Indian Wells City Zoning Code
CHAPTER 21
20 RESIDENTIAL DEVELOPMENT STANDARDS, GENERAL
§ 21.20.010 Property development standards.
The following property development standards shall apply to all residential land uses and structures located thereon in the City except as modified by Chapters 21.22 and 21.27 or uses and/or structures established prior to adoption of this Chapter. Residential land uses and/or structures which were established prior to the adoption of this Chapter shall be governed by the provisions of Section 21.20.190, Legal non-conforming uses.
(Ord. 387 § 1, 1996)
§ 21.20.015 Two-unit projects.
(a)
Purpose. The purpose of this Section is to allow and appropriately regulate two (2) unit projects in accordance with Government Code Section 65852.21.
(b)
Definition. A "two (2) unit project" means the development of two (2) primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this Section.
(c)
Application.
(1)
Only individual property owners may apply for a two (2) unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).
(2)
An application for a two (2) unit project must be submitted on the City's approved Application to Construct form.
(3)
The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.
(4)
Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.
(5)
The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.
(d)
Approval.
(1)
An application for a two (2) unit project is approved or denied ministerially, by the Community Development Director, without discretionary review.
(2)
The ministerial approval of a two (2) unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.
(3)
The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
(4)
The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.
(e)
Requirements. A two (2) unit project must satisfy each of the following requirements:
(1)
Map Act Compliance. The lot must have been legally subdivided.
(2)
Zone. The lot is in a single-family residential zone. For purposes of this Section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.
(3)
Lot Location.
(i)
The lot is not located on a site that is any of the following:
(A)
Prime farmland, farmland of Statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(B)
A wetland.
(C)
A hazardous waste site that has not been cleared for residential use.
(D)
Within a one hundred (100) year flood hazard area, unless the site has either:
(I)
Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
(II)
Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
(E)
Within a regulatory floodway, unless all development on the site has received a no-rise certification from a qualified engineer.
(F)
Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
(G)
Habitat for protected species.
(H)
Land under conservation easement.
(ii)
The purpose of subsection (e)(3)(i) above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)–(K). (See Government Code Section 66411.7(a)(3)(C).)
(iii)
The applicant must provide evidence that the requirements of Government Code Section 65913.4(a)(6)(B)–(K) are satisfied.
(4)
Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by resolution or ordinance as a City or County landmark or as a historic property or district.
(5)
No Impact on Protected Housing. The two (2) unit project must not require or include the demolition or alteration of any of the following types of housing:
(i)
Housing that is income-restricted for households of moderate, low, very low, or extremely low income, as defined by the State Department of Housing and Community Development.
(ii)
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
(iii)
Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060–7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.
(iv)
Housing that has been occupied by a tenant in the last three (3) years. The applicant and the owner of a property for which a two (2) unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
(6)
Unit Standards.
(i)
Quantity.
(ii)
No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, primary or second dwelling units, and units created under Section 21.20.015 of the Zoning Code.
(A)
A lot that is not created by an urban lot split may have a two (2) unit project under this Section, plus any accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) that must be allowed under State law and the City's ordinance.
(iii)
Unit Size.
(A)
The total floor area of each primary dwelling built that is developed under this Section must be:
(I)
Less than or equal to eight hundred (800) square feet, and
(II)
More than five hundred (500) square feet.
(B)
A primary dwelling that was legally established on the lot prior to the two (2) unit project and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two (2) unit project. The unit may not be expanded.
(C)
A primary dwelling that was legally established prior to the two (2) unit project and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after or as part of the two (2) unit project.
(iv)
Height Restrictions.
(A)
On a lot that is larger than two thousand (2,000) square feet, no new primary dwelling unit may exceed a single story or sixteen (16) feet in height, measured from grade to peak of the structure.
(B)
On a lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(C)
No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two (2) unit project.
(v)
Demo Cap. The two (2) unit project may not involve the demolition of more than twenty-five percent (25%) of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three (3) years.
(vi)
Lot Coverage. The two (2) unit project may not exceed a maximum of sixty percent (60%) lot coverage. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.
(vii)
Open Space. The two (2) unit project must include a minimum of forty percent (40%) open space on the lot. This open space standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.
(viii)
Setbacks.
(A)
Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(B)
Exceptions. Notwithstanding subsection (e)(6)(viii) above:
(I)
Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(II)
Eight hundred (800) square feet; four (4) foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.
(C)
Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed under this Section must be at least twenty (20) feet from the front property lines. The front setback area must:
(I)
Be kept free from all structures greater than three (3) feet high within the first ten (10) feet, and five (5) feet high within the second ten (10) feet;
(II)
Be at least fifty percent (50%) landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
(III)
Allow for vehicular and fire-safety access to the front structure.
