The purpose of this chapter is to provide reasonable standards for the keeping and raising of animals to avoid and minimize adverse impacts on adjacent properties and preserve the city’s quality and character. This chapter will allow for keeping of animals in limited numbers with reasonable controls and safeguards to protect the character of the community.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.235.020 Applicability

The requirements contained in this chapter shall apply to all animal keeping in the City of Menifee including domestic and farm animals, kennels, catteries, horse stables, boarding and riding academies.
Any legally established nonconforming animal keeping use that became nonconforming upon adoption of this ordinance shall be permitted to continue subject to Chapter 9.15 (Nonconforming Uses, Structures).
Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 9.235.030-1 subject to compliance with setback regulations of the underlying zoning district and subject to approval by the Community Development Director.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.235.030 Keeping of Animals

Animal keeping uses allowed in Article 3 (Zones) and listed in Table 9.235.030-1 shall comply with the standards listed in Table 9.235.030-1 (Animal Keeping Standards) and with all other standards and requirements of this section and with all other applicable ordinances and regulations.

Only the following animals may be kept in the following zones up to the maximum numbers listed, except where they create a public nuisance regardless of their numbers. Unless specified below, no animals or fowl, other than domestic pets, poultry and rabbits for the exclusive use of the occupant, shall be permitted on lots of less than 20,000 square feet. The keeping of animals is only allowed as an accessory use, except in the AG zone.

Table 9.235.030-1, Animal Keeping Standards
Types of Animals/Use	Commercial (C) or Non- Commercial (NC)	Zones Permitted	Max Number of Animals per Site	Min Lot Size	Setbacks and Standards (See Table Footnotes)
Small Animals (e.g. hamsters, rabbits, chinchillas, and similar sized animals)	C	AG, RM, RR5, RR2, RR1, RR1/2	Per Approval Authority	1 acre	A
	NC	All Zones	30	--	A
Medium Animals (e.g. sheep, goats, pigs, and similar sized animals)	C	AG, RM, RR5, RR2	Per Approval Authority	1 acre	A, B
	NC	AG, RM, RR5, RR2, RR1, RR1/2	2 animals per ½ acre	½ acre	A
	NC	LDR-1, LDR-2	1	7,200 SF	A
Large Animals (e.g. cows, horses, camels, llamas, and other similar sized animals)	C	AG, RR5, RR2	5 animals per acre	2 acres	A, B
	NC	AG, RM, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
	NC	RR1/2, LDR-1, LDR-2	2 animals per 20,000 sq. ft. , maximum 4 animals	1 acre	A, B
Non-Crowing Fowl (hens, ducks, etc.)	C	--	--	--	--
	NC	AG, RR5, RR2, RR1	12	20,000 sq. ft.	A, C
		AG, RR5, RR2, RR1	50	40,000 sq. ft.	A, C
		RM, RR1/2, LDR-1, LDR-2	4	7,200 sq. ft.	A, C
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	C	--	--	--	--
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	NC	AG, RR5, RR2, RR1	1	1 acre	A, C
Kennels and Catteries	C/NC	AG, RR5, RR2, RR1, RR1/2	See classifications and 9.235.050	1 acre	9.235.050
Kennels and Catteries	C/NC	BP, HI	See classifications and 9.235.050	--	9.235.050
Stables/Boarding of Large Animals, Riding Academies	C	AG, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
Aquaculture (commercial raising of fish, frogs, shellfish, algae, etc.)	C	AG, RR5, RR2	Per Approval Authority	1 acre	A
Apiary (beekeeping)	C	AG, RM, RR5	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Apiary (beekeeping)	NC	AG, RM, RR5, RR2, RR1, RR1/2, LDR-1, LDR-2	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Aviary	C	--	--	--	--
Aviary	NC	AG, RM, RR5, RR2, RR1, RR1/2	50 birds per acre; more than 50 per Approval Authority	½ Acre	A
Animal Rescue	C/NC	AG, RR5, RR2, RR1, RR1/2, BP, HI	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Petting Zoo	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	LDR-1, LDR-2, LMDR,MDR, MHDR, HDR	A total of 5 large and medium animals of any combination. This does not include crowing fowl.	1 acre	As otherwise permitted for each animal type permitted herein
A. Animals must be kept and maintained in an enclosed area, located not less than 20 feet from any property line and at least 50 feet from any residence existing at the time such use is established. B. Lots must be a minimum of 100 feet in width. C. Animals must be kept in the rear yard. D. Hives must be kept at least 50 feet away from any highways, roads, streets, public school or park property, or any structure used as a dwelling or as a place of business.

Table 9.235.030-1, Animal Keeping Standards
Types of Animals/Use	Commercial (C) or Non- Commercial (NC)	Zones Permitted	Max Number of Animals per Site	Min Lot Size	Setbacks and Standards (See Table Footnotes)
Small Animals (e.g. hamsters, rabbits, chinchillas, and similar sized animals)	C	AG, RM, RR5, RR2, RR1, RR1/2	Per Approval Authority	1 acre	A
	NC	All Zones	30	--	A
Medium Animals (e.g. sheep, goats, pigs, and similar sized animals)	C	AG, RM, RR5, RR2	Per Approval Authority	1 acre	A, B
	NC	AG, RM, RR5, RR2, RR1, RR1/2	2 animals per ½ acre	½ acre	A
	NC	LDR-1, LDR-2	1	7,200 SF	A
Large Animals (e.g. cows, horses, camels, llamas, and other similar sized animals)	C	AG, RR5, RR2	5 animals per acre	2 acres	A, B
	NC	AG, RM, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
	NC	RR1/2, LDR-1, LDR-2	2 animals per 20,000 sq. ft. , maximum 4 animals	1 acre	A, B
Non-Crowing Fowl (hens, ducks, etc.)	C	--	--	--	--
	NC	AG, RR5, RR2, RR1	12	20,000 sq. ft.	A, C
		AG, RR5, RR2, RR1	50	40,000 sq. ft.	A, C
		RM, RR1/2, LDR-1, LDR-2	4	7,200 sq. ft.	A, C
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	C	--	--	--	--
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	NC	AG, RR5, RR2, RR1	1	1 acre	A, C
Kennels and Catteries	C/NC	AG, RR5, RR2, RR1, RR1/2	See classifications and 9.235.050	1 acre	9.235.050
Kennels and Catteries	C/NC	BP, HI	See classifications and 9.235.050	--	9.235.050
Stables/Boarding of Large Animals, Riding Academies	C	AG, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
Aquaculture (commercial raising of fish, frogs, shellfish, algae, etc.)	C	AG, RR5, RR2	Per Approval Authority	1 acre	A
Apiary (beekeeping)	C	AG, RM, RR5	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Apiary (beekeeping)	NC	AG, RM, RR5, RR2, RR1, RR1/2, LDR-1, LDR-2	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Aviary	C	--	--	--	--
Aviary	NC	AG, RM, RR5, RR2, RR1, RR1/2	50 birds per acre; more than 50 per Approval Authority	½ Acre	A
Animal Rescue	C/NC	AG, RR5, RR2, RR1, RR1/2, BP, HI	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Petting Zoo	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	LDR-1, LDR-2, LMDR,MDR, MHDR, HDR	A total of 5 large and medium animals of any combination. This does not include crowing fowl.	1 acre	As otherwise permitted for each animal type permitted herein
A. Animals must be kept and maintained in an enclosed area, located not less than 20 feet from any property line and at least 50 feet from any residence existing at the time such use is established. B. Lots must be a minimum of 100 feet in width. C. Animals must be kept in the rear yard. D. Hives must be kept at least 50 feet away from any highways, roads, streets, public school or park property, or any structure used as a dwelling or as a place of business.

Table 9.235.030-1, Animal Keeping Standards
Types of Animals/Use	Commercial (C) or Non- Commercial (NC)	Zones Permitted	Max Number of Animals per Site	Min Lot Size	Setbacks and Standards (See Table Footnotes)
Small Animals (e.g. hamsters, rabbits, chinchillas, and similar sized animals)	C	AG, RM, RR5, RR2, RR1, RR1/2	Per Approval Authority	1 acre	A
	NC	All Zones	30	--	A
Medium Animals (e.g. sheep, goats, pigs, and similar sized animals)	C	AG, RM, RR5, RR2	Per Approval Authority	1 acre	A, B
	NC	AG, RM, RR5, RR2, RR1, RR1/2	2 animals per ½ acre	½ acre	A
	NC	LDR-1, LDR-2	1	7,200 SF	A
Large Animals (e.g. cows, horses, camels, llamas, and other similar sized animals)	C	AG, RR5, RR2	5 animals per acre	2 acres	A, B
	NC	AG, RM, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
	NC	RR1/2, LDR-1, LDR-2	2 animals per 20,000 sq. ft. , maximum 4 animals	1 acre	A, B
Non-Crowing Fowl (hens, ducks, etc.)	C	--	--	--	--
	NC	AG, RR5, RR2, RR1	12	20,000 sq. ft.	A, C
		AG, RR5, RR2, RR1	50	40,000 sq. ft.	A, C
		RM, RR1/2, LDR-1, LDR-2	4	7,200 sq. ft.	A, C
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	C	--	--	--	--
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	NC	AG, RR5, RR2, RR1	1	1 acre	A, C
Kennels and Catteries	C/NC	AG, RR5, RR2, RR1, RR1/2	See classifications and 9.235.050	1 acre	9.235.050
Kennels and Catteries	C/NC	BP, HI	See classifications and 9.235.050	--	9.235.050
Stables/Boarding of Large Animals, Riding Academies	C	AG, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
Aquaculture (commercial raising of fish, frogs, shellfish, algae, etc.)	C	AG, RR5, RR2	Per Approval Authority	1 acre	A
Apiary (beekeeping)	C	AG, RM, RR5	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Apiary (beekeeping)	NC	AG, RM, RR5, RR2, RR1, RR1/2, LDR-1, LDR-2	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Aviary	C	--	--	--	--
Aviary	NC	AG, RM, RR5, RR2, RR1, RR1/2	50 birds per acre; more than 50 per Approval Authority	½ Acre	A
Animal Rescue	C/NC	AG, RR5, RR2, RR1, RR1/2, BP, HI	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Petting Zoo	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	LDR-1, LDR-2, LMDR,MDR, MHDR, HDR	A total of 5 large and medium animals of any combination. This does not include crowing fowl.	1 acre	As otherwise permitted for each animal type permitted herein
A. Animals must be kept and maintained in an enclosed area, located not less than 20 feet from any property line and at least 50 feet from any residence existing at the time such use is established. B. Lots must be a minimum of 100 feet in width. C. Animals must be kept in the rear yard. D. Hives must be kept at least 50 feet away from any highways, roads, streets, public school or park property, or any structure used as a dwelling or as a place of business.

Table 9.235.030-1, Animal Keeping Standards
Types of Animals/Use	Commercial (C) or Non- Commercial (NC)	Zones Permitted	Max Number of Animals per Site	Min Lot Size	Setbacks and Standards (See Table Footnotes)
Small Animals (e.g. hamsters, rabbits, chinchillas, and similar sized animals)	C	AG, RM, RR5, RR2, RR1, RR1/2	Per Approval Authority	1 acre	A
	NC	All Zones	30	--	A
Medium Animals (e.g. sheep, goats, pigs, and similar sized animals)	C	AG, RM, RR5, RR2	Per Approval Authority	1 acre	A, B
	NC	AG, RM, RR5, RR2, RR1, RR1/2	2 animals per ½ acre	½ acre	A
	NC	LDR-1, LDR-2	1	7,200 SF	A
Large Animals (e.g. cows, horses, camels, llamas, and other similar sized animals)	C	AG, RR5, RR2	5 animals per acre	2 acres	A, B
	NC	AG, RM, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
	NC	RR1/2, LDR-1, LDR-2	2 animals per 20,000 sq. ft. , maximum 4 animals	1 acre	A, B
Non-Crowing Fowl (hens, ducks, etc.)	C	--	--	--	--
	NC	AG, RR5, RR2, RR1	12	20,000 sq. ft.	A, C
		AG, RR5, RR2, RR1	50	40,000 sq. ft.	A, C
		RM, RR1/2, LDR-1, LDR-2	4	7,200 sq. ft.	A, C
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	C	--	--	--	--
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	NC	AG, RR5, RR2, RR1	1	1 acre	A, C
Kennels and Catteries	C/NC	AG, RR5, RR2, RR1, RR1/2	See classifications and 9.235.050	1 acre	9.235.050
Kennels and Catteries	C/NC	BP, HI	See classifications and 9.235.050	--	9.235.050
Stables/Boarding of Large Animals, Riding Academies	C	AG, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
Aquaculture (commercial raising of fish, frogs, shellfish, algae, etc.)	C	AG, RR5, RR2	Per Approval Authority	1 acre	A
Apiary (beekeeping)	C	AG, RM, RR5	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Apiary (beekeeping)	NC	AG, RM, RR5, RR2, RR1, RR1/2, LDR-1, LDR-2	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Aviary	C	--	--	--	--
Aviary	NC	AG, RM, RR5, RR2, RR1, RR1/2	50 birds per acre; more than 50 per Approval Authority	½ Acre	A
Animal Rescue	C/NC	AG, RR5, RR2, RR1, RR1/2, BP, HI	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Petting Zoo	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	LDR-1, LDR-2, LMDR,MDR, MHDR, HDR	A total of 5 large and medium animals of any combination. This does not include crowing fowl.	1 acre	As otherwise permitted for each animal type permitted herein
A. Animals must be kept and maintained in an enclosed area, located not less than 20 feet from any property line and at least 50 feet from any residence existing at the time such use is established. B. Lots must be a minimum of 100 feet in width. C. Animals must be kept in the rear yard. D. Hives must be kept at least 50 feet away from any highways, roads, streets, public school or park property, or any structure used as a dwelling or as a place of business.

A.
Animals may be kept on any residentially zoned property in the maximum numbers identified in this chapter, provided the keeping of said animals does not constitute a nuisance.
B.
It shall be unlawful to keep a number of animals exceeding the numbers set out in this chapter, except as may be otherwise allowed by the approval authority.
C.
Approval Authority Conditions. The Approval Authority may require fencing and landscaping of the parcel and limits on the number of animals to ensure the use is compatible with the surrounding area.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.235.040 Fowl

Development Standards. No keeping of Fowl shall be allowed unless it complies with the following standards:
1. The proposed use must conform to all the requirements of the Menifee General Plan.
2. The lot is zoned for the keeping or raising of fowl as a permitted use and subject to the restrictions of the zone.
3. The fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. To mitigate potential noise and to avoid the creation of a public nuisance due to noise, the enclosed area shall be constructed, and the crowing fowl shall be maintained, as follows:
  1. The fowl shall be kept in a solid walled acoustical enclosure with a solid roof attached to all perimeter walls of the enclosure.
  2. Fowl shall be confined inside the walled and roofed enclosure between the hours of 8:00 p.m. and 6:00 a.m. each day.
  3. The walled and roofed enclosure shall be completely screened, except for its entry, by landscaping, including trees and shrubbery.
  4. Any noise escaping from the enclosure shall not interfere with a reasonable person's use and enjoyment of his or her real property.
4. All of the development standards of the zone in which the fowl is located shall be met.
5. Findings are made by the Community Development Director that there is no adverse impact on the public health, safety or welfare.

Effective on: 1/1/1901

9.235.050 Kennels

Kennels may be for commercial or noncommercial purposes, including for raising of guard dogs, care animals, rescue animals, and breeding and boarding.
The following classes of kennels are allowed in the following zones pursuant to Table 9.235.050-1, pursuant to the following development standards:

Table 9.235.050-1, Kennel Classes and Allowed Zoning
Class of Kennels	Zones Where Allowed	Maximum Number of Animals per Site	Minimum Lot Size for Keeping Such Animals	Kennel Definitions
No Kennel	All zones	1–4 dogs	--	One to 4 dogs on a property is allowed without a Conditional Use Permit issued from the Community Development Department.
Class I Kennel	AG, RM, RR5, RR2, RR1, RR½, LDR-1, LDR-2	5–10 dogs	1 acre	Any building, structure, enclosure or premises whereupon, or within which, 5 to 10 dogs, four months or older of age, are kept or maintained. A Class I Kennel shall not include a sentry dog kennel.
Class II Kennel/Cattery	AG, RR5, RR2, RR1, RR½, BP, HI, EDC	11–25 dogs 10–25 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premise, whereupon, or within which, 11 to 25 dogs, four months of age or older, or 10 to 25 cats are kept or maintained.
Class III Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	26–40 dogs 26–40 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs or cats, four months or older of age, are kept or maintained.
Class IV Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	41 or more dogs or cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months or older of age, or 41 or more cats, are kept or maintained.
Sentry Dog Kennel	AG, RR5, RR2, RR1, BP, HI, EDC	5 or more dogs	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 5 or more guard, or sentry dogs are kept or maintained. A sentry dog is any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog."

