If any section of this chapter is in conflict with any other section thereof, or any other city ordinance, then the more stringent requirements shall apply.

All lands, buildings and structures in the city shall be used only as hereinafter provided.

(1)

Private projects.

(a)

No land, building or structure shall be used, constructed, altered or maintained except in conformance with the provisions of this chapter.

(b)

No use that requires a permit or approval of any kind under the provisions of this chapter 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.

(c)

No use that requires a permit or approval of any kind under the provisions of this chapter shall be established or operated in violation of, or contrary to, any of the terms and conditions of the granted permit or approval.

(d)

The term "private project" shall include those projects of local agencies which are subject to city regulation under Government Code Sections 53090 to 53095, and shall also include any project proposed to be established or operated on government lands if the project is not primarily for a governmental purpose unless the government agency involved has exclusive jurisdiction or the field of regulation has been preempted by law.

(2)

Public projects. No federal, state, county or city governmental project shall be subject to the provisions of this chapter, including such projects operated by any combination of 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 chapter.

Any person who seeks a permit or approval of any kind under this chapter, shall comply with the pre-application review procedure described in Chapter 8.35 of this Code to the extent that such procedure is applicable.

Any person who obtains, or files an application to obtain, a permit or approval of any kind under the provisions of this chapter, shall hold the city harmless from any liability or claim of liability, including any claims of the applicant, arising out of the issuance of the permit or approval, or the denial thereof, or arising out of any action by any person seeking to have a granted permit or approval held void by a court of law.

A.

In addition to the requirements of this chapter, all applicants, for a specific plan of land use, conditional use permit, public use permit, site development permit or development plan or certificate of occupancy approval, for a project, as defined in Chapter 8.45, within a special studies zone delineated by the State Geologist pursuant to the Alquist-Priolo Earthquake Fault Zoning Act (Pub. Resources Code Section 2621 et seq.), shall comply with all of the provisions of Chapter 8.45, and no permit or approval subject thereto shall be granted except in accordance with the provisions thereof.

B.

No application subject to the provisions of this section shall be considered as completed for filing, and the time limitations for processing an application shall not begin to run, until all requirements under Chapter 8.45 have been completed.

(Ord. No. 2012-02, § 1, 6-7-2012)

Planned residential developments shall be constructed in accordance with the hereinafter listed requirements. In addition thereto, planned residential developments shall be subject to, and shall comply with, such additional conditions and requirements as are determined to be necessary in approving the development to make it compatible with the community in which it is proposed to be located.

(1)

Map. A subdivision map, prepared substantially in accordance with the conditions of approval thereof and the requirements of this section, shall be recorded pursuant to Title 7.

(2)

Density, open areas and height limitations. Not less than forty (40) percent of the net area of a project shall be used for open area or recreational facilities, or a combination thereof. The net area of a project shall be determined by excluding all streets, drives and automobile storage areas. The total number of dwelling units in a project shall not exceed that which would be permitted if the project were a standard lot development. The height of buildings shall not exceed that which is permitted in the zone in which the project is located. The maximum permitted density and height limits may be reduced if it is determined to be necessary for a planned development to achieve compatibility with the area in which the development is located.

(3)

Yard setbacks. Building setbacks from a project's exterior streets and boundary lines shall be the same as those prescribed by the zone in which the project is located. In no case shall such building setbacks for any project be less than those prescribed in the R-3 Zone. The minimum building setback from interior drives shall be ten (10) feet.

(4)

Streets. Streets, which may be permitted to be private, shall be required in accordance with the provisions of Title 7.

(5)

Residential structures. The number of dwelling units in one (1) building shall not exceed two (2) in the R-1 Zone and all other zones that permit planned residential developments as an R-1 use, or eight (8) dwelling units in one (1) building in the R-2 and R-2-A Zones. The number of dwelling units in a building in the R-3 Zone and all other zones that permit planned residential developments as an R-3 use shall not exceed that permitted by the R-3 Zone development standards. Residential buildings shall have a minimum ground floor living area of one thousand (1,000) square feet and each dwelling unit in a building shall have the minimum floor living area required by Section 9.240.110.

(6)

Recreational buildings. Recreational, public assembly and similar buildings may be permitted within a project if they are intended for the primary use of persons residing within the project and are located so as not to be detrimental to adjacent properties.

(7)

Maintenance of common areas. A community association with the unqualified right to assess the owners of the dwelling units for all maintenance, operational and other costs of the common areas and facilities and the community association shall be established and continuously maintained. The association shall have the right to lien the units of the owners who default in the payment of their assessments. The association's lien shall not be subordinate to any encumbrance other than a deed of trust or mortgage made in good faith and for value which is of record prior to the recordation of the lien of the association. Prior to recordation of the final subdivision map, the developer shall submit for approval the declaration of covenants, conditions and restrictions for the project. The approved declaration shall be recorded at the time of the recording of the final subdivision map.

(8)

Trash areas. Adequate enclosed trash pickup areas, convenient to the residents which they are intended to serve, shall be provided in the project.

(9)

Screening. A six (6) foot high masonry wall shall be constructed on any project boundary line where the adjacent property is zoned for a lower residential density than that zone in which the project is located.

(10)

Walkways. Five (5) foot wide paved pedestrian walkways shall be installed between the dwelling units and the recreational areas of the project.

(11)

Access. Vehicular access openings into a project shall be limited to one (1) for each four hundred (400) feet of public street frontage; however, all projects shall be permitted two (2) access drives regardless of the amount of frontage.

(12)

Parking. Refer to Section 9.240.120.

A.

When it is proposed by an applicant that occupancy of a planned residential development be limited to senior citizens, the application for the land division shall include the statement that the development is proposed to be limited to a senior citizen residential development.

B.

Senior citizen planned residential developments shall be constructed in accordance with all of the development requirements of Section 9.240.060, except as modified herein:

(1)

Design. The overall development shall be designed for ease of use by persons of advanced age. Not less than one (1) accessible route for the handicapped to all on-site facilities shall be provided. Where public facilities exist, such as bus stops, sidewalks and drop-off zones, accessible routes for the handicapped shall be provided.

(2)

Location. Developments shall be located in areas which offer services to the aged, such as transportation, shopping, recreation and nutrition programs.

(3)

Elevators. No building shall be constructed that exceeds one (1) story in height unless it contains elevators for the use of the occupants. Residential buildings which exceed one (1) story shall provide additional elevators if they are needed due to the number of units or project design proposed. Elevators shall be spaced in order to minimize the walking distance from the elevators to the residential units.

(4)

Recreation. Common recreational facilities or buildings designed for senior citizen use shall be provided for the use of the occupants.

(5)

Medical. Medical offices and convalescent facilities, not including hospitals, may be required for the use of the occupants.

(6)

Parking. Refer to Section 9.240.120.

(7)

Handicapped parking. Refer to Section 9.240.120.

(8)

Handicapped units. At least ten (10) percent of the residential units shall be adaptable for the handicapped. Those units shall meet the standards set forth by the Department of Housing and Community Development, Title 24, Part II of the California Administrative Code.

The following provisions shall apply to all nonconforming structures and uses:

(1)

Any nonconforming structure or use may be continued and maintained for the periods of time hereinafter set forth, provided there are no structural alterations except as hereinafter allowed. Agricultural crops are not subject to the provisions of this section; agricultural uses that involve permanent structures are subject to this section, however such uses shall be permitted to make any changes or improvements that are required by any city or state law, including structural alterations that are necessary as a part thereof.

(2)

Verification of nonconforming structure or use. When it is necessary to obtain from the city a written verification of the nonconforming status of a structure or use the following procedure shall apply:

(a)

Application. Every application for a determination of nonconforming use status shall be made in writing to the Community Development Director on the forms provided by the Planning Department, shall be accompanied by the filing fee as set forth in County Ordinance No. 671, and shall include the following information:

(i)

Name, address and phone number of applicant (or representative) and the property owner.

(ii)

Assessor's parcel number of premises involved.

(iii)

A site plan drawn in sufficient detail to clearly describe the following:

a.

Physical dimensions of property.

b.

Location and dimensions of all existing structures.

c.

Setback dimensions.

d.

Location and dimensions of all driveways, parking areas, landscape areas, fences, and walls.

e.

Location and dimensions of all adjacent roadways showing location of street centerline and all existing improvements such as sidewalks, curbs, gutters, or curb cuts.

(iv)

Panoramic photographs showing all sides of the on-site property, and adjacent off-site properties.

(v)

Current zoning (with change of zone case number) and date it was adopted and became effective.

(vi)

Prior zoning designation.

(vii)

Written statement of justification for the nonconforming subject use of the property.

(viii)

Supporting documentation showing that the site has been in continuous use. Documentation may include, but is not limited to, bills of sale, bills of lading, utility bills, property tax records, Board of Equalization records, fictitious business statement, Articles of Incorporation, canceled business checks, sales receipts, rental or lease agreements, or licenses.

(ix)

Such other information as determined necessary by the Planning Department.

(b)

Review and notice of decision. Not less than thirty (30) days from acceptance of an application as complete, the Planning Department shall verify the current zoning and supporting documentation. If the nonconforming use or structure is substantiated, the Planning Department shall complete a "Certificate of Nonconforming Use" which shall include the following information: Assessor's Parcel Number, situs address, nature of nonconforming use, expiration date, and such other information as deemed appropriate. If the subject use or structure is not able to be substantiated the Planning Department shall prepare a letter of denial of the nonconforming use to include the following information: Assessor's parcel number, nature of nonconforming use, and justification for the denial of the request.

(3)

A nonconforming structure or use may be maintained for the following periods of time:

(a)

Where the property is unimproved: One (1) year.

(b)

Where the only improvements are structures, the replacement of which would not require a building permit three (3) years.

(c)

Outdoor advertising: Five (5) years.

(d)

General commercial uses, such as those primarily permitted in C Zones: One (1) year, with the exception of automobile fueling station use: Forty (40) years.

(e)

General manufacturing uses, such as those primarily permitted in M Zones: Forty (40) years.

(f)

Kennels and catteries: Twenty (20) years; provided, however, that the nonconforming right shall be lost upon a transfer of ownership which occurs five (5) years or more after the building or use becomes nonconforming.

(g)

Commercial agricultural operations:

(i)

Dairy farms: Thirty (30) years.

(ii)

Goat, sheep and other small animal farms: Ten (10) years.

(iii)

Hog ranches: Ten (10) years.

(iv)

Horse ranches: Twenty (20) years.

(v)

Menageries: Five (5) years.

(vi)

Pen fed cattle operations: Thirty (30) years.

(vii)

Poultry: Twenty (20) years.

(viii)

Rabbits: Ten (10) years.

(h)

Noncommercial agricultural operations:

(i)

Goats, sheep and other small animals: Three (3) years.

(ii)

Hogs: Three (3) years.

(iii)

Horses and cattle: Three (3) years.

(iv)

Menageries: Three (3) years.

(v)

Poultry: Three (3) years.

(vi)

Rabbits: Three (3) years.

(vii)

Crowing fowl: Eighteen (18) months.

(4)

Extension of amortization period. Whenever a commercial or industrial structure or use has exceeded the time periods specified in Section 9.240.080(3) an extension to a time certain may be granted. The total time allowed for the extension shall not exceed ten (10) years. The following procedure shall apply to all applications for approval of Nonconforming Use Extensions for commercial or industrial uses only.

(a)

Application. Every application for a Nonconforming Use Extension shall be made in writing on the forms provided by the Planning Department, shall be accompanied by the filing fee as set forth in Ordinance No. 671, and shall include the following information:

(i)

Name, address and phone number of applicant, or representative, and the property owner.

(ii)

Assessor's parcel number of premises involved.

(iii)

A site plan drawn in sufficient detail to clearly describe the following:

a.

Physical dimensions of property.

b.

Location and dimensions of all existing structures.

c.

Setback dimensions.

d.

Location and dimensions of all driveways, parking areas, landscape areas, fences, and walls.

e.

Location and dimensions of all adjacent roadways showing location of street centerline and all existing improvements such as sidewalks, curbs, gutters, or curb cuts.

(iv)

Panoramic photographs showing all sides of the on-site property and improvements as well as adjacent off-site properties.

(v)

Current zoning (with change of zone case number) and date it was adopted and became effective.

(vi)

Prior zoning designation.

(vii)

Written statement of justification for continued nonconforming use of the property.

(viii)

Supporting documentation showing that the site has been in continuous use. Documentation may include, but is not limited to: bills of sale, bills of lading, utility bills, property tax records, Board of Equalization records, fictitious business statement, Articles of Incorporation, canceled business checks, sales receipts, rental or lease agreements, or licenses.

(ix)

Such other information as determined necessary by the Planning Department.

(b)

Public hearing. A public hearing shall be held on the application for a Nonconforming Use Extension in accordance with the provisions of Section 9.240.250 and all the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

(c)

Conditions. A Nonconforming Use Extension shall not be granted unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety, or general welfare of the community. Any extension that is granted shall be subject to such conditions as shall be necessary to protect the health, safety, or general welfare of the community.

(5)

Expansion of nonconforming use. The total square footage of an existing nonconforming structure or use, excluding mobilehomes, may be expanded a maximum of twenty-five (25) percent on the same parcel of land from the time the use was deemed nonconforming. Such expansion shall require issuance of a building permit only and shall not extend the period of nonconforming time in which the use must be eliminated.

(6)

Any part of a structure or land occupied by a nonconforming use which is changed to or replaced by a use that conforms to the provisions of this chapter as they apply to the particular zone shall not thereafter be used or occupied by a nonconforming use.

(7)

Any part of a structure or land occupied by a nonconforming use, which use is discontinued for one (1) year or more, shall thereafter be used in conformity with the provisions of this chapter and the nonconforming right shall be lost.

(8)

Any structure for which a permit has been legally issued, and on which substantial construction has been performed on the site before an amendment to the ordinance from which this chapter is derived making the use nonconforming, may nevertheless be continued and completed in accordance with the plans and specifications upon which the permit was issued.

(9)

The provisions of this section shall not prevent the reconstruction, repairing, rebuilding, or replacement and continued use of any nonconforming structure that is damaged by fire, explosion or acts of God; provided, however, any such rebuilding, reconstruction, or repairing shall not extend the period of nonconforming time in which the use must be eliminated.

(10)

Whenever dwelling units in an area are zoned, as part of a senior citizen development, for permanent occupancy only by persons above a minimum age, any person below the minimum age requirement residing in a dwelling unit in the area at the time the zone classification becomes effective is not subject to the age restriction and may continue residency in the dwelling unit for an unlimited period of time. The right to continue such occupancy is not transferable to any other person.

(11)

The provisions of this section apply to structures and uses which become nonconforming by reason of the adoption of this chapter or any amendment thereof, as of the effective date of such adoption or amendment. No use shall be deemed to have become nonconforming by virtue of decreased lot size resulting solely from the acquisition of any portion of the lot for public road or storm or drainage channel purposes or the adoption of any specific plan for such purpose.

(12)

Exceptions for the 2017 General Plan. Concurrently with, or subsequent to, the effective date of City Council Resolution No. 2017-14[A6] adopting the 2017 General Plan, the city shall adopt a change of zone for each property for which the existing zoning classification is not consistent with the land use element or city's official land use map. No pre-existing use of land that was legally established on a legal parcel shall be made nonconforming by such change of zone. Any such pre-existing use that is not listed under the new zoning classification applicable to such property, either as permitted or as permitted subject to a conditional use permit, shall be considered a conforming permitted or conditionally permitted use only with respect to the subject property so affected, and only until such time as the use is:

(a)

Discontinued for longer than one (1) year; or

(b)

Converted to another use that is permitted or conditionally permitted under the new zoning classification or any other subsequent change of zone applicable to the subject property. For purposes of this subsection, the status of a preexisting use as a permitted and conforming use shall attach to the subject property and apply to any tenant, owner or occupant of the subject property for the conduct of the pre-existing use, which pre-existing use shall be certified pursuant to subsection (13) of this section.

(13)

Certification of conformance. Each owner of property occupied by a preexisting use considered to be permitted and conforming pursuant to subsection (12) of this section shall receive a certification from the Planning Department that such pre-existing use is a permitted and conforming use under the new zoning classification adopted for the subject property for consistency with the adopted 2017 General Plan. The certification shall be in a form that will permit recordation by the Assessor-County Clerk-Recorder for Riverside County.

(Ord. No. 2017-09, § 8H., 9-21-2017; Ord. No. 2021-09, § 4, 4-15-2021; Ord. No. 2022-24, § 20, 12-15-2022)

Whenever a division of land is proposed, the total number of lots or density permitted shall be determined pursuant to the Jurupa Valley General Plan, any applicable adopted specific plan and Government Code Section 66474. In any event, no parcel shall be created that is below the minimum size allowed by the zoning classification that has been applied to the parcel of land unless a variance has been granted that allows smaller parcel sizes, or a planned residential development has been approved that allows smaller lot sizes as part of an overall development.

Except in multiple dwelling developments or where otherwise provided in this chapter, every dwelling shall face or front upon a street or permanent means of access to a street, and in no event shall any dwelling face or front upon an alley.

No dwelling shall be constructed unless it has a minimum floor living area of not less than seven hundred and fifty (750) square feet, provided, however, a larger minimum size dwelling may be specifically required in any area of the city by an official zoning plan map pursuant to Section 9.240.380. Porches, garages, patios and similar features, whether attached or detached to a dwelling, shall not be included when calculating the floor living area.

A.

The purpose of this section is to provide sufficient off-street parking and loading spaces for all land uses in the city and to assure 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, promote vehicular and pedestrian safety and efficient land use.

B.

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.

(1)

Parking design standards.

(a)

Approval of off-street parking plan. A site development permit, pursuant to the provisions of Section 9.240.330, shall be filed for approval of all off-street parking facilities, except for one (1) and two (2) family residences, unless the off-street parking facilities are approved as a part of a site development permit, conditional use permit or public use permit approval.

(b)

Number of required parking spaces.

(i)

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 as provided in this chapter.

(ii)

The following tables are designed to allow calculation of parking spaces required for the uses shown, with any fractions rounded up to the nearest whole number:

NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

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.

NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

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.

NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

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.

NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

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.

NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

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.

NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

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.

NOTES: The columns, working left to right, are generally additive unless otherwise indicated.

Unless otherwise specified, all parking must be within three hundred (300) feet of the use served, on the same parcel as the use, or on an adjoining appropriately zoned parcel.

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.

(2)

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 Community Development Director based on the requirement for the most comparable listed use in this chapter.

(3)

Requests for modifications from parking standards. The Community Development Director 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.

(4)

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 Community Development Director under this provision include, but are not limited to, the following:

(i)

Private car pool/van pool operations. Office or industrial developments which guarantee preferred parking spaces to employees who participate regularly in a car or van pool may have their parking requirement reduced by two (2) parking spaces for every one (1) space which is marked for car or van pool at a preferred location.

(ii)

Mass transit. Developments which are located within one hundred and fifty (150) feet of a mass transit facility may have their parking requirement reduced by two (2) percent of the total number of required parking spaces.

(iii)

Planned residential development—Senior citizen. A twenty (20) percent reduction in the total number of required parking spaces may be allowed when an alternative senior citizen transportation program is proposed.

(iv)

Bicycle parking. Developments which provide secured bicycle parking facilities exceeding the minimum requirement may reduce the number of required parking spaces by one (1) vehicle space for every three (3) additional bicycle spaces provided.

(v)

Shared parking requirements. The Community Development Director 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 Community Development Director 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 one hundred and fifty (150) feet of the parking area to be shared.

c.

No more than fifty (50) percent 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 Building and Safety Division.

(vi)

Rubidoux Village Policy Area. For projects within the "Rubidoux Village Policy Area" of the Jurupa Area Plan which are zoned R-VC (Rubidoux-Village Commercial), the Community Development Director may, upon application by the owner or the lessee of any property, having fifty (50) feet or more of street frontage or seven thousand, five hundred (7,500) square footage in building area, authorize shared use of parking facilities under the following conditions:

a.

Individual lots of less than fifty (50) feet in width or seven thousand, five hundred (7,500) square feet in area are exempt from the on-site parking requirement.

b.

Individual lots with areas between seven thousand, five hundred (7,500) and fifteen thousand (15,000) square feet may use street and public parking to meet no more than seventy-five (75) percent of the parking requirement.

c.

Individual lots in excess of fifteen thousand (15,000) square feet may use street and public area parking to meet no more than fifty (50) percent of the parking rhuequirement.

d.

When street parking is used to meet the parking requirement, all regular and handicap stalls on the street within six hundred (600) feet of the boundaries of the project may be counted. This provision applies to parking along Mission Boulevard, as well as the local streets that serve Mission Boulevard.

e.

Parking within public parking lots created as a function of the Jurupa Valley Redevelopment Plan (JVRP) already in existence may also be counted toward the shared parking allowance if located within 600 feet of the boundaries of the parcel in question.

f.

An exemption from the off-street parking requirements is granted for all existing uses and structures undergoing remodeling or improvements that do not propose to alter the existing permitted uses, expand the area devoted to such uses or alter the existing parking arrangement.

g.

Parking area improvement standards: In situations where off-street parking is required, the design of the parking area must respond to the following criteria:

1.

Access to parking areas over public or private sidewalks must be indicated by a change in paving texture.

2.

A landscape buffer of a minimum five (5) feet in width must separate the parking area from a public right-of-way or the building setback line.

(5)

Special review of parking. The Community Development Director may reduce the parking requirement otherwise prescribed for any use or combination of uses as part of the review of a development plan including, but not limited to, a site development permit, a conditional use permit, a public use permit, a surface mining permit, a planned residential development or a specific plan, based on the following conditions:

(a)

The applicant shall submit a request for modification of parking standards, including sufficient evidence and documentation, to demonstrate to the Community Development Director that unusual conditions warrant a parking reduction. Evidence shall include, but is not limited to, the following:

(i)

Information showing that the parking area serves uses having peak parking demands which occur at different times.

(ii)

Floor plans which indicate that the floor area devoted to customer or employee use is less than typical for the size building proposed.

(iii)

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 car or van pool.

(b)

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 are implemented for the duration of the parking reduction.

(6)

Development standards for off-street parking facilities.

(a)

Layout design standards. All parking areas shall be designed as follows:

(i)

Location of parking areas. No parking space shall be located within three (3) feet of any property line. No parking space located on driveways providing direct access to a street shall be located closer than thirty (30) feet from the property line at the right-of-way.

(ii)

Parking space and driveway specifications. The location and dimensions of parking spaces and aisles adjacent to parking spaces shall be arranged in accordance with the following exhibit entitled Jurupa Valley Minimum Parking Standards, and the following tables entitled "Dimensions of Parking Spaces and Aisles" and "Dimensions of Driveways."

DIMENSIONS OF PARKING/STACKING SPACES AND AISLES

NOTES: Parking spaces next to a wall, building, fence or other obstructions shall be three (3) feet wider than the required width as listed above.

Up to twenty (20) percent of the total required parking may be sized for compact cars. Compact car parking spaces shall be clearly marked "COMPACT CARS ONLY." Compact car parking spaces may be reduced (from the dimensions listed in the table) in width by no more than one-half (½) foot, and in length by no more than two (2) feet. When an entire section of the parking area is restricted to compact car parking, and the parking spaces are at a ninety (90) degree angle to the aisle, the aisle width may be reduced to twenty-three (23) feet. Compact car parking sections shall be located so as to minimize the distance between them and the uses to be served.

DIMENSIONS OF DRIVEWAYS

NOTES: All driveways located within a road right-of-way shall be approved according to County Ordinance No. 461 (Road Improvement Standards and Specifications) or as approved by the Public Works Director.

Where parallel parking is allowed, the minimum width shall be increased by eight (8) feet for parking on one side and by sixteen (16) feet for parking on both sides.

Stub streets in excess of one hundred and fifty (150) feet shall have a minimum forty-five (45) foot radius turnaround at the end, or as otherwise approved by the County Fire Department.

(iii)

Surfacing standards for parking areas. The following standards shall apply to the development of all off-street parking facilities, including driveways, whether the space is required or optional.

SURFACING STANDARDS

(iv)

Off-street parking area striping.

a.

If five (5) or more parking spaces are provided, each space shall be clearly marked with white paint or other easily distinguishable material.

b.

If ten (10) 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.

(v)

Drainage. All parking areas, including driveways, shall be graded to prevent ponding and to minimize drainage runoff from entering adjoining properties.

(vi)

Curbs, bumpers, wheel stops or similar devices. 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 two (2) feet from the edge of any required walkway, planter or landscaped area, or from any building.

b.

The innermost two (2) feet of each parking space, between the wheel stop or other barrier, and any required planter or walkway, may either:

1.

Be paved; or,

2.

Be planted with low ground cover.

This additional planting area is considered part of the parking space and may not be counted toward satisfying any landscaping requirement(s).

(vii)

Lighting.

a.

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.

b.

Parking area lighting shall be of an energy-efficient type.

(viii)

Walls. All paved parking areas, other than those required for single-family residential uses, which adjoin property zoned R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, R-5, R-6, R-A, R-R or R-T, shall have a six (6) foot high solid masonry wall provided with an anti-graffiti coating installed to preclude a view of the parking area from such adjoining property. However, any walls within ten (10) feet of any street or alley shall be thirty (30) inches high.

(b)

Loading space requirements.

(i)

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, there shall be provided and maintained adequate loading space for delivery vehicle stacking, and for loading activities. The loading space and delivery vehicle stacking area shall be located and designed so as to avoid undue interference with the public use of streets and alleys.

(ii)

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.

(iii)

The minimum number of loading spaces indicated in the following table shall be provided:

MINIMUM NUMBER OF LOADING SPACES

(c)

Parking for persons with disabilities.

(i)

Parking spaces shall be provided for access by persons with disabilities in accordance with the number indicated by the following table. These numbers are based on the total number of parking spaces required, given the intended use of the site.

TABLE OF NUMBER ACCESSIBLE PARKING SPACES FOR PERSONS
WITH DISABILITIES

NOTES: A higher percentage of accessible parking spaces is required for medical care outpatient facilities as follows:

Ten (10) percent of the total number of parking spaces provided for outpatient facilities.

Twenty (20) percent of total numbers of parking spaces provided for facilities that specialize in treatment or services for persons with mobility impairments.

(ii)

Accessible parking spaces shall be located so as to provide for safety and optimum proximity to curb ramps or other pedestrian ways thereby, providing the most direct access to the primary entrance of the building served by the parking lot.

(iii)

For a single accessible space, the space shall be fourteen (14) feet wide and outlined to provide a nine (9) foot wide parking space and a five (5) foot wide loading/unloading area.

(iv)

For multiple accessible spaces, two (2) spaces shall be provided within a twenty-three (23) foot wide area outlined to provide a five (5) foot wide loading/unloading area between the nine (9) foot wide parking spaces.

(v)

Each loading/unloading area for a van accessible space shall be eight (8) feet wide with a minimum length of eighteen (18) feet.

(vi)

A minimum of one in every eight (8) accessible parking spaces shall be served by an access aisle with a minimum width of eight (8) feet.

a.

The parking space shall be designated van accessible.

b.

All such van accessible parking spaces may be grouped on one level of a parking structure.

(vii)

In each parking space, a wheel stop or curb shall be provided and located to prevent encroachment of cars over the walkways.

(viii)

The parking spaces shall be located so that persons with disabilities are not compelled to wheel or walk behind parked cars other than their own.

(ix)

Pedestrian ways which are accessible for persons with disabilities shall be provided from each such parking space to the related facilities and shall include curb cuts or ramps as needed.

a.

Ramps shall not encroach into any parking space. However, ramps located at the front of accessible parking spaces may encroach into the length of such spaces when the encroachment does not limit the ability of persons with disabilities to leave or enter their vehicles, and when it is determined that compliance with any regulation of this subsection would create an unreasonable hardship.

b.

Parking spaces may be provided which would require persons with disabilities to wheel or walk behind parking spaces that are not designed for accessibility when it is determined that compliance with the accessible parking regulations would create an unreasonable hardship.

(x)

Surface slopes for accessible parking spaces shall be the minimum possible, and shall not exceed one-fourth inch per foot (2.083 percent gradient) in any direction.

(xi)

Each accessible parking space shall be identified by a permanently affixed reflectorized sign displaying the international symbol of accessibility.

a.

The sign shall be posted immediately adjacent to and visible from each accessible parking space;

b.

The sign shall not be smaller than seventy (70) square inches in area and shall be centered at the interior end of the parking space at a minimum height of eighty (80) inches from the bottom of the sign to the parking space finished grade; or,

c.

The sign may be centered on the wall of the interior end of the accessible parking space at a minimum height of three (3) feet from the parking space finished grade or walkway.

(xii)

An additional sign shall be posted in a conspicuous place, at each entrance to the off-street parking facilities. The sign shall not be less than seventeen (17) inches by twenty-two (22) inches in size with lettering not less than one (1) inch in height, which clearly and conspicuously states the following:

"Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed at or by telephoning."

(xiii)

The surface of each accessible parking space shall have a surface identification duplicating the symbol of accessibility in blue paint of at least three (3) square feet in size.

(xiv)

For additional accessible parking and site development standards, reference the California Code of Regulations, Title 24.

(d)

Bicycle parking facilities.

(i)

Bicycle parking facility classifications. Bicycle parking facilities shall be classified as follows:

a.

Class I, an enclosed box with a locking door, typically called a bicycle locker, where a single bicyclist has access to a bicycle storage compartment.

b.

Class II, a stationary bicycle rack designed to secure the frame and both wheels of the bicycle, where the bicyclist supplies only a padlock.

c.

Class III, a stationary bicycle rack, typically a cement slab or vertical metal bar, where the bicyclist supplies a padlock and chain or cable to secure the bicycle to the stationary object.

(ii)

Bicycle parking requirements.

a.

Minimum bicycle parking facilities. The minimum bicycle parking shall be provided as follows:

BICYCLE SPACES FOR BICYCLE PARKING FACILITY CLASS

NOTES: Where the application of 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 fifty (50) percent. Where the application of the above table results in the requirement of fewer than six (6) 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 two (2) foot width and a six (6) foot length per bicycle and a five (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 Community Development Director.

1.

Exemptions from bicycle parking requirements shall be submitted and processed concurrently with the project application.

2.

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.

(7)

Landscaping, general provisions.

(a)

Application requirements. A landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be required for all site development permits, conditional use permits, public use permits, surface mining permits, subdivisions, and any other permit when the Community Development Director deems it necessary.

(i)

The landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be submitted under one application consistent with the provisions of Section 9.240.330.

(ii)

The landscaping plan, landscaping grading plan, irrigation plan and shading plan may be submitted on four (4) separate exhibits or may be combined on one (1) to three (3) exhibits, provided that the information required to be displayed for each plan is legible and clearly discernible.

(iii)

No less than the number of copies as determined by the Community Development Director of the landscaping plan, landscaping grading plan, irrigation plan and shading plan shall be submitted for approval by the Community Development Director.

(iv)

All landscaping shall comply with water-efficient landscaping requirements.

(v)

All plans shall show the following information:

a.

The first sheet of a multiple sheet set shall contain a title block with the name and address of the project, sheet number, and numbers of sheets and a revision block to indicate date and type of revisions.

b.

Each sheet shall show the required technical data, including scale of drawing, North arrow, date drawn, and dates of revisions (if applicable), all property lines and project limits, if other than property limits, all easements, fences, walls, curbs, roads, walks, structures, mounds, swales, manholes, banks, and all plant and landscaping materials, grading, irrigation and other exterior elements proposed. A legend shall also be included for each symbol used.

(b)

Landscaping plan requirements.

(i)

The location of all existing landscaping materials, and where proposed landscaping material is to be placed shall be shown. Existing trees shall be preserved whenever it is practical to do so, and shall be shown on the landscaping plan. Any existing trees to be removed pursuant to Chapter 4.15 shall also be shown on the landscaping plan.

(ii)

The quantities, sizes and locations of all trees, shrubs and ground cover, hydroseed and wildflower mixtures, etc., shall be indicated. Trees shall be a minimum fifteen (15) gallon size. Shrubs shall be a minimum five (5) gallon size; however, the use of smaller plants may be approved for areas where color or growth habits make it suitable.

(iii)

All trees and shrubs shall be drawn to reflect the average specimen size at fifteen (15) years of age. Trees shall be drawn to size as indicated on the shade tree list as provided in the "Riverside County Guide to Trees, Shrubs and Ground Covers".

(iv)

All plants shall be listed by correct botanical name and common name.

(v)

The soil surface of all planters shall be shown planted or covered with suitable material.

(vi)

Lawns shall be indicated by common name of species and method of installation (seeding, hydromulching or sodding).

(vii)

Proposed treatment of all ground surfaces, including paving, turf, and gravel.

(viii)

Planting details and methods of application shall be shown.

(ix)

Complete construction detail referencing (fencing, walls, etc.) shall be indicated.

(c)

Landscaping grading plan requirements. The grading plan shall show the drainage of all planting areas and the heights of mounds. Mounds shall not exceed three to one (3:1) slope, and no mound over thirty (30) inches high shall be placed within ten (10) feet of any street and/or alley intersections.

(d)

Irrigation plan requirements. An irrigation plan shall show the following:

(i)

Locations of all irrigation components, such as sprinkler heads, valves, pipes, backflow prevention devices and water taps, and if applicable, automatic controllers, quick couplers, hose bibs and washer boxes.

(ii)

Proposed radius or diameter of throw (sprinkler coverage) at a stated pressure (PSI) for each sprinkler head.

(iii)

Worst case irrigation system pressure loss calculations.

(iv)

Static water pressure PSI (pounds per square inch), available GPM (gallons per minute), water pressure zone, agency reading locations and source of information for each one.

(v)

City required water budget calculations based on the "Jurupa Valley Guide to Trees, Shrubs and Ground Covers".

(e)

Shading plan requirements.

(i)

Parking area landscaping shall include shade trees from the "Jurupa Valley Guide to Trees, Shrubs and Ground Covers", unless otherwise approved by the Community Development Director, so as to provide for adequate shade canopies within fifteen (15) years of age as follows:

PERCENTAGE OF TOTAL PARKING AREA REQUIRED TO BE SHADED

NOTE: The percentage of parking area required to be shaded shall be based on the number of uncovered parking spaces; driveways and aisles are excluded.

Multi-level parking structures are exempt from shading requirements.

(ii)

Trees shall be a minimum fifteen (15) gallon size at planting.

(iii)

Trees shall be planted and maintained throughout the parking area to ensure that within fifteen (15) years, the percentage of the parking area that is shaded is no less than the minimum amount required by the table entitled "Percentage of Total Parking Area Required to be Shaded". The parking area shading plan shall be developed in compliance with a landscaping plan. Each planting area shall be of adequate size for the landscaping approved and shall have adequate irrigation for that landscaping.

(f)

Landscaping design standards. Landscaping shall be incorporated into the design of all off-street parking areas, including covered and decked, as follows:

(i)

General landscaping provisions.

a.

These provisions apply to:

1.

Landscaping throughout and immediately surrounding parking areas; and,

2.

Additional landscaping as required by a zone classification.

b.

Landscaped areas shall be distributed throughout the entire off-street parking area as evenly as is appropriate in the design of the parking facility.

c.

Nothing in this section shall preclude the installation of additional landscaping and the planting of additional trees so long as such planting is consistent with visibility regulations.

d.

Any open areas in the interior shall be landscaped with appropriate plant materials and maintained in good condition as provided in this chapter.

e.