(ix)
Parking. Each new primary dwelling unit must have at least one (1) covered off-street parking space per unit unless one (1) of the following applies:
(A)
The lot is located within one-half (½) mile walking distance of either:
(I)
A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or
(II)
A site that contains:
a.
An existing rail or bus rapid transit station,
b.
A ferry terminal served by either a bus or rail transit service, or
c.
The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.
(B)
The site is located within one (1) block of a car-share vehicle location.
(x)
Architecture.
(A)
If there is a legal primary dwelling on the lot that was established before the two (2) unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(B)
If there is no legal primary dwelling on the lot before the two (2) unit project, and if two (2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
(C)
All exterior lighting must be limited to down-lights.
(D)
No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(E)
If any portion of a dwelling is less than thirty (30) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(xi)
Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:
(A)
At least one fifteen (15) gallon size plant shall be provided for every five (5) linear feet of exterior wall, not to exceed nine (9) feet in height. Alternatively, at least one twenty-four (24) inch box size plant shall be provided for every ten (10) linear feet of exterior wall, not to exceed nine (9) feet in height.
(B)
Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.
(C)
All landscaping must comply with the City's landscape requirements found in Section 21.60.080(b)(7).
(xii)
Nonconforming Conditions. A two (2) unit project may only be approved if all nonconforming zoning conditions are corrected.
(xiii)
Utilities.
(A)
Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(B)
Each primary dwelling unit on the lot is required to connect to the public sanitary sewer system.
(xiv)
Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this Section is a change of use and subjects the whole of the lot, and all structures, to the City's current Code.
(7)
Separate Conveyance.
(i)
Primary dwelling units on the lot may not be owned or conveyed separately from each other.
(ii)
Condominium airspace divisions and common interest developments are not permitted within the lot.
(iii)
All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(8)
Regulation of Uses.
(i)
Residential-Only. No non-residential use is permitted on the lot.
(ii)
No Short-Term Rentals (STRs). No dwelling unit on the lot may be rented for a period of less than thirty (30) days.
(iii)
Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two (2) unit project must occupy one of the dwellings on the lot as the owner's principal residence and legal domicile.
(9)
Notice of Construction.
(i)
At least thirty (30) business days before starting any construction of a two (2) unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(A)
Notice that construction has been authorized,
(B)
The anticipated start and end dates for construction,
(C)
The hours of construction as permitted under Section 9.06.047,
(D)
Contact information for the project manager (for construction-related complaints).
(ii)
This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.
(10)
Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:
(i)
Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.
(ii)
Expressly prohibits any non-residential use of the lot.
(iii)
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
(iv)
If the lot is not created by an urban lot split: expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.
(v)
States that the property is formed by an urban lot split and is therefore subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development.
(f)
Specific Adverse Impacts.
(1)
Notwithstanding anything else in this Section, the City may deny an application for a two (2) unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(2)
"Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "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 was deemed complete" and does not include: (i) inconsistency with the zoning ordinance or general plan land use designation; or (ii) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
(3)
The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
(g)
Remedies. If a two (2) unit project violates any part of this Code or any other legal requirement:
(1)
The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
(2)
The City may:
(i)
Bring an action to enjoin any attempt to sell, lease, or finance the property.
(ii)
Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(iii)
Pursue criminal prosecution, punishable by imprisonment in County Jail or State prison for up to one (1) year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.
(iv)
Record a notice of violation.
(v)
Withhold any or all future permits and approvals.
(vi)
Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's Code.
(Ord. 735 § 3, 2021; Ord. 738 § 3, 2022)
§ 21.20.020 Lot area.
All residential lots shall comply with the standards of the zone in which the lot is located. (Refer to Chapters 21.22 through 21.27.)
(Ord. 387 § 1, 1996)
§ 21.20.025 Flag lots.
Flag lots are prohibited.
(Ord. 387 § 1, 1996; Ord. 541 § 1, 2003)
§ 21.20.030 Lot dimensions and setbacks.
All lots hereafter created shall comply with the standards of the zone in which the lot is located. (Refer to Chapters 21.14, and 21.22 through 21.27.)
(Ord. 387 § 1, 1996)
§ 21.20.040 Density.
The number of residential units per gross square feet of lot area, calculated on a tract map basis, shall not exceed that permitted in the zone in which the property is located. (Refer to Chapters 21.14, and 21.22 through 21.27.)
