(2025-417, 07/16/2025) 

The purpose of this chapter is to provide general development standards in order to ensure that future development is well designed, has a desirable character, and is integrated with existing and future development.

Effective on: 1/1/1901

The standards of this chapter apply to more than one zoning district (residential, commercial, etc.). To eliminate redundancies, these standards have been combined in this chapter. These standards shall be considered in combination with any additional standards outlined in the individual zones included in Article III (Zones). Where there may be a conflict, the standards specific to the zoning district shall override the general standards in this chapter. In addition to the standards of this chapter, the City of Menifee Design Guidelines and Objective Design Standards for SB 35 qualified multi-family residential projects are incorporated by reference.

(2022-338, 04/06/2022)

Effective on: 5/6/2022

This section establishes standards to ensure the provision of open areas around structures for visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.

1. A.
   Setback Requirements. All structures shall conform with the setback requirements established for each zoning district by Article 3 (Zones), and with any special setbacks established for specific uses by this Title. Except as otherwise specified in this Title, required yard areas shall be kept free of buildings and structures. Each yard shall be open and unobstructed from the ground upward, except as provided in this section. Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way.
2. B.
   Exemptions from Setback Requirements. The minimum setback requirements of this Title apply to all uses except the following:

   1. 1.
      Fences or walls constructed within the height limitations of this Title;
   2. 2.
      Decks, freestanding solar devices, steps, terraces and other site design elements that are placed directly upon the finished grade and do not exceed a height of 18 inches above the surrounding finished grade at any point;
   3. 3.
      Retaining walls less than 3 feet in height above the finished grade;
   4. 4.
      Water elements such as fountains, ponds and other water treatments, may be placed in setback areas, provided they are integral to the overall architectural or landscape design of the site and do not create a traffic safety hazard;
   5. 5.
      Public art, such as sculptures, statues, murals and other installations of an adequately durable and weatherproof design, may be placed in street setback areas, provided they are integral to the overall architectural or landscape design of the site and do not create a traffic safety hazard.
3. C.
   Measurement of Setbacks. Setbacks shall be measured as follows (see Figure 9.160.030-1):

   1. 1.
      Front Yard Setbacks. Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street. The setback shall be measured at right angles from the front property line, establishing a setback line parallel to the front property line that extends from the side property lines on each side. In the case of a lot abutting two or more streets (corner lot), the front yard shall be the shortest length of the lot abutting a street, unless otherwise designated by the Community Development Director.

      1. a.
         Flag Lots. The measurement shall be taken from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel, establishing a building line parallel to the lot line nearest to the public street or right-of-way.
   2. 2.
      Interior Side Yard Setbacks. The interior side yard setback shall be measured at right angles from the nearest point on the interior side property line, establishing a setback line parallel to the side property lines that extends between the front and rear yards.
   3. 3.
      Corner Side Yard (street side) Setbacks. The side yard on the street side of a corner parcel shall be measured at right angles from the nearest point of the side property line adjoining the street, establishing a setback line parallel to the side property line that extends between the front and rear yards.
   4. 4.
      Rear Yard Setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel, establishing a setback line parallel to the rear property line that extends between the side property lines.
   5. 5.
      Through Lots. On through lots, either lot line separating such lot from a street may be designated as the front lot line. In such cases, the minimum rear yard shall not be less than a required front yard in the zone in which such lot is located.

Figure 9.160.030-1 Setback Designations

4. D.
   Allowed Projections into Setbacks. The following architectural features, not providing additional floor space, may extend into the front, side and rear yard setbacks, only as follows:

   1. 1.
      Chimneys/Fireplaces. A chimney/fireplace, up to 6 feet in width, may extend 2 feet into a required setback, but no closer than 3 feet to a side or rear property line.
   2. 2.
      Canopies, Cornices, Eaves, Roof Overhangs and Wall Projections. Architectural features on the primary structure, including, but not limited to, balconies, bay windows, canopies, cornices, eaves, wall projections, overhangs and decorative features, that do not increase the floor area enclosed by the structure may extend 2 feet into required yards.
   3. 3.
      Porches and Stairways. Covered, unenclosed porches, located at the same level as the entrance floor of the structure and outside stairways and landings that are not enclosed, may extend 3 feet into required yards, with a minimum 5-foot setback to the rear property line.
   4. 4.
      Attached Covered Patios. Covered but unenclosed patios and pergolas attached to the primary structure may extend no more than 50% into a required rear yard setback.
   5. 5.
      Mechanical Equipment. Ground- mounted outdoor air conditioning units and mechanical equipment for indoor climate control, pool equipment, or solar equipment may extend 3 feet into the rear yard and 2 feet into the side yard. Mechanical equipment is not permitted in the front yard.

(2025-417, 07/16/2025) 

Effective on: 8/16/2025

The following rules apply to the calculation and determination of height of structures in the city. The intent of these regulations is to provide for compatibility in the measurement of building height under a variety of circumstances (e.g., sloped site).

5. E.
   Height Measurement. The height of a structure shall be measured as the vertical distance from the average finished grade at the perimeter of the structure to the highest point of the structure.  
6. F.
   Height Limits. Height limits are established throughout this Title. Primarily, height limits are listed in the chapters of Article 3 (Zones) in development standards by zone. Additional height limits are established for accessory structures, fences and walls, outdoor lighting and signs and are contained in subsequent chapters of this Article 4.
7. G.
   Height Exceptions. Height limits typically exclude architectural features and appurtenances such as, but not limited to, chimneys, antennas, elevators, windmills and similar mechanical equipment.

   1. 1.
      Architectural Features. Chimneys, cupolas, flagpoles, monuments, radio and other towers, gas storage holders, water tanks and similar structures and mechanical appurtenances may be permitted in excess the zone's of building height limits by no more than 15 feet, provided, however, that the same may be safely erected and maintained at such height in view of the specific conditions and circumstances affecting the structure and adjacent properties.
   2. 2.
      Structures in Residential Districts.

      1. a.
         Antenna, Noncommercial. One noncommercial antenna may be permitted up to 52.5 feet in height for each parcel. Antennas shall be set back from all property lines at least 1.25 times the height of the antenna. Height does not include the additional height of whip antennas. Additional antennas shall require a conditional use permit.
      2. b.
         Windmills, Noncommercial. One noncommercial windmill may be permitted up to 35 feet in height for each parcel. Structures shall be set back from all property lines at least 1.25 times the height of the structure, measured to the top of the highest element of the structure. Additional windmills shall require a conditional use permit. Up to a 50% increase in height, to 52.5 feet, may be approved subject to a conditional use permit.

(2025-417, 07/16/2025) 

Effective on: 8/16/2025

1. A.
   Access to Streets. Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road, or a private street or road, conforming to city standards. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking.
2. B.
   Access to Structures.

   1. 1.
      Accessory structures and architectural features shall not obstruct access to primary structures or accessory living quarters. Also refer to Chapter 9.165 (Accessory Structures).
   2. 2.
      Fences and walls blocking access shall incorporate an access gate or other suitable opening at least 12 feet or greater in width, or per Fire Department requirements, to provide vehicle access to parking areas and at least 48 inches in width to allow pedestrian access to primary or accessory structures.

(2025-417, 07/16/2025) 

Effective on: 8/16/2025

1. A sight visibility area shall be provided at the intersection of all streets and of all streets and major driveways leading to common parking areas (excluding single-family residential).
2. Nothing shall be placed or allowed to grow in the corner cutoff area greater than 36 inches from the top of the curb that obstructs visibility or threatens vehicular or pedestrian safety. The sight visibility area requirement is based upon Public Works Department Standard 81 "Intersection Site Distance."

Effective on: 1/1/1901

This chapter establishes regulations for the design and location of accessory structures and amenities in residential zones to help ensure that such structures are adequately designed and are integrated and compatible with the character of the primary structure on a lot and that of the surrounding properties. Provisions regulating the use of metal shipping containers as accessory storage facilities on residentially designated properties are also included in this chapter.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

The regulations in this chapter apply only to agricultural and residential zones in Menifee, including AG, RM, RR5, RR2, RR1, RR1/2, LDR-1, LDR-2, LMDR, MDR, MHDR and HDR. Nonconforming accessory structures are addressed in Chapter 9.15.

Effective on: 1/1/1901

Accessory structures and outdoor amenities shall be permitted in accordance with subsection 9.80.020.C. Single-story, detached, accessory buildings – such as tool and storage sheds, playhouses, or similar uses – may be exempt from building permit requirements, provided that the floor area does not exceed 120 square feet, contain no electrical, plumbing, or mechanical components, and the structure is specifically exempted under the California Building Code.

(2025-417, 07/16/2025) 

Effective on: 8/16/2025

An accessory structure (not including metal shipping containers, see Section 9.165.060-110) is permitted in all residential zones subject to the following requirements, which are in addition to any requirements of that residential zone.

1. A.
   Location. Accessory structures shall be located only in rear and interior side yards or within the allowable buildable area.
2. B.
   Height. Accessory structures shall not exceed a height of 16 feet, except they shall be allowed up to the maximum building height in the agricultural and rural residential zones.
3. C.
   Separation. Accessory structures shall be located at least 10 feet from the primary building and at least 5 feet from another accessory structure.
4. D.
   Setbacks. Setback requirements and the placement of accessory structures in the required yards are set forth in Table 9.165.040-1, Accessory Structures Setbacks.

5. E.
   No accessory structure shall be erected unless a primary building exists on the parcel. 
6. F.
   Accessory uses and structures shall be incidental to and not alter the residential character of a parcel.
7. G.
   No accessory structure, or total square footage of multiple accessory structures, shall occupy more than 30% of the rear yard of a parcel.  No accessory structure shall be greater than 600 square feet for lots less than one-half acre, 900 square feet for one-half to 1 acre, or 3,000 square feet for lots greater than 1 acre.
8. H.
   Lot coverage calculations shall include all enclosed accessory structure area on a lot or parcel.
9. I.
   In the case of through lots, no accessory structure shall encroach upon the required front yard on either street. In the event that the front yard and rear yards cannot be clearly determined, the Community Development Director will determine the required setbacks.
10. J.
    Accessory structures shall include eaves or overhangs and be compatible with the materials, colors and architecture, including roof pitch, of the primary building or residence.
11. K.

     Landscape screening shall be provided on-site to the satisfaction of the Community Development Director or their designee when the structure is visible from the public right-of-way.

12. L.

    Accessory buildings or structures located in the RR1, RR1/2, LDR-1, LDR-2, LMDR and MDR zones shall be architecturally compatible with or superior to the primary dwelling unit; Bare metal and aluminum sided and roofed buildings (metal buildings without paint or exterior architectural coatings or treatments) shall be are prohibited as the primary architectural material and shall only be used as accent finishes to the building.

13. M.

    Accessory buildings or structures located in the AG, RM, RR5, and RR2 zones shall be architecturally compatible with, or superior to the primary dwelling unit. Bare metal buildings are permitted only if painted to match surrounding structures.

14. N.
    Accessory structures shall not be placed within a lot in a manner which would cause significant environmental impacts to drainages, watercourses, sensitive habitat, or archeological or paleontological resources.
15. O.
    An accessory structure used for vehicle storage shall have clear, unobstructed access to the structure across the parcel. No additional curb cuts may be installed for the accessory structure unless otherwise approved by the City Engineer.
16. P.
    The use of metal storage container(s) to construct an underground facility shall be prohibited.

(2022-351, 09/21/2022; 2025-417, 07/16/2025) 

Effective on: 8/16/2025

An amenity structure is permitted in all residential zones subject to the following requirements, which are in addition to any requirements of that residential zone.

1. A.
   Location. Amenities shall be located only in rear and interior side yards or within the allowable buildable area.
2. B.
   Setbacks. Setback requirements and the placement of amenities in the required yards are set forth in Table 9.165.050-1, Outdoor Amenities Setbacks.

(2025-417, 07/16/2025) 

Effective on: 8/16/2025

Metal shipping containers shall conform to the following standards:

1. A.
   Use.

   1. 1.
      Metal shipping containers shall be allowed in all zones on a temporary basis during construction, grading operations when utilized solely for the storage of supplies and equipment that are used for the construction, grading  on that site.
   2. 2.
      Within Agriculture and Rural Residential zones, metal shipping containers shall be an accessory use for storage and shall not be used for habitable space, except as allowed by Section A.3 below.
   3. 3.
      Alternative allowances, including size, screening, condition, location, or habitation, may be considered and approved by the Planning Commission under review and approval of a Conditional Use Permit.
2. B.
   Minimum Lot Size.

   1. 1.
      No new Metal Shipping Containers may be placed on lots of less than 1 acre.
   2. 2.
      One shipping container (not exceeding 20 feet in length) may be located on lot of 1 acre or greater.
   3. 3.
      No more than one (1) shipping container is allowed on lots of 1-5 acres.
   4. 4.
      No more than two (2) shipping containers are allowed on lots of 5 acres or greater.
3. C.
   Setbacks. Metal shipping containers shall not be located closer than 50 feet from any property line along a street frontage, nor within the area in front of the leading edge of the home upon the residential property, or within any required parking space. For the rear yard, interior side yard, and corner side yard setbacks, the zone's development standards shall apply. 
4. D.
   Enhancements.

   1. 1.
      Metal Shipping Containers shall be painted a neutral earth-tone or a color consistent with the principal building or dwelling unit.
   2. 2.
      Metal shipping containers shall be screened from view of public rights-of-way or adjacent residential properties by residential structures, landforms or physical features of the lot, landscaping or opaque fencing of up to 6 feet in height with any visible remaining exterior portion of the container(s) painted in a manner compatible with the principal residence or to blend with the existing landscaping on-site.
   3. 3.
      Screening shall be waived if the container(s) is/are completely encased within an on-site, stick-built skin and eaves, which are architecturally consistent with the primary residence on-site.
5. E.
   Size. Containers shall not exceed 50 percent of the floor area of the primary residence on-site, inclusive of all accessory structures.
6. F.
   Placement.

   1. 1.
      Metal shipping containers shall conform with all health, safety development, and environmental requirements. 
   2. 2.
      Metal shipping containers shall not be placed upon a residential lot in a manner which would cause significant impacts to drainages, watercourses, sensitive habitat, or archeological or paleontological resources.
   3. 3.
      Metal shipping containers shall not be stacked vertically.

(2022-351, 09/21/2022; 2025-417, 07/16/2025) 

Effective on: 8/16/2025

All existing metal shipping containers in place on residentially designated properties within the City 30 days prior to adoption of Ordinance 2014-142, which adoption occurred on August 20, 2014, and for which a metal shipping container notification/registration was filed with the Community Development Department on or before September 19, 2015, are hereby ratified and allowed to remain on the residential property in the same location and placement. Existing containers may not be moved, repositioned or relocated, except in conformance with Section 9.165.060. All metal shipping containers in place on the effective date of adoption of Ordinance 2014-142 must have been registered with the Community Development Department by September 19, 2015. If a property owner, or individual in control of the property, failed to comply with the notification requirement, the property owner may be ordered to remove the containers from the residential property, at the discretion of the Community Development Director. Any such order by the Community Development Director shall be subject to the appeal provisions of Section 2.20.150 of the Menifee Municipal Code. An appeal fee shall be submitted with any notification requirement appeal application until an alternative notification requirement appeal fee is established by City Council resolution.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

1. A.
   All non-conforming or unpermitted metal shipping containers shall obtain plot plan approval or shall be removed from residential property prior to or upon the property’s sale or transfer. Failure of the property owner, or individual in control of a property, to obtain plot plan approval or remove all containers from a residentially designated property in conformance to this chapter shall be in violation of the Menifee Municipal Code.
2. B.
   It is the responsibility of the residential property owner, that prior to or upon the sale, transfer or any change in ownership of residential property where a container(s) are located, to remove or obtain plot plan approval for all non-conforming or unpermitted metal shipping containers from that residential property. Non-conforming or unpermitted metal shipping containers not so approved or removed in accordance with the provisions of this section at the time of sale or transfer shall be, by the authority of this chapter, in violation of this chapter and be subject to removal at a date determined by the City.
3. C.
   If a property owner, or individual in control of the property, failed to comply with the notification requirement of Ordinance 2014-142, the property owner may be ordered to remove the containers from the residential property, at the discretion of the Community Development Director. Any such order by the Community Development Director shall be subject to the appeal provisions of Section 2.20.150 of the Menifee Municipal Code. An appeal fee shall be submitted with any notification requirement appeal application until an alternative notification requirement appeal fee is established by City Council resolution.

 (2025-417, 07/16/2025)

Effective on: 8/16/2025

The purpose of cluster development subdivision development is to provide:

1. Site planning and unity of design in harmony with the natural features and constraints of specific sites, and particularly on sites with unique or severe topographic or hydrologic features and biological resources.
2. Protection of natural, historic and man-made elements of scenic, environmental or cultural significance.
3. Design innovation.
4. Flexibility of siting of structures and roadways.
5. More cost-effective development due to decreased grading and more efficient servicing of the development with utilities, roads and other essential services.
6. Additional open space for private or community purposes.
7. A preferred planning tool for the development of land within constrained or otherwise lands suitable for preservation.

