maintenance include Chapter 11.40 (Abatement of Graffiti), Chapter 6.10 (Illegal Dumping), and Chapter 8.20 Nuisances Generally (Nuisances) of this Code. 9.210.090 Hazardous Materials The following standards are intended to ensure that the use, handling, storage and transportation of hazardous substances comply with the Menifee General Plan Safety Element S-5: Hazardous Materials, and all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the City. A Conditional Use Permit is required pursuant to Chapter 9.40 (Conditional Use Permits) for the storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold specified in the Uniform Building Code. For the purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Toxic Substances Control. A.Reporting Requirements. All businesses required by state law (Health and Safety Code Chapter 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the Community Development Director at the same time these plans are submitted to the Fire Department. B.Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code Chapter 6.7, and Section 79.1 13(a) of the Uniform Fire Code). Businesses that use underground storage tanks shall comply with the following notification procedures: 1.Notify the Fire Department of any unauthorized release of hazardous substances immediately and take steps necessary to control the release; and Page 220 2.Notify the Fire Department and the Community Development Director of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances. C.Aboveground Storage. Aboveground storage tanks for flammable liquids may be allowed subject to the approval of the Fire Department. D.Combustibles, Explosives and Discharge of Waste. 1.The use, handling, storage and transportation of combustibles and explosives shall comply with the provisions of Title 19 of the California Code of Regulations, Chapter 10 (Explosives). 2.No gasoline or other inflammables or explosives shall be stored unless the location, plans and construction conform to the laws and regulations of the State of California and have the approval of the City. 3.All discharge of waste shall be in conformity with the provisions of Chapter 15.01 of this Title, as amended. E.New Development. Structures subject to the provisions of this development code, as well as all newly created parcels, shall be designed to accommodate a setback of at least 50 feet from any existing natural gas or petroleum pipeline. This setback may be reduced, only if the Community Development Director can make one or more of the following findings: 1.The structure would be protected from the radiant heat of an explosion by berming or other physical barriers. 2.A 50-foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines or easements. 3.A containment system or other mitigating facility shall be constructed, and the City Engineer finds that a leak would accumulate within the reduced setback area. The design of the system shall be subject to the approval of the City Engineer. For the purpose of this section, a pipeline is defined as follows: 4.A pipe with a nominal diameter of 6 inches or more that is used to transport hazardous liquid, but does not include a pipe used to transport or store hazardous liquid within a refinery, storage or manufacturing facility; or 5.A pipe with a nominal diameter of 6 inches or more operated at a pressure of more than 275 pounds for each square inch that carries gas. F.Notification Required. A subdivider of a development within 500 feet of a pipeline shall notify a new/potential owner at the time of purchase and at the close of escrow of the location, size and type of pipeline. Chapter 9.215 Parking and Loading Standards Contents: 9.215.010 Purpose 9.215.020 Applicability 9.215.030 Application Requirements 9.215.040 Development Standards 9.215.050 Parking Requirements for Uses Not Specified Page 221 9.215.060 Request for Modifications from Parking Layout Requirements 9.215.070 Alternative Programs for Parking 9.215.080 Parking Lot Landscape 9.215.090 Special Review of Parking - Mixed Use 9.215.100 Electric/Alternative Fuel Vehicle Parking Requirement 9.215.110 Recreational Vehicle Parking 9.215.010 Purpose The purpose of this chapter is to provide sufficient off-street parking and loading spaces for all land uses in Menifee and to ensure the provision and maintenance of safe, adequate and well- designed off-street parking facilities. It is the intent of this section that the number of required parking and loading spaces will meet the needs created by the particular uses. The standards for parking facilities are also intended to reduce street congestion and traffic hazards and to promote vehicular and pedestrian safety and efficient land use. Off-street vehicle parking shall be provided in accordance with this section when the associated building or structure is constructed or the use is established. Additional off-street parking shall be provided in accordance with this section when an existing building is altered or dwelling units, Apartments or guest rooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use. 9.215.020 Applicability A.The provisions of this chapter apply to off-street parking, designed in accordance with the requirements of this chapter, shall be provided for: 1.All newly constructed buildings 2.Additions to existing buildings 3.Any change of use within an existing building B.All required parking shall be made permanently available and be permanently maintained for parking purposes. C.When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number. 9.215.030 Application Requirements A plot plan, pursuant to the provisions of Chapter 9.80 of this Title, shall be filed for approval of all off-street parking facilities, except for one- and two-family residences, unless the off-street parking facilities are approved as a part of a plot plan, conditional use permit or public use permit approval. 9.215.040 Development Standards In the case of mixed land uses, the total number of parking spaces shall be the sum of the requirements for the various uses computed separately unless shared parking is approved. Page 222 The following Table 9.215.040-1, Parking Requirements, is designed to allow calculation of parking spaces required for the uses shown. Table 9.215.040-1 Parking Requirements Use Per Square Foot or Unit Per Employee or Student Other Criteria For Vehicle Stacking General Commercial/Retail Uses Automobile repair and service shops/stations 1 space per 150 sq. ft. gross floor area (not including building for service bays) 4 spaces or service bays Banks and financial institutions 1 space per 250 sq. ft. gross floor area Stacking for 6 vehicles prior to the drive-up window Furniture and home furnishing stores 1 space per 750 sq. ft. of sale or display area Clubs, discos, ballrooms, cabarets, cocktail lounges, dance halls, lodges & incidental dancing areas, and similar facilities where dancing is the principal use 1 space per 30 sq. ft. of dance floor area General retail 3 spaces per 1,000 sq. ft. of gross floor area See 9.215.040.A.1 below Personal Services (barber, beauty, nails, etc.) 1 space per 150 sq. ft. gross floor area Professional business offices 3 spaces per 1,000 sq. ft. of floor area Restaurants or similar use, including drive- through 8 spaces per 1,000 sq. ft. of gross floor area 1 space per 2 employees Stacking for 6 vehicles prior to the menu board, or as required by a traffic impact Page 223 Table 9.215.040-1 Parking Requirements Use Per Square Foot or Unit Per Employee or Student Other Criteria For Vehicle Stacking assessment Self-Storage, public storage facilities 2 spaces per 3 employees Recreational Uses Amusement parks including multiple activities (such as simulated flying, racing, and mini gold etc.), and arcades 1 space per 250 sq. ft. of gross floor area Auditoriums, event centers, bingo operations, and assembly areas, including live entertainment 1 space per 30 sq. ft. of net assembly area 1 space per 3 seats Billiard and pool rooms, bowling alleys 1 space per 250 sq. ft. of gross floor area Game courts, badminton, tennis, racquetball 1 space per court Golf Course 4 spaces per hole Golf driving ranges (not in association with full-scale course) 1 space per tee Health and Fitness clubs/gymnasiums, indoor 1 space per 200 sq. ft. of gross floor area Parks and recreational areas, private 1 space per 8,000 sq. ft. of active recreational area within a park or playground 1 space per acre of passive recreational area within a park or playground Sports and recreational facilities (not including motor 1 space per 30 sq. ft. of net assembly area Page 224 Table 9.215.040-1 Parking Requirements Use Per Square Foot or Unit Per Employee or Student Other Criteria For Vehicle Stacking driven vehicles and riding academies, but including archery ranges, athletic playgrounds, athletic fields, sports arenas, skating rinks, stadiums, and commercial swimming pools) Theaters 1 space per 250 sq. ft. of gross floor area 1 space per 3 seats Industrial Uses Industrial uses 1 space per 250 sq. ft. of office area, PLUS 1 space per 500 sq. ft. of fabrication area, PLUS 1 space per 1,000 sq. ft. of storage area, AND 1 space per 500 sq. ft. of floor plan which is uncommitted to any type of use Manufacturing or repair plants maintaining more than one shift of workers 1 space per 2,000 sq. ft. of gross floor area Warehouse used exclusively for storage 1 space per 1,000 sq. ft. of gross floor area of warehouse, plus 1 space per 300 sq. ft. of office use Residential Uses Page 225 Table 9.215.040-1 Parking Requirements Use Per Square Foot or Unit Per Employee or Student Other Criteria For Vehicle Stacking Single-family 2 spaces per dwelling unit Duplex (two-family dwelling) 2 spaces per dwelling unit Multiple-family: single bedroom or studio 1.00 spaces per unit Multiple-family: two bedrooms 1.50 spaces per unit Multiple-family: three or more bedrooms 2.50 spaces per unit 1 space per employee Planned residential development: single-bedroom or studio 1.25 spaces per unit Planned residential development: two or more bedrooms 2.5 spaces per unit Senior citizen development 1.25 per unit Mobile home park 2 spaces per travel trailer or mobile home space; spaces may be tandem 1 guest space per 8 mobile home spaces Accessory dwelling unit (ADU)See 9.295.020 See 9.215.040.A.4 below See 9.295.020 Multi-family and Mixed Use Residential guest 1 space per each 10 dwelling units Lodging Uses Boarding houses, lodging or rooming houses, dormitories, fraternity and sorority houses 1 space per guest room Hotels and motels 1 space per guest room PLUS 1 space per 300 sq. ft. of Page 226 Table 9.215.040-1 Parking Requirements Use Per Square Foot or Unit Per Employee or Student Other Criteria For Vehicle Stacking meeting/conference or ballrooms Recreational vehicle 1 space per recreational vehicle site 1 visitor space per 5 recreational vehicle sites Medical Uses Assisted living and community care facilities 1 space per 3 employees 1 space per 3 beds, PLUS 1 space per vehicle owned and operated by the institution Hospitals 1 space per staff member of largest shift 1 space per 2 patient beds, PLUS 1 space per vehicle owned and operated by hospital or clinic Offices, clinics, including but not limited to medical, urgent care, eye care, dental and chiropractic 1 space per 200 sq. ft. of net leasable floor area Small animal hospitals and veterinary services (no outdoor facilities) 1 space per 300 sq. ft. of gross floor area Civic/Religious Institutions Art gallery, library, reading room, museum 1 space per 400 sq. ft. of gross floor area 1 space per 2 employees Cemeteries 1 space per 50 sq. ft of net assembly room area 1 space per employee 1 space per vehicle operated on the grounds by the proprietary institution Funeral parlor, mortuary with crematorium 1 space per 50 sq. ft. of net assembly area 1 space per employee Page 227 Table 9.215.040-1 Parking Requirements Use Per Square Foot or Unit Per Employee or Student Other Criteria For Vehicle Stacking Religious institutions 1 space per 50 sq. ft. of net assembly area used simultaneously for assembly purposes Public Utilities Public utility substations and storage buildings 1 space per 2 employees 1 space per vehicle kept in connection with the use Educational Institutions Day care centers, including nurseries and preschools 1 space per 2 employees PLUS 1 space per 5 children based on facility capacity Elementary and junior high schools 1.5 spaces per classroom PLUS 1 space per 5 fixed seats in auditorium, gymnasium, or similar public assembly facility Loading/unloading space for at least 2 school buses, or as required by a traffic impact assessment High schools 8 spaces per classroom Loading/unloading space for at least 2 school buses Colleges, universities, business colleges, commercial schools 1 space per employee PLUS 4 spaces per 10 students based on maximum Page 228 Table 9.215.040-1 Parking Requirements Use Per Square Foot or Unit Per Employee or Student Other Criteria For Vehicle Stacking classroom capacity Trade and vocational schools 1 space per 35 SF or instruction gross floor area OR 2 spaces per 3 people based on maximum number of students and staff A.Conditions and Exceptions. The following are conditions and exceptions to the requirements of Table 9.215.040-1, Parking Requirements. 1.Existing, permitted, non-residential uses on lots less than 6,500 square feet are exempt from the parking requirements. 2.Up to 2,500 square feet of floor area of non-residential uses in existing vertical mixed- use buildings are exempt from the parking requirements. 3.No minimum requirement for residential or mixed-use reuse of listed historic structures. 4.Multi-family and mixed-use guest parking. Guest parking spaces shall be distributed throughout multi-family development sites and the residential portion of the mixed-use development in a manner that allows an ease of use between the guest space and the location of the residential units. Guest spaces shall be marked as such and shall remain available for visitors to the property. In mixed use projects, these spaces are not to be used as additional parking for permanent residents or count towards required commercial parking within a mixed commercial/residential development. 5.Unless otherwise specified, all parking must be within 600 feet of the use served, on the same parcel as the use or on an adjoining appropriately zoned parcel. 6.All vehicle storage (stacking) spaces shall be located off-street. A driveway for stacking leading to a drive-up window shall be designed so as not to interfere with the free or orderly circulation of the parking area. See Section 9.240.090 Drive-Through and Drive- In Facilities for stacking space dimensions. 7.Commercial parking stalls shall be within a building or screened with a combination of walls and landscaping. An alternative screening structure/device may be approved by the approval authority. 8.Residential parking requirements set forth in this Chapter shall be provided within a parking structure or enclosed one- and two-car garages, except that for multiple family residences, condominiums, planned residential developments and senior citizen planned residential developments, at least one of the required parking spaces per unit shall be located in a garage or carport. Parking spaces shall be assigned to each individual unit. Individual one- and two-car garages shall maintain a minimum clear parking area of not less than 10 feet by 20 feet for a one-car garage and not less than 20 feet by 20 feet for a Page 229 two-car garage. No storage cabinets, areas designated for trash cans or recyclable containers, or mechanical equipment, including but not limited to, water heaters, utility sinks or washers and dryers, shall encroach into the required parking area. B.Layout Design Standards. 1.Location of Parking Areas a.No parking space shall be located within 3 feet of any property line. b.No parking space on a driveway providing direct access to a street shall be located closer than 30 feet from the property line at the right-of-way. C.Parking Space Specifications. 1.The location and dimensions of parking spaces and aisles adjacent to parking spaces shall be provided in accordance with Table 9.215.040-2, Dimensions of Parking Spaces and Aisles. Table 9.215.040-2 Dimensions of Parking Spaces and Aisles Parking Angle Stall Width (feet) Stall Length (feet) Stall Width Parallel to Curb or Wall (feet) Parking Space Depth to Wall or Curb (feet) Parking Space Depth to Interlock (feet) Maneuvering Aisle Width (feet)(1) Wall/Curb to Interlock Double Bay (feet) Wall to Wall Double Parking Bay (feet) Interlock to Interlock Double Bay (feet) Figure Label A B C D E F G Not Shown H 90 o 9.0 18.0 9.0 18.0 18.0 24.0 60.0 60.0 60.0 75 o 9.0 18.0 9.5 19.5 18.5 21.0 59.0 60.0 58.0 60 o 9.0 18.0 10.5 20.0 17.75 17.5 55.25 57.5 53.0 45 o 9.0 18.0 13.0 19.0 15.75 15.0 49.75 53.0 46.5 0 o 9.0 22.0 NA 9.0 22.0 12.0 43.0 33.0 NA (1) Aisles used for fire access shall not be less than 24 feet in width. Aisle widths below 24 feet can only be used for one-way traffic. Page 230 Figure 9.260.040-2 Reference Drawing for Minimum Parking Dimensions 2.The width of driveways for one-family and two-family dwellings shall be 12 feet, and 24 feet for all other multifamily and non-residential uses, except as otherwise modified by the approval authority. All driveways located within a road right-of-way shall be approved by the City Engineer. Where parallel parking is allowed, the minimum width shall be increased by 8 feet for parking on one side and by 16 feet for parking on both sides. 3.Stub streets in excess of 150 feet shall have a minimum 45-foot radius turnaround at the end, or as otherwise approved by the Riverside County Fire Department/Cal Fire. D.Off-Street Parking Area Striping 1.If five or more parking spaces are provided, each space shall be clearly marked with white paint or other easily distinguishable material. 2.If ten or more parking spaces are provided and one-way aisles are used, directional signs or arrows painted on the surface shall be used to properly direct traffic. E.Drainage 1.All parking areas, including driveways, shall be graded to prevent ponding and to minimize drainage runoff from entering adjoining properties. F.Curbs, Bumpers, Wheel Stops or Similar Devices 1.Public parking areas shall be equipped with permanent curbs, bumpers, wheel stops or similar devices so that parked vehicles do not overhang required walkways, planters or landscaped areas. a.If the method used is designed to stop the wheel rather than the bumper of the vehicle, the stopping edge shall be placed no closer than 2 feet from the edge of any required walkway, planter or landscaped area, or from any building. Page 231 b.The innermost 2 feet of each parking space, between the wheel stop or other barrier, and any required planter or walkway, may either be paved or be planted with low ground cover. 2.This additional planting area is considered part of the parking space and may not be counted toward satisfying any landscaping requirement(s). G.Lighting 1.Parking area lighting is not required. However, if parking areas are lighted, such lighting facilities shall be located to prevent lights from shining directly onto adjoining properties or streets. 2.Parking area lighting shall be of an energy-efficient type. Parking area lighting shall be consistent with Chapter 9.205, Lighting Standards and Chapter 6.01, Dark Sky Lighting Requirements of the Menifee Municipal Code. H.Walls 1.All paved parking areas, other than those required for single-family residential uses, which adjoin property zoned residentially, shall have a 6-foot-high solid masonry wall with an anti-graffiti coating installed to preclude a view of the parking area from such adjoining property. However, any walls within 10 feet of any street or alley shall be 30 inches high. I.Loading Space Requirements 1.On each lot used for manufacturing, storage, warehousing, goods display, a department store, a wholesale store, a market, a hotel, a hospital, a laundry, dry cleaning or other uses which involve the receipt or distribution by vehicles of materials or merchandise, adequate loading space for delivery vehicle stacking and for loading activities shall be provided and maintained. The loading space and delivery vehicle stacking area shall be located and designed so as to avoid undue interference with parking, or the public use of streets and alleys. 2.Each required loading space shall be ten feet wide, twenty-five feet long, and fourteen feet of unobstructed vertical height. 3.Turning Radius. All loading areas shall be provided with an adequate turning radius. An adequate turning radius means one which will enable a vehicle to maneuver into and out of the loading area without backing onto a street or highway. 4.Screening shall be provided consistent with Chapter 9.185, Fences, walls and screening. MINIMUM NUMBER OF LOADING SPACES Gross Floor Area (square feet)Number of Loading Spaces 7,499 or less 0 7,500 to 14,999 1 15,000 to 24,999 2 25,000 to 39,999 3 40,000 to 59,999 4 60,000 to 79,999 5 80,000 to 100,000 6 Page 232 MINIMUM NUMBER OF LOADING SPACES Gross Floor Area (square feet)Number of Loading Spaces For each additional 100,000 6 plus 1 J.Parking for Persons with Disabilities Parking spaces shall be provided for access by persons with disabilities in accordance with California Code of Regulations, Title 24. K.Bicycle Parking Facilities 1.Bicycle Parking Facility Classifications. Bicycle parking facilities shall be classified as follows: a.Class I. Covered, lockable enclosures with permanently anchored racks for bicycles. b.Class II. Lockable bicycle rooms with permanently anchored racks, where the bicyclist supplies only a padlock. c.Class III. Lockable, permanently anchored bicycle racks, where the bicyclist supplies a padlock and chain or cable to secure the bicycle to the stationary object, typically a cement slab or vertical metal bar. 2.Bicycle Parking Requirements. a.Minimum Bicycle Parking Facilities. The minimum bicycle parking shall be provided per Table 9.215.040-5, Bicycle Spaces for Bicycle Parking Facility Class. Table 9.215.040-5 Bicycle Spaces for Bicycle Parking Facility Class Bicycle Spaces for Bicycle Parking Facility Class Facility Class INDUSTRIAL RESTAURANTS AND COCKTAIL LOUNGES COMMERCIAL, OFFICE AND SERVICE USES NOT OTHERWISE LISTED Multi-Family Employees 1 bicycle space for every 25 parking spaces required. A minimum of 2 bicycle spaces required. Type: Class I or Class II 1 bicycle space for every 25 parking spaces required. A minimum of 2 bicycle spaces required. Type: Class I or Class II 1 bicycle space for every 25 parking spaces required. A minimum of 2 bicycle spaces required. Type: Class I or Class II A minimum of 2 bicycle spaces required. Type: Class I, II, or III Patrons or visitors Type: N/A 1 bicycle space for every 25 parking spaces required. A minimum of 2 bicycle spaces required. 1 bicycle space for every 25 parking spaces required. A minimum of 2 bicycle spaces required. N/A Page 233 Table 9.215.040-5 Bicycle Spaces for Bicycle Parking Facility Class Bicycle Spaces for Bicycle Parking Facility Class Facility Class INDUSTRIAL RESTAURANTS AND COCKTAIL LOUNGES COMMERCIAL, OFFICE AND SERVICE USES NOT OTHERWISE LISTED Multi-Family Type: Class I, II or III Type: Class I, II, or III Tenants N/A N/A N/A 1 bicycle space for every 20 parking spaces required. A minimum of 2 bicycle spaces required. Type: Class I, II, or III NOTES: 1.Where the application of the provisions in the above table results in the requirement for a fraction of a bicycle parking space, such a space need not be provided unless the fraction exceeds 50 percent. 2.Where the application of the provisions in the above table results in the requirement of fewer than six employee spaces, Class II racks need not be placed within an enclosed lockable area. b.Design Standards. Bicycle parking facilities shall be installed in a manner which allows adequate spacing for access to the bicycle and the locking device when the facilities are occupied. General space allowances shall include a 2-foot width and a 6-foot length per bicycle and a 5-foot-wide maneuvering space behind the bicycle. The facilities shall be located on a hard, dust-free surface, preferably asphalt or concrete. c.Exemptions. Requests for exemptions from bicycle parking requirements shall be made in writing to the approval authority. i.Exemptions from bicycle parking requirements shall be submitted and processed concurrently with the project application. ii.Exemptions may be granted depending upon the location of the site with respect to an urbanized area, the nature and hours of operation of the proposed use, and the accessibility of the site by bicycle at present and in the future. 9.215.050 Parking Requirements for Uses Not Specified When parking requirements for a use are not specifically stated, the parking requirement for such use shall be determined by the approval authority based on the requirement for the most comparable listed use in this article. Page 234 9.215.060 Request for Modifications from Parking Layout Requirements The approval authority may, without notice or hearing, permit modifications to the circulation and parking layout requirements where topographic or other physical conditions make it impractical to require strict compliance with these requirements and where the modification will not create a public safety impact. 9.215.070 Alternative Programs for Parking A.A residential, commercial or industrial project may provide for alternative programs which reduce parking demand in return for a reduction in the number of off-street parking spaces required. B.Alternative programs that may be considered by the approval authority under this provision include, but are not limited to, the following: 1.Private Carpool/Vanpool Operations. Office or industrial developments which guarantee preferred parking spaces to employees who participate regularly in a carpool or vanpool may have their parking requirement reduced by 2 parking spaces for every one space which is marked for a carpool or vanpool at a preferred location. 2.Mass Transit. Developments which are located within 150 feet of a mass transit facility may have their parking requirement reduced by 2% of the total number of required parking spaces. 3.Bicycle Parking. Developments which provide secured bicycle parking facilities exceeding the minimum requirement may reduce the number of required parking spaces by one vehicle space for every three additional bicycle spaces provided. 4.Shared Parking Requirements. The approval authority may, upon application by the owner or lessee of any property, authorize shared use of parking facilities under the following conditions: a.Sufficient evidence shall be presented to the approval authority to demonstrate that no substantial conflict in the principal hours or periods of peak demand will exist between the uses or structures which propose to share parking. b.The building or use for which an application for shared parking is being made shall be located within 300 feet of the parking area to be shared. c.No more than 50% of the parking space requirement shall be met through shared parking. d.Parties sharing off-street parking facilities shall provide evidence of a reciprocal parking agreement for such joint use by a proper legal instrument recorded in the office of the County Recorder with the number of copies as required and thereof filed with the City Clerk. 9.215.080 Parking Lot Landscape See Section 9.240.050.M for parking lot landscape requirements and standards. 9.215.090 Special Review of Parking - Mixed Use Page 235 A.The approval authority may reduce the parking requirement otherwise prescribed for any mixed use project as part of the review of a development plan including, but not limited to, a plot plan, a conditional use permit, a public use permit, a parking study, a planned development or a specific plan, based on the following conditions: 1.The applicant shall submit a request for modification of parking standards, including sufficient evidence and documentation, to demonstrate to the approval authority that unusual conditions warrant a parking reduction. Evidence shall include, but is not limited to, the following: a.Information showing that the parking area serves uses having peak parking demands which occur at different times. b.Documentation that other programs which will be implemented by the developer or tenant(s) will result in a reduced parking demand, such as the provision of monetary incentives to employees who regularly utilize public transit or participate in a carpool or vanpool. 2.As a condition of approval of the parking reduction, the applicant may be required to record agreements or covenants prior to issuance of a building permit, which assure that appropriate programs will be implemented for the duration of the parking reduction. 9.215.100 Electric/Alternative Fuel Vehicle Parking Requirement Electric/alternative fuel vehicle parking and charging stations shall be provided in accordance with the following standards. A.Applicability. Parking spaces with electric recharge stations shall be provided in new developments or remodeling or expansion of existing development that provide at least 250 vehicle parking spaces and where calculated costs are estimated to exceed $200,000. B.Number of Spaces Required. One Level 2 or 3 conductive and one inductive charger shall be provided in each project required to provide between 250 and 500 parking spaces, with an additional conductive and inductive charger provided for each additional 250 required parking spaces. C.Permit Requirements. All applicable electrical and building permit requirements, restrictions and inspections shall apply to the construction of charging/exchange stations. D.Level 1/Level 2 Stations. Level 1 or Level 2 electric vehicle charging stations are permitted within residential zones internal to the garage to serve the occupants of the individual dwelling unit or residential building. E.Level 3 Stations. Level 3 or commercial grade charging/exchange stations/spaces are restricted to service stations or parking lots within commercial, industrial and mixed-use zones (CR, CO, BP, HI, and EDC). Charging stations/spaces: 1.Shall be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operations shall be included if time limits or towaway provisions are to be enforced by the owner. Information identifying voltage and amperage levels or safety information must be posted. 2.Shall be sited within parking areas to discourage non-electric vehicle use. 3.Shall not interfere with on-site parking or pedestrian circulation. 4.Shall be maintained in functioning order in all respects. Page 236 9.215.110 Recreational Vehicle Parking Recreational vehicles (RVs) may be parked in single-family residential zones provided: 1.The vehicle is not used for dwelling purposes. 2.There shall be no connection to utilities or services. 3.The vehicle is kept only in the rear yard or side yard beyond the front yard setback. 4.The vehicle is kept on a paved or other suitably stabilized surface to the satisfaction of the City Engineer. 5.There shall be no extra curb cut created to accommodate the vehicle. 6.The vehicle has a current registration. 7.The vehicle must be screened from public view. Chapter 9.220 Sign Regulations Contents: 9.220.010 Purpose 9.220.020 Applicability 9.220.030 Types of Sign Permits 9.220.040 Prohibited Signs 9.220.050 Signs Exempt from Permit Requirement 9.220.060 Application Process 9.220.070 Appeals 9.220.080 Administrative Relief 9.220.090 Sign Violations and Enforcement 9.220.100 General Regulations 9.220.110 Message Substitution 9.220.120 Sign Measurement Standards 9.220.130 Permanent On-Site Sign Standards 9.220.140 Temporary On-Site Commercial Sign Standards 9.220.150 Off-Site Commercial Signage 9.220.160 Electronic Display Signs 9.220.170 Nonconforming Signs and Abandoned Signs 9.220.010 Purpose The City recognizes that signs are an essential element of a community's visual appearance and provide a means to identify and promote businesses and present information to the public. With proper regulation, signs may be displayed in a manner that effectively communicates their message while maintaining an attractive community appearance and ensuring they do not become visual distractions that pose potential safety issues. These regulations are intended to create a comprehensive and balanced system of sign regulation that will facilitate communication and simultaneously serve various public interests, including, but not limited to, safety and community aesthetics. Page 237 9.220.020 Applicability All signs, both permanent and temporary, require a permit prior to being placed or erected, unless specifically exempt from permitting requirements under this chapter. The permits required under this chapter are in addition to any other permits, licenses, or other approvals required by local, state or federal law or regulation. 9.220.030 Types of Sign Permits A.Temporary sign permits. A temporary sign permit shall be required for all temporary signs prior to erection, relocation, alteration or replacement, unless otherwise exempted by this chapter. B.Standard sign permit. A standard sign permit shall be required for all permanent signs prior to erection, relocation, alteration or replacement, unless otherwise exempted by this chapter. A standard sign permit shall not be required for general maintenance of existing signs or the replacement of the sign face (including message) when the area of the sign is not being changed and a building permit is not required (e.g., the replacement of a sign face on a can sign). In addition, a standard sign permit shall not be required if a master sign program has been approved for the property on which the sign will be located, and the sign is consistent with the existing master sign program. C.Master sign program. A master sign program pursuant to the provisions of Chapter 9.65 shall be required for all multi-tenant shopping centers, office parks and other multi-tenant, mixed-use or otherwise integrated developments of three or more separate tenants/uses that share buildings, public spaces, landscape and/or parking facilities. The purpose of a master sign program is to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement of high quality, and to allow for deviations from the otherwise applicable standards of Section 9.220.130. 9.220.040 Prohibited Signs The signs listed in this section are inconsistent with the purposes and requirements of this chapter and as such are prohibited in all zoning districts, unless specifically authorized by another provision of this chapter. A.Any sign inconsistent with the requirements of this chapter. B.Roof signs or signs placed above the roofline, except if allowed as part of an approved master sign program. C.Blinking and flashing signs. D.Pennants, banners, A-frame ("sandwich board") signs, and flags displaying a commercial message unless allowed through a temporary sign permit. E.Signs which are mobile, rotate or move, except if allowed as part of an approved master sign program. F.Signs which block a pedestrian path of travel. G.Obscene or unlawful advertising. H.Off-site commercial signs, except as provided in Section 9.220.150 (Allowed Off-Site Signage). Page 238 I.Signs placed in the public right-of-way or affixed to an element or structure on the public right-of-way, or located on a tree, fence, utility pole or other item located on public property, except where required by a governmental agency. J.Inflatable balloon signs, including, but not limited to, individual balloons, balloon strings and other inflatable objects made of a flexible material and inflated so as to be lighter than air, except if approved as part of a temporary sign permit for a property occupied by an auto center. This category also includes air-activated or air-blown signs and "air dancer" signs. K.Neon-style signs with or without exposed tubing, except as otherwise permitted for commercially zoned property and as part of exempt window signage as described in 9.220.050. L.Painted signs, such as signs painted on a fence, unless a noncommercial mural or part of a master sign program. M.Signs affixed to vehicles or trailers that advertise or promote a business that are the primary purpose of the vehicle (e.g., rolling billboard). This prohibition does not apply to signs permanently affixed to the side of a business or commercial vehicle (e.g., vehicle wraps on a delivery or service vehicle) or to signs required by state or federal law (e.g., contractor's license number). N.Signs attached to light standards unless part of a master sign program or the City's street banner program. O.Signs affixed to or placed on a structure or property not owned by the person installing the signs without the written consent of the structure or property owner. P.Signs that are dilapidated, abandoned or in disrepair or dangerous condition. Q.Pole signs. R.Any sign not expressly authorized pursuant to this chapter. 