A developer may apply to the City to construct affordable housing in any residential zone, concurrent with the application of the Affordable Housing Overlay in accordance with Chapter 21.28. If the developer agrees to construct at least (1) twenty (20) percent of the total units of the proposed housing development for persons and families of low-or moderate-income, as defined in the California Health and Safety Code, or (2) ten (10) percent of the total units of the housing development for very low-income households as defined in the California Health and Safety Code, or (3) fifty (50) percent of the total dwelling units of the housing development for qualifying residents, as defined in the California Civil Code, the City shall grant a density increase of twenty-five (25) percent and one of the concessions or incentives identified in California Government Code Section 65915(h) ; the City may make written findings that the additional concessions or incentives are not required in order to provide for affordable housing costs defined in Section 50052.5 of the Health and Safety Code; or (2) provide other incentives of equivalent financial value based upon the land use per dwelling unit.
Administration of this Section shall be in accordance with Section 65915, Chapter 4.3, California Government Code, as amended from time to time.
(Ord. 387 § 1, 1996)
§ 21.20.050 Detached, attached and zero-setback dwellings.
Dwelling units which are detached from another unit shall be permitted in any residential zone within the City. Dwelling units which are attached to another or which are offset on the legal lot upon which they are built so as to have one (1) or more exterior wall located upon a property line shall be permitted and regulated in accordance with the standards of the zone in which the lot is located. (Refer to Chapters 21.22 through 21.27.)
(Ord. 387 § 1, 1996)
§ 21.20.060 Building height.
Buildings and structures erected within the City shall not exceed the height limits established for the zone in which the building site is located. (Refer to Chapters 21.14 and 21.22 through 21.27.)
(Ord. 387 § 1, 1996)
§ 21.20.070 Dwelling unit size.
(a)
In existing subdivisions, the building area of each new dwelling erected shall be a minimum of two thousand (2,000) square feet, except that on existing subdivided lots of less than seven thousand (7,000) square feet in area, the minimum building area shall be one thousand eight-hundred (1,800) square feet.
(b)
In new subdivisions and in unsubdivided areas, the minimum dwelling unit size shall be in accordance with the zone in which the building site is located. (Refer to Chapters 21.14 and 21.22 through 21.27.)
(Ord. 387 § 1, 1996)
§ 21.20.080 Garages, carports and parking.
A minimum of two (2) on-site parking spaces, a minimum of ten feet by twenty-two feet (10' x 22') clear, each, shall be provided for each dwelling unit constructed within the City. Generally, required on-site parking shall be within a legal garage. Specifically, the use of garages and open-to-the-sky parking shall be in accordance with the standards of the zone in which the lot is located. (Refer to Chapters 21.22 through 21.27.)
(a)
Driveway Width. The width of all residential driveways shall not exceed twenty (20) percent of the front dimension of such lot up to a maximum driveway width of twenty-eight feet (28') excluding wings or returns. The measurement of the driveway width shall be made at the curb line. Driveways over twenty (20) feet in width serving two-car (2) garages are required to provide aesthetic relief for all publicly viewed hardscape as described in Section 12.04.172(c) below.
(1)
Driveways on Lots Less than 100'. Residential lots with a front lot dimension less than one hundred feet (100'), shall be restricted to a maximum driveway width of twenty (20) feet excluding wings or returns. The measurement of the driveway width shall be made at the curb line.
(2)
Circular Driveways. Circular driveways shall be restricted to a maximum of twenty (20) feet for the entire driveway including that portion which intersects the street. The measurement of the driveway width shall be made at the curb line.
(3)
Circular Driveways in Conjunction with Standard Driveways. Combination driveways shall not exceed the prescribed widths for either type of driveway, standard or circular, as outlined within this Section. These prescribed widths do not include the transitional apron used for turning purposes.
(4)
Driveways Serving Three-Car Garages. Driveways serving three (3) car garages for full size passenger vehicles are limited to a maximum width of thirty (30) feet and must include upgraded materials and landscaping as described in Section 21.20.080(c) below. The measurement of the driveway width shall be made at the curb line. All upgrading materials and landscaping shall be shown on the landscape plan and approved by the Planning Director.
(5)
Driveways Serving Four-Car Garages. Driveways serving four (4) car garages for full size passenger vehicles are limited to a maximum width of forty feet (40') and must include upgraded materials and landscaping as described in Section 21.20.080(c) below. The measurement of the driveway width shall be made at the curb line. All upgrading materials and landscaping shall be shown on the landscape plan and approved by the Planning Director.
(6)
Driveways Serving Five-Car Garages. Garage driveways serving five (5) full size passenger vehicles or more are subject to the discretionary approval of the City's Planning Commission.