Effective on: 1/1/1901

For the purpose set forth earlier in this chapter and to promote natural resource preservation and conservation and to minimize the construction and maintenance costs of community facilities and utilities, all directed toward the objective of fostering land development of good quality and design at reasonable economic cost, the Planning Commission is hereby authorized to review and act upon all cluster development subdivisions in accordance with the following provisions. In all cases, the Planning Commission shall have the full authority of subdivision approval, approval with conditions or denial, as authorized by the Subdivision Map Act.

Effective on: 1/1/1901

This chapter applies to any proposed single-family residential development that would benefit from or achieve one or more of the purposes. Cluster development subdivisions shall be permitted for a residential development consisting of five or more residential lots.

Effective on: 1/1/1901

1. General Standards. Cluster development subdivisions, and adjustments of residential lot standards, shall comply with the following standards:
   1. All development shall be located on the more level and unconstrained portions of the site, while steeper and environmentally sensitive areas shall be preserved in a natural state.
   2. Lots developed through cluster development subdivisions may be smaller in size than would be allowed by the underlying zone, so long as the following occurs:
      1. The resultant development generally retains the architectural mass, bulk and scale of surrounding/existing development.
      2. The resultant development preserves, as much as feasible, other environmentally sensitive areas or habitat on-site.
2. Lot Count. The permitted number of dwelling units may not exceed the number which could be permitted, taking into consideration natural and regulatory constraints, if the parcel(s) were subdivided into lots conforming to all the normally applicable requirements of this Title, including the Subdivision Ordinance, and all other applicable laws and standards. The basis for this determination will be a conceptual conventional subdivision map layout for the subject parcel(s), and any other information as may be required by the Planning Commission.
3. Cluster Development Subdivisions. At the written request of the applicant, the Planning Commission may modify the zoning regulations in one-family residence districts with respect to lot area and dimensions provided that:
   1. Such modifications result in design and development which promote the most appropriate use of the land, facilitate the adequate and economical provision of streets and utilities, and preserve the natural and scenic qualities of open lands.
   2. The permitted number of dwelling units in no case exceeds the number which could be permitted, in the Planning Commission’s judgment, if the land were subdivided into lots conforming to all the normally applicable requirements of this chapter, the Subdivision Ordinance, and all other applicable standards.
   3. The maximum permitted building height and the minimum permitted floor area requirements shall be the same as those normally applicable to other dwellings in the zoning district in which the property is located.
   4. The dwelling units permitted may be detached, semi-detached or attached structures, provided there shall be no more than six dwelling units in any single structure.
   5. Open Space Requirements.
      1. Cluster development subdivisions shall be designed to save as much of the natural open space as feasible, but in no case shall the open space be less than 25% of the gross site area.
      2. Conservation open space ownership and control shall be only by one of the following:
         1. As part of an individual, private lot with recorded open space covenants running with the land.
         2. By the City of Menifee, as legally dedicated to and approved by the City Council.
         3. By the Western Riverside County Resource Conservation Authority.
         4. By a qualified nonprofit conservation organization as deemed acceptable by the City.
      3. Conservation open space does not include public or private streets, driveways, parking areas, channelized drainage ways and disturbed, unvegetated areas.
   6. In addition to compliance with any special standards, requirements and procedures as set forth in this chapter, cluster development subdivisions shall also be subject to review and public hearing by the Planning Commission in accordance with the same procedures as would otherwise be applicable to conventional subdivisions.
   7. Upon the filing of the subdivision map in the office of the County Clerk, a copy shall be required to be filed with the City Clerk, who shall make the appropriate notations and references thereto on the official copy of the Zoning Map.

Effective on: 1/1/1901

The purpose of this chapter is to outline procedures to comply with the City's requirements for dedications and improvements for non-subdivision projects. In addition, this chapter identifies procedures for granting a delay, deferral or waiver for required street dedications and improvements.

Effective on: 1/1/1901

The standards contained in this chapter shall apply to the following:

1. New Uses and Buildings. All new buildings constructed and all uses established after the effective date of this ordinance shall provide street dedications and improvements as required by this chapter.
2. Existing or Modified Uses and Buildings. Modified uses or buildings which would result in an increase or intensification in vehicular and/or pedestrian traffic shall provide street dedications and improvements as required by the chapter. Additions that exceed 650 sq. ft. could be subject to provide street dedications and improvements as required by this chapter.
3. Exceptions. The requirements of this chapter for street dedications and/or improvements may be delayed, deferred, or waived in accordance with the procedures set forth in Section 9.175.070 (Delay, or Deferral or Waiver of Street Dedications and Improvements).

Effective on: 1/1/1901

Street dedication and improvement requirements, as well as other potential off-site improvements, shall be imposed during review of any permit for a discretionary approval for development projects. Additional approvals may need to be obtained prior to work commencing for improvements in the public right-of-way, including obtaining an encroachment permit.

Effective on: 1/1/1901

1. Prior to the issuance of a Certificate of Occupancy for any building, any new construction and associated improvements shall be subject to the requirements of this chapter. The City Public Works Director or City Engineer shall review development and associated improvements to determine the following:
   1. That all of the required dedications have been provided, as required by the approved development plans.
   2. That all of the required street improvements have either been installed or that a cash deposit, surety bond or other form of surety acceptable to the City in an amount equal to the estimated cost of the street improvements has been posted with the City to ensure the installation of said street improvements.
   3. In the event a property owner does not commence and complete the improvements within the time period required by the City Engineer, or construct the improvements to city standards, the City shall have the right to forthwith commence and/or complete the improvements and be reimbursed for the cost thereof.
2. The requirements imposed by this chapter to either construct street improvements or pay a local or citywide street improvement impact fee may be deferred if the property owner applies for, and receives authorization to enter into, a deferral agreement with the City, in accordance with Section 9.75.070 (Deferral or Waiver of Street Dedications and Improvements).
3. The applicant of the building permit shall do all grading necessary to install the improvements and shall at their own expense relocate or remove all structures, utilities, trees, irrigation lines and other objects within the right-of-way which interfere with the installation of the improvements.
4. Where additional street or alley right-of-way is required in order to properly align the required improvements with the existing or planned improvements on the same block frontage, the applicant shall dedicate the necessary right-of-way, provided that the requirement for dedication shall only apply for construction of new buildings and shall not apply to an addition or renovation of an existing structure unless the renovation or addition creates an increase in traffic that warrants the offsite improvement.
5. Where existing driveway depressions or approaches are abandoned or are not required for access to the property due to proposed improvements, they shall be removed and replaced with adequate curb, gutter and sidewalk that meet City standards.

Effective on: 1/1/1901

Except as delayed or deferred pursuant to 9.75.070 below:

1. New Single-Family Residence. Property owners that construct a new single-family residence(s) shall be responsible for the construction of required improvements along the street frontage of their lot.
2. Expanded Single-Family Residence. Property owners that construct an addition(s) that exceed 650 square feet shall be responsible for the construction of required improvements along the street frontage of their lot.
3. Exception. For any project for which Planning Commission or City Council approval is required, the approving authority shall have the discretion to either require the construction of street improvements, require the payment of the applicable street improvement impact fee or defer/waive such improvement subject to an executed deferral or waiver agreement between the City and the responsible party.

Effective on: 1/1/1901

Except as delayed or deferred pursuant to 9.75.070 below:

Property owners constructing a new multi-family, commercial or industrial building; or changing the use of an existing building, shall be responsible for the construction of required improvements along the street frontage(s) of their lot. Improvements shall include, but may not be limited to, concrete curb and gutter, street lighting, parkway landscaping, trails, as well as sidewalks, constructed consistent with City standards. Offsite improvements may also be required.

Effective on: 1/1/1901

1. Request for Deferral or Waiver. Request for a deferral or waiver of any requirement for street dedication and/or street improvement may be made to the City Manager, who shall have the authority to defer or waive any of the requirements subject to an executed deferral or waiver agreement between the City and the responsible party if the City Manager finds the following conditions stated in Section 9.175.070.C
   1. Exception. For any project for which Planning Commission or City Council approval is required, the approving authority shall have the discretion to either require the construction of street improvements, require the payment of the applicable street improvement impact fee or defer/waive such improvement subject to an executed deferral or waiver agreement between the City and the responsible party.
2. Conditions of Approval. In approving a request for deferring, delaying or waiving public improvements, the approving authority shall impose reasonable and appropriate conditions in order to achieve the purposes of this development code, ensure consistency with the goals and policies of the General Plan and justify making the necessary findings. Conditions shall include but are not limited to the following:
   1. Delayed Improvements – Bonding. Where it is impractical to dedicate right-of-way and/or complete installation of street improvements prior to occupancy or commencement of a use subject to these requirements, an agreement in writing shall be entered into with the City to make such improvements. Additionally, a cash deposit, a surety bond, an irrevocable letter of credit or such other form of surety as may be acceptable to the City, in an amount equal to 130% of the estimated cost of the improvements, shall be posted with the Public Works and Engineering Department in lieu thereof to guarantee the installation of such improvement. In that event, the actual installation of street improvements may be delayed until a time certain as identified in the agreement or upon written demand by the City. If surety bonds are submitted, they shall be furnished by a surety company authorized to write such bonds in the state of California.
   2. Written Agreement Required. Prior to deferring any improvement requirement, a written agreement from the applicant shall be required, agreeing to participate in any street improvement program for the area in which the property is located, whether privately or publicly initiated. If approved by the City Council on appeal, any such deferral agreement shall be executed by the City Manager on behalf of the City. This agreement shall be recorded with the County Recorder.
3. Findings for Approval. Prior to deferring or delaying any dedication or improvement requirement as prescribed by this chapter, the approving authority shall make both of the following findings:
   1. The strict application of the particular requirement will cause unnecessary hardship to the applicant.
   2. There are exceptional circumstances or conditions applicable to the subject property, or to its proposed use or development which makes the application of the requirement unfair and oppressive to the applicant.
   3. The granting of a deferral or waiver from such requirement would not adversely affect the public health, safety, or general welfare, nor be detrimental to any property or improvements in the immediate vicinity of the property.
   4. That the improvements being deferred or delayed do not postpone improvements which are a necessary prerequisite to the use and orderly development of the surrounding area.
4. Appeals. Any action by the City Manager or Planning Commission pertaining to a request to defer public improvements may be appealed to the City Council in accordance with Section 9.30.100 (Appeals).

Effective on: 1/1/1901

This chapter implements the statutory requirements set forth in Government Code Sections 65915–65918 (known as state density bonus law). To the extent practicable, the citation to the governing statutory provision is included next to the implementing ordinance section. If any provision of this chapter conflicts with state law, the latter shall control. Applicable statutes should be consulted for amendments prior to applying the ordinance provision.

Effective on: 1/1/1901

The density bonuses, incentives and concessions contained in this chapter shall apply to housing developments eligible for a density bonus under state density bonus law. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City’s jurisdiction that meets the requirements set out in California Government Code Section 65915, the actions and procedures set out in this chapter shall apply. The burden is on the applicant to show that the housing development meets such requirements. The density bonus provisions of California Government Code Section 65915 et seq., as may be amended from time to time, are incorporated by reference into this chapter. The City reserves the right to review applications for a density bonus in accordance with state density bonus law. Please refer to the Chapter 9.305 (Special Standard and Use Definitions) of this Development Code for definitions applicable to the density bonus provisions of this Chapter.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. A.
   Density bonuses are available to affordable housing developers in accordance with this chapter for the following:

   1. 1.
      Housing developments, including a shared housing building development, for rental or sale to lower income households, which include a minimum affordable housing component (Section 9.180.060 and Section 9.180.115).
   2. 2.
      Housing developments which include a minimum affordable housing component and a childcare facility (Section 9.180.070).
   3. 3.
      Senior citizen housing developments, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. A senior housing development may also include a shared housing building development. (Section 9.180.080).
   4. 4.
      Housing development which includes a minimum affordable housing component for transitional foster youth, disabled veterans, or homeless persons (Section 9.180.090).
   5. 5.
      Student housing developments which include a minimum affordable housing component (Section 9.180.100).
   6. 6.
      Land donations for very low-income housing (Section 9.180.110).
   7. 7.
      Commercial development partnering with an affordable housing developer which includes a minimum affordable housing component (Section 9.180.117).
2. B.
   For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels (Government Code Section 65915(i)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. Application Filing and Processing. When an applicant seeks a density bonus for a housing development that meets the criteria in Section 9.180.060, the affordable housing developer shall comply with all the following requirements:
   1. File an application for a density bonus in accordance with this section that includes a minimum affordable housing component, whether or not the project also requires or has been granted a conditional use permit or other permits or approvals (Government Code Section 65915(d)(1)).
   2. State in the application the specific minimum affordable housing component proposed for the housing development (Government Code Section 65915(b)(2)).
   3. Enter into an agreement with the City or its designee pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) to maintain and enforce the affordable housing component of the housing development (Government Code Section 65915(c)).
2. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).
   1. If an application for a density bonus requires an unusual amount or specialized type of study or evaluation by City staff, consultant or legal counsel, City staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the City Council decides the application, City staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant, and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

Effective on: 1/1/1901

A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Government Code Section 65915(d).

Effective on: 1/1/1901

1. A.
   If the requirements of Section 9.280.030 (Eligibility for Density Bonus and Incentives) are met, the affordable housing developer is entitled to a density bonus pursuant to Government Code Section 65915(f) as shown in Table 9.180.060-1, Density Bonus Allowance for Housing Development Projects with Affordable Housing Component.

2. B.
   As demonstrated in Table 9.180.060-1, the amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable units offered by the applicant exceeds the percentage of the minimum affordable housing component; the applicant may also elect to accept a lesser percentage of density bonus (Government Code Section 65915(f)).
3. C.
   Bonus units are not subject to affordability restrictions in addition to the number of affordable units required to qualify for the density bonus.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. A.
   Criteria. For a density bonus to be granted pursuant to Subsection 9.180.070.B relative to a minimum affordable housing component with a childcare facility in a housing development, all of the following shall be satisfied:

   1. 1.
      The development complies with Section 9.180.030 (Government Code Section 65915(h)(1)).
   2. 2.
      The housing development includes a childcare facility that will be located on the premises of, as part of, or adjacent to the housing development (Government Code Section 65915(h)(1)).
   3. 3.
      Approval of the housing development is conditioned to ensure that both of the following occur:

      1. a.
         The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Section 9.180.190 (Government Code Section 65915(h)(2)(A)).
      2. b.
         Of the children who attend the childcare facility, the children of very low-income households, low-income households, or moderate-income households shall constitute a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought (Government Code Section 65915(h)(2)(B)).
2. B.
   The City is authorized to not provide a density bonus as provided in this section upon substantial evidence that the community has adequate childcare facilities (Government Code Section 65915(h)(3)).
3. C.
   Density Bonus Allowance. If the requirements of Subsection 9.180.070. A are met, an applicant for a housing development with an affordable housing component and childcare facility is entitled to:

   1. 1.
      A density bonus pursuant to Section 9.180.060 (Density Bonus Allowance for Housing Development with Affordable Housing Component); and
   2. 2.
      An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility (Government Code Section 65915(h)(1)(A)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

An applicant for a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5 is entitled to a density bonus of 20% of the number of senior citizen housing development units (Government Code Section 65915(b)(1)(C)&(f)(3)(A)). No affordable units are required for senior units.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

An applicant for a housing development which includes a minimum of ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) and having the same affordability level as very-low income units, is entitled to a density bonus of 20% of the number of units set aside for transitional foster youth, disabled veterans, and homeless persons (Government Code Section 65915(b)(1)(E)&(f)(3)(B)). The units shall be subject to a recorded affordability restriction of 55 years.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. A.
   Criteria. For a density bonus to be granted pursuant to Subsection 9.180.100.C relative to a student housing development with minimum affordable housing component, all of the following shall be satisfied.

   1. 1.
      All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Com-mission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of approval, provide evidence to the City prior to building permit issuance, that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pur-suant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development (Government Code section 65915(b)(1)(F)(I).
   2. 2.

      The applicable 20-percent units will be used for lower income students (Government Code section 65915(b)(1)(F)(i)(II)).

   3. 3.
      The rent provided in the applicable units of the development for lower income students is calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type (Government Code section 65915(b)(1)(F)(III).
   4. 4.
      The housing development gives priority to lower income students experiencing homelessness (Government Code section 65915(b)(1)(F)(IV).
2. B.
   Unit. For purposes of calculating a density bonus pursuant to this section, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities.
3. C.
   Density Bonus Allowance. If the requirements of Subsection 9.180.100.A are met, an applicant for a student housing development with an affordable housing component is entitled to a density bonus of 35% of the number of student housing units. (Government Code section 65915(F)(3)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. A.
   Criteria. For a density bonus for a qualified land donation to be granted pursuant to Section 9.180.110.B, all the requirements of this section shall be met.