9.220.050 Signs Exempt from Permit Requirement The following sign types are expressly exempted from the permit requirements of this chapter so long as they comply with the standards set forth in this section. A.Official traffic signs or other municipal governmental signs, legal notices, signs required by law and placed by governmental entities, public utility and safety signs required by law, and any notice posted by a governmental officer in the scope of his or her duties. B.Direction, warning or information signs or structures required or authorized by law, or by federal, state, county or city authority, including, but not limited to, traffic control signs (e.g., stop, yield), highway route number signs and construction zone signs. C.Noncommercial utility company signs identifying cables, conduits and dangerous situations. D.Street address signs on buildings and building identification signs consistent with the City- adopted building code, all applicable provisions of the City Municipal Code and standards set by the entity providing fire protection services in the city. Notwithstanding anything to the contrary in this chapter, street address signs may be illuminated and may contain reflective paint or materials. E.Signs and advertising for the California state lottery that are authorized by state law. F.Signs on vehicles or vessels that are any of the following: license plates, license plate frames, registration insignia, noncommercial messages, commercial messages relating to the Page 239 business for which the vehicle or vessel is an instrument or tool, and messages relating to the proposed sale, lease or exchange of the vehicle or vessel. G.Noncommercial flags. Flags associated with a model home complex or other leasing or sale of homes shall not be considered noncommercial flags. H.Interior signs, not including window signs as defined in Section 9.220.050.P. I.Tombstones and similar identifying objects marking a grave. J.Signs on property undergoing construction or remodeling. One such sign is permitted per site for the duration of the active construction or remodel. The sign may not exceed 32 square feet in area and 8 feet in height, and it must be set back a minimum of 10 feet from the property line. Such signs shall not be illuminated and shall be removed within 30 days of the earliest of the following events: final building inspection approval, issuance of a valid certificate of occupancy, opening for business to the public or expiration of the building permit. If construction ceases for a period of 180 days, the sign shall be immediately removed, unless the City, in its sole discretion, allows the sign to remain. K.Signs on property for sale, lease or rent as follows, provided that such signs are removed within 10 days of close of escrow on the property or structure, or portion thereof, being sold, leased or rented: 1.On residential property with 12 dwelling units or less, one sign not exceeding 4 square feet in area and not exceeding a height of 5 feet. On weekends and holidays, up to six signs to direct traffic to the subject property are allowed, provided each sign does not to exceed 8 square feet in area and 3.5 feet in height. All such signs shall be located outside the public right-of-way and shall not be illuminated. 2.On multi-family property with more than 12 dwelling units, one sign (attached to building or freestanding) per street frontage not exceeding 24 square feet in area and not exceeding 5 feet in height. All signs shall be located outside the public right-of-way and shall not be illuminated. 3.On nonresidential and mixed-use property, one sign per street frontage, not exceeding 32 square feet in area and 8 feet in height. The sign shall not be illuminated. One such sign is permitted per 600 feet of frontage along a given street. L.Internal directional signs, such as exit, entrance or other on-site pedestrian or vehicular traffic directional signs. The maximum height of any internal directional sign shall be 42 inches and the maximum area shall be 4 square feet. No advertising or message other than directional indications shall be displayed. M.Temporary noncommercial signs consistent with the following requirements: 1.Temporary noncommercial signs on non-residential private property, not exceeding 32 square feet in aggregate area and not exceeding 6 feet in height. 2.Temporary noncommercial signs on residential property, not exceeding 6 square feet in area per sign, not exceeding a height of 6 feet and not exceeding an aggregate area of 12 square feet. Such signs must be set back at least 3 feet from the public right-of-way and shall not project above the roofline of any structure. 3.Temporary noncommercial signs on multi-dwelling-unit residential property, limited to one for each dwelling unit or rentable room on the property, not exceeding 4 square foot in area per sign and which are attached to and parallel with the building. Page 240 4.Temporary noncommercial signs related to an event, limited to one per parcel with a maximum size of 4 square feet in area. Such signs may not be located in the public right-of-way. They may be placed no more than 15 days prior to the event to which they relate and must be removed no later than 7 days following the event. The 15-day limitation on advance placement of signs shall not apply to signs related to an election. N.Certain permanent noncommercial signs not exceeding a height of 3 feet and not exceeding an aggregate area of 9 square feet. Such signs must be set back equal to the minimum building setback of the zone but in no case less than 20 feet from the public right-of-way and shall not project above the roofline of any structure. While such signs are exempt from the permit requirement prior to placing, erecting, moving, reconstruction, changing copy on, altering, or displaying the sign, these signs must be erected in compliance with the General Regulations set forth in Section 9.220.100 and the Permanent On-Site Sign Standards set forth in Section 9.220.130. O.Signs held by hand or personally attended to that display a noncommercial message, that are located on private property outside of any vehicular traffic lane and that are consistent with the following standards: 1.The maximum aggregate size of all signs held or personally attended by a single person shall be 12 square feet. Apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area. 2.The maximum size of any one sign which is held or personally attended by two or more persons is 32 square feet, measured on one side only. 3.The sign must have no more than two display faces and may not be inflatable or air- activated. P.Window signs (permanent or temporary) shall not cover more than 30% of the window area for each window of a commercial establishment. A commercial establishment's window signage may include up to two neon-style signs, with a maximum aggregate area of 4 square feet, except as otherwise approved as part of a master sign program pursuant to Chapter 9.65. 9.220.060 Application Process A.Method of application. An application for a standard sign permit, temporary sign permit or master sign program shall be made on the form(s) prescribed by the Community Development Department. The application shall be accompanied by a fee in an amount established by resolution of the City Council. B.Review authority. The Community Development Director, or his/her designee, shall be the review and decision-making authority for all sign permits required by this chapter, unless the sign permit application is accompanied by a variance request and/or is not exempt from review under the California Environmental Quality Act (CEQA). For sign permit applications accompanied by a variance request and/or that are not exempt from CEQA, the Planning Commission shall be the review and decision-making authority. In addition, the Community Development Director may, on a case-by-case basis, refer an application for a minor master sign program to the Planning Commission, in which case the Planning Commission shall be the review and decision-making authority for that application. C.Processing of applications. Page 241 1.Completeness. The Community Development Director shall determine whether an application contains all the necessary information and items. If it is determined that the application is not complete, the applicant shall be notified personally or in writing, within 5 business days for temporary sign permits, 15 business days for standard sign permits and 30 business days for master sign programs, of the date of receipt of the application that the application is not complete and the reasons therefor, including a listing of any additional information necessary to render the application complete. The time frames set forth in this paragraph are subject to reasonable extension by the Community Development Director if notification from the City within such time frames is infeasible due to, for example, a holiday weekend. 2.Disqualification. A sign application shall not be approved if: a.The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application. b.There is any other existing code violation on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the proposed sign(s). c.The application is substantially the same as an application previously denied, unless (i) 12 months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application. d.The applicant has not obtained any applicable required use permit. D.Multiple sign applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. E.Temporary or standard sign permit issuance. The Community Development Director shall issue a temporary sign permit within 5 calendar days of an application being deemed complete if the Community Development Director determines the proposed signs are in conformance with the requirements of this code. The Community Development Director shall issue a standard sign permit within 30 calendar days of an application being deemed complete if the Community Development Director determines the proposed signs are in conformance with the requirements of this code. F.Master sign program approval. The Community Development Director shall approve a master sign program, if exempt from CEQA and if no variance is required, if the Community Development Director determines the proposed signs are in conformance with the requirements of this code, and the design, location and scale of proposed signs for the integrated development are in keeping with the architectural character of the development. The Community Development Director may impose conditions in order to ensure compliance with this chapter and to prevent an adverse or detrimental impact on the surrounding neighborhood. Community Development Director may approve deviation from the requirements of this chapter where deemed consistent with the intent of the chapter. G.Form of decision. The Community Development Director's decision concerning a temporary sign permit, a standard sign permit or a master sign program shall be in writing and delivered to the applicant personally, electronically or via mail at the address provided on Page 242 the application. The processing time periods set forth in this section may be waived by the applicant. If a decision is not rendered within the time periods described in this section, or as otherwise agreed to by the applicant, the application shall be deemed denied. H.Permits issued in error or in conflict with this chapter. Any approval or permit issued in error may be summarily revoked by the City upon written notice to the holder of the reason for the revocation. Any permit or authorization of any type issued in conflict with the provisions of this chapter shall be null and void. I.Inspections. Inspection and approval of foundations, as well as a building permit, are required when a sign includes a footing design. The purpose of such inspection is to allow the inspector to verify the size and depth of excavated footing, reinforcement method and the like. All signs subject to this permit requirement require final inspection and approval by both the Community Development Department and the Building and Safety Department. 9.220.070 Appeals A.Right to appeal. Any applicant aggrieved by a decision of the Community Development Director on an application for a temporary sign permit, a standard sign permit and/or a master sign program may appeal such decision to the Planning Commission, and the Planning Commission's decision may be appealed to the City Council. The City Council's decision shall be final. B.Appeal process. Appeals shall be filed and processed in accordance with Section 9.30.100 of this Title. Except for signs that constitute a significant and immediate threat to public health or safety, the status quo of the subject sign(s) shall be maintained during the time an appeal is pending. 9.220.080 Administrative Relief A.Purpose. The administrative relief procedure established by this section is intended to allow for flexibility in regulations when a standard is inapplicable or inappropriate to a specific use or design. Administrative relief approval is required when any deviation is proposed from the sign regulations set forth in this chapter. Administrative relief may not be granted for prohibited signs. B.Persons eligible. For signs to be located on private property, the property owner or authorized agent of the property owner may initiate a request for administrative relief. For signs to be located on public property, a request may be initiated by the person, business or organization that will be responsible for the sign. C.Application. The information listed below is required at the time an administrative relief application is submitted to the Community Development Department. 1.A complete and signed application. 2.A letter of justification describing the request, including the specific provisions of this chapter from which relief is being sought. The letter shall also explain how the required findings for administrative relief can be made. 3.A processing fee as set forth by resolution of the City Council. 4.Other information as required by the Community Development Director. D.Approving authority. Page 243 1.The Community Development Director shall have the authority to approve an administrative relief request in accordance with Chapter 9.70 Minor Exceptions. 2.Any request for administrative relief that is accompanied by an application for another land use approval, such as a conditional use permit, shall be acted upon by the approving authority for the other approval. 3.For all other requests, the Planning Commission shall be the approving authority. E.Hearing and notice. In situations where the Community Development Director is acting as the approving authority, no public hearing or notice shall be required. In situations where the Planning Commission is acting as the approving authority, at least one noticed public hearing shall be held concerning the administrative relief request, and the Planning Commission shall by resolution approve, deny or approve in modified form the administrative relief request based on the findings set forth in division (f) of this section. F.Findings. In order for the approving authority to approve administrative relief from sign standards, it shall make all of the following findings: 1.The intent of this chapter is being preserved. 2.The proposed sign will enhance and harmonize with other on-site signs and with the site, building and/or use being identified by the sign. 3.The proposed sign will not negatively impact the aesthetics of the subject site or the surrounding properties. 4.In determining whether a sign is compatible, the approving authority may consider the form, proportion, scale, color, materials, surface treatment, overall sign size and the size and style of lettering. G.Appeal. An action of the Community Development Director with respect to an administrative relief application may be appealed to the Planning Commission, and an action of the Planning Commission may be appealed to the City Council. Appeals shall be filed and processed in accordance Section 9.30.100 of this Title. H.Enforcement and revocation. Any administrative relief approval may be revoked upon failure to comply with any of the conditions or terms of approval, or if any law or ordinance is violated in connection with the administrative relief approval. 9.220.090 Sign Violations and Enforcement A.Enforcement authority. In addition to any other person authorized to enforce the provisions of this code, the City Manager, or his or her designee, shall be authorized to enforce the provisions of this chapter. B.Public nuisance. Any sign erected, constructed, altered, enlarged, converted or moved contrary to the provisions of this chapter, and any illegal, abandoned or unmaintained signs, are hereby declared to be public nuisances. C.Removal of signs. 1.Notice of violation. Where it is determined that a sign has been erected or installed in violation of this chapter, abandoned or improperly maintained, or an applicable permit has terminated or been revoked, or the sign is otherwise in violation of this chapter, written notice of such determination and the grounds therefor shall be sent or delivered to the owner of the sign or, where ownership is not known, to the owner of the property where the sign is posted. The notice shall give the owner 5 calendar days to remove the Page 244 sign, to bring the sign into conformity with the provisions of this chapter or to appeal the determination, shall include instructions for how such appeal may be made and shall set forth the owner's right to reclaim the sign upon payment of costs. If the sign is not removed within that time period, the violation is not corrected, and an appeal is not received, the sign may be removed and stored by the City. Signs removed by the City that are not retrieved by the sign owner within 5 calendar days shall be considered abandoned and may be disposed of by the City. 2.Emergency removal. When it is determined that the sign in question poses an imminent safety hazard or dangerous condition, such sign may be removed immediately and stored by the City. As soon as possible following removal of a sign, the sign owner, if known, shall be given a notice of violation and the right to a hearing by requesting such hearing within 5 calendar days of receipt of the notice of removal. 3.Appeals. When timely requested, an appeal hearing shall be held within 10 calendar days of receipt of the written request. The hearing shall be presided over by a neutral hearing officer selected by the City, and the owner and the City shall be permitted to present evidence and cross-examine each other's witnesses. At the conclusion of the hearing, the hearing officer shall prepare a written decision which shall be delivered to the appellant within 10 days of the hearing. If the owner establishes the removal to be improper, the owner shall be entitled to a return of the sign without charge. In all other cases, the sign will be returned to the owner only upon payment of removal and storage costs. If the sign is not claimed within 30 days after the decision becomes final, the sign may be destroyed. D.Removal of temporary signs by unauthorized persons – prohibited. No person other than those authorized by this section shall remove any temporary sign from any property not owned or leased by that person, including any temporary sign within a public right-of-way. 9.220.100 General Regulations A.Construction requirements. Every sign and all parts, portions and materials thereof shall be manufactured, assembled and erected in compliance with all applicable state, federal and local laws and regulations. In addition, all signs shall comply with the following criteria: 1.All transformers, equipment, programmers and other related items shall be screened and/or painted to match the building or shall be concealed within the sign. 2.All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements. 3.All freestanding signs that incorporate lighting shall have underground utility service unless the lighting is solar-powered. 4.All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed. 5.Signs shall be constructed and located so as to not obstruct line of sight for pedestrians, bicyclists or vehicular drivers, and so as not to pose or create a safety concern. 6.All signs shall be constructed in accordance with all applicable California Building Code and National Electrical Code provisions, as well as in compliance with all legally required clearance from communications and electric facilities. Page 245 7.Sign support hardware shall be of a compatible material and design with the sign it supports and shall complement the architecture and design of building to which it is affixed, if any. Sign supports of a permanent sign shall be reviewed as part of the sign permit process. 8.Signs shall be designed and oriented to minimize light or glare upon adjacent residential properties and public rights-of-way. 9.Sign design, scale, color and materials shall be compatible in style with the building served by the sign. 10.Signs shall not be affixed to a fence or a tree, shrub, rock or other natural object. 11.Sign siting, generally. a.Attached signs. Attached signs may be located along any frontage of a structure or building that faces directly onto a public right-of-way or an internal circulation path on the site. Orientation of signs such that they face directly onto adjacent residential property is to be avoided and is allowed only when there is no practical alternative and the impact of the sign from the residences is minimized. b.Freestanding signs. The minimum setback distance for freestanding signs shall be 3 feet, measured from the edge of the public right-of-way or side of a driveway. All freestanding signs shall be located outside of any required clear visibility triangle. The minimum spacing distance between permanent freestanding signs, excluding on-site directory signs, shall be 50 feet. B.Maintenance requirements. Every sign and all parts, portions and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy or other non-maintained or damaged portions of a sign shall be repaired or replaced within 15 calendar days following notification by the City, or within such other extended time period approved by the City. Noncompliance with such a request will constitute a nuisance condition. C.Sign removal or replacement. When a sign is removed or replaced, all brackets, poles and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This requirement does not apply to signs undergoing routine maintenance. 9.220.110 Message Substitution Subject to the property owner's consent, a noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign authorized pursuant to this chapter, without consideration of message content. The purpose of this requirement is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision does not allow for the substitution of an off-site commercial message in the place of an on-site commercial or noncommercial message. 9.220.120 Sign Measurement Standards A.Sign area measurement procedures. Sign area shall be computed by including the entire area within a single, continuous, rectilinear perimeter, or a circle or an ellipse, enclosing the Page 246 extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop of structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself. Backing plates shall count as part of the sign area unless they are transparent. In the case of two- sided, multisided, or three-dimensional signs, the area shall be computed as including the maximum single display surface which is visible from any ground position at one time. See Figure 9.220.120-1 (Sign Area Measurement). B.Sign height measurement. Sign height shall be measured from the base of the sign at finished grade to the top of the highest attached component of the sign. However, if the sign is constructed on an artificial berm, the height of the signs, as measured from the toe of slope or berm, shall not exceed 150% of the maximum height allowed by this chapter. Figure 9.220.120-1 Sign Area Measurement 9.220.130 Permanent On-Site Sign Standards A.Purpose and intent. All permanent on-site signs, unless specifically exempt from permitting requirements under this chapter, require a sign permit as described in this chapter. Except as provided in divisions (d) through (h) of this section, permanent on-site signs shall be consistent with the standards listed in Table 9.220.130-1 (Signage Standards for Permanent On-Site Signs) as listed by base zoning district. B.General sign development and design requirements. The following general design requirements shall apply to permanent on-site signs. 1.Design compatibility with building. Signs shall be compatible with the architectural style of the primary building or buildings on the site where the sign is located. Signs Page 247 located on commercial sites but in a predominantly residential area shall consider compatibility with such residential area. In determining whether a sign is compatible, the Community Development Director may consider the form, proportion, scale, color, materials, surface treatment, overall sign size and the size and style of lettering. 2.Sign illumination. The artificial illumination of signs, either from an internal or external source, shall be designed so as not to cast stray light on surrounding rights-of-way and properties. The following requirements shall apply to all illuminated signs: a.External light sources shall be directed and shielded to limit direct illumination of an object other than the sign. b.The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impacts on residential properties in direct line of sight to the sign. c.Unless otherwise permitted by another requirement of this chapter, signs shall not have blinking, flashing or fluttering lights, or other illumination devices that have a changing light intensity, brightness or color. d.Colored lights shall not be used at a location or in a manner so as to be confused or constructed as traffic control devices. e.Light sources shall utilize energy-efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations, as well as with all applicable provisions of this code, including Chapter 6.01 (Dark Sky; Light Pollution). C.Development and design standards for specific sign types. The following additional requirements shall apply to the specific sign types identified: 1.Awning, canopy and umbrella signs. Awning, canopy and umbrella signs may be permitted only as an integral part of the awning, canopy or umbrella to which they are attached or applied. They shall be considered wall signs for signage area calculation purposes; however, if the sign does not contain any text, it shall not be considered a sign for allowable signage area calculation purposes. Awning signs shall only be allowed for first- and second-story occupancies, and temporary signs shall not be placed on or attached to awnings, canopies or umbrellas unless authorized pursuant to a temporary sign permit. 2.Monument signs. Monument signs shall only be permitted as follows: a.In an effort to promote full architectural integration of signs, voids between the sign face and the sign structure are prohibited. Either the sign face shall utilize the full width of the sign structure or coverings that are architecturally consistent with the rest of the sign shall be used to fill any voids. b.Materials and design for freestanding signs shall be complementary to the materials and design of the buildings for the related development. For example, if the facade of the building is made of brick or brick veneer, a complementary monument sign would also include brick. c.For monument signs in multitenant centers, the name of the center shall not be calculated in the maximum sign area. Rather, the name of the center shall have a separate maximum sign area of 8 square feet. All tenant signs shall have a minimum letter height of 8 inches. The maximum number of tenants is four tenants on each Page 248 sign face. The two sign faces of a monument sign are not required to be identical in terms of tenant identification. d. Landscaping shall be provided at the base of the sign. At a minimum, the landscape area shall be equal to the area of the sign. The approval authority may reduce this ratio during formal project review if found necessary and/or appropriate for the overall design of the proposed project. Landscaping shall be complementary to the landscaping for the overall site, shall be appropriately irrigated and shall include floral arrangements that include drought-tolerant annuals and perennials, which are designed to facilitate maintenance as well as to enhance aesthetic quality. The design of the landscaping shall be such that natural growth will not obscure the sign from the public right-of-way. 3.Projecting signs. Projecting signs, including, but not limited to, blade signs, bracket signs and marquee signs, shall be considered wall signs for the purposes of sign area calculations. Projecting signs shall only be permitted as follows: a.Location. Projecting signs shall be placed only on ground-floor facades, except for businesses located above the ground level with direct exterior pedestrian access and shall be spaced to maximize visibility of the signage. b.Angle of projection. Projecting signs shall be located either at right angles to the building front along the building facade, or, when located on the corner of a building, at a 45-degree angle to the corner of the building. c.Height. The lowest point of a projecting sign shall be a minimum of 8 feet above grade. d.Projection and suspension. The sign may project a maximum of 5.5 feet from the building and shall be suspended with a clear space of at least 6 inches between the sign and the building. e.Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign. f.Encroachment. Blade, bracket or marquee signs may not encroach into the public right-of-way or be located above it, into a designated emergency vehicle/fire access lane or into City-owned property without first obtaining an encroachment permit. 4.Wall signs. a.Signs should not obscure or cover architectural elements or decorative features of the building. A building’s architectural style and overall proportions should guide the design and placement of signs and the sign types selected for each business. The size and shape of a sign should be proportionate with the scale of the structure and/or architectural feature on which the sign is placed. b.Wall sign raceways shall be concealed from public view (e.g., within the building wall or otherwise integrated with the design of the sign and building) so as to not detract from the architectural character of the building. c.Channel letters, reverse channel letters and pushpin letters are required. Use of can signs is prohibited. d.Signage containing multiple elements (e.g., logo and text) on one facade shall be designed so that the multiple elements are located and scaled with relationship to each other. Page 249 e.Wall signs shall not extend more than seventy-five percent of the suite length for multi-tenant buildings or seventy-five percent of the facade/architectural element that the sign is placed on for a single tenant or multi-tenant buildings. f.Signs shall be placed in a manner that is consistent with the proportion and scale of architectural elements on the building facade. g.For businesses with more than one permitted wall mounted sign, the second sign shall not exceed eighty percent, third seventy percent, and fourth sixty percent of the maximum allowable sign area for the corresponding frontages. Figure9.220.130-1 Appropriate Wall Sign Placement 5.Neon-style signs. Neon-style signs for business identification are only permitted in commercial zoning districts as part of a master sign program, except that up to two signs not exceeding 4 square feet (combined) of neon-style window signage shall be allowed by right in all districts. Neon tubing shall be fully enclosed in a metal frame and covered with Plexiglas. Neon-style banding of buildings for architectural detailing is prohibited. 6.Menu/order board signs for drive-in and drive-through uses. Each drive-in or drive- through use is permitted two menu/order board signs and one clearance bar per drive- through lane. Such menu/order board signs and clearance bars shall not count as signs for purposes of Table 9.220.130-1 (Signage Standards for Permanent On-Site Signs), either in terms of number or area. The maximum height for a menu/order board sign shall be 6 feet and the maximum area allowed for each sign is 75 square feet. No alterations or additions (e.g., rider signs) along the exterior of a menu/order board sign or clearance bar are permitted. Page 250 7.Home Occupation and Home-based businesses. Provided the business is properly licensed and in compliance with all other applicable laws and regulations, signage for home occupation and home-based businesses shall comply with Chapter 9.320.050. 8.Regional centers and automobile centers. The maximum number of signs permitted, maximum area and maximum height of signs for regional shopping and automobile centers shall be determined as part of a master sign program. In addition to the allowable signage set forth in Table 9.220.130-1, regional centers and automobile centers are allowed one additional monument sign, with a maximum height of 55 feet, a maximum width of 20 feet, a maximum of two sign faces and a maximum sign area of 480 square feet per sign face (including center identification). 9.Movie theaters. Permissible signage and associated regulations for movie theaters shall be as determined as part of a master sign program. 10.Service stations. Signs for service stations shall be consistent with the standards in Table 9.220.130-2 (Signage Standards for Permanent On-Site Signs for Service Stations). D.Format and organization of standards. The signage standards listed below are summarized, where applicable, in table format for ease of use and organization. Concepts described in these tables are as follows. 1.Collective sign area. Allowable sign area either is a set square footage per establishment or is based on a ratio of allowable sign area to primary building frontage (e.g., 1 square foot of sign per 1 linear foot of primary building frontage, or 1 sf:1 lf). Where a ratio is described, it applies to the maximum sign area listed in Table 9.220.130-1 (Signage Standards for Permanent On-Site Signs). Sign area is calculated pursuant to Section 9.220.120 (Sign Measurement Standards). The total sign area allowed herein for each sign type may be distributed among the maximum number of signs permitted for that sign type. For commercial, office and mixed-use zoning districts, there are additional wall sign allowances for sub-establishments. 2.Mixed-use zoning districts. In mixed-use zoning districts, signage for residential uses shall be consistent with the standards for residential zoning districts (e.g., as if the development were in a residential zoning district). For nonresidential uses, signs shall be consistent with the standards for commercial and office zoning districts. Table 9.220.130-1 Signage Standards for Permanent On-Site Signs (1) Development Standards Use Type Sign Type Maximum Number Permitted Maximum Aggregate Area (1) Maximum Height Residential Zoning Districts Wall sign 1 sign per establishment 20 sf RooflineInstitutionMonument sign 1 sign per establishment 24 sf 6 ft. Wall sign Roofline or 20 ft., whichever is less Multi-family complex, 12 units Monument sign 1 sign per street frontage, maximum 2 signs 12 sf 6 ft. Page 251 Table 9.220.130-1 Signage Standards for Permanent On-Site Signs (1) Development Standards Use Type Sign Type Maximum Number Permitted Maximum Aggregate Area (1) Maximum Height Wall sign Roofline or 20 ft., whichever is less Multi-family complex, > 12 units Monument sign 1 sign per street frontage, maximum 2 signs 24 sf 6 ft. Wall sign 6 ft.Permanent subdivision identification sign Monument sign 2 signs per development entry 24 sf (2)6 ft. Wall sign 20 sf RooflineSchoolMonument sign 2 per school 50 sf 20 ft. Commercial and Office Zoning Districts Establishments not in a multitenant center Wall sign 1 wall sign per building face, max 3 1 sf: 1 lf Roofline or 20 ft., whichever is less Monument sign 1 sign per street frontage, max 2 Max 4 signs total between both types 32 sf 8 ft. Wall sign, primary establishment 1 sign per establishment per building face, max 3 1 sf :1 lf, Wall sign, sub- establishment 1 sign per sub- establishment building face, max 2 1 sf: 1 lf, Roofline or 20 ft., whichever is less Retail establishments under 100,000 square feet in a multitenant center Monument 1 sign per street frontage (3)32 sf (4)8 ft. Wall signs, primary establishment 6 signs total (maximum 4 signs per building face) 1 sf :1 lf max Wall sign, sub- establishment 1 sign per sub- establishment building face, max 3 1 sf :1 lf max 75 sf (total of 3 signs) Cannot project above wall plane Retail establishments over 100,000 square feet (freestanding or within multitenant center)Monument signs 1 per street frontage (4)72 sf 12 ft. Office establishments in a multitenant center with two stories or Wall sign 1 sign per establishment (not per tenant) per building face, max 2 1 sf :1 lf, Roofline Letter height may not exceed: 2'6" Page 252 Table 9.220.130-1 Signage Standards for Permanent On-Site Signs (1) Development Standards Use Type Sign Type Maximum Number Permitted Maximum Aggregate Area (1) Maximum Height Logo height may not exceed: 4' less Monument sign 1 sign per building per street frontage (3)32 sf (4)8 ft. Wall sign 2 building identification signs or primary tenant identification signs and 6 secondary tenant identification signs 3 story - 175 sf 4 story - 200 sf 5 story - 225 sf Roofline. Letter height may not exceed: 3 story - 2'10" 4 story - 3' 5 story - 3'4" Logo height may not exceed: 3 story - 4'6" 4 story - 4'10" 5 story - 5'4" Office establishments in a multitenant center with three stories or more Monument Sign 1 sign per street frontage (3)32 sf (5)8 ft. Industrial Zoning Districts Wall sign 1 sign per establishment per building face, max 2 1 sf :1 lf, max 150 sf total per establishment Roofline All establishments Monument sign 1 sign per street frontage (3)32 sf (5)8 ft. Table Notes: 1.Signage required by the Fire District's standards for multi-family and commercial/industrial facilities are exempt from the limits set forth in this table. 