(7)
When a garage does not face a street directly, it shall have a maximum driveway width of twenty feet (20').
(b)
Additional Driveway Width. Additional driveway width may be granted for driveways over twenty (20) feet in width on lots less than one hundred (100) feet; circular driveways over twenty (20) feet in width and combination driveways, up to a maximum width of twenty-eight (28) feet with the provision of upgraded materials and the use of landscaping as described in Section 21.20.080(c) below.
(c)
Driveway Enhancements. Driveways enhancements including upgraded materials and landscaping are required on all publicly viewed hardscape. Publicly viewed hardscape refers to any and all paving or wall elements visible from a public or private street or golf course.
(1)
Upgraded Materials. Upgraded materials shall include but are not limited to: patterned colored concrete, brick paving, stone paving, exposed aggregate paving, tile paving, landscaping or turf block where appropriate, subject to the Planning Director's approval.
(2)
Landscaping. As applied to this Section, landscaping includes but is not limited to the use of grade level planter areas; trees for garage driveways serving four (4) or more full size passenger vehicles, or turf block where appropriate. Garage driveways serving four (4) or more full size passenger vehicles must include a minimum of five (5) twenty-four (24) inch box trees to be sited in at-grade planter areas at a minimum of two (2) feet by two (2) feet. If turf block is included in this same case and exceeds forty (40) percent of the total driveway area, two (2) of the required five (5) trees may be deleted.
(d)
Open-to-the Sky Parking. In all residential areas (excluding multi-family developments) open-to-the-sky parking areas shall be allowed only on that portion of the parcel where the construction of garages or carports is permitted. When permitted, the parking areas shall be screened from views from adjacent lots, streets (public or private) and golf courses (public and private).
(Ord. 387 § 1, 1996; Ord. 527 § 6, 2003; Ord. 541 § 1, 2003)
§ 21.20.090 Accessory structures.
There shall be no unattached buildings on a residential lot, except:
(a)
Main dwelling unit;
(b)
Garages;
(c)
Second dwelling unit on a lot of at least twenty thousand (20,000) square feet of net area within the property lines;
(d)
Accessory living structures;
(e)
Enclosures for the housing of necessary pool, refrigeration and other such operational equipment; and
(f)
Accessory structures for other than operation equipment covered by subsection (e) of this Section may be constructed when all of the following criteria are met:
(1)
That the unattached building is compatible with the main dwelling structure,
(2)
That any utilities for the unattached building are provided through the main utility meter for the main dwelling,
(3)
That there is no separate, individual street access or frontage for the unattached building, and
(4)
That prior issuance of a certificate of occupancy for such an unattached structure, a deed restriction, in a form approved by the City Attorney, shall be recorded with the Riverside County Recorder's Office restricting the unattached structure's use to only those uses permitted in the zone in which the building site is located.
(Ord. 387 § 1, 1996; Ord. 600 § 1, 2007; Ord. 610 § 1, 2008; Ord. 720 § 5, 2019)
§ 21.20.100 Structural appendages and projections.
Notwithstanding any provisions of this Chapter, structural appendages and projections such as, but not limited to, eaves, cornices, overhangs, canopies, architectural buttresses, wing walls, fireplaces (attached and the like, which do not provide additional floor space, may project into a required yard setback not more than thirty (30) inches, and further projection into the required yard setback shall be approved according to provisions of Chapter 21.06.040 of this Zoning Code.
(Ord. 541 § 1, 2003; Ord. 606 § 1, 2007)
§ 21.20.101 Chimneys (residential).
The maximum allowable height of a chimney is forty-two (42) inches above the maximum allowable height of the building. The maximum allowable height of the chimney shall mean the maximum overall height allowed for the finished chimney, including both the spark arrestor and decorative cap and the Building Code requirements.
(Ord. 600 § 1, 2007)
§ 21.20.110 Condominiums.
Residential developments, planned to allow cluster housing and more usable open space may be permitted and shall be approved by the City Council subject to approval of a conditional use permit in accordance with the provisions of Section 21.06.040. The project shall be developed as an integrated unit conforming to the density and all other property development standards of the zone in which the building site is located, except that lot area, lot dimensions and yards may be modified to allow cluster development, provided that the overall development equals the general quality of development in the Planning Area in which the building site is located. As used in this Section, density is determined by the area within the project boundary. The continued existence and maintenance of all designated open space within the development must be assured over the life of the development by common ownership and maintenance or other acceptable legal means subject to public recordation.
(Ord. 387 § 1, 1996)
§ 21.20.120 Private tennis courts.