All landscaped areas shall be designed so that plant materials are protected from vehicle damage, encroachment or overhang.

f.

All trees shall be double-staked and secured with a rubber or plastic strip, or other commercial tie material. Wire ties shall not be used.

g.

No trees shall be planted within ten (10) feet of driveways, alleys and/or street intersections.

h.

All landscaping shall be within planters bounded by a curb at least six (6) inches high.

i.

A six (6) inch high curb with a twelve (12) inch wide concrete walkway shall be constructed along planters on end stalls adjacent to vehicle parking spaces.

j.

In urban areas, all parking areas shall be screened from view along the entire perimeter of the parking lot by the construction of either a three (3) foot high and three (3) foot wide earthen berm, or a three (3) foot wide planter with shrubbery that can be maintained at a height of three (3) feet. When the parking area is adjacent to a public road right-of-way, the berm or planter shall be five (5) feet in width.

k.

In addition to the perimeter landscaping required by this chapter, parking areas of five (5) spaces or more shall be required to provide additional landscaped areas within the parking area. A minimum percentage of the total parking area shall be landscaped as follows:

MINIMUM PERCENTAGE OF TOTAL INTERIOR PARKING AREA
TO BE LANDSCAPED

l.

At the discretion of the appropriate authority, a barrier free, four (4) foot wide paved walkway may be provided through the required planter at street and driveway intersections to provide unencumbered access for persons with disabilities from the sidewalk to the parking lot.

1.

Such a walkway shall be located so as to facilitate the most direct movement of persons using sidewalk curb ramps, if provided.

2.

Bus shelters may be located within this planter if approved by the Community Development Director. Such shelters shall not be placed so as to reduce the number of trees which are otherwise required by this chapter.

(ii)

General planter provisions. Planters containing organic landscaping shall be provided adjacent to and within parking areas. The dimensions of a planter refer only to that which is plantable area.

a.

No planter shall be smaller than twenty-five (25) square feet.

b.

Each planter shall include an irrigation system.

c.

The planter shall include shrubs, hedges, and other natural growth or other features such as berms, designed to form a partial visual screen at least three (3) feet in height, except within ten (10) feet of street and driveway intersections where landscaping shall not be permitted to grow higher than three (3) feet.

d.

A planter at least five (5) feet wide shall be provided adjacent to all public road right-of-ways. Any area within the road right-of-way between the edge of the walkway and outer edge of the right-of-way shall also be developed as a landscaped area in conjunction with the required planter, unless this requirement is waived by the Community Development Director.

e.

A planter at least five (5) feet wide shall be provided adjacent to properties used for residential purposes and/or zoned R-1, R-2, R-2A, R-3, R-3A, R-4, R-6, R-A, R-R or R-T. Within this planter, one screen tree from the "Riverside County Guide to Trees, Shrubs and Ground Covers" shall be planted at an average distance apart of at least every twenty-five (25) feet on center in combination with other plants to provide a dense visual screen.

f.

A planter at least eight (8) feet wide shall be located at least forty-five (45) feet apart for every 150 feet of frontage along a public road right-of-way. Within this planter, trees from the "Riverside County Guide to Trees, Shrubs and Ground Covers" shall be planted no further apart than twenty-five (25) feet on center, and at least five (5) feet, but not further than ten (10) feet, from the back of the walkway.

g.

All planters located adjacent to end parking spaces shall have a six (6) inch high and twelve (12) inch wide concrete walkway.

(iii)

General plant materials provisions.

a.

Existing mature trees on the site shall be preserved whenever it is practical to do so.

b.

All plant materials shall be maintained free from physical damage or injury arising from lack of water, chemical damage, insects, and diseases. Plant materials showing such damage shall be replaced by the same or similar species.

c.

Planting areas shall be kept free from weeds, debris, and undesirable materials which may be detrimental to public safety, drainage, or site appearance.

d.

Drought tolerant species and native species are to be used to the maximum extend possible over non-drought tolerant and non-native species.

1.

The quantity and extent of drought tolerant species shall be dependent on the climatic zone of the project.

2.

Landscaping may include natural features such as rock and stone, non-drought tolerant plants and structural features such as fountains, reflecting pools, art work, screens, wall and fences.

e.

Plant materials shall be grouped together in regards to water and soil requirements. In order to conserve water, alternative types of low volume irrigation concepts may be used, including, but not limited to, drip/trickle, rotary spray, mini-spray, bubbler, and perforated soaker tubing.

(iv)

General irrigation provisions.

a.

An automatic irrigation system for all planted areas shall be required.

1.

The layout of the system should consider meter water pressure, pipe size and length, and type of heads (sprinkler, bubbler or Rainbird).

2.

Hose bibs shall be located in each tree well site as may be considered adequate for irrigation of said trees.

b.

Sprinkler spacing shall not exceed the manufacturer's recommended spacing or, if no spacing is recommended, spacing shall not exceed sixty (60) percent of the diameter of throw (sprinkler coverage).

c.

No sprinklers on risers shall be installed next to walks, streets and/or pavement. Sprinklers in hazardous locations shall be flush mounted on high pop models only.

d.

Backflow prevention devices for sprinklers shall comply with the latest edition of the California Plumbing Code as adopted by the city.

(g)

Requests for modifications from landscaping standards. The Community Development Director may, without notice or hearing, permit modifications to the landscaping requirements where topographic or other physical conditions make it impractical to require strict compliance with these requirements.

(h)

Enforcement of landscaping design standards.

(i)

Prior to the issuance of a final building occupancy certificate, all required landscape planting and irrigation shall have been installed and be in a condition acceptable to the Community Development Director.

a.

The plants shall be healthy and free of weeds, disease or pests.

b.

The irrigation system shall be properly constructed and in good working order.

(ii)

Prior to the issuance of a building permit, performance securities-in an amount to be determined by the Building and Safety Director shall be filed with said director, so as to guarantee:

a.

The installation of plantings, walls, and fences in accordance with the approved landscaping plan when the total uncovered parking area on the property, including adjoining parcels over which the property has a shared parking agreement, and/or any other parking agreement exceeds three thousand, six hundred (3,600) square feet; and,

b.

The adequate maintenance of the planting for one (1) year.

(iii)

The Building and Safety Director shall be authorized to execute, on behalf of the city, the required agreements and bonds and those forms and terms approved by the City Council. Acceptable forms of security shall be limited to the following:

a.

A bond from a duly authorized corporate surety;

b.

A deposit of cash with the city;

c.

An irrevocable instrument of credit from a regulated financial institution; or,

d.

An irrevocable letter of credit issued by a regulated financial institution, provided that a cash bond is required to guarantee the installation of plantings, walls and fences when the estimated cost is equal to or less than the cost determined by the Building and Safety Division. The remaining performance surety shall be released one year after installation is approved, provided that the planting has been adequately maintained.

(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2021-09, § 4, 4-15-2021; Ord. No. 2021-19, § 4, 10-7-2021; Ord. No. 2022-20, § 5, 11-3-2022; Ord. No. 2022-24, § 21, 12-15-2022)

Where a lot is divided into separate ownerships and the area of either portion is such that the number and location of the buildings thereon no longer conform to the lot area requirements of the particular zone, then in the determination of the permissible number and location of any buildings on either portion of the lot, both parts shall be considered as one parcel only.

No required yard or other open space around an existing building, or any building hereafter erected, shall be considered as providing a yard or open space for any other building on an adjoining lot or building site, except in the case of zero lot line residential projects pursuant to an overall development.

Where a building for dwelling purposes is erected on a lot in a zone other than the zone in which such building for dwelling purposes is first ordinarily or primarily permitted by this chapter, such lot shall be subject to the same requirements for yards, minimum lot area and percentage of lot coverage as are specified in this chapter for a lot in the zone in which such building for dwelling purposes is first ordinarily or primarily permitted. This general provision shall prevail over any specific setback stated in the C-1/C-P, M-SC, A-1, A-2 Zones.

The express enumeration of permitted uses in all districts shall be construed to include accessory uses. Residential accessory buildings shall be subject to the requirements of Section 9.240.170.

(Ord. No. 2023-13, § 10, 8-17-2023)

A.

Intent. The following provisions establish minimum development requirements for the erection of detached or attached residential accessory buildings in the city. These requirements are intended to provide for the appropriate construction of detached and attached residential accessory buildings, enhance the aesthetic appearance of the community, preserve property values and protect the public health, safety and welfare.

B.

Applicability. For purposes of this section, the development standards herein shall apply to residential accessory buildings such as garages, carports, storage sheds, pool houses, horse stalls, recreation rooms, etc., which are incidental or subordinate to the principal single-family dwelling or use.

C.

Permit requirement.

(1)

Where the principal use of a lot is a one (1) family dwelling, the approval of a site development permit pursuant to Section 9.240.330 shall be required for a detached accessory building when one (1) of the following apply:

(a)

For lots less than an acre, a detached accessory building with a floor area of more than eight hundred (800) square feet; or

(b)

For lots greater than one (1) acre, a detached accessory building greater than one thousand two hundred (1,200) square feet.

(c)

For all lots with an existing accessory building with a floor area of two hundred and forty (240) square feet or more in area.

D.

Detached accessory building development standards. Where the principal use of a lot is a one (1) family dwelling, a detached accessory building shall be permitted subject to the following requirements. These requirements are in addition to the development standards of the applicable zone.

(1)

Accessory buildings are only allowed if at least one (1) family dwelling exists.

(2)

For lots greater than one hundred and fifty (150) feet in depth, a detached accessory building shall be located a minimum of seventy-five (75) feet from the front property line.

(3)

For lots one hundred and fifty (150) feet in depth or less, a detached accessory building shall be located in the rear one half (½) of the lot.

(4)

For a corner lot abutting two streets, the minimum setback shall be ten (10) feet for the street side yard setback.

(5)

For through lots, no detached accessory building shall encroach upon the required front and rear yard setback on either street (refer to Section 9.240.200).

(6)

A detached accessory building shall be a minimum of ten (10) feet from another accessory building on the same lot.

(7)

For lots two (2) acres or less, a detached accessory building shall have a minimum five (5) foot side yard setback and a minimum ten (10) foot rear yard setback, however, where the zone requires a greater side or rear setback, that setback shall apply.

(8)

For lots greater than two (2) acres, a detached accessory building shall have a minimum ten (10) foot side and rear yard setback, however, where the zone requires a greater side or rear setback, that setback shall apply.

(9)

The height limit for a detached accessory building on any lot shall be twenty (20) feet for lots two (2) acres or smaller and thirty (30) feet for lots larger than two (2) acres.

(10)

Detached accessory building(s) may occupy a maximum of twenty-five (25) percent of the area of the rear one half (½) of the lot.

(11)

For detached accessory buildings larger than one hundred and twenty (120) square feet, exterior wall and roof finishes shall be architecturally compatible with the primary structure; structures related to farming or farm animals may use a farmhouse or other similar architectural style with approval of the Community Development Director or his or her designee.

(12)

No detached accessory building shall:

(a)

Include kitchen (excluding outdoor kitchens and barbeque patios).

(b)

Be rented or leased unless the one (1) family dwelling on the lot is also being rented or lease by the same renter or lessee.

(c)

Be used for overnight accommodations.

(d)

Be constructed with bare metal (metal buildings without paint or exterior architectural coatings or treatments); bare metal buildings are prohibited.

(13)

Ground mounted solar energy systems.

(a)

Ground or pole-mounted solar energy systems shall not exceed twenty (20) feet in height when oriented at maximum tilt.

(b)

Setback—Solar energy systems must meet the accessory building setback for the zoning district and principal land use associated with the lot on which the system is located, as allowed below.

(c)

At the discretion of the Community Development Director, height or setbacks may be reduced to make reasonable placement of ground mounted solar panels on a site.

(14)

Accessory buildings attached to an accessory dwelling unit (ADU) shall be required to conform to accessory building standards, not accessory dwelling unit (ADU) standards.

(15)

Any detached accessory building shall have the same lot access as the one (1) family dwelling on the lot. An exception may be granted for a detached garage or carport to allow separate driveway access to the street with the approval of a waiver. A wavier for a residential secondary driveway access may be approved, as set forth in Section 9.240.70 C.(16) below if all of the following requirements are met:

(a)

The purpose of the secondary access is to provide access to a detached garage or carport.

(b)

The number of street access points does not exceed a maximum of two (2) street accesses per lot.

(c)

The street side where the curb cut for the secondary access is taken shall have a minimum of fifty (50) feet of street frontage.

(d)

The curb cut shall be a minimum of twenty (20) feet from a street corner.

(e)

The secondary access point shall have an adequate line of sight as determined by the city Engineer or his or her designee.

(16)

The waiver application for a residential secondary driveway access shall comply with Section 9.240.170 and be processed as follows:

(a)

Waiver application. Applications shall be made to the Community Development Department on forms provided by the Planning Division. The applicant shall supply all required information, and shall be accompanied by the filing fee set forth in Chapter 3.65.

(b)

Processing waiver application.

(i)

Appoving body. The Community Development Director is the approving body for the residential secondary driveway access waiver.

(ii)

Approval of waiver. The approval of the waiver application shall become effective ten (10) days after the Community Development Director's decision if no appeal is filed. The approval of the waiver application shall become null and void two (2) years after the approval date.

(iii)

Appeal of waiver. The applicant or any interested person may appeal any final decision of the Community Development Director to grant an application for a residential secondary driveway access waiver. All appeals must be filed within ten (10) days after the Community Development Director has issued a decision, must be in writing on the forms provided by the Planning Division, and must be accompanied by a filing fee set forth in Chapter 3.65. Upon receipt of a completed appeal application, the Community Development Director shall set the matter for public hearing not less than ten (10) days nor more than thirty-five (35) days thereafter and shall give written notice of the hearing to the appellant, the applicants, the Planning Commission and all persons and organizations who have filed an annual written request to be notified of any appeals. All appeals shall be heard by the Planning Commission. The Planning Commission shall render its decision within thirty-five (35) days following the close of the hearing on the appeal.

(iv)

Director referral to Planning Commission. The Community Development Director may refer a review of a residential secondary driveway access waiver application to the Planning Commission for a public hearing.

E.

Attached accessory building development standards. Where the principal use of a lot is a one (1) family dwelling, an attached accessory building(s) shall be permitted subject to the following requirements.

(1)

Attached accessory buildings shall be attached to the principal structure and adhere to the development standards required for the principal structure in the applicable zone.

(2)

Attached accessory building shall have a smaller square footage than the principal structure.

(3)

Attached accessory buildings shall follow the same review procedures as the principal structure of the underlying zone.

(4)

No attached accessory building shall:

(a)

Include kitchen (excluding outdoor kitchens and barbeques).

(b)

Be rented or leased unless the one (1) family dwelling on the lot is also being rented or leased by the same renter or lessee.

(c)

Be used for overnight accommodations.

F.

Exceptions. This section shall not apply in the A-P, A-2 or A-D zones.

G.

Guest quarters. Guest quarters is a prohibited accessory building use.

(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2012-03, § 1, 6-7-2012; Ord. No. 2018-08, §§ 4, 5, 9-6-2018; Ord. No. 2021-03, § 11, 2-4-2021; Ord. No. 2023-13, § 11, 8-17-2023)

Editor's note— Ord. No. 2023-13, § 11, adopted Aug. 17, 2023, set out provisions intended for use as § 9.240.290, however, said provisions have been redesignated as § 9.240.170, at the editor's discretion due to the nature of the amended text.

Where yards are required by this chapter, they shall be open and unobstructed from the ground to the sky and kept free of all structural encroachments, except as follows:

(1)

Outside stairways or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance of not to exceed three (3) feet and/or into the required rear yard a distance of not to exceed five (5) feet.

(2)

Cornices, canopies, and other similar architectural features not providing additional floor space within the building may extend into a required yard not to exceed one (1) foot. Eaves may extend three (3) feet into a required yard. One (1) pergola or one (1) covered but unenclosed passenger landing may extend into either side yard, provided it does not reduce the side yard below five (5) feet and its depth does not exceed twenty (20) feet.

(3)

Fences are not structural encroachments and are allowed in a front, side, or rear setback area unless restricted within a specific zoning or specific plan development standards.

(Ord. No. 2023-13, § 31, 8-17-2023)

A.

Public or semipublic buildings in the R-1 and R-2 Zones may be erected to a height not exceeding four (4) stories or sixty (60) feet when the required yards are increased by an additional two (2) feet for each foot by which the height exceeds thirty-five (35) feet.

B.

Structures necessary for the maintenance and operation of a building and flagpoles, wireless masts, chimneys or similar structures may exceed the prescribed height limits where such structures do not provide additional floor space.

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.

Any lot shown upon an official subdivision map or record of survey map duly approved and recorded or any lot for which a bona fide deed has been used as a building site, provided the required yard setbacks are maintained.

Whenever any section of this chapter requires a determination as to the maturity of animals, the following periods of time shall be used to establish the age of maturity: Classification Age of Maturity:

(1)

Birds and poultry: Six (6) months.

(2)

Cattle: Eighteen (18) months.

(3)

Crowing fowl: Two (2) months.

(4)

Goats: Nine (9) months.

(5)

Horses: Twenty-four (24) months.

(6)

Pigs: Eight (8) months.

(7)

Sheep: Nine (9) months.

(8)

Other small farm animals: Six (6) months.

Water works facilities, both public and private, intended primarily for the production and distribution of water for irrigation purposes, shall not be subject to any of the provisions of this chapter.

Swimming pools may be constructed as follows:

(1)

Private swimming pools for the use of the occupants of the premises and their nonpaying guests shall be located not nearer than five (5) feet to any property line or dwelling;

(2)

All other swimming pools shall be located not nearer than ten (10) feet from any property line or building;

(3)

A swimming pool may be constructed contrary to subsection (1) of this section when it lies partially within and partially without a dwelling which conforms with all other provisions of this chapter.

The following procedures shall apply to applications for any permit or variance described herein unless otherwise specified.

(1)

Applications. Permit applications shall be filed with the Community Development Director, accompanied by the fees as set forth in County Ordinance No. 671, in accordance with the provisions of this chapter for the type of permit requested.

(2)

Setting hearing. A public hearing upon an application shall be set before the appropriate hearing body when:

(a)

The Community Development Director has determined that the application complies with all chapter requirements; and

(b)

All procedures required by Jurupa Valley Rules Implementing the California Environmental Quality Act to hear a matter have been completed.

(3)

Notice of hearing. Notice of time, date and place of the hearing, the identity of the hearing body and a general description of the location of the real property, which is the subject of the hearing, shall be given at least ten (10) days prior to the hearing by all of the following procedures:

(a)

Publication once in a newspaper of general circulation in the city.

(b)

Mailing or delivering to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

(c)

Mailing or delivering to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project whose ability to provide those facilities and services may be significantly affected.

(d)

Mailing or delivering to all owners of real property which is located within three hundred (300) feet of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll and any update.

(e)

Mailing by first class mail to any person who has filed a written request with the Planning Department and has provided the Department with a self-addressed stamped envelope for that purpose.

(f)

If the number of owners to whom notice would be mailed or delivered pursuant to subsection (3)(b) or (c) of this section is greater than one thousand (1,000), in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth (⅛) page in at least one newspaper of general circulation at least ten (10) days prior to hearing.

(g)

The Community Development Director may require that additional notice of the hearing be given in any other manner he deems necessary or desirable.

(4)

Administration of oaths. The Chairman may require that witnesses be sworn.

(5)

Hearing and notice of decision. The hearing body shall hear relevant testimony from interested persons and make its decision within a reasonable time after the close of the public hearing. Notice of the decision shall be filed by the Community Development Director with the city Clerk, together with a report of the proceedings, not more than ten (10) days after the decision. A copy of the notice of decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. If the hearing body is unable to make a decision, that fact shall be filed with the city Clerk in the same manner for reporting decisions and shall be considered as a notice of denial of the application by the hearing body.

(6)

Appeal procedures. For any decision where the hearing body is the Planning Commission and it has rendered a final decision rather than a recommendation to the City Council, an appeal of that decision shall be filed and processed pursuant to the provisions of Section 9.05.100 and subject to the provisions of Section 9.05.110.

(7)

Intentionally deleted.

(8)

Transcripts.

(a)

Whenever any person desires to obtain a transcript of the oral proceedings of a public hearing before the City Council or Planning Commission, or desires to have a record made of such proceedings, he shall, not less than seven (7) days before the hearing, notify in writing the city Clerk, if the hearing is before the City Council, or the Secretary of the Planning Commission if the hearing is before the Planning Commission. The written request shall be accompanied by a deposit of a sum equal to one day's fee for a Court Reporter. The Clerk or Secretary shall thereupon arrange to have a Court Reporter present at the hearing. If the hearing is thereafter continued to another day, a like request, deposit an arrangement for a Court Report shall be made, if the record is desired. Such a person may directly arrange for attendance and payment of a Court Reported instead of making such arrangements through the Clerk of Secretary by the person desiring the same.

(b)

Whenever any person desires to obtain a Clerk's transcript of the documents involved in a proceeding before the City Council, or the Planning Commission, he shall make a written request to the city Clerk, if the matter is before the City Council or to the Secretary of the Planning Commission, if the matter is before the Planning Commission. The Clerk or Secretary shall determine the number of pages involved and require payment in advance for the transcript at the current rate.

(Ord. No. 2013-03, § 2, 5-16-2013; Ord. No. 2019-05, § 5, 2-21-2019; Ord. No. 2021-09, § 4, 4-15-2021)

The following procedures shall apply to applications for any permit or approval included in a fast track project as defined in Section 9.10.590.

(1)

Authority of City Council. Notwithstanding any other provision of this chapter or of Title 7, the City Council hereby deems it appropriate and necessary to reserve to itself the functions of the Planning Agency with respect to hearing any permit or approval included in a fast track project. The City Council shall have exclusive authority to hear, approve, conditionally approve or disapprove any permit or approval included in a fast track project. Notwithstanding any other provision of this chapter or of Title 7, no hearing before the Planning Commission or the Community Development Director shall be required with respect to any permit or approval included in a fast track project.

(2)

Applications. The application for each permit or approval included in a fast track project shall be filed with the Community Development Director, shall include all information required by the applicable ordinance for the type of permit or approval, and shall be accompanied by the fees set forth in County Ordinance No. 671 for the type of permit or approval.

(3)

Initiation of General Plan amendment proceedings. Whenever a fast track project includes an application for a General Plan amendment, the Community Development Director shall process the General Plan amendment application in accordance with all of the applicable procedures for the initiation of General Plan amendment proceedings set forth in Chapter 9.30.

(4)

Setting for hearing. Unless otherwise ordered by the City Council, the applications for all permits and approvals included in a fast track project shall be heard concurrently in a single consolidated hearing before the City Council. The Community Development Director shall set for hearing the applications for all permits and approvals included in a fast track project when he has determined that all such applications comply with all chapter requirements.

(5)

Notice of hearing. The City Council shall hold a public hearing on all applications for permits and approvals included in the fast track project. Notice of the hearing shall be given as provided in Sections 9.05.040 and 9.05.050.

(6)

Administration of oaths. The Mayor may require that witnesses at the public hearing be sworn.

(7)

Hearing and decision. The City Council shall hear relevant testimony from all interested persons and make its decision within a reasonable time after the close of the public hearing. The City Council may approve, conditionally approve or disapprove each application for a permit or approval included in the fast track project. The decision with respect to each application for a permit or approval included in the fast track project shall be in the form required by ordinance for that type of permit or approval. The City Council decision shall be made by resolution and requires the affirmative vote of three (3) members of the City Council. In the event of a tie vote or a vote of less than three (3) members of the City Council, the application shall be automatically referred to the Planning Commission and shall be processed as a regular application. Within ten (10) business days of the decision, the city Clerk shall prepare and transmit notice of the decision to the Community Development Director, the applicant, and any person who has submitted a written request for notice of the decision.

(8)

Transcripts.

(a)

Whenever any person desires to obtain a transcript of the oral proceedings of a public hearing before the City Council or desires to have a record made of such proceedings, he shall, not less than seven (7) days before the hearing, notify in writing the city Clerk. The written request shall be accompanied by a deposit of a sum equal to one day's fee for a court reporter. The Clerk shall thereupon arrange to have a court reporter present at the hearing. If the hearing is thereafter continued to another day, a like request, deposit and arrangement for a court reporter shall be made, if the record is desired. Alternatively, any person may directly arrange for attendance and payment of a court reporter instead of making such arrangements through the Clerk.

(b)

Whenever any person desires to obtain a transcript of the documents involved in a proceeding before the City Council, he shall make a written request to the city Clerk. The Clerk shall determine the number of pages involved and require payment in advance for the transcript at the current rate.

(Ord. No. 2019-05, § 6, 2-21-2019; Ord. No. 2021-09, § 4, 4-15-2021)

A.

Basis for variance.

(1)

Variances from the terms of this chapter may be granted when, because of special circumstances applicable to a parcel of property, including size, shape, topography, location or surroundings, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity that is under the same zoning classification.

(2)

A variance shall not be granted for a parcel of property which authorizes a use or activity that is not otherwise expressly authorized by the zone regulation governing the parcel of property, but shall be limited to modifications of property development standards, such as lot size, lot coverage, yards, and parking and landscape requirements.

B.

Application. Application for a variance shall be made in writing to the Community Development Director on the forms provided by the Planning Department and shall be accompanied by the fees set forth in County Ordinance No. 671. If the use for which the variance is sought also requires approval of a conditional or public use permit pursuant to the land division ordinance, the two (2) applications shall be filed concurrently.

(1)

Applications for a variance that do not require an approval of a conditional or public use permit or land division ordinance approval shall supply the following information:

(a)

Name and address of the applicant.

(b)

Evidence of ownership of the premises or written permission of the owner to make the application.

(c)

A statement of the specific provisions of the ordinance for which the variance is requested and the variance that is requested.

(d)

A plot and development plan drawn in sufficient detail to clearly describe the following:

(i)

Physical dimensions of property and structures.

(ii)

Location of existing and proposed structures.

(iii)

Setbacks.

(iv)

Methods of circulation.

(v)

Ingress and egress.

(vi)

Utilization of property under the requested permit.

(e)

Such additional information as shall be required by the application form.

(2)

Applications for a variance that also require approval of a permit or land division, shall be accepted for filing only if the principal application is accepted, and shall set for the specific provisions of the ordinance for which the variance is being requested.

(3)

If the application for a variance is in connection with a land division pursuant to the land division ordinance, the application shall be construed to be a waiver of any shorter time limitations on processing both a variance and a land division; including time limitations on appeals of either application, so that both applications are processed in the public hearing held under Section 9.240.250 as one (1) unit to final decision.

C.

Public hearing. A public hearing shall be held on all variance applications in accordance with the provisions of Section 9.240.250, and all the procedural requirements and rights of appeal as set forth therein shall govern the hearing. All public hearings on variances which require approval of a permit or land division shall be heard by the hearing body which has jurisdiction of the principal application. All public hearings on variances which do not require approval of a permit or land division shall be heard by the Planning Commission.

D.

Conditions. Any variance granted shall be subject to such conditions as are necessary so that the adjustment does not constitute a grant of special privileges that is inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated, and which are necessary to protect the health, safety and general welfare of the community.

E.

Use of variance. Any variance that is granted shall be used within one (1) year from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of three (3) years, except that a variance in connection with a land division may be used during the same period of time that the land division approval may be used; otherwise the variance shall be null and void. Notwithstanding the foregoing, if a variance is required to be used within less than three (3) years, the permittee may, prior to its expiration, request an extension of time in which to use the variance. A request for extension of time shall be made to the City Council, on forms provided by the Planning Department and shall be filed with the Community Development Director, accompanied by a fee as set forth in County Ordinance No. 671. Within thirty (30) days following the filing of a request for an extension, the Community Development Director shall review the application, make a recommendation thereon, and forward the matter to the city Clerk, who shall place the matter on the regular agenda of the City Council. An extension of time may be granted by the City Council upon a determination that valid reason exists for permittee not using the variance within the required period of time. If an extension is granted, the total time allowed for use of the variance shall not exceed a period of three (3) years, calculated from the effective date of the issuance of the variance. The term "use" shall mean the beginning of substantial construction for which the variance has been granted, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized variance, or the recording of the final or parcel map in connection with an approved land division. The effective date of a variance shall be determined pursuant to Section 9.240.250.

F.

Revocation of variance. Any variance granted may be revoked upon the findings and procedure contained in Section 9.240.340.

(Ord. No. 2021-09, § 4, 4-15-2021)

Except as otherwise provided in subsection (7) of this section, whenever any section of this chapter requires that a conditional use permit be granted prior to the establishment of a use, the following provisions shall take effect:

(1)

Application. Every application for a conditional use permit shall be made in writing to the Community Development Director on the forms provided by the Planning Department, shall be accompanied by the filing fee as set forth in County Ordinance No. 671 and shall include the following information:

(a)

Name and address of the applicant.

(b)

Evidence that he is the owner of the premises involved or that he has written permission of the owner to make such application.

(c)

A plot and development plan drawn in sufficient detail to clearly describe the following:

(i)

Physical dimensions of property and structures.

(ii)

Location of existing and proposed structures.

(iii)

Setbacks.

(iv)

Methods of circulation.

(v)

Ingress and egress.

(vi)

Utilization of property under the requested permit.

(d)

Such additional information as shall be required by the application form.

(e)

Dimensioned elevations, including details of proposed materials for elevations.

(2)

Additional information. When the application is for a conditional use permit to establish a mobilehome park, travel trailer park or recreational trailer park, the following additional information is required as part of the application:

(a)

A written statement from the Riverside County of Department Environmental Health stating that a water company has agreed in writing to serve all spaces within the park or that the applicant has an acceptable application for a water company permit on file with the State Department of Public Health or the Riverside County Department of Environmental Health, or the applicant has agreed in writing to form a domestic water company to serve the mobilehome park, travel trailer park or recreational park.

(b)

A written statement from the Director of the Riverside County Department of Environmental Health stating the type of sewage disposal that will be permitted. To aid in this determination, the Health Officer may require soil percolation tests or other pertinent information.

(3)

Public hearing. A public hearing shall be held on the application for a conditional use permit in accordance with the provisions of either Section 9.240.250 or 9.240.260, whichever is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing. The hearing body in Section 9.240.250 shall be defined as the Planning Commission of the city of Jurupa Valley. Notwithstanding the above, or any other provision herein to the contrary, the hearing on any conditional use permit that requires approval of a General Plan amendment, a specific plan amendment or a change of zone shall be heard in accordance with the provisions of Section 9.30.050, 9.30.060 or 9.285.040, whichever, is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

(4)

Conditions. A conditional use permit shall not be granted unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety or general welfare of the community. Any permit that is granted shall be subject to such conditions as shall be necessary to protect the health, safety or general welfare of the community.

(5)

Use of permit. Any conditional use permit that is granted shall be used within one year from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of three (3) years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than three (3) years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the City Council, on forms provided by the Planning Department and shall be filed with the Community Development Director, accompanied by the fee set forth in County Ordinance No. 671. Within thirty (30) days following the filing of a request for an extension, the Community Development Director shall review the applications, make a recommendation thereon, and forward the matter to the city Clerk, who shall place the matter on the regular agenda of the City Council. An extension of time may be granted by the City Council upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of three (3) years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use. The effective date of a permit shall be determined pursuant to either Section 9.240.250 or 9.240.260.

(6)

Revocation of permit. Any conditional use permit granted may be revoked upon the findings and procedure contained in Section 9.240.340.

(7)

Community benefit exception to conditional use permit requirement. Whenever any section of this chapter requires that a conditional use permit be granted prior to the establishment of a use owned or operated by a non-profit organization that provides a community benefit, in lieu of granting a conditional use permit, a community benefit permit shall be granted and the following provisions shall take effect:

(a)

Definitions. For purposes of subsection (7) of this section, the following definitions apply:

(i)

Community benefit means charitable services or activities provided or performed by the proposed use which, in the sole judgment of the Community Development Director, will benefit the people of Jurupa Valley, including, without limitation, services or activities that promote health and well-being, that provide training and education or that are provided in response to community needs, and that are not provided or performed for commercial purposes.

(ii)

Non-profit organization means an organization operated exclusively for exempt purposes set forth in section 501(c)(3) of the Internal Revenue Code, and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial port of its activities and it may not participate in any campaign activity for or against political candidates. For the purposes of this section, the non-profit may be a 501(c)(3) charitable organization as defined by the Internal Revenue Service.

(b)

Community benefit permit application.

(i)

Filing. Applications for consideration of a community benefit permit shall be made to the Community Development Director on the forms provided by the Community Development Department, shall be accompanied by the filing fee set forth in Chapter 3.65 or resolution of the City Council, and shall include the information and documents listed in subsection (1) of this section and the following:

a.

An operational management plan that includes the location of the use, the proposed hours of operation, the number of employees and volunteers, the services provided, and an explanation as to how potential nuisances, if any, will be avoided.

(ii)

Waiver of application fee. The City Council may, upon application and good cause shown by the applicant, waive the imposition of the filing fee prior to the applicant's filing of community benefit permit application.

(c)

Public hearing. A public hearing shall be held on the application for a community benefit permit within forty-five (45) days after accepting a completed application and in accordance with the provisions of either Section 9.240.250 or 9.240.260, whichever is applicable, and all of the procedural requirements, excluding the rights of appeal, as set forth therein shall govern the hearing. The hearing body in Section 9.240.250 shall be defined as the Community Development Director of the city. An appeal of the final decision of the Community Development Director to the Planning Commission shall be filed and processed pursuant to the provisions of Section 9.05.100 and subject to the provisions of Section 9.05.110, except that no appeal fee shall be required, and except that an appeal may only be filed by the applicant for the community benefit permit or an individual Council Member or by the City Council, provided, however, that any such appeal shall be solely on the basis that the issues related to the application are important to the city and should be decided by the entire City Council, and, provided further, that an appeal by an individual Council Member or the Council shall not mean, nor shall it be construed to mean, that the individual Council Member or the City Council is expressing a view in favor of or in opposition to the application. Notwithstanding the above, or any other provision herein to the contrary, the hearing on any community benefit permit that requires approval of a General Plan amendment, a specific plan amendment, or a change of zone shall be heard in accordance with the provisions of Section 9.30.050, 9.30.060, or 9.285.040, whichever, is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

(d)

Requirements for approval. No community benefit permit shall be approved unless it complies with the following standards and criteria:

(i)

The proposed use must conform to all the requirements of the Jurupa Valley General Plan and with all applicable requirements of state law and the ordinances of the city.

(ii)

The proposed use is owned or operated by a non-profit organization and is a community benefit.

(iii)

The proposed use will not adversely affect adjacent properties, uses, buildings, or other structures.

(iv)

The proposed use has made provisions for adequate and safe traffic access, circulation, off-street parking and pedestrian safety. The nonprofit organization will ensure these provisions are maintained during the operation of the use.

(v)

The proposed use will serve the best interests of the community.

(e)

Conditions. A community benefit permit shall not be granted unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety, or general welfare of the community. Any permit that is granted shall be subject to such conditions as shall be necessary to protect the health, safety, or general welfare of the community.

(f)

Use of permit. Any community benefit permit that is granted shall be used within one (1) year from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of three (3) years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than three (3) years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the City Council, on forms provided by the Planning Department and shall be filed with the Community Development Director, accompanied by the fee set forth in Chapter 3.65 or resolution of the City Council. Within thirty (30) days following the filing of a request for an extension, the Community Development Director shall review the applications, make a recommendation thereon, and forward the matter to the city Clerk, who shall place the matter on the regular agenda of the City Council. An extension of time may be granted by the City Council upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of three (3) years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use. The effective date of a permit shall be determined pursuant to either Section 9.240.250 or 9.240.260.