2.Subdivision entrance sign areas may be increased based on the subdivision name and architectural enhancement, subject to approval authority review. 3.May be increased to 2 per street frontage when signs are spaced a minimum of 300 feet apart. Alternatively, the maximum area may be increased to 48 square feet when the site frontage is longer than 500 feet. In no case may these two allowances be combined. 4.On multitenant monument signs, the name of the center shall not be calculated in the maximum sign area. Rather, the name of the center shall have a separate maximum sign area of 8 square feet. 5.May be increased to 2 per street frontage when signs are spaced a minimum of 300 feet Page 253 Table 9.220.130-1 Signage Standards for Permanent On-Site Signs (1) Development Standards Use Type Sign Type Maximum Number Permitted Maximum Aggregate Area (1) Maximum Height apart, but additional signs allowed per this section cannot exceed 8 feet in height and 32 square feet in area. Table 9.220.130-2 Signage Standards for Permanent On-Site Signs for Service Stations Development Standards Sign Type(1)Maximum Number Permitted Maximum Aggregate Area(2) Maximum Height Monument 1 sign per street frontage, max 2 36 sf 8 ft. Wall sign, primary establishment 1 sign per street frontage, max 2 Roofline Wall sign, canopy 1 sign per street frontage Max 5 signs total between all types 2 sf :1 lf, max 50 sf Roofline Wall Sign, sub- establishment 1 sign per sub-establishment, max 2 12 sf Roofline or 20 ft., whichever is less Table Notes: (1)Temporary signs are subject to separate permit requirements and regulations set forth in Section 9.220.130 (Temporary On-Site Commercial Sign Standards) of this code. (2)The total maximum area includes pricing information required by California Business and Professions Code Section 13530, et seq. 9.220.140 Temporary On-Site Commercial Sign Standards A.Permit required. With the exception of signs exempt from permitting requirements under this chapter, all temporary on-site commercial signs shall require a temporary sign permit prior to their placement. Temporary on-site commercial signs include, but are not limited to, signs for grand openings or for special product, sale or event advertising. Temporary on-site commercial signs must comply with the standards listed in Table 9.220.140-1 (Allowed Temporary On-Site Commercial Sign Standards). B.Time duration. 1.Generally. Display periods for temporary on-site commercial signs shall be limited to a maximum of 90 days per calendar year, with a maximum of 45 consecutive calendar days at a time. Longer durations may be permitted through issuance of a conditional use permit. 2.Subdivision signs. All temporary on-site commercial signs for subdivisions shall be removed within 10 days after all lots in the subdivision are sold. The subdivider shall provide the City with a deposit in an amount established by resolution of the City Council to ensure compliance with such requirement. Page 254 C.Illumination. Temporary signs shall not be illuminated. Table 9.220.140-1 Temporary On-Site Commercial Sign Standards Development Standards Sign Type Maximum Number Permitted Maximum Area Maximum Height Minimum Setback from ROW (1) On-Site Subdivision Signs Flags 6 flags 15 sf per flag 15 ft.5 ft. Signs on model home sites 1 per model unit Sales center sign 1 per model complex 16 sf per side, max 2 sides 6 ft.3 ft. Other signs 1 sign per street frontage of the boundary of the project 32 sf per side, max 2 sides (64 sf total) 15 ft.5 ft. All Other Uses (2) Wall Roofline 5 ft. Freestanding sign, excluding flags 1 sign per establishment 50 sf 8 ft.5 ft. Flags 1 flag 30 sf per flag 15 ft.5 ft. Table Notes: (1)Must be located outside of the clear visibility triangle. (2)Choice of two temporary sign types at a time, unless otherwise approved as part of a temporary event permit. 9.220.150 Off-Site Commercial Signage A.General prohibition. Generally, all new off-site commercial signage is prohibited within the city. Existing off-site commercial signs (e.g., billboards) are considered nonconforming signs and regulated by Section 9.220.170 (Nonconforming Signs and Abandoned Signs). Notwithstanding the foregoing, off-site subdivision directional signs are allowed as provided in division (B) of this section. In addition, City signs and City-sponsored signs are exempt from the off-site commercial signage prohibition. B.Off-site subdivision directional signs. 1.Permit required. Off-site subdivision directional signs shall require a temporary sign permit. 2.Standards. Off-site subdivision directional signs shall comply with the standards set forth in this division, in addition to the general standards applicable to all signs. a.A maximum of six off-site signs may be used to lead customers to the subdivision site. b.Signs shall be no larger than 60 inches by 10 inches and shall be grouped on a four- sided sign structure as shown in Figure 9.220.150-1 (Subdivision Directional Sign). Page 255 c.An off-site subdivision directional sign must be located at least 600 feet from existing or previously approved off-site subdivision directional signs. d.A sign location plan shall be prepared showing the site of each directional sign and shall be submitted to the Community Development Department prior to the issuance of the temporary sign permit. e.Any such sign approved for a particular subdivision within the city shall not be changed to advertise another subdivision without prior approval of the Community Development Director. f.There shall be no additions, tag signs, balloons, streamers, devices, display boards or appurtenances added to the sign as originally approved. g.All nonconforming subdivision directional signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit. 3.Duration. Off-site subdivision directional signs shall be allowed until all lots in the subdivision are sold out. 4.Building Industry Association kiosk directional sign program. Off-site subdivision directional signs may be installed through the Building Industry Association (BIA) of Southern California's Riverside County Chapter without the subdivider obtaining a separate permit from the City so long as there exists a valid agreement between the City and the BIA concerning placement and regulation of such signs. All off-site subdivision directional signs installed through the BIA shall be regulated and installed per the agreement and approvals between the BIA and the City. The BIA shall not install any new structures without the express written consent of the Community Development Director. If the signs are to be located within the right-of-way, the express written consent of the Director of Public Works and Engineering must be obtained as well. Page 256 Figure 9.220.150-1 Subdivision Directional Sign 9.220.160 Electronic Display Signs A.No new electronic display signs shall be established except as provided in this chapter. The City recognizes that as of the effective date of this chapter there are several electronic display signs in Menifee. Such signs, if legal at the time of their erection, are declared legal nonconforming signs and may continue to operate in accordance with Section 9.220.170(A) (Nonconforming and Abandoned Signs). B.The limitation established by this section shall not apply to the following types of signs. 1.Manually changeable copy signs. 2.Signs providing information on fuel price and grade and fueling stations. 3.Signs located on property occupied by an auto center or a movie theater use and that are approved as part of a master sign program. 4.Signs owned by the City. 5.Signs located on City property. 6.Signs for educational facilities. 9.220.170 Nonconforming Signs and Abandoned Signs A.Nonconforming signs. 1.Except as otherwise provided by this section, all existing signs that were legally erected and which do not meet the requirements of this chapter shall be deemed legal Page 257 nonconforming signs and shall either be removed or brought into compliance with the City's Municipal Code when a substantial alteration to the sign is made. Change of copy shall not be deemed a substantial alteration. For purposes of this section, a substantial alteration shall be defined as repair or refurbishing of any sign that alters its physical dimensions or height, or replaces any integral component of the sign including, but not limited to, alterations to exterior cabinets, bases or poles. In addition, substantial alteration shall also include any repair or refurbishing of a sign that exceeds 50% of the depreciated value of the sign and structure, excepting customary maintenance. Customary maintenance shall be defined as any activity or work performed for the purpose of actively maintaining the sign in its existing approved physical configuration and size dimensions at the specific location approved by the City and includes the following: a.Repainting the sign text, cabinet or other component of the sign without changing the advertising message; or b.Routine replacement of border and trim with substantially the same colors and materials. 2.A legal nonconforming sign may remain in use provided no additions or enlargements are made thereto and no substantial alterations are made thereto, except as permitted for customary maintenance in this section. If said nonconforming sign is destroyed or removed or ceases to be used for the use in existence as of the effective date of the ordinance codified in this chapter, every future sign at the same location must be in conformance with the requirements of this chapter. B.Abandoned signs. Abandoned signs may be abated by the City. For regulatory purposes, any factors indicating abandonment shall not begin occurring until 120 days after the effective date of this chapter. Chapter 9.225 Waste Storage Facilities Contents: 9.225.010 Purpose 9.225.020 Applicability 9.225.030 Permit Requirements and Exemptions 9.225.040 Development Standards 9.225.010 Purpose This chapter establishes standards for the provision and construction of waste storage areas to screen the waste container(s) from public view, maintaining any loose debris within the enclosure and providing a permanent location for the container(s) that will not encroach on driveways, parking, pedestrian and emergency access areas. The intent of these regulations is to comply with state law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911). The term “waste” shall be used in this section to represent refuse and recyclable materials. 9.225.020 Applicability The standards contained in this chapter shall apply to the following: Page 258 A.New uses and buildings. For all buildings erected and all uses of land established after the effective date of this Title, waste facilities shall be provided as required by this chapter. B.Modification to existing structures and uses. Whenever an existing building is modified, or a use is expanded such that it creates an increase of more than 10% in the number of existing dwelling units for residential projects or more than 10% in the existing square footage of commercial or industrial projects, waste facilities shall be provided as required by this chapter. 9.225.030 Permit Requirements and Exemptions A.Permit required. Consistency with the regulations contained in this chapter shall be reviewed concurrent with any required building permit or land use permit for applicable projects. B.Exemptions. The following projects are exempt from the requirements of this chapter: 1.Residential projects of three units or less. Residential projects containing three units or less are not subject to the requirements in this chapter. Individual waste storage containers are still required. 2.Temporary uses. Temporary uses shall not be required to provide an enclosure in accordance with this chapter. Waste storage containers are still required. 9.225.040 Development Standards A.Number of waste enclosure. Waste enclosures for multi-family residential, commercial and industrial uses shall be of sufficient size to accommodate the waste generated by the uses being served, consistent with the following standards, unless deemed appropriate by the approving authority. All nonresidential development shall have a minimum of one 60 square foot waste enclosure. 1.Commercial. Commercial office and retail developments shall provide waste enclosures at a ratio of 60 square feet per 10,000 square feet of floor area or major fraction thereof. 2.Restaurants. Fast food and take out restaurants shall provide exterior waste receptacles at public entrances and at drive-thru exits in addition to the enclosures required by subsection 1 of this section. Other restaurants shall provide the enclosures required by subsection 1 of this section. 3.Industrial. Industrial buildings shall provide waste enclosures at a rate of 60 square feet per 10,000 square feet of gross floor area or major fraction thereof for the first 20,000 square feet of building area. Thereafter, waste enclosures shall be provided at a rate of 60 square feet for each 50,000 square feet of building area or major fraction thereof. 4.Multi-family. One waste enclosure per four dwelling units (or fraction thereof) within multi-family dwelling unit projects. B.Screening of waste storage areas. All outdoor storage of waste, garbage, refuse and other items or materials intended for discarding or collection shall be screened from public view on three sides by a permanent waste enclosure. 1.Materials and construction. Waste enclosures shall be sized to accommodate the required number of bins and shall be constructed of a 6-foot-high solid wall of 8-inch block construction, or similar permanent construction, on three sides using materials used in the primary structure, including masonry material, stucco, brick, stone or decorative concrete block and must provide a decorative wall cap. The fourth side shall Page 259 be an opaque gate 6 feet in height made of wood or metal painted to match the surrounding wall. 2.Storage of recyclable and organic materials. A covered storage area, that is accessible for truck loading shall be incorporated into each waste enclosure for collection of recyclable and organic materials, consistent with California State Law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911). 3.Visibility. a.Gates of waste enclosures shall remain closed at all times, except when the enclosure is being accessed for refuse disposal or pickup. b.Waste bins shall not be visible above the wall. C.Maintenance. The property owner shall keep all waste enclosures, including gates, maintained in a clean condition, free of graffiti, in good repair and in functional order at all times. D.Water Quality Requirements. Trash enclosures shall meet new storm water quality standards, including: 1.A solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. 2.Concrete slab floor which is graded to collect any spill within the enclosures. 3.All trash bins in the enclosure shall be leak proof with lids that are continously kept closed. 4.The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. E.Architectural treatment. All waste enclosures visible from streets or public parking areas shall be constructed and finished to be compatible with the architectural details and decor of the primary structure. F.Location. 1.Waste enclosures shall not be located within the required front or street side setbacks and shall be located near a driveway that allows access by the waste pickup vehicles. 2.Garbage containers or waste bins shall not be kept, placed or maintained so as to be visible from any public street or alley, except on days designated for waste collection. G.Modifications. Any variation from these standards shall be submitted to the Community Development Director for approval. The Director may approve or deny the proposed modification to achieve consistency between the design of the waste enclosure and the primary structure on-site, or when such modification is determined necessary to comply with the requirements of the waste hauler or state law. Chapter 9.230 Utilities Contents: 9.230.010 Purpose 9.230.020 Applicability 9.230.030 Development Standards – Residential Page 260 9.230.040 Development Standards – Commercial and Industrial 9.230.050 Deferral of Undergrounding 9.230.010 Purpose This chapter establishes requirements for the undergrounding of utilities, both on-site and off- site. 9.230.020 Applicability The regulations contained in this chapter shall apply to the construction, change or expansion of a use or structure and require that utilities are undergrounded in accordance with the requirements in this chapter. The requirements of this chapter shall apply to the following: A.New Uses and Buildings. For all buildings erected and all uses of land established after the effective date of this Title, utilities shall be undergrounded as required by this chapter. B.Modification to Existing Structures and Uses. Whenever an existing building is modified, or a use is expanded such that it creates an increase of more than 25% in the number of existing dwelling units for residential projects of more than 10 units, or more than 25% in the existing square footage of commercial or industrial projects where such expansion exceeds 10,000 square feet in size, utilities shall be undergrounded as required by this chapter. 9.230.030 Development Standards – Residential Utilities shall be installed in accordance with the following standards for residential projects: A.Projects of More Than 5 Units. All utilities serving residential projects of more than 5 dwelling units shall install underground utilities both on-site and in the public right-of-way, including existing utilities. B.Projects of 5 or Fewer Units. All utilities serving residential projects of 5 dwelling units or less shall install underground utilities as follows: 1.On-Site. All on-site utilities shall be installed underground. 2.Public Rights-of-Way. All utilities in the public right-of-way, including existing utilities, shall be installed in a manner consistent with the existing surrounding improvements directly abutting the subject property. 9.230.040 Development Standards – Commercial and Industrial All utilities serving new commercial or industrial projects shall install underground utilities both on-site and in the public right-of-way, including existing utilities. 9.230.050 Deferral of Undergrounding A.Applicability. A request for deferral shall apply only to the undergrounding of existing off- site overhead utilities. B.Request for Deferral. Request for a deferral of undergrounding utilities shall be made in writing to the City Manager. C.Approval Authority. Page 261 1.For any project for which the Community Development Director is the designated approving authority, the City Manager shall have the discretion to either require the undergrounding of off-site utilities or defer such undergrounding, subject to the requirements of Subsection 9.230.050.D. 2.For any project for which the Planning Commission or City Council is the designated approving authority, the applicable approval authority shall have the discretion to either require the undergrounding of off-site utilities or defer such undergrounding, subject to the requirements of Subsection 9.230.050.D. D.Findings for Approval and Requirements. Any approval for the deferral of utilities is subject to the following. 1.The request shall be supported by cost estimates prepared by a licensed professional and approved by the City Engineer. All cost estimates shall be provided by the applicant at the time of the request. 2.A finding that the cost of such undergrounding or the impact of such undergrounding on adjacent properties exceeds a reasonable cost based on the scale of the proposed project. 3.The property owner shall be required to enter into a deferred improvement agreement committing the participation of the property in its fair-share cost of such undergrounding at a future date. 4.Undergrounding of utilities shall be in a manner consistent with the surrounding improvements directly abutting the subject property at the time such undergrounding of utilities occurs. ARTICLE 5: SPECIAL USE STANDARDS Contents: Chapter 9.235 Animal Keeping Chapter 9.240 Motor Vehicle and Related Uses Chapter 9.245 Bed & breakfast uses Chapter 9.250 Alcoholic Beverages Sales, Consumption and manufacturing Chapter 9.255 Home Occupation and Home-Based Businesses Chapter 9.260 Outdoor Sales, Display and Dining Chapter 9.265 Tattoo Establishments Chapter 9.270 Community Care Facilities Chapter 9.275 Hookah and Marijuana Uses Chapter 9.280 Recycling Facilities Chapter 9.285 Mobilehome Parks Chapter 9.290 Wireless Communication Facilities Chapter 9.295 Special Housing Types Chapter 9.235 Animal Keeping Contents: 9.235.010 Purpose 9.235.020 Applicability Page 262 9.235.030 Keeping of Animals 9.235.040 Fowl 9.235.050 Kennels 9.235.060 Miniature Pigs 9.235.070 Animal Maturity 9.235.080 Animal Grazing 9.235.010 Purpose The purpose of this chapter is to provide reasonable standards for the keeping and raising of animals to avoid and minimize adverse impacts on adjacent properties and preserves the city’s quality and character. This chapter will allows for keeping of animals in limited numbers with reasonable controls and safeguards to protect the character of the community. 9.235.020 Applicability A.The requirements contained in this chapter shall apply to all animal keeping in the City of Menifee including domestic and farm animals, kennels, catteries, horse stables, boarding and riding academies. B.Any legally established nonconforming animal keeping use that became nonconforming upon adoption of this ordinance shall be permitted to continue subject to Chapter 9.15 (Nonconforming Uses, Structures). C.Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 9.280.030-1 subject to compliance with setback regulations of the underlying zoning district and subject to approval by the Community Development Director. 9.235.030 Keeping of Animals Animal keeping uses allowed in Article 3 (Zones) and listed in Table 9.235.030-1 shall comply with the standards listed in Table 9.235.030-1 (Animal Keeping Standards) and with all other standards and requirements of this section and with all other applicable ordinances and regulations. Only the following animals may be kept in the following zones up to the maximum numbers listed, except where they create a public nuisance regardless of their numbers. Unless specified below, no animals or fowl, other than domestic pets, poultry and rabbits for the exclusive use of the occupant, shall be permitted on lots of less than 20,000 square feet. The keeping of animals is only allowed as an accessory use, except in the AG zone. Page 263 Table 9.235.030-1, Animal Keeping Standards Types of Animals/Use Commercial (C) or Non- Commercial (NC) Zones Permitted Max Number of Animals per Site Min Lot Size Setbacks and Standards (See Table Footnotes) C AG, RM, RR5, RR2, RR1, RR1/2 Per Approval Authority 1 acre A Small Animals (e.g. hamsters, rabbits, chinchillas, and similar sized animals)NC All Zones 30 --A C AG, RR5, RR2 Per Approval Authority 1 acre A, B AG, RR5, RR2, RR1, RR1/2 2 animals per ½ acre ½ acre A Medium Animals (e.g. sheep, goats, pigs, and similar sized animals)NC LDR-1, LDR- 2 1 7,200 SF A C AG, RR5, RR2, RR1 5 animals per acre 2 acres A, B AG, RR5, RR2, RR1 5 animals per acre 1 acre A, B Large Animals (e.g. cows, horses, camels, llamas, and other similar sized animals) NC RR1/2, LDR- 1, LDR-2 2 animals per 20,000 sq. ft. , maximum 4 animals 1 acre A, B C -------- 12 20,000 sq. ft.A, CAG, RR5, RR2, RR1 50 40,000 sq. ft.A, CNon-Crowing Fowl (hens, ducks, etc.)NC RM, RR1/2, LDR-1, LDR- 2 4 7,200 sq. ft.A, C C --------Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)NC AG, RR5, RR2, RR1 1 1 acre A, C AG, RR5, RR2, RR1, RR1/2 See classifications and 9.235.050 1 acre 9.235.050 Kennels and Catteries C/NC BP, HI See classifications and 9.235.050 --9.235.050 Stables/Boarding of Large Animals, C AG, RR5, RR2, RR1 5 animals per acre 1 acre A, B Page 264 Table 9.235.030-1, Animal Keeping Standards Types of Animals/Use Commercial (C) or Non- Commercial (NC) Zones Permitted Max Number of Animals per Site Min Lot Size Setbacks and Standards (See Table Footnotes) Riding Academies Aquaculture (commercial raising of fish, frogs, shellfish, algae, etc.) C AG, RR5, RR2 Per Approval Authority 1 acre A C AG, RM, RR5 1 Hive for every 7,200 sq. ft. 7,200 sq. ft.D Apiary (beekeeping) NC AG, RM, RR5, RR2, RR1, RR1/2, LDR-1, LDR- 2 1 Hive for every 7,200 sq. ft. 7,200 sq. ft.D C -------- Aviary NC AG, RM, RR5, RR2, RR1, RR1/2 50 birds per acre; more than 50 per Approval Authority ½ Acre A Animal Rescue C/NC AG, RR5, RR2, RR1, RR1/2, BP, HI As otherwise permitted for each animal type permitted herein 1 acre As otherwise permitted for each animal type permitted herein Petting Zoo C/NC AG, RR5, RR2, RR1, RR1/2 As otherwise permitted for each animal type permitted herein 1 acre As otherwise permitted for each animal type permitted herein AG, RR5, RR2, RR1, RR1/2 As otherwise permitted for each animal type permitted herein 1 acre As otherwise permitted for each animal type permitted hereinFuture Farmers of America and 4-H Programs C/NC LDR-1, LDR- 2, LMDR,MDR, MHDR, HDR A total of 5 large and medium animals of any combination. This does not include crowing fowl. 1 acre As otherwise permitted for each animal type permitted herein A.Animals must be kept and maintained in an enclosed area, located not less than 20 feet Page 265 Table 9.235.030-1, Animal Keeping Standards Types of Animals/Use Commercial (C) or Non- Commercial (NC) Zones Permitted Max Number of Animals per Site Min Lot Size Setbacks and Standards (See Table Footnotes) from any property line and at least 50 feet from any residence existing at the time such use is established. B.Lots must be a minimum of 100 feet in width. C.Animals must be kept in the rear yard. D.Hives must be kept at least 50 feet away from any highways, roads, streets, public school or park property, or any structure used as a dwelling or as a place of business. A.Animals may be kept on any residentially zoned property in the maximum numbers identified in this chapter, provided the keeping of said animals does not constitute a nuisance. B.It shall be unlawful to keep a number of animals exceeding the numbers set out in this chapter, except as may be otherwise allowed by the approval authority. C.Approval Authority Conditions. The Approval Authority may require fencing and landscaping of the parcel and limits on the number of animals to ensure the use is compatible with the surrounding area. 9.235.040 Fowl A.Development Standards. No keeping of Fowl shall be allowed unless it complies with the following standards: 1.The proposed use must conform to all the requirements of the Menifee General Plan. 2.The lot is zoned for the keeping or raising of fowl as a permitted use and subject to the restrictions of the zone. 3.The fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. To mitigate potential noise and to avoid the creation of a public nuisance due to noise, the enclosed area shall be constructed, and the crowing fowl shall be maintained, as follows: a.The fowl shall be kept in a solid walled acoustical enclosure with a solid roof attached to all perimeter walls of the enclosure. b.Fowl shall be confined inside the walled and roofed enclosure between the hours of 8:00 p.m. and 6:00 a.m. each day. c.The walled and roofed enclosure shall be completely screened, except for its entry, by landscaping, including trees and shrubbery. d.Any noise escaping from the enclosure shall not interfere with a reasonable person's use and enjoyment of his or her real property. 4.All of the development standards of the zone in which the fowl is located shall be met. 5.Findings are made by the Community Development Director that there is no adverse impact on the public health, safety or welfare. Page 266 9.235.050 Kennels A.Kennels may be for commercial or noncommercial purposes, including for raising of guard dogs, care animals, rescue animals, and breeding and boarding. B.The following classes of kennels are allowed in the following zones pursuant to Table 9.235.050-1, pursuant to the following development standards: Table 9.235.050-1, Kennel Classes and Allowed Zoning Class of Kennels Zones Where Allowed Maximum Number of Animals per Site Minimum Lot Size for Keeping Such Animals Kennel Definitions No Kennel All zones 1–4 dogs -- One to 4 dogs on a property is allowed without a Conditional Use Permit issued from the Community Development Department. Class I Kennel AG, RM, RR5, RR2, RR1, RR½, LDR-1, LDR-2 5–10 dogs 1 acre Any building, structure, enclosure or premises whereupon, or within which, 5 to 10 dogs, four months or older of age, are kept or maintained. A Class I Kennel shall not include a sentry dog kennel. Class II Kennel/Ca ttery AG, RR5, RR2, RR1, RR½, BP, HI, EDC 11–25 dogs 10–25 cats 1 acre (or as noted below) Any building, structure, enclosure or premise, whereupon, or within which, 11 to 25 dogs, four months of age or older, or 10 to 25 cats are kept or maintained. Class III Kennel/Ca ttery AG, RR5, RR2, RR1, BP, HI, EDC 26–40 dogs 26–40 cats 1 acre (or as noted below) Any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs or cats, four months or older of age, are kept or maintained. Class IV Kennel/Ca ttery AG, RR5, RR2, RR1, BP, HI, EDC 41 or more dogs or cats 1 acre (or as noted below) Any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months or older of age, or 41 or more cats, are kept or maintained. Sentry Dog Kennel AG, RR5, RR2, 5 or more dogs 1 acre (or as noted Any building, structure, enclosure or premises whereupon, or within which, 5 or more guard, or sentry dogs are kept or maintained. A sentry Page 267 Table 9.235.050-1, Kennel Classes and Allowed Zoning Class of Kennels Zones Where Allowed Maximum Number of Animals per Site Minimum Lot Size for Keeping Such Animals Kennel Definitions RR1, BP, HI, EDC below)dog is any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog." C.Development and Operations Standards. 1.Residency. In agricultural, rural and residential zones permitting kennels, such kennels may be placed upon parcels containing detached single-family dwelling units. All Class II Kennels and above shall include a single-family dwelling to be used by a live-in caretaker. Notwithstanding any provision within this ordinance to the contrary, no parcel with a kennel or cattery shall contain more than the maximum number of detached single-family dwelling units permitted by the existing zoning on the property. Multi-family dwelling units and attached single-family dwelling units shall not be permitted in conjunction with kennels or catteries, provided, however, that a guest living quarter or accessory dwelling unit shall be permitted in accordance with current City zoning regulations. 2.Minimum Lot Size. The minimum lot size for a kennel or cattery in an agricultural, residential or rural zone is 1 acre (gross). There is no minimum lot size for a kennel or cattery in a business park or industrial zone other than what is required by the existing zoning on the property. 3.License. The applicant shall obtain and continuously maintain all necessary licenses as adopted by the City. 9.235.060 Miniature Pigs A.Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, that such pig may be off such premises if under restraint of a competent person. B.The miniature pig must be kept in an enclosure that is no closer than 30 feet from the front property line, 15 feet from any side or rear property line and no closer than 35 feet from any dwelling unit other than the dwelling unit on the subject lot. 9.235.070 Animal Maturity A.The provisions of this chapter apply to mature breeding stock, maintenance stock and similar farm stock, and shall not apply to the offspring thereof, if such offspring are being kept, fed or maintained solely for sale, marketing or slaughtering at the earliest practical age of maturity. Page 268 B.Whenever any section of this ordinance requires a determination as to the maturity of animals, the following periods of time shall be used to establish the age of maturity: 1.Birds: 6 months 2.Cattle: 18 months 3.Fowl and poultry: 2 months 4.Goats: 9 months 5.Horses: 24 months 6.Pigs: 8 months 7.Sheep: 9 months 8.Other small farm animals: 6 months 9.235.080 Animal Grazing A.There shall be no limit to the permissible number of goats or sheep which may be grazed per acre when the grazing is for the purpose of cleaning up unharvested crops or weed abatement, provided that such grazing is not conducted for more than 4 weeks in any 6 month period. Chapter 9.240 Motor Vehicle and Related Uses Contents: 9.240.010 Purpose 9.240.020 Applicability 9.240.030 Motor Vehicle and Related Uses – General 9.240.040 Vehicle Rentals 9.240.050 Vehicle Sales 9.240.060 Vehicle Parts and Supply Stores 9.240.070 Vehicle Repairs and Service 9.240.080 Vehicle Storage 9.240.090 Drive-Through and Drive-In Facilities 9.240.100 Towing Services 9.240.110 Car Washes 9.240.010 Purpose This chapter establishes the regulations and criteria for the development and operation of certain motor vehicle and related uses as commercial uses. The intent of the standards is to regulate these uses for compatibility with surrounding uses. 9.240.020 Applicability The regulations and standards contained in this chapter shall apply to those uses expressly identified as subject to this chapter in the tables of allowed uses and approval requirements contained in Article 3 (Zones) of this Title. Page 269 9.240.030 Motor Vehicle and Related Uses – General The following regulations shall apply to all motor vehicle and related uses. A.Hours of operation shall be limited to no earlier than 6:00 a.m. and no later than 10:00 p.m., unless specifically approved otherwise. The hours of operation for gas stations may exceed these general limits where established as part of the conditions of approval. B.The sound emanating from all motor vehicle and related uses shall be subject to all the applicable noise control regulations of Section 9.255.060 (Noise Control Regulations) of this Title. C.Exterior amplified sound systems are prohibited within 100 feet of a non-commercial use. D.The property owner and/or individual responsible for said property shall take all steps necessary to ensure individuals shall not loiter upon the property before and after regularly established business hours. E.Persons engaged in the delivery of motor vehicles for storage, sales, rental, display or repair shall not stop or park within any public rights-of-way(ROW) to off-load such vehicles without having an approved encroachment permit. F.Access and onsite circulation shall be reviewed and approved by the City Engineer to ensure traffic flow from the public right-of-way onto the site, or traffic flow from the site, does not create a hazardous situation. G.Appropriate best management practices shall be constructed and/or practiced to ensure any vehicle fluids do not leave the site and do not contaminate soil. H.Dismantling of stored and/or parked vehicles shall be expressly prohibited within the public view, unless specifically approved otherwise. 