   1. 1.
      The applicant is applying for a tentative subdivision map, parcel map or other residential development approval (Government Code Section 65915(g)(1)).
   2. 2.
      The application includes at least a 10% minimum affordable housing component for very low-income households (Government Code Section 65915(g)(1)).
   3. 3.
      An applicant shall be eligible for an increased density bonus described in this section if all of the following criteria and conditions are met:

      1. a.
         The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low-income households in an amount not less than 10% of the number of residential units of the proposed development pursuant to Government Code Section 65915(g)(2)(B).
      2. b.
         The transferred land shall be at least 1 acre in size or of sufficient size to permit development of at least 40 units, have the appropriate General Plan land use designation, be appropriately zoned with appropriate development standards for development at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure (Government Code Section 65915(g)(2)(C)).
      3. c.
         The qualified land shall be transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to an approved housing developer (Government Code Section 65915(g)(2)(F)).
      4. d.
         The qualified land has all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing affordable units on the qualified land, not later than the date of approval of the final subdivision map, parcel map or residential development application filed. However, the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City prior to the time of transfer (Government Code Section 65915(g)(2)(D)).
      5. e.
         The qualified land shall be donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g)(2)(A)).
      6. f.
         The qualified land and the affordable units are subject to a deed restriction ensuring continued affordability of the units consistent with Section 9.180.090 which shall be recorded against the qualified land at the time of the transfer (Government Code Section 65915(g)(2)(E)).
      7. g.
         The qualified land is within the boundary of the proposed development or, if the City agrees, within 0.25 mile of the boundary of the proposed development (Government Code Section 65915(g)(2)(G)).
      8. h.
         A proposed source of funding for the very low-income household units shall be identified no later than the date of approval of the final subdivision map, parcel map or residential development application (Government Code Section 65915(g)(2)(H)).
2. B.
   Density Bonus Allowance for Qualified Land Donation for Very Low-Income Housing. If the requirements of Section 9.180.110.A are satisfied, the applicant shall be entitled to at least a 15% increase above the otherwise maximum allowable residential density for the entire development, as shown in Table 9.180.110-1, Density Bonus Allowances for Qualified Land Donation Projects (Government Code Section 65915(g)(1)). This increase shall be in addition to any increase in density allowed under this Chapter, as mandated by Government Code Section 65915(b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this Section and Government Code Section 65915(b). All density calculations resulting in fractional units shall be rounded up to the next whole number.

3. C.
   All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(g)(2)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. A.
   Criteria. In order for a density bonus to be granted for a shared housing building under subsection 9.180.030.1, of this chapter, the shared housing development must meet the following criteria:

   1. 1.
      The shared housing building is a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants.
   2. 2.
      The kitchens and dining areas within the shared building shall be able to adequately accommodate all residents.
   3. 3.
      A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building.
   4. 4.
      A shared housing building may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor level of the shared housing building closest to the street or sidewalk of the shared housing building.
   5. 5.
      A shared housing unit means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code.

(2024-384, 02/07/2024) 

Effective on: 3/8/2024

1. A.
   When an application for approval of a commercial development has entered into an agreement for partnered housing described in Section 9.180.117.C, to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the City shall grant to the commercial developer a development bonus as prescribed in Section 9.180.117.C. Housing shall be constructed on the site of the commercial development or on a site that is all of the following:

   1. 1.
      Within the boundaries of the City.
   2. 2.
      In close proximity to public amenities including schools and employment centers.
   3. 3.
      Located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.
2. B.
   The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the City, that may include, but are not limited to, any of the following:

   1. 1.
      Up to a 20 percent increase in maximum allowable intensity in the General Plan.
   2. 2.
      Up to a 20 percent increase in maximum allowable floor area ratio.
   3. 3.
      Up to a 20 percent increase in maximum height requirement.
   4. 4.
      Up to a 20 percent reduction in minimum parking requirements.
   5. 5.
      Use of a limited-use/limited-application elevator for upper floor accessibility.
   6. 6.
      An exception to a zoning ordinance or other land use regulation.
3. C.
   For purposes of this section, the agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the City.
4. D.
   For purposes of this section, affordable housing may be contributed by the commercial developer in one of the following manners:

   1. 1.
      The commercial developer may directly build the units.
   2. 2.
      The commercial developer may donate a portion of the site or property elsewhere to the affordable housing developer for use as a site for affordable housing.
   3. 3.
      The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project.
5. E.
   For purposes of this section, Government Code Section 65915(c)(3)(A) shall apply.
6. F.
   Nothing in this section shall preclude additional allowances or incentives offered to developers by the City pursuant to law or regulation.
7. G.
   If the developer of the affordable units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in Section 9.180.117.C, the City may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.
8. H.
   In order to qualify for a development bonus under this section, a commercial developer shall partner with a housing developer that provides at least 30 percent of the total units for low-income Households or at least 15 percent of the total units for very low-income Households.
9. I.
   Nothing in this section shall preclude an affordable housing developer from seeking a density bonus, concessions or incentives, waivers or reductions of development standards or parking ratios under this Chapter.
10. J.
    A development bonus pursuant to this section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing.
11. K.
    For purposes of this section, “partner” means formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial development applicant and the affordable housing developer are each partners, members, shareholders or other participants, or a contract or agreement between a commercial development applicant and affordable housing developer for the development of both the commercial and the affordable housing properties.
12. L.
    This section shall remain in effect until January 1, 2028 and as of that date is repealed.

(2024-384, 02/07/2024) 

Effective on: 3/8/2024

Government Code Subsections 65915(d), (j), (k) and (l) govern the following provisions regarding affordable housing incentives.

1. A.
   Qualifications for Incentives. Subject to Section 9.180.140 (Criteria for Denial of Application for Incentives), all of the following applicable requirements must be satisfied in order for an applicant to be granted an incentive(s) pursuant to this subsection and Section 9.80.130 (Number of Incentives Granted):

   1. 1.
      The applicant for an incentive is also an applicant for a density bonus and qualifies for a density bonus pursuant to Section 9.280.030 (Government Code Section 65915(d)(1)).
   2. 2.
      A specific written proposal for an incentive(s) has or will be submitted with the application for density bonus (Government Code Section 65915(b)(1) and (d)(1)).
   3. 3.
      If an incentive(s) pursuant to Sections 9.280.030 and 9.80.120 is sought, the applicant shall establish that each requested incentive would result in identifiable, financially sufficient and actual cost reductions for the qualified housing development (Government Code Section 65915(k)(1) and (3)).
   4. 4.
      If an incentive(s) pursuant to Subsection 9.180.120.A(2) is sought, the applicant shall establish that the requirements of that section are met (Government Code Section 65915(k)(2)).
   5. 5.
      If an additional incentive for a childcare facility is sought pursuant to Subsection 9.180.070.B, the applicant shall establish that the requirements of that section are met (Government Code Section 65915(h)(1)(B)).
   6. 6.
      The granting of an incentive shall not be interpreted, in and of itself, to require a General Plan amendment, zoning change, or other discretionary approval (Government Code Section 65915(j)). An incentive is applicable only to the project for which it is granted. An applicant for an incentive may request a meeting with the Community Development Director and, if requested, the Community Development Director will meet with the applicant to discuss the proposal (Government Code Section 65915(d)(1)).
2. B.
   Types of Incentives. For the purposes of this chapter, incentive means any of the following:

   1. 1.
      A reduction in site development standards or a modification of development code requirements or design guidelines that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section 9.180.190.B (Government Code Section 65915(k)(1)).
   2. 2.
      Approval of mixed-use zoning in conjunction with the qualified housing development if commercial, office, industrial or other land uses will reduce the cost of the qualified housing development and if the commercial, office, industrial or other land uses are compatible with the qualified housing development and the existing or planned development in the area where the proposed qualified housing development will be located (Government Code Section 65915(k)(2)).
   3. 3.
      Other regulatory incentives proposed by the affordable housing developer or the City that result in identifiable, actual cost reductions to provide for affordable housing costs as defined as Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section 9.180.190.B. (Government Code Section 65915(k)(3)).
3. C.
   Direct Incentives Allowed. Nothing in this section limits or requires the provision of direct financial incentives by the City for the qualified housing development, including the provision of publicly owned land, or the waiver of fees or dedication requirements (Government Code Section 65915(l)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. A.
   Subject to Section 9.180.140 (Criteria for Denial of Application for Incentives), an applicant meeting the requirements of Subsection 9.180.120 shall receive the following number of incentives described below and as shown in Table 9.180.130-1, Incentive Allowances for Qualified Housing Developments.

   1. 1.
      One incentive for qualified housing development projects, including shared housing building developments, that include at least 5% of the total units for very low-income households, at least 10% for low-income households, or at least 10% for persons and families of moderate-income households in which the units are for sale in a common interest development. (Government Code Section 65915(d)(2)(A)).
   2. 2.
      Two incentives for qualified housing development projects, including shared housing building developments, that include at least 10% of the total units for very low-income households, at least 17% for low-income households, or at least 20% for persons and families of moderate-income households in which the units are for sale in a common interest development. (Government Code Section 65915(d)(2)(B)).
   3. 3.
      Three incentives for qualified housing development projects, including shared housing building developments, that include at least 15% of the total units for very low-income households, at least 24% for low-income households, or at least 30% for persons and families of moderate-income households in which the units are for sale in a common interest development. (Government Code Section 65915(d)(2)(C)).
   4. 4.
      Four incentives for qualified housing developments, including shared housing building developments, that include at least 16% of the total units for very low-income households or 45% moderate income units in which the units are for sale. (Government Code Section 65915(d)(2)(F)). 
   5. 5.
      Five incentives for qualified housing developments, including shared housing building developments, that include 100% of total units, exclusive of a manager's unit or units, for lower income households, except that up to 20% of the total units in the development may be for moderate-income households. If the project is within 1/2 mile of a major transit stop, the project shall also receive a height increase of up to three additional stories, or 33 feet. (Government Code 65915(d)(2)(D)).
   6. 6.
      One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development. (Government Code Section 65915(d)(2)(E)).
2. B.
   A qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (Government Code Section 65915(h)(1)(B)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

Except as otherwise provided in this chapter or by state law, if the requirements of Subsection 9.180.120.A (Affordable Housing Incentives) are met, the City shall grant the incentive(s) that are authorized by Subsection 9.180.120.B and Section 9.115.110 (Density Bonus for Land Donations) unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the City may refuse to grant the incentive(s):

1. The incentive is not required in order to provide affordable housing costs or affordable rents for the affordable units subject to the qualified housing development application (Government Code Section 65915(d)(1)(A)).
2. The incentive would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households (Government Code Section 65915(d)(1)(B); Government Code Section 65915 (d)(3)).
3. The incentive would be contrary to state or federal law (Government Code Section 65915(d)(1)(C)).
4. The City is authorized not to provide a density bonus as provided in this section upon substantial evidence that the community has adequate childcare facilities (Government Code Section 65915(h)(3)).

Effective on: 1/1/1901

1. Requirements for Waiver or Modification of Development Standards.
   1. Application. To qualify for a waiver or reduction of one or more development standards, the applicant shall submit a written application (together with an application for a qualified housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request (Government Code Section 65915(e)(1)). An applicant for a waiver or modification of development standard(s) pursuant to this Section may request a meeting with the Community Development Director to review the proposal. If requested, the Community Development Director shall meet with the applicant (Government Code Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this Section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 9.180.120 (Affordable Housing Incentives) (Government Code Section 65915(e)(2)).
   2. A housing development that receives a waiver from any maximum controls on density based on location relative to a major transit stop pursuant to Government Code Section 65915(f)(3)(D)(ii) shall not be eligible for, and shall not receive, a waiver or reduction of development standards, other than as expressly provided in Government Code Sections 65915(d)(2)(D) and (f)(3)(D)(ii).
   3. Findings. All of the following findings must be made for each waiver or reduction requested:
      1. The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this chapter (Government Code Section 65915(e)(1)).
      2. The requested waiver or reduction of a development standard will not have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the health, safety and/or physical environment or, if such a specific, adverse impact exists, there is a feasible method to satisfactorily mitigate or avoid the specific, adverse impact (Government Code Section 65915(e)(1)).
      3. The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources (Government Code Section 65915(e)(1)).
      4. The requested waiver or reduction of a development standard is not contrary to state or federal law (Government Code Section 65915(e)(1)).
   4. Granting Application for Waiver or Modification of Development Standards. If the requirements of Subsection 9.180.150.A are satisfied, the application for waiver or modification of development standard(s) shall be granted, and the City shall not apply a development standard that will have the effect of physically precluding the construction of a qualified housing development at the densities or with the incentives permitted by this chapter (Government Code Section 65915(e)(1)).

Effective on: 1/1/1901

1. A.
   Requirements for Parking Standard Modifications. Parking standard modifications pursuant to Subsection 9.180.160.B are available only for qualified housing developments. An application for parking standard modifications stating the specific modification requested pursuant to Subsection 9.180.160.B shall be submitted with the qualified housing development application (Government Code Section 65915(p)(3)).
2. B.
   Parking Standard Modifications. If the requirements of Subsection 9.180.160.A are met, the vehicular parking ratio, inclusive of handicapped and guest parking, shall not exceed the following per unit ratios (Government Code Section 65915(p)(1)), except where noted under Subsection 9.180.160.C (Exceptions):

   1. 1.
      Zero to one bedroom: 1 on-site parking space
   2. 2.
      Two to three bedrooms: 1.5 on-site parking spaces
   3. 3.
      Four and more bedrooms: 2.5 on-site parking spaces
3. C.
   Exceptions. Upon the applicant’s request, the following maximum parking standards shall apply, inclusive of handicap and guest parking, to the entire housing development subject to this chapter, as required by Government Code Section 65915(p)(2):

4. D.
   If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, “on-site parking” may be provided through tandem parking or uncovered parking, but not through on-street parking (Government Code Section 65915(p)(5)).
5. E.
   Except as otherwise provided in this section, all other provisions of Chapter 9.215 (Off-Street Parking and Loading) applicable to residential development apply.
6. F.
   An applicant may request additional parking incentives beyond those provided in this section if applied for pursuant to Section 9.180.120 (Government Code Section 65915(p)(3)).
7. G.
   Notwithstanding allowances in Subsection 9.180.160.C, if the City or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last 7 years, the City may impose a higher vehicular parking ratio not to exceed the ratio described in Subsection 9.180.160.B, based on substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio (California Government Code Section 65915(p)(7)).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

1. A.
   Project Design and Phasing. Projects seeking an affordable housing benefit pursuant to this chapter shall comply with the following requirements, unless otherwise specified in writing by the Community Development Director:

   1. 1.
      Location/Dispersal of Units. Affordable units shall be reasonably dispersed throughout the development where feasible and shall contain on average the same (or greater) number of bedrooms as the market-rate units.
   2. 2.
      Phasing. If a project is to be developed in phases, each phase must contain the same or substantially similar proportion of affordable units and market-rate units.
   3. 3.
      Exterior Appearance. The exterior appearance and quality of the affordable units must be similar to the market-rate units. The exterior materials and improvements of the affordable units must be similar to, and architecturally compatible with, the market-rate units.
2. B.
   Application Requirements. An application for one or more affordable housing benefits shall be submitted as follows:

   1. 1.
      Each affordable housing benefit requested shall be specifically stated in writing on the application form provided by the City.
   2. 2.
      The application shall include the information and documents necessary to establish that the requirements of this chapter are satisfied for each affordable housing benefit requested, including:

      1. a.
         For density bonus requests, that the requirements of Section 9.180.030 Eligibility for Density Bonus and Incentives) are met;
      2. b.
         For incentive requests, that the requirements of Section 9.180.120 (Affordable Housing Incentives) are met;
      3. c.
         For development standard waiver or modification requests, that the requirements of Section 9.180.150 (Waiver or Modification of Development Standards) are met; and/or
      4. d.
         For parking standard modification requests, that the requirements of Section 9.180.160 (Parking Standard Modifications for Qualified Housing Developments) are met.
   3. 3.
      The application shall be submitted concurrently with a complete application for a qualified housing development.
   4. 4.
      The application shall include a site plan that complies with and includes the following:

      1. a.
         For senior citizen housing development projects, the number and location of proposed total units and density bonus units.
      2. b.
         For all qualified housing development projects other than senior citizen housing development projects, the number and location of proposed total units, affordable units and density bonus units. The density bonus units shall be permitted in geographic areas of the qualified housing development other than the areas where the affordable units are located (Government Code Section 65915(i)).
      3. c.
         The location, design and phasing criteria required by Subsection 9.180.170.A, including any proposed development standard(s) modifications or waivers pursuant to Section 9.180.150 (Waiver or Modification of Development Standards).
   5. 5.
      The application for a qualified housing development shall state the level of affordability of the affordable units and include a proposal for compliance with Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) for ensuring affordability.
   6. 6.
      If a density bonus is requested for a qualified land donation pursuant to Section 9.180.110 (Density Bonus for Land Donations), the application shall show the location of the qualified land in addition to including sufficient information to establish that each requirement in Section 9.180.110 has been met.
   7. 7.
      If an additional density bonus or incentive is requested for a childcare facility pursuant to Section 9.180.070 (Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility) and/or Subsection 9.180.130.B (Number of Incentives Granted), the application shall show the location and square footage of the childcare facility in addition to including sufficient information to establish that each requirement in Section 9.180.070 and/or Subsection 9.180.130.B has been met.
3. C.
   An application for an affordable housing benefit under this chapter shall not be processed until all of the provisions of this section are complied with as determined by the Community Development Director and shall be processed concurrently with the application for the qualified housing development project for which the affordable housing benefit is sought. Prior to the submittal of an application for a qualified housing development, an applicant may submit to the Community Development Director a preliminary proposal for affordable housing benefits. The Community Development Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Community Development Director’s preliminary response and schedule a meeting with the applicant to discuss the proposal and the Community Development Director’s preliminary response.
4. D.
   The Community Development Director shall provide the applicant with written notice as to whether the application is deemed complete in accordance with Section 9.30.060 (Determination of Completeness). If the application is deemed complete, the Community Development Director shall provide the applicant with a determination on the following:

   1. 1.
      The amount of density bonus for which the applicant is eligible.
   2. 2.
      If the applicant requests a parking ratio pursuant to Section 9.180.120, the parking ratio for which the applicant is eligible. 
   3. 3.
      If the applicant requests incentives or concessions pursuant to Section 9.180.120, or waivers or reductions of development standards pursuant to Section 9.180.150​​​​​​​, whether the applicant has provided sufficient information for the City to make a determination as to those incentives, concessions, or waivers or reductions of development standards.
   4. 4.
      Any determination shall be based on the development project at the time the application is deemed complete. The City will adjust the amount of density bonus and parking ratios allowed based on any changes to the project during the course of development.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

The decision-making body for the underlying qualified housing development application is authorized to approve or deny an application for an affordable housing benefit in accordance with this chapter.