Tennis courts may be located on residential lots as follows:
(a)
A minimum five (5) foot setback shall apply from side and rear lot lines, and a minimum ten (10) foot setback shall apply from front lot lines;
(b)
The surface of the court shall be located six (6) feet below the grade of the site;
(c)
The court shall be screened from adjacent residential properties with a wall six (6) feet in height, measured from the site grade, and located between the court and the adjacent residential property. This requirement shall not apply or shall apply only in part if another legal structure on the property which is six (6) feet in height, or higher, is located between the court and adjacent residential property in question.
(d)
Tennis courts owned and operated by a homeowners' association or a community association for the use of its residents may be lighted provided the lighting does not adversely impact adjacent residential properties. Determination as to whether such lighting shall be permitted shall be in accordance with the conditional use permit procedure, Section 21.06.040.
Tennis courts owned by individuals for their own use and the use of their personal guests shall not be lighted.
(Ord. 387 § 1, 1996)
§ 21.20.125 Air conditioning equipment.
Ground-mounted air conditioning equipment shall be located from property lines as shown in the following table and graphical exhibit:
Property Line Location | Distance from Property Line |
|---|---|
Front yard | Not allowed, unless approved by City's ALC |
Corner lots—Side front yard | 11 feet—behind screen walls only |
Interior side | 4 feet |
Rear yard, not adjacent to open space | 4 feet |
Rear yard, adjacent to golf course or open space | Not allowed, unless approved by City's ALC |
 |
(a)
All air conditioning equipment shall be located behind a screen wall in accordance with plans approved by the Architecture and Landscape Committee so as to limit viewing of same from adjacent residences and properties, public ways and golf courses (public or private).
(b)
Existing homes built on lots having less than ninety (90) feet of width that were created prior to September 3, 1972, with a combined side yard setback of twelve (12) feet with no less than five (5) feet on one side were built under reduced side yard setback development standards. Such lots were defined as "small lots." Ground-mounted air conditioning equipment located on such "small lots" may be replaced in existing locations if no alternative location is practical, subject to review and approval of the location and proposed screening of the equipment by the Community Development Director.
(Ord. 596 § 1, 2007; Ord. 610 § 1, 2008)
§ 21.20.130 Private swimming pools and pool lighting.
Private swimming pools shall be permitted on legal residential lots in accordance with the standards listed below:
(a)
The water perimeter of the pool shall be no closer than five (5) feet from any property line.
(b)
Pools adjacent to a golf course or common open space area do not require a setback from the rear property line. If the property is subject to a homeowners' association, the property owner shall obtain approval from the homeowners' association prior to the issuance of a building permit.
(c)
All swimming pool equipment shall be housed in a building, placed in an enclosed structure, or located behind a screen, and obscured from view. All ground-mounted swimming pool and spa equipment shall be located from property lines as shown in the following table and graphical exhibit:
Property Line Location | Distance from Property Line |
|---|---|
Front yard | Allowed if screened pursuant to 21.50.050(a)(2) |
Corner lots—Side front yard | 11 feet—behind screen walls only |
Interior side | 4 feet |
Rear yard, not adjacent to open space | 4 feet |
Rear yard, adjacent to golf course or open space | Not allowed, unless approved by City's ALC |
(d)
Swimming pool equipment vaults shall be located a minimum of two (2) feet from any property line and shall not be located within any utility easement, public or private. The access opening to such a vault shall be located a minimum of five (5) feet from any property line.
(e)
Swimming pool lighting within the pool shall be such as to not adversely impact any neighboring property. Lighting at the surface of the pool and in conjunction with the decking adjacent thereto shall be in accordance with the outdoor lighting standards of Section 21.20.170.
(f)
The swimming pool area shall be enclosed in conformance with local building code regulations.
(g)
Pool slides shall be located a minimum of five (5) feet from the rear and side yard property lines and shall not exceed six (6) feet in height to the top of the pool slide rail or the pool slide rail shall be no higher than the existing property line wall of the side or rear yard, whichever is lower.
(1)
Colors of all pool slides shall be desert tones; colors and materials shall be approved by the applicable homeowners association or the City's Architecture and Landscape Committee.
(2)
A pool slide shall only be allowed in the front yard area if screened from public or private view by a property line wall and approved pursuant to Section 21.06.090, Administrative Relief and the applicable homeowners' association or the Architecture and Landscape Committee.
(3)
A pool slide shall not be allowed in the rear yard setback area along a golf course, fairway, greenbelt or open space area that is not screened by a property line wall.