9.240.040 Vehicle Rentals The following regulations shall apply to all vehicle rental uses, including trailer and recreational vehicle rental, truck and trailer rental, boat rental, equipment rental and motorcycle rental. A.Repairs, except incidental replacement/repair including such activities as the installation of windshield wiper blades or batteries or comparable activity, shall be prohibited, unless combined with a reviewed and approved repair facility subject to the regulations set forth in Section 9.240.070 (Vehicle Repairs and Service) B.Rental vehicles shall not be displayed in the customer/employee parking area, drive aisles or other portions of the property not designed for vehicle display. C.Vehicles stored outside not displayed for rental purpose shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage). D.Vehicle storage or display is prohibited in the public right-of-way. 9.240.050 Vehicle Sales The following regulations shall apply to all vehicle sales uses, including trailer and recreational vehicle sales, truck sales, boat sales, equipment sales and motorcycle sales. A.General Requirements. 1.Vehicles shall only be displayed for sale in approved display areas. Vehicles for sale shall not be displayed in the customer/employee parking area, drive aisles or other Page 270 portions of the property not designed for vehicle display per an approved plot plan or conditional use permit. 2.On-site circulation shall be reviewed and approved by the City Engineer to ensure vehicle circulation through the site is safe and that the placement of the vehicle display areas does not interfere with the flow of vehicles to designated parking stalls. 3.Sufficient space shall be provided for service drop-offs to prevent stacking of waiting vehicles onto a public street. 4.Vehicles in inventory shall not be parked on the public right-of-way. 5.Repairs shall be conducted within an enclosed building. Repair facilities included with vehicle sales shall be reviewed and approved subject to the regulations set forth in Section 9.240.070 (Vehicle Repairs and Service). 6.On-site vehicle painting is prohibited. 7.Outdoor storage of new or used tires is prohibited. 8.Vehicle storage may be permitted as incidental to the primary use and shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage). Vehicles displayed for sale in approved display areas are not subject to screening requirements. 9.When located adjacent to a property with a residential land use designation, a block wall of not less than 6 feet in height shall be required along the entire length of the property line. The block wall shall be reduced to the maximum height allowed within the required front yard setback and as necessary to meet clear site triangle requirements. Any gate(s) shall be constructed of materials to prevent view of the stored materials within the walled and gated area. B.Landscape Standards. The following standards shall be applied to all new automobile, motorcycle and truck dealerships or to substantial alterations to existing automobile, motorcycle and truck dealerships: 1.Display areas. A minimum 5-foot-wide planter area/island shall be required at the end of all display area lanes adjacent to the main entry drive lane. An additional 1-foot strip, made of concrete or other materials acceptable to the Community Development Director, shall be located next to the curb immediately adjacent to the end display parking space. Such landscape islands shall have a mixture of trees, shrubs and ground cover and shall have an automatic irrigation system consistent with Chapter 9.195 (Landscaping Standards). 2.Street frontages. All portions of the property which have street frontage shall meet one of the following criteria: a.A minimum of 12 feet of landscaping shall be provided, measured from the property line to the display area length and shall be surrounded by drought-tolerant, low-growing shrubs and ground cover; or b.A minimum of 20 feet of landscaping shall be provided, measured from the property line to the display area, with the display area allowed to encroach into 8 feet of the landscape area. i.Display areas shall be of pervious hardscape, a maximum of 20 feet in length, and shall be surrounded by drought-tolerant, low-growing shrubs and ground cover. Page 271 ii.The number of display areas allowed shall be calculated in the following manner: three display spaces per 100 linear feet of street frontage. Fractional spaces (0.5 and over) shall be rounded up. iii.No display area shall be located immediately adjacent to another display area. Landscaping shall be provided between display areas. 3.Development adjacent to existing and proposed residential uses. All portions of the property which abut an existing or proposed residential use shall have a minimum 10- foot-wide landscape buffer. 4.All other portions of the property which do not abut a street or existing or proposed residential uses shall have a minimum 5-foot-wide landscape buffer. 5.All customer parking on the site shall be clearly identified, either through special paint (i.e., curb painting) or signage, and shall be subject to the landscape requirements contained in Chapter 9.195 (Landscaping Standards) of the development code. 6.Service bays shall not be visible from a public street and shall be adequately screened from adjacent residential uses. 7.Inventory and vehicle-in-repair storage areas on the site shall be clearly identified and do not need to be internally landscaped. If they are located on the property perimeter or adjacent to residential development or sensitive areas, they shall be screened in the manner discussed above. C.Used Motor Vehicle Sales (without the Sales of New Motor Vehicles). 1.The minimum lot width of any site supporting a used motor vehicle sales business shall be 100 feet. 2.The minimum lot area shall be 10,000 square feet. 3.A building containing not less than 200 square feet shall be maintained on the lot supporting the business. The building shall be a permanent structure; modular or portable buildings are not permitted. 9.240.060 Vehicle Parts and Supply Stores The following regulations shall apply to all vehicle parts and supply store uses. A.Replacement parts and repairs shall not be installed and/or completed by customers or employees of the on-site business in the parking area, drive aisles or unimproved areas of the site. B.No vehicle repairs are permitted on-site. 9.240.070 Vehicle Repairs and Service The following regulations shall apply to all vehicle repairs and service uses, including minor repair, major repair, stereo and sound system installation, body, paint and upholstery shops, boat service and repair, motorcycle service and repair, recreational vehicle service and repair, and heavy equipment service and repair. A.On-site circulation shall be reviewed and approved by the City Engineer to ensure on-site circulation upon and through the site is safe and convenient for the patrons and that the placement of the vehicle display areas does not interfere with the flow of vehicles to designated parking stalls. Page 272 B.Repairs shall be conducted within an enclosed building. C.Service bay doors shall be oriented away from adjacent properties with a residential land use designation. D.Outdoor storage of new or used tires is prohibited. E.Vehicle storage may be permitted as incidental to the primary use and shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage). F.Vehicles waiting for service or repair shall not be parked in the public right-of-way. G.All portions of the property which abut an existing or proposed residential use shall have a minimum 10-foot-wide landscape buffer. H.When located adjacent to a property with a residential land use designation, a block wall of not less than 6 feet in height shall be required along the entire length of the property line. The block wall shall be reduced as necessary to the maximum height allowed within the required front yard setback and to meet clear sight triangle requirements. Any gate(s) shall be constructed of materials to prevent view of the stored materials within the walled and gated area. I.Automobiles and vehicles shall not be stored outside of a building on-site for more than 24 consecutive hours, unless stored in an approved storage area in compliance with the requirements of Section 9.240.080 (Vehicle Storage). 9.240.080 Vehicle Storage The following regulations shall apply to all vehicle storage yards, including designated storage areas incidental to a primary use, recreational vehicle storage boat and trailer storage, and equipment storage. A.All vehicle storage yards shall require a principle structure not less than 500 square feet in area from which the business is operated. B.Outside vehicle storage shall be confined to the rear of the principal structure(s) or to rear two-thirds of the lot, whichever is more restrictive. C.All storage areas shall be screened from public view from any adjoining properties and from the public rights-of-way by appropriately designed walls, fencing and landscaping. D.Vehicle storage yards shall maintain the minimum setback requirements for the zone in which the use is located. E.All required setbacks shall be landscaped in compliance with Chapter 9.240 (Landscaping Standards). F.Vehicle storage yards adjacent to existing and proposed residential uses: All portions of the property which abut an existing or proposed residential use shall have a minimum 10-foot- wide landscape buffer. G.A solid wall not less than 6 feet tall made of block, masonry or other similar material shall be constructed and maintained around the perimeter of the use to substantially block the view of the storage yard. The wall shall not encroach into any required setback along a front or street side yard or encroach into any required clear site triangle area. Any vehicles not screened shall be operable and in good repair. H.Storage areas shall be paved with concrete or asphalt paving. An alternative material may be approved by the City Engineer. Page 273 9.240.090 Drive-Through and Drive-In Facilities Commercial uses including restaurants, financial institutions, pharmacies or other businesses providing drive-through, drive-up or drive-in facilities shall be subject to the following requirements: A.Drive-Through Stacking Length. Stacking lanes for drive-through customers shall be of sufficient length behind a communication stop menu board or drive-up window or teller machine if no prior menu board communication stop is provided, to accommodate at least six vehicles, measuring a minimum of 9 feet by 20 feet per vehicle, unless additional stacking length is required by the approving authority or required pursuant to a site specific traffic management plan. The drive-through aisle shall have a minimum width of 11 feet on the straight sections and 12 feet on curved portions. B.Pedestrian walkways should not intersect the drive-through aisles. If pedestrian walkways do cross the drive aisles, they shall be clearly marked with paving or striping. C.Vehicle entrances to drive-through businesses shall be located a minimum of 150 feet from the nearest intersection, with 200 feet being the preferred distance, except where the City Engineer determines that an alternate standard can be safely accepted. D.Separate queuing and circulation. Separate queuing and circulation shall be provided for drive-through traffic to ensure access for other traffic to parking spaces or exits is not unreasonably obstructed. E.Design Characteristics. Drive-through facilities shall be screened from adjacent roads and residential properties through the use of landscape and architectural treatments such as berming, screen walls and bays around the drive aisle. Drive-through lanes shall be oriented away from street. Ordering boxes, speakers and drive lane lighting shall be oriented away from the street. A maximum four-foot-high screen wall shall be required to prevent vehicle lights from impacting on-coming traffic and to provide a screen wall for the pickup window. Landscape screening shall be provided, in addition to the screen wall, in order to soften the effects of the wall and provide additional mitigation for noise and lighting impacts. A pick up window canopy structure shall be provided. Eaves, canopies, porte-cochere and other features shall be integrated into the design of the site and the building and shall utilize similar materials as the other structures on site. F.Landscaping. To provide general screening and to shield vehicles and associated headlights in a drive-through lane from view of abutting street rights-of-way, a minimum 5-foot-wide planter shall include a minimum 3-foot-tall (maximum 4-foot-tall) landscape barrier planted with trees and other landscaping consistent with those in the parking area. Trimming and pruning of the landscape barrier shall be performed in a manner that maintains the shielding of vehicle headlights in the drive-through lane from adjacent street rights-of-way. G.Hours of Operation. The operation of the drive-through, drive-up or drive-in of any facility located adjacent to a residential district or residential use allowed in the district may only be operational between the hours of 6:00 a.m. and 10:00 p.m. unless otherwise specifically established as a condition of approval. The approval of the required permit may further restrict the hours of operation for such facilities when adjacent to other uses or districts and where modified hours are necessary to mitigate potential adverse impacts related to noise, traffic or lighting. H.Speakers. The speakers shall be located so as to protect adjoining residential areas from excessive noise and comply with the limits established in the General Plan. Page 274 9.240.100 Towing Services The following regulations shall apply to all towing service yards. A.Outdoor storage of new or used tires is prohibited. B.Vehicle storage may be permitted as incidental to the primary use and shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage). C.No service or repairs shall be made to the vehicles, unless specifically approved otherwise and in compliance with the requirements of Section 9.240.080 (Vehicle Repairs and Service). 9.240.110 Car Washes Self-service car washes included with a gas station will be reviewed in conjunction with the gas station conditional use permit, but otherwise shall comply with the following criteria. Car washes shall comply with the following criteria. A.Such businesses shall be located at least 150 feet from any residential structure. B.Wash bays and vacuum areas shall be screened from public view. C.An attendant shall regularly monitor the facility during business hours to control noise, litter and other nuisances. D.Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m., unless otherwise specifically established as a condition of approval. Water and electrical systems shall automatically shut off during non-business hours, except for security and fire protection. Chapter 9.245 Bed & breakfast uses Contents: 9.245.010 Purpose 9.245.020 Applicability 9.245.030 Permit Required 9.245.040 Development and Operational Standards 9.245.010 Purpose The purpose of this chapter is to establish development standards for bed and breakfast uses to ensure that they are operated in such a manner as to protect the residential character of the neighborhood. 9.245.020 Applicability The requirements of this chapter apply to all bed and breakfast uses. 9.245.030 Permit Required All bed and breakfast establishments shall be subject to approval of the specified permit as designated in the Article 3 (Zones), Tables of Allowed Land Uses and Approval Requirements. 9.245.040 Development and Operational Standards Page 275 A.The facility shall comply with all land use regulations and site development standards of the zoning district in which it is located. B.The use shall be incidental to the primary use of the residential structure to ensure compatibility with adjacent residential uses. C.The Owner/lessee shall reside in the primary residence and operate the business. D.The exterior appearance of the structure shall have a single-family residential character. E.Service of meals shall be for registered guests only. F.There shall be no separate or additional kitchens for the guests. G.No guest shall stay more than fourteen consecutive days in any thirty-day period. H.All bed and breakfasts shall be subject to the City’s hotel/motel transient occupancy tax. I.Bed and breakfasts shall meet all requirements of the City fire department and County health department. J.The bed and breakfasts shall be developed on a site that has a minimum lot size of 40,000 square feet. K.No receptions, private parties or similar activities for which a fee is paid shall be permitted. Chapter 9.250 Alcoholic Beverages Sales, Consumption and manufacturing Contents: 9.250.010 Purpose 9.250.020 Applicability 9.250.030 Permit Required 9.250.040 Findings of Public Convenience or Necessity 9.250.050 Alcoholic Beverage Sales 9.250.060 Alcoholic Beverage Manufacturing 9.250.010 Purpose The purpose of this chapter is to establish standards for businesses engaged in alcoholic beverage sales, consumption and manufacturing uses as defined in this Title and as may be otherwise defined in Article 6 of this Title in order to protect the health, safety and general welfare of the public. This chapter establishes reasonable and uniform standards to prevent the inappropriate location and/or operation of alcoholic beverage sales, consumption and manufacturing uses within the city. 9.250.020 Applicability The requirements of this chapter apply to all alcohol sales, service and manufacturing uses. 9.250.030 Permit Required A.No person, association, partnership or corporation shall conduct, establish or advertise any alcoholic beverage sales or manufacturing use in the City of Menifee without first applying for and obtaining the required permit/approval in accordance with the applicable zoning regulations of Title 9, Article 3 (Zones), the Tables of Allowed Uses and Approval Requirements, and this Chapter 9.250. Page 276 B.All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the California Department of Alcoholic Beverage Control. C.Grocery stores, drugstores, specialty markets and discount/department stores in excess of 20,000 square feet (“primary uses”) may offer the incidental sale of beer, wine, and distilled spirits as a permitted use. D.Restaurants (bona fide eating establishments), if properly licensed, are permitted to serve beer and wine as a matter of right, but are subject to obtaining a Conditional Use Permit to offer, sell or serve distilled spirits. E.For establishments with on-site alcohol beverage sales and consumption that are not bona fide eating establishments (i.e., comedy club, nightclub, dance club), the “bar area” may only be an incidental use subject to the approval of a Conditional Use Permit. F.The following activities are exempt from the requirements of this chapter: 1.Any special event for which a permit has been issued by the City, provided that the application information for the special event indicates that the sale and/or service of alcoholic beverages will occur and all applicable ABC licenses are obtained. 2.Any social gathering within a private residence or business that is not required to be licensed for alcohol sales or services in accordance with the California Alcoholic Beverage Control Act. 9.250.040 Findings of Public Convenience or Necessity The Planning Commission shall make a finding of public convenience or necessity prior to the California Department of Alcoholic Beverage Control granting the license, when said retail liquor license would be located in a census tract of undue concentration of retail liquor licenses (more than 1 per 1,250 persons per census tract) or if the granting of the retail liquor license would cause a census tract to have an undue concentration. (Bus. & Prof. Code, § 23817.5) The Planning Commission must find that: A.The proposed use is consistent with the General Plan and development code. B.The proposed use is compatible with the nature, condition and character of adjacent land uses. C.The proposed use would not have an adverse effect on adjacent land uses. D.The proposed use would not result in an excessive number of similar establishments in close proximity. E.The proposed use will be essential or desirable to the public convenience or welfare and will not impair the integrity and character of the zone district or be detrimental to the public health, safety, morals or welfare. F.Notice of hearing shall be given to all owners of property within 1,000 feet of the subject facility, to any elementary school or secondary school district within whose boundaries the facility is located and to any public entity operating a public park or playground within 1,000 feet of the subject facility. The Community Development Director may require that additional notice be given, in a manner the Director deems necessary or desirable, to other persons or public entities. 9.250.050 Alcoholic Beverage Sales Page 277 A.Liquor stores, convenience stores, service stations or other facilities (except grocery stores or drugstores) selling alcohol for off-site consumption shall not be located within 600 feet as measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution (K-12), day care center or public park. This requirement shall not apply when the alcohol-selling business and the religious or educational institution are both located within commercial or industrial zones. B.There shall be only one facility exclusively selling alcohol for off-site consumption in a shopping center or strip mall, except with Planning Commission approval of a Conditional Use Permit. C.A retail facility that has as its primary or principal use sales consisting of alcohol and/or liquor products for off-site consumption may not be located closer than 1,000 feet from a similar retail facility, except with Planning Commission approval of a Conditional Use Permit -. D.The following additional development standards shall apply to the concurrent sale of motor vehicle fuels and beer and wine for off-premises consumption: 1.Only beer and wine may be sold. 2.The owner of each location and the management at each location shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. In addition, the owner and management shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. In addition, the owner and management shall provide adequate training for all employees at the location as to these matters. 3.No displays of alcoholic beverages shall be located within 5 feet of any building entrance or checkout counter. 4.No alcoholic beverage advertising shall be located on gasoline islands. No lighted advertising for alcoholic beverages shall be located on the exterior of buildings or within window areas. 5.Employees selling alcoholic beverages between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age. 6.Alcoholic beverages shall be sold from, or displayed in, the main, permanently affixed coolers only. 7.No sale of alcoholic beverages shall be made from a drive-through window. 9.250.060 Alcoholic Beverage Manufacturing A.Businesses manufacturing alcoholic beverages, which have a tasting room, but do not have a bona fide eating establishment (as defined by the California Department of Alcoholic Beverage Control) in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable state and local health and safety requirements and regulations. B.Restaurants (bona fide eating establishments) with alcoholic beverage manufacturing on-site as an incidental use shall not be subject to the provisions of this section. Page 278 C.All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they are located. D.The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a Temporary Use Permit for a special event, or services outside of regular hours. E.On-site alcohol sales shall be limited to product manufactured on-site. F.There shall be no admission fee, cover charge or minimum purchase required. G.The retail area, including the tasting room, shall not exceed 25 percent of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur. H.In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed 50 percent of the total allowable retail area unless approved by the Planning Commission. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements. Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: “No alcohol allowed past this point.” I.All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building. The display of alcoholic beverages shall not be located outside of a building or within five feet of any public entrance to the building. J.An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 9.215 (Parking and Loading Standards) of the Menifee Zoning Code. For the purposes of calculating parking, the brewing/distilling areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered restaurant. K.There shall be no live entertainment, DJs or amplified sound on the alcoholic beverage manufacturer’s licensed premises at any time without issuance of a Conditional Use Permit or Temporary Use Permit. L.The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion. M.Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer’s licensed premises during the hours of darkness as set forth in Chapter 9.205 (Lighting Standards) of the Menifee Zoning Code. N.A security plan in a form satisfactory to the Menifee Police Department shall be submitted to and approved by the Menifee Police Department. The security plan shall be formulated to deter loitering and unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer’s licensed premises. Chapter 9.255 Home Occupation and Home-Based Businesses Contents: 9.255.010 Purpose Page 279 9.255.020 Applicability 9.255.030 Business Registration and Approval Process 9.255.040 Development Standards 9.255.050 Limitations on Specific Home-Based Businesses 9.255.060 Prohibited Home Occupations 9.255.010 Purpose The regulations contained in this chapter are to ensure the compatibility of home occupations and home-based businesses with the principal residential uses in order to protect the integrity and character of neighborhoods. 9.255.020 Applicability The following standards apply to all home occupations and home-based business uses. 9.255.030 Business Registration and Approval Process A.Permit Required. A home-based business or home occupation shall not commence operation prior to being approved under Chapter 9.55 (Home Occupation and Home-Based Business Permits) of this ordinance. B.License Required. All businesses are required to register for a business license, pursuant to Chapter 5.01 (Business License and Registration Program) of the City of Menifee Municipal Code. 9.255.040 Development Standards Home occupations and Home-based businesses shall be subject to the following limitations and performance standards. All of the following standards are calculated and/or applied based on a single residence. A. Number of Businesses. 1.There is a limit of two home occupations per residence. 2.There shall be not more than 1 home-based business on any property. B.Employees. 1.Home occupations are limited to only resident employees on the site of a home occupation except for beauty shops and day care uses (large) which may have 1 non- resident employee on the property at any one time. 2.Home-based businesses may have not more than one non-resident employee on the site at any one time. 3.Where non-resident employees are anticipated, one additional parking space shall be provided. C.Minimum Lot Size. 1.There is no minimum lot size for home occupations. 2.Home-based businesses require a minimum lot size of 1 acre. Page 280 D.Habitable Floor Area. The use of the dwelling for the home occupation or home-based business shall be clearly incidental and subordinate to its use for residential purposes, but in no case shall it exceed 25 percent of the total floor area on the property. E.Off-site Effects. No mechanical equipment or operation shall be used which creates or makes dust, odor, vibration or other effects detectable at the property line. Noise shall comply with the City’s noise ordinance. No process shall be used which is hazardous to public health, safety, morals or welfare. F.On-site Sales. No products shall be sold on the premises except the artist’s originals or products individually made to order on the premises. G.On-site Production. Products that are not the artist's originals or individually made to order may be constructed on-site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location. H.Display. Products produced by occupants of the dwelling shall not be displayed so as to be visible in any manner from the outside of the dwelling unit. I.Storage. There shall be no outdoor storage or display of business related materials, and storage shall not utilize a required parking space (e.g., within a required garage). J.Hazardous Materials. No storage of hazardous materials is permitted beyond normal household use. Businesses that require hazardous chemicals (e.g., pest control, pool cleaning) are not permitted to store the chemicals on-site. K.Signs. No signs other than one unlighted identification sign, not more than 2 square feet in area, shall be erected on the premises. No signs shall be placed within 10 feet of the right-of- way. Vehicle with commercial signage other than signage required by State law are not allowed in the front setback. L.Traffic/Vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district, nor in any case require the parking of more than two additional vehicles at the home at any one time. No motor vehicle that is used or kept on the premises in conjunction with the home occupation shall exceed two axles or a length of 20 feet. Commercial vehicles are not allowed to be stored in the front yard setback. M.Visitors and Customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, and shall be limited to the hours of 8:00 a.m. to 7:00 p.m. N.Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence and not more than one delivery of products or materials a week. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles except for FedEx, UPS, or USPS-type home pickups and deliveries. 9.255.050 Limitations on Specific Home Occupations or Home-Based Businesses A.Massage. Certified massage practitioners are permitted if all the following criteria are met: 1.Only one client is on-site at a time and by appointment only. 2.The practitioner must submit proof of a certificate of training from a state-approved school (e.g., Department of Education, Office of Postsecondary Education). 3.The use will not be conducted in such a fashion as to constitute a public nuisance. B.Mobile Food Vendor. Mobile food vendor vehicles cannot be parked at a private residence. Page 281 C.Taxicab, Limousine or Pedicab. Taxicab, limousine or pedicab services (not including ridesharing services) shall not be on-call and available for service. No vehicle shall be dispatched from the residence by radio, telephone or other means. Up to 1 vehicle used for such use may be parked at the residence when not in service. There shall be no fleet vehicle storage. 9.255.060 Prohibited Home Occupations The following businesses are prohibited to operate as a home occupation or home-based business within the city: A.Adult entertainment businesses B.Alcohol beverage manufacturing or sales business C.Ambulance service D.Ammunition reloading, including custom reloading E.Boardinghouse, timeshare condominium F.Ceramics (involving kiln of 6 cubic feet or more) G.Firearms sales, except as allowed by State or Federal law. H.Health salons, gyms, dance studios, aerobic exercise studios I.Medical, dental, chiropractic or veterinary clinics J.Mortician, hearse service K.Noncertified massage practitioners L.Palm-reading, fortune-telling M.Private clubs N.Repair or reconditioning of motor vehicles O.Retail sales from site (except direct distribution of artist’s originals) P.Storage, repair or reconditioning of major household appliances Q.Storage, repair or reconditioning of motorized vehicles or large equipment on-site R.Tattoo and piercing service S.Tow truck service Chapter 9.260 Outdoor Sales, Display and Dining Contents: 9.260.010 Purpose 9.260.020 Applicability 9.260.030 Permit Required 9.260.040 Development Standards and Requirements for Outdoor Sales and Dining 9.260.010 Purpose The purpose of this chapter is to establish regulations for outdoor sales, display and dining areas. 9.260.020 Applicability Page 282 The requirements contained in this chapter shall apply to all outdoor sales, display and dining areas. 9.260.030 Permit Required The following permit requirements shall be applicable to all outdoor sales, display and dining areas: A.Outdoor Sales and Display. Outdoor display of merchandise that is clearly incidental and subordinate to an existing business is allowed as an accessory use without a Temporary Use Permit as long as it meets the requirements for outdoor display in Section 9.260.040 (Development Standards). B.Outdoor Dining. 1.An outdoor dining area may be added to an existing permitted facility as an accessory use where the Community Development Director finds that: a.The area is less than 200 square feet; b.All seating is within 4.5 feet of the building; c.There are no permanent exterior improvements; d.Alcohol is not served; and e.A minimum continuous pavement walkway and clear pedestrian path of not less than 5 feet is maintained. 2.Outdoor dining that does not meet the limitations of subsection B.1 above shall require an amendment to the previously approved permit issued for the primary use and shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). In the absence of a previously approved permit for the primary use, a Minor Plot Plan shall be required in accordance with Chapter 9.80 (Minor Plot Plan). 9.260.040 Development Standards and Requirements for Outdoor Sales and Dining A.Outdoor Merchandise Display. Any outdoor display exhibited in conjunction with the business being conducted within the building may be permitted without a Temporary Use Permit, provided that the display complies with the following regulations: 1.The items being displayed shall be of the same types that are lawfully displayed and sold inside the building on the premises, except alcohol. 2.The aggregate display area shall not exceed 25 percent of the linear frontage of the storefront or 10 linear feet, whichever is greater. 3.Items shall not project more than 4 feet from the storefront. 4.No item, or any portion thereof, shall be displayed on public property; provided, however, that items may be displayed within the public right-of-way if an Encroachment Permit has first been procured from the City. 5.Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business. 6.No item shall be displayed in a manner that causes a safety hazard, obstructs the entrance to any building, interferes with or impedes the flow of pedestrian or vehicle Page 283 traffic, is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance. 7.A minimum continuous pavement walkway and clear pedestrian path of not less than 5 feet is maintained. B.Outdoor Dining. The following development standards apply to all outdoor dining areas: 1.A clear path of at least 5 feet wide, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public right-of-way and shall be maintained at all times. 2.No outdoor dining area shall obstruct the entrance to any building, interfere with or impede the flow of pedestrian or vehicle traffic, or create any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance. 3.Outdoor dining area furniture, including but not limited to tables, chairs, and umbrellas, shall be of high quality and consistent with the theme of the primary establishment or overall premises. 4.An outdoor dining area shall be used only for dining, drinking and circulation, and shall operate only in conjunction with and during the same hours as the adjacent eating and drinking establishment. 5.The area within, and adjacent to, the outdoor dining area shall be clean and free of litter at all times. 6.Trash or storage areas shall not be located on or adjacent to the public right-of-way. 7.Outdoor dining shall be oriented away from adjacent residential uses except as approved by the approving authority. 8.Parking shall be in compliance with the standards of Chapter 9.215(Parking and Loading Standards) for the primary use and any outdoor dining area in excess of 200 square feet. Chapter 9.265 Tattoo Establishments Contents: 9.265.010 Purpose 9.265.020 Applicability 9.265.030 Permit Required 9.265.040 Development Standards 9.265.010 Purpose The purpose of this chapter is to establish the regulations related to tattoo establishments in the City of Menifee in order to protect the health, safety and general welfare of the public. 9.265.020 Applicability The requirements of this chapter apply to all tattoo establishments. Page 284 9.265.030 Permit Required All tattoo establishments shall require a Conditional Use Permit in the zones where such uses are allowed as designated in Article 3 (Zones), Tables of Allowed Land Uses and Approval Requirements. No tattoo establishment shall be established without first applying for and obtaining the required permit/approval in accordance with the applicable zoning regulations of Title 9, Article 3 (Zones), the Tables of Allowed Uses and Approval Requirements, and this Chapter 9.265. 