1. Affordable Housing Benefit Determinations. An application for an affordable housing benefit shall be granted if the requirements of this chapter are satisfied unless:
   1. The application is for an incentive for which a finding is made in accordance with Section 9.180.140 (Criteria for Denial of Application for Incentives); or
   2. The underlying application for the qualified housing development is not approved independent of and without consideration of the application for the affordable housing benefit.
2. Affordable Housing Benefit Compliance Provisions. To ensure compliance with this chapter and state law, approval of an application for an affordable housing benefit may be subject to, without limitation:
   1. The imposition of conditions of approval to the qualified housing development, including imposition of fees necessary to monitor and enforce the provisions of this chapter;
   2. An affordable housing agreement and, if applicable, an equity sharing agreement pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement); and
   3. A recorded deed restriction implementing conditions of approval and/or contractual or legally mandated provisions.
3. A decision regarding an affordable housing benefit application is subject to the appeal provisions of Section 9.30.100 (Appeals).

Effective on: 1/1/1901

1. General Requirements. No density bonus pursuant to Section 9.180.030 (Eligibility for Density Bonuses and Incentives) shall be granted unless and until the affordable housing developer, or its designee approved in writing by the Community Development Director, enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the City or its designee pursuant to and in compliance with this section (Government Code Section 65915(c)). The agreements shall be in the form provided by the City, which shall contain terms and conditions mandated by, or necessary to implement, state law and this chapter. The Community Development Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the City. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site. The Community Development Director is hereby authorized to enter into the agreements authorized by this section on behalf of the City upon approval of the agreements by the City Attorney for legal form and sufficiency.
2. Low- or Very Low-Income Minimum Affordable Housing Component or Senior Citizen Housing Development.
   1. The affordable housing developer of a qualified housing development based upon the inclusion of low-income and/or very low-income affordable units shall enter into an agreement with the City to maintain the continued affordability of the affordable units for 55 years (for rental units) or 30 years (for for-sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program, as follows (Government Code Section 65915(c)(1)). The agreement shall establish specific compliance standards and specific remedies available to the City if such compliance standards are not met. The agreement shall, among other things, specify the number of lower-income affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions.
   2. Rental Units. Rents for the low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 9.180.030 shall be set and maintained at an affordable rent (Government Code Section 65915(c)(1)). The agreement shall set rents for the lower-income density bonus units at an affordable rent as defined in California Health and Safety Code Section 50053, except for developments meeting the criteria of Government Code Section 65915(b)(1)(G), for which rents for all units in the development, including both base density and density bonus units, shall be as follows:
      1. The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.
      2. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
   3. The agreement shall require that owner-occupied units be made available at an affordable housing cost as defined in Health and Safety Code Section 50052.5. 
   4. For-Sale Units. Owner-occupied low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 9.180.030 shall be available at an affordable housing cost (Government Code Section 65915(c)(2)). The affordable housing developer of a qualified housing development based upon a very low- or low-income minimum affordable component shall enter into an equity sharing agreement with the City or the master or non-affordable housing developer. The agreement shall be between the City and the buyer or between developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:
      1. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.
      2. For purposes of this section, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the very low-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value.
      3. For purposes of this subdivision, the City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.
   5. Senior Units. At least 35 senior citizen housing development units shall be maintained and available for rent or sale to senior citizens as defined in Civil Code Section 51.3.
3. Moderate Income Minimum Affordable Housing Component.
   1. The affordable housing developer of a qualified housing development based upon the inclusion of moderate-income affordable units in a common interest development shall enter into an agreement with the City ensuring that:
      1. The initial occupants of the moderate-income affordable units that are directly related to the receipt of the density bonus are persons and families of a moderate-income household.
      2. The units are offered at an affordable housing cost (Government Code Section 65915(c)(2)).
      3. The affordable housing developer of a qualified housing development based upon a moderate-income minimum affordable component shall enter into an equity sharing agreement with the City or the master or non-affordable housing developer (Government Code Section 65915(c)(2)). The agreement shall be between the City and the buyer or between the developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:
      4. Upon resale, the seller of the unit shall retain the value of improvements, the down payment and the seller’s proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership (Government Code Section 65915(c)(2)(A)).
      5. The City’s initial subsidy shall be equal to the fair market value of the unit at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value (Government Code Section 65915(c)(2)(B)).
      6. The City’s proportionate share of appreciation shall be equal to the ratio of the City’s initial subsidy to the fair market value of the unit at the time of initial sale (Government Code Section 65915(c)(2)(C)).
4. Minimum Affordable Housing Component and Childcare Facility. If an additional density bonus or incentive is granted because a childcare facility is included in the qualified housing development, the affordable housing agreement shall also include the affordable housing developer’s obligations pursuant to Subsection 9.180.070.A(3) for maintaining a childcare facility, if not otherwise addressed through conditions of approval.

Effective on: 1/1/1901

1. Requirements for Density Bonus or Incentive for Condominium Conversion Projects.
   1. An applicant requesting the conversion of Apartments to a condominium project agrees to provide at least:
      1. 33% of the total units of the proposed condominium project to persons and families of moderate-income households; or
      2. 15% of the total units of the proposed condominium project to persons and families of low-income households.
   2. If the applicant agrees to pay for the reasonably necessary administrative costs incurred by the City pursuant to this section, the City shall either:
      1. Grant a density bonus; or
      2. Provide other incentives of equivalent financial value (Government Code Section 65915.5(a)).
2. Definition of Density Bonus for Condominium Conversion Projects. If the requirements of Subsection 9.180.200.A are met, the condominium conversion project will be entitled to an increase in units of 25% over the number of Apartments, to be provided within the existing structure or structures proposed for conversion from Apartments to condominiums (Government Code Section 65915.5(b)).
3. Pre-submittal Preliminary Proposals for Density Bonus or Incentive for Condominium Conversion Projects. Prior to the submittal of a formal request for subdivision map approval or other application for necessary discretionary approvals, an applicant to convert Apartments to a condominium project may submit to the Community Development Director a preliminary proposal for density bonus or other incentives of equivalent financial value. The Community Development Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Community Development Director’s preliminary response and schedule a meeting with the applicant to discuss the proposal and the Community Development Director’s preliminary response (Government Code Section 65915.5(d)).
4. Application for Density Bonus or Incentives for Condominium Conversion Projects. An applicant shall submit a completed application provided by the City for a density bonus or for other incentives of equivalent financial value. The application shall be submitted concurrently with the application for the condominium conversion project. The application shall include the following:
   1. All information and documentation necessary to establish that the requirements of Subsection 9.180.200.A are met.
   2. The proposal for a density bonus or the proposal for other incentives of equivalent financial value.
   3. Site plans demonstrating the location of the units to be converted, the affordable units, the market-rate units and the density bonus units in the condominium conversion project.
   4. Any other information and documentation requested by the City to determine if the requirements of Subsection 9.180.200.A are met.

   Both the application for a density bonus or other incentives of equivalent financial value and the application for the condominium conversion shall be complete before the application for a density bonus or other incentives of equivalent financial value will be considered.

5. Granting Density Bonus or Incentive for Condominium Conversion Projects.
   1. Approval.
      1. If the requirements of Subsection 9.180.200.A are met, the decision-making body for the condominium conversion project application is authorized to grant an application for a density bonus or other incentives of equivalent financial value, subject to Subsection 9.180.200.E(2).
      2. Reasonable conditions may be placed on the granting of a density bonus or other incentives of equivalent financial value that are found appropriate, including but not limited to entering into an affordable housing agreement pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement), which ensures continued affordability of units to subsequent purchasers who are persons and families of moderate-income households or low-income households (Government Code Section 65915.5(a)).
   2. Ineligibility. An applicant shall be ineligible for a density bonus or other incentives of equivalent financial value if the Apartments proposed for conversion constitute a qualified housing development for which a density bonus as defined in Section 9.180.030 (Eligibility for Density Bonuses and Incentives) or other incentives were provided (Government Code Section 65915.5(f)).
   3. Decision on Condominium Conversion Project. Nothing in this section shall be construed to require the City to approve a proposal to convert Apartments to condominiums (Government Code Section 65915.5(e)).

Effective on: 1/1/1901

1. Occupancy. Prior to occupancy of an affordable unit, the household's eligibility for occupancy of the affordable unit shall be demonstrated to the City. This provision applies throughout the restricted time periods pursuant to Section 9.180.190 (Affordable Housing Agreement and Equity Sharing Agreement) and applies to any change in ownership or tenancy, including subletting, of the affordable unit.
2. Ongoing Compliance. Upon request, the affordable housing developer shall show that the affordable units are continually in compliance with this chapter and the terms of the affordable housing agreement. Upon 30-day notice, the City may perform an audit to determine compliance with this chapter and the terms of any agreement or restriction.
3. Enforcement. The City shall have the authority to enforce the provisions of this chapter, the terms of affordable housing agreements and equity sharing agreements, deed restrictions, covenants, resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this chapter, the City may, at its discretion, take any other enforcement action permitted by law, including those authorized by City ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution and injunctive relief. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from seeking any other remedy or relief to which it otherwise would be entitled under law or equity.

Effective on: 1/1/1901

The purpose of this chapter is to regulate the development, installation, and maintenance of private walls and fences and screening within the community. Specifically, this chapter does the following:

1. Promotes the public health, safety, and general welfare of the City by regulating the fences and walls and screening protecting or separating real property.
2. Regulates the installation, operation, and maintenance of all walls and fences.

Effective on: 1/1/1901

The standards contained in this chapter shall apply to the following:

1. New uses and buildings. For all buildings erected and all uses of land established after the effective date of this Title, fences, walls and screening shall be provided as required by this chapter.
2. Modification to existing structures and uses. Whenever an existing building is modified, or a use is expanded such that it creates an increase of more than 10% in the number of existing dwelling units for residential projects or more than 10% in the existing square footage of commercial or industrial projects, fences, walls and screening shall be provided as required by this chapter.
3. New fencing and walls.  All walls and fences erected after the effective date of this title, shall be consistent with this chapter.
4. Maintenance Requirements.  Maintenance requirements shall apply to all walls and fences erected in the City.
5. Review Required. The review of fences and walls shall be an integral part of any plot plan, permit, or development plan review application. Compliance with all wall and fence standards shall be required, except as may be modified by Article 5 (Special Use Regulations) or Chapter 9.270 (Waste Storage Facilities), or pursuant to a requested exception(s) to wall and fence standards through the administrative relief procedure provided in Chapter 9.70 (Minor Exception).
6. Swimming Pools, Spas, and Similar Features. Swimming pools, spas, and similar features shall be enclosed by walls or fences no less than 5 feet in height per the California Building Code.

Effective on: 1/1/1901

The following walls and fences shall be exempt from development review (a building permit may be required).

1. Retaining walls. Retaining walls less than 3 feet in height.
2. Residential fences. Fences located on residential property (privacy fences) constructed in compliance with the standards of this section.
3. Required fences. Fences and walls required by a state or federal agency, or by the City for public safety.

Effective on: 1/1/1901

1. A.
   Architectural Compatibility. Walls, fences, and architectural screening elements shall be compatible with the architectural treatment of the primary building on the parcel and shall meet all standards applicable to the Zone unless otherwise modified by this chapter.
2. B.
   Visibility. No wall, fence, or landscaping element shall interfere with intersection visibility or line of sight or other safety issue.
3. C.
   Blank Walls Prohibited. Blank walls are prohibited. Where screening or security walls (excluding wrought iron fences) are located within 10 feet of a public ROW, landscaping shall be provided between the wall and the ROW to a minimum height of 42 inches to minimize opportunities for crime and unsafe conditions.
4. D.
   Permitted Materials. Approved materials include wood, plexi-glass, vinyl, stone, masonry, brick, block, stucco, wrought iron, and concrete. Where opaque walls are required, they shall be constructed of brick, split-face block, stone, or frame-stucco.
5. E.
   Prohibited Materials.

   1. 1.
      Barbed, razor, concertina, corrugated metal and plastic, tarps, and electrified wire of any kind or configuration is prohibited in all Zones, except as modified by section 9.185.040.E.2 below.
   2. 2.
      Woven wire, barbed wire, or electrified fencing may be permitted in the front and side yards of all Agricultural (AG) zones only if needed to secure livestock and/or horses; maximum height not to exceed six feet.
   3. 3.
      Chain-link fencing and similar materials are prohibited along any public ROW regardless of setback, except for temporary construction fencing (9.185.040.C). Where chain-link fencing is used, it shall not be visible from the public ROW. This standard shall apply to all zones except Agricultural (AG) zones.
6. F.
   Maintenance. Fences and walls shall be constructed of new material and shall be maintained in a state of good repair. Any dilapidated, dangerous, or unsightly fences or walls shall be repaired or removed.
7. G.
   Maximum Height. The height of all walls, fences, and architectural screening elements shall be measured from the finished grade of the property to the highest point of the element.

   1. 1.
      Table 9.185.040-1 establishes the maximum wall/fence heights by Zone.
   2. 2.
      Where additional height is needed based on security or specific site operating requirements, additional wall/fence height may be approved by the Community Development Director, subject to evaluation of adjacencies and necessity.
   3. 3.
      Hedges or other screening vegetation, excluding trees, shall not exceed the maximum height of walls permitted in the zone.

Figure 9.185.040-1 Fence Height by Location (applicable to all Residential Zones)

(2022-351, 09/21/2022) 

Effective on: 10/21/2022

1. Residential parcels adjacent to major thoroughfares may be permitted a sound wall to increase the height of the wall by 6 feet for a maximum height of 12 feet based on submission and approval of a noise study to the Community Development Director and City Engineer (9.85.060).
2. Sports facilities such as ball fields and tennis courts may have court fencing at a maximum of 12 feet, provided the fencing is set back at least 5 feet from the property line.
3. Temporary chain-link fencing and similar materials are allowed along any public ROW during approved construction activities.

Effective on: 1/1/1901

This section establishes screening standards and special provisions for walls and fencing.