(Ord. 387 § 1, 1996; Ord. 541 § 1, 2003; Ord. 596 § 2, 2007; Ord. 610 § 1, 2008; Ord. 650 § 4, 2011)
§ 21.20.140 Fire pits, barbeques and fireplaces.
(a)
Fire pits shall be located a minimum of five (5) feet from any property line and a minimum of five (5) feet from any habitable structure.
(b)
Outdoor barbeque heating/cooking surfaces shall be located a minimum of five (5) feet from any habitable structure unless designed to meet the requirements of the Indian Wells Building Code.
(c)
Detached fireplaces a maximum of five (5) feet in height are allowed within the rear, side and front building setback areas of a residential lot, excluding a ten (10) foot setback from the front property line. A detached fireplace within the established building envelope may be constructed to the maximum building height allowable per the applicable land use/zoning district. A detached fireplace located along the rear property line adjacent to a golf course fairway or open space is allowed if approved by the responsible homeowner's association. If the subject property along the golf course fairway is not within an active homeowner's association, the fireplace location and design shall be approved according to the provisions of Section 21.06.090 of this Zoning Code.
(Ord. 541 § 1, 2003; Ord. 573 § 1, 2005; Ord. 606 § 1, 2007; Ord. 632 § 1, 2009; Ord. 720 § 6, 2019)
§ 21.20.145 Water features.
Water features can be located within the rear yard setback if it meets the following requirements:
(a)
The water feature does not exceed the height of the rear yard wall.
(b)
The setback measurement for a pool or spa with an attached water feature shall be measured from the waters edge of the pool or spa and not from the appurtenant water feature.
(c)
If the water feature is located on a golf course fairway or open space, the water feature shall be approved by the Architecture Landscape Committee or the appropriate Homeowner's Association.
(Ord. 606 § 1, 2007; Ord. 610 § 2, 2008)
§ 21.20.150 Wall and fence locations and heights.
The locations and heights of walls and fences shall be in accordance with the standards set forth in Section 21.50.
(Ord. 387 § 1, 1996; Ord. 437 § 2, 1998)
§ 21.20.160 Mailbox locations and design.
A single street-side mailbox shall be provided for each residential dwelling within the City, except that in attached dwelling situations, groupings of boxes may be provided. The location and design of the required mailbox(es) shall be as follows:
(a)
The mailbox shall be of a design approved by the U.S. Postal Service.
(b)
The mailbox shall be located on the address frontage of the property. The box may be located within an area defined by the required side yard setbacks and two (2) lines parallel to the street curb, one being six (6) inches back therefrom and the other being thirty-six (36) inches back therefrom. In all cases, the delivery face of the box shall be no further than six (6) inches back of the street face of the curb.
(c)
The height of the delivery opening of the box shall be in accordance with the standards of the U.S. Postal Service. The overall height of the structure supporting the box, including the box, shall not exceed forty-eight (48) inches and mailboxes shall be a maximum of eighteen (18) inches wide and eighteen (18) inches deep.
(d)
The structure supporting the box shall be constructed in such a manner, and of such materials, as to be in proportion to and aesthetically compatible with the residential character of the neighborhood.
(e)
The structural integrity of the supporting structure shall be such as to preclude structural failure under normal use, but shall not be so substantial as to constitute an abutment or buttress adjacent to the vehicular right-of-way. The structural plans for the supporting structure shall be reviewed by the Building Official to insure compliance with this requirement.
(f)
Notwithstanding the above, groupings of boxes serving a grouping of attached dwelling units may be located back from the curb face area provided they are integrated into the structure of the building(s) in accordance with the regulations of the local U. S. Postal Service office.
(Ord. 387 § 1, 1996)
§ 21.20.170 Outdoor lighting.
All outdoor lighting in residential areas shall be approved in accordance with Chapter 22.12, Lighting Standards.
(Ord. 506 § 1, 2002)
§ 21.20.180 Rain gutters.
Rain gutters, scuppers, and down spouts are permitted on the exterior wall of residential buildings and accessory structures, subject to approval by the homeowner's association in which the building or structure is located, or if none, approval of the Community Development Department. All rain gutters, scuppers, and down spouts shall be architecturally compatible with the building or structure design.
(Ord. 387 § 1, 1996; Ord. 692 § 2, 2015)
§ 21.20.190 Legal non-conforming uses.
All uses and structures relating thereto which were established prior to the adoption of this Chapter and are inconsistent with the development standards contained herein, are legal non-conforming uses. Legal non-conforming uses and/or structures may be continued, modified, added to or rebuilt only after specific review by the City in accordance with Section 21.90.030, Non-conforming Uses and Structures.