9.265.040 Development Standards A.Tattoo establishments shall not be an accessory use in any zone. B.Tattoo establishments shall not be located: 1.Within 500 feet of any other tattoo establishment or within the same commercial center or development. 2.Within 500 feet of any use which involves permitting the sale for consumption of alcohol (on-site license). 3.Within 500 feet of the nearest public entrance of a public or private school, church (or similar facility for the sole purpose of the exercise of religion), or public or private park or playground. C.The hours of operation shall be between 7:00 a.m. and 9:00 p.m. daily. D.Compliance with all applicable federal, state and local regulations is required, including, but not limited to, the licensing of tattoo providers, who must be over the age of 18, and the inspection of tattoo establishments by the appropriate City and County agencies. (Health & Safety Code § 119306.) E.The Conditional Use Permit shall address the type of floor and work surfaces; tattooing of minors, as legally appropriate; disposal of needles; prohibition on alcoholic beverages; and other health and safety requirements. Chapter 9.270 Community Care Facilities Contents: 9.270.010 Purpose 9.270.020 Applicability 9.270.030 Development Standards 9.270.010 Purpose The purpose of this chapter is to implement the applicable state regulations in a manner that allows for the establishment of certain community care facilities while preserving the character of the zone in which the uses are located. 9.270.020 Applicability The development standards contained in this chapter shall apply to the following types of care facilities: A.Day-care center Page 285 B.Group residential facility, large C.Residential care facility, large D.Residential care facility, elderly E.Congregate care facility, large 9.270.030 Development Standards All day-care centers, large group residential facilities, large residential care facilities, elderly residential care facilities and large congregate care facilities shall comply with the development standards for the zone in which they are located. In addition, the following standards shall apply: A.Outdoor Area. An outdoor area not less than 75 square feet per child or person receiving services, but in no case less than 450 square feet in total area, shall be provided. Stationary equipment shall not be located in required street side or front setback areas. B.Parking. All on-site parking shall comply with the provisions of Chapter 9.260 (Parking and Loading Standards). Separate entrance and exit points shall be provided to allow vehicles to enter the street in a forward motion where feasible. Adequate off-street parking for residents and employees and passenger loading spaces shall be provided where necessary to avoid on- street parking and passenger drop-off and pickup. C.Compatibility. Where facilities are located in residential neighborhoods, the residential character of the neighborhood in which the use is located shall be maintained. To determine compatibility with the residential character of the neighborhood, the facility shall incorporate at least three of the following traits predominant in the neighborhood: 1.Wall covering materials. 2.Roofing material. 3.Roofing pitch. 4.Structural eaves. 5.Mass and scale of structure relative to structural height. 6.Window characteristics. 7.Decorative treatments. Chapter 9.275 Hookah and Marijuana Uses Contents: 9.275.010 Purpose 9.275.020 Applicability 9.275.030 Hookah and Marijuana-Related Use Prohibitions 9.275.010 Purpose The purpose of this chapter is to establish the regulations related to hookah and marijuana uses in the City of Menifee in order to protect the health, safety and general welfare of the public. 9.275.020 Applicability The requirements of this chapter apply to all hookah and marijuana uses. Page 286 9.275.030 Hookah and Marijuana-Related Use Prohibitions A.Purpose and Findings. 1.The City Council has found that prohibitions on marijuana cultivation and processing are necessary for the preservation and protection of the public health, safety and welfare for the city and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council under state law. On October 9, 2015, the governor signed the Medical Marijuana Regulation and Safety Act (MMRSA) into law. The MMRSA contains new statutory provisions that: a.Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana outdoors and their intent not to administer a conditional permit program pursuant to enact reasonable regulations to regulate the cultivation of marijuana within a single private residence or inside an accessory structure to a private residence that is fully enclosed and secure California Health and Safety Code Section 11362.777 for the cultivation of marijuana (California Health and Safety Code Section 11362.7772(b)(1-3)). b.Expressly provide that the MMRSA does not supersede or limit local authority of local law enforcement activity, enforcement of local ordinances or enforcement of local permit or licensing requirements regarding marijuana (California Business and Professions Code Section 1931526200(a)). c.Expressly provide that the MMRSA does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (California Business and Professions Code Section 1931626200(a)). 2.The Adult Use of Marijuana Act (AUMA) was approved by the voters on November 8, 2016 and took effect the day after the election. The AUMA decriminalized for state law purposes specified personal use and cultivation of non-medical marijuana and established a state regulatory and licensing program for non-medical marijuana commercial cultivation, testing, distribution and manufacturing. Under the AUMA, the City retains the ability to prohibit indoor non-medical marijuana cultivation of more than six plants per residence, place reasonable restrictions on the indoor cultivation of six plants or fewer, prohibit outdoor cultivation, ban smoking/possession of marijuana on City owned or leased property, ban or regulate all entities in the stream of commerce (dispensaries, distributors, manufacturers, commercial cultivators, etc.) and establish additional taxes on recreational marijuana. (California Health and Safety Code Section 11362.2(b)(1-3)). 3.The City Council found that the provisions of this chapter: a.Express its intent to prohibit the cultivation and processing of marijuana in the city, except as allowed by the AUMA. b.Exercise its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing or other entitlement of the activities prohibited by this chapter. c.Exercise its police power to enact and enforce regulations for the public benefit, safety and welfare of the city and its community. Page 287 (Ord. 2015-188, passed 1-20-2016; Am. Ord. 2017-230, passed 12-20-2017) B.Prohibited Activities. 1.Marijuana Dispensaries Prohibited. Marijuana dispensaries and medical marijuana dispensaries are prohibited in the City of Menifee pursuant to Chapter 5.50 of this code. 2.Mobile Marijuana Dispensaries Prohibited. Mobile marijuana dispensaries are prohibited in the City of Menifee pursuant to Chapter 5.60 of this code. 3.Marijuana Delivery Prohibited. a.No person shall deliver marijuana to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose. b.No person shall deliver any marijuana-infused product such as tinctures, baked goods or other consumable products to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose. 4.Marijuana Cultivation and Processing. Marijuana cultivation and processing shall be prohibited activities in Menifee, except where the City is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit or any other entitlement, license or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation and marijuana processing in the city, and no person shall otherwise establish or conduct such activities in the city, except where the City is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit or any other entitlement, license or permit is sought. All commercial marijuana activities, including, but not limited to, individual sales, cooperatives, dispensaries, cultivation and deliveries, are expressly prohibited in Menifee. No person shall establish, operate, conduct, permit or allow a commercial marijuana activity anywhere within the city. 5.Hookah Lounges and Marijuana Cafes. Hookah lounges and marijuana cafes are prohibited within the city. C.Personal Use. If an individual is 21 years of age or older, he or she may engage in the indoor cultivation of six or fewer marijuana plants, pursuant to California Health and Safety Code Sections 11362.1(a)(3) and 11362.2(a)(2), as may be amended from time to time. However, the marijuana plants may not be visible to the public and must be kept in a secure, locked space within the individual’s private residence when not in use. The indoor cultivation of more than six marijuana plants is prohibited. All outdoor cultivation is prohibited in the city. D.Public Nuisance Declared. Any violation of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies. (Ord. 2015-188, passed 1-20-2016) E.Violations. Violations of this chapter may be enforced by any means available to the City. (Ord. 2015-188, passed 1-20-2016) Chapter 9.280 Recycling Facilities Contents: Page 288 9.280.010 Purpose 9.280.020 Applicability 9.280.030 Permit Required 9.280.040 Development and Performance Standards 9.280.010 Purpose The purpose of this chapter is to establish standards and requirements for recycling facilities. 9.280.020 Applicability The requirements contained in this chapter shall apply to the following types of recycling facility uses: A.Recycling collection facilities B.Recycling processing facilities C.Reverse vending machines 9.280.030 Permit Required A.Permit Required. All recycling facility uses shall be subject to approval of the specified permit as designated in the Article 3 (Zones), Tables of Allowed Land Uses and Approval Requirements. B.Exceptions. Reverse vending machines contained within a commercial building and not greater than 50 square feet do not require review and permits under this chapter, provided they comply with all applicable development standards. 9.280.040 Development and Performance Standards The following development and performance standards shall apply to all recycling collection and processing facilities. A.No Unattended Facilities. All outdoor recycling facilities shall be attended and administered by on-site personnel during the hours the facility is open. B.Secured Site. The site shall be secured from unauthorized entry and from deposit or removal of materials when attendants are not present. C.Screening. The facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by solid wood or vinyl fence or masonry wall at least 6 feet in height which is buffered by exterior landscaping. D.Setbacks. Setbacks from property lines shall be those provided for the zoning district in which the facility is located. The facility shall be buffered by a landscape strip at least 10 feet wide along each property line. E.Residential Setback. The facility shall be located at least 150 feet from property zoned or occupied for residential use. F.Processing Facilities. Processing facilities shall only be permitted in fully enclosed buildings. There shall be no outdoor storage of equipment or materials of any kind. The facility shall be located at least 150 feet from property zoned or designated for residential use. Page 289 G.Hours of Operation. If the facility is located within 150 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 9:00 a.m. H.Containers. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition, or material may be baled or placed on pallets if completely screened from view. 1.Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Department. 2.No storage, excluding truck trailers and seagoing cargo containers, shall be visible above the height of the fencing, screening or landscaping. I.Site Maintenance. The site shall be maintained free of litter, dust, flies and any other undesirable materials, and cleaned of loose debris on a daily basis. J.Containment. No material shall be left outside the recycling containers. The facility shall display a notice stating that no material shall be left outside the recycling containers. The containers shall be clearly marked to identify the type of material that may be deposited. K.Signs. Sign criteria shall be those applicable to the zoning district in which the facility is located. 1.The container shall comply with the signage requirements of California Welfare and Institutions Code Section 151. L.No Nuisance. The facility shall not create any dust, fumes, smoke, vibration or odor above an ambient level that is detectable on neighboring properties. M.Noise. Noise levels shall not exceed 60 dBA (A-weighted decibels) as measured at the property line of an existing residence or zoning district allowing residential land uses and shall not exceed 70 dBA at any other property line. N.Posted Information. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs shall meet the standards of the zone, and directional signs may be installed with the approval of the Community Development Department, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way. O.Power Equipment. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for the efficient temporary storage and shipment of material, may be approved at the discretion of the approving authority if noise restrictions and other conditions are met. P.Waste Oil. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code. Chapter 9.285 Mobilehome Parks Contents: 9.285.010 Purpose 9.285.020 Applicability 9.285.030 Permit Required 9.285.040 Development Standards 9.285.010 Purpose Page 290 The California Legislature has declared that there is a need to eliminate the distinction between mobilehome development and conventional forms of residential land use. The purpose of this chapter is to establish standards for the development of mobilehome parks, in accordance with Government Code Section 65852.7 and the Mobilehome Parks Act (Health and Safety Code Section 18200 et seq.). 9.285.020 Applicability The requirements contained in this chapter shall apply to all mobilehome parks. 9.285.030 Permit Required Mobilehome park uses shall be subject to approval of the specified permit as designated in the Article 3 (Zones), Tables of Allowed Land Uses and Approval Requirements. 9.285.040 Development Standards The following development standards shall apply to all mobilehome parks: A.Minimum Site Area. The minimum site area that may be developed for a mobilehome park shall be 5 gross acres. B.Mobilehome Park Access. Vehicular access to a mobilehome park shall be provided from a collector/rural collector street or larger. C.Mobilehome Lot Access. Vehicular access to all mobilehome lots shall be from internal mobile home park streets. D.Minimum Road Widths. Minimum road widths shall be as determined by the City Engineer. E.Minimum Mobilehome Space. The minimum size of each space shall be 2,500 square feet. Each space shall have a minimum width of 30 feet. F.Recreation. On-site recreation shall be provided at a ratio of not less than 150 square feet per dwelling unit. G.Perimeter Setbacks. All mobilehome subdivisions and mobilehome parks shall provide a setback along all adjoining boundary streets equal to the minimum setbacks of the applicable zone, but in no case less than 20 feet along an adjoining street nor less than 15 foot to side and rear setback along all non-street boundaries of the development. H.Perimeter Walls. A 6-foot masonry wall shall be erected along all perimeter property lines, except that the wall shall be erected not less than 10 feet from the property line along the street side of the parcel, or the required front yard setback line of the applicable zone district, whichever is greater. I.Landscaping. The area between the mobilehome park site perimeter wall and the street shall be planted in ground cover, trees and shrubs. Trees or shrubs shall be planted within a 10- foot strip adjacent to the inside of all boundary walls unless an interior street adjoins a perimeter wall. All trees and shrubs planted shall be of a variety that will grow to a height of not less than 15 feet and shall be planted at intervals so that at maturity the trees or shrubs will provide solid screening of mobilehome park or mobilehome subdivision. All planting shall be maintained in a growing condition. In mobilehome subdivisions, approved provisions shall be required for the continued maintenance of the landscaped common area surrounding the development by a community association composed of the owners of the Page 291 individual lots or other legal entity providing for participation by the individual lot owners in the responsibility and cost thereof. The association shall have the right to place a lien upon the individual lots for all necessary costs and expenses of maintaining the area. J.Opaque Skirt. The area between the ground level and floor level and the unit shall be screened by an opaque skirt. K.Auto Storage. Automobile storage space shall be provided as required by Section 18.12 of this ordinance. L.Signs. Signs shall be permitted in accordance with the standards of Chapter 9.220 (Sign Regulations) for a multi-family complex. M.Modified Standards. The improvement and setback requirements contained in this section may be modified or eliminated when the approving authority finds that due to topographical conditions or property ownership patterns these requirements are impractical and will not serve to protect the present or future welfare of the public. Chapter 9.290 Wireless Communication Facilities Contents: 9.290.010 Purpose 9.290.020 Applicability 9.290.030 Permit Requirements 9.290.040 Effect of Location on Public Property 9.290.050 Effect of Encroachment Permit Issuance 9.290.060 Development Standards – General 9.290.070 Development Standards – Small Cell Attachments within the Public Right-of-Way 9.290.080 Abandoned Sites 9.290.010 Purpose The purpose of this chapter is to establish regulations and procedures for wireless communication facilities. It is the City’s intent in establishing these regulations to allow for the development of wireless communication facilities where needed in accordance with the federal Telecommunications Act of 1996, as amended, while maintaining development standards and permitting requirements consistent with state law. The goals of this chapter are to: A.Enhance the ability of wireless communication service providers to effectively and efficiently provide new wireless communication services in the City of Menifee. B.Encourage the design and placement of wireless communication facilities in a way that minimizes their impact to the visual character, health, economic vitality and biological resources of the city. C.Encourage and maximize the use of existing and approved wireless communication facilities, buildings and other structures while taking into account the use of concealment technology in order to reduce the number of facilities needed to serve businesses and residents in Menifee. D.Ensure continuous maintenance of new and existing wireless communication facilities. E.Ensure the timely removal of any unused or outdated wireless communication facilities. Page 292 9.290.020 Applicability A.The provisions of this chapter shall apply to all wireless communication facility uses as defined in this Title. B.The provisions of this chapter shall not apply to: 1.Any tower or antenna that is owned and operated by a federally licensed amateur radio station operator and is less than 70 feet in total height. 2.Any tower or antenna used for commercial radio or television purposes. 3.Any satellite dish or antenna for private use. 4.Where the tower or antenna is installed and maintained as provided in an approved specific plan. 9.290.030 Permit Requirements A.Minor Conditional Use Permit Required. The following wireless facilities shall require approval of a Minor Conditional Use Permit pursuant to Chapter 9.40 (Conditional Use Permit). 1.The placement of wireless communication facilities in any permitted zone as indicated on the allowed use tables of Article 3 (Zones), except as specified in Subsection 9.290.030.B and C. 2.The placement of small cell attachments on public and private poles in the public right- of-way. B.Minor Plot Plan Required. The placement of co-located wireless communication facilities meeting the following requirements shall require the approval of a Minor Plot Plan pursuant to Chapter 9.80 (Plot Plan) provided the facility: 1.Was approved subject to an environmental impact report, negative declaration or mitigated negative declaration. 2.Otherwise complies with the requirements of Government Code Section 65850.6(b) for the co-location of wireless telecommunication facilities. 3.Such co-location does not increase the height or change the location of the existing wireless telecommunication facility or otherwise change the bulk, size or other physical attributes of the existing permitted wireless telecommunication facility. C.Major Conditional Use Permit Required. A Major Conditional Use Permit shall be required for any new stand-alone wireless facility that is not co-located or is not incorporated into an existing building. D.Exemptions. The following project activities are exempt from the permit requirements of this chapter. Additional permits and approvals may be required, including building permits. 1.Removal of wireless communication facilities. 2.Change of antennas on any existing wireless communication facility which does not result in increased visibility of the structure. E.Compliance with Other Regulations and Approvals. All wireless communication facilities shall comply with applicable Federal Communications Commission (FCC) rules, regulations and standards and shall comply with the Uniform Building Code, National Electric Code, Page 293 Uniform Plumbing Code, Uniform Mechanical Code and Uniform Fire Code, where applicable. F.Authority to Employ Technical Expert. The Community Development Director is explicitly authorized at his or her discretion to employ an independent technical expert to review any submitted supplemental or technical materials or provide technical knowledge to the City. The technical expert shall be agreeable to both the City and the service provider. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. To the extent allowed by law, any proprietary information that is disclosed to the city or any expert hired shall be located in a separate private file, shall remain confidential, and shall not be disclosed to any third party. G.Modifications. The approval authority is explicitly authorized and provided the discretion to allow for modifications or variations from the development standards listed in 9.290.060 through 9.290.070, if the approval authority finds: 1.That such modification(s) or variation(s) will not result in any adverse incompatibility, noise, visual, or public safety impacts to surrounding properties given the project design and the location of the proposed facility; and 2.That the overall intent and purpose of Chapter 9.290 is maintained and preserved. 9.290.040 Effect of Location on Public Property Whether located on public or private property, wireless communication facilities cannot be constructed unless a permit has first been obtained in accordance with this Title. 9.290.050 Effect of Encroachment Permit Issuance An encroachment permit does not, under any circumstances, authorize the construction of wireless communication facilities without obtaining the permits and approvals required by this Title. 9.290.060 Development Standards – General All wireless communication facilities shall comply with the following development standards: A.Siting. 1.All wireless communication facilities shall be located to maintain applicable easements or similar restrictions on the subject property. 2.Wireless communication facilities shall meet the setbacks of the underlying zone. All setbacks shall be measured from the base of the tower or structure to the applicable property line or structure. Where possible, facilities shall not be situated between the primary building on the parcel and any public or private street adjoining the parcel so as to create a negative visual impact. 3.In residential zones, wireless communication facilities are prohibited on properties containing residences but may be permitted on properties containing churches or other non-residential uses in residential zones only when concealed or disguised and with written consent of the Community Development Director based upon aesthetics, architectural integration, pole height and similar factors as set out herein. Page 294 4.Wireless communication facilities must be located so as to avoid precluding the future development of the surrounding property and area. B.Height Limitations. 1.The height of the antenna structure shall be no greater than the minimum necessary to provide the required coverage and shall not exceed an overall height of 70 feet as measured pursuant 9.160.040 Building Height Measurements and Exceptions. 2.No new antenna structure that exceeds 15 feet in height shall be installed on an exposed prominent ridgeline greater than 1,350 feet above mean sea level, unless it blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible, or unless it is co-located or disguised on an existing structure. 3.Wireless communication support facilities in areas of high visibility shall be sited below the ridgeline or designed, where possible, to minimize their profile (i.e., placed underground, depressed or located behind berms). 4.A freestanding above ground wireless communication support facility shall be no taller than 15 feet in height. C.Stealth, Concealment, Screening, Materials and Design. 1.Antennas shall be constructed of metal or another nonflammable material, unless specifically approved by the City to be otherwise. 2.All buildings, poles, towers, antenna supports, antennas and other components of each wireless communication site shall comprise materials that are of the same color or treated with colors to conceal the equipment, as well as with anti-graffiti paint or coating and vines/plants. 3.Wireless communication support facilities in the public right-of-way shall be constructed of nonreflective materials (visible exterior surfaces only). 4.Freestanding equipment enclosures shall be constructed to look like adjacent structures or facilities typically found in the area and shall adhere to the any applicable design guidelines where appropriate. Where there are no structures in the immediate vicinity, equipment closures shall blend with existing naturally occurring elements of the viewing background and shall be screened from view. Screening may include a block wall, wrought iron fence or other effective mechanism, as determined by the Community Development Director. 5.Wireless communiciation facilities shall be designed consistent with the following table: Page 295 Table 9.290.060-1 Design Requirements(1) Type of Facility All Agricultural, Rural and Residential Zones All Commercial, Industrial and EDC Zones Open Space and Conservation Zones (2) Public/Quasi -Public Facilities Zones Facility mounted on the roof or on/in building or existing structure Not allowed on properties containing a residential use(3). Allowed for churches or other-non-residential uses when concealed or disguised and with the written consent of the Community Development Director based upon aesthetics, architectural integration, pole height and similar factors as set out herein. Yes - when concealed or disguised Yes - when concealed or disguised Yes - when concealed or disguised Antennas Mounted on public facilities (i.e. water tanks, pump stations or utility poles) Yes - Same as above Yes - when concealed or disguised Yes - when concealed or disguised Yes - when concealed or disguised Stand alone facilities Yes - Same as above Yes - when concealed or disguised Yes - when concealed or disguised Yes - when concealed or disguised Co- location(4) Shall be treated in the same manner as original location Same as original location Same as original location Same as original location (1) For wireless facilities within Specific Plans, the facilities shall be allowed as indicated in the comparable zoning/land use noted above, unless the Specific Plan document contains requirements that are more strigent. (2) Placement of wireless communications facilities in these zones shall not be allowed to cause adverse impacts on environmentally sensitive areas. (3) In the event city must site a facility in an area where otherwise not allowed in order to provide for coverage or co-location, such siting will require a major conditional use permit. (4) Colocations on existing mono-poles are allowed; however, upgrades to the enclosures, landscaping or other features shall be required to the extent feasible consistent with the development standards contained in this chapter. Page 296 D.Vegetation and Landscape Screening, Protection and Maintenance. All equipment enclosures shall be installed in such a manner so as to maintain and enhance existing native and/or landscaped vegetation to screen the facility. The level of screening shall be consistent with the type of facility proposed, its zone and its location. In addition, a landscape screening and maintenance plan or schedule shall be submitted and must contain the items noted below. Notwithstanding, the Community Development Director may consider non- vegetative screening where appropriate and effective. The landscape screening and maintenance plan shall: 1.Comply with the City’s adopted Title 15.04 (Landscape Water Use Efficiency Requirements) and Chapter 9.195 (Landscaping Standards). 2.Indicate all existing vegetation to be maintained and landscaping that is to be installed on the site to control erosion and screen the facility from adjacent land uses and public vistas and to restore vegetation removed or damaged during construction. 3.Provide for the protection of existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/wireless communication line routes from damage to the extent possible, both during the construction period and thereafter. 4.Provide for the repair and replacement of dead or damaged vegetation, watering (as necessary), disease and insect control, pruning and so forth. The provisions of the lease may set out the lessee’s or lessor’s responsibility for such maintenance. In addition, the property owner shall agree to perform such maintenance to the extent the wireless communication service provider does not do so. The property owner shall consent to the City’s entry onto the property to inspect and, as necessary, restore or remove vegetation and to place a lien on the property or on the secured property tax roll for the costs thereof. E.Maintenance and Debris Removal. In addition to the provisions for ongoing vegetation and landscape maintenance, the provisions of the lease shall set out the lessee's responsibility for the maintenance of support facilities (i.e., cleaning, painting and specifically the removal of graffiti immediately) as well as the removal of trash and debris from the site. The property owner shall agree to perform such maintenance to the extent the wireless communication service provider does not do so. The property owner shall consent in writing to the City's entry onto the property to inspect and, as necessary, remove debris and graffiti as well as to repair or fence any support facilities which constitute a safety hazard and specifically consent to the City's ability to place a lien on the property or on the secured property tax roll for the repayment of such costs, plus interest, without any further notice thereof. F.Lighting. Except as required by State or Federal law, all wireless communication facilities shall be unlit except for a manually operated or motion-detector controlled light above the equipment shed door, which shall be kept off except when personnel are present at night. This requirement is not intended to address interior structure lighting. Any lighting system installed shall also be shielded to the greatest extent possible so as to minimize the negative impact of such lighting on adjacent properties and so as not to create a nuisance for surrounding property owners or a wildlife attractant. G.Parking. All wireless communication facilities shall be served by the minimum roads and parking areas necessary to accommodate service vehicles. Existing roads shall be used for access, whenever possible, and be upgraded to the minimum amount necessary to meet Page 297 standards specified by the Fire Marshal and the Director of Public Works. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent wireless communication facilities and/or other permitted uses. Existing off-site parking areas shall be used whenever possible. H.Signage. All freestanding wireless communication sites shall provide unlighted identification signage of not more than 3 square feet in size. The sign shall indicate the name of the company operating the facility and shall provide a phone number to be called in an emergency. Wireless communications facilities and antennas shall not contain or add advertising or signs. I.Security. The wireless communications service and property owner shall: 1.Maintain a security program when determined to be necessary by, and subject to the review and approval of, the Menifee Police Department that will prevent unauthorized access and vandalism. 2.Ensure sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce the potential for trespass and injury. 9.290.070 Development Standards – Small Cell Attachments within the Public Right-of-Way All small cell attachments on structures or poles in the public right-of-way shall comply with Municipal Code Chapter 14.01 for Small Cell Attachments within the Public Right-of-way. 9.290.080 Abandoned Sites A.Any wireless communication facility that is not continuously operated for a period of 90 consecutive days (3 months) shall be conclusively deemed abandoned except when such non-operation is the result of natural disaster, in which case the period of time shall be 180 days (6 months). The wireless communication service provider shall give written notice to the City at such time as use of the facility ceases. B.The wireless communication service provider shall have 60 days after a notice of abandonment is mailed by the City to make the facility operable, replace the facility with an operable facility or completely remove the facility and all supporting facilities and restore the site. C.The owner of the property in a safe manner shall remove the facilities and thereafter cause the site to be restored to its original condition (wear and tear excepted) within 180 days of the removal of the facilities. Alternatively, the wireless communication service provider shall provide a letter of credit or cash deposit acceptable to the City which guarantees removal of all such equipment and restoration of the property. Bonds are not considered acceptable security. Any cash deposit shall be held in trust by the City for the express purpose of using the funds for removal of the equipment/facility. D.If the owner does not remove the facilities within 60 days of a notice of abandonment, the City may remove or cause to be removed the wireless communication facility at the underlying property owner's expense and place a lien on the property for the cost of such removal as set out in the written consent provided by the property owner. E.If there are two or more users of a single facility, the facility shall not be deemed abandoned until all users abandon it. Page 298 Chapter 9.295 Special Housing Types Contents: 9.295.010 Purpose 9.295.020 Accessory Dwelling Units 9.295.030 Guest Living Quarters 9.295.040 Single-Room Occupancy Units 9.295.010 Purpose The purpose of this chapter is to establish development and/or operational standards for special housing types allowed in the City of Menifee. The purpose and intent of the allowance for such special housing types is also established. 9.295.020 Accessory Dwelling Units A.Purpose. The purpose of this section is to establish development standards for accessory dwelling units and to ensure the accessory dwelling unit is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Government Code Section 65852.2. B.Applicability. The standards contained in this section shall apply to all accessory dwelling units. C.No Planning Permit Required. 1.No planning application is required prior to the establishment of an accessory dwelling unit when proposed within an existing permitted structure, including within the primary dwelling unit, an attached or detached garage, or other accessory structure. The accessory dwelling unit shall meet all standards of Subsection 9.295.020 .E.1 to be verified through the building permit process. 2.A planning permit is required prior to the establishment of an accessory dwelling unit when not proposed entirely within an existing permitted structure in accordance with the permit procedures in Article 2 (Administration, Permits, and Procedures) and use tables in Article 3 (Zones). D.Density and Consistency. 