Indian Wells City Zoning Code
CHAPTER 21
29 SENIOR HOUSING OVERLAY ZONE DEVELOPMENT STANDARDS
§ 21.29.010 General.
This Chapter contains the development standards and regulations for the Senior Housing Overlay Zone established by the City.
(Ord. 387 § 1, 1996)
§ 21.29.020 Purpose.
The purpose of Chapter 21.29 is to provide standard incentives in Section 21.12.040(c), Senior Housing, for the development of a wide variety of specialized housing designed, and restricted to residents over the age of fifty-five (55).
(Ord. 387 § 1, 1996)
§ 21.29.030 Permitted uses.
(a)
Only the primary use, accessory uses and structures related to the primary use, and support facilities directly related to the following senior housing residential facilities shall be permitted in this district
(1)
Active Retirement Community. Projects in this category are more typical in nature to conventional production housing forms. The development is generally focused around an exterior amenity, (i.e., golf course, community clubhouse, etc.). Housing forms include single family dwellings, town homes, and other attached housing. Unit sizes are smaller as residents are down sizing their housing as a result of economics and desire.
(2)
Living Units. Projects in this category may include attached or detached housing designed around a community atmosphere or community building. Offered services include on-site security and emergency call monitoring. Residents are very active in community activities and independent.
(3)
Senior Housing. Projects in this category may include smaller apartments with kitchens with common facilities such as dining, activity centers, and community services. Offered services include meals, security, emergency call monitoring, housekeeping, and resident transportation. Unit kitchenettes are more of a marketing feature representing a symbol of continued independence rather than used extensively for home cooking. Meals are provided as part of a service package in a common dining room.
(b)
All development in this overlay zone shall be in accordance with an approved site plan and Conditional Use Permit.
(Ord. 387 § 1, 1996; Ord. 734 § 3, 2021)
§ 21.29.040 Density.
The density shall be determined by the base zone for which the Senior Housing Overlay is established, unless modified by the City Council, pursuant to the developer incentive programs of Section 21.12.040(c) of this Zoning Code.
(Ord. 387 § 1, 1996)
§ 21.29.050 Minimum building site area.
Multifamily "cluster type" residential projects, shall have a minimum building site area of forty-three thousand five hundred sixty (43,560) square feet.
(Ord. 387 § 1, 1996)
§ 21.29.060 Minimum lot area per dwelling unit.
Individual single-family detached lots, not a part of a multifamily "cluster type" residential project, shall have a minimum lot area of three thousand eight hundred (3,800) square feet net, i.e. not including streets and alleys.
(Ord. 387 § 1, 1996)
§ 21.29.070 Dwelling unit size.
Allowable unit sizes shall vary according to presence or absence of a common project dining facility. Each unit shall contain kitchen including two burners, oven, refrigerator/freezer, sink, counter space and storage.
Habitable Space | W/Common Dining | W/out Dining |
|---|---|---|
Studio | 360 sq. ft. | 450 sq. ft. |
1 Bedroom | 500 sq. ft. | 600 sq. ft. |
2 Bedrooms | 700 sq. ft. | 800 sq. ft. |
(Ord. 387 § 1, 1996)
§ 21.29.080 Habitable space.
Space within a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.
(Ord. 387 § 1, 1996)
§ 21.29.090 Landscaping.
(See Section 21.60 Architecture and Landscape Review.)
(Ord. 387 § 1, 1996)
§ 21.29.100 Building height.
(a)
General. For single story structures, eighteen (18) foot height maximum; for two-story structures, see Section 21.27.070.
(b)
Setbacks — Single Story Structures.
(1)
For single story structures with an eighteen (18) foot height maximum:
Front yard setback: | 20 feet |
Rear yard setback: | 10 feet |
Interior side yard: | 8 feet |
Exterior side yard: | 15 feet |
Garage door setback: | 20 feet |
(2)
Buildings and structures erected in this zone shall have a height over seventy (70) percent of the horizontal roof area, not exceeding fifteen (15) feet, which no point of the roof extending above eighteen (18) feet in height. In no case shall the building exceed one (1) living story above the approved pad elevation of the building site.