Table 9.235.050-1, Kennel Classes and Allowed Zoning
Class of Kennels	Zones Where Allowed	Maximum Number of Animals per Site	Minimum Lot Size for Keeping Such Animals	Kennel Definitions
No Kennel	All zones	1–4 dogs	--	One to 4 dogs on a property is allowed without a Conditional Use Permit issued from the Community Development Department.
Class I Kennel	AG, RM, RR5, RR2, RR1, RR½, LDR-1, LDR-2	5–10 dogs	1 acre	Any building, structure, enclosure or premises whereupon, or within which, 5 to 10 dogs, four months or older of age, are kept or maintained. A Class I Kennel shall not include a sentry dog kennel.
Class II Kennel/Cattery	AG, RR5, RR2, RR1, RR½, BP, HI, EDC	11–25 dogs 10–25 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premise, whereupon, or within which, 11 to 25 dogs, four months of age or older, or 10 to 25 cats are kept or maintained.
Class III Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	26–40 dogs 26–40 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs or cats, four months or older of age, are kept or maintained.
Class IV Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	41 or more dogs or cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months or older of age, or 41 or more cats, are kept or maintained.
Sentry Dog Kennel	AG, RR5, RR2, RR1, BP, HI, EDC	5 or more dogs	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 5 or more guard, or sentry dogs are kept or maintained. A sentry dog is any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog."

Table 9.235.050-1, Kennel Classes and Allowed Zoning
Class of Kennels	Zones Where Allowed	Maximum Number of Animals per Site	Minimum Lot Size for Keeping Such Animals	Kennel Definitions
No Kennel	All zones	1–4 dogs	--	One to 4 dogs on a property is allowed without a Conditional Use Permit issued from the Community Development Department.
Class I Kennel	AG, RM, RR5, RR2, RR1, RR½, LDR-1, LDR-2	5–10 dogs	1 acre	Any building, structure, enclosure or premises whereupon, or within which, 5 to 10 dogs, four months or older of age, are kept or maintained. A Class I Kennel shall not include a sentry dog kennel.
Class II Kennel/Cattery	AG, RR5, RR2, RR1, RR½, BP, HI, EDC	11–25 dogs 10–25 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premise, whereupon, or within which, 11 to 25 dogs, four months of age or older, or 10 to 25 cats are kept or maintained.
Class III Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	26–40 dogs 26–40 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs or cats, four months or older of age, are kept or maintained.
Class IV Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	41 or more dogs or cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months or older of age, or 41 or more cats, are kept or maintained.
Sentry Dog Kennel	AG, RR5, RR2, RR1, BP, HI, EDC	5 or more dogs	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 5 or more guard, or sentry dogs are kept or maintained. A sentry dog is any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog."

Table 9.235.050-1, Kennel Classes and Allowed Zoning
Class of Kennels	Zones Where Allowed	Maximum Number of Animals per Site	Minimum Lot Size for Keeping Such Animals	Kennel Definitions
No Kennel	All zones	1–4 dogs	--	One to 4 dogs on a property is allowed without a Conditional Use Permit issued from the Community Development Department.
Class I Kennel	AG, RM, RR5, RR2, RR1, RR½, LDR-1, LDR-2	5–10 dogs	1 acre	Any building, structure, enclosure or premises whereupon, or within which, 5 to 10 dogs, four months or older of age, are kept or maintained. A Class I Kennel shall not include a sentry dog kennel.
Class II Kennel/Cattery	AG, RR5, RR2, RR1, RR½, BP, HI, EDC	11–25 dogs 10–25 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premise, whereupon, or within which, 11 to 25 dogs, four months of age or older, or 10 to 25 cats are kept or maintained.
Class III Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	26–40 dogs 26–40 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs or cats, four months or older of age, are kept or maintained.
Class IV Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	41 or more dogs or cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months or older of age, or 41 or more cats, are kept or maintained.
Sentry Dog Kennel	AG, RR5, RR2, RR1, BP, HI, EDC	5 or more dogs	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 5 or more guard, or sentry dogs are kept or maintained. A sentry dog is any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog."

Development and Operations Standards.
1. Residency. In agricultural, rural and residential zones permitting kennels, such kennels may be placed upon parcels containing detached single-family dwelling units. All Class II Kennels and above shall include a single-family dwelling to be used by a live-in caretaker. Notwithstanding any provision within this ordinance to the contrary, no parcel with a kennel or cattery shall contain more than the maximum number of detached single-family dwelling units permitted by the existing zoning on the property. Multi-family dwelling units and attached single-family dwelling units shall not be permitted in conjunction with kennels or catteries, provided, however, that a guest living quarter or accessory dwelling unit shall be permitted in accordance with current City zoning regulations.
2. Minimum Lot Size. The minimum lot size for a kennel or cattery in an agricultural, residential or rural zone is 1 acre (gross). There is no minimum lot size for a kennel or cattery in a business park or industrial zone other than what is required by the existing zoning on the property.
3. License. The applicant shall obtain and continuously maintain all necessary licenses as adopted by the City.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.235.060 Miniature Pigs

Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, that such pig may be off such premises if under restraint of a competent person.
The miniature pig must be kept in an enclosure that is no closer than 30 feet from the front property line, 15 feet from any side or rear property line and no closer than 35 feet from any dwelling unit other than the dwelling unit on the subject lot.

Effective on: 1/1/1901

9.235.070 Animal Maturity

The provisions of this chapter apply to mature breeding stock, maintenance stock and similar farm stock, and shall not apply to the offspring thereof, if such offspring are being kept, fed or maintained solely for sale, marketing or slaughtering at the earliest practical age of maturity.
Whenever any section of this ordinance requires a determination as to the maturity of animals, the following periods of time shall be used to establish the age of maturity:
1. Birds: 6 months
2. Cattle: 18 months
3. Fowl and poultry: 2 months
4. Goats: 9 months
5. Horses: 24 months
6. Pigs: 8 months
7. Sheep: 9 months
8. Other small farm animals: 6 months

Effective on: 1/1/1901

9.235.080 Animal Grazing

There shall be no limit to the permissible number of goats or sheep which may be grazed per acre when the grazing is for the purpose of cleaning up unharvested crops or weed abatement, provided that such grazing is not conducted for more than 4 weeks in any 6 month period.

Effective on: 1/1/1901

9.240.010 Purpose

This chapter establishes the regulations and criteria for the development and operation of certain motor vehicle and related uses as commercial uses. The intent of the standards is to regulate these uses for compatibility with surrounding uses.

Effective on: 1/1/1901

9.240.020 Applicability

The regulations and standards contained in this chapter shall apply to those uses expressly identified as subject to this chapter in the tables of allowed uses and approval requirements contained in Article 3 (Zones) of this Title.

Effective on: 1/1/1901

9.240.030 Motor Vehicle and Related Uses – General

The following regulations shall apply to all motor vehicle and related uses.

Hours of operation shall be limited to no earlier than 6:00 a.m. and no later than 10:00 p.m., unless specifically approved otherwise. The hours of operation for gas stations may exceed these general limits where established as part of the conditions of approval.
The sound emanating from all motor vehicle and related uses shall be subject to all the applicable noise control regulations of Section 9.255.060 (Noise Control Regulations) of this Title.
Exterior amplified sound systems are prohibited within 100 feet of a non-commercial use.
The property owner and/or individual responsible for said property shall take all steps necessary to ensure individuals shall not loiter upon the property before and after regularly established business hours.
Persons engaged in the delivery of motor vehicles for storage, sales, rental, display or repair shall not stop or park within any public rights-of-way(ROW) to off-load such vehicles without having an approved encroachment permit.
Access and onsite circulation shall be reviewed and approved by the City Engineer to ensure traffic flow from the public right-of-way onto the site, or traffic flow from the site, does not create a hazardous situation.
Appropriate best management practices shall be constructed and/or practiced to ensure any vehicle fluids do not leave the site and do not contaminate soil.
Dismantling of stored and/or parked vehicles shall be expressly prohibited within the public view, unless specifically approved otherwise.

Effective on: 1/1/1901

9.240.040 Vehicle Rentals

The following regulations shall apply to all vehicle rental uses, including trailer and recreational vehicle rental, truck and trailer rental, boat rental, equipment rental and motorcycle rental.

Repairs, except incidental replacement/repair including such activities as the installation of windshield wiper blades or batteries or comparable activity, shall be prohibited, unless combined with a reviewed and approved repair facility subject to the regulations set forth in Section 9.240.070 (Vehicle Repairs and Service)
Rental vehicles shall not be displayed in the customer/employee parking area, drive aisles or other portions of the property not designed for vehicle display.
Vehicles stored outside not displayed for rental purpose shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage).
Vehicle storage or display is prohibited in the public right-of-way.

Effective on: 1/1/1901

9.240.050 Vehicle Sales

The following regulations shall apply to all vehicle sales uses, including trailer and recreational vehicle sales, truck sales, boat sales, equipment sales and motorcycle sales.

General Requirements.
1. Vehicles shall only be displayed for sale in approved display areas. Vehicles for sale shall not be displayed in the customer/employee parking area, drive aisles or other portions of the property not designed for vehicle display per an approved plot plan or conditional use permit.
2. On-site circulation shall be reviewed and approved by the City Engineer to ensure vehicle circulation through the site is safe and that the placement of the vehicle display areas does not interfere with the flow of vehicles to designated parking stalls.
3. Sufficient space shall be provided for service drop-offs to prevent stacking of waiting vehicles onto a public street.
4. Vehicles in inventory shall not be parked on the public right-of-way.
5. Repairs shall be conducted within an enclosed building. Repair facilities included with vehicle sales shall be reviewed and approved subject to the regulations set forth in Section 9.240.070 (Vehicle Repairs and Service).
6. On-site vehicle painting is prohibited.
7. Outdoor storage of new or used tires is prohibited.
8. Vehicle storage may be permitted as incidental to the primary use and shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage). Vehicles displayed for sale in approved display areas are not subject to screening requirements.
9. When located adjacent to a property with a residential land use designation, a block wall of not less than 6 feet in height shall be required along the entire length of the property line. The block wall shall be reduced to the maximum height allowed within the required front yard setback and as necessary to meet intersection sight distance requirements. Any gate(s) shall be constructed of materials to prevent view of the stored materials within the walled and gated area.
Landscape Standards. The following standards shall be applied to all new automobile, motorcycle and truck dealerships or to substantial alterations to existing automobile, motorcycle and truck dealerships:
1. Display areas. A minimum 5-foot-wide planter area/island shall be required at the end of all display area lanes adjacent to the main entry drive lane. An additional 1-foot strip, made of concrete or other materials acceptable to the Community Development Director, shall be located next to the curb immediately adjacent to the end display parking space. Such landscape islands shall have a mixture of trees, shrubs and ground cover and shall have an automatic irrigation system consistent with Chapter 9.195 (Landscaping Standards).
2. Street frontages. All portions of the property which have street frontage shall meet one of the following criteria:
  1. A minimum of 12 feet of landscaping shall be provided, measured from the property line to the display area length and shall be surrounded by drought-tolerant, low-growing shrubs and ground cover; or
  2. A minimum of 20 feet of landscaping shall be provided, measured from the property line to the display area, with the display area allowed to encroach into 8 feet of the landscape area.
    1. Display areas shall be of pervious hardscape, a maximum of 20 feet in length, and shall be surrounded by drought-tolerant, low-growing shrubs and ground cover.
    2. The number of display areas allowed shall be calculated in the following manner: three display spaces per 100 linear feet of street frontage. Fractional spaces (0.5 and over) shall be rounded up.
    3. No display area shall be located immediately adjacent to another display area. Landscaping shall be provided between display areas.
3. Development adjacent to existing and proposed residential uses. All portions of the property which abut an existing or proposed residential use shall have a minimum 10-foot-wide landscape buffer.
4. All other portions of the property which do not abut a street or existing or proposed residential uses shall have a minimum 5-foot-wide landscape buffer.
5. All customer parking on the site shall be clearly identified, either through special paint (i.e., curb painting) or signage, and shall be subject to the landscape requirements contained in Chapter 9.195 (Landscaping Standards) of the development code.
6. Service bays shall not be visible from a public street and shall be adequately screened from adjacent residential uses.
7. Inventory and vehicle-in-repair storage areas on the site shall be clearly identified and do not need to be internally landscaped. If they are located on the property perimeter or adjacent to residential development or sensitive areas, they shall be screened in the manner discussed above.
Used Motor Vehicle Sales (without the Sales of New Motor Vehicles).
1. The minimum lot width of any site supporting a used motor vehicle sales business shall be 100 feet.
2. The minimum lot area shall be 10,000 square feet.
3. A building containing not less than 200 square feet shall be maintained on the lot supporting the business. The building shall be a permanent structure; modular or portable buildings are not permitted.

Effective on: 1/1/1901

9.240.060 Vehicle Parts and Supply Stores

The following regulations shall apply to all vehicle parts and supply store uses.

Replacement parts and repairs shall not be installed and/or completed by customers or employees of the on-site business in the parking area, drive aisles or unimproved areas of the site.
No vehicle repairs are permitted on-site.

Effective on: 1/1/1901

9.240.070 Vehicle Repairs and Service

The following regulations shall apply to all vehicle repairs and service uses, including minor repair, major repair, stereo and sound system installation, body, paint and upholstery shops, boat service and repair, motorcycle service and repair, recreational vehicle service and repair, and heavy equipment service and repair.

On-site circulation shall be reviewed and approved by the City Engineer to ensure on-site circulation upon and through the site is safe and convenient for the patrons and that the placement of the vehicle display areas does not interfere with the flow of vehicles to designated parking stalls.
Repairs shall be conducted within an enclosed building.
Service bay doors shall be oriented away from adjacent properties with a residential land use designation.
Outdoor storage of new or used tires is prohibited.
Vehicle storage may be permitted as incidental to the primary use and shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage).
Vehicles waiting for service or repair shall not be parked in the public right-of-way.
All portions of the property which abut an existing or proposed residential use shall have a minimum 10-foot-wide landscape buffer.
When located adjacent to a property with a residential land use designation, a block wall of not less than 6 feet in height shall be required along the entire length of the property line. The block wall shall be reduced as necessary to the maximum height allowed within the required front yard setback and to meet sight visibility area requirements. Any gate(s) shall be constructed of materials to prevent view of the stored materials within the walled and gated area.
Automobiles and vehicles shall not be stored outside of a building on-site for more than 24 consecutive hours, unless stored in an approved storage area in compliance with the requirements of Section 9.240.080 (Vehicle Storage).

Effective on: 1/1/1901

9.240.080 Vehicle Storage

The following regulations shall apply to all vehicle storage yards, including designated storage areas incidental to a primary use, recreational vehicle storage boat and trailer storage, and equipment storage.

All vehicle storage yards shall require a principle structure not less than 500 square feet in area from which the business is operated.
Outside vehicle storage shall be confined to the rear of the principal structure(s) or to rear two-thirds of the lot, whichever is more restrictive.
All storage areas shall be screened from public view from any adjoining properties and from the public rights-of-way by appropriately designed walls, fencing and landscaping.
Vehicle storage yards shall maintain the minimum setback requirements for the zone in which the use is located.
All required setbacks shall be landscaped in compliance with Chapter 9.240 (Landscaping Standards).
Vehicle storage yards adjacent to existing and proposed residential uses: All portions of the property which abut an existing or proposed residential use shall have a minimum 10-foot-wide landscape buffer.
A solid wall not less than 6 feet tall made of block, masonry or other similar material shall be constructed and maintained around the perimeter of the use to substantially block the view of the storage yard. The wall shall not encroach into any required setback along a front or street side yard or encroach into any required sight visibility area. Any vehicles not screened shall be operable and in good repair.
Storage areas shall be paved with concrete or asphalt paving. An alternative material may be approved by the City Engineer.

Effective on: 1/1/1901

9.240.090 Drive-Through and Drive-In Facilities

Commercial uses including restaurants, financial institutions, pharmacies or other businesses providing drive-through, drive-up or drive-in facilities shall be subject to the following requirements:

Drive-Through Stacking Length. Stacking lanes for drive-through customers shall be of sufficient length behind a communication stop menu board or drive-up window or teller machine if no prior menu board communication stop is provided, to accommodate at least six vehicles, measuring a minimum of 9 feet by 20 feet per vehicle, unless additional stacking length is required by the approving authority or required pursuant to a site specific traffic management plan. The drive-through aisle shall have a minimum width of 11 feet on the straight sections and 12 feet on curved portions.
Pedestrian walkways should not intersect the drive-through aisles. If pedestrian walkways do cross the drive aisles, they shall be clearly marked with paving or striping.
Vehicle entrances to drive-through businesses shall be located a minimum of 150 feet from the nearest intersection, with 200 feet being the preferred distance, except where the City Engineer determines that an alternate standard can be safely accepted.
Separate queuing and circulation. Separate queuing and circulation shall be provided for drive-through traffic to ensure access for other traffic to parking spaces or exits is not unreasonably obstructed.
Design Characteristics. Drive-through facilities shall be screened from adjacent roads and residential properties through the use of landscape and architectural treatments such as berming, screen walls and bays around the drive aisle. Drive-through lanes shall be oriented away from street. Ordering boxes, speakers and drive lane lighting shall be oriented away from the street. A maximum four-foot-high screen wall shall be required to prevent vehicle lights from impacting on-coming traffic and to provide a screen wall for the pickup window. Landscape screening shall be provided, in addition to the screen wall, in order to soften the effects of the wall and provide additional mitigation for noise and lighting impacts. A pick up window canopy structure shall be provided. Eaves, canopies, porte-cochere and other features shall be integrated into the design of the site and the building and shall utilize similar materials as the other structures on site.
Landscaping. To provide general screening and to shield vehicles and associated headlights in a drive-through lane from view of abutting street rights-of-way, a minimum 5-foot-wide planter shall include a minimum 3-foot-tall (maximum 4-foot-tall) landscape barrier planted with trees and other landscaping consistent with those in the parking area. Trimming and pruning of the landscape barrier shall be performed in a manner that maintains the shielding of vehicle headlights in the drive-through lane from adjacent street rights-of-way.
Hours of Operation. The operation of the drive-through, drive-up or drive-in of any facility located adjacent to a residential district or residential use allowed in the district may only be operational between the hours of 6:00 a.m. and 10:00 p.m. unless otherwise specifically established as a condition of approval. The approval of the required permit may further restrict the hours of operation for such facilities when adjacent to other uses or districts and where modified hours are necessary to mitigate potential adverse impacts related to noise, traffic or lighting.
Speakers. The speakers shall be located so as to protect adjoining residential areas from excessive noise and comply with the limits established in the General Plan.