(Ord. 387 § 1, 1996)
§ 21.20.200 Access.
Dwelling units shall not prevent access toward arterial roadways, such that direct vehicular access shall not be provided to those roadways other than by means of a local street or common driveway.
(Ord. 387 § 1, 1996)
§ 21.20.210 Antenna.
Antennas subject to compliance with the minimum standards of development delineated in Section 21.90.060.
(Ord. 387 § 1, 1996)
§ 21.20.220 Emergency generators.
An emergency generator having a maximum generation of fifteen thousand (15,000) kilowatts is permitted subject to administrative relief as defined in Municipal Code Section 21.06.090. An emergency generator having the capacity to generate more than fifteen thousand (15,000) kilowatts or which is diesel or gasoline powered shall be conditionally permitted subject to a conditional use permit (CUP) as defined in Section 21.06.040 of the Municipal Code permitted in legal residential lots. All emergency generators shall meet the standards listed below:
(a)
Prior to issuance of a building permit for construction, the applicant shall first obtain clearances from the Building Department, Fire Department and Planning Department.
(b)
The installation shall be subject to review and approval by the applicable homeowner's association, if any. If the unit is visible from public view, the location shall be subject to the review by the City's Architecture and Landscape Committee (ALC).
(c)
The routine testing of an emergency generator shall be limited to those hours between 8:00 a.m. and 5:00 p.m., Monday through Friday.
(d)
Emergency generators shall only be used in times when there are power outages and there is a need for electrical power. A power outage is the loss of the electricity supply to an area in which a facility served by the generator is located. During power outages only, emergency generators having a maximum generation of fifteen thousand (15,000) kilowatts are exempt from Section 9.06.043. Emergency generators that have the capacity to generate more than fifteen thousand (15,000) kilowatts or are natural, hydrogen or propane powered shall comply with Section 9.06.043.
(e)
The installation of any generator within a residential land use zone shall be for emergency use only. All installation shall be connected to a residential structure by way of an auto start stop control module or similar methods approved by the City.
(f)
All electrical/gas connections must be inspected by the Fire Department and City Building Department.
(g)
No emergency generator shall be installed within any building.
(h)
Installations shall meet or exceed the minimum code requirements as set forth in the most current adopted editions of the Uniform Building Code, Uniform Fire Code, National Fire Protection Association and authority having jurisdiction (Fire Marshal).
(i)
Standards:
(1)
The following clearances shall be maintained:
(i)
Five (5) feet from any property line;
(ii)
Fifteen (15) feet from any combustible structure.
(2)
No vegetative growth shall be permitted that could enter interior of vault by growth, extension, failing debris, etc.
(3)
Vaulting and diking shall be provided for such assembly housing generator.
(4)
Fuel tank (construction standards) shall be reviewed and approved by the Fire Marshal.
(j)
Permitted Fuels.
(1)
Diesel Fuels. Day tank installations shall be limited to a single container not to exceed sixty (60) gallon liquid capacity.
(2)
Natural Gas. Installations shall be required to connect to dwelling's existing natural gas line.
(Ord. 483 § 3, 2001; Ord. 626 § 1, 2009; Ord. 632 § 1, 2009)
§ 21.20.230 Roof decks.
(a)
General. This Subsection contains development standards and regulations for roof deck, roof platform, rooftop deck, observation deck and other similar features. Roof deck is the overall term used in this Subsection to describe any usable area or portion of a structure thereof provided on the exterior of a residential dwelling above the finished floor of the dwelling.
(b)
Purpose. The purpose of this Subsection is to prohibit the placement of roof decks and similar features within the City except on selected unique properties as permitted per Section 21.20.230(d). These regulations are intended to protect the health, safety, welfare, and aesthetic quality of Indian Wells and ensure that roof decks and similar features are located, designed and screened in a manner that is compatible with the small scale, resort and residential character of the community.
(c)
Supplemental Definitions. For the purposes of this Subsection "roof deck" or "deck" shall mean roof deck, roof platform, rooftop deck, observation deck and other similar features as determined by the Planning Director.
(d)
Permitted Uses. Roof deck, roof platform, rooftop deck, observation deck and other similar features may be permitted on a single-family dwelling subject to the approval of a Conditional Use Permit (CUP), when the following criteria are met:
(1)
That the lot consists of at least twenty-two thousand (22,000) square feet of net area, i.e., within the property lines.
(2)
That the lot is sufficiently unique in its physical characteristics or other circumstances to warrant special consideration to allow additional usable area provided on the exterior of a residential dwelling above the finished floor of the dwelling.