(3)
The buildings shall not exceed twelve (12) feet in height at the minimum rear or side setback lines.
(4)
The maximum building height shall not be allowed within the following distances of the property lines:
Front: | 20 feet |
Rear: | 32 feet |
Interior side: | 26 feet |
Exterior side, corner lot: | 26 feet |
(Ord. 387 § 1, 1996)
§ 21.29.110 Minimum distance between buildings.
The minimum distance between buildings shall be ten (10) feet.
(Ord. 387 § 1, 1996)
§ 21.29.120 Parking.
(a)
Active Retired Community. Two (2) enclosed parking spaces per unit; and one (1) space for every non-residential employee.
(b)
Independent Living Units.
(1)
One and one-half (1.5) parking spaces per unit. Minimum required per unit parking may be within a permanent roofed structure with no more than two (2) enclosed sides. Required parking shall be used or intended to be used exclusively for the parking of one (1) or more automobiles and or golf carts only, not for the storage of boats, trailers, etc.
(2)
One (1) guest space for each five (5) units.
(3)
One (1) space for every non-residential employee.
(c)
Congregate Senior Housing.
(1)
One-half (0.5) parking space per unit. Minimum required per unit parking may be within a permanent roofed structure with no more than two (2) enclosed sides. Required parking shall be used or intended to be used exclusively for the parking of one (1) or more automobiles and or golf carts only, not for the storage of boats, trailers, etc.
(2)
One (1) guest space for every four (4) units.
(3)
One (1) space for every three (3) non-residential employees.
(d)
Multifamily "Cluster Type" Residential Projects. Multifamily "cluster type" residential projects shall be provided with adequate size loading space for standing and for loading and unloading services located and designed as to avoid undue interference with vehicular or pedestrian circulation, or block access to parking. Each required loading space shall be paved with six (6) inches of concrete over a suitable base and shall not be less than ten (10) feet wide, thirty-five (35) feet long and fourteen (14) feet high, exclusive of driveways.
(e)
Reduced Parking Requirement. Projects which, by their design, are intended for age categories significantly older than sixty-two (62) years, may request a reduced parking requirement if it can be demonstrated that less demand will be generated.
(Ord. 387 § 1, 1996; Ord. 734 § 3, 2021)
§ 21.29.130 Private tennis courts.
See Section 21.27.120.
(Ord. 387 § 1, 1996)
§ 21.29.140 Roof mounted equipment.
See Section 21.27.140.
(Ord. 387 § 1, 1996)
§ 21.29.150 Outdoor lighting.
See Section 21.27.13.
(Ord. 387 § 1, 1996)
§ 21.29.160 Structural appendages and projections.
See Section 21.27.110.
(Ord. 387 § 1, 1996)
§ 21.29.170 Accessory structures.
Accessory structure requirements for individual single-family detached lots not a part of a multifamily "cluster type" residential project, shall be in accordance with Section 21.20.100, of the Residential Development Standards, General.
(Ord. 387 § 1, 1996)
§ 21.29.180 Utilities.
(a)
All utilities services shall be installed underground to the buildings.
(b)
All utilities such as gas meters, electrical meters, telephone pedestal-mounted terminal boxes, surface-mounted electrical transformers, fire hydrants or any other potential obstructions shall not be located within the required parking or turning area or driveway.
(c)
All utility meters shall be screened from view from public or private streets.
(Ord. 387 § 1, 1996)
§ 21.29.190 Antennas.
See Section 21.90.060.
(Ord. 387 § 1, 1996)
§ 21.29.200 Modifications for affordable housing.