Effective on: 1/1/1901

9.240.100 Towing Services

The following regulations shall apply to all towing service yards.

Outdoor storage of new or used tires is prohibited.
Vehicle storage may be permitted as incidental to the primary use and shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage).
No service or repairs shall be made to the vehicles, unless specifically approved otherwise and in compliance with the requirements of Section 9.240.080 (Vehicle Repairs and Service).

Effective on: 1/1/1901

9.240.110 Car Washes

Self-service car washes included with a gas station will be reviewed in conjunction with the gas station conditional use permit, but otherwise, car washes shall comply with the following criteria.

Such businesses shall be located at least 150 feet from any residential structure.
Wash bays and vacuum areas shall be screened from public view.
An attendant shall regularly monitor the facility during business hours to control noise, litter and other nuisances.
Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m., unless otherwise specifically established as a condition of approval. Water and electrical systems shall automatically shut off during non-business hours, except for security and fire protection.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.245.010 Purpose

The purpose of this chapter is to establish development standards for bed and breakfast uses to ensure that they are operated in such a manner as to protect the residential character of the neighborhood.

Effective on: 1/1/1901

9.245.020 Applicability

The requirements of this chapter apply to all bed and breakfast uses.

Effective on: 1/1/1901

9.245.030 Permit Required

All bed and breakfast establishments shall be subject to approval of the specified permit as designated in the Article 3 (Zones), Tables of Allowed Land Uses and Approval Requirements.

Effective on: 1/1/1901

9.245.040 Development and Operational Standards

The facility shall comply with all land use regulations and site development standards of the zoning district in which it is located.
The use shall be incidental to the primary use of the residential structure to ensure compatibility with adjacent residential uses.
The Owner/lessee shall reside in the primary residence and operate the business.
The exterior appearance of the structure shall have a single-family residential character.
Service of meals shall be for registered guests only.
There shall be no separate or additional kitchens for the guests.
No guest shall stay more than fourteen consecutive days in any thirty-day period.
All bed and breakfasts shall be subject to the City’s hotel/motel transient occupancy tax.
Bed and breakfasts shall meet all requirements of the City fire department and County health department.
The bed and breakfasts shall be developed on a site that has a minimum lot size of 40,000 square feet.
No receptions, private parties or similar activities for which a fee is paid shall be permitted.

Effective on: 1/1/1901

9.250.010 Purpose

The purpose of this chapter is to establish standards for businesses engaged in alcoholic beverage sales, consumption and manufacturing uses as defined in this Title and as may be otherwise defined in Article 6 of this Title in order to protect the health, safety and general welfare of the public. This chapter establishes reasonable and uniform standards to prevent the inappropriate location and/or operation of alcoholic beverage sales, consumption and manufacturing uses within the city.

Effective on: 1/1/1901

9.250.020 Applicability

The requirements of this chapter apply to all alcohol sales, service and manufacturing uses.

Effective on: 1/1/1901

9.250.030 Permit Required

A.
No person, association, partnership or corporation shall conduct, establish or advertise any alcoholic beverage sales or manufacturing use in the City of Menifee without first applying for and obtaining the required permit/approval in accordance with the applicable zoning regulations of Title 9, Article 3 (Zones), the Tables of Allowed Uses and Approval Requirements, and this Chapter 9.250.
B.
All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the California Department of Alcoholic Beverage Control.
C.
Grocery stores, drugstores, specialty markets and discount/department stores in excess of 20,000 square feet (“primary uses”) may offer the incidental sale of beer, wine, and distilled spirits as a permitted use.
D.
Restaurants (bona fide eating establishments), if properly licensed, are permitted to serve beer and wine as a matter of right, but are subject to obtaining a Conditional Use Permit to offer, sell or serve distilled spirits.
E.
Establishments with on-site alcohol beverage sales and consumption that are not bona fide eating establishments (i.e., comedy club, nightclub, dance club, bar, tasting rooms) shall be subject to the approval of a Conditional Use Permit.
F.
The following activities are exempt from the requirements of this chapter:
1. 1.
  Any special event for which a permit has been issued by the City, provided that the application information for the special event indicates that the sale and/or service of alcoholic beverages will occur and all applicable ABC licenses are obtained.
2. 2.
  Any social gathering within a private residence or business that is not required to be licensed for alcohol sales or services in accordance with the California Alcoholic Beverage Control Act.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.250.040 Findings of Public Convenience or Necessity

The Planning Commission shall make a finding of public convenience or necessity prior to the California Department of Alcoholic Beverage Control granting the license, when said retail liquor license would be located in a census tract of undue concentration of retail liquor licenses (more than 1 per 1,250 persons per census tract) or if the granting of the retail liquor license would cause a census tract to have an undue concentration. (Bus. & Prof. Code, § 23817.5) The Planning Commission must find that:

The proposed use is consistent with the General Plan and development code.
The proposed use is compatible with the nature, condition and character of adjacent land uses.
The proposed use would not have an adverse effect on adjacent land uses.
The proposed use would not result in an excessive number of similar establishments in close proximity.
The proposed use will be essential or desirable to the public convenience or welfare and will not impair the integrity and character of the zone district or be detrimental to the public health, safety, morals or welfare.
Notice of hearing shall be given to all owners of property within 1,000 feet of the subject facility, to any elementary school or secondary school district within whose boundaries the facility is located and to any public entity operating a public park or playground within 1,000 feet of the subject facility. The Community Development Director may require that additional notice be given, in a manner the Director deems necessary or desirable, to other persons or public entities.

Effective on: 1/1/1901

9.250.050 Alcoholic Beverage Sales

Liquor stores, convenience stores, service stations or other facilities (except grocery stores or drugstores) selling alcohol for off-site consumption shall not be located within 600 feet as measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution (K-12), day care center or public park. This requirement shall not apply when the alcohol-selling business and the religious or educational institution are both located within commercial or industrial zones.
There shall be only one facility exclusively selling alcohol for off-site consumption in a shopping center or strip mall, except with Planning Commission approval of a Conditional Use Permit.
A retail facility that has as its primary or principal use sales consisting of alcohol and/or liquor products for off-site consumption may not be located closer than 1,000 feet from a similar retail facility, except with Planning Commission approval of a Conditional Use Permit -.
The following additional development standards shall apply to the concurrent sale of motor vehicle fuels and beer and wine for off-premises consumption:
1. Only beer and wine may be sold.
2. The owner of each location and the management at each location shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. In addition, the owner and management shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. In addition, the owner and management shall provide adequate training for all employees at the location as to these matters.
3. No displays of alcoholic beverages shall be located within 5 feet of any building entrance or checkout counter.
4. No alcoholic beverage advertising shall be located on gasoline islands. No lighted advertising for alcoholic beverages shall be located on the exterior of buildings or within window areas.
5. Employees selling alcoholic beverages between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age.
6. Alcoholic beverages shall be sold from, or displayed in, the main, permanently affixed coolers only.
7. No sale of alcoholic beverages shall be made from a drive-through window.

Effective on: 1/1/1901

9.250.060 Alcoholic Beverage Manufacturing

Businesses manufacturing alcoholic beverages, which have a tasting room, but do not have a bona fide eating establishment (as defined by the California Department of Alcoholic Beverage Control) in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable state and local health and safety requirements and regulations.
Restaurants (bona fide eating establishments) with alcoholic beverage manufacturing on-site as an incidental use shall not be subject to the provisions of this section.
All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they are located.
The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a Temporary Use Permit for a special event, or services outside of regular hours.
On-site alcohol sales shall be limited to product manufactured on-site.
There shall be no admission fee, cover charge or minimum purchase required.
The retail area, including the tasting room, shall not exceed 25 percent of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur.
In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed 50 percent of the total allowable retail area unless approved by the Planning Commission. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements. Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: “No alcohol allowed past this point.”
All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building. The display of alcoholic beverages shall not be located outside of a building or within five feet of any public entrance to the building.
An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 9.215 (Parking and Loading Standards) of the Menifee Zoning Code. For the purposes of calculating parking, the brewing/distilling areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered restaurant.
There shall be no live entertainment, DJs or amplified sound on the alcoholic beverage manufacturer’s licensed premises at any time without issuance of a Conditional Use Permit or Temporary Use Permit.
The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion.
Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer’s licensed premises during the hours of darkness as set forth in Chapter 9.205 (Lighting Standards) of the Menifee Zoning Code.
A security plan in a form satisfactory to the Menifee Police Department shall be submitted to and approved by the Menifee Police Department. The security plan shall be formulated to deter loitering and unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer’s licensed premises.

Effective on: 1/1/1901

9.255.010 Purpose

The regulations contained in this chapter are to ensure the compatibility of home occupations and home-based businesses with the principal residential uses in order to protect the integrity and character of neighborhoods.

Effective on: 1/1/1901

9.255.020 Applicability

The following standards apply to all home occupations and home-based business uses.

Effective on: 1/1/1901

9.255.030 Business Registration and Approval Process

Permit Required. A home-based business or home occupation shall not commence operation prior to being approved under Chapter 9.55 (Home Occupation and Home-Based Business Permits) of this ordinance.
License Required. All businesses are required to register for a business license, pursuant to Chapter 5.01 (Business License and Registration Program) of the City of Menifee Municipal Code.

Effective on: 1/1/1901

9.255.040 Development Standards

Home occupations and Home-based businesses shall be subject to the following limitations and performance standards. All of the following standards are calculated and/or applied based on a single residence.

Number of Businesses.
1. There is a limit of two home occupations per residence.
2. There shall be not more than 1 home-based business on any property.
Employees.
1. Home occupations are limited to only resident employees on the site of a home occupation except for beauty shops and day care uses (large) which may have 1 non-resident employee on the property at any one time.
2. Home-based businesses may have not more than one non-resident employee on the site at any one time.
3. Where non-resident employees are anticipated, one additional parking space shall be provided.
Minimum Lot Size.
1. There is no minimum lot size for home occupations.
2. Home-based businesses require a minimum lot size of 1 acre.
Habitable Floor Area. The use of the dwelling for the home occupation or home-based business shall be clearly incidental and subordinate to its use for residential purposes, but in no case shall it exceed 25 percent of the total floor area on the property.
Off-site Effects. No mechanical equipment or operation shall be used which creates or makes dust, odor, vibration or other effects detectable at the property line. Noise shall comply with the City’s noise ordinance. No process shall be used which is hazardous to public health, safety, morals or welfare.
On-site Sales. No products shall be sold on the premises except the artist’s originals or products individually made to order on the premises.
On-site Production. Products that are not the artist's originals or individually made to order may be constructed on-site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.
Display. Products produced by occupants of the dwelling shall not be displayed so as to be visible in any manner from the outside of the dwelling unit.
Storage. There shall be no outdoor storage or display of business related materials, and storage shall not utilize a required parking space (e.g., within a required garage).
Hazardous Materials. No storage of hazardous materials is permitted beyond normal household use. Businesses that require hazardous chemicals (e.g., pest control, pool cleaning) are not permitted to store the chemicals on-site.
Signs. No signs other than one unlighted identification sign, not more than 2 square feet in area, shall be erected on the premises. No signs shall be placed within 10 feet of the right-of-way. Vehicle with commercial signage other than signage required by State law are not allowed in the front setback.
Traffic/Vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district, nor in any case require the parking of more than two additional vehicles at the home at any one time. No motor vehicle that is used or kept on the premises in conjunction with the home occupation shall exceed two axles or a length of 20 feet. Commercial vehicles are not allowed to be stored in the front yard setback, excluding driveways.
Visitors and Customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, and shall be limited to the hours of 8:00 a.m. to 7:00 p.m.
Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence and not more than one delivery of products or materials a week. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles except for FedEx, UPS, or USPS-type home pickups and deliveries.

Effective on: 1/1/1901

9.255.050 Limitations on Specific Home-Based Businesses

Massage. Certified massage practitioners are permitted if all the following criteria are met:
1. Only one client is on-site at a time and by appointment only.
2. The practitioner must submit proof of a certificate of training from a state-approved school (e.g., Department of Education, Office of Postsecondary Education).
3. The use will not be conducted in such a fashion as to constitute a public nuisance.
Mobile Food Vendor. Mobile food vendor vehicles cannot be parked at a private residence.
Taxicab, Limousine or Pedicab. Taxicab, limousine or pedicab services (not including ridesharing services) shall not be on-call and available for service. No vehicle shall be dispatched from the residence by radio, telephone or other means. Up to 1 vehicle used for such use may be parked at the residence when not in service. There shall be no fleet vehicle storage.

Effective on: 1/1/1901

9.255.060 Prohibited Home Occupations

The following businesses are prohibited to operate as a home occupation or home-based business within the city:

Adult entertainment businesses
Alcohol beverage manufacturing or sales business
Ambulance service
Ammunition reloading, including custom reloading
Boardinghouse, timeshare condominium
Ceramics (involving kiln of 6 cubic feet or more)
Firearms sales, except as allowed by State or Federal law.
Health salons, gyms, dance studios, aerobic exercise studios
Medical, dental, chiropractic or veterinary clinics
Mortician, hearse service
Noncertified massage practitioners
Palm-reading, fortune-telling
Private clubs
Repair or reconditioning of motor vehicles
Retail sales from site (except direct distribution of artist’s originals)
Storage, repair or reconditioning of major household appliances
Storage, repair or reconditioning of motorized vehicles or large equipment on-site
Tattoo and piercing service
Tow truck service

Effective on: 1/1/1901

9.260.010 Purpose

The purpose of this chapter is to establish regulations for outdoor sales, display and dining areas.

Effective on: 1/1/1901

9.260.020 Applicability

The requirements contained in this chapter shall apply to all outdoor sales, display and dining areas.

Effective on: 1/1/1901

9.260.030 Permit Required

The following permit requirements shall be applicable to all outdoor sales, display and dining areas:

Outdoor Sales and Display. Outdoor display of merchandise that is clearly incidental and subordinate to an existing business is allowed as an accessory use without a Temporary Use Permit as long as it meets the requirements for outdoor display in Section 9.260.040 (Development Standards).
Outdoor Dining.
1. An outdoor dining area may be added to an existing permitted facility as an accessory use where the Community Development Director finds that:
  1. The area is less than 200 square feet;
  2. All seating is within 4.5 feet of the building;
  3. There are no permanent exterior improvements;
  4. Alcohol is not served; and
  5. A minimum continuous pavement walkway and clear pedestrian path of not less than 5 feet is maintained.
2. Outdoor dining that does not meet the limitations of subsection B.1 above shall require an amendment to the previously approved permit issued for the primary use and shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). In the absence of a previously approved permit for the primary use, a Minor Plot Plan shall be required in accordance with Chapter 9.80 (Minor Plot Plan).

Effective on: 1/1/1901

9.260.040 Development Standards and Requirements for Outdoor Sales and Dining

A.
Outdoor Merchandise Display. Any outdoor display exhibited in conjunction with the business being conducted within the building may be permitted without a Temporary Use Permit, provided that the display complies with the following regulations:
1. 1.
  The items being displayed shall be of the same types that are lawfully displayed and sold inside the building on the premises, except alcohol.
2. 2.
  The aggregate display area shall not exceed 40 percent of the linear frontage of the storefront or 10 linear feet, whichever is greater.
3. 3.
  Items shall not project more than 4 feet from the storefront.
4. 4.
  No item, or any portion thereof, shall be displayed on public property; provided, however, that items may be displayed within the public right-of-way if an Encroachment Permit has first been procured from the City.
5. 5.
  Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business.
6. 6.
  No item shall be displayed in a manner that causes a safety hazard, obstructs the entrance to any building, interferes with or impedes the flow of pedestrian or vehicle traffic, is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.
7. 7.
  A minimum continuous pavement walkway and clear pedestrian path of not less than 5 feet wide is maintained.
8. 8.
  Single-tenant buildings that are 50,000 square feet or greater (e.g., big box retail stores), may be allowed outdoor merchandise display exceeding the limitations of the above Subsections 9.260.040.A.2, A.3 and A.5, subject to an amendment to the previously approved permit issued for the primary use and shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). In the absence of a previously approved permit for the primary use, a Minor Plot Plan shall be required in accordance with Chapter 9.80 (Minor Plot Plan).
B.
Outdoor Dining. The following development standards apply to all outdoor dining areas:
1. 1.
  A clear path of at least 5 feet wide, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public right-of-way and shall be maintained at all times.
2. 2.
  No outdoor dining area shall obstruct the entrance to any building, interfere with or impede the flow of pedestrian or vehicle traffic, or create any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.
3. 3.
  Outdoor dining area furniture, including but not limited to tables, chairs, and umbrellas, shall be of high quality and consistent with the theme of the primary establishment or overall premises.
4. 4.
  An outdoor dining area shall be used only for dining, drinking and circulation, and shall operate only in conjunction with and during the same hours as the adjacent eating and drinking establishment.
5. 5.
  The area within, and adjacent to, the outdoor dining area shall be clean and free of litter at all times.
6. 6.
  Trash or storage areas shall not be located on or adjacent to the public right-of-way.
7. 7.
  Outdoor dining shall be oriented away from adjacent residential uses except as approved by the approving authority.
8. 8.
  Parking shall be in compliance with the standards of Chapter 9.215 (Parking and Loading Standards) for the primary use and any outdoor dining area in excess of 200 square feet.