1. Screening between different land uses. The City encourages the integration and connection of compatible uses. To that end, continuous barriers in the form of solid fences and walls, including sound walls, should only be used between land uses when residential uses are located next to commercial or industrial uses or when necessary, as determined by the designated approving authority. When used, the screening shall meet the following standards:
   1. The screen shall consist of a solid decorative wall of masonry or similar durable material or, in lieu of decorative masonry, the wall shall be covered with plant materials (e.g., ivy) or be blocked from view by landscape materials. The wall shall be a minimum of 6 feet in height, shall be architecturally treated on both sides and shall comply with the height limitations listed in Section 9.185.040 (General Development Standards).
   2. A landscaping strip with a minimum width of 5 feet shall be installed on both sides of a screening wall, except that a minimum of 6 feet of landscaping (with trees) shall be provided between a parking lot and a screening wall.
   3. The designated approving authority may waive, or approve a substitute for, the requirements above if it is determined that:
      1. The relationship of the proposed uses makes screening unnecessary or undesirable;
      2. The intent of this section is successfully met by alternative screening methods; and/or
      3. Physical characteristics and/or constraints on the site make required screening infeasible or unnecessary.
2. Screening of mechanical equipment. Mechanical equipment shall be screened as follows:
   1. Exterior equipment. All exterior mechanical equipment shall be screened from view on all sides.
   2. Top-mounted screening. Screening on top of the equipment may be required by the designated approving authority if necessary to protect views from a neighboring residential zone.
   3. Screening of roof-mounted equipment. Roof-mounted mechanical equipment shall be screened in compliance with the following standards:
      1. Screening materials may be solid concrete, wood or other opaque material and shall effectively screen the mechanical equipment so that it is not visible from a  public street, right-of-way and/or sidewalk.
      2. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials and architectural styles.
      3. Mechanical equipment shall be screened from the perspective of the adjacent public streets, right-of-way and/or sidewalk.
   4. Screening of ground-mounted antennas. Ground-mounted antennas shall be screened with a fence, wall or dense landscaping so that the antennas are not visible from the public right-of-way and to minimize the visual impact on abutting properties.
   5. Building-mounted antennas shall be screened as follows:
      1. Wall-mounted equipment shall be flush-mounted and painted or finished to match the building, with concealed cables.
      2. Roof-mounted equipment shall be screened from view of public rights-of-way by locating the antenna below the roofline, parapet wall or other roof screen and by locating the antenna as far away as physically feasible and aesthetically desirable from the edge of the building.
      3. Antennas shall have subdued colors and nonreflective materials which blend with the materials and colors of the surrounding area or building.
   6. Screening of commercial loading docks and refuse areas. Loading docks and refuse storage areas shall be screened from public view and adjoining public streets and rights-of-way and residentially zoned areas. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials and architectural style. Exceptions may be permitted through development review for sites with unique characteristics (e.g., shallow lot depth, adjacency to single-family unit). All dumpsters shall be closed when not in use.
   7. Screening of trash enclosures/recycle containers. Trash receptacles (including recycling and green waste containers) shall not be stored within a required front or street side yard and shall be screened from view of the public right-of-way by a solid fence not less than 4 feet in height. Exceptions to fence height standards may be granted by the designated approving authority to ensure proper placement and screening of trash receptacles.
   8. Outdoor equipment, storage and work areas. Outdoor storage areas for materials other than plants shall be enclosed and screened from view from the public right-of-way and abutting property by a solid fence or wall a minimum of 6 feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least 6 feet in height and shall be of view-obstructing construction.
3. Retaining walls. An embankment to be retained which is over 48 inches in height shall be benched so that at the low side no individual retaining wall exceeds a height of 36 inches above the finished grade and each bench has a minimum depth of 36 inches.
4. Temporary fencing. Temporary fencing may be required by the designated approving authority where necessary to protect trees or other sensitive features and the general public from construction activities during site preparation and construction. Temporary fencing shall be removed after 90 days once construction is complete.
5. Temporary security fencing. Temporary security fencing (including chain link) with a maximum height of 6 feet may be installed around the property lines of vacant property with approval from the designated approving authority. Properties shall be maintained in a condition free from weeds and litter.
6. Open space and trails. Fences adjacent to open space and trail areas shall be constructed and maintained as open view fencing, unless otherwise approved by the approval authority, and shall not be chain link.
7. Sound walls. Whenever sound walls are required to mitigate sound impacts adjacent to streets, the following standards shall apply. These standards shall not preclude the use of other innovative methods of project design utilizing greater setbacks, building design, mounding or single-story structures with solid walls facing the street.
   1. Setbacks. Walls shall be set back a sufficient distance from the ultimate public street right-of-way in accordance with noise attenuation and landscaping requirements. The area between the right-of-way and the wall shall include landscaping at  minimum,  including canopy street trees, designed to City standards.
   2. Height. Maximum height of a wall shall not exceed 6 feet above the finished grade at the base of the wall on the roadway side, unless additional height is needed as documented by a noise study and approved by the Community Development Director and City Engineer, in which case a specific maximum height of 12 feet shall be established and adhered to.
   3. Earth mounds. When sound and visual attenuation requires a wall exceeding 6 feet above the grade of the adjacent roadway, earth mounds shall be used, such that no more than 6 feet of the wall is visible from the roadway. The mounds shall not exceed a three-to-one (3:1) ratio slope. The mounds may support the wall or be placed against the wall on the street side. Drainage shall be contained, so there is no sheet flow of water onto the sidewalk where the slope exceeds a six-to-one (6:1) ratio.
   4. Wall Type. Walls shall be solid decorative wall of masonry or similar durable material or, in lieu of decorative masonry, the wall shall be covered with plant materials (e.g., ivy) or be blocked from view by landscape materials. Construction shall be graffiti-resistant solid brick or masonry material that requires minimum maintenance and provides the required sound and visual attenuation.
   5. Landscaping. Landscaping shall be provided so that 50% of the wall will be covered by landscape material within three years.
8. Agricultural fencing. All fences which enclose livestock shall be designed, constructed and maintained so as to control and contain such livestock at all times and so as to prevent such livestock from reaching across any property lines and damaging adjacent property.

Effective on: 1/1/1901

The purpose of this chapter is to establish the standards and criteria under which properties with significant slopes, hillsides and ridgelines may be developed in a manner that is consistent with the goals and policies of the City's adopted General Plan, promotes the health, safety and welfare of the residents and visitors to the community, and allows for residential development that is beneficial to both the property owner and the community, and more specifically:

1. To protect the value of the community and the subject property of ridgelines, prominent landforms, rock outcroppings, open space areas, hydrologic features, wildlife communities, unique and sensitive habitat and vegetation communities, and other natural, biological, archaeological/historical and scenic resources,
2. To preserve the visual and aesthetic quality of hillsides as viewed from the surrounding community,
3. To avoid and minimize disturbance areas of significant steep slopes and prominent hilltops and ridgelines, and to ensure that new development sites and lots have adequate unconstrained land suitable for development.
4. To promote and encourage a variety of high quality, alternative development designs and concepts appropriate for hillside areas.
5. To preserve the public health, safety and welfare and specifically protect the public and property from hazards such as seismic, geologic and fire.

Effective on: 1/1/1901

This chapter applies to all development on properties in Menifee that contain significant areas of steep slopes and prominent hillsides and ridgelines as defined in this Title within the areas illustrated on Figure 9.190.020-1 Menifee Hillside Map. These areas and features are typical of the properties in the Rural Mountainous (RM) and Rural Residential, 5-acre minimum (RR5) zones, but not limited to these areas.

Figure 9.190.020-1 Menifee Hillside Map

(2022-351, 09/21/2022)

Effective on: 10/21/2022

The following are exempt from the provisions of this chapter:

1. Development that maintains a minimum of 50 feet from the top of any steep slope or hillside and is no closer than 200 feet horizontally and 50 feet vertically from prominent ridgelines.
2. Any project that has a valid, unexpired City- or county-approved tentative tract map or grading permit or other entitlement in place that is consistent with the regulations in effect prior to adoption of the City's General Plan update on December 18, 2013. The requirements of this chapter shall be applied to all approvals that require a discretionary extension or that are extended pursuant to a discretionary extension. 
3. Open space projects and regional or community trails on City-owned property.
4. Local public streets or private roads and driveways which are necessary for primary or secondary access to the portion of the site to be developed on steep slope lands of less than 25 percent, provided no less environmentally damaging alternative exists. The determination of whether a proposed road or driveway qualifies for an exemption, in whole or in part, shall be made by the Community Development Director based on an analysis of the project site.
5. Public and private utility systems, provided the Community Development Director finds that the least environmentally damaging alignment has been selected. However, septic systems are not included in this exemption unless the Riverside County Department of Environmental Health has certified that no grading or benching is required.
6. Areas with native vegetation, which are cleared or trimmed to protect existing or proposed structures in potential danger from fire, provided that the area of such clearance is the minimum necessary to comply with applicable fire codes or orders of fire safety officials and that such slopes retain their native root stock or are planted with native vegetation having a low fuel content, and provided further that the natural landform is not reconfigured.

(2022-351, 09/21/2022) 

Effective on: 10/21/2022

Development of properties that include steep slopes, hillsides and ridgelines that is not exempt per Section 9.155.020 shall require plot plan approval pursuant to Chapter 9.80 (Plot Plans).

Effective on: 1/1/1901

In addition to the application requirements of Chapter 9.80 (Plot Plans), unless otherwise waived by the Community Development Director, all of the following shall be submitted with a plot plan application for development on steep slopes, hillsides or ridgelines:

1. Plot Plan. A site plan drawn to scale by a California-licensed land surveyor or registered civil engineer, showing the location of all existing peaks, ridgelines, hills, hillsides and other significant landforms including rock outcroppings, all areas within 200 feet of a peak or ridgeline, the location of all existing watercourses, the location of all existing vegetation including oak trees and the type and quantity thereof, the location of all existing and proposed agricultural areas, the location of all existing and proposed dwellings and the location of all existing and proposed accessory facilities.
2. Grading Plan. A grading plan, including a blasting permit, if necessary, subject to the requirements of Title 8 (Grading Ordinance) of the Menifee Municipal Code.
3. Topographic Map. A topographic map of the site, drawn to scale by a California-licensed land surveyor or civil engineer, showing all the items referenced in Subsection A (Plot Plan) of this section. The scale on the topographic map shall be no smaller than 1 inch equals 100 feet, with contour intervals not exceeding 10 feet.
4. Slope Analysis. A slope analysis of the site showing the following slope categories: 0–24% grade, 25–34% grade, 35–50% grade and over 50% grade prepared by a licensed land surveyor or a registered engineer. If the site contains steep hillsides but does not have 50 feet of vertical elevation, an off-site analysis of the adjacent property(ies) must be made to determine whether the steep hillsides on the subject site are part of a steep hillside system that extends off-site and exceeds the 50-foot elevation.
5. Utility Plan. Underground utility plan.
6. Biological Report. A biological report for the site addressing the topics enumerated in subsection G (Conservation Required) of this section.
7. Conservation Required. For any project for which a hillside development plot plan is required by this section, evidence that it is designed to protect wildlife habitat areas, biological corridors, native plants and plant communities, and where practicable, support interconnected, contiguous and integrated open space systems within an area, particularly when located contiguous to open space preserve areas.
8. Cultural Report. A cultural resources assessment prepared by a qualified archeologist.
9. Photo Survey. Photographs of the portion(s) of the site that would be disturbed taken from each corner of the site and from all vantage points deemed appropriate by the Community Development Director.
10. Erosion and Sedimentation Control Plan. A proposed erosion and sedimentation control plan showing and describing interim and ultimate erosion and sedimentation control measures.
11. Landscape and Restoration Plan. A proposed landscape and habitat restoration plan, including a restoration time schedule, showing and describing how the site would be landscaped and repaired and how the natural conditions of the site would be replicated. A qualified biologist shall prepare the habitat restoration plan.
12. Architectural Plans. A proposed architectural plan showing how primary and accessory structures would be constructed.
13. Lighting Plan. A proposed exterior lighting plan showing how primary and accessory structures, and landscaping would be illuminated.
14. Visibility Analysis. A line of sight visual analysis.
15. Fuel Modification Plan. A fuel modification plan consistent with the General Guidelines for Creating Defensible Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006.

(2022-351, 09/21/2022) 

Effective on: 10/21/2022

Development that proposes encroachment into steep slopes, hillsides or ridgelines, or that does not qualify for an exemption pursuant to Section 9.190.030 (Exemptions) is subject to the following regulations and the Menifee Steep Hillside Guidelines.

1. A.
   Land Disturbance. No disturbance of steep slopes, hillsides and ridgelines shall be permitted except in conformance in all respects with an approved plot plan that details the proposed land disturbance meeting all of the following requirements.

   1. 1.
      Areas situated within 200 feet horizontally and 50 feet vertically of a hilltop or ridgeline shall not be disturbed.
   2. 2.
      The horizontal distance between a natural or graded steep slope and a roof, or portion thereof, shall not be less than 20 feet.
   3. 3.
      The maximum height of a graded slope in areas of natural steep slopes, hilltops or ridgelines shall not exceed 30 feet.

1.   
   4. 4.
      The use of blasting for road construction or pad grading shall be strongly discouraged and alternate construction techniques shall be used if feasible. Site disturbance and grading shall be kept to a minimum.
   5. 5.
      The maximum encroachment that may be permitted into steep slope lands shall be as set forth in Table 9.90.060-1 Maximum Steep Slope Encroachment. This encroachment may be further reduced due to environmental concerns or other design criteria.

1.   
   6. 6.
      Land disturbance shall conform in all respects with the erosion and sedimentation control plan approved by the Community Development Director or City Engineer.
   7. 7.
      All development occurring in steep hillsides shall incorporate the design standards identified in the Menifee Design Guidelines, Hillside Development, as deemed appropriate by the approving authority.

2. B.
   Height.

   1. 1.
      No dwelling, building or structure shall have more than two stories.
   2. 2.
      On a level building pad, the maximum height of a dwelling, building or structure shall be measured from the foundation.
   3. 3.
      On a terraced building pad, the maximum height of a dwelling, building or structure shall be 40 feet measured from the lowest finished floor level, excluding any basement areas.

3. C.
   Cluster Development Subdivision. Cluster development subdivision pursuant to Chapter 9.170 (Cluster Development Subdivisions) is encouraged as a method to avoid and minimize disturbance of steep slopes, hillsides and ridgelines for residential subdivisions.
4. D.
   Subdivisions.

   1. 1.
      Each newly created lot within a subdivision shall include some portion that does not contain steep hillsides that will serve as the location (or future location) of development on the lot. Such unconstrained area shall be sufficient in size to accommodate a reasonable development without requiring additional encroachment into steep hillsides.
   2. 2.
      If additional encroachment is desired for development area on an individual lot, the maximum permissible encroachment area calculation will be based on the original subdivision and not the individual lot. If the individual lot has an encroachment area that is less than the maximum percentage of the lot area, additional encroachment into steep hillsides on the lot will only be permitted if and to the extent that the encroachment area of the original subdivision was less than the maximum allowed area of the original unsubdivided premises.

(2022-351, 09/21/2022) 

Effective on: 10/21/2022

1. The approving authority may approve relief from the requirements of Section 9.290.060 if:
   1. The applicant demonstrates that the proposed alternative complies with and furthers the intent of this section; and
   2. The applicant demonstrates that the proposed alternative provides a design solution that is equivalent to or better than the standards prescribed in this chapter for quality, effectiveness, durability and safety.
2. The relief from development standards shall be heard at a public hearing of the approving authority.

Effective on: 1/1/1901

1. This chapter establishes minimum landscape requirements designed to improve the appearance of the city, its communities and its zoning districts. These requirements include provisions to reduce heat by providing landscaped areas and shading, improve health and livability, protect existing natural ecosystems, promote efficient use of water, minimize soil erosion, preserve and protect trees, and ensure that landscape installations do not create hazards for motorists or pedestrians. The landscape standards are intended to inform developers, consultants and the public regarding requirements and procedures for the installation and maintenance of landscaping in Menifee.
2. In addition to the installation of well- designed, high quality landscaping and irrigation systems, and the maintenance thereof, the City has adopted landscape standards to include landscape documentation, submission requirements, review procedures and inspection protocols that when followed will allow a consistent, efficient and cost-effective mechanism to ensure that both public and private landscaped areas are of the quality expected in the city.
3. In order to promote the quality mandated of sustainable public and private landscapes that enhances community character, the City has adopted standards and criteria for the development of both public and private parks, recreation areas and open space areas. Consistency between landscaped areas, public and private, as well as high quality standards for park development, will ensure that such facilities shall be beneficial to all members of the Menifee community.

Effective on: 1/1/1901

The standards contained in this chapter shall apply to the following:

1. New landscaping and irrigation. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review. In addition, projects are required to comply with the provisions of Title 15.04 (Landscape Water Use Efficiency Requirements).
2. Rehabilitated landscape projects. Rehabilitated landscapes projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check or design review.  In addition, projects are required to comply with the provisions of Title 15.04 (Landscape Water Use Efficiency Requirements).
3. Modification to existing structures and uses. Whenever an existing building is modified, or a use is expanded such that it creates an increase of more than 10% in the number of existing dwelling units for residential projects or more than 10% in the existing square footage of commercial or industrial projects, landscaping shall be provided as required by this chapter to the greatest extent feasible.
4. Existing Landscaping and Irrigation.  Requirements for removal and replacement of required landscaping and maintenance within this chapter shall apply to all landscaping and irrigation within the City.

Effective on: 1/1/1901

When this chapter is applicable to new parks, projects or existing development, as identified in Section 9.95.020 (Applicability), preliminary and final landscape plans shall be submitted in accordance with the requirements of this chapter, including City's Landscape Standards and Park Development Design Standards,  and review of such plans shall be conducted as part of the approval process.