(g)

Revocation of permit. Any community benefit permit granted may be revoked upon the findings and procedure contained in Section 9.240.340.

(h)

Community benefit permit does not run with the land. No community benefit permit granted shall run with the land, and shall terminate upon a change of ownership or operation of the use which was the subject of the community benefit permit.

(Ord. No. 2012-10, §§ 1(E)—(G), 2, 11-1-2012; Ord. No. 2021-09, § 4, 4-15-2021; Ord. No. 2021-17, §§ 4, 5, 8-5-2021)

A.

Purpose and applicability. The purpose of this chapter is to implement the requirements of California Government Code Sections 66313 et seq. to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the city is still permitted to exercise local control.

B.

Definitions. For the purposes of this section, the following definitions apply.

Attached ADU means an ADU that is constructed as a physical expansion (i.e., addition) of the primary dwelling or existing structure and shares a common wall with the primary dwelling or existing structure.

Detached ADU means an ADU that is constructed as a separate structure from the primary dwelling or an existing structure, which does not share any walls with the primary dwelling or existing structure.

Existing structure means an existing single-family dwelling or other residential accessory structure, including a detached garage, that can be safely converted into habitable space under the California Building Standards Code, as amended by the city, and other applicable law.

Junior accessory dwelling unit or JADU has the same meaning ascribed in California Government Code Section 66313(d), as the same may be amended from time to time.

Primary dwelling, for purposes of this chapter, means the existing or proposed single-family dwelling on the lot where an ADU would be located.

Public transit, for purposes of this chapter, has the meaning ascribed in California Government Code Section 66313(m), as the same may be amended from time to time.

C.

Building permit approval only.

(1)

An accessory dwelling unit application is not required to be filed with the Community Development Director for an ADU or JADU that satisfies the requirements of subsection C.(2) of this section (California Government Code Section 66323, as the same may be amended from time to time), subsections G., H., and I. of this section, and Title 8, Building and Construction, of the Jurupa Valley Municipal Code. A building permit application is required to be filed with the Building and Safety Department.

(2)

Pursuant to California Government Code Section 66323, the city shall ministerially approve an application for a building permit within a residential zone or mixed use zone that allows residential uses to create any of the following:

(a)

ADU and JADU within a primary dwelling and ADUs within existing accessory structures. One (1) ADU and one (1) JADU per lot with a proposed or existing single-family dwelling if all of the following apply:

(i)

The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure. The ADU may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

(ii)

The space has exterior access from the proposed or existing single-family dwelling.

(iii)

The JADU contains an interior entry to the primary dwelling's main living area, independent of the exterior entrances of the JADU and primary dwelling.

(iv)

The side and rear setbacks are sufficient for fire and safety.

(v)

The JADU complies with the requirements of California Government Code Sections 66333 et seq. and with the requirements set forth in subsection F. of this section.

(vi)

The ADU or JADU shall be no more than twenty-five (25) feet in height or the height limitation in the zone that applies to the primary dwelling, whichever is lower.

(b)

Detached new construction ADU for primary dwelling. One (1) detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection C.(2)(a) of this section.

(i)

The ADU shall be no more than eight hundred (800) square feet in size.

(ii)

The ADU shall be no more than sixteen (16) feet in height on a lot with a proposed or existing single-family.

(iii)

The ADU shall not exceed a height limit of eighteen (18) feet, including an additional two (2) feet to accommodate roof pitch that aligns with the primary dwelling, when it is located within a half-mile of a major transit stop or high-quality transit corridor.

(iv)

The ADU shall be setback a minimum of four (4) feet from side and rear lot lines.

(c)

ADU within non-livable space in existing multifamily dwelling. One (1) ADU within the portions of existing multifamily dwelling structures that are not used as livable space (as defined in Government Code Sections 66313(e) and 66323(a)(3)(A)), including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, up to the number of ADUs that equals twenty-five (25) percent of the existing multifamily dwelling units in the structure.

(d)

Detached new construction ADUs for existing or proposed multi-story multifamily dwelling. Detached ADUs for a proposed multifamily dwelling shall not exceed two (2) detached ADUs. Detached ADUs for an existing multifamily dwelling shall not exceed the number of existing units on the lot, and the number of detached ADUs shall not exceed eight (8) units. Such detached ADUs are subject to a height limit of eighteen (18) feet and minimum four-foot rear yard and side setbacks.

D.

Planning permit application.

(1)

An accessory dwelling unit application is required to be filed with the Community Development Director for an ADU that does not satisfy the requirements of subsection C.(2) of this section. An accessory dwelling unit application shall be made in writing to the Community Development Director on the forms provided by the Planning Division, shall be accompanied by the filing fee as established by resolution of the City Council, and shall include the following information:

(a)

Name and address of the applicant.

(b)

Completed owner's affidavit.

(c)

Assessor's parcel number(s) of the property.

(d)

A site plan drawn in sufficient detail to clearly describe the following:

(i)

Physical dimensions of the property.

(ii)

Location and dimensions of all existing and proposed structures, walls, and fences.

(iii)

Location and dimensions of all existing and proposed easements, septic tanks, leach lines, seepage pits, drainage structures, and utilities.

(iv)

Location, dimensions, and names of all adjacent roads, whether public or private.

(v)

Setbacks.

(vi)

Existing and proposed methods of circulation, including ingress and egress, driveways, parking areas, and parking structures.

(vii)

Panoramic color photographs showing the property from all sides and showing adjacent properties.

(viii)

A description of architectural treatments proposed for the ADU.

(ix)

Written confirmation from any water district or sewer district providing service of the availability of service.

(e)

Floor plans. For an attached ADU, the plans must include the primary dwelling as well.

(f)

Elevations. For an attached ADU, the plans must include the primary dwelling as well.

(g)

A title report dated within thirty (30) days of application submittal, or as may be extended by mutual consent of the applicant and Community Development Director.

(h)

Such additional information as shall be required by the Community Development Director.

(2)

All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Jurupa Valley Municipal Code. A building permit application is required to be filed with the Building Division.

(3)

In accordance with state law, ADUs are an accessory use or an accessory structure to the primary dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.

(4)

The Community Development Director shall ministerially review and approve an accessory dwelling unit application, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law.

(5)

Accessory dwelling unit applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 66317. The city shall act upon the accessory dwelling unit permit within sixty (60) days of receiving the application, or as the deadline required by Government Code Section 66317, as the same may be amended from time to time. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director shall be final.

(6)

Where an accessory dwelling unit application for an ADU is submitted with an application for a primary dwelling that is subject to discretionary review under Title 9 of the Jurupa Valley Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.

(7)

Any ADU that is approved shall be used within two (2) years from the effective date thereof, or otherwise the ADU permit shall be null and void. Notwithstanding the foregoing, the applicant or their successor-in-interest may, prior to its expiration, request an extension of time in which to use the ADU permit. A request for an extension of time shall be made on forms provided by the Community Development Department and shall be filed with the Community Development Director, accompanied by a fee set forth by resolution of the City Council. An extension of time may be granted upon a determination that valid reason exists for the applicant or their successor-in-interest not using the ADU permit within the required period of time. If an extension is granted, the total time allowed for use of the ADU permit shall not exceed five (5) years, calculated from the date of issuance of the ADU permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

E.

Standards for ADUs. Except those ADUs approved pursuant to subsection C. of this section (building permit approval only), ADUs shall comply with the following development standards:

(1)

Location restrictions. One (1) ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned to allow single family or multifamily residential use.

(2)

Number of units on lot. Not more than two (2) detached ADUs located on a lot with a proposed multifamily dwelling, subject to the height limits described in subsection C.(2)(b) above, as applicable, and no more than four-foot rear yard and side setbacks. Not more than eight (8) detached ADUs or a quantity equal to the number of the existing primary dwelling units on the lot, whichever is fewer, on a lot that has an existing multifamily dwelling, subject to the height limits described in subsection C.(2)(b) above, as applicable, and no more than four-foot rear yard and side setbacks.

(3)

Development standards.

(a)

Size restrictions. If there is an existing primary dwelling, an Attached ADU shall not exceed fifty (50) percent of the gross floor area for the primary dwelling. An attached ADU that is proposed with a new primary dwelling shall not exceed eight hundred fifty (850) square feet in gross floor area or one thousand (1,000) square feet in gross floor area if more than one (1) bedroom. A detached ADU shall not exceed eight hundred fifty (850) square feet in gross floor area or one thousand (1,000) square feet in gross floor area if more than one (1) bedroom. In no case shall an ADU be less than an "efficiency unit" as defined in California Health and Safety Code Section 17958.1 with respect to square footage.

(b)

Height restrictions.

(i)

A detached ADU shall not exceed sixteen (16) feet in height, with the following exceptions:

(1)

A detached ADU shall not exceed a height limit of eighteen (18) feet, or twenty (20) feet to match the roof pitch of the primary dwelling, when located within a half-mile of a major transit stop or high-quality transit corridor.

(2)

A detached ADU shall not exceed eighteen (18) feet in height when located on a lot with an existing or proposed multi-story multi-family dwelling.

(ii)

An attached ADU may not exceed twenty-five (25) feet in height or exceed the height of a primary dwelling in the underlying zone, whichever is lower.

(iii)

An ADU constructed above a garage shall not exceed the height limits of the underlying zone.

(c)

Setbacks. No setback shall be required for an ADU that is within an existing structure or new ADU that is constructed in the same location and with the same dimensions as an existing structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four (4) feet. An ADU shall comply with all required front yard setbacks otherwise required by the Jurupa Valley Municipal Code, unless the front yard setback regulations would not permit construction of an eight hundred-square foot ADU that is sixteen (16) feet in height with at least four-foot side and rear yard setbacks.

(d)

Lot coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an eight hundred-square foot ADU that is sixteen (16) feet in height with at least four-foot side and rear yard setbacks.

(e)

Design. The ADU shall comply with any objective design standards adopted by the city that are applicable to the zoning district or specific plan area where the ADU is located.

(f)

Exterior access. An ADU shall have a separate exterior access.

(g)

Fire sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling.

(h)

Historic resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the United States' "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at 36 CFR 68.3, as the same may be amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or specific plans that pertain to historic resources.

(i)

Garage demolition. When a detached garage is being replaced by an ADU, a demolition permit application shall be reviewed with the application for the ADU and issued at the same time. The applicant shall not be required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an ADU, unless the property is located within an architecturally and historically significant historic district.

(4)

Parking requirements.

(a)

In addition to the off-street parking space(s) required for the primary dwelling, one (1) off-street parking space shall be provided for each ADU, except when:

(i)

The ADU is located within one-half (½) mile walking distance of public transit;

(ii)

The ADU is located within an architecturally and historically significant historic district;

(iii)

The ADU is part of a proposed or existing primary dwelling or accessory structure;

(iv)

The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant;

(v)

The ADU is located within one (1) block of a city-approved and dedicated parking space for a car share vehicle; or

(vi)

The permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided the ADU or parcel satisfies any other criteria listed in section E.(4)(a).

(b)

When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.

(c)

When an ADU is included in an application to create a new single-family or multi-family dwelling on the same lot, the ADU shall not be subject to parking requirements as long as the ADU remains in use as a legal ADU.

(4)

Other provisions.

(a)

Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles and mobile/motor homes.

F.

Standards for JADUs. In accordance with the standards set forth in California Government Code Section 66333 et seq., JADUs shall comply with the following requirements, unless state law is amended to set forth different standards in which case state law standards will govern:

(1)

A JADU shall be a minimum of two hundred twenty (220) square feet and a maximum of five hundred (500) square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU.

(2)

A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling, including attached garages or other enclosed uses within the residence.

(3)

A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.

(4)

A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling.

(5)

A JADU shall have an interior entry to the primary dwelling's main living area, independent of the exterior entrances of the JADU and primary dwelling.

(6)

A JADU shall include an efficiency kitchen which shall include all of the following:

(a)

A cooking facility with appliances.

(b)

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

(7)

No additional parking is required for a JADU.

G.

Covenant required. Prior to the issuance of a certificate of occupancy of the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest:

(1)

The ADU or JADU shall not be sold, transferred, or assigned separately from the primary dwelling, but may be rented.

(2)

The ADU shall not be used for short-term rentals for less than thirty-one (31) days.

(3)

If there is a JADU on the property, either the JADU or primary dwelling shall be occupied by the owner of record.

H.

Fees and utility connections.

(1)

ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling and not be a separate set of services. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with California Government Code Section 66324, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit.

(2)

The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in California Government Code Section 66000 et seq., except as follows:

(a)

ADUs that are less than seven hundred fifty (750) square feet shall not be subject to impact fees.

(b)

ADUs that are seven hundred fifty (750) square feet or more shall be charged impact fees that are proportional in relation to the square footage of the primary dwelling unit.

(3)

The city shall not issue a building permit for an ADU or JADU until the applicant provides a will serve letter from the local water and sewer provider. Notwithstanding the foregoing, if a private sewage disposal system is being used, the applicant must provide documentation showing approval by the Building Official in lieu of the will serve letter by the local sewer provider. If a private well is being used, the applicant must provide documentation showing approval by the Building Official and Riverside County Health Department in lieu of the will serve letter by the local water provider.

I.

Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the city building code and the city fire code, as the same may be amended by the city from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the city building code and the city fire code will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high fire hazard severity zones, which may be characterized by steeper terrain, larger and denser fuels, fuels that are highly volatile, and subject to frequent fires. Clearing requirements shall meet the state's general guidelines for creating defensible space.

(Ord. No. 2018-01, § 5, 5-17-2018; Ord. No. 2020-18, § 7, 11-5-2020; Ord. No. 2021-09, § 4, 4-15-2021; Ord. No. 2023-08, § 38, 5-18-2023; Ord. No. 2025-22, § 4, 10-2-2025)

Whenever a request is made to increase the permitted numbers of mature crowing fowl, in zones where such requests are allowed, the following provisions shall take effect:

(1)

Application. Every application for a crowing fowl permit shall be made in writing to the Community Development Director on the minor site development permit or crowing fowl permit forms provided by the Planning Department, shall be accompanied by the appropriate filing fee as set forth in County Ordinance No. 671 and shall include the following information:

(a)

Name and address of the applicant, and evidence that the applicant resides at the premises involved and is either the owner of the premises involved or has the written permission of all the owners to secure the permit.

(b)

Assessor's parcel number of premises involved.

(c)

A plot and development plan drawn in sufficient detail to clearly describe the following:

(i)

Physical dimensions of property.

(ii)

Location and dimensions of all existing and proposed structures, including all enclosures proposed for crowing fowl.

(iii)

Location, dimensions, and names of all adjacent roads, whether public or private, showing the location of the street centerline and all existing improvements such as sidewalks, curbs, gutters and curb cuts.

(iv)

Proposed setbacks for crowing fowl enclosures from existing on-site structures and structures on adjacent properties.

(v)

Driveway location(s).

(d)

Panoramic photographs showing all sides of the on-site property and adjacent off-site properties.

(e)

A description of walls, landscaping, and other methods which will be used to ensure that the use will be compatible with the neighborhood.

(f)

A statement that the proposed use is for the occupants of the premises only.

(g)

A list of the names and addresses of all owners of real property within six hundred (600) feet of the exterior boundaries of the property as shown on the last equalized assessment roll and any update issued by the County Assessor.

(h)

Such additional information as shall be required by the application form.

(i)

A clearance letter from the Riverside County Department of Animal Services verifying that the property has not had prior complaints or violations associated with the proposed use.

(2)

Hearing and notice of decision. Upon acceptance of an application as complete, the Planning Department shall transmit a copy of the application to the Riverside County Department of Environmental Health and Riverside County Department of Animal Services for review and comment.

(a)

Not less than thirty (30) days after an application is received as complete, the Community Development Director shall schedule the time and date on which the Director's decision on the application is to be made. Not less than ten (10) days prior to the date on which the decision is to be made, the Community Development Director shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll and any updates as owning real property within a six hundred (600) foot radius of the exterior boundaries of the proposed project. Notice of the proposed use shall also be given by publication in a newspaper of general circulation in the city. The notice shall include the statement that no public hearing will be held unless a hearing is requested in writing before the date scheduled for the decision to be made. No public hearing on the application shall be held before a decision is made unless a hearing is requested in writing by the applicant or other interested person, or if the Community Development Director determines that a public hearing should be required. The Community Development Director shall give notice of the decision to the applicant and to any other person who requests notice of the decision. The decision of the Community Development Director shall be considered final unless within fourteen (14) days from the date of decision, an appeal therefrom is filed.

(b)

If a public hearing is required under the provisions of this subsection, notice of the time, date and place of the hearing before the Community Development Director, and a general description of the location of the real property which is the subject of the hearing, shall be given at least ten (10) days prior to the hearing as follows:

(i)

Mailing or delivering to the owner of the subject real property or the owner's duly authorized agent.

(ii)

Mailing or delivering to all owners of real property which is located within a six hundred (600) foot radius of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll and any updates.

(iii)

The Community Development Director may require that additional notice be given in any other matter the Director deems necessary or desirable.

(c)

If a public hearing is required, the Director shall hear relevant testimony from interested persons and make a decision within a reasonable time after the close of the public hearing. The Community Development Director shall give notice of the decision to the applicant, and the decision of the Community Development Director shall be considered final unless within fourteen (14) days from the date of decision an appeal therefrom is filed.

(c)

Development standards. No crowing fowl permit shall be approved unless it complies with the following standards:

(a)

The proposed permit must conform to all the requirements of the General Plan for Jurupa Valley.

(b)

The lot is zoned for the keeping or raising of crowing fowl as a permitted use and subject to the restrictions of the zone.

(c)

The crowing fowl shall be kept in an enclosed area located not less than twenty (20) feet from any property line and not less than fifty (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:

(i)

The crowing fowl shall be kept in a solid walled enclosure with a solid roof attached to all perimeter walls of the enclosure.

(ii)

Crowing fowl shall be confined inside the walled and roofed enclosure between the hours of eight (8:00) p.m. and six (6:00) a.m. each day.

(iii)

The walled and roofed enclosure shall be completely screened, except for its entry, by landscaping, including trees and shrubbery.

(d)

All of the development standards of the zone in which the crowing fowl permit is located, shall be applicable to the permit.

(e)

Findings are made by the Community Development Director that there is no adverse impact on the public health, safety or welfare.

(d)

Conditions. Any crowing fowl permit granted shall be subject to such conditions as are necessary to protect the health, safety and general welfare of the public. In addition, a permit shall be subject to the following conditions:

(a)

In general, the life of the permit shall be unlimited provided the applicant continues to reside at and is the owner of the premises involved and the permit is being used in compliance with the provisions of this section, as well as any conditions of approval imposed in connection with the permit, and that all construction permits and inspections which may be required pursuant to the provisions of Chapter 8.05 have been obtained. However, if the Community Development Director finds that there is sufficient reason, such as neighborhood concern, to limit the life of the permit, such limitation may be established by addition of condition of approval. Non-compliance with the conditions of approval and/or construction permits may result in the revocation of the permit in accordance with Section 9.240.340.

(b)

The lot is zoned for the keeping or raising of crowing fowl as a permitted use and subject to the restrictions of the zone.

(c)

The keeping or raising of crowing fowl is for the use of the occupants of the premises only.

(e)

Appeal. An applicant or any interested person may appeal the decision of the Community Development Director by the following procedure:

(1)

Appeal to Planning Commission. Within fourteen (14) calendar days after the date of the decision by the Community Development Director, an appeal, in writing, may be made to the Planning Commission on the form provided by the Planning Department, which shall be accompanied by a filing fee as set forth in Chapter 3.65. Notice of the appeal shall be given in the same manner that notice was given for the original hearing. The Planning Commission shall render its decision within thirty (30) days following the close of the hearing on the appeal.

(2)

Appeal to the City Council. An appeal of the Planning Commission decision to the City Council shall be filed and processed pursuant to the provisions of Section 9.05.100 and subject to the provisions of Section 9.05.110.

(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2019-05, § 7, 2-21-2019; Ord. No. 2021-09, § 4, 4-15-2021; Ord. No. 2024-08, § 19, 4-18-2024)

A.

Permitted uses. Notwithstanding any other provisions of this title, the following uses may be permitted in any zone classification including Planned Unit Development Zones and Specific Plan Zones; provided, that a public use permit is granted pursuant to the provisions of this section:

(1)

Educational institutions;

(2)

Facilities for the storage or transmission of electrical energy where the city is not preempted by law from exercising jurisdiction. This subsection shall take precedence over and supersede any conflicting provision in any zone classification. Facilities for the storage or transmission of electrical energy shall not be subject to the development standards of the zone classification in which they are located;

(3)

Government uses;

(4)

Any hospital or other facility that is licensed by the state as such, not including a family care, foster home or group home that serves six (6) or fewer persons;

(5)

Any home or other facility for the aged or children that is licensed by the state or county as such, not including a home or facility that serves six (6) or fewer children or aged persons, nor a large family day care home that serves seven (7) to twelve (12) children. The facilities shall be developed in accordance with the standards set forth in Sections 9.270.020 and 9.270.030;

(6)

Halfway house;

(7)

Public utilities.

B.

Application. Every application for a public use permit shall be made in writing to the Community Development Director on the forms provided by the Planning Department, shall be accompanied by a filing fee as set forth in County Ordinance No. 671, and shall include the following information:

(1)

Name and address of the applicant.

(2)

Evidence that he is the owner of the premises involved or that he has written permission of the owner to make such application.

(3)

A plot and development plan drawn in sufficient detail to clearly describe the following:

(a)

Physical dimensions of property and structures.

(b)

Location of existing and proposed structures.

(c)

Setbacks.

(d)

Methods of circulation.

(e)

Ingress and egress.

(f)

Utilization of property under the requested permit.

(4)

Such additional information as shall be required by the application form.

C.

Public hearing. A public hearing shall be held on the application for a public use permit in accordance with the provisions of Section 9.240.250 and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

D.

Conditions. A public use permit shall not be granted unless the applicant demonstrates that the proposed use will not be detrimental to the health, safety or general welfare of the community. Any permit that is granted shall be subject to such conditions as shall be necessary to protect the health, safety or general welfare of the community.

E.

Use of permit. Any public use permit that is granted shall be used within one (1) year from the effective date thereof, or within such additional time as may be set into the conditions of approval, which shall not exceed a total of three (3) years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than three (3) years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the City Council, on forms provided by the Planning Department and shall be filed with the Community Development Director, accompanied by a fee as set forth in County Ordinance No. 671. Within thirty (30) days following the filing of a request for an extension, the Community Development Director shall review the application, make a recommendation thereon, and forward the matter to the city Clerk, who shall place the matter on the regular agenda of the City Council. An extension of time may be granted by the City Council upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of three (3) years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use. The effective date of a permit shall be determined pursuant to Section 9.240.250.

F.

Revocation of permit. Any public use permit granted may be revoked upon the findings and procedure contained in Section 9.240.340.

(Ord. No. 2021-09, § 4, 4-15-2021; Ord. No. 2024-08, § 19, 4-18-2024)

A.

State preemption. Pursuant to the California Child Day Care Facilities Act (California Health and Safety Code Sections 1596.70 et seq. and 1597.30 et seq.), the California Legislature has declared that it is the public policy of the State of California to locate family day care homes for children in normal residential surroundings so as to give children a home environment which is conducive to healthy and safe development. It is the declared public policy of the state to provide children the same environment as would be found in a traditional home. The Legislature has further declared that this policy is a matter of statewide concern with the purpose of occupying the field to the exclusion of local zoning, building and fire codes and regulations governing the use or occupancy of single-family dwellings and multiple-family dwellings for family day care homes for children except as provided in California Health and Safety Code Chapter 3.6 (California Health and Safety Code Section 1597.30 et seq.).

B.

Small family day care homes. In accordance with the above-referenced state policies, the use of a lawfully occupied single-family dwelling or multi-family dwelling as a small family day care home shall be a permitted use in all residential zones and shall not require any permit pursuant to this chapter. Business registration is not required.

C.

Large family day care homes. In accordance with the above-referenced state policies, the use of a single-family dwelling or a multi-family dwelling for a large family day care home is permitted in any zone where single-family dwellings or multi-family dwellings are permitted.

(Ord. No. 2021-03, § 12, 2-4-2021; Ord. No. 2021-09, § 4, 4-15-2021; Ord. No. 2022-17, § 19, 10-20-2022)

The following procedures shall apply to all applications for approval of a site development permit that is required by any section of this chapter:

(1)

Classification of site development permits. Site development permits are classified as follows:

(a)

Site development permits that are not subject to the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.) and are not transmitted to any governmental agency other than the Planning Department for review and comment.

(b)

Site development permits that are not subject to the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.) and are transmitted to one (1) or more governmental agencies other than the Planning Department.

(c)

Site development permits that are subject to the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.).

(d)

Site development permits for outdoor advertising displays that require field checking by the Building and Safety Division.

(2)

Applications.

(a)

Filing. Applications for consideration of a site development permit shall be made to the Community Development Director on the forms provided by the Planning Department, shall be accompanied by that filing fee set forth in County Ordinance No. 671 and shall include such information and documents as may be required by the Community Development Director, in addition to the following:

(i)

Name and address of the applicant and all persons that own any part of the subject property, including evidence that all owners agree to the application.

(ii)

Location or address, and legal description of subject property.

(iii)

A site development permit, drawn to scale, that shows the following:

a.

Boundary and dimensions of property.

b.

Topography of the property.

c.

Location of adjacent streets, drainage structures, utilities, buildings, signs, and other features that may affect the use of the property.

d.

Proposed development, including planned buildings and structures, access, drainage, yards, drives, parking areas, landscaping, signs and walls or fences.

(iv)

If the application requires a public hearing, a list of the names and addresses of all owners of real property located within three hundred (300) feet of the exterior boundaries of the property to be considered, as shown on the last equalized assessment roll and any update issued by the County Assessor.

(v)

If the application is for the location or placement of an outdoor advertising display the requirements and standards set forth in Section 9.245.030 shall apply.

(vi)

Dimensioned elevations, including details of proposed materials for elevations.

(b)

Environmental clearance. No application that requires compliance with the Jurupa Valley Rules Implementing the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.) shall be considered at a public hearing until all procedures required by the rules to hear a matter are completed.

(3)

Requirements for approval. No site development permit shall be approved unless it complies with the following standards:

(a)

The proposed use must conform to all the requirements of the Jurupa Valley General Plan and with all applicable requirements of state law and the ordinances of the city.

(b)

The overall development of the land shall be designed for the protection of the public health, safety and general welfare; to conform to the logical development of the land and to be compatible with the present and future logical development of the surrounding property. The plan shall consider the location and need for dedication and improvement of necessary streets and sidewalks, including the avoidance of traffic congestion; and shall take into account topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof.

(c)

All site development permits which permit the construction of more than one (1) structure on a single legally divided parcel shall, in addition to all other requirements, be subject to a condition which prohibits the sale of any existing or subsequently constructed structures on the parcel until the parcel is divided and a final map recorded in accordance with Title 7 in such a manner that each building is located on a separate legally divided parcel.

(4)

Action on site development permits.

(a)

Site development permits not requiring public hearing. The Community Development Director shall approve, conditionally approve or disapprove a site development permit based upon the standards in subsection (4)(c) of this section within thirty (30) days after accepting a completed application and give notice of the decision, including any required conditions of approval, by mail, to the applicant and any other persons requesting notice. The Community Development Director may refer review of a site development permit application that does not require a public hearing to the Planning Commission for review, a full hearing and the Planning Commission's approval, conditional approval or disapproval in cases where planning department staff determines the proposed use will have a major significant impact on the community.

(b)

Site development permit requiring hearing. The Community Development Director shall hold a public hearing on all site development permits for which a negative declaration or an EIR is prepared pursuant to the city of Jurupa Valley Rules Implementing the California Environmental Quality Act. Notice of the time, date and place of the public hearing shall be given as provided in Section 9.240.250(3). The Community Development Director may refer review of a site development permit application requiring a public hearing to the planning commission for review, a full hearing and the Planning Commission's approval, conditional approval or disapproval in cases where planning department staff determines the proposed use will have a major significant impact on the community.

(c)

Site development permits for large commercial developments. Notwithstanding any other provision in this section to the contrary, a noticed public hearing shall be held on a site development permit for a commercial development of thirty (30) acres or larger. Site development permits shall be heard by the Planning Commission. Notice of the time, date and place of the hearing shall be given as provided in Section 9.240.250(3). Any appeal of the commission decision shall be to the City Council as provided in Section 9.240.330.

(d)

Notwithstanding the above or any other provision herein to the contrary, a site development permit application which:

(i)

Requires the approval of a general plan amendment, a specific plan amendment or a change of zone shall be heard in accordance with the provisions of Sections 9.30.050, 9.30.060, or 9.285.040, whichever is applicable, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

(ii)

Requires the approval of a land division map or is being processed concurrently with a land division map, but does not require the approval of a general plan amendment, a specific plan amendment, or a change of zone, shall be heard in accordance with the provisions of Sections 7.15.140, 7.15.150 and 7.15.160, and all of the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

(iii)

When there is a policy implication or the proposed use is the subject of concern for the public interest, as expressed by the City Council, the Community Development Director may refer review of a site development permit application subject to the Community Development Director's review to the planning commission and the application shall be heard by the Planning Commission in accordance with the provisions of this section.

(5)

Appeals—Site development permits not including wireless communication facilities. An applicant or any other interested party may appeal from the decision of the Community Development Director by the following procedure:

(a)

Initial appeal. Within ten (10) calendar days after the date of the mailing of the decision by the Community Development Director, an appeal in writing may be made on the form provided by the Planning Department and which shall be accompanied by a filing fee as set forth in Chapter 3.65 or resolution of the City Council. Upon receipt of a completed appeal, the Community Development Director shall set the matter for hearing and mail notice thereof to the applicant and the appellant if the site development permit did not require a public hearing. If the site development permit required a public hearing, notice of the appeal shall be given in the same manner that notice was given for the original hearing. Such appeals shall be heard by the Planning Commission, except that any appeal concerning an application of a commercial/industrial nature given fast track status, shall be heard directly by the City Council. For purposes of this section, an application shall be considered to have been given fast track status if it meets the definition set forth in Section 9.10.590.

(b)

Appeal from Planning Commission. An appeal of the Planning Condition decision to the City Council shall be filed and processed pursuant to Section 9.05.100 and subject to the provisions of Section 9.05.110.

(6)

Appeals—Wireless communication facilities site development permits. An applicant or any other interested party may appeal from the decision of the Community Development Director by the following procedure:

(a)

Initial appeal. The Community Development Director shall file his/her notice of decision with the secretary of the Planning Commission, together with a report of the proceedings, not more than fifteen (15) days after making the decision. A copy of the notice of decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. The secretary of the Planning Commission shall place the notice of decision on the next agenda of the Planning Commission, held five (5) or more days after the secretary receives the notice from the Community Development Director. The decision of the Community Development Director is considered final and no action by the Planning Commission is required unless, within ten (10) days after the notice appears on the Planning Commission agenda, the applicant or an interested person files an appeal, accompanied by the fee set forth in Chapter 3.65 or resolution of the City Council.

(b)

Appeal from Planning Commission. An appeal from the decision of the decision of the Planning Commission shall be filed and processed pursuant to the provisions of Section 9.05.100 and subject to the provisions of Section 9.05.110, provided, however, that the time periods for hearing the appeal may be adjusted by the city Manager as necessary to comply with the requirements of federal or state law or this Code relating to wireless facilities.

(7)

Approval period.

(a)

Any site development permit that is approved shall be used within two (2) year from the effective date thereof, or within such additional time as may be specified in the conditions of approval, which shall not exceed a total of five (5) years; otherwise, the site development permit shall be null and void. Notwithstanding the foregoing, if a site development permit is required to be used within less than five (5) years, the applicant or his/her successor-in-interest may, prior to its expiration, request an extension of time in which to use the site development permit. A request for extension of time shall be made on forms provided by the Planning Department and shall be filed with the Community Development Director, accompanied by the fee set forth in Ordinance No. 671 as the fee for extension of the time within which to use a conditional use permit. Within thirty (30) days following the filing of a request for an extension, it shall be considered by the hearing body or officer that originally approved the site development permit. An extension of time may be granted upon a determination that valid reason exists for the applicant or his/her successor-in-interest not using the site development permit within the required period of time. If an extension is granted, the total time allowed for use of the site development permit shall not exceed a period of five (5) years, calculated from the effective date of the issuance of the site development permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use. The effective date of a site development permit shall be determined pursuant to Section 9.240.330.

(b)

Notwithstanding any condition of approval that may be attached to a site development permit approved before the effective date of the ordinance from which this chapter is derived, the five (5) year time period specified in subsection (6) of this section shall apply to all such site development permits that have not yet become null and void.

(8)

Notwithstanding the specific requirements of the zoning classification and this section, no site development permit is required to establish a proposed use when the proposed use is replacing an existing use provided that:

(a)

The existing and proposed use are conforming uses;

(b)

The existing use was subject to a site development permit approval;

(c)

The proposed use will not require the construction of a building, or the reconstruction or expansion of an existing building;

(d)

The proposed use complies with the parking and landscaping requirements of Section 9.240.120; and

(e)

The proposed site has adequate road and other improvements required for the implementation of the proposed use available on site.

(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2015-11, § 1, 9-3-2015; Ord. No. 2019-05, § 8, 2-21-2019; Ord. No. 2021-09, § 4, 4-15-2021)

A.

Any conditional use permit, public use permit, variance, commercial WECS permit, accessory WECS permit, site development permit for a temporary event, or community development permit may be revoked by the Director of the Building and Safety Division upon finding that one (1) or more of the following conditions for revocation exist:

(1)

That the use is detrimental to the public health, safety or general welfare, or is a public nuisance.

(2)

That the permit was obtained by fraud or perjured testimony.

(3)

That the use is being conducted in violation of the terms and conditions of the permit.

(4)

That the use for which the permit was granted has ceased or has been suspended for one (1) year or more.

B.

Upon a determination by the Director of the Building and Safety Division that grounds for revocation exist, the following procedure shall take effect:

(1)

Notice of revocation. Notice of revocation and a copy of the findings of the Director of the Building and Safety Division shall be mailed by the Director by certified mail to the owner of the property to which the permit or variance applies, as shown by the records of the Assessor of Riverside County. The decision of the Director of the Building and Safety Division shall be final unless a notice of appeal is timely filed.

(2)

Notice of appeal. Within ten (10) days following the mailing of the notice of revocation, the owner of the property to which the permit or variance applies may file with the Community Development Director a notice of appeal from the decision of the Director of the Building and Safety Division. A notice of appeal shall be accompanied by the filing fee set forth in County Ordinance No. 671. A notice of appeal not accompanied by such fee shall be deemed null and void and shall not be processed.

(3)

Setting hearing; costs. Appeals, including appeals concerning commercial WECS permits, shall be heard by the Planning Commission, of if the Commission so elects, shall be heard by a Hearing Officer in accordance with Section 1.20.080(D). Notice of the time, date and place of the hearing shall be given as provided in Section 9.240.250(3). In the event that an appeal is heard by a Hearing Officer and the owner of the property to which the permit or variance applies does not prevail in the appeal, the owner shall not be obligated to pay any hearing costs. In the event that an appeal is heard by a Hearing Officer and the owner of the property to which the permit or variance applies prevails in the appeal, the owner shall not be obligated to pay all hearing costs.