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

Effective on: 8/16/2025

9.270.010 Purpose

The purpose of this chapter is to implement the applicable state regulations in a manner that allows for the establishment of certain community care facilities while preserving the character of the zone in which the uses are located.

Effective on: 1/1/1901

9.270.020 Applicability

The development standards contained in this chapter shall apply to the following types of care facilities:

Effective on: 1/1/1901

9.270.030 Development Standards

All day-care centers, large group residential facilities, large residential care facilities, elderly residential care facilities and large congregate care facilities shall comply with the development standards for the zone in which they are located. In addition, the following standards shall apply:

Outdoor Area. An outdoor area not less than 75 square feet per child or person receiving services, but in no case less than 450 square feet in total area, shall be provided. Stationary equipment shall not be located in required street side or front setback areas.
Parking. All on-site parking shall comply with the provisions of Chapter 9.260 (Parking and Loading Standards). Separate entrance and exit points shall be provided to allow vehicles to enter the street in a forward motion where feasible. Adequate off-street parking for residents and employees and passenger loading spaces shall be provided where necessary to avoid on-street parking and passenger drop-off and pickup.
Compatibility. Where facilities are located in residential neighborhoods, the residential character of the neighborhood in which the use is located shall be maintained. To determine compatibility with the residential character of the neighborhood, the facility shall incorporate at least three of the following traits predominant in the neighborhood:
1. Wall covering materials.
2. Roofing material.
3. Roofing pitch.
4. Structural eaves.
5. Mass and scale of structure relative to structural height.
6. Window characteristics.
7. Decorative treatments.

Effective on: 1/1/1901

9.275.010 Purpose

The purpose of this chapter is to establish the regulations related to hookah and cannabis uses in the City of Menifee in order to protect the health, safety and general welfare of the public.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.275.020 Applicability

The requirements of this chapter apply to all hookah and marijuana uses.

Effective on: 1/1/1901

9.275.030 Hookah and Cannabis-Related Use Prohibitions

A.
Purpose and Findings.
1. 1.
  The City Council has found that prohibitions on marijuana cultivation and processing are necessary for the preservation and protection of the public health, safety and welfare for the city and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council under state law. On October 9, 2015, the governor signed the Medical Marijuana Regulation and Safety Act (MMRSA) into law. The MMRSA contains new statutory provisions that:
  1. a.
    Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana outdoors and their intent not to administer a conditional permit program pursuant to enact reasonable regulations to regulate the cultivation of cannabis within a single private residence or inside an accessory structure to a private residence that is fully enclosed and secure California Health and Safety Code Section 11362.777 for the cultivation of cannabis (California Health and Safety Code Section 11362.7772(b)(1-3)).
  2. b.
    Expressly provide that the MMRSA does not supersede or limit local authority of local law enforcement activity, enforcement of local ordinances or enforcement of local permit or licensing requirements regarding cannabis (California Business and Professions Code Section 1931526200(a)).
  3. c.
    Expressly provide that the MMRSA does not limit the authority or remedies of a local government under any provision of law regarding cannabis, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (California Business and Professions Code Section 1931626200(a)).
2. 2.
  The Adult Use of Marijuana Act (AUMA) was approved by the voters on November 8, 2016 and took effect the day after the election. The AUMA decriminalized for state law purposes specified personal use and cultivation of non-medical cannabis and established a state regulatory and licensing program for non-medical cannabis commercial cultivation, testing, distribution and manufacturing. Under the AUMA, the City retains the ability to prohibit indoor non-medical cannabis cultivation of more than six plants per residence, place reasonable restrictions on the indoor cultivation of six plants or fewer, prohibit outdoor cultivation, ban smoking/possession of cannabis on City owned or leased property, ban or regulate all entities in the stream of commerce (dispensaries, distributors, manufacturers, commercial cultivators, etc.) and establish additional taxes on recreational cannabis. (California Health and Safety Code Section 11362.2(b)(1-3)).
3. 3.
  The City Council found that the provisions of this chapter:
  (Ord. 2015-188, passed 1-20-2016; Am. Ord. 2017-230, passed 12-20-2017)
  1. a.
    Express its intent to prohibit the cultivation and processing of cannabis in the city, except as allowed by the AUMA.
  2. b.
    Exercise its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing or other entitlement of the activities prohibited by this chapter.
  3. c.
    Exercise its police power to enact and enforce regulations for the public benefit, safety and welfare of the city and its community.
B.
Prohibited Activities.
1. 1.
  Cannabis Dispensaries Prohibited. Cannabis dispensaries and medical cannabis dispensaries are prohibited in the City of Menifee pursuant to Chapter 5.50 of this code.
2. 2.
  Mobile Cannabis Dispensaries Prohibited. Mobile cannabis dispensaries are prohibited in the City of Menifee pursuant to Chapter 5.60 of this code.
3. 3.
  Cannabis Delivery Prohibited.
  1. a.
    No person shall deliver cannabis to any location within the city from a mobile cannabis dispensary, regardless of where the mobile cannabis dispensary is located, or engage in any operation for this purpose.
  2. b.
    No person shall deliver any cannabis-infused product such as tinctures, baked goods or other consumable products to any location within the city from a mobile cannabis dispensary, regardless of where the mobile cannabis dispensary is located, or engage in any operation for this purpose.
4. 4.
  Cannabis Cultivation and Processing. Cannabis cultivation and processing shall be prohibited activities in Menifee, except where the City is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit or any other entitlement, license or permit, whether administrative or discretionary, shall be approved or issued for the activities of cannabis cultivation and cannabis processing in the city, and no person shall otherwise establish or conduct such activities in the city, except where the City is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit or any other entitlement, license or permit is sought. All commercial cannabis activities, including, but not limited to, individual sales, cooperatives, dispensaries, cultivation and deliveries, are expressly prohibited in Menifee. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the city.
5. 5.
  Hookah Lounges and Cannabis Cafes. Hookah lounges and cannabis cafes are prohibited within the city.
C.
Personal Use. If an individual is 21 years of age or older, he or she may engage in the indoor cultivation of six or fewer cannabis plants, pursuant to California Health and Safety Code Sections 11362.1(a)(3) and 11362.2(a)(2), as may be amended from time to time. However, the cannabis plants may not be visible to the public and must be kept in a secure, locked space within the individual’s private residence when not in use. The indoor cultivation of more than six cannabis plants is prohibited. All outdoor cultivation is prohibited in the city.
D.
Public Nuisance Declared. Any violation of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies.
E.
Violations. Violations of this chapter may be enforced by any means available to the City.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.275.040 Medicinal Cannabis Delivery Service

The standards set forth below shall apply to medicinal cannabis delivery services for physical delivery logistics locations.

A.
Requirements. The following shall be submitted along with the required application.
1. a.
  Permit Required. A Medicinal Cannabis Delivery Service shall not commence operation prior to being approved under Chapter 9.40 (Conditional Use Permit).
2. b.
  License Required. All businesses are required to register for a business license, pursuant to Chapter 5.01 (Business License and Registration Program) of the City of Menifee Municipal Code.
3. c.
  Copies of the applicant’s current M-License from the California Department of Cannabis Control.
4. d.
  Odor Control Management Plan. All applications shall submit an adequate on-site odor control management plan such that all odors resulting from the storage or transport of cannabis and cannabis related products cannot be readily detected from outside of the structure or vehicle in which the business operates.
5. e.
  Safety and Security Plan.
6. f.
  Sensitive Uses Information. The names and addresses of all sensitive uses within 500 feet measured from the property lines of a proposed facility. For business condominiums, this measurement would be taken from the outer boundaries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:
  1. a.
    Residential zones or private residences
  2. b.
    Public or private schools
  3. c.
    Daycare Centers
  4. d.
    Churches
  5. e.
    Public parks
  6. f.
    Youth activity centers
  7. g.
    Any other medicinal cannabis delivery service business
B.
Development Standards.
1. a.
  Dimensions. The cumulative size of all structures associated with a delivery logistics center for Medicinal Cannabis Delivery Service shall not exceed 3,000 square feet of gross building area.
2. b.
  Signs.
  1. i.
    No cannabis or cannabis product may be visible from outside the Medicinal Cannabis Delivery Service fixed location or any delivery vehicles.
  2. ii.
    Signage shall be limited to one wall sign and meet the requirements of Menifee’s Development Code Chapter 9.220 Sign Regulations.
C.
Operation Standards
1. a.
  Hours of Operation. Medicinal Cannabis Delivery Services may only operate during hours authorized by their state license and the Department of Cannabis Control regulations.
2. b.
  Food products. Medicinal Cannabis Delivery Services shall comply with all state laws and regulations with respect to edible products.
3. c.
  Background Check. All owners, operators, partners, investors, employees, and agents must submit to a background check.
4. d.
  All business activities may only occur in a permitted, fully enclosed and secure structure.
5. e.
  Delivery shall be only to qualified Medicinal Cannabis patients or their primary caregivers who possess a valid identification card as described in California Health and Safety Code Section 11362.7.
6. f.
  All business operations must be conducted in conformance with the approved Medicinal Cannabis Delivery Service license and all approved plans included therewith.
7. g.
  Prohibited Activities.
  1. i.
    On-site sales and pick up orders. Medicinal Cannabis Delivery Services shall only conduct sales through delivery. On-site sales or order pick ups are prohibited.
  2. ii.
    Cannabis Paraphernalia Sales. Medicinal Cannabis Delivery Services shall not sell, deliver, or advertise for sale any products other than medicinal cannabis or medicinal cannabis products.
  3. iii.
    A Medicinal Cannabis Delivery Service shall not grow, cultivate, manufacture, or process cannabis.
8. h.
  Site Security.
  1. i.
    Security surveillance cameras and a video recording system must be installed to monitor all doors into and out of the buildings on the site, the parking lot, and all exterior sides of the property adjacent to the public right-of-way. The cameras and recording system must be of adequate quality, color rendition, and a minimum resolution of to allow for the identification of any individual present in the fixed locations of delivery-only medicinal cannabis operations.
  2. ii.
    A professionally and centrally monitored fire, sprinkler, robbery, and burglar alarm systems must be installed and maintained in good working condition at the premises.
D.
Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance and subject to abatement under the laws of Menifee’s Municipal Code and the state of California.
E.
Conflicting Provisions. If any other provisions of the Municipal Code conflict with the provisions of this chapter as it relates to the regulation of land use related to cannabis, this chapter shall be controlling.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.280.010 Purpose

The purpose of this chapter is to establish standards and requirements for recycling facilities.

Effective on: 1/1/1901

9.280.020 Applicability

The requirements contained in this chapter shall apply to the following types of recycling facility uses:

Effective on: 1/1/1901

9.280.030 Permit Required

Permit Required. All recycling facility uses shall be subject to approval of the specified permit as designated in the Article 3 (Zones), Tables of Allowed Land Uses and Approval Requirements.
Exceptions. Reverse vending machines contained within a commercial building and not greater than 50 square feet do not require review and permits under this chapter, provided they comply with all applicable development standards.

Effective on: 1/1/1901

9.280.040 Development and Performance Standards

The following development and performance standards shall apply to all recycling collection and processing facilities.

No Unattended Facilities. All outdoor recycling facilities shall be attended and administered by on-site personnel during the hours the facility is open.
Secured Site. The site shall be secured from unauthorized entry and from deposit or removal of materials when attendants are not present.
Screening. The facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by solid wood or vinyl fence or masonry wall at least 6 feet in height which is buffered by exterior landscaping.
Setbacks. Setbacks from property lines shall be those provided for the zoning district in which the facility is located. The facility shall be buffered by a landscape strip at least 10 feet wide along each property line.
Residential Setback. The facility shall be located at least 150 feet from property zoned or occupied for residential use.
Processing Facilities. Processing facilities shall only be permitted in fully enclosed buildings. There shall be no outdoor storage of equipment or materials of any kind. The facility shall be located at least 150 feet from property zoned for or occupied by a residential use.
Hours of Operation. If the facility is located within 150 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 9:00 a.m.
Containers. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition, or material may be baled or placed on pallets if completely screened from view.
1. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Department.
2. No storage, excluding truck trailers and seagoing cargo containers, shall be visible above the height of the fencing, screening or landscaping.
Site Maintenance. The site shall be maintained free of litter, dust, flies and any other undesirable materials, and cleaned of loose debris on a daily basis.
Containment. No material shall be left outside the recycling containers. The facility shall display a notice stating that no material shall be left outside the recycling containers. The containers shall be clearly marked to identify the type of material that may be deposited.
Signs. Sign criteria shall be those applicable to the zoning district in which the facility is located.
1. The container shall comply with the signage requirements of California Welfare and Institutions Code Section 151.
No Nuisance. The facility shall not create any dust, fumes, smoke, vibration or odor above an ambient level that is detectable on neighboring properties.
Noise. Noise levels shall not exceed 60 dBA (A-weighted decibels) as measured at the property line of an existing residence or zoning district allowing residential land uses and shall not exceed 70 dBA at any other property line.
Posted Information. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs shall meet the standards of the zone, and directional signs may be installed with the approval of the Community Development Department, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
Power Equipment. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for the efficient temporary storage and shipment of material, may be approved at the discretion of the approving authority if noise restrictions and other conditions are met.
Waste Oil. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.285.010 Purpose

The California Legislature has declared that there is a need to eliminate the distinction between mobilehome development and conventional forms of residential land use. The purpose of this chapter is to establish standards for the development of mobilehome parks, in accordance with Government Code Section 65852.7 and the Mobilehome Parks Act (Health and Safety Code Section 18200 et seq.).

Effective on: 1/1/1901

9.285.020 Applicability

The requirements contained in this chapter shall apply to all mobilehome parks.

Effective on: 1/1/1901

9.285.030 Permit Required

Mobilehome park uses shall be subject to approval of the specified permit as designated in the Article 3 (Zones), Tables of Allowed Land Uses and Approval Requirements.

Effective on: 1/1/1901

9.285.040 Development Standards

The following development standards shall apply to all mobilehome parks:

Minimum Site Area. The minimum site area that may be developed for a mobilehome park shall be 5 gross acres.
Mobilehome Park Access. Vehicular access to a mobilehome park shall be provided from a collector/rural collector street or larger.
Mobilehome Lot Access. Vehicular access to all mobilehome lots shall be from internal mobile home park streets.
Minimum Road Widths. Minimum road widths shall be as determined by the City Engineer.
Minimum Mobilehome Space. The minimum size of each space shall be 2,500 square feet. Each space shall have a minimum width of 30 feet.
Recreation. On-site recreation shall be provided at a ratio of not less than 150 square feet per dwelling unit.
Perimeter Setbacks. All mobilehome subdivisions and mobilehome parks shall provide a setback along all adjoining boundary streets equal to the minimum setbacks of the applicable zone, but in no case less than 20 feet along an adjoining street nor less than 15 foot to side and rear setback along all non-street boundaries of the development.
Perimeter Walls. A 6-foot masonry wall shall be erected along all perimeter property lines, except that the wall shall be erected not less than 10 feet from the property line along the street side of the parcel, or the required front yard setback line of the applicable zone district, whichever is greater.
Landscaping. The area between the mobilehome park site perimeter wall and the street shall be planted in ground cover, trees and shrubs. Trees or shrubs shall be planted within a 10-foot strip adjacent to the inside of all boundary walls unless an interior street adjoins a perimeter wall. All trees and shrubs planted shall be of a variety that will grow to a height of not less than 15 feet and shall be planted at intervals so that at maturity the trees or shrubs will provide solid screening of mobilehome park or mobilehome subdivision. All planting shall be maintained in a growing condition. In mobilehome subdivisions, approved provisions shall be required for the continued maintenance of the landscaped common area surrounding the development by a community association composed of the owners of the individual lots or other legal entity providing for participation by the individual lot owners in the responsibility and cost thereof. The association shall have the right to place a lien upon the individual lots for all necessary costs and expenses of maintaining the area.
Opaque Skirt. The area between the ground level and floor level and the unit shall be screened by an opaque skirt.
Auto Storage. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.
Signs. Signs shall be permitted in accordance with the standards of Chapter 9.220 (Sign Regulations) for a multi-family complex.
Modified Standards. The improvement and setback requirements contained in this section may be modified or eliminated when the approving authority finds that due to topographical conditions or property ownership patterns these requirements are impractical and will not serve to protect the present or future welfare of the public.