1. Preliminary landscape and irrigation plan. A preliminary landscape and irrigation plan shall be submitted to the designated approving authority as part of the discretionary review process. This plan must show a water budget that includes the estimated water use (in gallons), irrigated area (in square feet), precipitation rate and flow rate in gallons per minute, square feet of impervious materials, and stormwater infrastructure locations, as well as conceptual locations for trees, shrubs, ground cover, etc. A corresponding list of planting material by species (using common and scientific name), quantity and size shall be included.
2. Final landscape and irrigation plan. After a preliminary landscape and irrigation plan has been approved by the designated approving authority, a final landscape and irrigation plan shall be submitted to the Community Development Department. For landscaping in public easements or ROW, the final landscape and irrigation plan shall be submitted to the Public Works and Engineering Department, in conjunction with improvement plans. The final landscape planting and irrigation plans shall be prepared by a registered licensed landscape architect and shall be in substantial compliance with the preliminary landscape and irrigation plan approved by the designated approving authority. Final plans shall show the location of and irrigation for trees, shrubs and ground cover. The final landscape plan shall include, at a minimum, plant name (providing both common and scientific name), plant quantity, plant size, location of permeable surfaces, utilities and lighting, irrigation system and plans for tree retention and removal where applicable. For landscaping in public easements or ROW, when, allowed at the discretion of the Engineering and Public Works Director due to unforeseen circumstances, the installation of the plants, irrigation system and/or other items shown on the final landscaping plan are not installed as illustrated, prior to final inspection an "as- built" plan shall be submitted to document the actual location of installation. The final landscape plan shall also include a water budget that identifies the estimate water use (in gallons), irrigated area (in square feet), precipitation rate and flow rate in gallons per minute.
3. Concept park plans. Preliminary park plans, inclusive of landscaping and irrigation plans, shall be submitted to the designated approving authority as part of the discretionary review process. This plan must show the basic design of the proposed park, whether public or private, parking areas, active and passive activity areas, areas left natural, and drainage and dual use areas, as well as other information as required by the Community Services Department.

(2022-351, 09/21/2022) 

Effective on: 10/21/2022

The requirements listed below apply to special types of landscaping. However, in any wildland-urban interface fire area, the Riverside County Fire Department/Cal Fire requirements shall prevail.

1. A.
   Residential landscape. See Section 9.195.050 (Additional Requirements for Residential Areas).
2. B.
   Substantial landscaping. All required landscaped areas and planters, unless utilized for other purposes such as Water Quality compliance with the governing jurisdiction, shall be landscaped with a mix of trees, shrubs, perennials, ornamental grasses, vines and ground cover to create a dense and layered design. A substantial quantity of plants shall be planted. Drought -tolerant plants shall be used within all landscaped areas to augment the aesthetic and decorative nature of the planted area. Drought- tolerant plants shall augment, but not completely substitute for, other floral arrangements unless specifically approved by the approval authority.
3. C.
   Decorative materials. Decorative materials such as mulch, decomposed granite, bark and drought-tolerant plants, as well as non-living inert material (rock, cobbles, decorative stone, etc.), may be used within any landscape area required by this chapter upon approval by the approval authority.
4. D.
   Project entry landscaping. Entries to projects (both residential and nonresidential) shall be designed as a special statement reflective of the character and scale of the project to establish identity for tenants, visitors and patrons. Irrigated, flowering accent plantings, decorative drought- tolerant annuals (to be replaced as needed for maintenance) and specimen trees shall be used to reinforce the entry statement.
5. E.
   Trees adjacent to building walls. With the exception of single-family housing developments, trees shall be planted in areas of public view adjacent to structures at a rate of one tree per 30 linear feet of building dimensions, particularly to interrupt expansive horizontal and vertical surfaces. Tree clusters may be used to satisfy specific design objectives.
6. F.
   Screening of drive-through aisles. To shield vehicles and associated headlights in a drive-through lane from view of abutting street rights-of-way, a minimum 5-foot -wide planter shall include a minimum 3-foot-tall (maximum 4-foot-tall) landscape barrier planted with trees and other landscaping consistent with those in the parking area. Trimming and pruning of the landscape barrier shall be performed in a manner that maintains the shielding of vehicle headlights in the drive-through lane from adjacent street rights-of-way. The landscape barrier site design shall not preclude or impede safe and secure ingress and egress from the facility while providing screening from the public right-of-way.
7. G.
   Screening of outdoor equipment. Screening is required according to Chapter 9.185 (Fences, Walls and Screening).
8. H.
   Public and Pedestrian spaces. Public and Pedestrian space landscaping shall include a combination of shade trees and pedestrian shading devices (e.g., canopies, awnings, umbrellas) placed so as to cover 50% of the total space with a shade canopy within 15 years of securing the building permit.
9. I.
   Signs. Landscaping shall be provided at the base of the supporting structure of freestanding signs equal to the area of one face of the sign except as otherwise allowed by the Community Development Director. For example, 50 square feet of sign area requires 50 square feet of landscaped area. The Community Development Director may reduce this ratio during formal project review if found necessary and/or appropriate for the overall design of the proposed project. Such landscaping shall be appropriately irrigated and shall include floral arrangements that include drought- tolerant annuals and perennials that are designed to facilitate maintenance as well as to enhance aesthetic quality.
10. J.
    Buffering between uses. A landscape buffer shall only be used between land uses when residential uses are located next to non-residential  uses or when necessary, as determined by the designated approving authority. A landscaping strip with a minimum width of 5 feet shall be installed adjacent to a screening wall, except that a minimum of 10 feet of landscaping (with trees) shall be provided between a parking lot and a screening wall.
11. K.
    Sound walls/masonry walls. Where setback and open space areas are screened from public view by walls or similar approved structures, landscaping shall be provided so that 50% of the wall will be covered by landscape material within three years. See Chapter 9.185 (Fences, Walls, and Screening).
12. L.
    Existing trees. Mature trees on the site in good health shall be preserved whenever possible. Credit for the preservation of existing trees shall be as specified in Section 9.100.030.C (Credit for Tree Preservation).
13. M.
    Parking lot landscape. Parking lot landscape includes perimeter planters, planters abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers and parking islands throughout the parking lot. All landscaped areas, including those with drought-tolerant plants, shall be irrigated. Landscape requirements applicable to all commercial, industrial, mixed-use and multi-family parking lots with five or more spaces are listed below. See Chapter 9.240 (Motor Vehicle and Related Uses) for superseding standards, requirements and exceptions.

    1. 1.
       Maintenance. All landscaped areas, whether populated with drought-tolerant plants, other species or decorative materials such as mulch, decomposed granite, bark or other non-living inert materials (rock, cobble, decorative stone, etc.), shall be maintained in a clean, weed-free and disease-free manner as specified in this chapter and as reviewed, approved and installed (per City inspection) at all times.
    2. 2.
       Trees required. Trees are required to be planted at a rate of one tree for every four parking stalls. At maturity, trees should reach a minimum height and spread of 40 feet so as to form a shade canopy over parking stalls. Smaller ornamental trees may not be used to satisfy this requirement. Tree selections shall be approved by the Community Development Department.
    3. 3.
       Minimum landscape. A minimum of 10% of the total off-street parking area shall be landscaped with trees, shrubs and appropriate ground cover. The parking area shall be computed by adding the areas used for access drive aisles, stalls, maneuvering and landscaping within that portion of the premises devoted to vehicular parking and circulation.
    4. 4.
       Minimum Parking Lot Shading Requirements.  Parking area landscaping shall include shade trees unless otherwise approved by the approval authority, so as to provide for adequate shade canopies within 15 years of age as follows:

       1. a.
          30% for Parking Lots with 5-24 parking stalls
       2. b.
          40% for Parking Lots with 25-49 parking stalls
       3. c.
          50% for Parking Lots with more than 50 parking stalls
    5. 5.
       Perimeter strip. Unenclosed parking facilities shall provide a perimeter landscaped strip at least 5 feet wide (inside dimension) where the facility adjoins a side or rear property line. The perimeter landscaped strip may include a landscaped yard or landscaped area otherwise required and shall be continuous, except for required access to the site or parking facility.
    6. 6.
       Screening. All surface parking areas shall be screened from streets and adjoining properties, and the open space areas between the property line and public street right-of-way shall be landscaped with berms, swales, trees, shrubs and ground cover (or a combination thereof).
    7. 7.
       Location.  Parking lot landscaping shall be located so that pedestrians are not required to cross unpaved areas to reach building entrances from parked cars (see Figure 9.195.040-1, Parking Lot Landscaping ).
    8. 8.
       Planter design. All parking lot planters shall be designed to meet the following minimum requirements (see Figure 9.195.040-1, Parking Lot Landscaping):

       1. a.
          Planters shall be separated from maneuvering and parking areas by a 6-inch raised concrete curb or equivalent.
       2. b.
          Tree planting wells located at the front of parking stalls shall contain a minimum of 25 square feet, and the smallest inside dimension shall not be less than 5 feet.  
       3. c.
          Landscape planters along the sides of parking stalls shall be a minimum 5 feet wide and shall contain a 12-inch-wide concrete monolith pour or curb and "step-out" in addition to the planter width. The length of the planter shall be, at a minimum, the same as the adjacent parking space.
    9. 9.
       Please see the City of Menifee Landscape Standards Design Guidelines for additional applicable standards for parking lot landscaping.

Figure 9.195.040-1 Parking Lot Landscaping

(2022-351, 09/21/2022; 2025-417, 07/16/2025) 

Effective on: 8/16/2025

1. Front yard landscaping. For new development, front yard landscaping shall include, at a minimum, one 15-gallon-size tree, one 5-gallon-size tree, shrubs, ground cover, mulch and a permanent irrigation system to be installed by the developer prior to occupancy. This requirement shall be in addition to required street trees.
2. Front yard landscaping requirements. All homes must maintain a minimum ratio of 50% landscape (or Xeriscape) to 50% hardscape ratio within that area identified as the required front setback area. Up to 25% of the landscape area can be used for decorative hardscape (e.g., bark mulch, decorative rocks, rock outcroppings).
3. Tree requirements. In addition to the size and number of trees required, the following shall also be required:
   1. Tree location. No trees shall be planted under any eave, balcony or overhang.
   2. Root barriers required. Trees in landscape planters with 6 feet or less of hardscape (curb, walks, walls, etc.) shall require tree root barriers.
   3. Tree staking. All trees whose stability requires support shall be staked in accordance with the City's landscape standards.
   4. Visibility. All trees, whether singularly placed or placed in clusters, shall not inhibit standard visibility parameters.
   5. Street trees. Street trees shall be provided per City standards.

Effective on: 1/1/1901

Plant material removed from a project in which the Community Development Department has approved the landscape plan shall be replaced with the following replacement sizes:

1. Shrubs shall be replaced with the same size plant as the plant approved by the landscape plan.
2. Ground cover shall be replaced by plants contained in landscape flats.
3. For tree replacements, the size replacement trees shall be determined by the Community Development Department based on the conditions of the property. Trees removed or severely and improperly trimmed shall be replaced with an appropriately sized tree as determined by the Community Development Department.

Effective on: 1/1/1901

1. A.
   Maintenance. All private landscaped areas shall be irrigated and maintained in a clean, weed- free and disease- free manner at all times. Property owners/tenants shall regularly inspect their property to ensure that all plants are alive and healthy, that irrigation systems, control devices and timers are functioning properly, that dead or dying plants are removed and replaced, and that all areas using mulch, decorative rock or other features are in good condition and are consistent with the plans originally approved, installed and inspected by the City. Maintenance of landscaping areas shall include, but not be limited to, the following:

   1. 1.
      All landscaped areas shall be maintained in a clean, weed- free and disease- free manner at all times. Property owners/tenants shall periodically inspect their property to ensure that all plants are alive and healthy, that irrigation systems, control devices and timers are functioning properly and remain properly installed, that dead or dying plants are replaced and that all areas utilizing mulch, decorative rock or other aesthetic treatments are consistent with the plans originally installed, inspected and approved by the City.
   2. 2.
      Irrigation equipment (controllers, valves, piping, electronics, etc.) shall be in good working condition in accordance with City landscape standards at all times.
   3. 3.
      Litter shall be removed from all landscaped areas in a timely manner.
   4. 4.
      Lawn areas shall be mowed on a regular basis and shall be kept green in accordance with seasonal variations. Accumulation of leaves, bark and other similar plant materials shall be removed in a timely fashion. Planting areas shall be weed-free.
   5. 5.
      Landscaping maintenance, including Xeriscape, shall include pruning, cultivating, weeding, fertilizing, mowing, replacement of dead and diseased plants, and watering on a regular basis.
   6. 6.
      Landscape maintenance, including Xeriscape, shall also include pruning or removal of overgrown vegetation, cultivated or uncultivated, that is likely to harbor rats, vermin or other nuisances, or that causes a visual detriment to neighboring properties or property.
   7. 7.
      Landscape maintenance, including Xeriscape, shall include the removal of trees that pose a safety hazard; trees that are dead, decayed or diseased; weeds and debris constituting an unsightly appearance, present a danger to public safety and welfare or cause a visual detriment to neighboring properties or property values. Compliance shall be achieved by removal, replacement or adhering to the prescribed maintenance requirements.
   8. 8.
      Plants along property line. The property owner on whose property hedges or shrubs are growing shall keep such hedges or shrubs trimmed so that no part of them will project over the sidewalk.
   9. 9.
      Thorn- bearing plants in parkways. No person shall plant ivy, shrub or any flora that have thorns or spiny extensions.
2. B.
   Prohibition on use of landscaped areas. Use of landscaped areas for purposes other than landscaping as approved in the landscape plan or as an approved amenity by the approving authority is prohibited.
3. C.
   Delegation. The City may delegate to, or enter into a contract with, a local agency to implement, administer and/or enforce the requirements of this chapter on behalf of the City.

(2025-417, 07/16/2025) 

Effective on: 8/16/2025

1. Park Development Design Guidelines. When a park project is required by this chapter, that project shall be submitted, reviewed and approved as detailed within the Park Development Design Guidelines adopted by Planning Commission April 15, 2015, as may be amended from time to time.
2. Required information. As detailed in the Park Development Design Guidelines, all park project submissions shall include information addressing the following:
   1. Site project planning
   2. Grading and drainage
   3. Paving, walkways and mow curbs
   4. Trails
   5. Fencing and walls
   6. Parking areas
   7. Trash enclosures
   8. Site furniture
   9. Signs (warning signs, rules of conduct, hours of operation, etc.)
   10. Playgrounds and equipment (tot lots)
   11. Prefabricated picnic shelters
   12. Sports courts
   13. Multipurpose fields (softball and soccer turf areas)
   14. Site and sports field lighting
   15. Irrigation
   16. Planting
   17. Synthetic turf
   18. Requirements and standards for all buildings
   19. Operations and maintenance schedule for all site improvements
   20. Comfort stations
   21. Pet waste stations
   22. Recreation centers
   23. Aquatics facilities
   24. Graffiti protection

Effective on: 1/1/1901

All landscaping shall conform to the requirements and criteria of Title 15.04 (Landscape Water Use Efficiency Requirements) and to the provisions and requirements of Section 3, Landscape Water Conservation, of the Landscape Standards Guidelines adopted by Planning Commission March 2015. Landscape water conservation methods are encouraged where possible and appropriate to conserve limited water resources.

Effective on: 1/1/1901

The purpose of this chapter is to protect trees, considered to be a valuable community resource, from indiscriminate cutting or removal, to ensure and enhance public health, safety and welfare through proper care, maintenance and preservation of trees. Such landscaping, irrigation systems and tree preservation represent a substantial investment in and potential benefit to the community. Heritage trees such as those with certain characteristics (age, size, species, location, historical influence, aesthetic quality or ecological value) are subject to special attention and preservation efforts.

Effective on: 1/1/1901

1. All Zones. The provisions of this chapter shall apply in all zoning districts to the removal, relocation or pruning of trees, as well as to heritage trees as provided in Section 9.100.050.

2. Exceptions. The provisions of this chapter do not govern the following:

   1. The removal or pruning of any tree which poses an imminent threat to public property or public health, safety and welfare, as determined by a qualified member of a law enforcement agency, the Riverside County Fire Department/Cal Fire, the Community Services Department, the Public Works Department or a utility company.

   2. The removal of any tree on City-owned property as directed by a qualified county, state or federal agency or insurance provider.

   3. The removal of a diseased or dead tree on City-owned property as determined by the Public Works Department and/or Community Services Department.

Effective on: 1/1/1901

The following general provisions shall apply to tree removal in an effort to preserve other trees which are in good health and which do not pose a safety threat.