(4)

Testimony under oath. All testimony at the hearing shall be taken under oath.

(5)

Notice of decision. Notice of the Planning Commission decision and a report of the proceedings shall be filed with the city Clerk not later than fifteen (15) days following the date the decision is adopted. A copy of the notice and the report shall be mailed to the applicant and proof of such mailing shall be indicated on the original notice filed with the city Clerk. If the Planning Commission does not reach a decision due to a tie vote, such fact shall be reported to the City Council in the same manner and within the same time for reporting decisions and such a failure to reach a decision shall constitute affirmation of the Building Director's revocation of the permit or variance.

(6)

Appeal. An appeal of the decision of the Planning Commission shall be filed and processed pursuant to the requirements of Section 9.50.100 and subject to the provisions of Section 9.05.110.

(7)

Action by the City Council. The decision of the City Council on revocation of a permit or variance is final.

(Ord. No. 2018-05, § 4, 4-19-2018; Ord. No. 2019-05, § 9, 2-21-2019; Ord. No. 2021-09, § 4, 4-15-2021; Ord. No. 2021-17, § 6, 8-5-2021)

Whenever by the terms of this chapter or a provision of any permit or variance thereunder, a period is fixed within which an act is required or permitted to be performed and the last day of such period falls on a Saturday, Sunday, or city holiday, then the next succeeding day which is not a Saturday, Sunday, or city holiday shall be deemed the last day of such period. If, by such provisions, any document is required to be filed with the City Council, the Planning Commission or other body or officer, filing the same with the city Clerk shall be deemed filing with said City Council, filing in the office of the Community Development Director shall be deemed filing with said City Council, filing in the office of the Community Development Director shall be deemed filing with said Commission, filing with the secretary of such other body or in its office shall be deemed filing with such body, and filing in the office of such officer shall be deemed filing with him. If by any such provision a time limit for the performance of an act is permitted to be extended or the period renewed, such renewal or extension, to be effective, must be sought and obtained prior to the expiration of the time limit.

(Ord. No. 2019-05, § 10, 2-21-2019; Ord. No. 2021-09, § 4, 4-15-2021)

Notwithstanding any other provisions of this chapter, the following matters may, without notice or public hearing, be approved, conditionally approved or denied in accordance with the following procedure:

(1)

The Community Development Director may approve, conditionally approve or deny:

(a)

Setback adjustments. Modifications of the front, rear or side yard minimum setback requirements of the various zone classifications in this chapter.

(b)

Temporary uses. The temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time not to exceed six (6) months.

(2)

The Planning Commission may approve, conditionally approve or deny: Temporary uses. The temporary use of land in any zone classification, when such temporary use is in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time in excess of six (6) months.

(3)

Applications, containing all required information, shall be filed with the Community Development Director, upon the forms provided by the Planning Department, shall be accompanied by the filing fee set forth in County Ordinance No. 671, and shall be processed pursuant to the provisions of Section 9.240.330, including the appeal provisions thereof, except that when the application is for a temporary use for a period of time in excess of six (6) months, the Community Development Director shall make a recommendation only, which shall be submitted to the Planning Commission for decision.

(4)

No request for a setback adjustment shall be granted unless it is determined that the adjustment is consistent with the intent and purposes of this chapter; that there are special circumstances applicable to the property, including such factors as size, shape, topography, location or surroundings that justify the approval of the adjustment of the setback requirement, and that the adjustment will not be detrimental to the health, safety and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the adjustment is requested.

(5)

No request for a temporary use of land shall be granted unless it is determined that the temporary use of the land will not be detrimental to the health, safety or general welfare of the community or be detrimental to property in the vicinity of the parcel for which the temporary use is requested.

(6)

As a condition to approval of a setback adjustment or a temporary use of land, the performance of such conditions may be required as are determined to be necessary to assure that the granting of the adjustment or use will not be detrimental to the health, safety and general welfare of the community or be detrimental to property in the vicinity of the parcel for which the request is made including the following conditions:

(a)

Regulations of points of vehicle ingress and egress to the property.

(b)

Require any necessary landscaping, fencing or walls.

(c)

Require the restoration of the property to a natural appearance, including, but not limited to filling, grading and leveling.

(d)

Establish a time period within which the permission is to be used and required conditions are to be completed.

(Ord. No. 2021-09, § 4, 4-15-2021)

When any zone classification provides that an application for a greater height limit may be made pursuant to this section, the following alternative procedures may be used to determine if the request shall be granted:

(1)

An application for a zone change may request a greater height limit in accordance with the limitations of the zone classification. The specific height limit requested shall be included in all notices regarding the zone change and, if granted, the zoning placed upon the land shall specifically state the allowed height limit.

(2)

An application for a conditional use permit, public use permit, commercial WECS permit or accessory WECS permit may include a request for a greater height limit in accordance with the limitations of the zone classification. The specific height limit requested shall be included in all notices regarding the permit, and if granted, the permit shall specifically state the allowed height limit.

(3)

For structures other than buildings, an application for a greater height limit in accordance with the limitations of the zone classification may be made to the Community Development Director pursuant to the provisions of Section 9.240.330. If granted, the approved site development permit shall specifically state the allowed height limit.

(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2021-09, § 4, 4-15-2021)

When an asterisk (*) or any other character follows the zoning symbol on any official zoning plan map, the required minimum lot area, minimum area per dwelling unit, lot frontage, size of dwelling, yard requirement, and structure height, or any of such requirements, for the areas upon the map so marked, shall be as set forth in the legend upon such map, notwithstanding any other provisions of this chapter.

A.

Whenever a specific plan for a highway has been adopted by the city or county, all requirements of this chapter relating to highway right-of-way lines shall be calculated from the adopted planned future right-of-way line. No building, structure or other improvement shall be constructed within the described planned right-of-way lines, and no building permit shall be issued therefore, except as hereinafter set forth.

B.

The following improvements shall be permitted to be constructed within the described planned right-of-way lines of a specific plan, provided that they are appurtenant to a permitted use that is conducted on an abutting parcel; that any required encroachment permit pursuant to Chapter 13.10 is first approved, and further provided that an approved site development permit is granted pursuant to Section 9.240.330:

(1)

Pedestrian access walkways.

(2)

Vehicular access driveways.

(3)

Fences not exceeding thirty (30) inches in height.

(4)

Landscaping that includes planters.

(5)

Off-street parking areas, including parking spaces, drives, aisles, turning and maneuvering areas, bumper stops or wheel stops. Off-street parking within a specific plan area shall not be credited toward providing required parking area pursuant to Section 9.240.120.

(6)

Lights to illuminate off-street parking areas, pedestrian walkways, vehicular access driveways, landscaped areas or buildings.

(7)

Unlighted or non-flashing lighted directional signs located at public entrances to, or exits from, off-street parking areas.

(8)

Unlighted or non-flashing lighted single or double-faced signs not exceeding one hundred (100) square feet in display area per face, identifying a building or the merchandise or activity available on the abutting premises; provided that:

(a)

The sign is necessary to a business to achieve visibility or identification of the business by the traveling public that is substantially equal to that of existing businesses in the area.

(b)

The sign is a permitted use in the zone and does not project over or extend into the existing street right-of-way.

(c)

Not more than one (1) such sign shall be permitted on any lot or parcel.

(d)

The site development permit approval shall clearly fix the proposed location, size, shape and elevation of the sign with respect to the lot or parcel on which it is to be erected.

C.

As a condition to the final approval of a site development permit, the applicant shall sign an agreement that he will remove any such permitted improvements within forty-five (45) days from the date of mailing of a written request to do so by the Public Works Director. The applicant shall further agree that if the permitted improvements are not removed within said forty-five (45) day period, they shall become the property of the city or the public agency having jurisdiction over the right-of-way. The agreement shall be binding upon the applicant, his heirs, successors and assigns.

D.

All the provisions of Section 9.240.330 relating to appeals from a site development permit decision shall apply to permits to construct improvements within planned right-of-way lines.

(Ord. No. 2012-02, § 1, 6-7-2012)

The following regulations shall apply to the commercial stockpiling, drying, mechanical processing and sale of farm animal manure (with the exception of poultry operations) produced on the premises, in any zone that permits such use:

(1)

The minimum parcel size on which such fertilizer processing operation will be permitted is ten (10) gross acres with a minimum parcel width of six hundred and sixty (660) feet.

(2)

Driveways and employee parking areas shall be surfaced with an asphaltic penetration coat at the rate of two (2) gallon per square yard followed in six (6) months by an asphaltic seal coat.

(3)

There shall be no manufacturing of chemical additives on the premises.

(4)

Inorganic chemical additives shall be limited to ten (10) percent by volume of the organic manure processed.

(5)

The use shall comply with all requirements of the Riverside County Department of Environmental Health and the Riverside County Air Pollution Control District and the State Regional Water Quality Control Board.

(6)

Manure stockpiles shall be maintained at least one hundred and fifty (150) feet from any road right-of-way and thirty-five (35) feet from side and rear property lines.

(7)

No manure stockpile shall exceed a height of twenty-five (25) feet.

(8)

Stockpiles shall be shaped to a one to four (4) minimum slope to prevent detrimental water seepage into the ground and minimize the stockpile area subject to rainfall.

(9)

There shall be no draining of runoff water from any stockpile area onto adjoining properties.

A.

Applicability.

(1)

Notwithstanding any other provision of this chapter, commercial WECS or WECS arrays having a total rated power output of one hundred (100) kW or less are permitted in all zoning classifications provided a commercial WECS permit is granted pursuant to this section.

(2)

Commercial WECS or WECS arrays having a total rated power output of more than one hundred (100) kW are permitted in the W-E Zone, and in the W-1 Zone provided a commercial WECS permit is granted pursuant to this section.

B.

Procedure. A public hearing shall be held on an application for commercial WECS permit in accordance with the provisions of Section 9.240.250 and all of the procedural requirements and rights of appeal as set forth therein shall apply. In addition to the notice of hearing provided under Section 9.240.250, notice of hearing shall be given by mailing to all owners of real property which is located within one-half (½) mile of the exterior boundaries of the proposed project, as such owners are shown on the last equalized assessment roll and any update. The hearing body shall be the Planning Commission.

C.

Application. Every application for a commercial WECS permit shall be made in writing to the Community Development Director on the forms provided by the Planning Department and shall be accompanied by the filing fee set forth in County Ordinance No. 671. The permit application shall include the following information:

(1)

Name and address of the applicant.

(2)

Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application.

(3)

A plot and development plan drawn in sufficient detail to clearly describe the following:

(a)

Physical dimensions of the property, existing structures, and proposed structures.

(b)

Location of existing and proposed structures.

(c)

Location of electrical lines and facilities.

(d)

Existing topography.

(e)

Proposed grading and removal of natural vegetation.

(f)

Wind characteristics and dominant wind direction is the direction from which fifty (50) percent or more of the energy contained in the wind flows.

(g)

Setbacks.

(h)

Methods of circulation.

(i)

Ingress and egress identifying the following factors:

(i)

Location and distance to the nearest county or city maintained road;

(ii)

A description of the access route from the nearest county or city maintained road to include:

a.

Road surface material stating the type and amount of surface cover;

b.

Width and length of access route;

c.

Dust control procedures;

d.

A road maintenance schedule or program;

e.

Utilization of the property under the requested permit.

(4)

Utility interconnection data and a copy of written notification to the utility of the proposed interconnection.

(5)

Specific information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each WECS model, tower and electrical transmission equipment.

(6)

A geotechnical report that shall at a minimum include the following:

(a)

Soils engineering and engineering geologic characteristics of the site based upon on-site sampling and testing.

(b)

Foundation design criteria for all proposed structures.

(c)

Slope stability analysis.

(d)

Grading criteria for ground preparation, cuts and fills, soil compaction.

(e)

Detailed fault hazard evaluation prepared by a California registered geologist or certified engineering geologist for WECS located within an Alquist-Priolo Special Studies Zone, County or City Fault Zone, or within one hundred and fifty (150) feet of any other active or potentially active fault.

(f)

Seismic hazards evaluation to include regional seismicity, potential for strong groundshaking, and all appropriate primary and secondary seismic hazards.

(g)

Recommendations regarding the need for automatic shutdown systems in event of ground shaking greater than the seismic design specifications of the WECS and tower.

(7)

A location map to scale of all dwellings within two (2) miles of the boundary of the property upon which the WECS are to be located.

(8)

An analysis to reduce air navigation clutter on airport radar facilities.

(9)

If the Community Development Director determines it is necessary, the application shall be accompanied by a photograph or detailed drawing of each model of WECS including the tower and foundation; and one (1) or more detailed computer or photographic simulation drawing showing the site fully developed with all proposed WECS and accessory structures.

(10)

If the application includes any WECS with a total height over two hundred (200) feet or any WECS which is located within twenty thousand (20,000) feet of the runway of any airport, the application shall be accompanied by a copy of written notification to the Federal Aviation Administration.

(11)

If the application includes any WECS which requires the approval of a greater height limit pursuant to Section 9.240.370, the two (2) applications shall be filed concurrently.

(12)

An application including any WECS which is located within two (2) miles of any microwave communications link shall be accompanied by a copy of a written notification to the operator of the link.

(13)

An application including any WECS which is located within a one hundred (100) year flood plain area, as such flood hazard areas are shown on the maps designated in County Chapter 8.15, shall be accompanied by a detailed report which shall address the potential for wind erosion, water erosion, sedimentation and flooding, and which shall propose mitigation measures for such impacts.

(14)

Such additional information as shall be required by the Community Development Director.

D.

Standards and development criteria. No person shall erect or maintain a commercial WECS in the city except in accordance with the following provisions.

(1)

Safety setbacks. No commercial WECS shall be located where the center of the tower is within the distances indicated in the following table:

(2)

Wind access setbacks.

(a)

No commercial WECS shall be located where the center of the tower is within a distance of five (5) rotor diameters from a lot line that is perpendicular to and downwind of, or within forty-five (45) degrees of perpendicular to and downwind of, the dominant wind direction.

(b)

Notwithstanding the provisions of subsection (D)(2)(a) of this section, such setbacks from lot lines do not apply if the application is accompanied by a legally enforceable agreement for a period of twenty-five (25) years or the life of the permit, whichever is longer, that the adjacent landowner agrees to the elimination of the setback and will not develop his land in such a way as to decrease wind velocity or increase wind turbulence at the location of the proposed WECS. In addition, the provisions of subsection (D)(2)(a) of this section regarding setbacks from lot lines do not apply if Planning Commission determines that the characteristics of the downwind property, such as, but not necessarily limited to, topography or use of such property as a transportation corridor, eliminate the ability to develop said downwind property with commercial WECS. Whenever a wind access setback reduction is proposed to the Planning Commission based on the characteristics of the downwind property, the wind access setback reduction shall be included in all notices regarding the commercial WECS permit, and, if granted, the commercial WECS permit shall specifically state the required alternative wind access setback.

(3)

Safety and security.

(a)

Fencing or other appropriate measures shall be required to prevent unauthorized access to the WECS or WECS array.

(b)

Guy wires shall be distinctly marked.

(c)

Signs in English and Spanish warning of the electrical and other hazards associated with the WECS shall be posted at the base of each tower and on fences or barriers.

(d)

Horizontal-axis WECS. The lowest extension of the rotor of a horizontal-axis WECS shall be at least twenty-five (25) feet from the ground.

(e)

Vertical-axis WECS. A fence or other barrier shall be elected around a vertical-axis WECS whose rotors are less than fifteen (15) feet from the ground.

(f)

A security patrol or other security measure may be required if specified within the conditions of approval of a commercial WECS permit.

(4)

Seismic safety. All WECS including the tower, foundation and accessory structures, shall comply with the requirements of the applicable seismic zone of the California Building Code, the applicable ground shaking zone in the Jurupa Valley Comprehensive General Plan, and with the seismic design recommendation in an approved geotechnical report on the project.

(5)

Fire protection. Upon recommendation of the County Fire Department, commercial WECS and WECS arrays shall include fire control and prevention measures. No construction permit shall be issued for any human occupancy structure upon the property containing commercial WECS and WECS arrays without first establishing fire protection requirements; this requirement includes the establishment of a minimum fire flow per Chapter 8.10. Additional measures required for fire control and prevention shall be stated in the conditions of approval of a commercial WECS permit, and such measures may include, but are not limited to, the following:

(a)

Areas indicated below to be cleared of vegetation and maintained as a fire/fuel break as long as the WECS or WECS array is in operation:

(i)

Thirty (30) feet around the periphery of the WECS or WECS array; access driveways and roads that completely surround the project may satisfy this requirement as approved by the County Fire Department.

(ii)

Ten (10) radius feet around all transformers and WECS towers and their foundations.

(iii)

Thirty (30) feet around all buildings.

(iv)

All buildings or equipment enclosures of substantial size containing control panels, switching equipment, or transmission equipment, without regular human occupancy, shall be equipped with an automatic fire extinguishing system of a Halon or dry chemical type, as approved by the County Fire Department.

(b)

Service vehicles assigned to regular maintenance or construction at the WECS or WECS array shall be equipped with a portable fire extinguisher of a 4A40 BC rating.

(c)

All motor driven equipment shall be equipped with approved spark arrestors.

(6)

Interconnection and electrical distribution facilities. All distribution lines, electrical substations, and other interconnection facilities shall be constructed to the specifications of the utility. Interconnection shall conform to procedures and standards established by the Federal Energy Regulatory Commission, the California Independent System Operator and/or the California Public Utilities Commission, as applicable.

(7)

Unsafe and inoperable WECS.

(a)

Unsafe commercial WECS, inoperable commercial WECS, and commercial WECS for which the permit has expired shall be removed by the owner. All safety hazards created by the installment and operation of the WECS shall be eliminated and the site shall be restored to its natural condition to the extent feasible. A bond or other appropriate form of security may be required to cover the cost of removal and site restoration.

(b)

Every unsafe commercial WECS and every inoperable commercial WECS is hereby declared to be a public nuisance which shall be subject to abatement by repair, rehabilitation, demolition, or removal in accordance with the procedure contained in Section 8.05.010(13). Every commercial WECS shall be subject to the provisions of this subsection commencing with the date of issuance of final building permit inspection approval. An inoperable commercial WECS shall not be considered a public nuisance provided the owner can demonstrate that modernization, rebuilding or repairs are in progress or planned and will be completed within no more than six (6) months.

(i)

A commercial WECS constructed pursuant to a commercial WECS permit with an effective date prior to July 23, 1985, shall be deemed inoperable if it has not generated power for twelve (12) consecutive months.

(ii)

A commercial WECS permit constructed pursuant to a commercial WECS permit with an effective date on or after July 23, 1985, shall be deemed inoperable if it has not generated power within the preceding two (2) calendar quarters equal to at least sixty (60) percent of the total "Projected Quarterly Production Per Turbine (kWh)" for the two (2) calendar quarters. As used herein, the term "Projected Quarterly Production Per Turbine (kWh)" shall be defined as provided in Section 1382 of Title 20 of the California Administrative Code.

(c)

All notices required under Section 8.05.010(13) shall also be given to the concerned utility.

(8)

Interference with navigational systems.

(a)

No commercial WECS or WECS array shall be installed or operated in a manner that causes interference with the operation of the VORTAC installation on Edom Hill.

(b)

All WECS siting shall comply with Federal Aviation Administration regulations for siting structures near an airport or VORTAC installation.

(c)

All WECS shall include a locking mechanism which prevents the blades from rotating when not producing power, in order to limit airport radar interference or "clutter". The Planning Commission may modify or eliminate the requirement for a locking mechanism if sufficient evidence is presented that no significant airport radar interference or "clutter" will be caused by the WECS or WECS array.

(9)

Site disruption. Prior to the issuance of building permits for a commercial WECS development, all areas where significant site disruption is proposed shall be temporarily marked off. All construction activities shall be limited to the areas marked off.

(10)

Certification.

(a)

The foundation, tower and compatibility of the tower with the rotor and rotor-related equipment shall be certified in writing by a structural engineer registered in California that they conform with good engineering practices and comply with the appropriate provisions of the California Building Code as adopted by the city.

(b)

The electrical system shall be certified in writing by an electrical engineer, registered in California, that it conforms with good engineering practices and complies with the appropriate provisions of the California Electrical Code as adopted by the city.

(c)

The rotor overspeed control system shall be certified in writing by a mechanical engineer, registered in any state, that it conforms with good engineering practices.

(11)

Noise.

(a)

Permit approval.

(i)

A commercial WECS permit shall not be granted unless the applicant demonstrates that the proposed WECS or WECS array complies with the setbacks requiring no acoustical studies as set forth in subsection (D)(11)(a) of this section, or that the projected WECS noise level will comply with the noise standards as set forth in subsection (D)(11)(a)(iii) of this section. The projected WECS noise level is the level of noise projected to be produced by all commercial WECS proposed under the permit application and shall be calculated in accordance with the technical specifications and criteria adopted pursuant to subsection (D)(11)(c) of this section. A variance from this property development standard may be granted pursuant to the provisions of Section 9.240.270.

(ii)

WECS array setbacks requiring no acoustical studies. WECS arrays with ten (10) or fewer WECS (comprised of WECS designed "in accordance with proven good engineering practices") set back (where each WECS in the array are) two thousand (2,000) feet or more from the nearest receptor as set forth in subsection (D)(11)(a)(v) of this section, shall be permitted without an acoustical study. WECS arrays with more than ten (10) WECS (comprised of WECS designed "in accordance with proven good engineering practices") can qualify for this condition if each WECS in the array is set back three thousand (3,000) feet or greater. WECS designed with the following characteristics shall be deemed "in accordance with proven good engineering practices": at least three (3) blades; upwind rotor; no furling; tapered and twisted blades; airfoils designed to stall softly (defined in technical specifications and criteria adopted pursuant to subsection (D)(11)(c) of this section. WECS arrays approved under this subsection shall have noise standards as set forth in subsection (D)(11)(a)(iii) of this section.

(iii)

Noise standards. The projected WECS noise level to each receptor (as set forth in subsection (D)(11)(a)(v) of this section shall be at or below fifty-five (55) dB(A) weighted (unless at setback distances as set forth in subsection (D)(12)(a)(ii) of this section, are adhered to).

(iv)

The noise standard set forth in subsection (D)(11)(a)(iii) of this section, shall be reduced by five (5) dB(A) where it is projected that pure tone noise will be generated. A pure tone shall exist if the one-third (⅓) octave band sound pressure level in the bandwidth of the tone exceeds the arithmetic average of the sound pressure levels on the two (2) contiguous one-third (⅓) octave bands by five (5) dB for center frequencies of five hundred (500) Hz and above, and eight (8) dB for center frequencies between one hundred and sixty (160) and four hundred (400) Hz, and by fifteen (15) dB for center frequencies less than or equal to one hundred and twenty-five (125) Hz.

(v)

Receptor (the point of measurement) for the calculation of the WECS noise level projected pursuant to subsection (D)(11)(a)(i) of this section shall be determined as follows:

a.

Existing structures in the vicinity of the commercial WECS project property which are actually used as a "habitable" dwelling, hospital, school, library, or nursing home shall be identified.

b.

The point of measurement shall be a point ten (10) feet from the outer wall, or equivalent distance, from the WECS being measured to any "habitable" dwelling, hospital, school, library or nursing home.

(vi)

Low frequency noise criteria. Where acoustical studies are required, and the WECS are not designed in "accordance with proven good engineering practices" as defined in subsection (D)(11)(a)(ii) of this section, the low frequency noise shall not exceed the following at a receptor: Seventy-five (75) dB, C weighted (five (5) to one hundred (100) hertz) or Predicted C(PC) for nonimplusive WECS; sixty-seven (67) dB, C weighted (five (5) to one hundred (100) hertz) or PC for impulsive WECS (as defined in technical specification and criteria adopted pursuant to subsection (D)(11)(c) of this section. WECS array low frequency impacts shall be calculated in accordance with technical specifications and criteria adopted pursuant to subsection (D)(11)(c) of this section.

(b)

Operations.

(i)

Unless the conditions of approval provide a more restrictive standard, a commercial WECS or WECS array shall not be operated so that noise is created exceeding sixty (60) dB(A) where the point of measurement is a point ten (10) feet from the outer wall, or equivalent distance, from the WECS being measured to any "habitable" dwelling, hospital, school, library or nursing home.

(ii)

A commercial WECS or WECS array shall not be operated so that impulsive sound below twenty (20) Hz adversely affects the habitability or use of any dwelling unit, hospital, school, library, or nursing home.

(c)

All noise measurements and noise projections shall be made in accordance with the technical specifications and criteria developed by the Riverside County Department of Environmental Health and adopted by resolution of the City Council.

(d)

A toll-free telephone number shall be maintained for each commercial WECS project and shall be distributed to surrounding property owners to facilitate the reporting of noise irregularities and equipment malfunctions.

(12)

Electrical distribution lines.

(a)

Electrical distribution lines on the project site shall be undergrounded up to the low voltage side of the step-up transformer or to the utility interface point of an on-site substation.

(b)

Any electrical distribution line of less than thirty-four (34) kV, not subject to the jurisdiction of the California Public Utilities Commission, which is located within one mile of a state scenic highway or a highway designated in the scenic highway element of the General Plan, or within an area designated by the Community Development Director as visually critical or very critical, shall be installed underground if such installation is feasible.

(13)

Monitoring. Upon reasonable notice, city officials or their designated representatives may enter a lot on which a commercial WECS permit has been granted for the purpose of monitoring noise environmental impacts, and other impacts which may arise. Twenty-four (24) hours advance notice shall be deemed reasonable notice.

(14)

Height limits. A commercial WECS or WECS array shall conform to height limits of the zoning classification in which it is located. A lower height limit may be imposed as a condition of a commercial WECS permit.

(15)

Development impacts. A one-time fee and a requirement to provide public works or services may be imposed as a condition of a commercial WECS permit. Such exactions must be related to the public need created by the energy development. The purposes for which the permit exaction may be used include, but are not limited to, providing roads required by the wind development, and establishing and operating a monitoring system, a visitor center that is primarily oriented toward wind development and a wind energy information program for local residents.

(16)

Signs. No advertising sign or logo shall be placed or painted on any commercial WECS. A commercial WECS permit may permit the placement of no more than two (2) advertising signs relating to the development on the project site, but no such sign shall exceed fifteen (15) square feet in surface area or eight (8) feet in height.

(17)

Color and finish of WECS. All commercial WECS shall be either light environmental colors (such as white, beige, or tan), or darker fully saturated colors (such as dark blue, maroon, rust red, or dark green), or galvanized. All commercial WECS shall have a matte or galvanized finish which weathers to a lusterless condition within six (6) months unless such finish adversely affects the performance of the WECS or other good cause is shown to permit any other finish.

(18)

Contingent approval. A commercial WECS permit may be granted subject to necessary approvals from the Federal Aviation Administration or other approving authorities and utility acceptance of any electrical interconnection.

(19)

General conditions. The city may impose conditions on the granting of a commercial WECS permit in order to achieve the purposes of this chapter and the General Plan and to protect the health, safety or general welfare of the community.

(20)

Findings. The following findings shall be made in writing prior to granting a commercial WECS permit:

(a)

The project will be consistent with the Comprehensive General Plan.

(b)

The project will not be detrimental to the health, safety or general welfare of the community.

(c)

The project site is or will be adequately served by roads and other public or private service facilities.

(21)

Notification. Upon approval of a commercial WECS permit, the Planning Department shall provide written notice to the California Energy Commission and the concerned utility.

E.

Use of permit.

(1)

Any commercial WECS permit that is granted shall be used within two (2) years from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of five (5) years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than five (5) years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the City Council, on forms provided by the Planning Department and shall be filed with the Community Development Director, accompanied by the fee set forth in County Ordinance No. 671. Within thirty (30) days following the filing of a request for an extension, the Community Development Director shall review the application, make a recommendation thereon, and forward the matter on the regular agenda of the City Council. An extension of time may be granted by the City Council upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of five (5) years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

(2)

Life of permit. A commercial WECS permit shall be valid for the useful life of the WECS included in the permit. The life of the permit shall be determined at the time of approval and shall not exceed thirty (30) years.

F.

Revocation of permit. A commercial WECS permit may be revoked pursuant to Section 9.240.340.

(Ord. No. 2021-09, § 4, 4-15-2021)

A.

Applicability. Notwithstanding any other provision of this chapter, an accessory wind energy conversion system (WECS) may be permitted in any zone classification provided that an accessory WECS permit is granted pursuant to the provisions of this section.

B.

Procedure. Applications and permit approval for an accessory WECS permit shall be governed by all the provisions of Section 9.240.330 and of this section.

C.

Application. Applications for an accessory WECS permit shall be made in writing to the Community Development Director on the forms provided by the Planning Department and shall be accompanied by the filing fee set forth in County Ordinance No. 671. In addition to the information specified in Section 9.240.330, the permit application shall include the following:

(1)

A photograph or detailed drawing of the WECS including the tower.

(2)

Specific information on the WECS including: type, size, rated power output, rotor material, performance, safety, and noise characteristics.

(3)

Specific information on the type, height, and material of the tower.

(4)

Proof of notification to the utility of the proposed interconnection.

(5)

Dominant wind direction at the site. Dominant wind direction is the direction from which fifty (50) percent or more of the energy contained in the wind flows.

(6)

If the WECS requires approval of a greater height limit pursuant to Section 9.240.370, the two (2) applications shall be filed concurrently.

D.

Requirements for approval. No accessory WECS permit shall be approved unless it complies with the following standards:

(1)

The WECS rotor shall clear the ground by at least fifteen (15) feet.

(2)

Safety setbacks. No accessory WECS shall be located where the center of the tower is within the distance indicated in the following table:

(3)

Wind access setbacks.

(a)

No accessory WECS shall be located where the center of the tower is within a distance of five (5) rotor diameters from a lot line that is perpendicular to and downwind of, or within forty-five (45) degrees of perpendicular to and downwind of, the dominant wind direction.

(b)

Notwithstanding the provisions of subsection (D)(3)(a) of this section, such setbacks from lot lines do not apply if the application is accompanied by a legally enforceable agreement for a period of twenty-five (25) years or the life of the permit, whichever is longer, that the adjacent landowner agrees to the elimination of the setback and will not develop his land in such a way as to decrease wind velocity or increase wind turbulence at the location of the proposed accessory WECS. In addition the provisions of subsection (D)(3)(a) of this section, regarding setbacks from lot lines do not apply if the Community Development Director determines that the characteristics of the downwind property, such as, but not necessarily limited to, topography or use of such property as a transportation corridor, eliminate the ability to develop said downwind property with WECS. Whenever a wind access setback reduction is proposed to the Community Development Director based on the characteristics of the downwind property, the wind access setback reduction shall be included in all notices regarding the accessory WECS permit, and, if granted, the accessory WECS permit shall specifically state the required alternative wind access setback.

(4)

Access to the WECS shall be restricted by one or more of the following means:

(a)

Tower-climbing apparatus located no closer than twelve (12) feet from the ground;

(b)

A locking anticlimb device installed on the tower; or

(c)

Enclosure of the tower by a fence at least six (6) feet high with locking portals.

(5)

Anchor points for guy wires shall be located within the lot lines and shall be enclosed by a fence at least six (6) feet high. Guy wires shall not cross any above-ground electric transmission or distribution line.

(6)

The WECS shall comply with Federal Aviation Administration (FAA) regulations regarding air traffic interference and with all other applicable federal and state laws.

(7)

The WECS shall be constructed to withstand the predicted seismically induced ground shaking.

(8)

All distribution lines and other interconnection facilities shall be constructed to the specifications of the utility. Interconnection shall conform to procedures and standards established by the Federal Energy Regulatory Commission, the California Independent System Operator and/or the California Public Utilities Commission, as applicable.

(9)

Electrical distribution lines shall be buried underground. Signs warning of high voltage electricity in English and Spanish shall be posted on non-moving portions of the WECS or its tower at a height of three (3) to five (5) feet above the ground.

(10)

The WECS shall not be operated in a manner that causes communications interference. In the event that communications interference is caused by the WECS, the operator shall take the necessary steps to remedy the situation or shall terminate operation.

(11)

The WECS shall not create noise beyond the lot containing the WECS which exceeds sixty (60) db(A) as measured at a point ten (10) feet from the outer wall, or equivalent distance, to any "habitable" dwelling, hospital, school, library or nursing home.

(12)

The foundation, tower and compatibility of the tower with the rotor and rotor related equipment shall be certified in writing by a structural engineer registered in California, that they conform with good engineering practices and comply with the appropriate provisions of the California Building Code, as adopted by the city. The electrical system shall be certified in writing by an electrical engineer, registered in California, that it conforms to good engineering practices and complies with the appropriate provisions of the electrical code adopted by the city. The mechanical system shall be certified in writing by a mechanical engineer, registered in any state, that it conforms to good engineering practices and complies with appropriate provisions of the mechanical code adopted by the city. As an alternative to certification of the mechanical system as provided above, the applicant may present a statement from either a registered engineer or an independent testing laboratory recognized by the county that the system complies with standards developed by the American Wind Energy Association or other accepted standards organization.

(13)

Every unsafe accessory WECS and every accessory WECS which has been inoperable for six (6) months is hereby declared to be a public nuisance which shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure contained in Section 8.05.010(12). All notices required by Section 8.05.010 shall also be given to the concerned utility.

(14)

The WECS shall comply with all applicable provisions of the California Electrical Code as adopted by the city, including, but not limited to, Article 250 (Grounding).

(15)

Notwithstanding any other provision of this chapter, an accessory WECS with a total height of eighty (80) feet or less may be permitted in any zone classification.

E.

Approval period. The approval of an Accessory WECS permit shall be valid for a period of two (2) years from its effective date, within which time the construction authorized must be substantially begun or the WECS be in use; otherwise, the approval shall be void and of no further effect.

F.

Revocation of permit. An accessory WECS permit may be revoked pursuant to Section 9.240.340.

(Ord. No. 2021-09, § 4, 4-15-2021)

A request for approval of a modification to an approved wind energy conversion system (WECS) permit shall be made in accordance with the provisions of this section. A modification under this section means a request for a determination of substantial conformance or a revised permit as further defined herein.

(1)

Applications. Applications for substantial conformance or a revised permit shall be filed in writing with the Community Development Director, shall be accompanied by the applicable fee set forth in County Ordinance No. 671,and shall include the following:

(a)

All information required under this chapter for the filing of a new WECS permit application, unless the Community Development Director determines that the information is duplicative of information previously filed in connection with the approved WECS permit or the Community Development Director otherwise waives the information requirement.

(b)

A statement explaining the proposed modification and the reason the modification has been requested.

(c)

A list of names and addresses of all owners of real property located within one-half (½) mile of the exterior boundaries of the proposed project as shown on the last equalized assessment roll and any update issued by the County Assessor.

(d)

A study comparing the cumulative effect of the approved WECS permit on surrounding properties and the cumulative effect of the proposed modification on those same properties. The study shall, at a minimum, discuss the following issues: height, rotor diameter, turbine noise, and total turbine number.

(e)

An efficiency study comparing the electrical output of the approved WECS permit and the proposed modification.

(f)

A removal/abandonment plan if the proposed modification calls for the removal of installed WECS.

(g)

Such additional information as shall be required by the Community Development Director.