Effective on: 1/1/1901

9.290.010 Purpose

The purpose of this chapter is to establish regulations and procedures for wireless communication facilities. It is the City’s intent in establishing these regulations to allow for the development of wireless communication facilities where needed in accordance with the federal Telecommunications Act of 1996, as amended, while maintaining development standards and permitting requirements consistent with state law. The goals of this chapter are to:

Enhance the ability of wireless communication service providers to effectively and efficiently provide new wireless communication services in the City of Menifee.
Encourage the design and placement of wireless communication facilities in a way that minimizes their impact to the visual character, health, economic vitality and biological resources of the city.
Encourage and maximize the use of existing and approved wireless communication facilities, buildings and other structures while taking into account the use of concealment technology in order to reduce the number of facilities needed to serve businesses and residents in Menifee.
Ensure continuous maintenance of new and existing wireless communication facilities.
Ensure the timely removal of any unused or outdated wireless communication facilities.

Effective on: 1/1/1901

9.290.020 Applicability

The provisions of this chapter shall apply to all wireless communication facility uses as defined in this Title.
The provisions of this chapter shall not apply to:
1. Any tower or antenna that is owned and operated by a federally licensed amateur radio station operator and is less than 70 feet in total height.
2. Any tower or antenna used for commercial radio or television purposes.
3. Any satellite dish or antenna for private use.
4. Where the tower or antenna is installed and maintained as provided in an approved specific plan.

Effective on: 1/1/1901

9.290.030 Permit Requirements

A.
Minor Conditional Use Permit Required. The following wireless facilities shall require approval of a Minor Conditional Use Permit pursuant to Chapter 9.40 (Conditional Use Permit).
1. 1.
  The placement of wireless communication facilities in any permitted zone as indicated on the allowed use tables of Article 3 (Zones), except as specified in Subsection 9.290.030.B and C.
2. 2.
  The placement of small cell attachments on public and private poles in the public right-of-way.
B.
Minor Plot Plan Required. The placement of co-located wireless communication facilities meeting the following requirements shall require the approval of a Minor Plot Plan pursuant to Chapter 9.80 (Plot Plan) provided the facility:
1. 1.
  Was approved subject to an environmental impact report, negative declaration or mitigated negative declaration.
2. 2.
  Otherwise complies with the requirements of Government Code Section 65850.6(b) for the co-location of wireless telecommunication facilities.
3. 3.
  Such co-location does not increase the height or change the location of the existing wireless telecommunication facility or otherwise change the bulk, size or other physical attributes of the existing permitted wireless telecommunication facility.
C.
Major Conditional Use Permit Required. A Major Conditional Use Permit shall be required for any new stand-alone wireless facility that is not co-located or is not incorporated into an existing building.
D.
Exemptions. The following project activities are exempt from the permit requirements of this chapter. Additional permits and approvals may be required, including building permits.
1. 1.
  Removal of wireless communication facilities.
2. 2.
  Change of antennas on any existing wireless communication facility which does not result in increased visibility of the structure.
E.
Compliance with Other Regulations and Approvals. All wireless communication facilities shall comply with applicable Federal Communications Commission (FCC) rules, regulations and standards and shall comply with the Uniform Building Code, National Electric Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform Fire Code, where applicable.
F.
Authority to Employ Technical Expert. The Community Development Director is explicitly authorized at his or her discretion to employ an independent technical expert to review any submitted supplemental or technical materials or provide technical knowledge to the City. The technical expert shall be agreeable to both the City and the service provider. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. To the extent allowed by law, any proprietary information that is disclosed to the city or any expert hired shall be located in a separate private file, shall remain confidential, and shall not be disclosed to any third party.
G.
Modifications. The approval authority is explicitly authorized and provided the discretion to allow for modifications or variations from the development standards listed in 9.290.060 through 9.290.070, if the approval authority finds:
1. 1.
  That such modification(s) or variation(s) will not result in any adverse incompatibility, noise, visual, or public safety impacts to surrounding properties given the project design and the location of the proposed facility; and
2. 2.
  That the overall intent and purpose of Chapter 9.290 is maintained and preserved.
3. 3.
  For an eligible facilities request, the applicant must specify in writing whether the applicant believes the application is for an eligible facilities request subject to the Spectrum Act, and if so, provide a detailed written explanation as to why the applicant believes that the application qualifies as an eligible facilities request.
H.
Permit Review (“Shot Clock”) Time Periods
1. 1.
  The timeframe for review of an application shall begin to run when the application is submitted but shall be tolled if the City finds the application incomplete and provides notice of incompleteness that delineates the missing information in writing. Such requests shall be made within 30 days of submission of the application. After submission of additional information, the City, will notify the applicant within 10 days of this submission if the additional information failed to complete the application.
2. 2.
  For applications involving an “Eligible Facilities Request” as defined in Chapter 9.305, the City will act on the application within 60 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.
3. 3.
  For applications involving modifications to existing facilities that cannot be classified as an “Eligible Facilities Request”, the City will act on the application within 90 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.
4. 4.
  For applications involving new fixed wireless telecommunication facility sites or neutral host sites (e.g. Distributed Antenna Systems, Small Cell Networks), the City will act on the application within 150 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.290.040 Effect of Location on Public Property

Whether located on public or private property, wireless communication facilities cannot be constructed unless a permit has first been obtained in accordance with this Title.

Effective on: 1/1/1901

9.290.050 Effect of Encroachment Permit Issuance

An encroachment permit does not, under any circumstances, authorize the construction of wireless communication facilities without obtaining the permits and approvals required by this Title.

Effective on: 1/1/1901

9.290.060 Development Standards – General

All wireless communication facilities shall comply with the following development standards:

Siting.
1. All wireless communication facilities shall be located to maintain applicable easements or similar restrictions on the subject property.
2. Wireless communication facilities shall meet the setbacks of the underlying zone. All setbacks shall be measured from the base of the tower or structure to the applicable property line or structure. Where possible, facilities shall not be situated between the primary building on the parcel and any public or private street adjoining the parcel so as to create a negative visual impact.
3. In residential zones, wireless communication facilities are prohibited on properties containing residences but may be permitted on properties containing churches or other non-residential uses in residential zones only when concealed or disguised and with written consent of the Community Development Director based upon aesthetics, architectural integration, pole height and similar factors as set out herein.
4. Wireless communication facilities must be located so as to avoid precluding the future development of the surrounding property and area.
Height Limitations.
1. The height of the antenna structure shall be no greater than the minimum necessary to provide the required coverage and shall not exceed an overall height of 70 feet as measured pursuant 9.60.040 Building Height Measurements and Exceptions.
2. No new antenna structure that exceeds 15 feet in height shall be installed on an exposed prominent ridgeline greater than 1,350 feet above mean sea level, unless it blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible, or unless it is co-located or disguised on an existing structure.
3. Wireless communication support facilities in areas of high visibility shall be sited below the ridgeline or designed, where possible, to minimize their profile (i.e., placed underground, depressed or located behind berms).
4. A freestanding above ground wireless communication support facility shall be no taller than 15 feet in height.
Stealth, Concealment, Screening, Materials and Design.
1. Antennas shall be constructed of metal or another nonflammable material, unless specifically approved by the City to be otherwise.
2. All buildings, poles, towers, antenna supports, antennas and other components of each wireless communication site shall comprise materials that are of the same color or treated with colors to conceal the equipment, as well as with anti-graffiti paint or coating and vines/plants.
3. Wireless communication support facilities in the public right-of-way shall be constructed of nonreflective materials (visible exterior surfaces only).
4. Freestanding equipment enclosures shall be constructed to look like adjacent structures or facilities typically found in the area and shall adhere to any applicable design guidelines where appropriate. Where there are no structures in the immediate vicinity, equipment closures shall blend with existing naturally occurring elements of the viewing background and shall be screened from view. Screening may include a block wall, wrought iron fence or other effective mechanism, as determined by the Community Development Director.
Vegetation and Landscape Screening, Protection and Maintenance. All equipment enclosures shall be installed in such a manner so as to maintain and enhance existing native and/or landscaped vegetation to screen the facility. The level of screening shall be consistent with the type of facility proposed, its zone and its location. In addition, a landscape screening and maintenance plan or schedule shall be submitted and must contain the items noted below. Notwithstanding, the Community Development Director may consider non-vegetative screening where appropriate and effective. The landscape screening and maintenance plan shall:
1. Comply with the City’s adopted Title 15.04 (Landscape Water Use Efficiency Requirements) and Chapter 9.195 (Landscaping Standards).
2. Indicate all existing vegetation to be maintained and landscaping that is to be installed on the site to control erosion and screen the facility from adjacent land uses and public vistas and to restore vegetation removed or damaged during construction.
3. Provide for the protection of existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/wireless communication line routes from damage to the extent possible, both during the construction period and thereafter.
4. Provide for the repair and replacement of dead or damaged vegetation, watering (as necessary), disease and insect control, pruning and so forth. The provisions of the lease may set out the lessee’s or lessor’s responsibility for such maintenance. In addition, the property owner shall agree to perform such maintenance to the extent the wireless communication service provider does not do so. The property owner shall consent to the City’s entry onto the property to inspect and, as necessary, restore or remove vegetation and to place a lien on the property or on the secured property tax roll for the costs thereof.
Maintenance and Debris Removal. In addition to the provisions for ongoing vegetation and landscape maintenance, the provisions of the lease shall set out the lessee's responsibility for the maintenance of support facilities (i.e., cleaning, painting and specifically the removal of graffiti immediately) as well as the removal of trash and debris from the site. The property owner shall agree to perform such maintenance to the extent the wireless communication service provider does not do so. The property owner shall consent in writing to the City's entry onto the property to inspect and, as necessary, remove debris and graffiti as well as to repair or fence any support facilities which constitute a safety hazard and specifically consent to the City's ability to place a lien on the property or on the secured property tax roll for the repayment of such costs, plus interest, without any further notice thereof.
Lighting. Except as required by State or Federal law, all wireless communication facilities shall be unlit except for a manually operated or motion-detector controlled light above the equipment shed door, which shall be kept off except when personnel are present at night. This requirement is not intended to address interior structure lighting. Any lighting system installed shall also be shielded to the greatest extent possible so as to minimize the negative impact of such lighting on adjacent properties and so as not to create a nuisance for surrounding property owners or a wildlife attractant.
Parking. All wireless communication facilities shall be served by the minimum roads and parking areas necessary to accommodate service vehicles. Existing roads shall be used for access, whenever possible, and be upgraded to the minimum amount necessary to meet standards specified by the Fire Marshal and the Director of Public Works. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent wireless communication facilities and/or other permitted uses. Existing off-site parking areas shall be used whenever possible.
Signage. All freestanding wireless communication sites shall provide unlighted identification signage of not more than 3 square feet in size. The sign shall indicate the name of the company operating the facility and shall provide a phone number to be called in an emergency. Wireless communications facilities and antennas shall not contain or add advertising or signs.
Security. The wireless communications service and property owner shall:
1. Maintain a security program when determined to be necessary by, and subject to the review and approval of, the Menifee Police Department that will prevent unauthorized access and vandalism.
2. Ensure sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce the potential for trespass and injury.

Table 9.290.060-1 ^{(1) (2)}
Type of Facility	All Agricultural, Rural, and Residential Zones	All Commercial, Industrial, and EDC Zones	Open Space and Conservation Zones	Public/Quasi-Public Facilities Zones
Facility mounted on the roof or on/in building or existing structure	Not allowed on properties containing a residential use. Allowed for churches or other non-residential uses when concealed or disguised and with the written consent of the Community Development Director based upon aesthetics, architectural integration, pole height and similar factors as set out herein.	Yes - when concealed or disguised	Not permitted	Yes - when concealed or disguised
Antennas mounted on public facilities (e.g. water tanks, pump stations, or utility poles).	Yes - Same as above	Yes - when concealed or disguised	Not permitted	Yes - when concealed or disguised
Stand alone facilities	Yes - Same as above	Yes - when concealed or disguised	Not permitted	Yes - when concealed or disguised
Colocation ⁽³⁾	Shall be treated in the same manner as original location	Same as original location	Not permitted	Same as original location
For wireless facilities within specific plans, the facilities shall be allowed as indicated in the comparable zoning/land use noted above, unless the specific plan document contains requirements that are more stringent. In the event the City must site a facility where otherwise not allowed in order to provide for coverage or co-location, such siting will require a major conditional use permit. Colocations on existing mono-poles are allowed; however, upgrades to the enclosures, landscaping, or other features shall be required to the extent feasible consistent with the development standards contained in this chapter.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.290.070 Development Standards – Small Cell Attachments within the Public Right-of-Way

All small cell attachments on structures or poles in the public right-of-way shall comply with Municipal Code Chapter 14.01 for Small Cell Attachments within the Public Right-of-way.

Effective on: 1/1/1901

9.290.080 Abandoned Sites

Any wireless communication facility that is not continuously operated for a period of 90 consecutive days (3 months) shall be conclusively deemed abandoned except when such non-operation is the result of natural disaster, in which case the period of time shall be 180 days (6 months). The wireless communication service provider shall give written notice to the City at such time as use of the facility ceases.
The wireless communication service provider shall have 60 days after a notice of abandonment is mailed by the City to make the facility operable, replace the facility with an operable facility or completely remove the facility and all supporting facilities and restore the site.
The owner of the property in a safe manner shall remove the facilities and thereafter cause the site to be restored to its original condition (wear and tear excepted) within 180 days of the removal of the facilities. Alternatively, the wireless communication service provider shall provide a letter of credit or cash deposit acceptable to the City which guarantees removal of all such equipment and restoration of the property. Bonds are not considered acceptable security. Any cash deposit shall be held in trust by the City for the express purpose of using the funds for removal of the equipment/facility.
If the owner does not remove the facilities within 60 days of a notice of abandonment, the City may remove or cause to be removed the wireless communication facility at the underlying property owner's expense and place a lien on the property for the cost of such removal as set out in the written consent provided by the property owner.
If there are two or more users of a single facility, the facility shall not be deemed abandoned until all users abandon it.

Effective on: 1/1/1901

9.295.010 Purpose

The purpose of this chapter is to establish development and/or operational standards for special housing types allowed in the City of Menifee. The purpose and intent of the allowance for such special housing types is also established.

Effective on: 1/1/1901

9.295.020 Accessory Dwelling Unit and Junior Accessory Dwelling Units

A.
Purpose. The purpose of this section is to establish development standards for accessory dwelling units and to ensure the accessory dwelling unit is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Government Code Section 65852.2.
B.
Applicability. The standards contained in this section shall apply to all accessory dwelling units and junior accessory dwelling units.
C.
Permit Requirements.
1. 1.
  Building Permit Required. Accessory dwelling units and junior accessory dwelling units shall be approved ministerially through building plan check review and the issuance of a building permit and any other non-discretionary permit (e.g., grading permit) that may be required as applicable. Building plan check is not required for use of “City approved Permit Ready Accessory Dwelling Unit Plans”; however, preparation and submission of a site plan for review is required to determine compliance with Planning, Building, Engineering and Fire Code requirements as applicable to the property in which the accessory dwelling unit is proposed. If applicable, a grading plan may also be required as determined by the Public Works Director.
2. 2.
  An application for a permit pursuant to this section shall, notwithstanding Sections 65901 or 65906 of the Government Code or City code requirements for the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The City shall either approve or deny the application to create or serve an accessory dwelling unit or junior accessory dwelling unit within 60 days from the date of receiving a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the City may delay approving or denying the permit application for the accessory dwelling unit or junior accessory dwelling unit until the City approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
3. 3.
  If the City denies an application for an accessory dwelling unit or junior accessory dwelling unit within 60 days of the date of receiving a completed application, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
4. 4.
  An application for a permit to create an accessory dwelling unit or junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit.
5. 5.
  Demolition Permit. The review and issuance of a demolition permit for a detached garage that is replaced by an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
6. 6.
  Development Impact Fees. Development impact fees shall not be required for an accessory dwelling unit less than 750 square feet in size. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionally in relation to the square footage of the primary dwelling unit.
7. 7.
  Residential Subdivisions with Multiple Accessory Dwelling Units. Multiple accessory dwelling units proposed in conjunction with single-family dwellings on multiple lots as part of a residential subdivision shall be subject to the Minor Plot Plan Review provisions of Chapter 9.80.
D.
Density and Consistency.
1. 1.
  Accessory dwelling units are not considered for the purposes of evaluating the density requirements established in the General Plan.
2. 2.
  Accessory dwelling units are a residential use that is consistent with the existing General Plan designation and zoning for the lot.
3. 3.
  Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.
E.
Development and Operational Standards.
1. 1.
  Accessory Dwelling Units within an Existing Permitted Structure. Accessory dwelling units located within an existing permitted structure shall comply with all the following standards:
  1. a.
    The lot is zoned to allow single-family or multifamily dwelling residential use and contains no more than one existing or proposed dwelling.
  2. b.
    No other accessory dwelling unit exists or is proposed on the same parcel, except a junior accessory dwelling unit.
  3. c.
    The accessory dwelling unit may be rented. An accessory dwelling unit may also be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
    i.
    The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
    ii.
    There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
    iii.
    The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
    1.
    The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
    2.
    A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
    3.
    A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.
    4.
    Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
    5.
    If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
    i.
    Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
    ii.
    Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
    iii.
    Procedures for dispute resolution among the parties before resorting to legal action.
    6.
    A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
    7.
    Notwithstanding Government Code Section 65852.2(f)(2)(A), if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility.
    iv.
    For purposes of this section, the following definitions apply:
    1.
    “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
    2.
    “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
  4. d.
    The accessory dwelling unit shall not be rented for less than a 30-day period.
  5. e.
    The accessory dwelling unit complies with all Building and Safety Code requirements.
  6. f.
    The side and rear yard setbacks are sufficient for meeting fire safety requirements.
  7. g.
    Exterior access to the accessory dwelling unit, independent from the primary dwelling unit, is provided.
  8. h.
    If a garage, carport or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement spaces for the primary dwelling shall not be required.
  9. i.
    The accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling. Installation of fire sprinklers in the primary dwelling shall not be required due to the construction of an accessory dwelling unit.
  10. j.
    If a private sewage disposal system is used, the applicant has obtained approval from all appropriate agencies.
  11. k.
    Installation of a new or separate utility connection or the collection of a related connection fee or capacity charge is not required.
2. 2.
  Accessory Dwelling Units (Attached and Detached). Accessory dwelling units not located within an existing permitted structure (i.e., new attached and detached structures) shall comply with all the following standards:
  1. a.
    The lot is zoned to allow single-family or multifamily dwelling residential use and contains no more than one existing or proposed dwelling.
  2. b.
    No other accessory dwelling unit exists or is proposed on the same parcel, except a Junior Accessory Dwelling Unit.
  3. c.
    The accessory dwelling unit may be rented. An accessory dwelling unit may also be sold or conveyed separately from the primary residence to a qualified buyer if it meets all of the provisions of Section 9.295.020.E.1.
  4. d.
    The accessory dwelling unit shall not be rented for less than a 30-day period.
  5. e.
    The accessory dwelling unit complies with all Building and Safety Code requirements.
  6. f.
    The maximum total floor area for an attached or detached accessory dwelling unit is 1,500 square feet.
  7. g.
    Accessory dwelling units shall comply with the development standards of the zone in which the property is located, except:
    i.
    Setbacks.
    