1.Accessory dwelling units are not considered for the purposes of evaluating the density requirements established in the General Plan. 2.Accessory dwelling units are a residential use that is consistent with the existing General Plan designation and zoning for the lot. 3.Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. E.Development and Operational Standards. 1.Accessory dwelling units located within an existing permitted structure shall comply with all the following standards: a.The lot is zoned for residential use and contains no more than one existing or proposed single-family dwelling. Page 299 b.No other accessory dwelling unit exists or is proposed on the same parcel. c.The accessory dwelling unit shall not be for sale separate from the primary dwelling on-site. d.The accessory dwelling unit shall not be rented for less than a 30-day period. e.Either the primary dwelling or the accessory dwelling unit shall be occupied by the owner of the property. f.The accessory dwelling unit complies with all Building and Safety Code requirements. g.The side and rear yard setbacks are sufficient for meeting fire safety requirements. h.Exterior access to the accessory dwelling unit, independent from the primary dwelling unit, is provided. i.If a garage, carport or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement spaces for the primary dwelling shall be provided in accordance with parking requirements in effect at the time of application. j.The accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling. k.If a private sewage disposal system is used, the applicant has obtained approval from all appropriate agencies. l.Installation of a new or separate utility connection or the collection of a related connection fee or capacity charge is not required. 2.Accessory dwelling units not located within an existing permitted structure shall comply with all the following standards: a.The lot is zoned for residential use and contains no more than one existing or proposed single-family dwelling. b.No other accessory dwelling unit exists or is proposed on the same parcel. c.The accessory dwelling unit shall not be for sale separate from the primary dwelling on-site. d.Either the primary dwelling or the accessory dwelling unit shall be occupied by the owner of the property. e.The minimum lot area required to establish a detached accessory dwelling unit shall be 7,200 square feet. There is no minimum lot area required for an attached accessory dwelling unit. f.For parcels less than 20,000 square feet, the maximum total floor area for an attached or detached accessory dwelling unit is 1,200 square feet. g.For parcels 20,000 square feet or greater, the following square footage limits shall apply: i.For an attached accessory dwelling unit, the total floor area of the accessory dwelling unit shall not exceed 50 percent of the total living area of the primary dwelling to which it is attached, up to a maximum floor area of 1,200 square feet for the accessory dwelling unit. Page 300 ii.For a detached accessory dwelling unit, the maximum total floor area shall be 1,800 square feet. h.Accessory dwelling units shall comply with the development standards of the zone in which the property is located, except that for accessory dwelling units built above existing permitted garages, setbacks of no more than 5 feet from the interior side and rear lot lines shall be required. Notwithstanding the above setback requirements, a guest living quarter located in or on a permitted existing detached accessory structure (such as a garage) may be allowed with reduced interior side and rear yard setbacks if the setbacks are found to be sufficient for meeting fire safety requirements. i.Accessory dwelling units shall be located to the rear or side of the primary dwelling, unless a minor exception is granted pursuant to the procedures of Chapter 9.70 (Minor Exception). j.Parking shall be provided as follows: i.One off-street parking space shall be required for the accessory dwelling unit. The space may be uncovered and shall be permitted in setback areas or as tandem parking, unless the location is not feasible based upon specific site or regional topographical or fire and life safety conditions. ii.Parking for the accessory dwelling unit shall not be required if any of the following conditions are met: 1.The accessory dwelling unit is located within one-half mile of public transit. 2.The accessory dwelling unit is located within an architecturally and historically significant historic district. 3.The accessory dwelling unit is located within an existing permitted structure. 4.When on-street parking permits are required but not offered to the occupant(s) of the accessory dwelling unit. 5.When there is a car-share vehicle located within one block of the accessory dwelling unit. iii.If a garage, carport, or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement spaces for the primary dwelling may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. The location of parking shall be provided in accordance with parking requirements in effect at the time of application. These spaces shall be in addition to the parking space required for the accessory dwelling unit, if applicable. k.Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the accessory dwelling unit structure must Page 301 possess at least three of the following traits in common with the primary dwelling on-site: i.Wall covering materials. ii.Roofing material. iii.Roofing pitch. iv.Structural eaves. v.Mass and scale of structure relative to structural height. vi.Window characteristics. vii.Decorative treatments. l.Outside stairways serving an accessory dwelling unit located on a second story shall not be constructed on any building elevation facing a public street, not including alleys. m.Any accessory dwelling unit located more than 150 feet from a public right-of-way shall provide all-weather access for emergency vehicles. n.Prior to issuance of a building permit, the applicant shall grant to the City an irrevocable offer of dedication for any additional right-of-way required to be consistent with the General Plan Circulation Element, or provide for access to the project site, or ensure that previous dedications were properly provided with underlying subdivisions and lot splits (prior to Subdivision Map Act requirements). o.Prior to issuance of a building permit, public improvements may be required where public health, safety or welfare conditions warrant additional improvements. p.Prior to issuance of a building permit, the applicant shall submit to the City Building and Safety Department written certification from the affected water and sewer district(s) that adequate water and sewer facilities are or will be available to serve the proposed accessory dwelling unit. For accessory dwelling units using septic facilities, written certification of acceptability, including all supportive information, shall be submitted to the City Building and Safety Department with any application for a building permit for an accessory dwelling unit. q.Based upon geographic constraints, review shall be required from the following agencies, departments, divisions and districts: i.Fire Department. ii.Riverside County Flood Control and Water Conservation District. iii.Any other entities deemed necessary as determined by the Community Development Director. r.Accessory dwelling units shall not be permitted in those areas of the city which have significant problems with regard to water availability or quality, sewage disposal or other public health or safety concerns. Prohibited areas shall include, but not be limited to, those areas where a development moratorium has been imposed, including a moratorium for water or sewer, whether imposed by the City or another public agency with the authority to impose such a development moratorium. s.A new or separate utility connection directly between the accessory dwelling unit and the utility may be required. The connection may be subject to a connection fee or a capacity charge that shall be proportionate to the burden of the proposed Page 302 accessory dwelling unit upon the water or sewer system, based upon either the size of the accessory dwelling unit or the number of its plumbing fixtures. 9.295.030 Guest Living Quarters A.Purpose. The purpose of this section is to establish development standards for guest living quarters and to ensure that the guest living quarters are operated in such a manner as to protect the residential character of the neighborhood and to function as an ancillary use to the primary dwelling on-site. B.Applicability. The standards contained in this section shall apply to all guest living quarters. C.Development Standards. 1.A guest living quarter shall only be permitted where a primary single-family detached dwelling has been established. 2.Only one guest living quarter per parcel shall be permitted. 3.The guest living quarter shall not be larger than the primary dwelling. 4.The guest living quarter shall not contain a kitchen. 5.Height. a.For parcels 2 acres or less in size, the maximum height of a guest living quarter shall be 20 feet. b.For parcels greater than 2 acres in size, the maximum height of a guest living quarter shall be 35 feet. 6.Setbacks. a.For parcels 2 acres or less in size, the minimum setback from the side property line is 5 feet and the minimum setback from the rear property line is 20 feet unless the applicable zone requires a greater setback for the primary structure. b.For parcels greater than 2 acres in size, the minimum side and rear setbacks shall be 10 feet unless the applicable zone requires a greater setback for the primary structure. c.Notwithstanding the above setback requirements, a guest living quarter located in or on a permitted existing detached accessory structure (such as a garage) may be allowed with reduced interior side and rear yard setbacks if the setbacks are found to be sufficient for meeting fire safety requirements. 7.The guest living quarter must be compatible with the architectural style of the primary dwelling and be consistent with the character of the surrounding neighborhood. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the guest living quarter structure must possess at least three of the following traits in common with the primary dwelling on-site: a.Wall covering materials. b.Roofing material. c.Roofing pitch. d.Structural eaves. e.Mass and scale of structure relative to structural height. f.Window characteristics. Page 303 g.Decorative treatments. 8.If a garage, carport or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of a guest living quarter, replacement spaces for the primary dwelling unit shall be provided in accordance with parking requirements in effect at the time of application. 9.295.040 Single-Room Occupancy Units A.Purpose. Single-room occupancy units can provide a valuable form of affordable private housing for individuals and can serve as an entry point into the housing market for extremely low-income populations, including formerly homeless persons, seniors and those with disabilities. The purpose of this section is to establish development and operational standards for single-room occupancy units. B.Applicability. The standards contained in this section shall apply to all single-room occupancy units. C.Development and Operational Standards. 1.Occupancy. A single-room occupancy unit shall be occupied by not more than 2 persons. Occupancy of single-room occupancy units may be restricted to seniors or be available to persons of all ages. 2.Tenancy. Tenancy of SRO units shall be offered for a minimum of 30 days or longer. 3.Management. On-site management shall be provided. 4.Minimum Size. A single-room occupancy unit shall be at least 150 square feet in floor area, excluding closet and restroom areas. No individual unit may exceed 400 square feet. 5.Entrances. All single-room occupancy units shall be independently accessible from a single main entry, excluding emergency and other service support exits. 6.Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual single-room occupancy units, each unit shall have a sink with hot and cold water, a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements, and a refrigerator. 7.Restroom Facilities. A single-room occupancy unit is not required to but may contain partial or full restroom facilities. A partial restroom facility shall have at least a toilet and sink. A full restroom facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor and one full bathroom per four units. 8.Closet. Each SRO unit shall have a separate enclosed all-weather closet. The closet shall be at least 120 cubic feet with a minimum four-foot horizontal dimension along one plane. 9.Common Area. Four square feet per living unit shall be provided, excluding janitorial storage, laundry facilities, and common hallways. At least 200 square feet in area of interior common space shall be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings. Page 304 ARTICLE 6: DEFINITIONS Contents: Chapter 9.300 Universal Definitions Chapter 9.305 Special standard and use Definitions Chapter 9.300 Universal Definitions Contents: 9.300.010 Purpose 9.300.020 “A” Definitions 9.300.030 “B” Definitions 9.300.040 “C” Definitions 9.300.050 “D” Definitions 9.300.060 “E” Definitions 9.300.070 “F” Definitions 9.300.080 “G” Definitions 9.300.090 “H” Definitions 9.300.100 “I” Definitions 9.300.110 “J” Definitions 9.300.120 “K” Definitions 9.300.130 “L” Definitions 9.300.140 “M” Definitions 9.300.150 “N” Definitions 9.300.160 “O” Definitions 9.300.170 “P” Definitions 9.300.180 “Q” Definitions 9.300.190 “R” Definitions 9.300.200 “S” Definitions 9.300.210 “T” Definitions 9.300.220 “U” Definitions 9.300.230 “V” Definitions 9.300.240 “W” Definitions 9.300.250 “X” Definitions 9.300.260 “Y” Definitions 9.300.270 “Z” Definitions 9.300.010 Purpose Page 305 This chapter provides definitions of terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Development Code. If a word is not defined in this chapter, or other provisions of the Municipal Code, the Community Development Director shall determine the most appropriate definition in compliance with Chapter 9.10 (Rules of Interpretation). State law definitions, as they may be amended from time to time, control over the definitions in this section. 9.300.020 “A” Definitions Abandonment. A discontinuance of any use with intent to permanently discontinue such use. Abatement. The method of reducing the degree and intensity of pollution, nuisances or violations. Abut. To physically touch or border upon; to share a common property line. Access. A way or means of physical entry to a property. Accessory Dwelling Unit. An attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007. Accessory Use. See Use, Accessory. Accessory Structure. See Structure, Accessory. Acre. A measure of land area containing 43,560 square feet. Acre, Gross. The entire acreage of a site calculated to the centerline of bounding streets. Acre, Net. The portion of a site not reserved for public use. The following are not included in the net acreage of a site: public or private road rights-of-way, common or public open space, and floodways. Action. A decision on a permit application or other land use matter, made by the approval authority. Addition. An extension or increase in floor area or height of an existing building or structure. Adverse Impact. A condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe, unsightly or unhealthy conditions. Agricultural Labor Housing. Living accommodations for employees and their immediate families employed for the exclusive purpose of agricultural pursuits either on the premises or off site. It includes single or multi-unit dwellings, including mobile homes and dormitories. Agricultural Operations, Commercial. Use of land for the propagation, care, maintenance, production of food and fiber, including the growing of crops and/or the grazing of animals on natural or improved pastureland for the purpose of sale of goods and/or crops for profit. Agriculture uses include agricultural labor housing (see Agricultural Labor Housing). Page 306 Agricultural Operations, Noncommercial. Use of land for the propagation, care, maintenance, production of food and fiber, including the growing of crops and/or the grazing of animals on natural or improved pastureland for personal use. Agriculture uses include agricultural labor housing (see Agricultural Labor Housing). Aisle. The traveled way by which cars enter and depart parking spaces. Alcoholic Beverage Sales. An activity or business engaged primarily in the sale of alcoholic beverages for on-site or off-site consumption. Alley. A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation. Alteration. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders and all interior partitions; any change in doors, windows or means of ingress or egress; any enlargement or diminution of a building or structure, whether horizontally or vertically; or the moving of a building or structure from one location to another. Amenity. Aesthetics or other characteristics of a development that increase its desirability to the community, such as swimming pools, tennis courts, security systems, views, landscaping or enhanced open space. Amusement Park. Facilities or uses that provide participant recreation indoors or outdoors. Amusements parks may include a variety of recreational uses, including but not limited to go carts, amusement arcades, miniature golf courses, batting cages and other similar uses. Annexation. The incorporation of a land area into an existing city or district resulting in a change in the boundaries of the city or district. Apartment. A building, or group of buildings, in which all dwelling units in the building are owned by a single party and rented out to individual tenants. Appeal. A request for a review of a decision or action taken on a proposed permit application or other land use matter by the approving authority. Appeal Authority. The agency, board, group or legally designated individual empowered to review and deny, uphold, or refer back to the approval authority, an appeal of an action taken by an approval authority. Applicant. The owner(s) or lessee(s) of property, or their authorized agent(s), or person(s) who have contracted to purchase property contingent upon their ability to obtain the required entitlements, and who requests in writing, on the appropriate forms, the approval of a permit, license, certificate or other entitlement from the City. Application, Accepted. An application filed with and accepted for processing by the City in accordance with the requirements of this Title, containing all items required as stated on the applicable application form. Application, Complete. An application that has been deemed complete in accordance with California Government Code Section 65943 (Permit Streamlining Act). Approval Authority. The agency, board, group or other legally designated individual empowered to review and approve a proposed permit application or other land use matter. Approved Plan. A final plan that has been approved by the appropriate authority. Page 307 Assisted Living Facility. See Residential Care Facility. Attached. Any structure that has an interior wall or roof in common with another structure. Auction. The sale of new and used merchandise offered to bidders by an auctioneer for money or other consideration. Awning. A roof-like cover attached to and extending from the wall of a building to provide shielding of windows and/or entrances. 9.300.030 “B” Definitions Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet. Bar. Premises used primarily for the dispensing of alcoholic beverages by the drink for on-site consumption. Bed and Breakfast. A business operated in an owner-occupied residence offering short-term rental of overnight accommodations, which provides on-site breakfast service. Bedroom. A private room for sleeping, separated from other rooms, and accessible to a bathroom without crossing another bedroom. Berm. A mound of earth or the act of pushing earth into a mound. Buffer Area. A strip of land established to protect one type of land use from another land use. A buffer may include a physical separation in the form of a specified distance, landscaping, berms or other screens which block vision, noise or other negative impacts. Buildable Area/Building Envelope. The area of a lot remaining after the minimum setback and open space requirements have been met; the area within which primary and accessory structures may be located, unless an encroachment into the setback is otherwise permitted. Page 308 Building. Any structure having a roof, or fully enclosed by walls, and intended for the shelter, housing or enclosure of persons, animals or property. Building, Accessory. See Structure, Accessory. Building Height. Building height shall be measured in accordance with Section in 9.195.040.A (Height Measurement). Building Permit. Written permission issued by the City for the construction, repair, alteration or addition to a structure or building. Building, Primary. A building in which the principal use is conducted. Business Services. Rendering services to business establishments on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, office-related equipment rental and leasing, commercial research, development and testing, photo finishing and model building. 9.300.040 “C” Definitions Canopy. A fixed roofed structure of any material projecting from and connected to a building, column or post or supported by a frame extending from a building and/or post. Caretaker Residence. Separate or attached living quarters, usually including kitchen facilities, for employees living on-site, and accessory to the primary use. Carport. A permanently roofed structure with not more than two enclosed sides, used or intended to be used for motor vehicle shelter and storage. Cemetery, Mausoleum, Crematory. Property used for the preparation and/or interring of the dead. Page 309 Certificate of Compliance. A document issued by the City and recorded by the County Recorder certifying that a specified real property complies with the provisions of the Subdivision Map Act (Government Code Sections 66410 et seq.). Certificate of Use/Occupancy. A document issued by a governmental authority allowing the occupancy or use of a building and certifying that the structure has been constructed in compliance with all the applicable municipal codes and ordinances. Change of Use. A conversion of use that substantially differs from the previous use of a building or land. Charging Levels, Electric Vehicles. The standardized voltage at which an electric vehicle battery is recharged. Level 1 Charging provides charging through a 120V AC plug and does not require the installation of additional charging equipment. Level 2 Charging provides charging through a 240V (residential) or 208V plug and requires the installation of additional charging equipment. Level 3 Charging provides fast charging through a 480V AC input and requires highly specialized, high-powered equipment as well as special equipment in the electric vehicle itself. Church. See Religious Facility. City. The City of Menifee, including land as may be annexed from time to time. Clear Sight Triangle. The area within the triangle formed by connecting the points 15 feet from the intersection of two right-of-way lines as shown in Figure 9.160.060-2 Corner Site Visibility. The 90-degree angle of the clear sight triangle is measured and located from the outermost edge of the right-of-way, without regard to whether all or part of the right-of-way is improved, or from the outermost edge of a private driveway or alley. Cluster Development. Development in which a number of dwelling units are placed in closer proximity than usual, or are attached, with the purpose of retaining an open space area. Collection Container. Any unattended drop-off box, container, receptacle, or similar facility that is operated by a person, organization for the primary purpose of receiving or storing collected items, including household goods, clothing, or other salvageable personal items. Collection Containers do not provide a cash refund for collected items and do not include reverse vending machines. College. An educational institution authorized by the state, awarding associate or higher degrees. Commercial Use. An activity involving the sale of goods or services for profit. Commission. The Planning Commission of the City of Menifee. Common Open Space. Land within or serving as a part of a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the occupants of the development and may include such accessory structures and improvements as are necessary and appropriate. Page 310 Community Care Facility. A facility licensed to provide a living environment for unrelated residents who operate as the functional equivalent of a family, or in a group setting, including such supervision and care by support staff as may be necessary to meet the physical, emotional and social needs of aged persons, physically disabled or handicapped persons, developmentally disabled persons, nondangerous mentally ill persons, or children as defined in the appropriate statutes. Community care facilities include but are not limited to the following: day care center, group residential facility, congregate care facility, and residential care facility. Community Center. A building used for recreational, social, educational and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency; a building or structure owned and operated by a governmental agency and used to provide a governmental service to the public. Community Development Department. The Community Development Department of Menifee, which is responsible for implementing the City's vision and goals for community development and land use as established in the General Plan and Development Code. Community Development Director. The Community Development Director of the City of Menifee or his/her designee. Also includes Planning Director. Community Garden. The use of land for and limited to the cultivation and tillage of soil for the production, growing, and harvesting of any agricultural, floricultural, or horticultural commodity for public use and access. Conditional Use. A use permitted in a particular zone district upon showing that such use will comply with all the conditions and standards as specified in the Development Code and authorized by the approval authority. Conditional Use Permit. A permit for land use classifications with unusual site development features or operating characteristics requiring special consideration so that they may be designed, located and operated compatibly with uses on adjoining properties and the surrounding area. Condominium. A building, or group of buildings, in which dwelling units, offices or floor area are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Congregate Care Facilities. Establishments that provide 24-hour medical, respite, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, infirmity or disability, are unable to care for themselves on an intermediate or long-term basis, and licensed by the State of California, including, but not limited to, rest homes and convalescent hospitals, but not residential care facilities, hospitals or clinics. Small. A facility that houses six or fewer persons. Large. A facility that houses seven or more persons. Contiguous Property. Those properties which touch property lines of any parcel, including those properties which touch said property lines of a subject parcel when such lines are projected across public or private rights-of-way, easements, roads or streets, including property owned by a public agency in fee title. Convenience Store. Any small retail establishment offering for sale prepackaged food products, household items, newspapers, magazines, sandwiches and/or prepared foods for off-site consumption. Page 311 County. Unless otherwise specified, the County of Riverside, California. Covenants, Conditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease. Coverage, Lot. That portion of the lot that is covered by buildings, sidewalks, driveways or other impervious surface, expressed as a percentage of total lot area. Coverage, Building. The area of a parcel covered by a structure or structures, expressed as a percentage of the total lot area. 9.300.050 “D” Definitions Day Care Centers. Establishments providing nonmedical care for persons on a less than 24-hour basis other than in a family day care home (see Family Day Care Home). This classification includes nursery schools, preschools, and day-care facilities for children or adults, and any other day-care facility licensed by the State of California. Days. Shall always be consecutive calendar days, unless otherwise stated. Dedication. The transfer of property, such as streets and roads or other public usage, to a public agency or utility for specific purposes. Density. The number of dwelling units, households or housing structures per unit of land. Density Transfer. The transfer of all or part of the permitted density from one parcel to another parcel. Detached. Any building or structure that does not have a wall or roof in common with any other building or structure. Developer. The legal or beneficial owner or owners of property to be developed or being developed, including the holder of an option or contract to purchase or other person(s) having enforceable proprietary interests in such property. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Page 312 Development Agreement. A contract between the City and a developer through which the developer receives vested rights to construct a project subject to specific requirements benefiting the community. Development Code. A set of land use regulations, as contained in Title 9 of the Menifee Municipal Code, adopted by the City which prescribes standards and regulations for land use and development. Development Rights. The legally established right to develop land by a party. Director. The Community Development Director of the City of Menifee or his/her designee. Discretionary Decision. An action taken by a governmental agency that calls for the exercise of judgment in deciding whether to approve and/or how to carry out a project. District. A zone or geographic area in the municipality within which certain zoning or development regulations apply. Drainage. Surface water runoff; the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development. Drainage Area. A geographical area, formed by topography, which collects and directs surface runoff from precipitation to natural or man-made channels. Drive-through. Any portion of a building or development intended to allow service direct from the building through a window, kiosk or automated delivery system to vehicle occupants. Such facilities include but are not limited to food service windows, automatic teller machines or similar service systems. Driveway. A roadway providing direct access for vehicles between a street or highway and an area containing parking spaces, loading, storage or refuse collection areas. Dwelling. A structure or portion thereof which is used for human habitation, including provision for living, sleeping, eating, cooking and sanitation. Single Family, Attached. A dwelling unit designed for occupancy by one household, located on a single lot and typically grouped together with similar units. They may be attached through vertical party wall(s) to one or more dwellings on abutting lots or may be joined by carports or garages. Single Family, Detached. A dwelling unit designed for occupancy by one household and located on a separate lot from any other dwelling, except permitted accessory dwelling units. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code Duplex. A single building on a lot that contains two dwelling units or two single-unit dwellings on the same lot. Duplex does not include a single family dwelling with an accessory dwelling unit on the same lot, which is an accessory residential unit as defined by State law and this Title (see Accessory Dwelling Unit). Multiple Family. A single building on a lot that contains three or more dwelling units or three or more single-unit dwellings on the same lot, or any combination thereof. 9.300.060 “E” Definitions Page 313 Easement. A right to cross or otherwise use land for a specified purpose. Eave. The projecting lower edges of a roof overhanging the wall of a building. Educational Institution. An institution conducting academic instruction at the preschool, elementary school, junior high school, high school or college level. Elevation. A vertical distance above or below a fixed reference level; a dimensioned drawing of the front, rear or side of a building showing features such as windows, doors and relationship of grade to floor level. Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive services for families or individuals experiencing homelessness, where occupancy is limited to 180 days or less, as defined in California Health and Safety Code Section 50801. Medical assistance, counseling, and meals may be provided. Emission. A discharge of pollutants into the air or water. Encroachment. The placement or construction of a fence, building, structure or other improvement or use on another’s property or on a public right-of-way. Expansion. The creation or use of additional land or floor area for a specific use or activity. Extension. An increase in the amount of time that a permit or approval may be valid. 9.300.070 “F” Definitions Façade. The exterior walls of a building exposed to view. Family Day Care Home. State-licensed facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family dwelling. Small. The occupant of the residence provides care and supervision for up to eight or fewer children, when specific conditions are met in accordance with California Health and Safety Code Section 1597.44. Large. The occupant of the residence provides care and supervision for between nine and up to 14 children, when specific conditions are met in accordance with California Health and Safety Code Section 1597.465. Farm Operations, Commercial. See Agricultural Operations, Commercial. Farm Operations, Noncommercial. See Agricultural Operations, Noncommercial. Farmers’ Market. An outdoor market where farmers and other producers of agricultural and related foodstuffs and products (including, but not limited to, bread, cheese and hand-made crafts such as seasonal goods, ornaments, hand-dipped or rolled candles, hand-made soap) may bring the products for sale to the general public. Meat, poultry, fish and similar foods will be allowed only to the extent there is proper refrigeration. Fence. An exterior physical barrier erected to enclose, screen or separate areas. Flag. The symbol, insignia or display of a governmental or nonprofit organization when not displayed in connection with a commercial promotion or used as an advertising mechanism. As used in commercial promotion or used as an advertising mechanism, see Flag in Section 9.305.050 (Signs and Related Terms Defined). Page 314 Floor Area, Gross. The sum of all areas of the floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings but excluding any space where the floor-to-ceiling height is less than 6 feet. Floor Area, Net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation. Floor Area Ratio. The net floor area of all buildings on a parcel to the total adjusted lot square footage of that parcel. FAR calculations do not include floor areas for parking structures or outdoor open storage. Footprint, Building. The outline of a building at all of those points where it meets the ground. Frontage. See Lot Frontage or Yard, Front. As used in signage calculation, see Business Frontage in Section 9.305.050 (Signs and Related Terms Defined). Funeral Home, Mortuary. A building used for the preparation of the deceased for burial or cremation and the display of the deceased and ritual connected therewith before burial or cremation. 9.300.080 “G” Definitions Garage. A building or a parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles. Garage, Private. A garage used exclusively for the parking and storage of vehicles owned by residents of nearby dwelling units and their guests, which is not operated as a commercial enterprise and is not available to the general public and which is owned, leased or cooperatively operated by such residents. General Plan. The City of Menifee General Plan as adopted by the City Council. Glare. The effect produced by brightness sufficient to cause annoyance, discomfort or loss of visibility. Golf Driving Range. A commercial recreational use, or accessory use to a golf course, where persons may practice long distance shots. Such facilities are generally outdoor uses. Governing Body. The local governing unit empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. Page 315 Government(al) Agency. Any department, commission, independent agency or instrumentality of the United States, or a state, county, incorporated local municipality, authority, district or any other agency so recognized as a governmental unit. Government Facility. Offices and support facilities for any seat of any federal, state, county or City agency, or special district providing services to the general population. Greenhouse. A building with roof and sides made largely of transparent or translucent material used for the cultivation of plants. Ground Floor. The first floor of a building other than a cellar or basement. Group Residential Facilities. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. Facilities are typically licensed by the State of California. This classification includes clean and sober living facilities, other types of organizational housing, private residential clubs and farmworker housing, but excludes bed and breakfasts, dormitories, fraternity and sorority houses, boarding homes, rest homes, hotels, motels and residential care facilities. Small. A facility that houses six or fewer persons. Large. A facility that houses seven or more persons. Guest Living Quarter. A building, generally detached from a primary building, which contains no cooking facilities, and which is used principally for temporarily housing members of the single family household and their nonpaying guests. Guest living quarters also may be known as casitas. A guest living quarter is not an accessory dwelling unit. 9.300.090 “H” Definitions Habitable Structure. A structure which includes habitable space for living, sleeping, eating and cooking. Closets, halls, storage or utility space, and similar areas are not considered habitable space. Handicapped Person. A person who may be classified as having a physical impairment that manifests itself in one or more of the following ways: non-ambulatory; semi-ambulatory; visually impaired, deaf or hard of hearing; having faulty coordination; and having reduced mobility, flexibility, coordination or perceptiveness due to age or physical or mental conditions. Health Studio. An establishment that provides exercise facilities for use on-site. Home-Operated Business. A commercial or service activity conducted at a dwelling, incidental and accessory to the residential use of the dwelling, which does not change the character of the dwelling or surrounding area by generating more traffic, noise, odor, or storage of material than would be normally associated with a residential zone. Home Occupation. Related activities to the home-operated business that are conducted entirely within the residence. Home-Based Business. Related activities to the home-operated business may be conducted outside or within a partially enclosed structure. Page 316 Homeowners Association. An association of owners in a condominium, planned unit development or residential subdivision established to provide management of property in which they own an undivided, common interest. Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs as well as training, research, and administrative services for patients and employees. This classification excludes animal hospitals and veterinary clinics. Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities such as blood banks and plasma centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale. This classification includes substance abuse treatment and recovery programs which are not residential in nature and which exclusively administer counseling services. Substance Abuse Treatment Clinic. A non-residential facility that administers medication, or supervises the self-administration of medication, for substance abuse treatment. Hotel. A lodging facility offering transient accommodations to the general public, typically on a less than monthly basis, and which may provide additional services, such as restaurants, meeting rooms and recreational facilities. 9.300.100 “I” Definitions Impact. The effect of any direct man-made actions or indirect repercussion of man-made actions on existing physical, social or economic conditions. Impervious Surface. A surface through which water cannot penetrate, such as roof, road, sidewalk or paved parking lot. Individual with a Disability. Someone who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having such impairment, or anyone with a record of such impairment. Industrial. The manufacture, production and/or processing of consumer goods. See also Manufacturing. Infrastructure. Public facilities needed to sustain industry, residential, commercial and other land use activities. Page 317 Intensification of Use. A change to the existing use of a property which results in a change or increase in vehicular or pedestrian traffic or an increase in parking requirement, or induces additional environmental impacts, including but not limited to noise, light, glare, vibration, traffic, water quality, air quality or aesthetics. Intensity of Use. The number of dwelling units per acre for residential development and floor area ratio (FAR) for residential or nonresidential development such as commercial, office and industrial development. Intersection. The location where two or more roadways cross at the same grade. 9.300.110 “J” Definitions Junk. Any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled or disposed of. Junk Yard. The use of any lot or parcel of land for outside storage, wrecking, dismantling or salvage of any used or secondhand materials, including but not limited to lumber, auto parts, household appliances, pipe, drums, machinery or furniture. 9.300.120 “K” Definitions Kitchen. Any room, all or part of which is designed and/or used for storage, refrigeration, cooking and the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall normally be considered as establishing a kitchen. 9.300.130 “L” Definitions Landscape Plan. A plan on which is shown: proposed landscape species (such as number, spacing, size at time of planting, and planting details), proposals for protection of existing vegetation during and after construction, proposed treatment of hard and soft surfaces, proposed decorative features, grade changes, buffers and screening devices, and any other information that can reasonably be required in order that an informed decision can be made by the approval authority. Land Use. A description of how land is occupied or utilized. Land Use Permit. A permit issued by the City pursuant to the Menifee Municipal Code allowing a specific activity to be conducted on an individual property. Legislative Act. The means by which the legislative arm of government renders decisions, such as minute actions, resolutions and ordinances. Live Entertainment. Entertainment provided by or one or more professionals and utilizing sound amplification equipment, but not including, a single vocalist or piano player with a microphone, karaoke or open-mike amateur type performances and not including adult uses. Living Area. The area that is considered habitable living space. Does not include the garage, patios or screened enclosures. Loading Space. An off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles. Page 318 Lot. Any parcel of real property approved by a record of survey, plat, parcel map, subdivision map, or certificate of compliance, or any parcel legally created or established pursuant to the applicable zoning or subdivision regulations in effect prior to the effective date of application of this Code to such parcel. Corner. A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. Flag. A lot which utilizes a narrow strip as its means of providing frontage on a street and/or providing access to the lot. Interior (Typical). A lot other than a corner lot. Reverse Corner Lot. A lot, the rear of which abuts the side of another lot. Substandard. A parcel of land that has less than the required minimum area or dimensions. Through. A lot that fronts upon two streets that do not intersect at the boundaries of the lot. Lot Area, Gross. The total area within the lot lines of a lot, including any adjacent street rights- of-way. Lot Area, Net. The total area within the lot lines of a lot, excluding any street rights-of-way. Lot Coverage. See Coverage, Lot. Lot Depth. The average distance measured from the front lot line to the rear lot line. Lot Frontage. The length of the front lot line measured at the street right-of-way line. For flag lots, that portion of a lot, not including the pole portion, that is generally parallel to the access street. Lot Line. A line of record bounding a lot that divides the lot from another lot or from a public or private street or any other public space. Front. The lot line parallel to the street. On a corner lot, the shorter lot line abutting a street or the line designated as the front lot line by a subdivision or parcel map. On a flag lot, the interior lot line most parallel to the nearest street from which access is obtained. Page 319 Interior. A lot line which does not abut a street. Rear. The lot line which intersects a side lot line and which is most distant from and most closely parallel to the front lot line. Side. Any lot line other than a front or rear lot line. Lot Width. The horizontal distance between the side lines, measured at the required front setback line. Lot of Record. A lot that exists as shown or described on a recorded plat or deed in the records of the County Recorder. 9.300.140 “M” Definitions Manufactured Home. A factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974, and/or California law and is to be used as a place for human habitation. The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on-site, and placed on a permanent foundation. For the purpose of this Development Code, a manufactured home shall be considered the same as any site-built, single-family detached dwelling. Manufactured home is not inclusive of a mobile home unless the mobile home has been converted to real property and is taxed as a site-built dwelling. Manufacturing. To assemble, fabricate, compound, process, treat or remanufacture. Handcraft Manufacturing. On-site production, within an enclosed structure, of goods by hand manufacturing that involves the use of hand-tools and small-scale, light mechanical equipment (e.g., drills and saws; hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels; welding) and that has no negative external impacts on surrounding properties. Handcraft manufacturing also includes the incidental direct sale to consumers of those goods produced on-site. Handcraft manufacturing does not include specialized retail uses (see Retail, Specialized). Light-Intensity Manufacturing. The manufacturing, assembling, processing, storage or packaging of products, including: 1.The manufacturing of electric and electronic circuits and instruments and devices, such as, but not limited to, radio and television, phonographic equipment, calculators, computers, semi-conductors and transistors, and similar uses. 2.The manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials such as, but not limited to, cloth plastic, paper, leather, and precious or semi-precious metals or stones. 3.The manufacturing of pharmaceutical products. Light-intensity manufacturing does not include such operations as saw and planing mills, any manufacturing uses involving primary production of wood, metal or chemical products from raw materials and similar uses, uses involving the manufacturing, processing, storage or packaging of petroleum, and heavy agricultural products or other hazardous materials, or vehicle-dismantling yards, scrap and waste yards. Medium-Intensity Manufacturing. Any manufacturing, storage, and distribution that does not include hazardous wastes or result in large truck usage/parking on the site. Page 320 Heavy-Intensity Manufacturing. The manufacturing, assembly, processing, storage, or packaging of products involving chemicals, petroleum, and heavy agricultural products or other hazardous materials. Membership Club. A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and/or dues, regular meetings, and a constitution and bylaws. Membership Organization. A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements. Metal Shipping Container. Any metal container designed, built as, or formerly used for transporting seagoing cargo not to exceed the maximum dimensions of eight by eight by 40 feet. Ministerial Decision. An action taken by a governmental agency that calls for only objective determinations in deciding whether to approve and/or how to carry out a project. Mitigation. Methods used to alleviate or lessen the impact of development. Mobile Food Truck. Motorized vehicles that function as transportable retail food and beverage facilities. This use includes mobile food trucks that provide sales to the general public of food and beverage (pre-packaged or prepared and served from the vehicle or an attached trailer) for consumption on or off of the premises. Mobile Home. A trailer that is transportable in one or more sections, was built before the enactment of 42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, is over eight feet in width and 40 feet in length, and is sited with or without a permanent foundation. Mobile home does not include recreational vehicle, commercial coach, or factory built housing. Mobile Home Park. Any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium or other form of resident ownership, to accommodate mobilehomes used for human habitation. The rental paid for a mobilehome shall be deemed to include rental for the lot it occupies. Model Home Complex. Residential units and a temporary sales office used to illustrate the design of the units to potential homebuyers. Modification. A change or alteration to an approved permit or plan. Motel. An establishment providing transient sleeping accommodations with most rooms having direct access to the outside without the necessity of passing through the main lobby of the building. Motor Vehicle. A vehicle that is self-propelled by a motor or engine. Multiple Family Dwelling. See Dwelling, Multiple Family. Museum. A building or room, or any grouping thereof, open to the public, used to exhibit works of art or displays of historic objects, scientific objects or memorabilia. 9.300.150 “N” Definitions Page 321 Nightclub. An establishment dispensing liquor with or without meals and in which music, dancing or entertainment is featured. Noise Attenuation. Reduction of noise level using a substance, material or surface, such as earth berms and/or solid concrete walls. Nonconforming Lot. A lot, the area or dimensions of which was lawful and legally established prior to the adoption, revision or amendment of the Development Code but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the Code. Nonconforming Structure or Building. A structure or building, the size, dimension or location of which was lawful and legally established, prior to the adoption, revision or amendment of the Development Code but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the Code. Nonconforming Use. A use or activity that was lawful and legally established prior to the adoption, revision or amendment of the Development Code, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the Code. Nuisance. An interference with the enjoyment and legal use of property, including any act, condition or thing that is illegal and/or interferes with the rights of the public generally. 9.300.160 “O” Definitions Occupancy or Occupied. The residing of an individual(s) overnight in a dwelling unit or the storage or use of equipment, merchandise or machinery in any building. Occupancy Permit. See Certificate of Use/Occupancy. Off-Site. Located outside the lot lines of the lot in question. Off-Site Improvements. Improvements required as a result of development and including but not limited to curb, gutter, sidewalk, road widening and upgrading, stormwater facilities and traffic improvements. Off-Site Parking. Parking provided for a specific use but located on a site other than the one on which the specific use is located. Outdoor Sales. The display and sale of products and services outside of a building or structure. Outdoor Storage. The keeping, in an unenclosed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours. 9.300.170 “P” Definitions Parade. A parade, demonstration, procession, march, review, ceremony, rally or exhibition which is conducted in, on, upon or along any portion of any public street, sidewalk or other public property owned or controlled by the city which would impede, obstruct, impair or interfere with the free use of the public street, sidewalk or other public property, often to support or oppose a specific issue. Parapet. The extension of the main walls of a building above the roof level. Park. A tract of land designated and used by the public for active and/or passive recreation. Page 322 Park and Ride. A system where participants drive to a central location to carpool or gain access to public transportation to another location. Parking Lot. An off-street, ground-level open area, usually improved, for the temporary storage of motor vehicles. Parking, Shared. Joint use of a parking area for more than one use. Parking Space. A clearly defined location for the parking of a motor vehicle in a public or private parking area. Parking Space, Covered. An accessible and usable covered space of not less than 10 by 20 feet for storage of automobiles. Such covered parking space to be so located on the lot as to meet the requirements of this Title for an accessory building or, if attached to the primary building, to be so located as to meet all the requirements of this Title for a primary building. Parkway. The area of a public street between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for landscaping and/or passive recreational purposes. Party Wall. A dividing partition between two adjoining buildings (or units) that is shared by the tenants of each residence or business. Passageway. A pedestrian pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. Permit. Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization. Permitted Use. Any use allowed in a zone district and subject to the restrictions applicable to that zone district. Personal and Professional Services. Establishments providing non-medical services to individuals as a primary use. May also include accessory retail sales of products related to the services provided. Physically Disabled. A person who has a permanent loss of, or loss of use of, a part of the body, or permanent impairment of a body function, resulting in actual disability and a diminished ability to compete in an open market. Planning Department. See Community Development Department. Planning Director. See Community Development Director. Plat. A map representing a tract of land showing the boundaries and location of individual properties and streets; a map of a subdivision or site plan. Plaza. An open space which is improved and landscaped, usually surrounded by streets and/or buildings. Plot. A single unit parcel of land; a parcel of land that can be identified and referenced to a recorded plat or map. Plot Plan, Minor. The process established to provide for administrative review of projects that, because of their limited size and scope, have minor aesthetic, land use or traffic implications and do not create any significant impact on public utilities or services. Page 323 Plot Plan, Major. The process established to examine proposed development to ensure a high standard of quality for buildings, landscaping, parking and general site design. Such review enables the City to maintain stability in property values and prevent deterioration of property and aesthetics throughout the community. Porch. A roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building. Prezoning. The process or action by which cities are able to designate that portion of an unincorporated area for future annexation, with specific zoning districts which will apply upon annexation of the property to the City. Primary Building. See Building, Primary. Primary Use. See Use, Primary. Private Recreational Facilities. Facilities including but not limited to country clubs, tennis and swim clubs, golf courses, racquetball and handball facilities, and commercial uses which are commonly associated and directly related to these uses. Processing. A method that changes a material’s nature, chemical composition, or physical qualities. Professional Office. The office of a member of a recognized profession maintained for the conduct of that profession. Prohibited Use. See Use. Project, Non-Subdivision. The total development, not including subdivision of land, within the boundaries as defined on the plan for development. Project. The total development, including subdivision of land, within the boundaries as defined on the plan for development. Projection. That part of a building or structure which extends beyond the main wall of a building. Property. A piece or parcel of land or real estate, including buildings and easements. Public Property. Property owned by a governmental agency or held open to the public, including, but not limited to, parks, streets, sidewalks and alleys. Public Areas. Parks, playgrounds, trails, paths, recreation areas, open spaces, scenic and historic sites, schools and other buildings and structures for public use. Public Improvement. Any improvement or facility, together with the right-of-way necessary to provide transportation, drainage, utilities or other facilities that are usually owned, operated and/or maintained by a government agency. Public Right-of-Way. An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both. Public Utility. An agency that provides electricity, gas, communications, transportation, water, sewage collection or other similar service deemed necessary for the public health, safety and welfare. See also Utility Service. 9.300.180 “Q” Definitions Page 324 9.300.190 “R” Definitions Reasonable Accommodation. In the land use and zoning context, reasonable accommodation means providing individuals with disabilities or developers of housing for people with disabilities with flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to provision of housing or service opportunities. Recreation, Active. Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields. Recreation, Passive. Activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, card games, chess, checkers and other table games. Recreational Vehicle. A vehicle which is either: 1.A motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational, emergency or other occupancy, that meets all of the following criteria: 2.It contains less than 320 square feet of internal living room area, excluding built-in equipment, including but not limited to wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms. 3.It contains 400 square feet or less of gross area measured at maximum horizontal projection. 4.It is built on a single chassis. 5.It is self-propelled, truck-mounted or permanently towable on the highways without a permit. 6.A park trailer, as defined in California Health and Safety Code Section 18009.3. Recommending Authority. The person or body granted authority to review and make a recommendation for final action to the approving authority on a proposed permit or approval. Recyclable Material. Reusable material, including but not limited to metals, glass, plastic, paper and wood, intended for reuse, remanufacture or reconstitution for the purpose of being used in an altered form. Recyclable material does not include hazardous or potentially hazardous material as may be defined by the County of San Bernardino Division of Environmental Health Services, California Department of Toxic Substances Control and/or U.S. Environmental Protection Agency. Recyclable materials may include used motor oil. Recycling Collection Facility. An attended facility for the acceptance, by donation, redemption or purchase, of recyclable materials from the public. Recycling Processing Facility. A facility for the collection and processing of recyclable material. Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Religious Facility. A building or structure, or groups of buildings or structures, that are primarily intended for conducting organized religious services and associated accessory uses. Church includes mosque, temple, synagogue, cathedral or similar religious institutions. Page 325 Residential Care Facilities. Facilities that are licensed by the State of California to provide permanent living accommodations and 24-hour primarily nonmedical care and supervision for persons in need of personal services, supervision, protection or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, assisted living facilities, and group homes for minors, persons with disabilities and people in recovery from alcohol or drug addictions. This use classification excludes transitional housing and social service facilities. Small. A facility providing care for six or fewer persons. Large. A facility providing care for more than six persons. Elderly. A housing arrangement chosen voluntarily by the resident or by the resident’s guardian, conservator or other responsible person; where residents are 60 years of age or older; and where varying levels of care and supervision are provided as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. This classification includes continuing care retirement communities and life care communities licensed for residential care by the State of California. Resorts, Group Quarters, Group Camp. Any facility, place or building for the purpose of recreational activities, which may include overnight accommodations or camp areas. Restaurant. An establishment where food and drink are prepared and served. Retail Sales. The selling of goods or merchandise not specifically listed under another land use, to the general public for personal or household consumption and rendering of services incidental to the sale of goods. General. Retail establishments that sell goods or merchandise to the general public for profit. General retail stores may include specialized retail stores (see Retail, Specialized) but does not include adult businesses, medical marijuana dispensaries, or secondhand stores. Specialized. Retail establishments that sell goods or merchandise to the general public for profit but that are focused exclusively on a limited line of related products. Examples include, but are not limited to, bicycle shops, flower shops, book stores, music stores, gift shops, etc. Reverse Vending Machine. An automated mechanical device which accepts one or more types of empty beverage containers and issues a cash refund or other type of redemption bonus. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. Rezoning. An amendment to the map and/or text of a zoning ordinance to effect a change in the nature, density, intensity or regulation of uses allowed on a designated parcel or land area; an amendment to procedures regarding implementation of zoning regulations. Ridgeline. A relatively narrow elevation that is prominent because of the steep angle at which it rises; an elongated crest, or series of crests, with or without individual peaks, significantly higher than the adjoining ground. Right-of-Way. See Public Right-of-Way. Page 326 9.300.200 “S” Definitions School. Any institution of learning for public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the California Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education. School, Commercial. Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge or art form for commercial purposes. School, Private. Any building or group of buildings the use of which meets state requirements for elementary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency. School, Secondary. Any school licensed by the state, authorized to award diplomas for secondary education. School District. A district that serves as a unit for state financing and administration of elementary and secondary schools. Screening. A method of visually shielding or obscuring a structure or use from another by fencing, walls, berms or densely planted vegetation. Secondhand Store. Retail establishment that buys and sells used products, including books, clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects. Senior Center. An assembly building intended to provide nonresidential services for senior citizens. Senior Citizen. Any retired person over the age of 55 or any person over the age of 62 years. Setback, Building. The required distance between the building and any lot line. See Figure 9.195.030-1 (Setback Designations). Front. The required distance between the building and the front lot line. Rear. The required distance between the building and the rear lot line. Side. The required distance between the building and the interior side lot line. Street Side. The required distance between the building and the side lot line adjacent to a public right-of-way. Setback Line. The line that establishes the area of the property within which structures or other designated uses may be erected or placed. Self-Storage. A storage facility in which individual units are rented to the public. The term includes mini-storage and mini-warehouse. Shooting Range. An area or structure specially designed for the safe discharge and use of rifles, shotguns, pistols, silhouettes, skeet, trap, or any similar firearm for the purpose of sport shooting or military/law enforcement training. Short-Term Rentals. A transient vacation rental or use in which overnight accommodations are provided in dwelling units to guests for compensation, for periods of less than 30 days. Page 327 Sidewalk. A paved, surfaced or leveled area paralleling and usually separated from the street, used as a pedestrian walkway. Similar Use. A use that has the same characteristics as the specifically cited uses in terms of the following: trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs and clientele. Single Family Dwelling. See Dwelling, Single Family. Single Room Occupancy (SRO). A residential facility containing housing units that may have individual or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer. Site. A parcel of land or contiguous parcels where land alterations or activities, including grading, clearing or construction, are performed or proposed. Slope. The land gradient described as the vertical rise divided by the horizontal run and expressed in terms of percentage. Slope percentage = Rise x 100 = % Run Slope Ratio = Run = (x) ft run to 1 ft rise = x: 1 Rise Steep Slope. Land with a natural gradient of at least 25 percent (25 feet of vertical distance for every 100 feet of horizontal distance) and a vertical elevation of at least 50 feet. Solar Farm. A solar facility which is developed for purposes of generating solar power for purchase or sale, regardless of size or scale. Power generated from such fields is supplied to an electric distribution system for use by a utility service or energy provider with electric energy for wholesale or retail sale or use. A commercial solar field can be one of several solar technologies including but not limited to concentrating solar power (CSP), photovoltaics (PV) or concentrating photovoltaics (CPV). A solar farm does not include small-scale solar systems designed to provide electricity directly to a user on the same site, where the system is designed only to service the peak energy demand of the on-site user. Specific Plan. A plan for the long-range development of properties, consistent with the local general plan, regulating such things as uses permitted, density allowances, and distribution of uses and services, and including a program for the implementation of the plan. Stable, Horse. Riding academy, or any place where horses are rented or held for rent to the public, or where such horses are stabled, kept, or maintained for a fee, or where horses are boarded or cared for by a person or persons other than their owner. Staff. The staff of the various departments or divisions of the City of Menifee. Standard. A rule or measure establishing a level of quality or quantity that must be complied with or satisfied; requirements of this Code regarding building and development specifications such as minimum lot area, height limit, frontage, landscaping and floor area ratio. Page 328 Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than 6 feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such usable or unused under-floor space shall be considered a story. Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet below grade for more than 50 percent of the total perimeter, or not more than 8 feet below grade at any point. Street Improvements. Any or all concrete curbs, gutters, sidewalks, driveway approaches and drainage structures; asphalt curbs; asphalt paving; connecting pavement; and related improvements such as back–filling and preparation of the road surface to rough grade, and the placement of paving. Street, Private. A street that has not been accepted by the City or other governmental entity. Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences 6 feet or less in height. All buildings are structures. Structure, Accessory. A structure which is detached from the main building on a parcel or lot, the use of which is incidental to that of the primary building. An accessory structure includes but is not limited to a detached garage, gazebo, greenhouse, storage shed, studio, pool house, cabana, barn, pole barn, stable or workshop. Structure, temporary. A structure without a foundation which is capable of being moved. Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, as defined in Section 66424 of the Subdivision Map Act. Supportive Housing. Dwelling units with no limit on the length of stay, that are occupied by the target population as defined in California Health and Safety Code Section 50675.14, and that are linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, where possible, work in the community. Swap Meet. Any indoor or outdoor place, location, or activity where new or used goods are offered for sale or exchange to the general public by a multitude of vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to flea markets, auctions, open air markets or other similar activities, but the term does not include a supermarket, department store or typical retail operations. 9.300.210 “T” Definitions Page 329 Target Population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people. Temporary Use. Special events which, by their nature, are non-recurring and which continue for a limited period of time. Temporary uses may occur indoors or outdoors, on improved or unimproved property and should be consistent with the zone for that property and its uses. Terrace. A level, landscaped and/or surfaced area, also referred to as a patio, directly adjacent to a primary building at or within 3 feet of finished grade and not covered by a permanent roof. Tot Lot. An improved and equipped play area for small children usually up to elementary school age. Toxic Substances. Any combination of contaminants, including disease-carrying agents, that, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, can cause death or disease, mutations, deformities or malfunctions in such organisms, or their offspring, and that adversely affect the environment. Tract Map. A map showing a subdivision of five or more parcels for which a tentative and final map are required by the Subdivision Map Act, prepared in accordance with the provisions of the Subdivision Map Act, and designed to be filed for recordation in the Office of the County Recorder. Transit. The conveyance of persons or goods from one place to another by means of a public transportation system. Transitional Housing. Dwelling units configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of assistance. Transportation Station. A place where transfer between modes of transportation takes place; a terminating point where goods are transferred from a truck to a storage area or to another form of transportation. 9.300.220 “U” Definitions Underground Facility. Any facility or structure built completely below grade to be used for storing personal property of the property owner such as a root cellar or a wine cellar or serving as a shelter or bunker for safety purposes in the event of a disaster, either natural or man-made. No underground facility may be rented for any purpose. Use. The purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained. Use, Accessory. A use incidental to and customarily associated with a specific primary use, located on the same lot or parcel. Use, Primary. The principal or predominant use of any lot or parcel. Page 330 Utility. See Public Utility. Utility Services. The generation, transmission and/or distribution of electricity, gas, communications and water; the collection and treatment of sewage and solid waste; and the provision of mass transportation. 