(2)

Substantial conformance. Substantial conformance means a modification of an approved WECS permit which does not increase the density or intensity of the approved use, which does not increase the number of WECS, which does not result in more environmental impacts than the approved use and which does not have a greater cumulative effect on surrounding property than the approved use. The following shall constitute substantial conformance:

(a)

The replacement of WECS installed or authorized pursuant to an approved WECS permit when:

(i)

The replacement WECS meet the noise standards set forth in Chapter 11.05;

(ii)

The total number of replacement WECS will be at least twenty-five (25) percent less than the number originally permitted;

(iii)

The replacement WECS will be no greater than two hundred (200) feet high measured at the highest point in the arc of the blades;

(iv)

WECS installed or authorized within one thousand, two hundred (1,200) feet of a residence will be removed.

(b)

The replacement or alteration of all or part of the major component systems of WECS installed or authorized pursuant to an approved WECS permit when:

(i)

The modified WECS meet the noise standards set forth in Chapter 11.05;

(ii)

Rotor diameter of the modified WECS will not be increased by more than fifty (50) percent of its prior size;

(iii)

The replacement WECS will be no greater than two hundred (200) feet high measured at the highest point in the arc of the blades; and

(iv)

WECS installed or authorized within one thousand, two hundred (1,200) feet of a residence will be removed. Substantial conformance may also include, but is not limited to, the following:

a.

Other replacement or alteration proposals which fall within the definition of substantial conformance set forth above;

b.

Modifications necessary to comply with final conditions of approval; or

c.

Modifications to lighting, parking, fencing or landscaping requirements.

(3)

Revised permits. Revised permit means a modification of an approved WECS permit which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, on-site reorientation of structures, replacements of WECS, that do not constitute substantial conformance, movement of or alterations to signs, changes to the original conditions of approval that do not constitute to substantial conformance, including extensions to the overall life of the permitted use, increases in the density or intensity of the permitted use or increases in the number of WECS. Applications for extensions of time shall be subject to any restrictions set forth in this chapter as to the maximum overall life of the original permit.

(4)

Procedure.

(a)

Substantial conformance.

(i)

The Community Development Director shall approve, conditionally approve or disapprove an application for substantial conformance within thirty (30) days after accepting a completed application. The Community Development Director's determination shall be based upon the standards of this section and those standards set forth in this chapter governing approval of the original application and the conditions of approval applicable to the approved WECS permit. An application for substantial conformance shall not require a public hearing. Notice of the decision shall be filed by the Community Development Director with the city Clerk not more than fifteen (15) days after the decision. A copy of the notice of decision, including the original conditions of approval which remain in effect unless expressly modified and any additional conditions of approval, shall be mailed to the applicant, and to any person who has made written request for a copy of the decision, and to all owners of real property which is located within one-half (½) mile of the exterior boundaries of the project, as such owners are shown on the last equalized tax roll and any update. The city Clerk shall place the notice of decision on the next agenda of the City Council held five (5) or more days after the Clerk receives the notice from the Community Development Director.

(ii)

An appeal of the Community Development Director's decision shall be filed and processed pursuant to the provisions of Section 9.50.100 and subject to the provisions of Section 9.05.110, provided, however, that the references to the Planning Commission shall be deemed to refer to the Community Development Director's decision.

(iii)

The City Council shall hear the matter de novo; however, the documents and other evidence presented to the Community Development Director shall be a part of the City Council record at its hearing on the matter. The City Council shall hear relevant testimony from interested persons and within a reasonable time after the close of the hearing, make its decision sustaining, reversing or modifying the decision of the Community Development Director.

(b)

Revised permit. An application for revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall meet the development standards applicable to a new WECS permit; provided, however, that a revised permit may be approved subject to lower development standards where the applicant demonstrates that such approval will reduce adverse impacts on residential properties.

(5)

Approval period. The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.

(6)

Exemption. Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.).

(Ord. No. 2019-05, § 11, 2-21-2019; Ord. No. 2021-09, § 4, 4-15-2021)

A request for approval of a modification to an approved site development permit, conditional use permit, public use permit, second unit permit, mobilehome permit under Chapter 9.255, or variance, shall be made in accordance with the provisions of this section. A modification under this section means a determination of substantial conformance or a request for a revised permit as further defined herein. These provisions shall not be applicable to wind energy conversion system permits.

(1)

Applications. Applications for substantial conformance or revised permit shall be filed in writing with the Community Development Director, accompanied by the fees as set forth in County Ordinance No. 671, and shall include the following:

(a)

All information required under this chapter for the filing of a new application for the permit sought to be modified, unless the requirement is waived by the Community Development Director.

(b)

A statement explaining the proposed modification and the reason the modification has been requested.

(c)

A list of names and addresses of all owners of real property as required by the city, and such additional names and addresses required in order to conform with the notification requirements for processing a permit if the application requires a public hearing.

(d)

Such additional information as shall be required by the Community Development Director.

(2)

Requests for substantial conformance.

(a)

A substantial conformance is a request for a non-substantial modification of an approved permit which does not change the original approval or the effect of the approval on surrounding property. A substantial conformance may include, but is not limited to the following:

(i)

Modifications for upgrading facilities.

(ii)

Modifications for compliance with the requirements of other public agencies.

(iii)

Modifications necessary to comply with the final conditions of approval.

(iv)

Modifications to on-site circulation and parking, lighting, fencing or walls (placement and/or height), landscaping and/or signage requirements, provided said modifications, as determined by the Community Development Director, will have no adverse effect upon public health, safety, welfare, and/or the environment.

(b)

In the case of wireless communication facilities, a substantial conformance is a request for a non-substantial modification of an existing wireless communication facility that does not do any of the following:

(i)

Increase the height of the facility.

(ii)

Increase the lease area by more than one thousand (1,000) square feet.

(iii)

Enlarge the lease area such that it is closer than twenty-five (25) feet to the nearest residential property line.

(iv)

Propose an additional facility that is larger than the existing facility or that is substantially different from the existing facility.

(c)

Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.).

(3)

Revised permits. A revised permit means a modification of an approved permit which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, a significant increase in intensity of the approved use, changes resulting in significant adverse effects, expansion within the approved permit area, and changes to the original conditions of approval, including extensions to the overall life of the permitted use, as determined by the Community Development Director.

(4)

Processing procedures.

(a)

Substantial conformance. The Community Development Director shall approve, conditionally approve or disapprove an application for substantial conformance within thirty (30) days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person who has filed a written request for notice.

(i)

The Community Development Director's determination shall be based upon the standards of this section and those standards set forth in this chapter for the approval of an original application.

(ii)

An application for substantial conformance shall not require a public hearing.

(b)

Revised permit. An application for a revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall be subject to the development standards applicable to approval of a new permit.

(5)

Approval period. The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.

(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2021-09, § 4, 4-15-2021)

A.

Statement of intent and policy. Because of the increasing problems associated with the disposal of hazardous wastes within the city, it is necessary to provide specific requirements applicable to the siting or expansion of a hazardous waste facility in order to safeguard life, health, property and the public welfare.

B.

Applicability.

(1)

A hazardous waste facility is permitted in the M-H (Manufacturing-Heavy) Zone provided a hazardous waste facility siting permit is first granted pursuant to this section.

(2)

As used herein, the terms "hazardous waste" and "extremely hazardous waste" shall include any wastes now or hereafter defined as hazardous or extremely hazardous by applicable provisions of Health and Safety Code Division 20, Chapter 6.5 (Health & Saf. Code Section 25100 et seq.) and the regulations adopted thereunder. As used herein, the term "hazardous waste" shall not include any "extremely hazardous waste".

(3)

As used herein, the term "hazardous waste facility" shall include any off-site facility at which hazardous waste is treated, stored, transferred, handled or disposed of, including but not limited to:

(a)

Incineration facilities such as rotary kiln or fluidized bed incinerators;

(b)

Residuals repositories;

(c)

Stabilization or solidification facilities;

(d)

Chemical oxidation facilities;

(e)

Neutralization or precipitation facilities;

(f)

Transfer or storage facilities.

(4)

No application for a permit to site a hazardous waste facility shall be accepted, which application proposes to treat, store, transfer, handle or dispose of extremely hazardous waste at the proposed facility, nor shall any hazardous waste facility which is issued a siting permit pursuant to this section at any time accept any extremely hazardous waste for treatment, storage, transfer, handling or disposal.

C.

Procedure.

(1)

A public hearing shall be held on an application for a hazardous waste facility siting permit in accordance with the provisions of Section 9.240.250, and except as otherwise expressly provided herein, all of the procedural requirements and rights of appeal as set forth therein shall apply. The hearing body shall be the Planning Commission.

(2)

In addition to the notice of hearing provided under Section 9.240.250, notice of hearing on an application for a hazardous waste facility siting permit shall be given by mail at least ten (10) days prior to the hearing to:

(a)

All owners of real property which is located within five (5) miles of the exterior boundaries of the subject property as such owners are shown on the last equalized assessment roll and any update; and

(b)

All registered voters residing within five (5) miles of the exterior boundaries of the subject property.

(3)

No application for a hazardous waste facility siting permit shall be approved unless an environmental impact report is completed in accordance with the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.) and the Jurupa Valley Rules Implementing CEQA.

D.

Application. Every application for a hazardous waste facility siting permit shall be made in writing to the Community Development Director on the forms provided by the Planning Department and shall be accompanied by the filing fee as set forth in County Ordinance No. 671. The permit application shall include the following information:

(1)

Name and address of the applicant.

(2)

Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application.

(3)

A plot and development plan drawn in sufficient detail to clearly describe the following:

(a)

Physical dimensions of property and structures.

(b)

Location of existing and proposed structures.

(c)

Setbacks.

(d)

Methods of circulation.

(e)

Ingress and egress.

(f)

Utilization of property under the requested permit.

(g)

The distance from the project property line to the nearest residential structure.

(h)

Proximity of the project to one hundred (100) year flood prone areas.

(i)

Proximity of the project to any known earthquake fault zones.

(j)

The relationship of the proposed project to all aboveground water supplies and all known underground aquifers that might suffer contamination.

(k)

Topographic description of the property and surrounding area.

(l)

A preliminary geological study of the property and the surrounding area including a soils analysis extending to all known aquifers, regardless of the potability of the waters of those aquifers.

(m)

Existing and proposed utilities which will be required to service the facility.

(4)

Identification of all wastewater, treated and untreated, which will be generated by the proposed facility and the method and place of final discharge.

(5)

An analysis of all visual, noise and olfactory impacts associated with the project and proposed mitigation measures.

(6)

An analysis of all air quality impacts associated with the project and proposed mitigation measures to insure no degradation of air quality in the area.

(7)

Identification of any rare or endangered species of plants or animals within the project site and proposed impact mitigation measures.

(8)

Identification of the amounts, sources, and types of hazardous wastes to be treated, stored, transferred, handled or disposed of at the proposed facility; the ultimate disposition of the wastes; and the anticipated life of the facility. Information as to the amounts, sources, and types of hazardous wastes shall be based on an actual survey of the industries to be served and shall be representative of the wastes that will be processed at the facility.

(9)

Three (3) sets of mailing labels for all owners of real property located within five (5) miles of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll and any update; and three (3) sets of mailing labels for all registered voters residing within five (5) miles of the exterior boundaries of the subject property. These mailing labels need not accompany the application but shall be supplied by the applicant prior to the public hearing upon notice from the Community Development Director.

(10)

A risk assessment that analyzes in detail the probability of accidents or discharges both at the facility and in transportation to and from the facility. The risk assessment shall identify mitigation measures to reduce identified risks, and shall identify the routes proposed for transporting hazardous wastes to and from the facility.

(11)

A plan providing for an ongoing monitoring program to ensure no unintentional release of any hazardous substance from the facility. The plan shall include any monitoring required by other permitting agencies.

(12)

All applications shall contain a designation of at least two (2) reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act (Pub. Resources Code Section 21000 et seq.).

(13)

A plan for supplementary public review and comment on the proposed project prior to the public hearing. This plan shall provide for adequate public review and comment on the project in order to reduce public concerns prior to formal public hearing.

(14)

A contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. The contingency plan shall satisfy all requirements of Health and Safety Code Division 20, Chapter 6.5 (Health & Saf. Code Section 25100 et seq.) and the regulations adopted thereunder.

(15)

Such additional information as shall be required by the Community Development Director.

E.

Standards and development criteria. No person shall erect, maintain or operate a hazardous waste facility in the city except in accordance with the following provisions:

(1)

Approval. All internal roads and all access roads to the proposed facility shall be constructed or improved to city standards as approved by the Public Works Department.

(2)

Locational criteria.

(a)

No hazardous waste facility, except a transfer facility or a storage facility, shall be located closer than one thousand five hundred (1,500) feet from any lot line.

(b)

No hazardous waste facility shall be located within two thousand (2,000) feet of the lot line of any lot actually used or zoned for residential use. This setback shall not apply to an on-site caretaker residence.

(c)

No hazardous waste facility shall be located within a dam inundation zone.

(d)

No hazardous waste facility shall be located within a liquefaction area.

(3)

Safety and security.

(a)

The permit holder shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto any portion of the facility.

(b)

The permit holder shall provide a twenty-four (24) hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility.

(c)

An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff) shall be constructed which completely surrounds the facility.

(d)

All gates or other entrances to the facility shall be provided with adequate means to control entry at all times. Signs with the legend, "Danger—Hazardous Waste Area - Unauthorized Personnel Keep Out", shall be posted at each entrance to the facility and at sufficient other locations to be seen from any approach. The legend shall be written in English, Spanish, and any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least twenty-five (25) feet.

(4)

Seismic safety. A hazardous waste facility shall comply with the requirements of the applicable seismic zone of the California Building Code, the applicable ground shaking zone in the General Plan, or with the seismic design recommendation in an approved geotechnical report on the project.

(5)

Monitoring.

(a)

Upon reasonable notice, city officials or their designated representatives may enter a parcel on which a hazardous waste facility siting permit has been granted for the purpose of monitoring the operation of the facility.

(b)

The holder of a hazardous waste facility siting permit shall report quarterly to the city the amount, type and disposition of all wastes processed by the facility. The report shall include copies of all manifests showing the delivery and types of hazardous waste. The report shall also include a map showing the exact location (coordinates and elevation), quantities and types of wastes placed in repositories or otherwise stored or disposed of on the site.

(6)

Signs. No more than two (2) advertising signs will be permitted relating to the development on the project site. No such sign shall exceed fifteen (15) square feet in surface area or eight (8) feet in height.

(7)

Waste beyond the city. No hazardous waste facility siting permit shall be granted for the treatment, storage, transfer, handling or disposal of an amount or type of waste beyond that generated within the city unless satisfactory compensation is arranged through the Southern California Hazardous Waste Management Authority.

(8)

Additional wastes. A hazardous waste facility siting permit shall be granted for only those wastes and quantities of wastes specified in the conditions of approval. No additional types of wastes or increases in the quantities of approved wastes shall be allowed beyond those specified in the approved permit unless a separate application is made therefor in accordance with the same procedures as those required for an initial application.

(9)

Emergency procedures. Every hazardous waste facility shall have a contingency plan for emergency procedures designed to minimize hazards to human health and the environment from fires, explosions, or unplanned release of hazardous waste or hazardous waste constituents to air, soil, or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. The contingency plan shall satisfy all requirements of Health and Safety Code Division 20, Chapter 6.5 (Health & Saf. Code Section 25100 et seq.) and the regulations adopted thereunder. Copies of the plan and all amendments to the plan shall be filed with all local emergency response officials and the Riverside County Department of Environmental Health.

(10)

Closure.

(a)

Every hazardous waste facility shall have a written closure plan. The plan shall identify steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the end of its intended operating life. The closure plan shall satisfy all requirements of the Health and Safety Code Division 20, Chapter 6.5 (Health & Saf. Code Section 25100 et seq.) and the regulations adopted thereunder. A copy of the closure plan and all revisions to the plan shall be filed with the Riverside County Department of Environmental Health and shall be kept at the facility until closure is completed.

(b)

Every hazardous waste facility where hazardous waste will remain after closure shall have a written post-closure plan providing for post-closure monitoring, care, and maintenance. The post-closure plan shall satisfy all requirements of Health and Safety Code Division 20, Chapter 6.5 (Health & Saf. Code Section 25100 et seq.) and the regulations adopted thereunder. A copy of the post-closure plan and all revisions to the plan shall be filed with the Riverside County Department of Environmental Health.

(c)

The holder of a hazardous waste facility siting permit shall establish and continuously maintain financial assurance for closure of the facility and for post-closure care if required. Financial assurance shall satisfy all requirements of Health and Safety Code Division 20, Chapter 6.5 (Health & Saf. Code Section 25100 et seq.) and the regulations adopted thereunder. Copies of all documents demonstrating such financial assurance shall be filed with the Riverside County Department of Environmental Health.

(11)

Financial responsibility.

(a)

Prior to the commencement of any use under a hazardous waste facility siting permit, the holder of the permit shall provide proof of insurance as required in the conditions of permit approval. The types, amounts, periods of coverage, and provisions for periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional liability insurance. All such insurance shall name the city as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval.

(b)

The holder of a hazardous waste facility siting permit shall defend, indemnify and hold harmless the city and its officers, agents, servants and employees from all claims, actions and liabilities arising out of the issuance of a hazardous waste facility siting permit, operations at the hazardous waste facility, and transportation of wastes to or from the hazardous waste facility.

(12)

General conditions. The city may impose conditions on the granting of a hazardous waste facility siting permit in order to achieve the purposes of this chapter and the Jurupa Valley General Plan and to protect the health, safety or general welfare of the community.

(13)

Findings. The following findings shall be made in writing prior to granting a hazardous waste facility siting permit:

(a)

The facility will be consistent with the Jurupa Valley General Plan.

(b)

The facility will not be detrimental to the health, safety or general welfare of the community.

(c)

The facility site is or will be adequately served by roads and other public or private service facilities.

F.

Use of permit.

(1)

Any hazardous waste facility siting permit that is granted shall be used within two (2) years from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of five (5) years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than five (5) years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the City Council, on forms provided by the Planning Department and shall be filed with the Community Development Director, accompanied by the fee set forth in County Ordinance No. 671. Within thirty (30) days following the filing of a request for an extension, the Community Development Director shall set the matter on the regular agenda of the Planning Commission which shall review the application, make a recommendation thereon, and forward the matter on the regular agenda of the City Council. An extension of time may be granted by the City Council upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of five (5) years, calculated from the effective date of the issuance of the permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

(2)

Life of permit. The life of the permit shall be determined at the time of approval and shall not exceed ten (10) years.

G.

Revocation of permit. A hazardous waste facility permit may be revoked pursuant to Section 9.240.340.

(Ord. No. 2021-09, § 4, 4-15-2021)

A.

Intent. Section 10.05.020 provides development standards for kennels and catteries proposed within the city. This section contains provisions which permit, or conditionally permit, kennels and catteries in various agricultural, industrial, residential, rural and open space zone classifications. The kennels and catteries are subject to development standards and requirements, based on the requirements of Section 10.05.020 and protection of the public health, safety and welfare.

B.

Permitted zoning. Kennels and catteries shall be permitted in the following zones:

(1)

A Class I Kennel (five (5) to ten (10) dogs) is permitted in the following zones, provided a site development permit has been approved under the provisions of Section 9.240.330: R-1, R-1A, R-2, R-2A, R -3, R-3A, R-R, R-R-O, R-A, R-T-R, A-1, A-P, A-2, A-D, W-2, R-D, N-A, and W-2-M.

(2)

A Class II Kennel (eleven (11) to twenty-five (25) dogs) or a cattery (ten (10) to twenty-five (25) cats) is permitted in the following zones, provided a site development permit has been approved under the provisions of Section 9.240.330: R-R, R-R-O, R-A, R-T-R, A-1, A-P, A-2, A-D, W-2, R-D, N-A and W-2-M.

(3)

A Class I (five (5) to ten (10) dogs) or Class II Kennel (eleven (11) to twenty-five (25) dogs) or a cattery (ten (10) to twenty-five (25) cats) is permitted in the following zones, provided a site development permit has been approved under the provisions of Section 9.240.330: M-SC, M-M and M-H.

(4)

A Class III Kennel (twenty-six (26) to forty (40) dogs) or a cattery (twenty-six (26) to forty (40) cats) is permitted in the following zones, provided a site development permit has been approved under the provisions of Section 9.240.330: R-R, R-R-O, M-SC, M-M, M-H, A-1, and A-2.

(5)

A Class IV Kennel (forty-one (41) or more dogs) or a sentry dog kennel or a cattery (forty-one (41) or more cats) is permitted in the following zones, provided a conditional use permit has been approved under the provisions of Section 9.240.280: R-R, R-R-O, M-SC, M-M, M-H, A-1 and A-2.

C.

Development standards.

(1)

Residency. In those zones permitting Class I Kennels, such kennels may be placed upon parcels containing detached single-family dwelling units. All Class II Kennels and all catteries shall include a single-family dwelling to be used by a live-in caretaker in accordance with the requirements of Section 10.05.020. Notwithstanding any provision within this section 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 quarter or accessory dwelling unit shall be permitted in accordance with current county ordinances, as adopted by the city.

(2)

Minimum lot size. The minimum lot size for a Class I Kennel in a residential zone shall be twenty thousand (20,000) square feet (gross). The minimum lot size for a Class II, III or IV Kennel or cattery in an agricultural, residential, rural or open space zone is one (1) acre (gross). There is no minimum lot size for a kennel or cattery in an 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 from the Riverside Department of Animal Services.

(4)

Compliance with kennel and cattery licensing ordinance. All kennels and catteries are subject to the provisions of Section 10.05.020.

D.

Applications: Every application for a kennel or cattery shall be made in writing to the Community Development Director on forms provided by the Planning Department and shall be accompanied by the filing fee established by Resolution of the City Council. The permit application shall include the following information:

(1)

Name and address of the applicant and all persons that own any part of the subject property, including evidence that all owners agree to the application.

(2)

Location or address and legal description of subject property.

(3)

A site development permit, drawn to scale, that shows the following:

(a)

Boundary and dimensions of property.

(b)

Topography for the property.

(c)

Location and distance to adjacent streets, drainage structures, utilities, buildings, signs, and other features that may affect the use of the property. Features mapped shall include, but not be limited to, such improvements as patios, swimming pools, and corrals.

(d)

Location and setbacks showing the proposed and existing development on the property. Features such as kennels, exercise runs, areas open to the general public and noise control measures shall be shown.

(4)

Such additional information as shall be required by the Community Development Director.

E.

Processing of application. Upon acceptance of an application as complete, the Community Development Director shall transmit a copy of the application to the Riverside County Animal Control Services Section of the Department of Animal Services, and such additional public and private agencies as the Community Development Director deems appropriate, for review and comment.

F.

Hearing and notice of decision.

(1)

Not less than thirty (30) days after an application is received and determined to be complete, the Community Development Director shall schedule the time and date on which the Director's decision on the application is to be made. Not less than ten (10) days prior to the date on which the decision is to be made, the Community Development Director shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll and any updates as owning real property within a three hundred (300) foot radius of the exterior boundaries of the proposed project. Notice of the proposed use shall also be given by publication in a newspaper of general circulation in the city. The notice shall include the statement that no public hearing will be held unless a hearing is requested in writing before the date scheduled for the decision to be made. No public hearing on the application shall be held before a decision is made unless a hearing is requested in writing by the applicant or other affected person, or unless the Community Development Director determines that a public hearing should be required. The Community Development Director shall give notice of the decision to the applicant and to any other person who requests notice of the decision. The decision of the Community Development Director shall be considered final unless within ten (10) days of the date of mailing of the notice of decision to the applicant an appeal therefrom is filed.

(2)

If a public hearing is required under the provisions of this subsection, notice of the time, date, and place of the hearing before the Community Development Director, and a general description of the location of the real property, shall be given at least ten (10) days prior to the hearing as follows:

(a)

Mailing or delivering to the owner of the subject real property or the owner's duly authorized agent.

(b)

Mailing or delivering to all owners of real property which is located within a three hundred (300) foot radius of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll and any updates.

(c)

The Community Development Director may require additional notice be given in any other matter the Director deems necessary or desirable.

(3)

If a public hearing is required, the Director shall hear relevant testimony from interested persons and make a decision within a reasonable time after the close of the public hearing. The Community Development Director shall give notice of the decision to the applicant, and the decision of the Community Development Director shall be considered final unless within ten (10) days of the date of mailing of the notice of decision to the applicant an appeal therefrom is filed.

G.

Appeal. The applicant or any interested person may appeal from the decision of the Community Development Director by the same procedures provided for appeal under Section 9.240.330.

(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2014-03, § 1, 4-3-2014; Ord. No. 2021-03, § 13, 2-4-2021; Ord. No. 2021-09, § 4, 4-15-2021)

A.

Intent. The City Council has enacted the following provisions to provide minimum development standards for mini-warehouses in the city. These standards are designed to provide for the appropriate development of mini-warehouses and to protect the health, safety and welfare of city residents using such facilities or who live or conduct business adjacent to such facilities.

B.

Permitted zoning. Mini-warehouses shall be allowed in the following zones:

(1)

C-1/C-P Zone with an approved conditional use permit.

(2)

I-P, M-SC, M-M, and M-H Zones with an approved site development permit.

C.

Permitted uses. Mini-warehouse facilities shall be designed and operated for the storage of goods in individual compartments or rooms, which are available for use by the general public on a rental or lease basis. In no case shall storage spaces be used for manufacturing, retail or wholesale selling, compounding, office functions, other business or service uses, or human habitation.

D.

Development standards.

(1)

Storage. Individual storage spaces within a mini-warehouse shall have a maximum gross floor area of five hundred (500) square feet.

(2)

Walls. A six (6) foot high decorative masonry wall combined with an earthen berm or landscaping to provide an eight (8) foot high screen shall be provided around the entire mini-warehouse land use, unless otherwise approved by the hearing body. The rear and sides of mini-warehouse buildings may be used in place of portions of the required wall where no individual storage units are accessible from the building sides. The exterior side of all perimeter masonry walls and building sides (if used in place of portions of the walls), shall be coated with a protective coating that will facilitate the removal of graffiti.

(3)

Surface covering. All surfaces shall be color coated in coordinating colors as approved by the hearing body.

(4)

Roofing. Roofing materials shall be compatible with area development.

(5)

Lighting.

(a)

All lighting shall be indirect, hooded, and positioned so as not to reflect onto adjoining property or public streets.

(b)

Lighting fixtures may be installed in each individual storage space, provided that the fixtures shall not include or be adaptable to provide electrical service outlets.

(6)

Gates. All gates shall be decorative wrought iron, chain link, other metal type, or wood. All metal type or wood gates must be painted in a color which coordinates with the rest of the mini-warehouse development. All gates shall be subject to review and approval by the Police Department and the County Fire Department to assure adequate emergency access.

(7)

Parking. Parking shall be provided in accordance with the requirements set forth in Section 9.240.120.

(8)

Landscaping. All street setbacks and walls serving as buffers between the mini-warehouse use and residentially zoned property shall be landscaped. This landscaping shall include shrubs, trees, vines, or a combination thereof which act to soften the visual effect of the walls. This landscaping shall be in addition to and coordinated with the landscaping required for parking areas under Section 9.240.120.

(9)

Setbacks.

(a)

No building, structure or wall shall be located closer than twenty (20) feet from any street right-of-way.

(b)

No building shall be located closer than twenty (20) feet from any residential zoned property. Walls shall be located so as to provide a buffer between the residential zone and the mini-warehouse zone.

(c)

All open areas, including interior setbacks, may be used for driveways, parking, outdoor storage or landscaping.

(10)

Caretaker's residence. One caretaker's residence may be included within the site plan for a mini-warehouse land use. Where a caretaker's residence is proposed, a minimum of two (2) parking spaces shall be provided for the caretaker's residence in addition to those required for the mini-warehouse land use by Section 9.240.120.

(11)

Prohibited materials. The following materials shall not be stored in mini-warehouses:

(a)

Flammable or explosive matter or material.

(b)

Matter or material which creates obnoxious dust, odor, or fumes.

(c)

Hazardous or extremely hazardous waste, as defined by applicable provisions of the Health and Safety Code Division 20, Chapter 6.5 (Health & Saf. Code Section 25100 et seq.).

(12)

Prohibited facilities.

(a)

No water, sanitary facilities, or electricity, with the exception of lighting fixtures, shall be provided in individual storage spaces.

(b)

Prefabricated shipping containers shall not be used as mini-warehouse facilities.

(13)

Additional development requirements. Additional development standards may be required as conditions of approval.

A.

Intent. The City Council has enacted the following provisions to provide minimum development standards for recycling facilities in the city. These standards are designed to provide appropriate development of recycling facilities pursuant to the California Beverage Container Recycling and Litter Reduction Act (Pub. Resources Code Section 14500 et seq.).

B.

Permitted zoning.

(1)

State certified reverse vending machines and mobile recycling units shall be permitted in any commercial or industrial zone, provided that the use is located within a convenience zone designated by the State of California Department of Conservation.

(2)

Recycling collection facilities shall be permitted in the following zones:

(a)

C-1/C-P and C-P-S Zones with an approved site development permit pursuant to Section 9.240.330, and provided the facility operates within an enclosed building with not more than two hundred (200) square feet of outside storage.

(b)

I-P Zone with an approved site development permit pursuant to Section 9.240.330 provided the facility operates totally within an enclosed building with no outside storage.

(c)

C-R, M-SC, M-M and M-H Zones with an approved site development permit pursuant to Section 9.240.330.

(3)

Recycling processing facilities shall be permitted in the following zones:

(a)

M-SC, M-M, and M-H Zones with an approved conditional use permit pursuant to Section 9.240.280.

(b)

I-P Zone with an approved conditional use permit pursuant to Section 9.240.280, provided the facility operates totally within an enclosed building with no outside storage.

C.

Development standards.

(1)

Reverse vending machines.

(a)

Location. Reverse vending machines shall be established in conjunction with supermarkets or other commercial or industrial uses which are subject to approved site development permits or conditional use permits, and shall be located within thirty (30) feet of the entrance to the commercial or industrial structure, without obstructing pedestrian or vehicular traffic, or occupying parking spaces required by the primary use.

(b)

Parking. No additional parking spaces for access or use shall be required.

(c)

Size. Reverse vending machines shall occupy no more than fifty (50) square feet of floor area per machine, and shall be no more than eight (8) feet in height.

(d)

Design. Reverse vending machines shall be constructed and maintained with durable waterproof and rustproof material, and shall be clearly marked to identify material to be deposited, operating instructions, and the identity and the telephone number of the operator or responsible person to contact in the event of machine malfunction or if the machine is inoperative.

(e)

Signs. Signs shall have maximum surface area of four (4) square feet.

(f)

Maintenance. Units shall be maintained in a clean litter free condition, and shall be sufficiently illuminated to ensure safe operations at all times.

(g)

Operating hours. Such facilities shall have operating hours at least the same as the primary use.

(2)

Mobile recycling units.

(a)

Permitted uses. Mobile recycling units shall be established in conjunction with supermarkets or other commercial or industrial uses which are subject to approved site development permits or conditional use permits.

(b)

Size. Mobile recycling units shall be no larger than five hundred (500) square feet and occupy no more than five (5) parking spaces not including space needed for material removal or transfer.

(c)

Materials. Such facilities shall accept only glass, metals, plastics, papers and such other non-hazardous materials suitable for recycling.

(d)

Parking. No additional parking spaces for customer use at facilities located at established parking lots of a primary use, shall be required. Mobile recycling units shall have an area which is clearly marked to prohibit other vehicular parking during times when the mobile unit is scheduled to be present.

(e)

Setbacks.

(i)

Units shall be set back at least ten (10) feet from any street line and shall not obstruct pedestrian or vehicular traffic.

(ii)

The storage, operation, and concealment of materials shall conform to the setback and development standards of the zone in which the project is located.

(iii)

Containers for twenty-four (24) hour material donation shall be at least thirty (30) feet from any residentially zoned property unless superseded by an acoustic barrier approved by the Community Development Director.

(f)

Storage.

(i)

Storage containers shall be securable and constructed of waterproof and rustproof materials.

(ii)

Storage of recyclable materials outside of containers or mobile unit when an attendant is not present is prohibited.

(iii)

Containers shall be clearly marked to indicate the type of material for acceptable for collection. The facility shall identify the operator and hours of operation.

(g)

Condition. Maintenance facilities shall be maintained in a safe and litter free condition.

(h)

Hours of operation. Attended facilities located within one hundred (100) feet of any residentially zoned property shall operate only between the hours of nine (9:00) a.m. and seven (7:00) p.m.

(i)

Signs.

(i)

All on-site signs shall comply with the provisions of Section 9.245.040.

(ii)

Directional signs may be installed, as approved, if necessary to facilitate traffic circulation.

(iii)

A sign shall be affixed to the facility prohibiting the deposit of hazardous or toxic materials after hours or at any time an attendant is not present.

(j)

Noise. The facility shall not exceed noise levels of sixty (60) dB(A) as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed seventy (70) dB(A).

(k)

Landscaping. Facilities shall be located so as not to affect the landscaping required for any concurrent land use.

(l)

Additional development requirements. Additional development standards may be required as conditions of approval.

(3)

Recycling collection facilities.

(a)

In the I-P Zone collection facilities shall operate totally within an enclosed building. Outside storage shall not be permitted.

(b)

Landscaping and setbacks.

(i)

In the C-1/C-P and C-P-S Zones, the collection facility area shall at least be enclosed by an opaque block wall or solid wood fence at least six (6) feet in height and landscaped on all street frontages.

(ii)

Collection facilities shall be setback at least one hundred and fifty (150) feet from property zoned or designated for residential use pursuant to the Jurupa Valley General Plan.

(iii)

In the I-P, M-SC, M-M, and M-H Zones, collection facilities shall comply with the setback, landscape, and structural requirements of the zone in which the project is located.

(iv)

Containers provided for after-hours donation shall be set back at least fifty (50) feet from any property zoned or occupied for residential use, and shall be constructed of sturdy and durable containers that have the capacity to accommodate donated materials.

(c)

Storage of materials.

(i)

All exterior storage of materials shall be in sturdy weather and rustproof containers which are covered, baled, or palletized; and which are secured and maintained in good condition.

(ii)

Storage for flammable materials shall be in nonflammable containers.

(iii)

Storage for the recycling of oil shall be in containers approved by the Riverside County Department of Environmental Health.

(d)

Parking. Parking shall be provided for six (6) vehicles or the anticipated peak customer demand load, whichever is greater. One (1) additional parking space for each commercial vehicle operated by the facility shall be provided.

(e)

Noise. The facility shall not exceed noise levels of sixty (60) dB(A) as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed seventy (70) dB(A).

(f)

Hours of operation. If the facility is located within 500 feet of property zoned or designated for residential use subsequent to the Jurupa Valley General Plan, it shall not operate between the hours of seven (7:00) p.m. and seven (7:00) a.m.

(g)

Signs. All on-site signs shall be in conformance with the standards set forth in Section 9.245.040, and shall clearly identify the responsible operating parties and their telephone numbers.

(h)

Power-driven machinery. The use of power-driven machinery shall be limited to state approved reverse vending machines. In addition:

(i)

Machinery which is necessary for the temporary storage, efficient transfer, or securing of recyclable materials may be permitted with the approval of a site development permit.

(ii)

In the I-P, M-SC, M-M, and M-H Zones power-driven machinery which is used to briquette, shred, transform, and otherwise process recyclable materials may be approved with a conditional use permit.