    1. Front Setback. The front setback shall be the same as the underlying zoning of the property in which the accessory dwelling unit is proposed, except that application of the front yard setback standard shall not preclude the construction of an accessory dwelling unit, of at least 800 square feet in size with four-foot side and rear yards. The front setback standard may be reduced to the extent necessary to accommodate the accessory dwelling unit.
    
    2. Side and Rear Setback. A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. The above setback requirements shall not apply where an existing permitted accessory structure or structure is converted to an accessory dwelling unit or where the accessory dwelling unit replaces an existing structure provided that the accessory dwelling unit is constructed in the same location and to the same dimensions as the existing structure and that the structure meets fire safety requirements.
    
    The above setback requirements shall not apply where an existing permitted accessory structure or structure is converted to an accessory dwelling unit or where the accessory dwelling unit replaces an existing structure provided that the accessory dwelling unit is constructed in the same location and to the same dimensions as the existing structure and that the structure meets fire safety requirements.
    ii.
    Height.
    
    1. A maximum height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single Family or multifamily dwelling unit.
    
    2. A maximum height of 20 feet for a detached accessory dwelling unit on a lot with an existing or proposed single Family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 211155 of the Public Resources Code.
    
    A maximum height of 25 feet or the height limitation of the zone applicable to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to the primary dwelling.
  8. h.
    Accessory dwelling units shall be located to the rear or side of the primary dwelling, but shall not preclude the construction of an accessory dwelling unit, of at least 800 square feet in size with four-foot side and rear yards.
  9. i.
    Parking shall be provided as follows:
    i.
    One off-street parking space shall be required for the accessory dwelling unit. The space may be uncovered and shall be permitted in setback areas or as tandem parking, unless the location is not feasible based upon specific site or regional topographical or fire and life safety conditions.
    ii.
    Parking for the accessory dwelling unit shall not be required if any of the following conditions are met:
    1.
    The accessory dwelling unit is located within one-half mile walking distance of public transit.
    2.
    The accessory dwelling unit is located within an architecturally and historically significant historic district.
    3.
    The accessory dwelling unit is part of the proposed or existing permitted primary residence or an accessory structure.
    4.
    When on-street parking permits are required but not offered to the occupant(s) of the accessory dwelling unit.
    5.
    When there is a Car-share Vehicle located within one block of the accessory dwelling unit.
    6.
    When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit satisfies all other criteria required in this chapter.
    iii.
    If a garage, carport, or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement spaces are not required.
  10. j.
    Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. Metal and aluminum sided and roofed materials shall only be used as decorative accent finishes and not be used as the primary structural material of the building. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three of the following traits in common with the primary dwelling on-site:
    i.
    Wall covering materials.
    ii.
    Roofing material.
    iii.
    Roofing pitch.
    iv.
    Structural eaves.
    v.
    Mass and scale of structure relative to structural height.
    vi.
    Window characteristics.
    vii.
    Decorative treatments.
  11. k.
    Outside stairways serving an accessory dwelling unit located on a second story shall not be constructed on any building elevation facing a public street, not including alleys.
  12. l.
    Any accessory dwelling unit located more than 150 feet from a public right-of-way shall provide access for emergency vehicles as required by the Fire Marsha
  13. m.
    Prior to issuance of a building permit, the applicant shall grant to the City an irrevocable offer of dedication for any additional right-of-way required to be consistent with the General Plan Circulation Element, or provide for access to the project site, or ensure that previous dedications were properly provided with underlying subdivisions and lot splits (prior to Subdivision Map Act requirements).
  14. n.
    Prior to issuance of a building permit, public improvements may be required where public health, safety or welfare conditions warrant additional improvements.
  15. o.
    Prior to issuance of a building permit, the applicant shall submit to the City Building and Safety Department written certification from the affected water and sewer district(s) that adequate water and sewer facilities are or will be available to serve the proposed accessory dwelling unit. For accessory dwelling units using onsite septic facilities, the City requires a percolation test completed within the last five years, or if the percolation test has been recertified, in the last 10 years. Written certification of acceptability, including all supportive information, shall be submitted to the City Building and Safety Department with any application for a building permit for an accessory dwelling unit.
  16. p.
    Accessory dwelling units shall not be permitted in those areas of the city which have significant problems with regard to water availability or quality, sewage disposal or other public health or safety concerns. Prohibited areas shall include, but not be limited to, those areas where a development moratorium has been imposed, including a moratorium for water or sewer, whether imposed by the City or another public agency with the authority to impose such a development moratorium.
  17. q.
    A new or separate utility connection directly between the accessory dwelling unit and the utility may be required, unless exempt pursuant to Government Code section 65852.2(f)(4). The connection may be subject to a connection fee or a capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either the size of the accessory dwelling unit or the number of its plumbing fixtures.
  18. r.
    The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing single-family or multifamily dwelling.
3. 3.
  Multifamily Accessory Dwelling Units and Accessory Dwelling Units combined with a Junior Accessory Dwelling Unit. Notwithstanding the above, any of the following within a residential or mixed-use zone is allowed subject to ministerial approval of building permit:
  1. a.
    One accessory dwelling unit and one Junior Accessory Dwelling Unit per lot with a proposed or existing single-family dwelling if all of the following apply:
    i.
    The accessory dwelling unit or Junior Accessory Dwelling Unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
    ii.
    The space has exterior access from the proposed or existing single-family dwelling.
    iii.
    The side and rear setbacks are sufficient for fire and safety.
    iv.
    The Junior Accessory Dwelling Unit complies with the requirements of Section 9.295.020.E.4.
  2. b.
    One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a Junior Accessory Dwelling Unit described above, subject to the following conditions on the accessory dwelling unit:
    i.
    A total floor area limitation of not more than 800 square feet.
    ii.
    A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
  3. c.
    Multiple Accessory Dwelling units within portions of existing multifamily structures.
    i.
    Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
    ii.
    At least one accessory dwelling unit within an existing multifamily dwelling, but no more than 25 percent of the existing multifamily dwelling units.
  4. d.
    Multifamily with detached accessory dwelling units.
    i.
    ADUs on multifamily dwellings are subject to the applicable height limitation of this chapter, and rear yard and side setbacks of no more than four feet.
    ii.
    No more than eight new detached accessory dwelling units shall be permitted on a lot that has an existing multi-family dwelling. The number of ADUs shall not exceed the number of existing units on the lot.
    iii.
    No more than two new detached accessory dwelling units on a lot with a proposed multifamily dwelling.
    iv.
    If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this chapter.
4. 4.
  Development and Operational Standards for Junior Accessory Dwelling Units (JADU).
  1. a.
    No more than one JADU is permitted per residential lot zoned for single-family residences, with a single-family residence built, or proposed to be built on the lot.
  2. b.
    JADUs must be constructed entirely within the walled interior area of an existing or proposed primary dwelling. Enclosed uses within the residence, such as an attached garage, are considered part of the proposed or existing single-family residence.
  3. c.
    The JADU shall not be rented for less than a 30-day period.
  4. d.
    The JADU complies with all Building and Safety Code requirements.
  5. e.
    The JADU shall have its own separate entrance from the main entrance of the proposed or existing single-family residence.
  6. f.
    The JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
  7. g.
    The JADU shall not exceed 500 square feet.
  8. h.
    The JADU must include an efficiency kitchen, which shall include the following:
    i.
    A cooking facility with appliances; and
    ii.
    A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
  9. i.
    No additional parking shall be required for a JADU.
  10. j.
    The owner of single-family property on which the JADU is proposed, must execute a covenant and agreement in a form acceptable to the City, stating that either the remaining portion of the primary dwelling or the newly created JADU will be occupied by the property owner. Owner occupancy is not required if the owner is another governmental agency, land trust, or housing organization.
  11. k.
    The owner must record a deed restriction, which shall run with the land, which shall include the following:
    i.
    A prohibition on the sale of the JADU separately from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
    ii.
    A restriction on the size and attributes of the JADU as outlined in these provisions.
  12. l.
    For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit.
  13. m.
    For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

Certificate of Occupancy. No certificate of occupancy for an accessory dwelling unit shall be issued before the issuance of a certificate of occupancy for the primary dwelling.

(2024-384, 02/07/2024; 2025-417, 07/16/2025)

Effective on: 8/16/2025

9.295.025 Emergency Shelter

A.
Purpose and Intent. The purpose of this section is to permit Emergency Shelters and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.
B.
Applicability. Emergency shelters shall be permitted in the HI and HDR zones without a conditional use permit or other discretionary action. For the purposes of this Section, “Emergency Shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
C.
Development Standards. Emergency Shelters shall comply with the standards of the underlying zoning of the property in which the Emergency Shelter is proposed, the City’s Multifamily Objective Design Standards as applicable, and all local, state, and federal requirements. In addition, Emergency Shelters shall comply with the following:
1. 1.
  The maximum number of clients permitted to be served (eating, showering, and/or sleeping) nightly shall not exceed one per one hundred twenty-five (125) square feet of floor area;
2. 2.
  Sufficient parking shall be provided to accommodate all staff working in the emergency shelter, provided that the required parking for the emergency shelter is no more than other residential or commercial uses within the same zone.
3. 3.
  The interior onsite waiting and client intake area for a facility shall include a minimum of ten (10) square feet per bed;
4. 4.
  An exterior onsite waiting and client intake area shall be located a minimum of 50 feet from any public right-of-way, and a minimum of 50 feet from an adjacent property, and shall be screened from public view by a minimum 6-foot-high screen wall and landscaping;
5. 5.
  No portion of any Emergency Shelter shall be located within three hundred (300) feet of another Emergency Shelter;
6. 6.
  Lighting shall be provided in all parking, exterior (outside) intake and/or waiting areas, outside common areas and along the periphery of the building and facility. Such lighting shall be in conformance with Chapter 9.205 Lighting Standards of this Code.
7. 7.
  Provide on-site facilities management personnel during all hours that the emergency shelter is in operation.
8. 8.
  Provide security during all hours that the emergency shelter is in operation.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.295.030 Guest Living Quarters

A.
Purpose. The purpose of this section is to establish development standards for guest living quarters and to ensure that the guest living quarters are operated in such a manner as to protect the residential character of the neighborhood and to function as an ancillary use to the primary dwelling on-site.
B.
Applicability. The standards contained in this section shall apply to all guest living quarters.
C.
Development Standards.
1. 1.
  A guest living quarter shall only be permitted where a primary single-family detached dwelling has been established.
2. 2.
  Only one guest living quarter per parcel shall be permitted.
3. 3.
  The guest living quarter shall not be larger than the primary dwelling.
4. 4.
  The guest living quarter shall not contain a kitchen.
5. 5.
  Height.
  1. a.
    For parcels 2 acres or less in size, the maximum height of a guest living quarter shall be 20 feet.
  2. b.
    For parcels greater than 2 acres in size, the maximum height of a guest living quarter shall be 35 feet.
6. 6.
  Setbacks.
  1. a.
    For parcels 2 acres or less in size, the minimum setback from the side property line is 5 feet and the minimum setback from the rear property line is 20 feet unless the applicable zone requires a greater setback for the primary structure.
  2. b.
    For parcels greater than 2 acres in size, the minimum side and rear setbacks shall be 10 feet unless the applicable zone requires a greater setback for the primary structure.
  3. c.
    Notwithstanding the above setback requirements, a guest living quarter located in or on a permitted existing detached accessory structure (such as a garage) may be allowed with reduced interior side and rear yard setbacks if the setbacks are found to be sufficient for meeting fire safety requirements.
7. 7.
  The guest living quarter must be compatible with the architectural style of the primary dwelling and be consistent with the character of the surrounding neighborhood. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the guest living quarter structure must possess at least three of the following traits in common with the primary dwelling on-site:
  1. a.
    Wall covering materials.
  2. b.
    Roofing material.
  3. c.
    Roofing pitch.
  4. d.
    Structural eaves.
  5. e.
    Mass and scale of structure relative to structural height.
  6. f.
    Window characteristics.
  7. g.
    Decorative treatments.
8. 8.
  If a garage, carport or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of a guest living quarter, replacement spaces for the primary dwelling unit shall be provided in accordance with parking requirements in effect at the time of application.

Effective on: 3/8/2024

9.295.035 Low Barrier Navigation Center

A.
Purpose. The purpose of this section is to establish requirements for review of Low Barrier Navigation Centers in compliance with California Government Code Sections 65660 through 65668. The California Legislature finds and declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Article 12 – Low Barrier Navigation Centers of the California Government Code shall apply to all cities, including charter cities.
B.
Applicability. The provisions contained in this section shall apply to all Low Barrier Navigation Centers. A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, provided that it meets the following requirements:
1. 1.
  It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. 2.
  It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.
3. 3.
  It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. 4.
  It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
5. 5.
  Low Barrier Navigation Centers shall also comply with the standards established for Emergency Shelters in Section 9.295.027 of this Code.
C.
Requirements for By Right Review. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the City will notify a developer whether the developer’s application is complete. If the application is determined to be incomplete, the City will provide the applicant with an exhaustive list of items that were not complete (Government Code Section 65943).
D.
Definitions. For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning, or otherwise defined in Government Code Sections 65660 et seq.
1. 1.
  “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
2. 2.
  “Low barrier” see definition of “Supportive Housing – Low Barrier Navigation Center” in Chapter 9.300 Universal Definitions.
3. 3.
  “Low barrier navigation center” see definition of “Supportive Housing – Low Barrier Navigation Center” in Chapter 9.300 Universal Definitions.
E.
Repeal. This section shall remain in effect until January 1, 2027, and as of that date is repealed unless extended under state law.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.295.037 Multifamily Housing in Commercial Zones - AB 2011 & SB 6