The City Council may approve a Conditional Use Permit modifying the minimum property development standards in this Section for affordable housing. The proposed modification shall be requested in writing by the applicant, accompanied with necessary documentation which will serve to demonstrate the need for a reduction of development standards.
Modifications to the standards may include but are not limited to the number of required parking spaces, the parking enclosure requirement, and open space. The specific standards(s) from which the applicant is requesting relief shall be identified and alternative development standard(s) proposed.
(Ord. 387 § 1, 1996)
§ 21.29.210 Unit design standards.
(a)
Drawers and Shelves. To assist in reaching, drawers and shelves shall be on gliders or rotating.
(b)
Lever Handles. For easy grip, lever handles shall be used instead of knobs.
(d)
Storage Space. A minimum of one hundred (100) square feet of storage space per unit shall be provided.
(e)
Unit Orientation and Window Location. The living room or living space with the greatest square footage, other than a bedroom, shall have an operable window facing front or rear yard. For easy visibility from a sitting position within the unit, at least one (1) window in the living room shall have a sill no greater than thirty (30) inches from the floor.
(f)
Recreation Rooms. Every senior housing development shall contain at least one (1) recreation room, containing not less than four hundred fifty (450) square feet of floor area.
(g)
Elevators. All dwelling units other than those on the ground floor, shall be served by elevators. At least one (1) of the required elevators shall be of the two thousand five hundred (2,500) pound service type suitable for handling ambulance stretchers. The elevator requirement may be waived by the Planning Commission when stairways are specifically designed and maintained for the elderly and comply with the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and Title 24 of the California Code, of Regulations.
(h)
Ramps. Ramps shall be provided between every change of elevation intended to be used by pedestrians or persons in wheelchairs, other than change of elevation between stories served by elevators.
(i)
Emergency Signal. Every dwelling unit shall be provided with a mechanism that will activate an emergency signal at an approved central location.
(j)
Common Areas. All common areas shall be wheelchair accessible.
(k)
Handicapped Units Required. The number of accessible units as specified in California Code of Regulations, Title 24, Section 1214, shall be the minimum number of handicapped accessible units required for any senior housing residential facility.
(l)
Compliance Required. A condition of issuance of said permit shall be a common ownership of the entire multiple-family unit to be maintained in one (1) person, firm, partnership or corporation, and that a covenant binding said owner, or the heirs, executors or assigns thereof, to the use of said property for such housing of the elderly or handicapped be recorded in the office of the Riverside County Recorder. Said covenant shall be in the form and fashion approved by the City Attorney prior to recordation, and shall run with the land in favor of the City of Indian Wells, and all tenant occupants of said structure, containing therein the agreement and promise of said owner, or the heirs, executors or assigns thereof, that said property will not be used for any purpose other than the housing of the elderly or handicapped.
No one other than those persons defined as elderly or handicapped shall occupy any unit constructed and maintained pursuant to a Conditional Use Permit under this Section, and no person shall permit any person to violate this Section. No persons shall rent or provide any housing for which a Conditional Use Permit has been issued pursuant to this Section to any person who may not lawfully occupy the same in accordance with the provisions of this Section.
(Ord. 387 § 1, 1996)
§ 21.29.220 Open space.
Overall requirement is that a total of one hundred (100) square feet of usable open space shall be provided for each unit.
(a)
Private Open Space. A minimum of fifty (50) square feet of open space directly adjoining the living areas of dwelling units, which is intended for all private enjoyment of the residents of the dwelling unit shall be provided. Private open space shall be defined so that its boundaries are evident. The minimum horizontal dimension of balconies shall be five (5) feet.
(b)
Common Open Space. A minimum of fifty (50) square feet of open space within a single unified development owned, designed, and set aside for all occupants of the development, or by occupants of a designated portion of the development, shall be provided. The minimum horizontal dimension of patios, decks, courtyard areas, and other common space shall be ten (10) feet.
(Ord. 387 § 1, 1996)