(i)

Additional development requirements. Additional development standards may be required as conditions of approval.

(4)

Recycling processing facilities.

(a)

Location. In the I-P Zone, the processing facility shall operate totally within in an enclosed building with no outside storage, and shall be located at least one hundred and fifty (150) feet from property zoned or designated for residential use pursuant to the Jurupa Valley General Plan. Outside storage shall not be permitted.

(b)

Compliance with zone standards. In the M-SC, M-M, and M-H Zones, setbacks, landscaping and structural requirements shall comply with the development standards of the underlying zone.

(c)

Storage of materials.

(i)

All outside storage of materials shall be in sturdy weather and rustproof containers which are covered, baled, or palletized; and which are secured and maintained in good condition.

(ii)

Storage for flammable materials shall be in nonflammable containers.

(iii)

Storage for the recycling of oil shall be in containers approved by the Riverside County Department of Environmental Health.

(iv)

Storage of recyclable materials outside of containers or mobile/recycling unit when attendant is not present is prohibited.

(v)

Containers shall be clearly marked to indicate the type of material accepted for collection.

(d)

Parking. Parking shall be provided on site for the peak load circulation and parking of customers. If the facility is to service the public, parking spaces shall be provided for a minimum of ten (10) customers, or the peak customer demand load whichever is greater.

(e)

Noise. The facility shall not exceed noise levels of sixty (60) dB(A) as measured at the exterior property line of residentially zoned property. In no event shall the noise level exceed seventy (70) dB(A).

(f)

Hours of operation. The facility shall identify the operator and the hours of operation. If the facility is located within 500 feet of property zoned or planned for residential use pursuant to the Jurupa Valley General Plan, it shall not operate between the hours of seven (7:00) p.m. and seven (7:00) a.m.

(g)

Signs. All on-site signs shall be in conformance with the standards set forth in Section 9.245.040, and shall clearly identify the responsible operating parties and their telephone numbers.

(h)

Condition. The site shall be maintained in a safe and litter free condition on a daily basis.

(i)

Additional development requirements. Additional development standards may be required as conditions of approval.

(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2021-09, § 4, 4-15-2021)

A.

Intent. The City Council has enacted the following provisions to provide minimum development standards for alcoholic beverage sales in the city. These standards are designed to provide for the appropriate development of alcoholic beverage sales and to protect the health, safety and welfare of city residents by furthering awareness of laws relative to drinking.

B.

Permitted zoning for sale of alcoholic beverages for on-premises and off-premises consumption. The sale of alcoholic beverages for on-premises and off-premises consumption shall only be allowed in the following zones provided a conditional use permit has been approved pursuant to Section 9.240.280: R-A, A-1, R-R, R-2, R-2A, R-3, R-3A, R-4, R-5, R-D, C-1/C-P, C-P-S, C-R, C-T, C-N, C-O, I-P, B-P, M-SC, M-M, M-H, and R-VC.

C.

Development standards.

(1)

Applicability. Except as provided in subsection C.(2) of this section, a conditional use permit shall be required for all proposed alcoholic beverage sale establishments located in the city that sell alcoholic beverages for on- or off-premises consumption.

(2)

Exemptions. A conditional use permit shall not be required for the sale of alcoholic beverages at a retail commercial establishment which:

(a)

Contains at least twelve thousand (12,000) square feet of interior floor space and is primarily engaged in the sale of groceries or at least ten thousand (10,000) square feet of interior floor space and dedicates at least ten (10) percent of the floor area for non-alcoholic beverage sales; and

(b)

Does not sell motor vehicle fuels.

(3)

Traffic impacts. Alcoholic beverage sale establishments shall not be situated in such a manner that vehicle traffic from the establishment may reasonably be believed to be a potential hazard to a school, church, public park, or playground.

(4)

Separation requirements. No new on-sale or off-sale alcoholic beverage establishment shall be located within one thousand (1,000) feet of an existing on-sale or off-sale alcoholic beverage establishment and/or within one thousand (1,000) feet of residentially zoned property, public or private schools, day care facilities, home day care facilities, health care facilities, religious facilities, parks or playgrounds, and off-sale alcoholic beverage establishments, except:

(a)

A restaurant with alcohol sales for on-site consumption without a bar or a restaurant with an ancillary bar with less total square footage than the restaurant eating area;

(b)

An alcoholic beverage manufacturer, such as a craft brewery, with an ancillary tasting room or craft brewery with a full-service restaurant;

(c)

An alcoholic beverage sale establishment (both on-sale and off-sale) are proposed as part of a "Mixed-use Development;"

(d)

An alcoholic beverage sale establishment (both on-sale and off-sale) are proposed as part of a new commercial project consisting of four (4) or more buildings;

(e)

An alcoholic beverage sale establishment (both on-sale and off-sale) located within the boundaries of the "Pedley Town Center," "Glen Avon Town Center" or "Rubidoux Town Center" as delineated in the city of Jurupa Valley General Plan;

(f)

An alcohol beverage sales establishment for on-site consumption operating in conjunction with one (1) of the following uses:

(i)

Sports arena or entertainment venue;

(ii)

Veterans club, lodge halls, or other non-profit organization clubs;

(iii)

Hotel or resort hotels;

(iv)

Golf courses with standard length fairways; and

(v)

Country clubs.

(5)

Hearing notice. Notice of public hearings shall be mailed or delivered at least ten (10) days prior to the hearing to (a) all property owners as shown on the latest equalized assessment roll within one thousand (1,000) feet of the project boundaries, (b) any operators of elementary and secondary schools within one thousand (1,000) feet of the real property that is the subject of the hearing, and (c) any entity operating a public park or playground within one thousand (1,000) feet of the project boundaries. 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. The contents of the notice shall include the information specified in Section 9.05.080. For purposes of this subsection, distances shall be measured between the closest property lines of the affected locations.

(6)

Concurrent sale of motor vehicle fuels and beer and wine. The following additional development standards shall apply to the concurrent sale of motor vehicle fuels and beer and wine for off-premises consumption:

(a)

Only beer and wine may be sold.

(b)

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.

(c)

No displays of beer, wine or other alcoholic beverages shall be located within five (5) feet of any building entrance or checkout counter.

(d)

Cold beer or wine shall be sold from, or displayed in, the main, permanently affixed electrical coolers only.

(e)

No beer, wine or other alcoholic beverages advertising shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas.

(f)

Employees selling beer and wine between the hours of ten (10:00) p.m. and two (2:00) a.m. shall be at least twenty-one (21) years of age.

(g)

No sale of alcoholic beverages shall be made from a drive-in window.

(h)

No single can or bottle of alcoholic beverage less than or equal to forty (40) ounces shall be sold for off-premises consumption.

(i)

No alcoholic beverage packages containing less than six (6) cans or bottles to a case may be sold.

(j)

The individual managing the alcoholic beverage establishment is responsible for the immediate removal of any person(s) found to be loitering as defined by state law.

(k)

All exterior access points to the building shall be secured and illuminated to identify any person and/or activity during late night hours. Employees shall limit trash removal and any unnecessary opening of exterior access points during late night hours.

(7)

Findings. In addition to the required findings for conditional use permits as set forth in Section 9.240.280, the Planning Commission shall make the following findings in approving a conditional use permit for the operation of an on- or off-premises alcoholic beverage sale establishment:

(a)

Required findings for proposed establishments with the sale of alcoholic beverages for on-premises or off-premises consumption.

(i)

The proposed alcoholic beverage sales activity will not exacerbate existing problems in the neighborhood created by the sale of alcohol such as loitering, public drunkenness, sale of alcoholic beverages to minors, noise and littering.

(ii)

The proposed alcoholic beverage sales establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverage sales activity establishments.

(iii)

The proposed establishment meets the locational requirements of subsection 9.240.490C.(4).

(iv)

The location of the proposed establishment is not within a high crime area, which is determined by the County Sheriff's Department.

(v)

The proposed establishment is located in a census tract with capacity for additional licenses unless a determination of public convenience or necessity will be issued with the conditional use permit.

(8)

Findings for conditional use permit suspension or revocation.

(a)

In addition to the grounds for revocation of a conditional use permit contained in subsection 9.240.340A. (Findings and Procedure for Revocation of Variances and Permits), an alcoholic beverage sales establishment's conditional use permit may be suspended for up to one (1) year or revoked in accordance with the procedures in Section 9.240.340 for failure to comply with one (1) or more of the following requirements:

(i)

Operational standards.

(ii)

Development standards.

(iii)

Condition(s) of approval imposed through their conditional use permit.

(b)

Any conditional use permit issued pursuant to the provisions of this section shall expire, be terminated and cease to apply to a property when the following occurs:

(i)

The use has ceased its operation for a period of one hundred eighty (180) or more calendar days; and

a.

If there is thereafter filed any application or requested transaction with the State Alcoholic Beverage Control ("ABC"), whereby the laws of the state require notice thereof to be filed with the city, and allow the filing of a protest thereon by the city (including person-to-person transfer of existing licenses); or

b.

Where after such one-hundred-eighty-calendar-day period, the existing license shall have ceased to apply to such establishment; or

(ii)

Where the existing license shall have been surrendered to ABC for a period exceeding one-hundred-eighty-calendar days.

(9)

Investigative procedures of potential violation of conditions of approval, operational standards, and development standards. Upon the city's receipt of a complaint from the public, County Sheriff, City Official or any other interested person that an activity is in violation of the operational standards and/or conditions of approval set forth in this section, the following procedure shall be followed:

(a)

An enforcement officer shall assess the nature of the complaint and its validity by conducting an on-premises observation and inspection of the premises to assess the use's compliance with operational standards and/or conditions of approval.

(b)

If the enforcement officer determines that the use is in violation of the operational standards, development standards and/or conditions of approval, the enforcement officer shall give written notice of the violation to the owner and/or operator of the establishment and seek to remedy the violation under the city's administrative citation procedures contained in Chapter 1.16 and 1.20 of this Code. The first notice of violation shall be given in accordance with Section 1.16.090 of this Code. If, however, the enforcement officer, in his or her sole discretion, determines that the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, he or she may, in lieu of following the administrative citation procedure, refer the matter directly to the Planning Commission for a hearing at which the establishment's conditional use permit may be suspended, modified, or revoked.

(c)

Any administrative citation issued under this section shall be issued, processed, and enforced in compliance with all of the provisions of Chapters 1.16 and 1.20 of this Code, unless otherwise expressly provided by this section. If the owner or operator receiving an administrative citation contests the citation and a hearing is held pursuant to Chapters 1.16 and 1.20, the hearing officer may, in addition to exercising all powers designated in Chapters 1.16 and 1.20, make a recommendation to the Planning Commission to suspend, modify, or revoke the establishment's conditional use permit if in the judgment of the hearing officer, based upon information then before the hearing officer, such action is necessary to ensure compliance with this section. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use, including, without limitation, the operational standards listed in subsection E. of this section and the development standards listed in subsection C. of this section.

(d)

If a hearing before the Planning Commission is conducted on a potential violation in the manner prescribed in Section 9.240.340, it shall determine whether the use is in compliance with the operational standards and/or conditions of approval and/or performance standards if applicable. Based on this determination, the Planning Commission may suspend or revoke the use's conditional use permit or impose additional or amended conditions on the use, including, without limitation, the operational standards listed in subsection E. of this section and the development standards listed in subsection C. of this section, based upon the information then before it. In reaching a determination as to whether a use has violated the operational standards or conditions of approval, or as to the appropriateness of suspending or revoking of a conditional use permit, or the imposition of additional or amended conditions on a use, the Planning Commission may consider the following:

(i)

The length of time the use has been out of compliance with the operation standards, development standards, and/or conditions of approval.

(ii)

The impact of the violation of the operation standards, development standards, and/or conditions of approval on the community.

(iii)

Any information regarding the owner of the use's efforts to remedy the violation of the operational standards, development standards, and/or conditions of approval. "Efforts to remedy" shall include, without limitation:

a.

Timely calls to the County Sheriff's that are placed by the owner and/or operator of the establishment, his or her employees, or agents.

b.

Requesting that those persons engaging in activities causing violations of the operational standards, development standards, and/or conditions of approval cease those activities, unless the owner or operator of the use, or his or her employees or agents feels that their personal safety would be threatened in making that request.

c.

Making improvements to the establishment's property or operations, including, without limitation, the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, the clearing of window obstructions, the cleaning of sidewalks, and the abatement of graffiti within three (3) days.

(e)

If in the judgement of the Planning Commission, the operations of the owner or operator of the establishment constitute a nuisance, the owner or operator is unable or unwilling to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the Planning Commission may suspend, modify, or revoke the use's conditional use permit. All determinations, decisions, and conditions made or imposed regarding the use shall run with the land.

(f)

The decision of the Planning Commission shall be final and conclusive, unless appealed in writing to the City Council within ten (10) days of the Planning Commission's action.

(10)

Appeal from suspension or revocation of conditional use permit. Any applicant or other person aggrieved by a decision of the Planning Commission from a suspension or revocation of a conditional use permit pursuant to this section may appeal the decision to the City Council pursuant to Section 9.05.100 of this Code.

D.

Additional development requirements. Additional development standards may be required as conditions of approval.

E.

Operational standards applicable to proposed establishments with on-premises or off-premises consumption of alcoholic beverages and proposed modifications to such establishments with conditional use permits.

(1)

All proposed establishments (and modifications to existing establishments approved with conditional use permits) with the sale of alcoholic beverages for on-premises and off-premises consumption shall be designed, constructed, and operated to conform to all of the following operational standards:

(a)

That it does not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.

(b)

That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

(c)

That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including, without limitation, disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or law enforcement detentions and arrests.

(d)

That an off-sale consumption establishment complies with the following alcohol sale limitations:

(i)

No wine shall be displayed, sold, or given away in containers of less than seven hundred fifty (750) milliliters, except multipack containers of wine, and multipack wine coolers containing no more than six (6) percent alcohol by volume.

(ii)

No wine shall be displayed, sold, or given away with an alcoholic content greater than fifteen (15) percent by volume unless in corked bottles and aged at least two (2) years.

(iii)

No distilled spirits shall be displayed, sold, or given away in containers of less than three hundred seventy-five (375) milliliters, including, without limitation, airline bottles, except pre-mixed cocktails.

(iv)

No distilled spirits shall be displayed, sold or distributed in three hundred seventy-five (375) milliliters hip flask containers.

(v)

No beer, ale, or malt liquor shall be offered for sale in a container with a volume greater than thirty-two (32) ounces. This restriction is not intended to prohibit the sale of such beverages in kegs or other types of containers, with a volume of two (2) or more gallons, which are clearly designed to dispense multiple servings.

(vi)

No sale, distribution or giving away of alcoholic beverages shall be made from a drive-thru or walk-up window.

(vii)

No display, sale, distribution or giving away of beer or wine, wine coolers or similar alcoholic beverages shall be made from an ice tub, barrel, or similar container.

(viii)

All display of alcoholic beverages shall be at least five (5) feet from the store entrance.

(e)

That it complies with the following public nuisance prevention measures:

(i)

Adequate lighting. The exterior areas of the premises, including on-site parking area and pedestrian paths, shall be provided with sufficient lighting in a manner that provides adequate illumination for alcohol establishment patrons while not spilling onto surrounding properties or streets. A photometric study may be required to demonstrate compliance.

(ii)

Waste management. Adequate waste receptacles shall be provided on site and in the building. The premises shall be kept free of the accumulation of litter or waste. Removal of waste or litter from the waste receptacles shall occur at a minimum of once each day the business is open.

(iii)

Loitering. The following measures shall be required:

a.

No fixtures or furnishings that encourage loitering and nuisance behavior shall be permitted on the exterior of the building where alcoholic beverage sales occur. This includes, without limitation, chairs, seats, stools, benches, tables, and crates, etc. located outside of the building.

b.

Except for on-sale establishments, no video or other electronic games shall be located in an alcoholic beverage establishment.

c.

No pay phones shall be permitted on the exterior of the building where alcoholic beverage sales occur.

(iv)

Prohibited advertising display or signage. Exterior advertising of alcoholic products, tobacco and paraphernalia, or similarly controlled products, as defined in Section 5.68.020 of this Code, are prohibited.

(v)

Required signage. The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English and Spanish:

a.

"California State Law prohibits the sale of alcoholic beverages to persons younger than 21 years of age;"

b.

"No Loitering or Public Drinking;"

c.

"It is illegal to possess an open container of alcohol in the vicinity of this establishment (not required for on-sale establishment)."

(vi)

Presentation of documents. A copy of any applicable conditions of approval and the ABC license shall be required to be kept on the premises and presented to any enforcement officer or authorized state or county official upon request.

(vii)

Mitigating alcohol related problems. The establishment shall be required to operate in a manner appropriate with mitigating alcohol related problems that negatively impact those individuals living or working in the neighborhood including, without limitation, sales to minors, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug-dealing, drug use, loud noise and litter.

(viii)

Drug paraphernalia. An off-sale alcohol establishment shall be prohibited from selling drug/tobacco paraphernalia products as defined in California Health and Safety Code Sections 11014.5 and 11364.5. "Drug paraphernalia" means all equipment products and materials of any kind that are used intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code Section 11000.

(ix)

Prohibited vegetation. Exterior vegetation shall not be planted or maintained to create a hiding place for persons on the premises.

(x)

Window obstructions. To ensure a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance, no more than fifteen (15) percent of windows and entry doors shall be blocked by signs, vending machines, shelves, racks, storage, etc.

(xi)

Posting of documents. A copy of these operational standards, any applicable alcoholic beverage control agency regulations or city operating conditions, and any training requirements shall be posted in at least one (1) prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

(2)

Failure to comply with these requirements shall constitute grounds for revocation of a conditional use permit.

F.

Deemed approved alcoholic beverage sales regulations.

(1)

Deemed approved status. Except as otherwise provided in this section, any permitted or conditionally permitted on- and off-premises alcoholic beverage establishments, and any legal nonconforming off-premises alcoholic beverage establishments lawfully operating prior to December 4, 2021, pursuant to an ABC license that authorizes the retail sale of alcoholic beverages for off-premises consumption shall thereafter be an establishment with deemed approved status in accordance with this subsection F.(1). In addition, any alcoholic beverage establishment exempt from the requirement to obtain a conditional use permit pursuant to subsection C.(2) of this section that lawfully commences operations prior to, on, or after December 4, 2021, shall be an establishment with deemed approved status for purposes of this section.

(2)

Deemed approved performance standards. The provisions of this subsection F.(2) shall be known as the deemed approved performance standards. The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales activities. These standards shall apply to all deemed approved alcoholic beverage sales activities that hold deemed approved status pursuant to this section. An on-premises and off-premises alcoholic beverage sales activity shall retain its deemed approved status only if it conforms to all of the following deemed approved performance standards:

(a)

All public nuisance provisions as established in Subsection E.(1)(e) of this section.

(b)

The alcoholic beverage sales establishment shall not cause adverse effects to the health, peace, or safety of persons residing or working in the surrounding area.

(c)

The alcoholic beverage sale establishment shall not jeopardize or endanger the public health, or safety of persons residing or working in the surrounding area.

(d)

The alcoholic beverage sale establishment shall not allow repeated nuisance activities within the premises or in close proximity of the premises, including, without limitation, disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, or lewd conduct.

(3)

Grounds for deemed approved status suspension, revocation, or termination.

(a)

An alcoholic beverage sales establishment's deemed approved status may be suspended for up to one (1) year, modified or revoked by the Planning Commission after holding a public hearing in the manner prescribed in Section 9.240.340, for failure to comply with the performance standards set forth in subsection F.(2) of this section. Notice of such hearing by the Planning Commission at which it will consider the modification, suspension, or revocation of an establishment's deemed approved status shall be in writing and shall state the grounds therefore. Notice shall be mailed by first-class mail and certified mail return receipt requested at least ten (10) days before the date of the hearing.

(b)

The occurrence of any of the following shall terminate the deemed approved status of the alcoholic beverage sales activity after notice and a hearing by Planning Commission in accordance with Section 9.240.340, and require the issuance of a conditional use permit in order to continue the alcoholic beverage sales activity:

(i)

An existing alcoholic beverage sales activity changes its activity so that ABC requires a different type of license.

(ii)

There is a substantial change in the mode or character of the operation.

(iii)

As used herein, the phrase "substantial modification to the mode or character of operation" includes, without limitation, the following:

a.

The off-sale alcoholic beverage sales activity establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage.

b.

The off-sale alcoholic beverage sales activity establishment extends the hours for the sales of alcoholic beverages.

c.

The off-sale alcoholic beverage sales activity establishment proposes to reinstate alcohol sales after the ABC license has either revoked or suspended for a period of one hundred eighty (180) days or greater by ABC.

d.

The off-sale alcoholic beverage sales activity voluntarily discontinues active operation for more than one hundred eighty (180) consecutive days or ceases to be licensed by ABC.

(iv)

A "substantial change in the mode of character of operation" shall not include:

a.

Re-establishment, restoration or repair of an existing off-sale alcoholic beverage sales activity on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident, or act of God, provided that the re-establishment, restoration, or repair, does not extend the hours of operation of the sale of alcoholic beverages, or adds to the capacity, floor or land area, or shelf space devoted to alcoholic beverages of any establishment that sells any alcoholic beverages for off-premises consumption.

b.

Temporary closure for not more than one hundred eighty (180) days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the premises and does not extend the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcoholic beverages of any establishment that sells any alcoholic beverages for off-premises consumption, provided notice is provided to the city. The Planning Commission may, upon request of an owner of an alcoholic beverage sales establishment that is made prior to the expiration of one hundred eighty (180) days, grant one (1) or more extensions to the period of temporary closure, none of which may exceed sixty (60) days, and together not to exceed one hundred eighty (180) days.

(v)

Once it is determined by the city that there has been a discontinuance of active operation for one hundred eighty (180) consecutive days or a cessation of the ABC licensing, it may be resumed only upon the granting of a conditional use permit as provided in subsections C. to E. of this section. In the event that any active operation is discontinued on a property for a period of one hundred eighty (180) consecutive days, such discontinuance shall be presumed to be abandonment of the use by the property owner. At any time after any active operation is discontinued for a period of one hundred eighty (180) consecutive days or more, the city Manager, or his or her designee, shall notify the property owner in writing of the determination of presumed abandonment of the active operation. The property owner shall be notified by the city of the termination of the deemed approved status and shall be informed of the property owner's right to appeal the city's decision to the Planning Commission. Pursuant to Section 9.240.080, the property owner may appeal the determination to the Planning Commission, which may overturn the determination only upon making a finding that the evidence supports the property owner's position that the nonconforming use was not discontinued for a period of one hundred eighty (180) consecutive days or more.

(4)

Investigative procedures of potential violation of performance standards by establishment with deemed approved status. Upon the city's receipt of a complaint from the public, County Sheriff's, City Official, or any other interested person that a deemed approved use is in violation of the performance standards set forth in this section, the following procedure shall be followed:

(a)

An enforcement officer shall assess the nature of the complaint and its validity by conducting an on-premises observation and inspection of the premises to assess the use's compliance with performance standards.

(b)

If the enforcement officer determines that the deemed approved use is in violation of the performance standards, the enforcement officer shall give written notice of the violation to the owner and/or operator of the establishment and seek to remedy the violation under the city's administrative citation procedures contained in Chapters 1.16 and 1.20 of this Code. The first notice of violation shall be given in accordance with Section 1.16.090 of this Code. If, however, the city Manager, in his or her sole discretion, determines that the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, he or she may in lieu of following the administrative citation procedure, refer the matter directly to the Planning Commission for a hearing at which the deemed approved use's deemed approved status may be suspended, modified, or revoked.

(c)

Any administrative citation issued under this section shall be issued, processed, and enforced in compliance with all of the provisions of Chapters 1.16 and 1.20 of this Code, unless otherwise expressly provided by this section. If the owner or operator receiving an administrative citation contests the citation and a hearing is held pursuant to Chapters 1.16 and 1.20, the hearing officer may, in addition to exercising all powers designated in Chapters 1.16 and 1.20, make a recommendation to the Planning Commission to suspend, modify, or revoke the deemed approved use's deemed approved status if in the judgment of the hearing officer, based upon information then before the hearing officer, such action is necessary to ensure compliance with this section. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use, including, without limitation, the operational standards listed in subsection E. of this section and the development standards listed in subsection C. of this section.

(d)

If a hearing is conducted on a potential violation in the manner prescribed in Section 9.240.340, the Planning Commission shall determine whether the deemed approved use is in compliance with the performance standards. Based on this determination, the Planning Commission may suspend or revoke the deemed approved use's deemed approved status or impose additional or amended conditions on the use, including, without limitation, the conditions listed in the operational standards listed in subsection E. of this section and the development standards listed in subsection C. of this section, based on information then before it. In reaching a determination as to whether a use has violated the performance standards, or as to the appropriateness of suspending or revoking a deemed approved use's deemed approved status, or imposing additional or amended conditions on the use, the Planning Commission may consider:

(i)

The length of time the deemed approved use has been out of compliance with the performance standards.

(ii)

The impact of the violation of the performance standard(s) on the community.

(iii)

Any information regarding the owner of the deemed approved use's efforts to remedy the violation of the performance standard(s).

(e)

"Efforts to Remedy" shall include, without limitation:

(i)

Timely calls to the County Sheriff's that are placed by the owner and/or operator of the deemed approved use, his or her employees, or agents.

(ii)

Requesting that those persons engaging in activities causing violations of the performance standard(s) cease those activities, unless the owner of the deemed approved use, or his or her employees or agents feels that their personal safety would be threatened in making that request.

(iii)

Making improvements to the deemed approved use's property or operations, including, without limitation, the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, clear unobstructed windows, clean sidewalks, and graffiti abated within three (3) days.

(f)

If in the judgment of the Planning Commission, the operations of the owner or operator of the deemed approved use constitute a nuisance, the owner is unable or unwilling to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the Planning Commission may suspend, modify, or revoke the use's deemed approved status. If suspended, any continued sale of alcoholic beverages sales for on-premises or off-premises consumption shall require a conditional use permit approved by the Planning Commission.

(g)

The decision of the Planning Commission shall be final and conclusive, unless appealed in accordance with the provisions of Sections 9.05.100 and 9.05.110 of this title.

(5)

Appeal from suspension, modification, or revocation of deemed approved status. Any applicant or other person aggrieved by a decision of the Planning Commission from a suspension, modification, or revocation of an establishment's deemed approved status pursuant to this section may appeal the decision to the City Council pursuant to Sections 9.05.100 and 9.05.110 of this title.

G.

Determination of public convenience or necessity.

(1)

Statement of policy. Pursuant to California Business and Professions Code Division 9, Chapter 6, Article 1 (commencing with Section 23950), ABC is charged with the responsibility under state statute to review and issue licenses for the sale and/or manufacture of alcoholic beverages. If issuance of a proposed license, excluding licenses for non-retail, hotel, motel, restaurant and manufacturing establishments, would result in or add to an undue concentration of licenses, the city may make a determination of public convenience or necessity for the license within ninety (90) days of receipt of an application. It is the responsibility of the applicant to justify the public convenience or necessity for alcohol sales. Issuance of a letter of determination of public convenience or necessity is a discretionary action to be decided by the Planning Commission after reviewing the submittal of an application for a determination of public convenience or necessity.

(2)

Determination of public convenience or necessity. The City Council has established procedures for the determination of public convenience or necessity and has delegated the responsibility for making such determinations to the city Planning Commission. The Planning Commission will consider a request from an applicant to make a determination whether or not a case for public convenience or necessity exists.

(3)

Applications. Applications for issuance of a letter of determination of public convenience or necessity shall be made in writing to the Community Development Department. To assist the city in making the determination, the applicant must provide a typed and detailed letter stating how public convenience or necessity would be served by issuance of the applied for license. The letter should include the following information:

(a)

The type of license requested from ABC;

(b)

Whether the requested license is an existing license;

(c)

Name, address and telephone number of applicant;

(d)

Name, address and telephone number of proposed business;

(e)

A written statement of justification, including:

(i)

The primary purpose of the business;

(ii)

Whether the sale of alcohol is an essential part of the primary purpose of the business;

(iii)

Days and hours of operation;

(iv)

The percentage of the business anticipated being alcohol sales;

(v)

Whether there be concurrent sales of motor vehicle fuels and alcoholic beverages for off-premises consumption; and

(vi)

The reasons or justifications for approving a determination of public convenience or necessity for an additional license.

(f)

A floor plan indicating the location and dimensions of space allocated for alcohol, the type and dimensions of storage areas and units, and the location for the sale of alcohol;

(g)

Any safety measures or mitigations that may benefit the health, safety and welfare of the community;

(h)

Any documentation on over-concentration and/or crime rates or conditions received from ABC;

(i)

If the applicant operated at other locations, the name and address of each location;

(j)

Any letters of support from the community for the sale of alcohol; and

(k)

Any additional information as determined by the Community Development Department.

(4)

Public hearing. A public hearing shall be held on the application in accordance with the provisions of Section 9.240.250 and all the procedural requirements and rights of appeal as set forth therein shall govern the hearing.

(a)

The Planning Commission shall serve as the approving body subject to a public hearing, as required by Section 9.240.250.

(b)

The Community Development Department shall route the application to the appropriate departments, including the Crime Prevention Unit of the Police Department, for input and recommendations.

(c)

Once an application has been deemed complete, the Community Development Director shall consider and make a recommendation to approve, approve with conditions or deny the permit. The city wishes to balance the number of on-premises and off-premises establishments with the convenience of the local store consumers. The following criteria will be used when considering the approval of an off-premises consumption license:

(i)

The retail location must consist of at least seven thousand (7,000) square feet of gross floor area.

(ii)

No more than ten (10) percent of the floor area may be devoted to alcoholic beverage sales.

(iii)

At least ten (10) percent of the floor area must be devoted to food sales.

(iv)

If the location of the proposed establishment is within a high crime rate area, which is determined by the County Sheriff's Department.

(v)

The subject project and building and proposed use has no outstanding building and health code violations or code enforcement activity.

(vi)

The site is properly maintained including building improvements, landscaping and lighting.

(vii)

The proposed business is located more than one thousand (1,000) feet from a public or private school (pre-school through twelfth grade), as measured from any point upon the outside walls of the building or building lease space containing the proposed business to the nearest property line of the school.

(viii)

The proposed business is not located along a regular path of pedestrian travel by school children to a public or private school (pre-school through twelfth grade).

(d)

The recommendation shall be forwarded to the Planning Commission which shall act to approve, approve with conditions, or deny the application within ninety (90) days from submittal.

(5)

Findings. The Planning Commission shall make the following findings in making a determination of public convenience or necessity and approving or conditionally approving an application for issuance of a letter of determination of public convenience or necessity:

(a)

That the proposed use will not be detrimental to the health, safety and welfare of the community;

(b)

That the proposed use would enhance the economic viability of the area in which it is proposed to be located;

(c)

That the proposed use is compatible with the surrounding area;

(d)

That the background of the proposed licensee and the history of the premises or any premises the applicant has operated in the past were not detrimental to the health, safety and welfare of the community; and

(e)

That the applicant will agree, in writing, to the conditions placed upon the application.

(6)

Conditions of approval. The Planning Commission may impose such conditions as are necessary to protect the health, safety and welfare of the community and fulfill the findings required for the determination of public convenience or necessity.

H.

Annual alcohol sales regulatory fee.

(1)

The intent and purpose of this section is to impose a regulatory fee upon all on-sale and off-sale establishments that sell alcoholic beverages and that either hold deemed approved status pursuant to this section or obtained a conditional use permit after December 4, 2021. This fee shall provide for the enforcement and regulation of the conditions of approval, operational standards, development standards, and other applicable regulations set forth in this section with regard to off-sale alcohol establishments.

(2)

The annual alcohol sales regulatory fee shall be established by resolution of the City Council. The fee shall be calculated so as to recover the total cost of both administration and enforcement of the performance standards and other applicable regulations set forth under this section upon all off-sale alcohol establishments that either hold deemed approved status pursuant to this section or obtained a conditional use permit after the December 4, 2021, including, for example, notifying establishments of their deemed approved status, administering the program, establishment inspection and compliance checks, documentation of violations, conducting hearings, and prosecution of violators, but shall not exceed the cost of the total program. All fees shall be used to fund the program. Fees are nonrefundable except as may be required by law.

I.

Annual on-sale and off-sale alcoholic beverage sales establishment inspection.

(1)

The city's Code Enforcement Department shall have the power and authority to enter an on-sale and off-sale alcoholic beverage sales establishment during regular business hours to inspect the premises to determine compliance with the provisions of this chapter.

(2)

All on-sale and off-sale alcoholic beverage sales establishments, including on-sale and off-sale alcoholic beverage sales establishments with deemed-approved status, shall be subject to an annual inspection by a city code enforcement officer pursuant to the authority in subsection I.(1).

J.

Alcoholic beverage sales activity penalties.

(1)

Any person or establishment violating any of the provisions of this section or who causes or permits another person to violate any provision of this section may be charged with an infraction or a misdemeanor, and shall be subject to the provisions of the general penalty clause as set forth in Chapter 1.15 of this Code.

(2)

In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of these regulations shall be and is declared to be a public nuisance and may be abated as such by the city.

(3)

Nothing in this section shall be construed to prevent the city from pursuing any and all other legal remedies that may be available, including, without limitation, civil actions filed by the city Attorney seeking any and all appropriate relief such as civil injunctions and penalties.

(4)

Notwithstanding Chapters 1.15, 1.16, 1.20, and 1.25, or any other section of this Code to the contrary, any person, entity, or organization that violates the provisions of this section may be subject to civil penalties up to one thousand dollars ($1,000) for each day said violation is in existence.

(5)

Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is committed, continued, permitted, or caused by such violator and shall be punishable accordingly.

(6)

In addition to the punishment provided by law a violator is liable for such costs expenses and disbursements paid or incurred by the city or any of its contractors in correction, abatement, and prosecution of the violation. Re-inspection fees to ascertain compliance with previously noticed or cited violations may be charged against the owner of the establishment conducting the deemed approved use or owner of the property where the establishment is located. The enforcement officer shall give the owner or other responsible party of such affected premises a written notice showing the itemized cost of such chargeable service and requesting payment thereof. Should the bill not be paid in the required time, the charges shall be places as a lien against the property.

(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2014-01, § 1, 3-20-2014; Ord. No. 2015-19, § 1, 12-17-2015; Ord. No. 2021-09, § 4, 4-15-2021; Ord. No. 2021-21, § 47, 11-4-2021)

A.

Intent. The City Council has enacted the following provision to provide minimum development standards for the construction of fences within the city. These standards are designed to enhance the aesthetic appearance of the community, preserve property values and protect the health, safety and welfare of city residents.

B.

Prohibited fences and walls. Fences and walls shall not be constructed of garage doors, tires, pallets, or other materials not typically used for the construction of fences and walls. Perimeter fences and walls with chainlink, razor wire, chicken wire, barbed wire, concertina wire, tarp fencing, sheet metal, or similar materials are prohibited. Perimeter fence or wall is defined as a fence or wall that is constructed or located within the required setback (front, side, street side, and rear) area or property line. However, chainlink fences established prior to September 1, 2023, will be grandfathered and can be repaired, maintained, or replaced with a like chainlink fence.

C.

Fence and wall height. In residential zones, the maximum wall or fence height is six (6) feet. When walls or fences are located within a required front yard and street side setback, the walls or fences shall be open to view above forty-two (42) inches in height.

D.

Maintenance. All walls and fences shall be maintained in a safe, neat and orderly condition at all times.