A.
Purpose. This section is adopted pursuant to the provisions of Assembly Bill 2011, known as the “Affordable Housing and High Road Jobs Act of 2022,” and Senate Bill 6, known as the Middle Class Housing Act of 2022.” This legislation is intended to provide greater opportunity for housing and address the State’s continuing housing crisis.
B.
Applicability. This section establishes clear eligibility criteria for the use of commercial-zoned properties for multiple-family developments.
1. 1.
  AB 2011 Mixed-Income Housing Projects are permitted in:
  1. a.
    Zoning districts where office, retail, or parking are a principally permitted use; and
2. 2.
  AB 2011 100% Affordable Housing Projects are permitted in:
  1. a.
    Zoning districts where office, retail, or parking are a principally permitted use.
3. 3.
  SB 6 Projects are permitted in:
  1. a.
    Zoning districts where office, retail, or parking are a principally permitted use.
C.
Application and Processing.
1. 1.
  AB 2011 Mixed-Income Housing Projects and AB 2011 100% Affordable Housing Projects that meet all the requirements of this section shall be by right and require submittal of an AB 2011 Multi-Family Ministerial Review application processed in accordance with the following procedures:
  1. a.
    Application Review Shot-Clock and Written Comments. If the City determines that the proposed development is in conflict with any objective development standards, the City will provide the applicant with written documentation of the standards the development conflicts with, as well as an explanation for the reason(s) the development conflicts with the standards within:
    i.
    60 days of submittal for developments of 150 or fewer housing units
    ii.
    90 days of submittal for developments larger than 150 units.
  2. b.
    Reasonable Person Standard for Determination of whether Objective Planning Standards are met. A development is consistent with objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
  3. c.
    Design Review Shot-Clock. Design review shall be broadly applicable and to developments within the City and shall not inhibit or preclude the ministerial approval provided by the review process. The review must be completed within:
    i.
    90 days of submittal for developments of 150 or fewer housing units.
    ii.
    180 days of submittal for developments larger than 150 units.
    iii.
    The design review shot-clock runs concurrently with the objective standards review in Subsection a.
  4. d.
    Applications for an AB 2011 Multi-Family Ministerial Review shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for an AB 2011 Multi-Family Ministerial Review Permit.
2. 2.
  Certain projects processed under AB 2011 are exempt from California Environmental Quality Act (CEQA), as set forth in AB 2011.
3. 3.
  SB 6 projects are processed as a Major Plot Plan application subject to review procedures of Chapter 9.80 Plot Plan.
4. 4.
  If the proposed project meets all SB 6 requirements (except non-compliance with zoning prohibiting residential use), then it may invoke SB 35 and the Housing Accountability Act. Chapter 9.87 of this Code outlines the approval process for SB 35 Multifamily Ministerial Review projects.
D.
Site and Project Criteria for AB 2011. All projects must be multiple-family housing developments located within an urbanized area or urban cluster (designated by US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:
1. 1.
  100% affordable housing projects must:
  1. a.
    Be on a parcel in an urban area, surrounded by urban uses, and not on a site or adjoined to any site where more than 1/3 of the square footage is dedicated to an industrial use (Government Code Section 65912.111(b)-(d)). Under AB 2011, parcels separated only by a street or highway are considered adjoined.
  2. b.
    The site satisfies the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (Government Code Section 65912.111(e)).
  3. c.
    The units are subject to a recorded deed restriction of 55 years for rental units and 45 years for owner-occupied units.
  4. d.
    Meet hazardous condition criteria as determined in a Phase I environmental site assessment (ESA) (Government Code Section 65912.111(c)).
  5. e.
    Be located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas. (Government Code Section 65912.111(d)-(e)).
  6. f.
    Meet objective zoning standards, specifically the City’s Multifamily Objective Design Standards (Government Code Section 65912.111(f)).
2. 2.
  Mixed-income eligible projects must:
  1. a.
    Be on a parcel in an urban area, surrounded by urban uses, abuts a commercial corridor with a frontage along the corridor of at least 50 feet, is on a site of 20 acres or less, and is not on a site or adjoined to a site where more than 1/3 of the square footage is dedicated to industrial uses. (Government Code Sections 65912.121(b)-(f)). Under AB 2011, parcels separated only by a street or highway are considered adjoined.
  2. b.
    Be on a site that satisfies the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (Government Code Section 65912.121(g)).
  3. c.
    The development would not require the demolition of:
    i.
    Housing subject to recorded covenant, ordinance or law that restricts rents to levels affordable to moderate, low, or very low-income Households.
    ii.
    Housing subject to rent price control.
    iii.
    Housing occupied by tenants in the last 10 years, excluding manager's units.
    iv.
    Any historic structure on a national, state, or local historic register.
  4. d.
    Not be on a site that was previously used for permanent housing that was occupied by tenants, excluding any manager’s unit, that was demolished within 10 years before development proponents submits an application.
  5. e.
    Vacant sites cannot contain tribal cultural resources or be located in a very high fire hazard severity zone (Government Code Section 65912.121(j)).
  6. f.
    Meet the following affordability criteria by providing:
    i.
    For rental projects, 8% very low-income and 5% extremely low-income affordable units; or
    ii.
    15% affordable for lower income Households (Government Code Section 65912.122(a)).
    iii.
    All affordable units must have a recorded deed restriction for 55 years.
  7. g.
    For owner-occupied housing:
    i.
    30% of units offered as affordable to moderate income Households; or
    ii.
    15% units offered as affordable to lower income Households (Government Code Section 65912.122(b)).
    iii.
    All affordable units must have a recorded deed restriction for 45 years.
  8. h.
    Meet objective development standards (Government Code Section 65912.123).
  9. i.
    For sites more than one acre in size and with more than 100 feet in width, provide a density of at least 60 units/acre (Government Code Section 65912.123)
  10. j.
    Located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas (Government Code Sections 65912. 123(g)-(h)).
  11. k.
    Provide notice and specified protections to existing commercial tenants located on the site (Government Code Section 65912.123(i)).
3. 3.
  Affordable units in the project must have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.
4. 4.
  Eligible projects must meet specified labor standard criteria, including payment of a prevailing wage, and, for larger projects (over fifty (50) units), hire contractors that participate in apprenticeship programs (Government Code Sections 65912.130,-.131).
5. 5.
  Projects may be eligible for a density bonus, incentives or concessions, waivers, or parking ratios pursuant to Section 9.03.050 (Residential Districts).
E.
Site and Project Criteria for SB 6 Projects. All projects must be multiple-family housing developments or mixed-use with at least 50 percent of the square footage dedicated to residential use located within an urbanized area or urban cluster (designated by US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:
1. 1.
  The project must meet specified density requirements—at least 30 units/acre for the parcel (Government Code Sections 65852.24(b)(1), and 65583.2(c)(3)(B)).
2. 2.
  The project site is 20 acres in size or less (Government Code Section 658524(b)(4)).
3. 3.
  The project meets specified objective development standards, specifically applicable standards of the Development Code, Subdivision Code, and Multifamily Objective Design Standards (Government Code Section 65852.24(b)(5)).
4. 4.
  The project is not on a site or adjoined to any site where more than 1/3 of the square footage is dedicated to an industrial use (Government Code Section 65852.24(b)(6)(B)(i)).
5. 5.
  The project is consistent with any applicable and approved sustainable community strategy or alternative plan (Government Code Section 65852.24(b)(7)).
6. 6.
  The project is either: (i) a public work (as defined in Government Code Section 65852.24.(b)(8)(A)(i) for prevailing wage purposes, or (ii) all construction labor will be paid a prevailing wage (along with other labor requirements) (Government Code Section 65852.24(b)(8)(A)).
7. 7.
  The developer must provide written notice to any exiting commercial tenants (Government Code Section 65852.24(c)(1)).
8. 8.
  Mixed-use developments consisting of residential and nonresidential retail commercial or office uses are required to have at least 50 percent of the square footage of the new construction associated with the project designated for residential use. None of the square footage of any such development shall be designated for a hotel, motel, bed, and breakfast inn, or other transient lodging use, except for a residential hotel.
9. 9.
  The housing development shall comply with any public notice, comment, hearing, or other procedures imposed by the City on a housing development in the applicable zoning designation.
F.
Development standards for AB 2011 projects.
1. 1.
  100% affordable housing projects must meet the following standards:
  1. a.
    Project density meets or exceeds applicable density deemed appropriate to accommodate lower-income Households pursuant to housing element law.
  2. b.
    Development must meet objective zoning, subdivision, and design review standards for the zone that allows greater residential density between the following:
    i.
    Existing zoning designation for the parcel if it allows multifamily residential use; or
    ii.
    Zoning designation for the closest parcel that allows residential use at a density that is appropriate to accommodate lower income Households pursuant to housing element law.
  3. c.
    Development shall be deemed consistent with objective zoning standards related to housing density if compliant with maximum density allowed within the land use designation and regardless of any specified maximum unit allocation that may result in fewer units of housing being permitted.
2. 2.
  Mixed-income housing projects must meet the following standards:
  1. a.
    In metropolitan jurisdictions, the residential density shall meet or exceed the greater of the following:
    i.
    The existing residential density permitted;
    ii.
    For sites of less than one acre, 30 units/acre;
    iii.
    For sites of one acre or greater located on a commercial corridor of less than 100 feet in width, 40 units/acre;
    iv.
    For sites of one acre or greater located on a commercial corridor of 100 feet or greater width, 60 units/acre;
    v.
    For sites within one-half mile of a major transit stop, 80 units/acre.
  2. b.
    Height limit applicable shall be the greater of the following: Height currently permitted on the parcel;
    i.
    For sites on a commercial corridor of less than 100 feet in width, 35 feet;
    ii.
    For sites on a commercial corridor of 100 feet or more, 45 feet;
    iii.
    For sites within one-half mile of a major transit stop in a city with a population of greater than 100,000, 65 feet.
  3. c.
    No parking is required except for requirements related to bicycle parking, electric vehicle parking spaces or parking spaces accessible to persons with disabilities.
  4. d.
    Projects are required to meet the following setback standards:
    i.
    For the portion of a property that fronts a commercial corridor, no setbacks may be required except that all parking must be set back at least 25 feet and the ground floor of a building must abut within 10 feet of the property line for at least 80% of the frontage.
    ii.
    For portions of the property that front a side street, the building must abut within 10 feet of the property line for at least 60% of the frontage. For portions of the property that abuts an adjoining property that also abuts the same commercial corridor, no setbacks may be required unless the adjoining property contains any residential use that was constructed prior to the enactment of AB 2011.
    iii.
    Along property lines that abut a residential use, the ground floor shall be set back 10 feet. Starting with the second floor, each floor shall be stepped back in an amount equal to 7 feet multiplied by the floor number.
    iv.
    Along property lines that abut non-residential use, the development shall be set back 15 feet.
  5. e.
    One-half of the ground floor area of the housing development shall be dedicated to retail us
G.
Development standards for SB 6 projects.
1. 1.
  Must comply with local zoning, parking, design, and other ordinances, local code requirements, and procedures applicable to the processing and permitting of a housing development in the zone that allows for housing with the requested density.
  1. a.
    If more than one zoning designation allows for requested density, the applicable zoning standards shall be those for the zoning designation for the closest parcel that allows residential use at a density that is appropriate to accommodate lower-income Households pursuant to housing element law.
  2. b.
    If the existing zoning designation for the parcel allows residential density that exceeds housing element law density, the existing zoning designation applies.
2. 2.
  The project must comply with all other objective local requirements for a parcel (except those that prohibit residential use or allow residential use only at a lower density), including impact fee requirements.
H.
Density Bonuses.
1. A housing development proposed pursuant to the act shall be eligible for a density bonus, incentives or concessions, waivers, or reductions of development standards, and parking ratios pursuant to section 65915. (§ 65912.114, subd. (f).) A development proposal for consideration as mixed-income housing has the same eligibility but cannot use a concession to reduce the City requirement for the provision of up to one-half of the ground floor dedicated to retail.
I.
Protection of Residential Units.
1. The development shall not demolish more residential units than it will develop or result in the demolition of occupied or vacant protected units without meeting certain criteria outlined in the Act regardless of whether the development is or not typically affected by section 66300. (§§ 65912.114, subd. (g), 65912.124, subd. (g), 66300, subd. (d).)
J.
Subdivision Applications May be Exempt from CEQA Review.
1. If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act shall be exempt from CEQA requirements. (§§ 65912.114, subd. (h), 65912.124, subd. (h).)
K.
Some Parcels May be Exempted from the Ministerial Review Shot-Clock.
1. The City may exempt parcels from the shot-clocks mandated in sections 65912.114 and 65912.124, but the parcels will still be subject to the expiration timeframes in section 65913.4, subdivision (f) relating to non-expiration of approvals for developments that include public investment in housing affordability that contain at least 50% of units affordable to Households at or below 80% of the area median income (“AMI”). (§§ 65912.114, subd. (j), 65912.124, subd. (j).)
L.
City May Override Ministerial Review Process with Certain Written Findings
1. The City may exempt a parcel from the Act’s ministerial review process if before a development proponent submits an application, the City makes written findings establishing all of the following:
  1. 1.
    Identified Parcels: The City identified parcels (“Identified Parcels”) that meet the requirements of section 65912.111, subdivisions (b) through (f) or section 65912.121, subdivisions (b) and (e)-(h). (§§ 65912.114, subd. (i)(1), 65912.124, subd. (i)(1).)
  2. 2.
    Allowing Residential Use or Higher Residential Density: If Identified Parcels would not otherwise be eligible for development pursuant to the Act, the City permitted the parcels to be developed pursuant to the Act. (§§ 65912.114, subd. (i)(2)(A), 65912.124, subd. (i)(2)(A).) If Identified Parcels would otherwise be eligible for development pursuant to the Act, the City permitted residential densities above the residential density required in subdivision (b) of sections 65912.113 and 65912.123 and heights required in section 65912.123, subdivision (c). (§§ 65912.114, subd. (i)(2)(B), 65912.124, subd. (i)(2)(B).)
  3. 3.
    Protecting Residential Uses: The development of the parcels will result in all of the following:
    a.
    No net loss of the total potential residential density in the jurisdiction. (§§ 65912.114, subd. (i)(3)(A), 65912.124, subd. (i)(3)(A).)
    b.
    No net loss of the potential residential density of housing affordable to lower income Households in the jurisdiction. (§§ 65912.114, subd. (i)(3)(B), 65912.124, subd. (i)(2)(B).)
    c.
    Affirmative furthering of fair housing. (§§ 65912.114, subd. (i)(3)(C), 65912.124, subd. (i)(3)(C).)
M.
Modifications and Subsequent Permits Shall Not Be Unreasonably Delayed
1. Proposed modifications to a development approved pursuant to the Act shall be undertaken pursuant to section 65913.4, subdivision (g). (§§ 65912.114, subd. (k), 65912.124, subd. (k).) Further, the City shall not adopt or impose any requirement that applies to a development solely or partially on the basis that the development is eligible to receive ministerial review. (§§ 65912.114 (l), 65912.124, subd. (l)).
2. For development developments approved pursuant to the Act’s review process, the City shall issue subsequent permits without unreasonable delay and shall not impose any procedure or requirement that is not imposed on developments that are not approved pursuant to this section. (§§ 65912.114, subd. (m), 65912.124, subd. (m), 65913.4, subd. (h)(2).) Additionally, public improvements necessary to implement the approved development shall not be reviewed in a manner that would inhibit, chill, or preclude the development. (§§ 65912.114, subd. (n), 65912.124, subd. (n), 65913.4, subd. (h)(3).)
N.
Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1. 1.
  “AB 2011 Mixed-Income Housing Projects” shall refer to housing development project as set forth in AB 2011, Article 2 (Affordable Housing Developments in Commercial Zones), and is intended to refer to such projects which are subject to a streamlined, ministerial review, pursuant to Government Code Section 65912.114, subject to satisfying all requisite requirements, as set forth therein.
2. 2.
  “AB 2011 100% Affordable Housing Project” shall refer to housing development project(s) as set forth in AB 2011, Article 3 (Mixed-Income Housing Developments Along Commercial Corridors), and is intended to refer to such projects which are subject to a streamlined, ministerial review pursuant to Government Code Section 6591124, subject to satisfying all requisite requirements, as set forth therein.
3. 3.
  “SB 6 Projects” shall refer to housing development project as set forth in SB 6, as codified in Government Code Section 65852.24, subject to the streamlined, ministerial approval process, satisfying all requisite requirements therein.
4. 4.
  “Commercial corridor” means a highway, as defined in Vehicle Code Section 360, that is not a freeway, as defined in Vehicle Code Section 332, and that has a right-of-way, as defined in Vehicle Code Section 525, of at least 70 feet but not greater than 150 feet.
5. 5.
  "Dedicated to industrial use" means any of the following: (1) square footage is currently being used as industrial use; (2) more recently permitted use of the square footage is an industrial use; or (3) site was designated for industrial use in local government's latest general plan adopted before January 1, 2022.
6. 6.
  “Multiple-family” as applicable to Section 9.04.050 of this Code, means a property with five or more housing units for sale or for rent. There is no requirement that the housing units be attached.
7. 7.
  “Prevailing wage” means at least the general prevailing rate or per diem wages for the type of work and the geographic area as determined by the Director of Industrial Relations pursuant to Labor Code Sections 1773 and 1773.9, except apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. The same definition is used in both AB 2011 and SB 6.
8. 8.
  “Principally permitted use” means a use that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit.
9. 9.
  “Residential hotel” has the same meaning as defined in Government Code Section 50519 of the Health and Safety Code.
O.
Interpretation. If any portion of this section conflicts with AB 2011, SB 6, or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with AB 2011 and SB 6.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.295.040 Single-Room Occupancy Units

Purpose. Single-room occupancy units can provide a valuable form of affordable private housing for individuals and can serve as an entry point into the housing market for extremely low-income populations, including formerly homeless persons, seniors and those with disabilities. The purpose of this section is to establish development and operational standards for single-room occupancy units.
Applicability. The standards contained in this section shall apply to all single-room occupancy units.
Development and Operational Standards.
1. Occupancy. A single-room occupancy unit shall be occupied by not more than 2 persons. Occupancy of single-room occupancy units may be restricted to seniors or be available to persons of all ages.
2. Tenancy. Tenancy of SRO units shall be offered for a minimum of 30 days or longer.
3. Management. On-site management shall be provided.
4. Minimum Size. A single-room occupancy unit shall be at least 150 square feet in floor area, excluding closet and restroom areas. No individual unit may exceed 400 square feet.
5. Entrances. All single-room occupancy units shall be independently accessible from a single main entry, excluding emergency and other service support exits.
6. Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual single-room occupancy units, each unit shall have a sink with hot and cold water, a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements, and a refrigerator.
7. Restroom Facilities. A single-room occupancy unit is not required to but may contain partial or full restroom facilities. A partial restroom facility shall have at least a toilet and sink. A full restroom facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor and one full bathroom per four units.
8. Closet. Each SRO unit shall have a separate enclosed all-weather closet. The closet shall be at least 120 cubic feet with a minimum four-foot horizontal dimension along one plane.
9. Common Area. Four square feet per living unit shall be provided, excluding janitorial storage, laundry facilities, and common hallways. At least 200 square feet in area of interior common space shall be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

Effective on: 1/1/1901

9.05.010 Purpose

The purpose of this section is to appropriately regulate urban lot splits and two-unit developments in accordance with Government Code Section 66411.7 and 65852.21.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.296.020 Applicability

Only individual property owners may apply for an urban lot split and a two-unit development. "Individual property owner" means a person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code § 214.15).