1. Nuisance trees. The following trees may be considered a nuisance by the City and are required to be either pruned or removed:
   1. Any tree that interferes with proper traffic sight distances, or the visibility of any traffic-control device or sign.
   2. A tree which poses a hazard to life and property or harbor harmful insect(s), fungi or disease(s) which may pose a threat to other trees within the city.
   3. A tree which, due to its overall growth, location or root expansion, may negatively impact sewers, power lines, gas lines, water lines, paved walkways, roadways, curbs or other public improvements.
   4. A tree which presents a risk of damage to public facilities, paved walkways and curbs or is in violation of the Americans with Disabilities Act.
2. Credit for tree preservation. Where new tree installation is required by this chapter, the following incentive to preserve existing trees shall be allowed. Existing healthy trees with a 6-inch or larger trunk diameter measured at 4 feet from the surrounding grade shall be replaced at a three-to-one ratio if removed, in addition to any other new tree installation required. Existing healthy trees, with a 6-inch or larger trunk diameter measure at 4 feet from the surrounding grade which are retained on- site shall be credited toward the tree installation requirements of this chapter at a one-to-two ratio (one tree saved equals a two-tree credit toward the installation of new trees required).
3. Conflict between structures and protected trees. In case of a conflict between the proposed structure location and a protected tree, all reasonable alternatives shall be considered for revising the location of the structure prior to removal of a heritage tree, protected tree or trees.
4. Use of explosives. Persons engaged in felling or removing trees, and desirous of using explosives for this purpose within the city limits, shall obtain approval to use explosives from the Building and Safety Department and Fire Department. The approval shall be noted on the tree removal permit prior to issuance of same by the Community Development Department or Planning Commission. Additionally, the applicant shall furnish a bond for the protection of surrounding property from any possible damage which might result from demolition activity.
5. Harming parkway trees. It is unlawful for any person or entity to willfully and intentionally destroy, deface or injure a parkway tree.
6. Physical damage.
   1. No person shall construct or cause to be constructed any private hardscape improvement which prevents the free access of water to the root zone of a parkway tree without prior approval of the Community Services Department and/or Public Works Department.
   2. The construction, installation or placement of any object or barrier which infringes upon the root crown of a parkway tree is prohibited without prior approval of the Community Services Department and/or Public Works Department.
   3. Any mechanical damage to the root crown on any parkway tree which results in girdling of the cambium layer is prohibited.
7. Weakening. Ivy or climbing vines growing adjacent to a parkway tree shall be maintained away from the trunk and canopy of the tree by the property owner.
8. Tree protection. Parkway trees shall be sufficiently shielded to prevent injury during any repair, alteration or removal of a house or structure. Protection shall include, but not be limited to, chain-link fencing, staking, etc.
9. Root protection when trenching. During construction where trenching around parkway trees is necessary, the pathway of the trench shall be dug making every reasonable effort to avoid the tree's drip line. In those cases where an alternative trenching route is not possible, tunneling under woody roots rather than cutting such roots shall be preferable to preserve roots 2 inches or greater in diameter. When roots must be cut, sharp saws shall be used to make clean, non-frayed cuts.
10. Topping prohibited. Topping is prohibited, except as deemed necessary by the City's Tree Care Specialist.
11. Clearance requirement of trees. All parkway trees shall be kept trimmed to a minimum vertical clearance of 14.5 feet over the street.
12. Trees on private property. Trees growing on private property which overhang the street or sidewalk shall be trimmed so that they vertically clear the sidewalk by 8 feet or more. The trees must vertically clear the street by 14.5 feet or more. The owner of the property on whose property the trees are standing is responsible for trimming the trees.
13. Trimming by contiguous property owner. A property owner who wishes to trim a tree or trees in the street right-of-way or parkway abutting his/her property must first obtain a permit from the Public Works Department, and then have such work performed by a licensed, bonded company from a list approved by the Community Services Department and Public Works Department. A property owner who wishes to trim a tree or trees in a public park, public open space or city trail area abutting his/her property must first obtain a permit from the Community Services Department, and then have such work performed by a licensed, bonded company from a list approved by the Community Services Department and Public Works Department.
14. Removal by contiguous property owner. The Parks, Recreation and Trails Commission shall review and decide upon any request of a private property owner to remove a tree within a street right-of-way or parkway, public park, public open space or city trail area.
15. City trimming on private property. The City may not trim trees that overhang from one private property to another.
16. Qualifications of tree care companies. All tree-care companies contracted by the City shall employ at least one ISA (International Society of Arboriculture) Certified Arborist to supervise all work performed on behalf of the City. All tree-care companies contracted by the City shall employ ISA Certified Tree Workers.
17. Cost of parkway tree replacement. In cases where parkway tree removal and replacement is necessary because of conditions and events caused by the property owner, the property owner shall be charged for tree replacement.
18. Street tree planting. All street tree plantings shall be approved by the Community Services Department and/or the Public Works Department as to species, location and method of planting. The tree must be inspected by the City's qualified tree care specialist.
19. Proximity to intersections. No person shall plant or maintain any tree, mature or immature, which impedes sight distance visibility at street intersections.
20. Method of planting. No person other than the property owner or designee shall plant trees in parkways adjacent to their property. The property owner may plant trees in the parkway abutting his/her own property, provided the trees are contained on the City’s list of approved street trees and are approved by the Community Services Department and/or Public Works Department. Tree and shrub planting must be done in accordance with the instructions of the Community Services Department and/or Public Works Department.

Effective on: 1/1/1901

1. Heritage tree removal. Heritage tree removal will require replacement with the largest nursery-grown tree(s) available as determined by the approval authority. Heritage tree relocation to another location on the site is the preferred alternative to replacement subject to a written report by a landscape architect or ISA-certified arborist on the feasibility of transplanting a heritage tree.
2. Determine replacement value. To assist the approval authority in making a determination, the applicant for a tree removal permit may be required to submit an independent appraisal prepared by a horticulturist, ISA-certified arborist or licensed landscape architect to determine the replacement value of the tree(s) to be removed. The appraisal shall be based on the most recent edition of the "Guide for Establishing Values of Trees and Other Plants," prepared by the Council of Tree and Landscape Appraisers.

Effective on: 1/1/1901

Care shall be exercised by all individuals, developers and contractors working near preserved trees so that no damage occurs to such trees. Construction projects shall preserve and protect the health of trees remaining on development sites, relocated trees and new trees planted to replace those removed in accordance with the following measures:

1. A.
   Construction barrier. All trees to be saved shall be enclosed by an appropriate construction barrier, such as a chain-link fence or other means, prior to the issuance of a grading permit or building permit, or before commencement of work, whichever occurs first. Fences are to remain in place during all phases of construction and may not be removed until construction is complete.
2. B.
   Protect roots. No substantial disruption or removal of the structural or absorptive roots of any tree shall be performed.
3. C.
   Protect the drip line. No fill materials shall be placed, nor excavation occur, within the drip line of any tree. This is a guideline and is subject to modification to meet the needs of individual tree species as determined by an ISA-certified arborist or landscape architect.
4. D.
   No compaction. No substantial compaction of the soil within the drip line of any tree shall be undertaken.

Figure 9.200.050-1 Tree Drip Line

5. E.
   Protect root system. No construction, including structures and walls, that disrupts the root system shall be permitted. As a guideline, no cutting of roots should occur within a distance equal to three and one-half times the trunk diameter, as measured at 4 feet from the surrounding grade. Actual setback may vary to meet the needs of individual tree species as determined by an ISA-certified arborist or landscape architect. Where some root removal is necessary, the tree crown may require thinning to prevent wind damage.
6. F.
   Additional measures. The approval authority may impose such additional measures determined necessary to preserve and protect the health of the remaining trees, relocated trees and new trees planted to replace those removed.

Effective on: 1/1/1901

1. Homeowner responsibility. The maintenance of trees on private or homeowner-owned property shall be the responsibility of the owner or owners of those properties.
2. Industry standard maintenance. All trees on public and private property, within all zoning districts, shall be maintained in accordance with industry standards and in accordance with the International Society of Arboriculture or ANSI A 300 tree care standards.
3. Free of damage. Builders shall be required to prune, treat and maintain existing trees and plant new ones in such a fashion that when the trees come under the purview of the City, an association, or a private property owner, the trees will be free of damage, pests, diseases and dead branches. The trees shall be in good biological and aesthetic condition upon acceptance.
4. Trees overhanging a street. Pruning of branches is required so that branches shall not significantly obstruct a streetlight or the view of a street intersection. There shall be a clear space of 14.5 feet above the surface of the street and 8 feet above the sidewalk. The owner shall remove all dead, diseased or dangerous trees or portions of trees with broken or decayed limbs which may pose a threat to public safety.

Effective on: 1/1/1901

1. It is unlawful for any person to cause or permit any tree to be planted, maintained or removed in violation of the provisions of this chapter.
2. Persons or entities who violate sections of this chapter may be found guilty of an infraction, or otherwise as a misdemeanor as determined by legal action.
3. If the Community Services Director and/or Public Works Director find a violation of a section of this title, he/she shall, in writing, notify the responsible party of the violation. The responsible party shall be informed as to how the violation is to be corrected. The Community Services Department and/or Public Works Department may cause the violation to be abated if after 15 business days, the cause for the violation has not been corrected as directed. The responsible party will be subject to enforcement action, including but not limited to, issuance of an Administrative Citation in accordance with the provisions of Chapter 1.03 (Administrative Citations) of this Code..

Effective on: 1/1/1901

1. Final disposition. Any property owner may appeal a decision of the Public Works Department or Community Services Department to the Parks, Recreation and Trails Commission for final disposition pertaining to any finding, violation or other matter related to this chapter.
   1. The appeal must be made in writing and filed with the City Clerk within 15 days following notice of decision of the Community Services Department and/or Public Works Department. The appeal shall state the grounds for the appeal. The City Clerk shall, upon receipt of the appeal, set the matter for hearing before the Parks, Recreation and Trails Commission not less than 15 days but no more than 60 days following the filing of the appeal. The City Clerk shall give not less than 10 days written notice to the appellant and the owner of the affected property of the time and place of the public hearing by United States mail or by personal delivery as such owner is shown on the latest assessment roll of Riverside County.
   2. The failure of any person to receive said notice shall not affect the validity of any proceedings under this chapter. Appeals of violations can be appealed pursuant to Section 1.03.070 of this Code. Recoverable and applicable administrative citations fines and costs may be collected pursuant to Section 1.03.130 of this Code.
2. Objections; notice; hearing.
   1. Should the request of a property owner to remove a tree within the public right-of-way or parkway or within a public park, public open space or trail area be denied, and such property owner wishes to appeal this decision, the appellant shall deposit, with the written appeal, a sum of money sufficient to cover the cost of the City Clerk having to publish twice in the local newspaper a notice of the intention to "kill, cut down or remove" a City-owned tree.
   2. The notice shall state the name of the applicant, the location of the tree and a statement to the effect that any person objecting to such removal must, in writing, notify the Community Services Department and/or Public Works Department of their objection and the reasons therefor. When the appeal fees and information is received by the City Clerk, he/she shall cause notice to be published twice in a local weekly newspaper of general circulation in the city.
   3. Consideration. At the time and place of the hearing, the Parks, Recreation and Trails Commission shall hear and consider all relevant evidence and information including, but not limited to, the report of the Community Services Department and/or Public Works Department and testimony, written or oral, relative to the tree within the public right-of-way or parkway or within a public park, public open space or trail area requested for removal.
   4. Continuation. The appeal hearing may be continued from time to time. Upon the conclusion of the public hearing, the Parks, Recreation and Trails Commission shall, on the basis of the evidence presented at the hearing, determine whether the tree within the public right-of-way or parkway or within a public park, public open space or trail area should be removed. If the Parks, Recreation and Trails Commission finds that the tree within the public right-of-way or parkway or within a public park, public open space or trail area should be removed, it shall, by resolution, require removal by the City in a reasonable time to be set forth in the resolution. The determination of the Parks, Recreation and Trails Commission may be appealed to the City Council on forms available within the City Clerk's office.

Effective on: 1/1/1901

This chapter establishes lighting standards to encourage effective, nondetrimental lighting; maintain nighttime safety, utility, security and productivity; and encourage lighting practices and systems which will minimize light pollution, prevent glare and light trespass, conserve energy and resources, and curtail the degradation of the nighttime visual environment, and preserve the visibility of night skies in accordance with the Lighting Standards requirements set forth in Chapter 6.01 (Dark Sky, Light Pollution) of this Code. If there is any conflict between this Chapter and Chapter 6.01, the more restrictive shall apply.

Effective on: 1/1/1901

The standards contained in this chapter shall apply to the following:

1. Lighting plan. All residential, commercial, industrial, mixed-use and public/quasi-public uses require approval of a lighting plan by the designated approving authority.
2. New uses and buildings. All buildings erected and all uses of land established after the effective date of this Title, including single-family residential shall comply with the requirements of this chapter.
3. Modification to existing structures and uses. Lighting shall be provided as required by this chapter whenever an existing building is modified, or a use is expanded such that it creates an increase of more than 10% in the number of existing dwelling units for residential projects or more than 10% in the existing square footage of commercial or industrial projects, or where an amendment or modification would have a measurable impact on abutting property or public views.

Effective on: 1/1/1901

Lighting is an integral component of nearly every development plan. Unless otherwise exempt, as outlined in Section 9.150.030 (Exempt Lighting), all outdoor lighting fixtures for new multifamily residential, commercial, industrial, mixed-use and public/quasi-public uses require approval of a lighting plan by the designated approving authority. Such approval shall be granted in conjunction with the required land use and development permits for a project. Any retrofit or amendment to an existing site and/or building lighting that would have a measurable impact on abutting property or views from the street right-of-way as determined by the Community Development Director shall require plot plan approval pursuant to Chapter 9.80

Effective on: 1/1/1901

The following items shall be exempt from review requirements:

1. All outdoor light fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas fixtures.
2. Temporary lights used for holiday decorations.
3. Lighting for temporary uses and special events permitted consistent with this code.

Effective on: 1/1/1901

The following types of lighting are prohibited:

1. Lighting that is not aimed directly down, or unshielded lighting or any light source that is directly visible from a distance of 25 feet or more.
2. Flood lights.
3. Neon tubing or band lighting along buildings and/or structures as articulation, except as approved through plot plan approval.
4. Search lights, laser source lights or any similar high-intensity light, except for emergency use by police or fire personnel at their discretion, or for lighting approved by the City for a temporary event.
5. Lighting fixtures operated in such a manner as to constitute a hazard or danger to persons or to safe vehicular travel.
6. Illumination of entire buildings, except for public, civic and religious buildings.
7. Roof-mounted lighting except for security purposes.
8. Moving, flashing or animated lighting.

Effective on: 1/1/1901

Exterior lighting shall be minimized to prevent glare and minimize reflected, ambient light so as to maintain visibility of the night skies. Lighting should be limited to only areas necessary for safety, security and to compliment architectural character. Low-power, even and balanced lighting shall be utilized to avoid high contrast between more and less brightly lighted or unlighted areas which create dark pockets or oversaturate one area with a “fish bowl” effect, and the escalation of lighting levels.

The following standards shall apply to all outdoor lighting:

1. Shielding. Except as otherwise exempt, all outdoor lighting shall be constructed with full shielding and/or recessed to reduce light trespass to adjoining properties. Each fixture shall be directed straight down and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the site.
2. Level of illumination. Outdoor lighting shall be designed to illuminate at the minimum level necessary for safety and security and to avoid harsh contrasts in lighting levels between the project site and adjacent properties. Illumination standards are as follows:
   1. The ratio of the maximum to minimum lighting levels shall not exceed 5:1.
   2. Parking lots, driveways, trash enclosures/areas, public phones and group mailboxes shall be illuminated with an average not to exceed 2 foot-candles of light.
   3. Convenience stores shall provide a maximum average level of illumination of 4 foot-candles across the parking lot during business hours.
   4. Pedestrian walkways shall be illuminated with a maximum average not to exceed 1 foot-candles of light.
   5. Entryways and exterior doors of nonresidential structures shall be the illuminated during the hours of darkness, with a minimum maintained 0.5 foot-candle of light, measured within a 5-foot radius on each side of the door at ground level.
   6. Light Zone 1 – Dark (Park & Rural Settings): Open Space, Agricultural and Rural Residential Zones. Exterior lighting shall produce a maximum initial illuminance of no greater than 0.01 horizontal and vertical footcandles at the site boundary and beyond. Document that 0% of the total initial design fixture lumens are emitted at an angle of 90 degrees or higher from nadir (straight down).
   7. Light Zone 2 – Low (Residential Areas): Residential Zones (LDR, LMDR, MHDR). Exterior lighting shall produce a maximum initial illuminance of no greater than the moon’s potential ambient illumination of 0.10 horizontal and vertical footcandles at the site boundary and beyond, and no greater than 0.01 footcandles 10 feet beyond the site boundary. Document that no more than 2% of the total initial design fixture lumens are emitted at an angle of 90 degrees or higher from nadir (straight down).
   8. Light Zone 3 – Medium (Commercial, Industrial & High Density Residential Areas): HDR, CR, CO, BP, EDC, HI zones. Exterior lighting shall produce a maximum initial illuminance of no greater than 0.20 horizontal and vertical footcandles at the site boundary and beyond, and no greater than 0.01 footcandles 15 feet beyond the site boundary. Document that no more than 5% of the total initial design fixture lumens are emitted at an angle of 90 degrees or higher from nadir (straight down).
   9. Athletic facilities may exceed the specified levels of illumination as needed. Measures shall be taken to minimize glare off-site.
3. Maximum height of freestanding outdoor light fixtures. The maximum height of freestanding outdoor light fixtures and related structures is limited as follows:
   1. Eighteen (18) feet when abutting or within 25 feet of residential zoning district.
   2. No height limit for lights on public property when used to illuminate athletic fields.
   3. Twenty-four (24) feet for all other lights.
   4. Height shall be measured from the finish grade, inclusive of the pedestal, to the top of the fixture.
4. Accent lighting. Architectural features may be illuminated by uplighting, provided that the lamps are low intensity to produce a subtle lighting effect and no glare or light trespass is produced. Wherever feasible, solar-powered fixtures shall be used.
5. Signs. Lighting of signs shall be in compliance with Chapter 9.165 (Sign Regulations) of this code.
6. Sports fields/outdoor activity areas. Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be mounted, aimed and shielded so that the light falls within the primary playing area and no significant off-site light trespass is produced. Lights shall be turned off within one hour after the end of the event, and no later than 11:00 p.m.
7. Alternative designs, materials and installations. The respective designated approving authority may grant approval of alternatives to this section as part of a development review process.
8. Maintenance. Fixtures and lighting shall be maintained in good working order and in a manner that serves the original design intent.
9. Hours of operation. Non-essential site lighting shall be controlled by timers to turn off after 11:00 pm or immediately after closing of non-residential uses.