(Ord. No. 2023-13, § 12, 8-17-2023)

A.

Intent. The City Council has enacted the following provisions to establish minimum development standards for the placement of metal shipping containers within the city. These standards are designed to enhance the aesthetic appearance of the community, preserve property values and protect the public health, safety and welfare.

B.

Permitted zoning and development standards. Placement of metal shipping containers shall be subject to the following limitations:

(1)

Metal shipping containers shall not be allowed as a principal use in any zone, except as provided in subsection B.(2) of this section.

(2)

Metal shipping containers used in part or in whole as a product or service to be leased or sold to end users for use off-site, including raw material for inventory and finished product when refurbished or modified, shall be permitted in the M-M Zone, provided a conditional use permit has been approved under the provisions of Section 9.240.280, except that the City Council shall be the hearing body, and provided that the metal shipping containers comply with the following development standards:

(a)

Metal shipping containers shall not be stacked more than two (2) containers high, or a maximum of twenty (20) feet in height.

(b)

Metal shipping containers that are not stacked and do not exceed ten (10) feet in height shall be located a minimum of twenty (20) feet from any public right-of-way.

(c)

Metal shipping containers that are stacked shall be located a minimum of sixty (60) feet from any public right-of-way.

(d)

Metal shipping container(s) shall be stored within a wholly enclosed building or fully screened by a ten (10) foot high solid decorative wall between any public street and the area where the metal shipping containers are to be located on the site, except that the Planning Commission may approve an alternative design if the applicant demonstrates that:

(i)

The metal shipping containers shall be fully screened from public rights-of-way that are elevated less than fifteen (15) feet above the project site due to location on the site, topography, placement of other permanent facilities on the site, or any combination screening measures satisfactory to the Planning Commission; and

(ii)

Such alternate method of screening is equivalent and will be maintained continuously for the life of the conditional use permit.

Any wall constructed to satisfy this subsection shall be located a minimum of twenty (20) feet from the edge of the street or sidewalk, and a minimum twenty (20) foot wide landscaped buffer shall be provided in the area between the wall and the public street.

(e)

An office building in a permanent structure for sales and administrative purposes shall be provided on the same parcel where the metal shipping container business is taking place, and shall meet the development standards of the underlying M-M Zone.

(f)

The minimum separation distance between metal shipping containers and buildings or on-site storage shall be per the requirements of the fire code of the city, and shall be verified by annual inspections by the County Fire Department and designated city staff. Such inspections shall be subject to an inspection fee as adopted by resolution of the City Council.

(g)

Metal shipping containers shall not be located within one thousand (1,000) feet of an existing residential neighborhood or zone.

(3)

Metal shipping containers shall be allowed in all zones on a temporary basis when utilized during construction or grading operations for the site where located and when utilized solely for the storage of supplies and equipment that are used for construction or grading on that site.

(4)

In commercial and industrial zones, placement of metal shipping containers as an accessory use is permitted provided a site development permit has been approved pursuant to the provisions of Section 9.240.330 or the placement has been approved as part of an approved site development permit, conditional use permit or public use permit.

(5)

In all zones, other than commercial and industrial zones, placement of metal shipping containers is allowed as an accessory use subject to the following development standards:

(a)

The minimum lot size shall be five (5) acres.

(b)

No more than one (1) metal shipping container shall be permitted on any parcel.

(c)

The setback from all property lines shall be a minimum of fifty (50) feet.

(d)

Placement shall be to the rear of the main building on the rear half of the property.

(e)

The metal shipping container shall be fully screened by an opaque fence or fast-growing landscaping. Fencing may not be provided by any type of chain link fencing.

(f)

The metal shipping container shall be painted a neutral color.

C.

Exception. The provisions of this section shall not apply in the A-P, A-2, or A-D zones and the placement of metal shipping containers shall be permitted in those zones.

(Ord. No. 2012-02, § 1, 6-7-2012; Ord. No. 2019-10, § 4, 11-21-2019)

A.

Intent. The purpose of regulating farmers' markets is to ensure compatibility of such uses with surrounding uses and properties and to avoid any impacts associated with such uses.

B.

Definitions.

Agricultural product. Any fresh or processed product produced in California, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, unprocessed bee's wax, propolis, royal jelly, preserves, maple sap products, apple cider, fruit juice, flowers, ornamental or vegetable plants, firewood, Christmas trees, grains, nursery stock, raw sheared wool, livestock meats, poultry meats, rabbit meats, and fish, including shellfish that is produced under controlled conditions in waters located in California.

Certified farmers' markets. A California agricultural product point-of-sale locations, approved by the Commissioner, that are registered under the provisions of, and operated in accordance with, California Food and Agricultural Code Chapter 10.5, Direct Marketing, of Division 17 and regulations adopted pursuant to Chapter 10. A certified farmers' market may only be operated by one (1) or more certified producers, a nonprofit organization, or a local government agency.

Certified farmers' market certificate. A certificate issued by the Commissioner authorizing the location where agricultural products are sold by producers directly to consumers, or to individuals, organizations or entities that subsequently sell or distribute the products directly to end users. The certificate is valid only when bearing the original signatures of the Commissioner and the authorized representative of the certified farmers' market. Upon receipt of a certified farmers' market certificate, the operator shall assume and retain responsibility for all aspects of the operation of a certified farmers' market at the location specified, including, but not limited to, legal, financial, and regulatory compliance requirements.

Commissioner. The Riverside County Agricultural Commissioner.

Non-agricultural product. Any product that is characterized as services, arts, crafts, bakery, candies, soaps, balms, perfumes, cosmetics, pottery, clothing, fabrics, pastas, compost, fertilizers, candles, ceramics, foraged foods, and types of wares; any product that combines an agricultural product with a nonagricultural product or service in a manner that materially increases the purchase price of the product; and local small businesses and government organization booths. Non-agricultural products shall not include: alcohol or alcoholic products and pharmaceutical or medicinal products.

Operator. A person authorized to direct the operations of all producers and vendors participating in the certified farmers' market on the site of the market during all hours of operation.

Practice of the agricultural arts. The undertaking of being predominantly responsible for the decisions and actions encompassing the various phases of producing an agricultural product. The practice of the agricultural arts for fruit, floral, nut, vegetable, and other plant products includes directive or actual responsibility for all the actions of planting, growing, fertilizing, irrigating, cultivating, pest control, and harvesting. The practice of the agricultural arts for agricultural animal products includes directive or actual responsibility for a substantial time of the raising, feeding, veterinary care, and product harvesting.

Producer. A person, partnership, corporation, or an otherwise legally formed farm or ranch that produces agricultural products by the practice of the agricultural arts upon land that the person or entity owns, rents, leases, sharecrops, or otherwise controls and has the documented legal right to possession. A person or entity that rents, leases, or otherwise acquires the right to possession of property essentially only for or limited to the period of the harvest season of the agricultural products produced on that property shall not be considered a producer under the provisions of this section.

C.

Applicability and permit requirements. Certified farmers' markets are permitted in the city subject to the requirements set forth in this section.

D.

Requirements for approval. Certified farmers' markets are subject to site development permit approval in accordance with Section 9.240.330 and compliance with the following criteria:

(1)

Permitted zoning. Certified farmers' markets are permitted in residential, commercial, and specific plan zone classifications on properties occupied by the following uses:

(a)

Public parks and recreation centers;

(b)

Educational and community institutions;

(c)

Churches, temples, and other places of religious worship;

(d)

Private schools;

(e)

Commercial fairgrounds;

(f)

Parking lots of commercial centers where the certified farmers' market will not impede the regular flow of customers and traffic circulation;

(g)

Additional sites as determined by the Community Development Director to be compatible with the applicable zoning classification and surrounding uses.

(2)

Applications—Filing. Initial and renewal applications for consideration of a site development permit for a farmers' market shall be:

(a)

Made to the Community Development Director on the forms provided by the Planning Department;

(b)

Accompanied by the filing fee set forth by resolution of the City Council; and

(c)

Include such information and documents required by the Community Development Director, including operating rules, hours of operation, and maintenance and security provisions.

(3)

Expiration and renewal of site development permit. A site development permit for a farmers' market shall expire after one (1) year, unless renewed annually by the filing of a renewal application for an extended site development permit accompanied by the filing fee set forth by resolution of the City Council. A public hearing shall be held on a renewal application for a farmers' market in accordance with the provisions of subsection 9.240.330D.(3) and all procedural requirements and rights of appeal as set forth therein shall govern the hearing. Prior to the expiration of a site development permit, upon application by the permittee to renew that permit, the permit shall automatically be extended for sixty (60) days or until the application for the renewal is approved, conditionally approved, or denied, whichever occurs first.

E.

Development standards.

(1)

Certified farmers' markets and producers shall be certified by the Commissioner and comply with the requirements of Chapter 10.5, Direct Marketing, of Division 17 of the California Food and Agricultural Code.

(2)

Certified farmers' markets shall conform to California Department of Food and Agriculture and California Department of Health Care Services administrative regulations and all other applicable state and local rules and regulations governing certified farmers' markets.

(3)

All certified farmers' markets and their vendors shall receive all required operating and health permits, and these permits (or copies) shall be in the possession of the operator or the vendor, as applicable, on the site of the certified farmers' market during all hours of operation.

(4)

All operators of certified farmers' markets and vendors of agricultural products selling within a certified farmers' market shall comply with the requirements of Chapter 10.5, Direct Marketing, of Division 17 of the California Food and Agriculture Code.

(5)

Certified farmers' markets shall have an operator and a set of operating rules addressing the structure of the certified farmers' market, hours of operation, maintenance, and security requirements and responsibilities.

(6)

Products for sale shall include agricultural products, as specified in subsection 9.240.520B., in a clearly defined certified farmers' market area where only agricultural products may be sold, and may include non-agricultural products, as specified in subsection 9.240.520B., in a separate sales, vending, or marketing area in close proximity, adjacent, or contiguous to the certified farmers' market area.

(7)

The certified farmers' market area and any separate sales, vending, or marketing area in close proximity, adjacent, or contiguous to the certified farmers' market area shall be located in an area that will not disrupt parking or the flow of traffic onto and off of the site. Adequate parking must be available during the approved operating hours.

(8)

All certified farmers' markets shall provide for composting, recycling and waste removal in accordance with all applicable city, Riverside County Health Department, and other outside agency codes and regulations and shall be maintained in a safe and litter free condition.

(9)

The certified farmers' market days and hours of operation shall be specified in the approved site development permit as appropriate to the location to minimize interference with the surrounding properties.

(10)

Non-agricultural product sales shall be limited to forty (40) percent of the total sales area.

(11)

Certified farmers' markets shall accept various forms of food assistance, such as vouchers and CalFresh EBT (electronic benefit transfer) cards. The Community Development Director may waive the requirement if it is shown to be a deterrent to operations, such as in the case of small or temporary markets.

F.

Signs.

(1)

All on-site signs shall comply with the provisions of Section 9.245.040 of the Jurupa Valley Municipal Code.

(2)

Directional signs may be installed, as approved, if necessary to facilitate traffic circulation.

G.

Additional development requirements. Additional development standards may be required as determined by the Community Development Director.

(Ord. No. 2016-11, § 5 (18.51), 10-6-2016; Ord. No. 2017-16, § 5(9.10.120 (18.51)), 12-7-2017; Ord. No. 2021-09, § 4, 4-15-2021)

A.

Intent. The intent of this section is to establish regulations and standards for the development of pallet yards in the M-H (Manufacturing-Heavy) Zone to ensure appropriately designed pallet yards proximate to the industries they serve in a manner that does not conflict with, or negatively impact, nearby uses, and minimizes fire risk.

B.

Application. A pallet yard is permitted in the M-H (Manufacturing-Heavy) Zone provided a site development permit is approved pursuant to the provisions of Section 9.240.330 and a conditional use permit is approved pursuant to the provisions of Section 9.240.280. Applications for consideration of a site development permit and conditional use permit shall be made to the Community Development Director on the forms provided by the Planning Department, shall be accompanied by that filing fee set forth in Chapter 3.65 of the Jurupa Valley Municipal Code, and shall include such information and documents as may be required by Section 9.240.330, Section 9.240.280, and the Community Development Director, in addition to the following:

(1)

All outdoor work, assembly, and repair areas shall be depicted on the site plan.

(2)

Required parking spaces shall be identified on the site development permit.

(3)

All outdoor storage areas shall clearly be identified on the site development permit.

(4)

All areas to be subleased to other pallet yard subtenants shall be indicated on the site development permit and described in the conditional use permit application (i.e., hours of operations, type of activities conducted on site, and number of employees).

C.

Development standards. Pallet yards shall conform to all requirements of this section and the Fire Code of the city of Jurupa Valley (see Chapter 8.10). Where standards are inconsistent, the more restrictive shall apply. No new pallet yard shall be permitted unless it complies with the following standards. Existing pallet yards that are located outside the M-H (Manufacturing-Heavy) Zone at the time of the effective date of the ordinance adding this section to Chapter 9.240 shall become legal non-conforming uses and shall comply with the following standards within one hundred eighty (180) days of the effective date of the ordinance adding this section to Chapter 9.240:

(1)

Site and building design.

(a)

An office building shall be provided on the same parcel where the pallet yard and associated business is taking place, and shall meet the development standards of the M-H (Manufacturing-Heavy) Zone (see Section 9.155.030).

(b)

Caretakers' residences in conjunction with a pallet yard are prohibited.

(c)

Any permanent canopy type of structures may be permitted on the site and shall meet all zoning, building, and fire code requirements.

(d)

Pallet storage shall not be located within ten (10) feet of a lot line.

(e)

Pallet storage shall not exceed twelve (12) feet in height and shall be arranged to form stable stacks. If pallet storage is located within twenty (20) feet of a lot line or right-of-way, pallet storage shall not exceed eight (8) feet in height.

(f)

The minimum separation distance between pallet stacks and buildings, and other pallet stacks or on-site storage, shall be per the requirements of the Fire Code of the city of Jurupa Valley. For the purposes of this subsection, a stack shall be defined as two (2) or more pallets, one (1) upon the other, and continuous to any other pallets that are less than seven and one-half (7.5) feet away.

(g)

Maximum stack size may not exceed ninety thousand (90,000) cubic feet in volume.

(h)

All outdoor work, assembly, and repair areas shall be conducted in an entirely enclosed structure or under a permanent canopy type structure.

(i)

Outdoor display areas shall be maintained in a neat and orderly condition.

(2)

Off-street parking requirements.

(a)

If number of workers can be determined: one (1) space/two (2) employees of largest shift, plus one (1) space/vehicle kept in connection with the use.

(b)

If number of workers cannot be determined: one (1) space/two hundred fifty (250) square feet of office area, plus one (1) space/five hundred (500) square feet of fabrication area, plus one (1) space/one thousand (1,000) square feet of storage area, plus one (1) space/five hundred (500) square feet of floor plan that is uncommitted to any type of use.

(3)

Access and circulation.

(a)

Driveways between and around pallet stacks shall be at least twenty (20) feet wide and maintained free from accumulation of rubbish, weeds, and equipment or other articles or materials that could lead to the spread of fires. See subsection C.(5) of this section for minimum width for fire apparatus access lanes.

(b)

To accommodate queuing and reduce traffic conflicts, vehicular access to a pallet yard (i.e., driveways) shall be located a minimum of one hundred fifty (150) feet from an intersection.

(4)

Landscaping and walls.

(a)

All outdoor storage areas shall be screened from view from the public right-of-way by an opaque wall or fence. All screening walls adjacent to the public right-of-way shall have a minimum height of eight (8) feet and shall not be located in a required landscape setback area. Additional wall height, berming, or both may be added as needed to satisfy screening requirements as determined by the Community Development Director or Planning Commission.

(b)

Landscaping adjacent to the public right-of-way is required, using a combination of drought-tolerant trees, tall hedges, shrubs, and vines. A minimum ten (10) foot wide landscaped buffer between the wall or fence and the back of a sidewalk or right-of-way along all street frontages is required.

(c)

Providing landscaping in the internal area (wall perimeter, parking, area, storage area, etc.) enclosed by the required screen walls is not required for pallet yards. However, incidental landscaping may be required as determined by the Community Development Director or Planning Commission to satisfy screening and other requirements in interface area(s) open to public view.

(d)

Plain chain link fencing is prohibited. Color-coated or fabric-screened chain link fencing is permitted.

(5)

Fire safety.

(a)

A hydrant system approved by the County Fire Department shall be installed.

(b)

Fire access lanes of a minimum of twenty-four (24) feet in width shall be required from any structures and exterior property line(s), shall be designed per the Fire Code of the city of Jurupa Valley to support the imposed loads of the fire apparatus, and shall have all weather driving capabilities. Additional fire access lanes may be required by the County Fire Department.

(c)

The minimum required fire flow in pallet yards shall be as required by the Fire Code of the city of Jurupa Valley.

(d)

All pallet yards shall be subject to an annual inspection by the Code Enforcement Manager, or his or her designee, or by such other person or governmental entity as designated by the city Manager. The city Manager shall establish such regulations as are necessary to implement the inspections. Such inspections shall be subject to an inspection fee established by resolution of the City Council.

(6)

Additional requirements.

(a)

Pallet yards shall not be located within one thousand (1,000) feet of a residential use or zone, a school, or a park.

(b)

Pallet yards shall confine operations on the property to the hours between 7:00 a.m. and 6:00 p.m.

(Ord. No. 2018-02, § 7, 3-1-2018; Ord. No. 2021-09, § 4, 4-15-2021)

A.

(1)

A microenterprise home kitchen operation shall be a permitted use of residential property in any residential dwelling in any zone permitting residential uses if the microenterprise home kitchen operation complies with both of the following criteria:

(a)

Abstain from posting signage or other outdoor displays advertising the microenterprise home kitchen operation.

(b)

Be in compliance with applicable local noise ordinances.

(2)

The city shall not prohibit the operation of, require a zoning permit to operate, require a rezone of the property for, or levy any fees on, or impose any other restriction on, a microenterprise home kitchen operation in any residential dwelling for zoning purposes.

(3)

This section shall not supersede or otherwise limit the investigative and enforcement authority of the city with respect to violations of its nuisance ordinances.

B.

The use of a residence for the purposes of a microenterprise home kitchen operation shall not constitute a change of occupancy for purposes of the State Housing Law (Part 1.5 (commencing with California Health and Safety Code Division 13, Section 17910)) or for purposes of local building and fire codes.

C.

A microenterprise home kitchen operation shall be considered a residence for the purposes of the State Uniform Building Standards Code and local building and fire codes adopted by the city pursuant to Chapter 8.05, Adoption of Construction Code, and Chapter 8.10, Adoption of Fire Code.

(Ord. No. 2019-03, § 2, 2-21-2019)

A.

For purposes of this section, the following words or phrases shall have the following definitions:

(1)

Common open space means an on-site recreation area located within the total development site containing improvements intended for the active or passive recreation of residents of the development. Common open space shall not include public or private streets, driveways, private open space, parking or loading spaces, street side-setbacks, or utility easements where the ground surface cannot be used appropriately for active or passive recreation, nor other areas primarily designed for other operational functions.

(2)

Institutional means an organization, establishment, foundation, society (or the like) devoted to the promotion of a particular cause or program(s), especially one of public, educational, or charitable character. Examples of institutional uses, activities, or structures include: hospitals; clinics; day care facilities; senior centers; convalescent facilities; elementary, middle and high schools; colleges and universities; public buildings; prisons; post offices; and parks and park facilities.

(3)

Landscape area shall be defined as set forth in Section 9.283.020.

(4)

Private open space means an area improved for outdoor use by the residents of the dwelling unit to which it serves, such as balconies, ground floor yards, courtyards, or patios, which are covered or uncovered.

(5)

Utility closet and utility storage area mean a closet and area to be used, or intended to be used, for the keeping of noncommercial, nonindustrial personal property.

B.

Multiple family dwellings may be erected in the R-2, R-2A, R-3, R-4, R-6 and R-D Zones subject to the following development standards:

(1)

Private open space.

(a)

Private open space shall be located adjacent to, and be directly accessible by, the dwelling unit that it serves, and shall have no dimension less than eight (8) feet when located on the ground floor and a dimension less than five (5) feet for above ground units.

(b)

Multiple family dwelling projects shall provide a minimum of one hundred fifteen (115) square feet of private open space for ground floor units and seventy-five (75) square feet for units above the ground floor. Multiple family dwelling projects that satisfy the requirements of California Government Code Section 65913.4, as may be amended, shall provide a minimum of seventy-five (75) square feet of private open space for each unit on the ground floor. If a market rate multiple family dwelling project includes in-lieu fees for affordable housing as an alternative to designating units as affordable (as stipulated in California Government Code Section 65913.4, as may be amended), the Community Development Director may reduce the private open space requirement to seventy-five (75) square feet for units on the ground floor. There shall be no requirement for private open space for above ground units.

(c)

At ground level, private open space shall be separated by a six (6) foot high fence or wall (not chain link). When such private open space is adjacent to vehicular parking, a driveway, or a roadway, the private open space shall be screened by the use of a five and one-half (5½) foot tall by three (3) foot wide shrub, or a five and one-half (5½) foot high wall or fence in combination with a landscaped area not less than three (3) feet in width.

(d)

A private open space that is four (4) feet or higher above adjacent grade shall be screened with forty-two (42) inch wide landscaping, or a wall or fence.

(2)

Common open space.

(a)

Multiple family dwelling projects of eight (8) or more dwelling units shall provide common open space and satisfy the requirements of this subsection (B)(2).

(b)

Common open space shall be designed for its intended use and shall not have a dimension less than ten (10) feet.

(c)

Common open space shall have a minimum of one hundred fifty (150) square feet per dwelling unit.

(d)

Up to a maximum of sixty (60) percent of common open space may be provided in a building.

(e)

Recreation facility examples that satisfy the common open space requirements include one (1) or more of the following:

(i)

Recreation center within a building;

(ii)

Swimming or wading pool;

(iii)

Athletic court such as basketball court;

(iv)

Athletic field;

(v)

Par course.

(3)

Laundry facilities.

(a)

Multiple family dwelling projects of eight (8) or more dwelling units shall provide washer and dryer hookups and a laundry space within each dwelling unit or the garage and satisfy the requirements of this subsection (B)(3).

(b)

The laundry facility shall not encroach into any minimum required garage parking area.

(c)

Multiple family dwelling projects that satisfy the requirements of California Government Code Section 65913.4, as may be amended, may provide common laundry facilities equipped with one (1) washer and dryer per ten (10) dwelling units in the multiple family dwelling project.

(d)

Laundry facilities must be provided for within a completely enclosed structure and are not permitted outdoors or beneath patio or balcony covers.

(4)

Accessory storage.

(a)

Each dwelling unit shall provide for a utility closet within the dwelling unit with a minimum area of thirty-five (35) cubic feet. Bedroom closets and designated laundry facility areas shall not be used to meet this requirement.

(b)

Each dwelling unit shall have access to a private, lockable utility storage area outside the dwelling unit and located in a garage, carport, or attached private open space with a minimum area of sixty (60) cubic feet.

(5)

Parking.

(a)

Parking spaces shall be provided as required by Section 9.240.120.

(b)

A parking management plan shall be submitted in conjunction with any application for the construction of a multiple family dwelling development project or the residential portion of any mixed-use development project that consists of three (3) or more dwelling units. The parking management plan shall be submitted to the Community Development Director, or his or her designee, for review and approval, approval with modifications, or denial. If applicable, the Community Development Director, or his or her designee, may require that lease agreements, and any related documents, must include the parking management plan or other parking regulations or programs. The parking management plan shall:

(i)

Identify the assigned resident and guest parking space(s) to each unit;

(ii)

Include a requirement that for project that include "for sale" units, the parking management plan shall be included, by reference, as part of applicable covenants, conditions and restrictions;

(iii)

Include methods of parking enforcement and provisions for penalties and/or violations; and

(iv)

Include a provision that provides authority to the Community Development Director to approve or deny a modification to the parking management plan.

(6)

Landscape area.

(a)

New development shall include a minimum of twenty (20) foot wide landscape area adjacent to the right-of-way line of all abutting streets, excepting driveways, walkways, or utilities. Modifications to the minimum twenty (20) foot wide landscape area may be approved by the approving body of the entitlement(s) only for certain areas that are identified as pedestrian-friendly by the General Plan. However, if a proposed multiple family dwelling project meets the requirements for a streamlined permitting process pursuant to California Government Code Section 65913.4, as may be amended from time to time, the landscape requirement may be reduced to a fifteen (15) feet wide landscape area adjacent to the right-of-way line of all abutting streets, excepting driveways, walkways, or utilities.

(b)

Street frontage landscape areas shall include trees planted at thirty (30) foot intervals and drought tolerant ground cover as set forth in Section 9.283.000.

(c)

Where a new public sidewalk is required to be constructed, the sidewalk shall be located adjacent to the right-of-way line and the area between the street or curb and the sidewalk shall be landscaped and maintained by the abutting property owner.

(7)

Walls and fences.

(a)

Walls located on property lines or project boundaries shall be constructed of decorative concrete block that includes split-face or slump stone walls.

(b)

A decorative concrete block wall six (6) feet in height measured from outside finished grade shall be constructed on any property line that abuts property zoned for, or used for, commercial business activities or structures.

(c)

A decorative concrete block wall eight (8) feet in height measured from outside finished grade shall be constructed on any property line that abuts property zoned for, or used for, industrial business activities or structures.

(d)

Walls and fences within twenty (20) feet of any street shall be constructed of decorative concrete block that shall not exceed forty-two (42) inches in height. A combination of matching decorative block pilasters and other forms of open fencing, such as wrought iron or tubular steel, may be added up to a maximum overall height of six (6) feet.

(8)

Buffers from adjacent commercial, industrial, or institutional uses.

(a)

Residential structures shall be set back a minimum of fifty (50) feet from any property line abutting property zoned for, or used for, commercial and/or industrial activities or structures. The fifty (50) foot setback shall only apply to the living areas within the buildings and not any detached accessory structures, recreation buildings, or structures, parking lots, or any portion of the residential structure not used for living and habitation. The living areas of the residential structures shall be setback a minimum of twenty (20) feet from any property line abutting property zoned for, or used for, institutional activities or structures.

(b)

Accessory structures shall be located between any residential structure and a property line abutting a property zoned for, or used for, commercial, industrial, or institutional activities or structures.

(c)

Nothing in this subsection shall prevent the construction of an accessory dwelling unit consistent with applicable state and local laws.

(9)

Pedestrian access.

(a)

Pedestrian access shall be provided for between the public sidewalk and the on-site walkways that provide access to the dwelling units.

(b)

Pedestrian paths of travel that are a minimum of five (5) feet wide and made of an impervious surface shall be provided for between each dwelling unit and its parking spaces, except that for multiple family dwelling projects that satisfy the requirements of California Government Code Section 65913.4, as may be amended, pedestrian paths of travel shall be a minimum of four (4) feet wide.

(c)

Pedestrian paths of travel that are a minimum of five (5) feet wide and made of an impervious surface shall be provided between each dwelling unit and on-site recreational facilities, except that for multiple family dwelling projects that satisfy the requirements of Government Code Section 65913.4, as may be amended, pedestrian paths of travel shall be a minimum of four (4) feet wide.

(10)

Project design (setbacks, height, roof materials, equipment screening, etc.).

(a)

Multiple family dwelling projects shall be subject to the setback and height requirements applicable to the zone in which the property is located. If the proposed multiple family dwelling project complies with California Government Code Section 65913.4, as may be amended from time to time, one-story buildings shall be permitted at the setback line and additional stories shall be permitted if the building is setback twenty (20) feet from the setback line.

(b)

All roof mounted mechanical equipment shall be screened from view with architectural elements that match the same primary exterior materials and colors used for the building.

(c)

All pad mounted mechanical equipment shall be sound attenuated with baffles or other elements that prevent audible sounds more than ten (10) feet from the equipment and shall be screened from view by a combination of walls, fences, and landscaping.

(11)

Project design.

(a)

Front setbacks shall be subject to the setback requirements applicable to the zone in which the property is located. If the proposed multiple family dwelling project complies with California Government Code Section 65913.4, as may be amended from time to time, one-story buildings shall be permitted at the setback line and two (2) stories shall be permitted if the building is setback twenty (20) feet from the setback line. For proposed multiple family dwellings that do not comply with California Government Code Section 65913.4, as may be amended from time to time, any additional stories over two (2) stories that do not exceed the maximum building height of the underlying zone shall maintain a thirty (30) foot setback from the setback line.

(b)

Parking structures, such as garages or carports, shall not be located adjacent to the front of dwelling unit front entrances.

(c)

Composition shingle roofs are prohibited.

(d)

The architectural style of the multiple family dwelling project shall be Spanish Colonial, Craftsman, Victorian, California Bungalow, American Farmhouse, or California Ranch.

(12)

Impact mitigation.

(a)

Multiple family dwelling projects with more than twenty-four (24) dwelling units shall submit with any permit application the following environmental impact and mitigation studies:

(i)

Traffic impact assessment;

(ii)

Biological assessment as required by the Multiple Species Habitat Conservation Plan (MSHCP);

(iii)

Noise impact assessment on the project if within five hundred (500) feet of a freeway or within one thousand (1,000) feet of property in use or zoned for industrial activities;

(iv)

Air quality and health risk assessment on the project if within five hundred (500) feet of a freeway or within one thousand (1,000) feet of property in use or zoned for industrial activities;

(v)

Phase 1 assessment for archaeological, paleontological, and cultural resources; and

(vi)

Phase 1 assessment for toxic substances upon a determination by the city Engineer or the Fire Marshal that such substances may be present in the development site.

(b)

The recommended mitigations for all impacts identified in the above studies shall be incorporated into the project design.

(13)

Lighting.

(a)

Parking lot or athletic court lighting shall direct light only onto the project site and shield direct rays away from abutting properties. Ambient light levels shall not increase the level of any residential properties by one (1) foot candle at the property line.

(14)

Refuse.

(a)

Location and design of refuse bin enclosures shall conform to city trash enclosure specifications and the guidelines of the city's solid waste hauler franchisee.

(Ord. No. 2020-01, § 9, 2-20-2020; Ord. No. 2021-19, §§ 5—15, 10-7-2021)

A.

Definitions. The following terms shall have the following meanings for the purposes of this section:

Building scale means the relationship between the mass of a building and its surroundings, including the width of street, open area of the lot, and mass of surrounding buildings. Mass is determined by the three-dimensional bulk of a structure: height, width, and depth.

Floor area ratio or FAR means the ratio of a building's total floor area (gross floor area) to the area of the piece of land upon which it is built. FAR is calculated by the following formula: FAR = gross floor area ÷ lot area.

Single-family shall be defined as set forth in Section 9.10.490.

Traditional neighborhood means a single-family residential neighborhood with primarily one (1) story homes proportionately scaled to the lot, with large front yards generous space between homes, useable outdoor space, wide parkways with canopy street trees and sidewalks, shorter and narrower streets, with pedestrian and street connections to other neighborhoods, commercial centers, schools, civic buildings, and park and recreational spaces.

B.

Purpose and intent. The purpose of this section is to establish clear guidance for the development and redevelopment of land for detached single-family residential subdivisions consistent with the General Plan and design principles of traditional neighborhoods, known as traditional neighborhood developments. In order to facilitate approval of traditional neighborhood subdivisions that has a density that exceeds two (2) units per acre, the following design principles for the development of new single-family residential subdivisions are necessary:

(1)

Encourage single-family subdivision design that is consistent with the city's historic, traditional neighborhood character with mostly one (1) story homes and large yards;

(2)

Encourage affordable housing through development of subdivisions with smaller homes on smaller lots while creating neighborhoods that are consistent with the community's values as stated in the General Plan;

(3)

Design homes that have a building scale to fit lot sizes without loss of functional outdoor spaces and yards;

(4)

Provide connectivity with existing neighborhoods, commercial, civic, recreational, and open space uses in close proximity;

(5)

Provide a mix of locally indigenous traditional architectural styles such as but not limited to Craftsmen, Victorian, California Bungalow, American Farmhouse, and California Ranch that are predominately one (1) story;

(6)

Incorporate a system of intimate, narrow, interconnected streets with sidewalks, bikeways, and equestrian trails that offer multiple routes for motorists, pedestrians, equestrians and bicyclists, and provides for the connections to existing and future developments; and

(7)

Incorporate architectural and design features that create a unique neighborhood identity and enhance the visual character of the community.

C.

Applicability. All detached single-family residential subdivisions that exceed a density of two (2) units per acre, proposed or entitled after the effective date of this section, shall be designed and developed in accordance with this this section. Furthermore, additions or expansions to existing homes and accessory structures are subject to the provisions of this section. Residential subdivisions designed for multifamily units or attached dwelling units, such as clusters and condominiums, are not subject to the provisions of this section.

D.

Procedural requirements.

(1)

A traditional neighborhood design requires site development permit approval in accordance with Section 9.240.330. The site development permit shall be processed concurrently with the corresponding tentative tract or parcel map and the required approval body of the tentative map shall also have approval authority to take action on the site development permit. Development standards contained herein, may be waived or modified by the City Council as part of the site development permit process if it is determined that the standard is inappropriate, and that the waiver or modification of the standard will not be contrary to the public health and safety and is consistent with the subsection B. purpose and intent. When a modification to standards is requested, the Planning Commission shall make a recommendation to the City Council to approve, modify, or deny the site development permit and the requested modification of the standard in accordance with Section 9.05.110. If a modification is requested, the modification shall be considered concurrently with the site development permit, tentative tract or parcel map.

(2)

Prior to submitting an application for a site development permit for a single-family residential subdivision subject to the provisions of this section, the applicant is encouraged to meet with the city to review submittal requirements and adberence to the traditional neighborhood design standards.

E.

Development standards. Unless otherwise prohibited by state law, single-family residential subdivisions subject to this section shall comply with the following development standards:

(1)

Subdivision design. The single-family subdivision design shall be consistent with the purpose and intent of the design principles set forth in subsection B. of this section.

(2)

Lot area. The minimum lot area is as required under the applicable zone classification for the subject property(s).

(3)

Building height. Single-family residence shall not exceed thirty-five (35) feet in height and more than two (2) stories pursuant to the following:

(a)

The number oflots within the subdivision with two (2) story dwellings shall not exceed twenty-five (25) percent;

(b)

No two (2) story dwelling may be located on a lot adjacent to another two (2) story dwelling; and

(c)

No two (2) story dwellings may be located on a corner lot.

(4)

Floor area ratio. The maximum FAR for a one (1) story dwelling, including the garage, shall not exceed 0.40. The maximum FAR for the ground floor of a two (2) story dwelling, including the garage, shall not exceed 0.25. The maximum FAR for the second floor of a two (2) story dwelling shall not exceed 0.15.

(5)

Open space. Not less than fifty (50) percent of the lot area shall be permeable open space. Not less than ninety (90) percent of the required open space area shall be landscaped. Driveways to garages located in the rear half (½) of the lot shall not be included in the permeable open space calculation.

(6)

Setbacks. Provide useable open space areas with generous street side setbacks that enhance the visual appearance of the street parkway pursuant to the following:

(a)

Front yard. Minimum twenty (20) foot front year setback. Front yard setbacks are required to vary in length, it is encouraged that there be an average front yard setback of twenty-five (25) for the entire subdivision.

(b)

Front yard covered porches. Minimum fifteen (15) foot setback for front yard covered porches that are a depth of eight (8) feet or more and one hundred (100) square feet or greater in area.