(3)
That the lot is contiguous to visually prominent open spaces (i.e., golf course fairway, hillside areas, etc.) that are adjacent to the building site.
(4)
That the proposed use (i.e., roof deck) would not adversely impact adjacent or surrounding properties.
(e)
Development Regulations.
(1)
Building Envelope: Roof decks shall be designed and constructed to fit within the confines of the roof building envelope.
(i)
Encroachments into side, rear or front yard building setback shall not be permitted.
(ii)
Objects that rest upon the roof deck such as guardrails, patio furniture, landscaping and storage, shall not be permitted to project above the permitted maximum building height limit.
(iii)
Handrails and guardrails shall not exceed the minimum height required by the California Building Code (CBC).
(f)
Deck Height and Setback Limitations. Deck surface shall not be more than twelve (12) feet above the approved building pad height of the site.
(g)
Architectural Compatibility. The roof deck shall be architecturally compatible with the exterior materials and colors of the existing structure and appear as an integral part of the roof system.
(1)
Roof decks shall not be enclosed or roofed by any means but shall remain open-to-the-sky.
(i)
No visible storage of good or materials and/or personal property (excluding normal patio furniture) shall be allowed on any roof deck for more than twenty-four (24) hours.
(h)
Deck Access. Access to any roof deck shall be provided within the main dwelling and shall be consistent with the buildings internal circulation. Exterior stairway between the ground floor and a roof deck shall be prohibited.
(1)
Two (2) vertical cross-sections through the property (front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within ten (10) feet of the property line shall be submitted in order to determine compliance with this subsection.
(i)
Number of Permitted Decks. No more than one (1) deck level above the finished floor (above the approved building pad height) shall be permitted. However, more than one (1) deck may be permitted.
(j)
Privacy of Adjacent Property. Architectural means to protect the privacy of adjacent property owners.
(1)
View analysis that demonstrates the proposed deck does not interfere with the privacy of adjoining properties shall be submitted in order to determine compliance with this subsection.
(k)
Roof deck area shall be oriented toward public rights-of-way; golf course fairways or other common area open spaces that are adjacent to the building site.
(1)
Deck areas shall not be permitted that are oriented to "look over" contiguous residential properties.
(l)
Other Restrictions. Electrical and/or plumbing outlets shall not be permitted on any roof deck area.
(m)
Balconies, Ramps, Porches. Balconies, including elevated walkways, breezeways, ramps, porches or similar features on the exterior of a residential dwelling shall not be permitted.
(1)
Non-functional (architectural) balconies may be permitted on a case by case review provided the projection is in accordance with the provisions of Section 21.20.100 Structural Appendages and Projections.
(n)
Interior Floors within a Residential Dwelling. An intermediate floor placed within a room (mezzanine, mezzanine floor, loft, deck or any similar feature providing habitable area), above the approved building pad of the site shall not be permitted.
(Ord. 481 2000)
§ 21.20.240 Solar energy systems.
Solar energy systems will be permitted on legal residential lots in accordance with the standards listed below:
(a)
All solar energy systems shall be installed only after administrative approval by the Planning Department and any applicable Homeowners' Association (as outlined in State law) and only after issuance of the necessary building permits and any and all other permits required by the City relating to the plumbing, electrical and mechanical characteristics of the system.
(b)
Design Standards.
(1)
All roof mounted solar collectors, frames, water tanks supports and plumbing shall be screened to the maximum extent possible, and painted a color similar to the color of the roof upon which they are mounted.
(Ord. 533 § 1, 2003; Ord. 606 § 1, 2007)
§ 21.20.250 Alternative energy devices.
An alternative energy device is permitted, subject to administrative relief as defined and provided in Municipal Code Section 21.06.090.
(a)
All alternative energy devices shall meet the standards listed below:
(1)
All alternative energy devices shall be installed (located) within completely enclosed structures only.
(2)
The installation of any new completely enclosed structure for an alternative energy device shall be subject to review and approval by a homeowners association where applicable; if there is no applicable homeowners association, then installation shall be subject to review by the City's Architecture and Landscape Committee (ALC).
(3)
The installation of any alternative energy device within a residential zone shall be permitted solely for the generation of residential energy (heat, electrical). All alternative energy devices shall be connected to a residential structure by way of an auto start stop control module or similar methods approved by the City.
(4)
Fuel tank (construction standards) shall be reviewed and approved by the Fire Marshal.
(b)
All alternative energy systems shall use natural gas. Alternative energy devices shall be required to connect to an existing natural gas line.
(Ord. 639 § 2, 2010)