9.300.230 “V” Definitions Variance. A grant of relief from the requirements of this Code which permits construction in a manner that would otherwise be prohibited by this Code. Vehicle Body Repair, Paint or Restoration. A commercial use often referred to as a body and fender shop through which damaged or wrecked vehicles are repaired or restored. Vehicle Dismantling. See Vehicle Wrecking. Vehicle Leasing and Rental. A business whose primary purpose is to provide vehicles to serve customer transportation needs. Such vehicles may include automobiles, trucks, bicycles, motorcycles, trailers and/or recreational vehicles. Vehicle Repair, Major. A facility which provides heavy repair of vehicles and/or trucks including but not limited to body and fender repair, automotive painting, transmission and/or engine rebuilding, or other repair services which include the removal of major automotive mechanical components of a vehicle. Vehicle Repair, Minor. A facility which provides light repair of vehicles and/or light trucks, including but not limited to engine tune-up, oil change, brake repair and replacement, muffler replacement, and the sale and/or installation of tires, batteries and accessories. Vehicle Sales. A facility for the display and sale of new or used automobiles, light trucks, vans, trailers or recreation vehicles and including any vehicle preparation or repair work conducted as an accessory use in designated buildings. Vehicle Storage Lot. A parcel or parcels of land utilized for long-term or short-term vehicle storage, including cars, motorcycles, trucks, light trucks and/or recreational vehicles. Vehicle Wrecking. The dismantling and parting out of motor vehicles or trailers, or the storage and/or sale of dismantled or wrecked motor vehicles or their parts. Veterinary Clinic. A place where animals are given medical care and where the boarding of animals is limited to short-term care incidental to the medical care. 9.300.240 “W” Definitions Wall. The vertical exterior surface of a building; vertical interior surfaces that divide a building’s space into rooms; fences made of block or stucco, or similar permanent material. Warehouse. A building used primarily for the storage of goods and materials. Watercourse. A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Wheel Stops. Permanent devices that block the front wheels of a vehicle in a parking stall. Page 331 9.300.250 “X” Definitions 9.300.260 “Y” Definitions Yard. The open space between a lot line and the required building setback line within which no structure shall be located except as otherwise provided in this Code. Yards shall be unobstructed from the ground to sky. See Figure 9.160.030-1 (Setback Designations). Front. A yard extending across the full width of the lot between the side lot lines and between the front lot line and the front setback line. The front lot line shall be deemed to be the existing nearest right-of-way line of the abutting street, road or highway, unless a different right-of-way line for future use shall have been precisely fixed by law or ordinance, or by formal action of the City Council pursuant to law or ordinance, in which event the front lot line shall be deemed to be such different right-of-way line. In the event of multiple adjacent rights-of-way in residential zones, the front of the lot shall be that portion of the lot adjacent to the lowest classification of roadway as established in the General Plan Circulation Element. For all other land use districts, the front of a lot with multiple adjacent rights-of-way shall be that portion of the lot adjacent to the highest classification of roadway as established in the General Plan Circulation Element (unless otherwise established by the General Plan). In the event that more than one adjacent right- of-way are of the same classification, building orientation shall determine the front yard in all zones. Rear. A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the rear setback line. Where a rear yard abuts a street, it shall meet the front yard requirements of the district. Side. That portion of a lot adjacent to a property line that is not a front or rear yard as defined herein. Street Side. A side yard adjacent to a public right-of-way. 9.300.270 “Z” Definitions Zone. The delineation of districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings. Zone District. A designated section of the City for which prescribed land use requirements and building and development standards are uniform. Zoning Map. The map or maps that are a part of a zoning ordinance that delineate the boundaries of zone districts. Chapter 9.305 Special Standard and Use Definitions Contents: 9.305.010 Purpose 9.305.020 Animal Keeping and Related Terms Defined 9.305.030 Density Bonus and Related Terms Defined 9.305.040 Marijuana and Related Term Definitions 9.305.050 Signs and Related Terms Defined Page 332 9.305.060 Noise Control Regulations 9.305.070 Wireless Communications and Related Terms Defined 9.305.010 Purpose This chapter provides definitions of terms and phrases used in this Development Code that are specific to regulated uses or the application of certain development standards contained in this Title and are intended to apply in addition to those terms defined in Chapter 9.430 (Universal Definitions). If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Development Code. If a word is not defined in this chapter, or other provisions of the Municipal Code, the Community Development Director shall determine the most appropriate definition in compliance with Chapter 9.10 (Rules of Interpretation). State law definitions, as they may be amended from time to time, control over the definitions in this section. 9.305.020 Animal Keeping and Related Terms Defined Animal. Except for humans, any living, breathing creature, including mammals, birds, rodents, dogs, livestock, pets, reptiles, insect, fish, horse, livestock or other non-human creature, whether wild or domestic. Small. Pygmy goats, potbelly pigs, poultry, rabbits, domestic dogs and cats and other comparably sized animals distinguished from those defined as medium or large animals. Medium. Swine, pygmy horses, goats, sheep and other comparably sized animals distinguished from those defined as small or large animals. Large. Horses, cows and other animals so categorized by their size, weight and/or appearance to be large animals. Animal Hospital. A place where animals or pets are given medical or surgical treatment and care. Animal Keeping, Commercial. The keeping, breeding, caring, boarding, training, or marketing of animals for sale or for profit. Animal Keeping, Non-Commercial. The keeping, breeding, caring, boarding, training, or marketing of animals for personal use. Animal Rescue. The care and boarding of animals at a residence for noncommercial or not for profit purposes. The number and type of animals allowed are limited to that which would otherwise be allowed as pets. Apiary. A facility for the keeping of bees. Aviary. A facility for the keeping of birds. Cat. A domestic cat of the species Felis catus, including its young or kittens. Cattery. Any building, structure, enclosure, or premises whereupon, or within which, ten or more cats, four months of age or older, are kept or maintained. Cattle. All species of bovine. Crowing Fowl. Roosters, peacocks, turkeys, and guinea fowl. Page 333 Dog. An animal, domestic dog of the species canine of either sex, altered or unaltered, that has reached the age of four months. Enclosure. A fence, pen or structure suitable to securely and humanely prevent the animal from escaping or the entry of unauthorized persons. Horse. Animal of the Equus genus, including mule, ass, donkey, and miniatures. Kennel. Any building, structure, enclosure, or premises whereupon, or within which, five or more dogs, four months of age or older, are kept or maintained. Non-Crowing Fowl. Poultry other than crowing fowl. Pet. Any animal that is kept and cared for, for companionship, protection or adornment of a home. Pets shall include but not be limited to: dogs, rabbits, cats, caged homing pigeons, nonpoisonous insects, ornamental or songbirds, fish, nonpoisonous snakes under 6 feet long, domesticated hedgehogs, or small animals kept in a cage such as hamsters, lizards, white mice, domestic rodents, or reptiles. Pets shall not include horses, pigs of any type, large or small livestock, or exotic animals. Petting Zoo. A collection of farm animals, such as goats, ducks, and sheep, and sometimes docile wild animals such as turtles or deer, for children to feed and pet. Pig. All species and sizes of pigs and hogs, genus Sus. Poultry. Winged and feathered animals including, but not limited to, chickens, hens, roosters, ducks, geese, and turkeys. Includes both crowing fowl and non-crowing fowl. Premises. Any dwelling, parcel of land, structure, residence, building, pen, corral, enclosure, fenced yard, or dog run. 9.305.030 Density Bonus and Related Terms Defined Affordable Housing. Dwelling units with a sales price or rent within the means of a low- or moderate-income household as defined by state or federal legislation. As used in this development code: 1.Very low income refers to family units/households whose annual income is 50% or less of the area's median income as defined in Health and Safety Code Section 50105 (Government Code Section 65915(b)(1)(B)). 2.Low income refers to family units/households whose annual income is between 50% and 80% of the area's median income as defined in Health and Safety Code Section 50079.5 (Government Code Section 65915(b)(1)(A)). 3.Moderate income refers to family units/households whose annual income is between 80% and 120% of the area's median income as defined in Health and Safety Code Section 50093 (Government Code Section 65915(b)(1)(D)). Affordable Housing Benefits. Means one or more of the following: 1.A density bonus pursuant to Section 9.180.060. 2.An incentive pursuant to Section 9.180.120. 3.A development standard waiver or modification pursuant to Section 9.180.150. 4.A parking standard modification pursuant to Section 9.180.160. Page 334 Affordable Housing Cost. The definition set forth in Health and Safety Code Section 50052.5 (Government Code Section 65915(c)(1)). Affordable Housing Developer. The applicant or permittee of a qualified housing development and its assignees or successors in interest. Affordable Rent. The definition set forth in Health and Safety Code Section 50053 (Government Code Section 65915(c)(1)). Childcare Facility. A child day-care facility other than a family day-care home, including but not limited to infant centers, preschools, extended day-care facilities and school-age childcare centers (Government Code Section 65915(h)(4)). Common Interest Development. Any of the following: a community Apartment project, a condominium project, a planned development or a stock cooperative pursuant to Civil Code Section 1351(c) and Civil Code Section 4100. All common interest development units must be offered to the public for purchase (Government Code Section 65915(b)(1)(D)). Condominium Conversion Project. A residential project in which the applicant proposes to convert Apartment units to condominiums pursuant to Government Code Section 65915.5(a). Density Bonus. A process by which a city can increase the density within a development project by a percentage established by law or through which the city offers incentives that support economic viability in return for guarantees with respect to the preservation of the rights of use or sale for affordable housing purposes. Density Bonus Units. Dwelling units granted pursuant to Section 9.180.030 which exceed the otherwise maximum allowable residential density. Development Standard. A site or construction condition, including but not limited to a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement or a parking ratio, that applies to a residential development pursuant to the development code, the General Plan or other City condition, law, policy, resolution or regulation (Government Code Section 65915(o)(1)). Housing Development. A development project of five or more residential units. Includes a subdivision or common interest development that is approved by the city and consists of residential units or unimproved residential lots, and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multi-family dwelling where the result of the rehabilitation would be a net increase in available residential units (Government Code Section 65915(i)). Incentive. Means “incentives and concessions” as that phrase is used in Government Code Section 65915. Market-Rate Unit. A dwelling unit that is not an affordable unit. Maximum Allowable Residential Density. The density allowed under the development code and the Land Use Element of the General Plan, or if a range of density is permitted, the maximum allowable density for the specific district density range applicable to the project. If the density allowed under the development code is inconsistent with the density allowed under the Land Use Element of the General Plan, the General Plan density shall prevail (Government Code Section 65915(o)(2)). Page 335 Minimum Affordable Housing Component. A housing development project that includes a minimum of any of the following: 1.Very Low-Income Minimum Affordable Housing Component – Provides at least 5% of the total units for very low-income household residents (Government Code Section 65915(b)(1)(B)); or 2.Low-Income Minimum Affordable Housing Component – Provides at least 10% of the total units for low-income households (Government Code Section 65915(b)(1)(A)); or 3.Moderate-Income Minimum Affordable Housing Component – Provides at least 10% of the total dwelling units in a common interest development for moderate-income households (Government Code Section 65915(b)(1)(D)). Other Incentives of Equivalent Financial Value. The reduction or waiver of requirements which the City might otherwise apply as conditions of condominium conversion approval, but shall not be construed to require the City to provide cash transfer payments or other monetary compensation (Government Code Section 65915.5(c)). Qualified Housing Development. A housing development that meets the requirements of Section 9.180.030 for density bonus. Qualified Land. Land offered for donation in accordance with Section 9.180.110 that meets the criteria set forth in Subsection 9.180.110.A. Senior Citizen Housing Development. A residential development that is developed, substantially rehabilitated or substantially renovated for senior citizens and that has at least 35 senior citizen housing development units (Government Code Section 65915(b)(1)(C)). Senior Citizen Housing Development Unit. A residential dwelling unit in a senior citizen housing development that is available to, and occupied by, a senior citizen as defined in Civil Code Section 51.3. Specific, Adverse Impact. A significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies or conditions as they existed on the date the application for the housing development was deemed complete. Inconsistency with the development code or General Plan land use designation shall not constitute a specific, adverse impact upon the public health or safety (Government Code Section 65589.5(d)(2)). Total Units and Total Dwelling Units. Dwelling units other than density bonus units (Government Code Section 65915(b)(3)). 9.305.040 Marijuana and Related Term Definitions Hookah. A glass or metal water pipe usually decorated and shaped somewhat like a bottle or small tank, with a long, flexible cord pipe. Also known as shisha, nargile, hubble bubble, nag and turkish water pipe. Hookah Lounge. An area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of hookahs, but does not include private use of hookahs in personal residences if otherwise in compliance with applicable law. Indoor Cultivation. Marijuana cultivation for personal, non-medicinal use within an individual’s private residence, or within an accessory structure that is fully enclosed and secure. Page 336 Marijuana. Any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannibus rueralis, or other variations that contain the psychotropic compound Tetrahydrocannabinol (THC), whether growing or not; the seed thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term marijuana shall also include “medical marijuana” as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 through 11362.85 (Medical Marijuana Program). Marijuana Cafe. An area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of marijuana, but does not include private use of marijuana in personal residences if otherwise in compliance with applicable law. Marijuana Cultivation. Growing, planting, harvesting, drying, curing, grading, trimming or processing of marijuana. The term marijuana cultivation shall also include “mobile cultivation,” that being the cultivation of marijuana within a movable conveyance such as a vehicle, truck, trailer, recreational vehicle, mobile home or other such mobile device. Marijuana Dispensary. Any facility or location, whether fixed or mobile, where marijuana is made available to or distributed by or distributed to any individual. Marijuana Processing. Any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to drying, cleaning, curing, packaging and extraction of active ingredients to create marijuana-related products and concentrates. Further, marijuana processing shall include marijuana byproducts created at another location and transported to a site to be used as an additive in another product. Medical Marijuana Dispensary. Any facility or location, whether fixed or mobile, where medical marijuana is made available to or distributed by or distributed to one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card. All three terms are identified in strict accordance with California Health and Safety Code Section 11362.4 et seq. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by this code or applicable law: A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a healthcare facility licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for persons with chronic life- threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such uses comply strictly with applicable law, including but not limited to, Health and Safety Code Section 11362.5 et seq. Mobile Marijuana Dispensary. Any clinic, cooperative, club, business or group which transports or delivers, or arranges the transportation or delivery of, marijuana to a person for either personal, recreational or medical use. 9.305.050 Signs and Related Terms Defined Page 337 For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Abandoned Sign. A sign which no longer directs, advertises or identifies a legal, existing business establishment, product or activity on or off the site where such sign is displayed. Address Sign. A sign that displays the address of a residence, business and/or property and that contains no advertising. A-Frame Sign. A freestanding portable sign usually hinged or attached at the top and widening at the bottom to form a shape similar to the letter "A". Animated Sign. Any sign that uses movement or change of lighting, including reflective lighting, to depict action or create a special effect or scene. Attached Sign. Any sign or advertising device which is permanently affixed to a structure or building. Automobile Center. A location at which new and/or used automobiles, trucks, vans, trailers, recreational vehicles, boats, motorcycles or other similar motorized transportation vehicles are leased and/or sold on site. Awning Sign. Any sign or graphic attached to, painted on or applied to an awning or canopy. Backlit Channel Letter Sign. A type of sign utilizing opaque channel letters with an open back. Backlit channel letters contain the only source of light that projects such light onto the background against which the channel letters are silhouetted. Also known as a halo sign. Balloon. Any mobile device that is inflated with gaseous materials and is used for the purpose of attracting attention, whether or not it contains a written or graphic message. Banner Sign. Any cloth bunting, plastic, paper, fabric or similar material attached to or pinned on or from any structure, used for the purposes of advertising a business, organization, service, product or event. Flags and flag signs shall not be considered banners. Billboard. A freestanding off-site sign which advertises a name, place, product, service or any other subject not related to the property or use of the property on which it is located. Also see "off-site sign." Blade Sign. Any sign, other than a wall or projecting sign, which hangs from a building and extends perpendicular from the face of a building. Business Directory. A sign identifying the location of occupants of a building or a group of buildings which are divided into rooms or suites used as separate offices, studios or shops. Business Frontage. That portion of a business facade which encloses an individual tenant and/or business fronting on either a public street, common use parking area, pedestrian area or driveway, excluding alleys. Can Sign. A type of wall sign that utilizes a cabinet or similar enclosure affixed to a wall, and typically has a replaceable lens or sign face. Also known as a lens sign. Channel Letter Sign. A sign utilizing individual letters and/or numbers that protrude away from the wall or structure on which the letters and/or numbers are individually mounted. Common Use Parking Area. An on-site parking lot to which a business has access for providing parking for its tenants and customers. Page 338 Construction Sign. A temporary sign containing information pertaining to the development on the site where the sign is located, which may include the name of the project, the developer, contractor, architect, financing source, future occupants or other information directly related to the development. Copy. Any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign. Customary Maintenance. The replacing or repairing of a part or portion of a sign necessitated by ordinary wear and tear, or the reprinting of existing copy without changing the wording, composition or color of said copy. Detached Sign. See “freestanding sign.” Directional Sign, On-Site. Any on-site sign which is designed, erected and maintained to serve as public convenience in directing pedestrian and/or vehicular traffic, but not used for the purpose of advertising uses or activities on the site. Double-Faced Sign. A single structure designed with the intent of displaying copy on two sides. Drive-Up Menu Board. A sign identifying the food items sold on the site. May include means to order the food from a vehicle to be picked up at a drive-up window. Electronic Display Sign. Any sign with a fixed or changing display/message composed of a series of lights, but not including time and temperature displays. Exposed Raceway. An enclosure or conduit that is used to conceal wiring for a lighted sign and is visible from any elevation, typically located between the sign and the building to which the sign is attached. Externally Lighted Sign. A sign whose illumination is arranged so that the light is reflected from the sign to the eyes of the viewer. Finished Grade. The established finished grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating a sign. Flag. A visual device with no commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a pole or post and that may be raised or lowered. Flag Sign. A visual display device with commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a post or pole and may be raised and lowered. Flashing Sign. Any electric sign which intermittently flashes on and off, changes in intensity or creates the illusion of flashing in any manner. Freestanding Sign. A sign which is supported by one or more braces, poles, posts or other similar structural components that are placed on or anchored in the ground and are not attached to a building or buildings. Freestanding signs include monument and pole signs. Freeway-Oriented Sign. Any sign whose primary purpose is to identify the business to motorists on the freeway. Freeway-Visible Sign. Any sign that may be visible from the freeway, but whose primary purpose is not to be freeway-oriented. Frontage. That part of a building or a site that fronts on a street. Garage Sale Sign. A temporary sign for the purpose of advertising a garage sale. Page 339 Grand Opening Sign. A temporary promotional sign used by newly established businesses to inform the public of their new location and service. "Grand opening" does not mean an annual or occasional promotion of retail sales by a business. Human Sign. Any person wearing, carrying and/or moving a sign, or functioning as a sign, to attract the attention of motorists or pedestrians to a business, product or event. Human signs include, but are not limited to, sign spinners and costumed humans. Illegal Sign. Any sign not authorized or permitted by this chapter, or a sign erected without first obtaining the required approval or for which the required permit has expired or been revoked. Internal Directional Sign. A sign placed on private property that serves solely to guide or designate the location or direction to any place or area on that property. Internally Lighted Sign. A sign whose illumination is entirely within the sign, making the contents of the sign visible at night by means of a light being transmitted through translucent or semi-translucent material, but with the source of the illumination itself not being visible. Kiosk. A freestanding round or multiple-sided structure whose main purpose is to display signs or information. Logo. A trademark or symbol of an organization which is registered with the federal or state government and consistently used in conducting the business activities of said organization. Marquee. A permanent structure that is typically attached to and supported by a building and that projects beyond the building wall and usually uses changeable copy. Master Sign Program. A specific set of design standards established for the purpose of unifying a variety of signs associated with a multitenant or multiuse project, building or complex of buildings. Model Home Sign. Signs advertising or related to a model home complex. Monument Sign. A freestanding sign mounted on or within a base, above grade, which is detached from any building, where the sign structure is not narrower than the display surface of the sign. Mural, Commercial. A display or illustration painted on a building or wall intended to advertise a product, service or business. Mural, Noncommercial. A hand-produced work of visual art that is tiled or painted directly upon, or affixed directly to, a building or wall and that is not intended to advertise a product, service or business. Does not include mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl, murals containing electrical or mechanical components, or changing image murals. Neon-Style Sign. A sign that, in part or in full, is made of lighting that utilizes neon or other gases in translucent tubing, or other lighting that has a similar look. Off-Site Sign. A sign which advertises or directs attention to a person, establishment, merchandise, business, service, event or entertainment which is not located, sold, produced, manufactured, provided or furnished on the site, parcel and/or lot where the sign is located. On-Site Sign. A sign which advertises or directs attention to a person, establishment, merchandise, business, service, event or entertainment which is located, sold, produced, manufactured, provided or furnished on the site, parcel and/or lot where the sign is located. Page 340 Pole Sign. A freestanding sign directly supported by a sign structure consisting of poles, posts or braces or other similar components that is narrower than the display surface of the sign. Portable Sign. A sign that is easily transported and not permanently fixed to a building, permanent structure, fixture or the ground and that is usually displayed in front of the business. Portable signs do not include banner signs, grand opening signs or real estate signs. Projecting Sign. A sign, other than a wall sign, that projects more than 12 inches from, and is supported by, the wall to which it is affixed, and does not project above the wall to which it is attached. Pylon Sign. A freestanding sign, usually double-faced, mounted on one or two supports above ground level, also referred to as a pole sign. Real Estate Sign. A sign indicating that the site or building is for sale, lease or rent. Regional Center. A retail or business center exceeding 20 acres in overall project area and containing more than 200,000 square feet in building area. Retail, Primary Establishment. A retail tenant of a multi-tenant center that serves as a primary attractor of customers to the center and has a larger lease space than other tenants in the center, as determined by the Community Development Director. Retail, Sub-Establishment. A retail tenant of a multi-tenant center that is not a "retail, primary establishment," as defined in this section. Roof Sign. Any sign which is erected, constructed or maintained on or above a roof system, plate-line, roof-line or parapet of any building. Service Station Sign. Signage that is utilized to identify or advertise the sale of gas for motor vehicles. Sign. Any object, device, display or structure, or part thereof, that is used to identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Sign Area. The entire area of a sign face, including the nonstructural perimeter trim, but excluding structures or uprights on which the sign is supported, unless such supports or uprights are designed in such a manner as to form an integral background of the sign. Subdivision Directional Sign. A sign consisting of the name of a subdivision and a directional arrow that directs people to a new residential subdivision. Subdivision Sign. A sign advertising or identifying a residential subdivision. Temporary Sign. Any sign that is intended to be displayed for a short duration of time, that is not permanently mounted and that is not intended for permanent display. Includes, but is not limited to, noncommercial murals, human signs, signs held by hand and signs personally attended to. Unmaintained Sign. A sign that is not maintained in a safe, presentable and good structural condition at all times, including, but not limited to, replacement of defective parts, painting, repainting, cleaning and other acts required for proper sign maintenance. Signs which are faded, tattered and/or torn shall be considered unmaintained. Page 341 Wall Sign. Any sign which is attached to, painted on or erected upon the exterior wall of a building or structure including the parapet, with the display surface of the sign parallel to the building wall. Window Sign. Any sign painted, attached, glued or otherwise affixed to the interior or exterior surfaces of a window or located within 5 feet of the interior side of a window for the primary purpose of being visible from the exterior of the building. Wind-Driven Sign. A single or series of pennants or other similar objects which are fastened together at intervals by wire, rope, cord, string or by any other means and which are designed to move and attract attention upon being subjected to pressure by wind or breeze. Certain flags and flag signs may not be considered a wind-driven sign. 9.305.060 Noise Control Regulations A-Weighted Decibel (dBA). The standard A-weighted frequency response of a sound level meter, which de-emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds. Audio Equipment. A television, stereo, radio, tape player, compact disc player, MP3 player, iPod, music equipment/instrument or other similar device. Decibel (dB). A unit for measuring the relative amplitude of a sound equal approximately to the smallest difference normally detectable by the human ear, the range of which includes approximately 130 decibels on a scale beginning with zero decibels for the faintest detectable sound. Decibels are measured with a sound level meter using different methodologies as defined below. Equivalent Continuous Noise Level (Leq). The noise level energy averaged over the measurement period. For example, a 10-minute Leq would be averaged over a 10-minute period. Motor Vehicle Sound System. A television, stereo, radio, tape player, compact disc player, MP3 player, iPod, music equipment/ instrument or another similar device attached to or installed within the vehicle. Noise. Any loud, discordant or disagreeable sound. Occupied Property. Property upon which is located a residence, business or industrial or manufacturing use. Property where a residential, commercial, business, industrial, manufacturing or storage activity is taking place. Off-Highway Vehicle. A motor vehicle as defined in California Vehicle Code Section 38006, including without limitation off-highway motorcycle, sand buggy, dune buggy, all-terrain vehicle or jeep. Sensitive Receptor. A living organism or land use that is identified as sensitive to noise in the Noise Element of the City's General Plan, including, but not limited to, residences, schools, hospitals, churches, rest homes, cemeteries or public libraries. Sound-Amplifying Equipment. A loudspeaker, microphone, megaphone or other similar device. Sound-Generating Equipment. A musical instrument/device, motor, generator or other mechanical equipment or device capable of generating sound not otherwise defined herein. Page 342 Sound Level Meter. An instrument meeting the standards of the American National Standards Institute for Type 1 or Type 2 sound level meters or an instrument that provides equivalent data. 9.305.070 Wireless Communications and Related Terms Defined Antenna. A device used for the purpose of transmitting and/or receiving wireless communication signals; does not include a satellite dish or antenna. Antenna Structure. An antenna and its associated support structure, such as a monopole or tower. Electric Utility Tower. A structure that supports, holds or contains wires that transfer electricity. Equipment Enclosure. Any freestanding or mounted structure, shelter, cabinet or vault used to house and protect the electronic and supporting equipment necessary for processing wireless communication signals. Supporting equipment includes, but is not limited to, air conditioners and emergency generators and other backup power suppliers. Monopole. A vertical, unguyed structure erected on the ground to support an antenna. Support Facility. Equipment and structures constructed in support of wireless communication or antenna structures. Support facilities may include, but are not limited to vaults, equipment rooms, utilities and equipment enclosures. Tower. A structure that supports, holds or contains equipment that sends and/or receives wireless communication signals, including, but not limited to, antennas. Wireless Communication Service Provider. The private entity that is responsible for providing wireless communication to the general public or that owns or operates a wireless communication facility. Includes a company which owns the facilities and leases them to a wireless communication service provider. Shall also mean “telecommunication service provider.” Wireless Communication Facilities. Facilities that send and/or receive personal wireless communication signals, including, but not limited, to antennas, microwave dishes or horns, antenna structures, towers, equipment enclosures and the land upon which they are all situated, but not including satellite antennas. Wireless communication facilities are classified as follows: 1.Concealed Wireless Communication Facilities. Facilities blended into the environment so as not to be seen at all or, if seen, not to be recognized as wireless communication facilities; also called “stealth.” Concealed wireless communication facilities include, but are not limited to, architecturally screened roof-mounted facilities, facade-mounted design feature facilities, clock tower facilities and entry statement signage facilities. 2.Disguised Wireless Communication Facilities. Facilities designed and sited so as to be minimally visually intrusive. Disguised wireless communication facilities include, but are not limited to, disguised palm trees (monopalms), disguised pine trees (monopines), disguised ball field light poles, disguised water towers, disguised streetlights, disguised electric utility poles, suspended wire antennas and painted poles located within a grove of live trees. 3.Co-located Wireless Communication Facilities. Facilities owned by one wireless communication service provider that are attached to facilities owned by a different wireless communication service provider or facilities owned by another utility, such as an electric utility tower. Page 343 4.Other Wireless Communication Facilities. Facilities that are not concealed, disguised or co- located. 5.Small Cell Telecommunication Facility. An unstaffed facility, excluding a satellite dish antenna, that consists of a base station which provides wireless device, data and/or image transmission within a designated service area ad may consist of a low-powered access node with no more than five watts of transmitter output power per antenna channel, and may not be larger than a maximum height of three feet and a maximum width of two feet.