(c)

Side yard, interior. Minimum six (6) foot or not less than ten (10) percent of the lot width, whichever is the greater setback.

(d)

Side yard, street facing. Minimum ten (10) foot setback.

(e)

Rear yard. Minimum of a twenty (20) foot setback.

(f)

Garage attached. Street facing garages shall be a minimum ten (10) foot setback from the front building line of the dwelling and shall be side facing in the front half of the lot. Side entry garages minimum of twenty-foot front yard setback.

(g)

Garage, detached. Zero (0) interior side and rear yard setbacks. Minimum five (5) foot rear yard setback for a garage that faces an alley.

(7)

Garages. Garages attached or detached shall be a secondary feature of the home. Garages facing the street shall be located in the rear half (½) of the lot. Corner lot garages shall not face the street side yard.

(8)

Offstreet parking and driveways.

(a)

A minimum of two (2) covered garage spaces per dwelling unit.

(b)

Minimum forty-five (45) feet between driveway curb cuts to accommodate two (2) on-street parking spaces between driveways. One (1) driveway curb cut per lot. At the discretion of the Public Works and Community Development Directors, shorter distances between driveway cuts on cul-de-sacs can be approved.

(9)

Streets.

(a)

Street layout. Interior streets shall connect to the internal streets of existing, adjacent neighborhoods, schools, commercial centers, civic buildings, and parks.

(b)

Street stub outs. Street stub outs shall be provided to connect to future subdivisions.

(c)

Block length. Maximum six hundred sixty (660) foot blocks, provided however, that for infill development, Public Works and Community. Development Directors may approve a longer block length.

(d)

Rights-of-way. Minimum fifty-six (56) foot local street width. Minimum sixty (60) foot collector street width.

(e)

Roadway width. Maximum thirty-six (36) foot local street width. Maximum forty (40) foot collector street width.

(f)

Alley width. Maximum twenty (20) foot alley width.

(g)

Parkway. For local streets minimum ten (10) foot parkway width. The parkway shall include a five (5) foot wide sidewalk and the area between the sidewalk and the curb shall be landscaped unless obstructed by public signage, fire hydrants or other safety equipment, or utility equipment. For non-local streets, the minimum parkway width is fifteen (15) feet. At the discretion of the Public Works and Community Development Directors parkway widths can be modified.

(h)

Traffic calming features. Subdivisions shall include traffic-calming features such as traffic circles, bulb-outs, center islands, chicanes, speed humps, bicycle lanes/shared lane markings (sharrows), or other traffic calming devices designed to minimize conflicts between vehicles and pedestrians, equestrians, and bicycles.

(10)

Street lighting.

(a)

Street lighting shall be provided along all streets.

(b)

Exterior lighting shall be directed downward in order to reduce glare onto adjacent properties.

(11)

Equestrian and pedestrian trails and bicycle lane connections. Equestrian and pedestrian trails and bicycle lane connectivity through or adjacent to the single-family residential subdivision shall be provided. The pedestrian trails and bicycle lane connections shall be consistent with the circulation master plan for bicyclists and pedestrians.

(12)

Architecture. Architectural styles shall be consistent with the Architectural Styles Sheet of the Community Development Department, which includes Craftsmen, Victorian, California Bungalow, American Farmhouse, and California Ranch. The architectural styles within the subdivision shall:

(a)

Be applied to new homes and future additions to homes, including detached accessory buildings; and

(b)

Continue architectural features and fenestration on all sides of dwelling units.

(13)

Landscaping and walls/fences. The composition and location of landscaping shall comply with the provisions of Chapter 9.283 of this Code and the following standards:

(a)

Street trees. A minimum of one (1) canopy tree per lot or forty (40) feet of street frontage when permissible. Street trees shall be a minimum of two (2) inch caliper measured six (6) feet above the ground. A tree landscaped area shall be provided and be of an appropriate size to accommodate the mature size and height of the tree. Trees shall be located between the sidewalk and the curb.

(b)

Landscaping area. The front yard setback area shall be landscaped and include a minimum of one (1) thirty-six-inch box canopy tree. The rear yard setback shall be landscaped. Ninety (90) percent of the required lot open space shall be landscaped.

(c)

Natural features. Single-family residential subdivisions shall protect and preserve natural features such as, without limitation, unique natural terrain, rock outcroppings, streams (perennial, intermittent, ephemeral), mature trees, and native habitat.

(d)

Walls and fences.

(i)

Decorative masonry, wrought iron, wood, tubular steel, stone or river, rock or vinyl fencings with a natural wood appearance are permitted.

(ii)

Maximum six (6) foot high walls or fences. When walls or fences are located within a required front yard or street side setback, the walls or fences shall be a maximum of forty-two (42) inches in height.

(iii)

Chain-link, chicken wire, razor, serpentine barbed wire, electrified, and similar type fencing are prohibited.

(14)

Affordability. Single-family residential subdivisions subject to this section shall be consistent with the affordable housing requirements of the housing element for the Jurupa Valley General Plan.

(Ord. No. 2022-01, § 4, 2-3-2022; Ord. No. 2023-13, § 13, 8-17-2023)

A.

Purpose. The purpose of this section is to allow supportive housing, as defined in Government Code Section 65582, consistent with state law to ensure equality of treatment for all residential uses regardless of the occupant. Supportive housing is generally described as permanent housing linked to a range of support services designed to enable residents to maintain stable housing.

B.

Applicability and standards.

(1)

Supportive housing shall be permitted by right in any zone where multifamily and mixed uses are permitted if the proposed housing development satisfies all requirements of Government Code Section 6565l(a).

(2)

If the supportive housing development is located within one-half (½) mile of a public transit stop, no parking spaces are required for the units occupied by supportive housing residents per Government Code Section 65654.

(3)

Supportive housing shall comply with objective development standards and policies that apply to other multifamily development within the same zone. In the event of a conflict between the standards of this section and the standards of the underlying zone, the standards in this section shall apply.

C.

Processing of application.

(1)

The following time frames apply to the processing of a supportive housing application, unless different time frames are set forth in Government Code section 65653. The city shall notify the applicant whether the application is complete within thirty (30) days of receipt of an application to develop supportive housing. The city shall complete its review of the application within sixty (60) days after the application is complete for a project with fifty (50) or fewer units, or within one hundred twenty (120) days after the application is complete for a project with more than fifty (50) units.

(Ord. No. 2023-08, § 39, 5-18-2023)

A.

Definitions. The following terms shall have the following meanings for the purposes of this section:

(1)

Ancillary devices: Devices providing air service, water service, recharging for electric vehicles, and similar services.

(2)

Automobile fueling station: A retail business engaged primarily in selling gasoline or other motor vehicle fuels, which may also provide services which are ancillary to fuel services. These ancillary services may include vehicle service shops, car wash facilities, convenience stores, and fast food establishments.

(3)

Car wash: An ancillary use to an automobile fueling station for permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services.

(4)

Convenience store: An ancillary use to an automobile fueling station for any retail sales of food, beverages and small convenience items primarily for off-premises consumption.

(5)

Fast food establishment: An ancillary use to an automobile fueling station for a retail food service establishment in which all, or a portion of, the food service is provided through a drive-through window or counter inside the fast food establishment as opposed to a sit-down table service restaurant.

(6)

Vehicle service shops: Any ancillary use to an automobile fueling station for service and repair of vehicles conducted wholly within a building.

B.

Purpose and intent. The purpose of this section is to present locational criteria, developmental standards, and operational standards to be used by the city to regulate automobile fueling stations and ancillary uses in order to:

(1)

Limit the concentration of automobile fueling stations with separation, distance, and adjacency to sensitive uses requirements.

(2)

Promote and preserve the public health, safety, convenience, general welfare and general prosperity of the community. It is the intent of this section that automobile fueling stations shall not create increased pedestrian and vehicular traffic hazards and shall not be detrimental to the ordinary maintenance, development and redevelopment of the surrounding area as reflected by the General Plan, Zoning Regulations or specific plans approved by the city.

(3)

Regulate automobile fueling station development to ensure that the design and operation of such uses effectively mitigate associated problems with traffic, congestion, excessive pavement, lighting, litter, hazardous materials, and noise.

(4)

Supplement the standards in the underlying zoning district for automobile fueling station uses. In the event of conflict between these standards and the underlying zoning district standards, the provisions of this section shall apply. Automobile fueling station uses shall also comply with all applicable state and federal regulations regarding site design, pricing signs, containment, maintenance, and operations.

C.

Permit requirement. The establishment of a new automobile fueling station; or the reconfiguration or enlargement of an established automobile fueling station may be approved only through the granting of a conditional use permit by the Planning Commission pursuant to Section 9.240.280, Conditional use permits. Automobile fueling stations are conditionally permitted in designated zoning districts as described in Chapter 9.40, Zoning districts. In addition to all other application materials required for the conditional use permit, the applicant shall also provide a photo simulation showing the new or remodeled automobile fueling station facilities in place on the project site, together with its relationship to existing surrounding land uses. To approve a conditional use permit, the Planning Commission shall make the following findings in addition to the findings required by Section 9.240.280, Conditional use permits:

(1)

The overall development of the project site shall be designed for the protection of the public health, safety and general welfare; to conform to the logical development of the land and to be compatible with the present and future logical development of the surrounding property.

(2)

The proposed use will not substantially increase vehicular traffic on any public rights-of-way in the immediate vicinity, especially those serving residential uses.

(3)

The proposed use will not create increased traffic hazards to pedestrians, cyclists, or equestrian users.

(4)

The proposed use will not adversely affect adjoining land uses, or the growth and development of the area in which it is proposed to be located.

D.

Location and separation requirements.

(1)

Automobile fueling stations, including any ancillary uses, shall be separated from other automobile fueling stations by a minimum of one-thousand, (1,000) feet. A maximum of two (2) automobile fueling stations are permitted at any single intersection. Separation distance shall be measured in a straight line from the property line of said automobile fueling stations, or the boundaries of an automobile fueling station located on a multi-use commercial property.

(2)

The establishment of a new automobile fueling station shall be prohibited if there are three (3) or more existing automobile fueling stations located within a one (1) mile radius of the proposed automobile fueling station site, unless the Planning Commission makes a finding that the proposed automobile fueling station is necessary for the public convenience and will not be detrimental to the public health, safety, and general welfare.

(3)

Where two (2) automobile fueling stations are located at a single intersection, the automobile fueling stations shall be sited in such a manner as to serve different flows of traffic. The city may consider deviations from this requirement for locations affected by roadway widening or other infrastructure improvements.

(4)

When automobile fueling stations are located in multi-use commercial centers, the stations shall be located at the periphery in order to minimize internal traffic and pedestrian conflicts. The city may consider deviations from this requirement if it can be demonstrated that an alternative location does not create traffic and/or pedestrian conflicts.

E.

Development standards. New and reconstructed automobile fueling stations shall comply with the following development standards:

(1)

Minimum site area. The minimum site area shall be forty-thousand (40,000) square feet for new automobile fueling stations.

(2)

Minimum frontage. The minimum frontage shall be one hundred seventy-five (175) feet on each street. The city may consider deviations from this requirement due to demonstrated site constraints subject to compliance with all other applicable development standards.

(3)

Maximum lot coverage. Maximum lot coverage for an automobile fueling station (including canopy) is forty (40) percent of the total lot size. No more than twenty (20) percent of the total lot area shall be covered by a canopy.

(4)

Minimum street setbacks. The minimum street setback shall be twenty-five (25) feet; however, to encourage a more pedestrian streetscape, a primary building with direct access from the street may be located a minimum of fifteen (15) feet from the right-of-way. This setback also applies to ancillary devices.

(5)

Minimum setbacks adjacent to sensitive uses. All structures shall be set back a minimum of fifty (50) feet from the side and rear property lines where adjoining parcels are used, zoned, or designated by the General Plan for residential uses, schools, parks, or religious facility. This setback also applies to ancillary devices.

(6)

Minimum setbacks adjacent to nonresidential districts. The minimum interior setback shall be fifteen (15) feet. This setback also applies to ancillary devices.

(7)

Vehicular access points. No more than two (2) driveways or means of access shall be provided to any one (1) street or highway. No more than thirty-five (35) percent of the street frontage shall be devoted to curb cuts. Within integrated developments, shared access driveways are required.

(8)

Location of driveways. Driveways shall not be located closer than twenty-five (25) feet to the end of a curb corner; closer than twenty-five (25) feet to a common property line when adjacent to a residential zoning district; and at a location approved by the city when the adjoining property is located in a non-residential zoning district. The city may consider deviations from this requirement due to demonstrated site constraints subject to compliance with all other applicable development standards.

(9)

Driveway design. Driveways shall be designed and located to ensure a safe and efficient movement of traffic on and off the site, to and from the lane of traffic nearest the curb. All driveways shall be located and constructed according to the standards of the city. Driveways for automobile fueling stations, which are developed as part of or in conjunction with a multi-use commercial property, shall be located as part of the total circulation facilities of the multi-use commercial property. Decorative paving shall be provided at all driveway entrances.

(10)

Internal circulation. The internal circulation system shall allow for vehicle stacking without blocking ingress and egress on and off the site. The pump island shall be situated to provide stacking space for a minimum of two (2) vehicles behind the vehicle parked at the pump closest to the any entrance and/or exit driveway. The city may consider deviations from this requirement due to demonstrated site constraints subject to compliance with all other applicable development standards.

(11)

Pedestrian access to convenience store/fast food establishment. A minimum of one (1) continuous four (4) foot-wide internal pedestrian walkway shall be provided from the perimeter public sidewalk of each abutting street to the nearest entrance to the convenience market and/or fast-food establishment. Internal pedestrian walkways shall be distinguished from driving surfaces through the use of raised sidewalks, special pavers, bricks, or scored/stamped concrete.

(12)

Parking. Minimum on-site parking shall be provided as follows:

(a)

Stand-alone automobile fueling station (no ancillary uses): Four (4) spaces. Spaces at the pump island does not satisfy this parking standard.

(b)

Automobile fueling station with a convenience store: Five (5) spaces per one thousand (1,000) square feet of gross floor area of the convenience store. Up to fifty (50) percent of the pump islands may be counted as parking spaces at a minimum ratio of one (1) space for each pump island.

(c)

Automobile fueling station with vehicle service bays: One (1) space for each service bay.

(d)

Automobile fueling station with a fast food establishment and/or car wash: The parking requirements for all uses on the automobile fueling station site shall be determined by a parking demand study prepared by an independent traffic engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense, to the city at the time of application for such use.

(e)

A minimum of one (1) loading space and delivery vehicle stacking area shall be located and designed so as to avoid undue interference with the public use of streets and alleys, drive aisles, automobile parking spaces, or pedestrian pathways. The 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.

(f)

The automobile fueling station and any ancillary use shall comply with all applicable standards of Section 9.240.120, off-street vehicle parking. Where conflict arises between sections, the requirements of this subsection shall take precedent.

(13)

Building and canopy design. Automobile fueling stations shall comply with the following design standards.

(a)

The automobile fueling station building and/or canopy, and any ancillary use building shall be designed for architectural compatibility and in compliance with any applicable design guidelines. Scale, massing, and detailing should be complementary to the surrounding uses, building form, and relationship to streetscapes.

(b)

Building elevations shall incorporate architectural features that are visually interesting with pronounced massing. Blank walls are prohibited. Architectural features shall include: changes in wall plane and materials; roof overhangs; cornice lines; prominent entrance areas; varied building volume or accent elements; and varied yet complementary building materials.

(c)

Architectural detailing and materials shall be of a high and durable quality. Exterior building materials and cladding shall achieve a high standard of life-cycle, visual, and aesthetic quality. These may include glazing, curtain wall, brick or stone masonry, high quality metal or pre-cast paneling; and smooth stucco. Changes of material should reflect articulation of building form or wall plane.

(d)

The maximum height for all automobile fueling station buildings shall be twenty-five (25) feet. In order to reduce the visual impact of the canopy structure and corresponding lighting, the maximum height of the canopy clearance shall be sixteen (16) feet and the maximum width of the canopy fascia shall be thirty (30) inches. Canopy fascia shall match the color and texture of the primary building.

(14)

Pump islands. Pump islands shall be set back a minimum of sixty (60) feet from any adjoining parcels which are used, zoned, or designated by the General Plan for residential uses, schools, parks, or religious facility to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to fifty (50) feet within this distance. Pump islands shall be set back a minimum of twenty-five (25) feet from any nonresidential property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to fifteen (15) feet within this distance. At least one pump station shall be accessible to oversized vehicles, including recreational vehicles

(15)

Ancillary devices. Ancillary devices shall be not be located in any required building setback area.

(16)

Cashier location and visibility of the fueling area. The cashier location shall provide direct full visual access to the pump islands and the vehicles parked adjacent to the islands or, alternatively, shall provide CCTV cameras viewable by the cashier that show direct full visual access to the pump islands and the vehicles parked adjacent to the island.

(17)

On-site advertising structures or signs. The signs allowed for automobile fueling stations are set forth below: Such signs shall be decorative and coordinated with a common design theme that matches the building(s). A sign program or plan shall be submitted to the Planning Division and be approved by the Director of community development consistent with this section prior to the installation of any sign. All necessary permits shall be obtained prior to the installation of any sign.

(a)

Freestanding sign:

(i)

Maximum number of signs.

a.

One (1) freestanding sign or one (1) monument sign is allowed on each street frontage. Maximum of three (3) freestanding or monument signs per site.

b.

The maximum height of a freestanding sign shall not exceed twenty (20) feet and the maximum height of a monument sign shall not exceed eight (8) feet.

(ii)

Sign structure, including the single- or twin-pole mounts, shall be architecturally designed and complementary with the associated buildings on site. Exposed single- or twin-pole mounts are prohibited.

(iii)

For purposes of this subsection: "freestanding sign" means any sign which is supported by one (1) or more decorative and architectural integrated columns or uprights imbedded in the ground and which is not attached to any building or structure; "monument sign" means a freestanding sign erected to rest on the ground or to rest on a monument base designed as a decorative architectural unit with the sign.

(b)

Freeway oriented sign: Subject to subsection 9.25.040(1)(a), Freestanding signs—Freeways.

(c)

Wall sign: One (1) per building elevation. A wall sign is not permitted on an elevation which is facing an adjoining parcel that is used, zoned, or designated by the General Plan for residential uses. Maximum wall size area is twenty (20) square feet per applicable building elevation. All wall signs shall be individual channel letters and either halo or internally illuminated.

(d)

Window signage: Window signs shall not exceed ten (10) percent of the area of each window. Individual window signs shall not exceed four (4) inches in height and four (4) square feet in area. Window signs shall not be illuminated.

(e)

Temporary signage: Subject to Section 9.248.030, Temporary signs. Inflatables, pennants, banners, or flags are prohibited unless a temporary sign permit is approved for a grand opening event.

(f)

Lighter box sign: A sign designed to be an integral part of the architecture of an automobile fueling station, and intended to be placed above the fuel pumps of an automobile fueling station for purposes of providing light for the working area and commercial identification. Lighter box signs shall not exceed a height of four (4) feet above the fuel pumps, and shall not exceed the length of the fuel pump area. The signs may be either one- or two-faced, internally lighted shall not exceed twenty (20) percent of the total area of each face of the sign.

(g)

Canopy sign: One (1) per street frontage. Maximum area is twenty (20) square feet, but not to exceed seventy (70) percent of the vertical face on which the sign is located. All canopy signs shall be individual channel letters and either halo or internally illuminated.

(h)

Car wash sign: One (1) wall sign above the entrance to the car wash. Maximum area is eight (8) square feet. In addition, one (1) wall sign with a maximum area of eight (8) square feet, or one (1) freestanding sign with a maximum height of four (4) feet and maximum area of eight (8) square feet to identify prices for services.

(i)

Type of service sign: One (1) sign at each end of each row of pumps, identifying whether service is self-service or full service. Maximum area is four (4) square feet.

(j)

Special services sign: One (1) attached to each device providing air service, water service, recharging for electric vehicles, and similar services. Maximum area is four (4) square feet. Sign shall not be illuminated.

(k)

Directional signs: One (1) designating entrance to automobile fueling station, one (1) designating exit from automobile fueling station, one (1) designating entrance to car wash or fast food establishment drive-thru lane, one (1) designating exit from car wash or fast food establishment drive-thru lane. Maximum area is two (2) square feet per sign.

(l)

Pump-top video display terminal:

(i)

One (1) pump-top video display terminal per pump dispenser.

(ii)

The pump-top video display terminal must be integrated into the overall design of the pump.

(iii)

Sound emanating from the pump-top video display terminal shall not be audible to a person of normal hearing acuity at any point on the property line or at a distance in excess of fifteen (15) feet from the pump-top video display terminal equipment, whichever is less.

(iv)

Sound emanating from the pump-top video display terminal shall only be activated when a customer is standing in front of a fuel pump and shall automatically turn off when a customer is not standing in front of a fuel pump.

(m)

The automobile fueling station and any ancillary use shall comply with all applicable standards of Section 9.245.040, On-site advertising structures and signs. Where conflict arises between sections, the requirements of this subsection shall take precedent.

(18)

On-site landscaping.

(a)

A minimum of eighteen (18) percent of the site shall be landscaped and irrigated.

(b)

Street frontage landscaping shall be a minimum of fifteen (15) feet in width and bermed to no less than two (2) feet in height. Minimum ten-foot wide landscape planter areas shall be provided adjacent to all interior property lines. Planter areas shall be landscaped with trees, shrubs, and ground cover. A solid row of evergreen screening trees, a minimum of thirty-six (36) inch box in size, shall be provided in any required interior property line landscape planter adjacent to parcels that are used, zoned, or designated by the General Plan for residential uses, schools, parks, or religious facility.

(c)

Not less than four hundred (400) square feet of planting areas shall be installed and maintained at the intersection of two (2) property lines at street or highway corners.

(d)

Trees along all street frontages shall be fast-growing evergreen species, a minimum of thirty-six (36) inch box in size, planted no farther apart on center than the mature diameter of the proposed species.

(e)

Shrubs planted along all street frontages shall be a minimum five (5) gallon size and shall be designed and maintained to screen vehicles from view from adjacent roadways to a minimum continuous overall height of thirty (30) inches, measured from the finished grade of on-site pavement abutting the planter.

(f)

Each planter area shall be surrounded with a six-inch raised concrete curbing or planning department-approved equivalent. An automatic irrigation system shall be installed and permanently maintained in working order in each separate planter area. All such landscaped areas shall be planted and maintained in a clean and workmanlike manner.

(19)

Perimeter walls. Automobile fueling station sites shall be separated from adjacent parcels that are used, zoned, or designated by the General Plan for residential uses, schools, parks, or religious facility by an eight (8) foot high decorative masonry wall using materials similar in color, module and texture to those utilized in the building. Such walls shall be reduced to three (3) feet in height within adjacent street setback areas. Such walls need not be installed when a building or other wall already exist on such property lines, and provides an equivalent level of buffering as determined by the city. Perimeter walls shall be maintained at all times. Where an automobile fueling station adjoins property in a non-residential zoning district, the provision of perimeter walls shall be determined through the conditional use permit approval. The city may consider deviations from this requirement due to demonstrated site constraints subject to compliance with all other applicable development standards.

(20)

Exterior lighting. All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjoining public rights-of-way and properties.

(21)

Alternative fuel stations. At least four (4) alternative fuel stations shall be included at an automobile fueling station. A minimum of two (2) alternative fuel stations shall be electric charging stations; and a minimum of two (2) shall be compressed natural gas (CNG), hydrogen, or other alternative fuel. A waiting/seating area shall be provided for customers charging at electric vehicle charging stations.

F.

Operational standards. All automobile fueling stations shall comply with the following development standards:

(1)

Location of activities. All activities and operations shall be conducted entirely within the enclosed automobile fueling station and ancillary structure(s), except as follows:

(a)

The dispensing of fuel products from pump islands, vehicle charging, and air and water services.

(b)

Minor emergency repairs including, but not limited to, replacement of headlights, turn indicator bulbs or windshield wipers.

(2)

Site maintenance. The site including all structures, landscaping, walls/fences, and signs shall be maintained in good repair, in a clean, neat and orderly condition. Driveways, parking, landscape, and service areas shall be maintained and kept free of grease, oil, and other petroleum products in addition to litter. These areas shall be periodically cleaned with equipment that dissolves spilled grease, oil, and other petroleum products without washing them into the drainage, gutter, or sewer systems.

(3)

Trash enclosure. A trash enclosure, completely enclosed with a decorative masonry wall not less than six (6) feet high with a solid metal self-closing gated opening, and large enough to accommodate standard-sized commercial trash bins, shall be located on the rear portion of the property in a manner which is accessible to refuse collection vehicles. No storage shall be permitted above the height of the surrounding walls. Landscaping, including clinging wall vines plant material shall be provided around the trash enclosure. An architecturally integrated trellis structure shall be provided above the trash enclosure.

(4)

Public service facilities. All automobile fueling stations shall:

(a)

Provide restrooms on-site, at no charge, for customer use during normal business hours. The restrooms shall be continuously maintained in in a clean and sanitary manner. Entrances to restroom facilities shall be located within a building obscured from view from surrounding areas.

(b)

Provide and maintain in usable and good working order, an air pump and radiator water hose for public use.

(5)

Noise. All outdoor noise generators associated with the an automobile fueling station and any ancillary use(s) shall be identified by the applicant during conditional use permit review and may require the submittal of a professional noise analysis to quantify noise sources. Automobile fueling station and ancillary use noise (e.g., bells, loudspeakers, tools, video/audio pump stations and sound signals, etc.) shall not be audible from residentially zoned or residentially occupied parcels between the hours of ten (10:00) p.m. and seven (7:00) a.m. on weekdays and Saturdays, and before ten (10:00) a.m. and after seven (7:00) p.m. on Sundays and nationally recognized holidays. Automobile fueling station and ancillary use operations shall comply with all other applicable noise requirements of the Jurupa Valley Municipal Code.

(6)

Trash receptacles. Trash receptacles shall be located at the building entrance and at each pump island. The premises shall be kept free of the accumulation of litter or waste. Removal of waste or litter from the trash receptacles shall occur at a minimum of once each day the business is open.

(7)

Pollution prevention. Permit applications for new or modified automobile fueling stations shall include plans to implement best management practices to eliminate discharge into storm drains in compliance with the city's NPDES criteria.

(8)

Hazardous materials. All necessary permits for the storage and use of hazardous materials shall be obtained. All automobile fluids shall be recycled or removed according to applicable state and federal standards.

(9)

Propane tank sales. Propane tank sale displays shall be located outside of any required setback area and shall be stored in a secure display. The city may require landscaping or other type of screening to conceal the propane tanks from public view.

(10)

Gasoline tanker trucks.

(a)

Fuel tanker trucks shall not obstruct the public right-of-way during delivery.

(b)

No fuel shall be loaded into any storage tank from any tank truck or tank trailer except through a permanent submerged fill pipe, unless the tank is equipped with a vapor loss control device or is a pressure tank.

(11)

Mechanical equipment.

(a)

All hydraulic hoists and pits, all equipment for lubrication, greasing, automobile washing and permitted repairs shall be enclosed entirely within a building.

(b)

All rooftop mechanical equipment shall be screened from view of adjacent properties and public rights-of-way.

(c)

All ground mounted gasoline vapor recovery units and venting pipes shall be partially enclosed with a six (6) foot high decorative solid screen wall and landscaping and shall not be located in any required setback area. The city may consider deviations from this requirement due to demonstrated site constraints subject to compliance with all other applicable development standards.

(12)

Payment areas. Points of cash or other payment shall be designed so as to provide a safe and adequate customer queuing area. Outdoor walk-up service facilities shall be located and designed so as to prevent adverse impacts on adjacent properties that are used, zoned, or designated by the General Plan for residential uses, schools, parks, or religious facility.

(13)

Prohibited uses. No sale or rental of automobiles, boats, trucks, trailers, motor bikes, or other vehicles shall be permitted on an automobile fueling station site.

G.

Ancillary uses. All automobile fueling stations with ancillary use(s) shall comply with the following standards and requirements for the applicable ancillary use(s):

(1)

Convenience store.

(a)

The concurrent sale of alcoholic beverages in conjunction with an automobile fueling station with a convenience store shall be subject to the provision of Section 9.240.490, alcoholic beverage sales.

(b)

Outdoor display of merchandise shall be prohibited unless a temporary event permit is obtained pursuant Section 9.250.050, allowed temporary events.

(2)

Car wash.

(a)

Provide a queuing study prepared by an independent traffic engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense, to the city at the time of application for such use.

(b)

Provide a noise study prepared by an independent acoustical engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense, to the city at the time of application for such use.

(3)

Fast food establishment. A queuing study prepared by an independent traffic engineer licensed by the State of California. The study shall be provided by the applicant, at its sole expense, to the city at the time of application for such use.

(4)

Vehicle repair shop.

(a)

Openings of service bays shall be designed to minimize the visual intrusion onto adjoining public rights-of-way and properties.

(b)

Service bay doors shall not directly face an existing residential development or residential zone.

(c)

Vehicle repair shops shall be limited to battery and ignition services, tire repair and sales, and other accessory sales and services for automobiles; but shall exclude major automobile repairs, tire recapping, steam cleaning, painting, body and fender work, engine overhaul, or other work of a similar nature.

(d)

Outside storage of motor vehicles is prohibited. For the purpose of this section, outside storage shall mean the parking of a motor vehicle in an unenclosed area associated with an ancillary vehicle repair shop for longer than twenty-four (24) hours, unless the vehicle is in the process of being serviced, in which case it may be parked for a maximum period of seventy-two (72) hours. The storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces is prohibited.

H.

Discontinuation of an automobile fueling station use or structure. An automobile fueling station use shall not be re-established if such use has been discontinued for a continuous period of twelve (12) months or more. If the use has discontinued for reasons of construction under a valid building permit, the Director of Community Development may extend the twelve (12) month time frame when presented with documentation demonstrating construction has been pursued diligently and timely. A new automobile fueling station may only be established on a former automobile fueling station site in compliance with the provision of Section 9.240.560 Automobile fueling stations.

I.

Legal nonconforming. Any automobile fueling station that is lawfully operating in the city and does not conform to the provisions of this chapter shall be considered a legal nonconforming use. Except as provided below, legally established nonconforming automobile fueling stations and ancillary uses on said automobile fueling station sites shall be subject to Section 9.240.080, Nonconforming structures and uses.

(1)

Modifications to existing automobile fueling stations use. Except as provided below, automobile fueling station uses and structures related thereto shall not be enlarged, extended, reconstructed, or moved to a different portion of the lot or parcel of land occupied by such use unless in compliance with the provision of Section 9.240.560 Automobile fueling stations. If conformity with standards adopted pursuant to Section 9.240.560 Automobile fueling stations, causes hardship due to existing configuration of on-site buildings or structures, a variance may be applied for pursuant to Section 9.240.270, Variances.

(a)

Modifications to improve soil, ground water and storm water quality. Automobile fueling station uses may be modified to conform to current storm water quality control regulations or remediate contamination of the soil or ground water.

(b)

Modifications to improve traffic safety. As determined by the city Engineer, the pedestrian and vehicular circulation features (e.g., curbing, sidewalks, and traffic control devices) of an automobile fueling station use may be modified to improve public safety.

(c)

Modifications to enable zero emission vehicles (battery charging station). Automobile fueling station uses may be modified to accommodate battery charging station(s) for zero emission vehicles.

(d)

Modifications to enable zero emission vehicles (hydrogen fuel cell station). Automobile fueling station uses may be altered to include facilities for the storage, conveyance and dispensing of hydrogen to zero emission vehicles.

(2)

Amortization of nonconforming automobile fueling station use. A nonconforming automobile fueling station use or structure may be maintained for forty (40) years. An extension of the amortization period shall be subject to subsection 9.240.080(4) Extension of amortization period.

(Ord. No. 2022-24, § 19, 12-15-2022)

A.

Purpose. The purpose of this section is to allow residential care facilities, seven (7) or more, and group homes, large, consistent with fair housing laws to ensure equality of treatment for all residential uses regardless of the occupant.

B.

Applicability. All applications for residential care facilities, seven (7) or more persons and group homes, large, shall apply for a ministerial site development permit and comply with the requirements for a site development permit as set forth in Section 9.240.330, except as set forth in this section.

C.

Requirements for approval.

(1)

The requirements for approval for a site development permit set forth in Section 9.240.330.(3) shall not apply to applications for residential care facilities, seven (7) or more persons and group homes, large. Instead, to approve a ministerial site development permit for residential care facilities, seven (7) or more persons and group homes, large, the following findings must be made:

(a)

The proposed use must conform to all the requirements of the Jurupa Valley General Plan and with all applicable requirements of state law and the ordinances of the city.

(b)

The plan shall consider the location and need for dedication and improvement of necessary streets and sidewalks and shall take into account topographical and drainage conditions, including the need for dedication and improvements of necessary structure as a part thereof.

(b)

All site development permits which permit the construction of more than one (1) structure on a single legally divided parcel shall, in addition to all other requirements, be subject to a condition which prohibits the sale of any existing or subsequently constructed structures on the parcel until the parcel is divided and a final map recorded in accordance with Title 7 in such a manner that each building is located on a separate legally divided parcel.

(Ord. No. 2023-08, § 40, 5-18-2023)

Editor's note— Ord. No. 2023-08, § 40, adopted May 18, 2023, set out provisions intended for use as § 9.240.560. Inasmuch as there were already provisions so designated, said section has been codified herein as § 9.240.563 at the discretion of the editor.

A.

Development standards. The following development standards shall apply to emergency shelters. If there is a conflict between the development standards set forth in this section and the development standards of the underlying zone where the emergency shelter will be located, the standards in this section apply.

(1)

For purposes of this section, the term "client" shall mean a homeless person who uses the facilities of an emergency shelter to eat, shower or sleep but is not a staff member.

(2)

A minimum of one hundred twenty-five (125) square feet of floor area shall be provided for each client served (eating, showering or sleeping) at any one (1) time. One (1) bed shall be provided for each client sleeping at the emergency shelter.

(3)

The minimum interior waiting and client intake area for a shelter with fourteen (14) or fewer beds shall be one hundred twenty-five (125) square feet. The minimum interior waiting and client intake area for a shelter with fifteen (15) or more beds shall be two hundred (200) square feet.

(4)

The minimum exterior waiting and client intake area for a shelter with fourteen (14) or fewer beds shall be four hundred fifty (450) square feet. The minimum exterior waiting and client intake area for a shelter with fifteen (15) or more beds shall be nine hundred (900) square feet.

(5)

Off-street parking shall be sufficient to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.

(6)

Outdoor lighting shall be provided in all parking areas, exterior waiting and client intake areas, and outdoor common areas.

(7)

If the emergency shelter accommodates both men and women, separate sleeping, lavatory and bathing areas shall be provided for men and for women.

(8)

An emergency shelter shall have a manager and at least one (1) other staff member present on site during all hours of operation. If the emergency shelter accommodates both men and women, one (1) employee, manager or staff member, of each sex shall be present during all hours of operation. The manager and all staff members shall be persons who maintain a separate residence.

(9)

No client shall be allowed to stay more than three hundred (300) total days within any twelve (12) month period or more than one hundred eighty (180) consecutive days.

(10)

No emergency shelter shall be located on a lot where any lot line of such lot is within three hundred (300) feet of any lot line of a lot where another emergency shelter is located.

(Ord. No. 2023-08, § 41, 5-18-2023)