Effective on: 1/1/1901

1. At a minimum, an outdoor lighting plan shall include the following:
   1. Manufacturer specifications sheets, cut sheets and other manufacturer-provided information for all proposed outdoor light fixtures to show fixture diagrams and outdoor light output levels.
   2. The proposed location, mounting height and aiming point of all outdoor lighting fixtures.
   3. If building elevations are proposed for illumination, drawings of all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the illumination level of the elevations and the aiming point for any remote light fixture.
   4. Photometric data including a computer-generated photometric grid showing foot-candle readings every 10 feet within the property or site and 15 feet beyond the property lines.
   5. Demonstration of conformance with Chapter 6.01 (Dark Sky, Light Pollution) of the Municipal Code.

Effective on: 1/1/1901

This chapter establishes general uniform performance standards across all zones in order to ensure compatibility of operations with surrounding areas and land uses generally while continuing to implement the adopted General Plan.

Effective on: 1/1/1901

The standards in this chapter shall apply to the construction, change or expansion of a use or structure in all zones as applicable pursuant to each section noted below.

Effective on: 1/1/1901

1. Discharge Prohibited. The operation of any structure or use shall not directly or indirectly discharge air contaminants (e.g., carbon, dust, fumes, gases, mist, noxious acids, odors, particulate matter, smoke, soot, sulfur compounds) into the atmosphere that exceed any local, state or federal air quality standards or that might be obnoxious or offensive to anyone residing or conducting business either on-site or abutting the site.
2. Compliance with Rules and Regulations. Stationary sources of air pollution shall comply with the requirements of the most recent Air Quality Management Plan and any rules identified by the California Environmental Protection Agency (CalEPA), the California Air Resources Board (ARB), and the South Coast Air Quality Management District (SCAQMD).
3. SCAQMD Permit Filing Requirements. If requested by the Community Development Director, operators of uses, activities or processes that require SCAQMD approval to operate shall file a copy of the permit with the Community Development Department within 30 days of approval by SCAQMD.
4. Minimum Separation Distances. The proximity of proposed sensitive land uses to air pollution sources should be considered in the siting of the sensitive use. For the purposes of this section, sensitive land uses are those land uses where individuals who are more susceptible to the effects of air pollution (e.g., athletes, children, the elderly, those with illnesses) than the population at large are most likely to spend time (e.g., schools and schoolyards, parks and playgrounds, day-care centers, nursing homes, hospitals, residential communities).
5. Odor Emissions. Noxious odorous emissions in a manner or quantity that is detrimental to or endangers the public health, safety, comfort or welfare are declared to be a public nuisance and unlawful within City limits. Therefore, the noxious odor source shall be minimized and/or mitigated to prevent further emissions release. 
6. Dust and Dirt. Land use activities that may create dust emissions (e.g., construction, grading) shall be conducted so as to create as little dust or dirt emission beyond the boundary line of the parcel as possible, including, but not limited to, the following:
   1. Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required and that implementation of the proposed land use will occur as soon as possible after grading.
   2. Operations During High Winds. Clearing, earthmoving, excavation operations or grading activities shall cease when the wind speed exceeds 25 miles per hour averaged over one hour.
   3. Area of Disturbance. The area disturbed by clearing, demolition, earthmoving, excavation operations or grading shall be the minimum required to implement the allowed use.
   4. Dust Control. During clearing, demolition, earthmoving, excavation operations or grading, dust emissions shall be controlled by regular watering, paving of construction roads or other dust-preventive measures (e.g., hydroseeding), subject to the approval of the City Engineer.
      1. Material(s) excavated or graded shall be watered to prevent dust. Watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day.
      2. Material(s) transported off-site shall be either sufficiently watered or securely covered to prevent dust.
   5. On-site Roads. On-site roads shall be paved as soon as feasible. During construction, roads shall be watered periodically and/or shall be chemically stabilized.
   6. Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Portions of the construction site to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained, subject to the discretion of the City Engineer.
   7. Exhaust Emissions. Construction-related exhaust emissions shall be minimized by maintaining equipment in good running condition and in proper tune in compliance with manufacturer’s specifications. Construction equipment shall not be left idling for long periods of time.

Effective on: 1/1/1901

Existing and proposed uses shall not generate excessive heat, electrical disturbances or radioactive emissions that can or may be considered hazardous or a nuisance, or the use shall be shielded, contained or otherwise modified to prevent these generations, disturbances or emissions.

Effective on: 1/1/1901

Any existing or proposed use that constitutes or may be considered a nuisance or hazard on any adjacent property due to emittance of excessive light or glare from mechanical or chemical processes or from reflective materials used or stored on the site shall be shielded or otherwise modified to prevent such emissions.

Effective on: 1/1/1901

1. Intent. At certain levels, sound becomes noise and may jeopardize the health, safety or general welfare of city residents and degrade their quality of life. Pursuant to its police power, the City Council hereby declares that noise shall be regulated in the manner described herein. This chapter is intended to establish citywide standards regulating noise. This chapter is not intended to establish thresholds of significance for the purpose of any analysis required by the California Environmental Quality Act (CEQA), and no such thresholds are hereby established.
2. General Exemptions. Sound emanating from the following sources are exempt from the provisions of this chapter:
   1. Facilities owned or operated by or for a governmental agency.
   2. Capital improvement projects of a governmental agency.
   3. The maintenance or repair of public properties.
   4. Public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile.
   5. Public and private schools and school-sponsored activities.
   6. Agricultural operations on land designated Agriculture in the City's General Plan, or land zoned AG (Agriculture), provided such operations are carried out in a manner consistent with accepted industry standards. This exemption includes, without limitation, sound emanating from all equipment used during such operations, whether stationary or mobile.
   7. Wind energy conversion systems (WECS), provided such systems comply with the noise provisions of the Menifee Municipal Code.
   8. Property maintenance, including, but not limited to, the operation of lawnmowers, leaf blowers, etc., provided such maintenance occurs between the hours of 7:00 a.m. and 8:00 p.m.
   9. Motor vehicles (factory equipped), other than off-highway vehicles. This exemption does not include sound emanating from motor vehicle sound systems.
   10. Heating and air conditioning equipment in proper repair.
   11. Safety, warning and alarm devices, including, but not limited to, house and car alarms, and other warning devices that are designed to protect the public health, safety and welfare.
   12. The discharge of firearms consistent with all state laws.
   13. Bars, nightclubs, cocktail lounges, cabarets, billiards/pool halls, restaurants, drive-ins and eating establishments that have a Conditional Use Permit for on-site alcohol sales and live entertainment (interior noise). Outdoor patios and similar areas shall be subject to the requirements of this chapter, unless conditioned otherwise under Conditional Use Permit review.
3. Construction-Related Exemptions. Exceptions may be requested from the standards set forth in Section 9.210.060 of this chapter and may be characterized as construction-related, single event or continuous events exceptions.
   1. Private construction projects, with or without a Building Permit, located one-quarter of a mile or more from an inhabited dwelling.
   2. Private construction projects, with or without a building permit, located within one-quarter of a mile from an inhabited dwelling, shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a.m. to 7:00 p.m., or specified in Section 8.01.010. There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer.
   3. Construction-related exceptions. If construction occurs during off hours or exceeds noise thresholds, an application for a construction-related exception shall be made using the temporary use application provided by the Community Development Director in Chapter 9.105 of this Title. For construction activities on Sunday or nationally recognized holidays, Section 8.01.010 of this Code shall prevail.
4. General Sound Level Standards. No person shall create any sound, or allow the creation of any sound, on any property that causes the exterior and interior sound level on any other occupied property to exceed the sound level standards set forth in Table 9.210.060-1, Stationary Source Noise Standards.

5. Sound Level Measurement Methodology. Sound level measurements may be made anywhere within the boundaries of an occupied property. The actual location of a sound level measurement shall be at the discretion of the enforcement officials identified in Section 9.210.060.G. Sound level measurements shall be made with a sound level meter. Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. Following a sound level measurement, the calibration of the sound level meter shall be reverified. Sound level meters and calibration equipment shall be certified annually.
6. Special Sound Level Measurement Methodology. The general sound level standards set forth in Section 9.210.060.E apply to sound emanating from all sources, including the following special sound sources, and the person creating, or allowing the creation of, the sound is subject to the requirements of that section. The following special sound sources are also subject to the following additional standards; failure to comply with these standards constitutes separate violations of this chapter.
   1. Motor vehicles.
      1. Off-highway vehicles.
         1. No person shall operate an off-highway vehicle unless it is equipped with a USDA-qualified spark arrester and a constantly operating and properly maintained muffler. A muffler is not considered constantly operating and properly maintained if it is equipped with a cutout, bypass or similar device.
         2. No person shall operate an off-highway vehicle unless the noise emitted by the vehicle is not more than 96 dBA if the vehicle was manufactured on or after January 1, 1986, or is not more than 101 dBA if the vehicle was manufactured before January 1, 1986. For purposes of this division, emitted noise shall be measured a distance of 20 inches from the vehicle tailpipe using test procedures established by the Society of Automotive Engineers under Standard J-1287.
      2. Sound systems. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, between the hours of 10:00 p.m. and 8:00 a.m. the following morning, such that the sound system is audible to the human ear inside any inhabited dwelling. No person shall operate a motor vehicle sound system, whether affixed to the vehicle or not, at any other time such that the sound system is audible to the human ear at a distance greater than 100 feet from the vehicle.
   2. Power tools and equipment. No person shall operate any power tools or equipment as specified in Section 8.01.010, such that the power tools or equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the power tools or equipment may be located. No person shall operate any power tools or equipment at any other time such that the power tools or equipment are audible to the human ear at a distance greater than 100 feet from the power tools or equipment.
   3. Audio equipment. No person shall operate any audio equipment, whether portable or not, between the hours of 10:00 p.m. and 8:00 a.m. the following morning such that the equipment is audible to the human ear inside an inhabited dwelling other than a dwelling in which the equipment may be located. No person shall operate any audio equipment, whether portable or not, at any other time such that the equipment is audible to the human ear at a distance greater than 100 feet from the equipment.
   4. Sound-amplifying equipment and live music. No person shall install, use or operate sound-amplifying equipment, or perform, or allow to be performed, live music unless such activities comply with the following requirements. To the extent that these requirements conflict with any conditions of approval attached to an underlying land use permit, these requirements shall control.
      1. Sound-amplifying equipment or live music is prohibited between the hours of 10:00 p.m. and 8:00 a.m. the following morning on Sunday through Thursday and between the hours of 11:00 p.m. and 8:00 a.m. the following morning on Friday and Saturday.
      2. Sound emanating from sound-amplifying equipment or live music at any other time shall not be audible to the human ear at a distance greater than 200 feet from the equipment or music.
7. Duty to Cooperate. No person shall refuse to cooperate with, or obstruct, any peace officer or code enforcement officer when he or she is engaged in the process of enforcing the provisions of this chapter. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this chapter.

Effective on: 1/1/1901

All uses shall be so operated so as not to generate vibration discernible without instruments by the average person while on or beyond the lot upon which the source is located or within an adjoining enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles, trains and temporary construction is exempted from this standard.

Effective on: 1/1/1901

1. Maintenance required. Buildings, structures, yards and other improvements shall be maintained in a manner that does not detract from the appearance of the immediate neighborhood.
2. Prohibited conditions. The following conditions shall be prohibited:
   1. Dilapidated, deteriorating or unrepaired structures (e.g., fences, roofs, doors, walls, windows).
   2. Scrap lumber, junk, trash or debris.
   3. Abandoned, discarded or unused objects or equipment (e.g., automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers).
   4. Stagnant water or excavations, including pools and spas.
3. Applicable regulations. Other applicable regulations on property maintenance include Chapter 11.40 (Abatement of Graffiti), Chapter 6.10 (Illegal Dumping), and Chapter 8.20 Nuisances Generally (Nuisances) of this Code.

Effective on: 1/1/1901

The following standards are intended to ensure that the use, handling, storage and transportation of hazardous substances comply with the Menifee General Plan Safety Element S-5: Hazardous Materials, and all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the City.

A Conditional Use Permit is required pursuant to Chapter 9.40 (Conditional Use Permits) for the storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold specified in the Uniform Building Code.

For the purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Toxic Substances Control.

1. Reporting Requirements. All businesses required by state law (Health and Safety Code Chapter 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the Community Development Director at the same time these plans are submitted to the Fire Department.
2. Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code Chapter 6.7, and Section 79.1 13(a) of the Uniform Fire Code). Businesses that use underground storage tanks shall comply with the following notification procedures:
   1. Notify the Fire Department of any unauthorized release of hazardous substances immediately and take steps necessary to control the release; and
   2. Notify the Fire Department and the Community Development Director of any proposed abandoning, closing or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.
3. Aboveground Storage. Aboveground storage tanks for flammable liquids may be allowed subject to the approval of the Fire Department.
4. Combustibles, Explosives and Discharge of Waste.
   1. The use, handling, storage and transportation of combustibles and explosives shall comply with the provisions of Title 19 of the California Code of Regulations, Chapter 10 (Explosives).
   2. No gasoline or other inflammables or explosives shall be stored unless the location, plans and construction conform to the laws and regulations of the State of California and have the approval of the City.
   3. All discharge of waste shall be in conformity with the provisions of Chapter 15.01 of this Title, as amended.
5. New Development. Structures subject to the provisions of this development code, as well as all newly created parcels, shall be designed to accommodate a setback of at least 50 feet from any existing natural gas or petroleum pipeline. This setback may be reduced, only if the Community Development Director can make one or more of the following findings:
   1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers.
   2. A 50-foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines or easements.
   3. A containment system or other mitigating facility shall be constructed, and the City Engineer finds that a leak would accumulate within the reduced setback area. The design of the system shall be subject to the approval of the City Engineer.

   For the purpose of this section, a pipeline is defined as follows:

   4. A pipe with a nominal diameter of 6 inches or more that is used to transport hazardous liquid, but does not include a pipe used to transport or store hazardous liquid within a refinery, storage or manufacturing facility; or
   5. A pipe with a nominal diameter of 6 inches or more operated at a pressure of more than 275 pounds for each square inch that carries gas.
6. Notification Required. A subdivider of a development within 500 feet of a pipeline shall notify a new/potential owner at the time of purchase and at the close of escrow of the location, size and type of pipeline.

Effective on: 1/1/1901

The purpose of this chapter is to provide sufficient off-street parking and loading spaces for all land uses in Menifee and to ensure the provision and maintenance of safe, adequate and well-designed off-street parking facilities. It is the intent of this section that the number of required parking and loading spaces will meet the needs created by the particular uses. The standards for parking facilities are also intended to reduce street congestion and traffic hazards and to promote vehicular and pedestrian safety and efficient land use.

Off-street vehicle parking shall be provided in accordance with this section when the associated building or structure is constructed or the use is established. Additional off-street parking shall be provided in accordance with this section when an existing building is altered or dwelling units, Apartments or guest rooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use.

Effective on: 1/1/1901

1. The provisions of this chapter apply to off-street parking, designed in accordance with the requirements of this chapter, shall be provided for:
   1. All newly constructed buildings
   2. Additions to existing buildings
   3. Any change of use within an existing building
2. All required parking shall be made permanently available and be permanently maintained for parking purposes.
3. When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number.

Effective on: 1/1/1901

A plot plan, pursuant to the provisions of Chapter 9.80 of this Title, shall be filed for approval of all off-street parking facilities, except for one- and two-family residences, unless the off-street parking facilities are approved as a part of a plot plan, conditional use permit or public use permit approval.

Effective on: 1/1/1901

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.

The following Table 9.215.040-1, Parking Requirements, is designed to allow calculation of parking spaces required for the uses shown.