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.296.030 Approving Authority

An application for housing development with two units on a single lot within a single-family residential zone shall be considered and approved ministerially, without discretionary review or a hearing. Applications for Senate Bill 9 (SB 9) urban lot splits and two-unit developments shall be reviewed and approved by the designated authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for SB 9 urban lot splits and two-unit developments.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.296.040 Requirements

The standards set forth below shall apply to all urban lot splits and two-unit developments. For any development standard not explicitly identified below, the requirements of the underlying zone shall apply, unless superseded by State Law.

A.
Application and Processing.
1. 1.
  Application Review Shot-Clock. The City shall either approve or deny the application for an urban lot split or two-unit development within 60 days from the date of receiving a completed application. If the application is not approved or denied within 60 days, the application shall be deemed approved.
2. 2.
  Objective Standards. Urban lot split and two-unit development applications are exempt from objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to the development under the zone.
3. 3.
  Application Denial. If the application for an urban lot split or two-unit development is denied, the City shall provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
B.
Map Act Compliance. The lot must conform to all applicable objective requirements of the Subdivision Map Act (Government Code § 66410 et seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this section.
C.
Location and Zoning. An urban lot split or two-unit development project shall only be allowed in a single-family residential zone. For the purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot, subject to the exceptions set forth below and in Government Code § 65913.4(a)(6)(B)—(K). (See Government Code § 66411.7(a)(3)(C).) Not on properties that are:
1. 1.
  Prime farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
2. 2.
  A wetland.
3. 3.
  Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by applicable building code standards.
4. 4.
  A hazardous waste site that has not been cleared for residential use.
5. 5.
  Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards.
6. 6.
  Within a 100-year flood hazard area, unless the site has either:
  1. a.
    Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
  2. b.
    Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
7. 7.
  Within a regulatory floodway unless all development on the site has received no-rise certification.
8. 8.
  Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. Properties within the Hillside Overlay are subject to Hillside Development Standards pursuant to Chapter 9.195.
9. 9.
  Habitat for protected species.
10. 10.
  Land under conservation easement.
11. 11.
  Must not be a historic property or within an historic district that is included in the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
D.
Restrictions Related to Existing Affordable Housing and Rentals. A parcel is not eligible to do an urban lot split or a two-unit development if the project would require demolition or alteration of:
1. 1.
  Housing that is income-restricted for households of moderate, low, or very low income;
2. 2.
  Housing that is subject to any form of rent or price control;
3. 3.
  Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application; and
4. 4.
  Housing that has been occupied by a tenant in the last three years.
E.
Regulation of Uses.
1. 1.
  Nonresidential Uses. Except for permitted home occupations pursuant to Chapter 9.255, non-residential uses shall be prohibited.
2. 2.
  Short Term Rentals Prohibited. Units created pursuant to this Chapter shall be rented or leased for a term equal to or longer than 30 days.
3. 3.
  Owner Occupancy.
  1. a.
    Urban Lot Split – the applicant/property owner for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the urban lot split is approved.
  2. b.
    Two-Unit Development – Unless the lot on which a two-unit development is constructed was established through an urban lot split, the property owner of the property shall reside in one of the units as their principal residence.
F.
Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:
1. 1.
  Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
2. 2.
  Expressly prohibits any non-residential use of the lots created by the urban lot split.
3. 3.
  Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
4. 4.
  States that the property is formed by an urban lot split and therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
5. 5.
  States that the deed restriction runs with the land and each provision therein may be enforced against future owners of the property.

(2024-384, 02/07/2024; 2025-417, 07/16/2025)

Effective on: 8/16/2025

9.296.050 Urban Lot Split Development Standards

The following development standards shall apply to urban lot splits.

A.
Parcel Size.
1. 1.
  Each resulting lot shall be of approximately equal size. In no instance shall a parcel be smaller than 40 percent of the lot area of the original parcel proposed for subdivision, or smaller than 1,200 square feet, whichever is greater.
2. 2.
  Lots created from an SB 9 urban lot split may not be further subdivided.
B.
Lot Lines. Lot lines shall be depicted on the parcel map submitted as part of urban lot split application and prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Section 66444-66450. Lot lines shall include a reference basis, distance, measurement, and bearings.
C.
Access.
1. 1.
  Each resulting parcel shall provide at least a 24-foot lot frontage along a public or private street.
2. 2.
  Additional access requirements, including but not limited to a wider access corridor or easement, may be required where necessary to provide adequate access for fire safety equipment as determined by the Fire Marshal.
D.
Setbacks. The proposed property line dividing an existing lot into two lots with a proposed urban lot split shall be setback a minimum of 5 feet from an existing primary dwelling or any existing accessory structure located on the lot intended to be subdivided.
E.
Dedications and Easements. Easements may be required to convey public utilities, access, and other services. Right-of-way dedication and offsite improvements shall not be required through an urban lot split.
F.
No Prior Lot Split. A lot shall not be eligible for an urban lot split if it was previously established through a parcel map for an urban lot split.
G.
Adjacent Parcels. A lot shall not be eligible for an urban lot split if the owner of the lot being subdivided, or any person acting in concert with the owner, has previously subdivided an adjacent lot via an urban lot split.
H.
Legal Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
I.
Utilities. Parcels created through an urban lot split shall have separate sewer, water, gas, and electrical utility services and have the ability to connect prior to approval of the urban lot split.
J.
Unit Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For the purposes of this subdivision, the two-unit limitation applies to any combination of primary dwelling units, Accessory Dwelling Units (ADUs), or Junior Accessory Dwelling Units (JADUs).
K.
Two-Units. Parcels created through an urban lot split shall be subject to Section 9.296.060 Two-Unit Development Standards.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.296.060 Two-Unit Development Standards

The following development standards shall apply to two-unit developments.

A.
Legal Lot. The proposed development must be located on a legally created lot or a proposed urban lot split.
B.
Unit Quantity. A lot that is not created by an urban lot split may have a two-unit project under this section. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary unit, a unit created under this section of the code, an Accessory Dwelling Unit (ADU), or a Junior Accessory Dwelling Unit (JADU).
C.
Unit Size.
1. 1.
  The total floor area of each primary dwelling unit that is developed as a two-unit project must be between 500 to 800 square feet.
2. 2.
  A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
3. 3.
  A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.
D.
Lot Coverage. The lot coverage standard per the existing zone will only be enforced to the extent that it does not prevent two primary dwelling units on the lot of 800 square feet each.
E.
Open Space. The open space standard per the existing zone will only be enforced to the extent that it does not prevent two primary dwelling units on the lot of 800 square feet each.
F.
Setbacks.
1. 1.
  Generally. All setbacks must conform to those objective setbacks that are imposed by the underlying zoning.
2. 2.
  Separation. Each unit shall be located 10 feet from each other and at least 5 feet from an accessory structure, patio cover, or carport.
3. 3.
  Exceptions.
  1. a.
    Existing Structures. No setback is required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
  2. b.
    800 Square Foot Dwelling. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
G.
Parking Spaces Required.
1. 1.
  Each primary dwelling unit must have at least one off-street parking space.
2. 2.
  Required parking for each dwelling unit may be exempt if one of the following applies:
  1. a.
    The lot is located within one-half mile walking distance of either of the following:
    i.
    A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
    ii.
    A site that contains an existing rail or bus rapid transit station, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
  2. b.
    The site is located within one block of a car-share vehicle location.
H.
Architecture. Two-unit developments shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, two-unit developments must possess at least three of the following traits in common with the primary dwelling on-site:
1. 1.
  Wall covering materials.
2. 2.
  Roofing material.
3. 3.
  Roofing pitch.
4. 4.
  Structural eaves.
5. 5.
  Mass and scale of structure relative to structural height.
6. 6.
  Window characteristics.
7. 7.
  Decorative treatments.
I.
Utilities.
1. 1.
  Each existing and newly constructed unit shall maintain separate and independent public services and utilities, including separate utility connections and meters. All electric utility connections shall be underground.
2. 2.
  Two-unit developments shall be required to connect to sewer and shall not be permitted where sewer is not available.
J.
Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
1. 1.
  Emergency access and water supply requirements shall comply with the California Code of Regulations, Title 14 and Title 24, Part 9.
2. 2.
  All new structures on the site must comply with current building code standards for dwellings in a very high fire hazard severity zone.
K.
Separate Conveyance.
1. 1.
  Dwelling units on the lot may not be owned or conveyed separately from each other.
2. 2.
  Condominium airspace divisions and common interest developments are not permitted within the lot.
3. 3.
  All fee interest in a lot must be held equally and undivided by all individual property owners.
L.
Certificate of Occupancy. No certificate of occupancy for a two-unit development shall be issued before the issuance of certificate of occupancy for the first primary dwelling.
M.
Applicable Chapters. Site requirements of the following Chapters, but not limited to, shall apply to two-unit developments:
1. 1.
  Chapter 9.160 – General Development Standards
2. 2.
  Chapter 9.165 – Accessory Structures
3. 3.
  Chapter 9.185 – Fences, walls and screening
4. 4.
  Chapter 9.190 – Hillside Development Standards
5. 5.
  Chapter 9.195 – Landscaping Standards
6. 6.
  Chapter 9.200 – Tree Preservation
7. 7.
  Chapter 9.230 – Utilities

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.296.070 Specific Adverse Impacts

Notwithstanding anything else in this section, the city shall not deny a proposed development project based on a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The City may deny an application for an urban lot split or two-unit development if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific adverse impact” on the public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The building official may consult with and be assisted by the Community Development Director and others as necessary in making a finding of specific adverse impact.

(2024-384, 02/07/2024; 2025-417, 07/16/2025)

Effective on: 8/16/2025

9.297.010 Purpose

Energy Storage Facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the City of Menifee by establishing regulations for the installation and use of energy storage systems. The regulation herein are intended to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by energy storage facilities and to mitigate the impacts of energy storage facilities on the environment.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.020 Classification of Energy Storage Facilities

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

1. Battery: A single cell, stack, core building block, or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements.

2. Battery Management System: An electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions

3. Battery Energy Storage System: A system consisting of electrochemical, kinetic, thermal, or other form of energy-storage technology storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.

4. Cell: The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

5. Commissioning: A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.

6. Decommissioning Plan: A plan to retire the physical facilities of the Project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.

7. Energy Storage System: A system which stores energy and releases it in the same form as was input.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.030 Applicability

The requirements of this ordinance shall apply to all utility-scale Battery energy storage facilities permitted, installed, or modified after the effective date of this ordinance, excluding general maintenance and repair. Utility-scale Battery Energy Storage Systems constructed or installed prior to the effective date of this ordinance shall not be required to meet the requirements of this chapter. Modifications to, retrofits or replacements of an existing Battery energy storage facility that increases the total energy storage system designed discharge duration or power rating shall be subject to this chapter. The continuation of legally established existing utility-scale Battery Energy Storage Systems shall be subject to the regulations and guidelines of Chapter 9.15 Nonconforming Uses and Structures of the City of Menifee Municipal Code.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.040 Development Standards

1. Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes.

2. Energy storage facilities shall comply with the site design requirements set forth below in addition to all other applicable chapters of the City of Menifee Municipal Code:

a. Where visible from public view, the site shall be fully enclosed by a minimum six-foot, non-scalable solid wall. Where not visible from public view, the site shall be enclosed by a minimum six-foot, non-scalable solid wall or tubular steel or wrought iron fencing. Said wall or fencing shall be located outside of the required yard of the applicable zone. Walls shall consist of either decorative concrete masonry block or decorative concrete tilt-up walls. Decorative masonry block means neutral colored slump stone block, split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt-up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines.

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.

Maximum wall heights shall comply with Section 9.185.040(g) (“Maximum Heights”) of this Title.

b. No landscaping is required on the interior side of the screen walls described in subparagraph (a), above, regardless of the percentage of open space landscaped required.

The minimum required open space, as required by this Title, shall be limited to the perimeter landscaping surrounding the perimeter screening wall or fencing described in subparagraph (a), above. Said perimeter landscaping shall be no less than the applicable required yard setbacks.

c. Solid walls surrounding facilities which are below grade of an adjacent street or property shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view.

d. Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.

e. Except as set forth in subparagraph (f), no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in subparagraph (a), above, unless it can be demonstrated through a line-of-sight analysis to the satisfaction of the approval body that the wall height will sufficiently screen said equipment and/or appurtenances. Enclosures for batteries and other systems shall not exceed fifteen feet in height.

f. Accessory structures such as utility poles or utility connection equipment, substation switchyard and similar equipment, necessary for the operation of the facility may exceed the height standards of the applicable zone subject to Planning Commission approval.

g. Within the Business Park (BP) zone, all equipment or appurtenances shall be located within an enclosed building. However, accessory structures such as utility poles or utility connection equipment substation switchyard, and similar equipment, necessary for the operation of the facility is not required to be located within the enclosed building.

h. On-site parking shall be provided as specified below:

i. For sites occupied daily by employees or contractors, one parking space per employee or contractor shall be provided.

ii. For unoccupied sites, one on-site parking space shall be provided.

iii. AII parking, fire access roadway, and drive aisles shall be paved with asphalt or concrete.

iv. All parking lots shall comply with Section 9.215, Parking and Loading Standards.

vi. All facilities shall have an approved signage plan including safety signage to be posted at the site.

i. All improvements and site specifications shall be subject to approval of a Hazard Mitigation Analysis. Said reports shall be reviewed by the City of Menifee Fire Department and Building and Safety Departments. These reports must be approved concurrent with any entitlements. The purpose of this analysis is to evaluate the potential for adverse effects to people or the environment related to hazards and hazardous materials. The California Environmental Quality Act (CEQA) requires the analysis of potential adverse effects of a project on the environmental. Consistent with Appendix G of the CEQA Guidelines, a proposed project would cause adverse impacts related to hazards and hazardous materials if they would create a significant hazard to the public or the environmental through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.050 Decommissioning

1. Decommissioning Plan. Prior to issuance of any permits related to decommissioning activities, the applicant shall submit a Decommissioning Plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service, and from the facility in which it is located. The Decommissioning Plan shall also include:

a. A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all Battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

b. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

c. The anticipated life of the Battery energy storage system;

d. The manner in which the Battery energy storage system will be decommissioned, and the Site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the Battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

e. A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

2. Ownership Changes. If the owner of the Battery energy storage facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and Decommissioning Plan. A new owner or operator of the Battery energy storage facility shall notify the Community Development Department of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such notification to the Community Development Department in writing. The project and all approvals for the Battery energy storage facilities would be void if a new owner or operator fails to provide written notification to the Community Development Department in the required timeframe. Reinstatement of a voided project or approvals will be subject to the same review and approval processes for new applications under this chapter.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.060 Performance Measures and Standard Conditions of Approval

The following measures shall be included as performance measures and standard conditions of approval for all energy storage facilities.

a. Facilities shall not store any products, goods, materials, or containers outside of any building on-site.

b. Facilities shall comply with Chapter 9.210 Noise Control Regulations of the City of Menifee Municipal Code.

c. Operators shall address any nuisance, safety issues or violations of conditions of approval within forty-eight hours of being notified by the city that an issue exists.

d. Prior to the issuance of a Certificate of Occupancy or Business License, any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.070 Finding of Economic Benefit; Public Benefit Agreement; Exempt Projects

1. Consistent with Public Resources Code section 25545.9, and in additional to all other findings and determinations necessary for the grant of a conditional use permit, no conditional use permit for an Battery Energy Storage Facility, Utility Scale shall be granted unless the City finds that the construction and operation of the facility will have an overall net positive economic benefit to the City. For purposes of this sub-section, economic benefits may include, but are not limited to, any of the following:

a. Employment growth.

b. Housing development.

c. Infrastructure and environmental improvements.

d. Assistance to public schools and education.

e. Assistance to public safety agencies and departments.

f. Property taxes and sales and use tax revenues.

2. Consistent with Public Resources Code section 24454.10, no conditional use permit for an Battery Energy Storage Facility, Utility Scale shall be granted unless the City has entered into a legally binding and enforceable agreement with, or that benefits, the City, where there is mutual benefit to the parties to the agreement. The topics and specific terms of the community benefits agreements may vary and may include funding for or providing specific community improvements or amenities such as park and playground equipment, urban greening, enhanced safety crossings, and paving roads and bike paths.

3. The City of Menifee finds and declares that, where an Battery Energy Storage Facility, Utility Scale is issued a certificate pursuant to Chapter 6.2 (commencing with Section 25545) of Division 15 of the Public Resources Code, and where such certificate is in lieu of a conditional use permit or other permit, certificate, or document required by the City, a community benefit agreement in the form described in subdivision (2), above, shall satisfy the obligations on Public Resources Code section 24454.10.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.298.010 Purpose

The purpose of this section is to allow and appropriately regulate small lot subdivisions and housing development in accordance with Government Code Section 65852.28, Section 65913.4.5 and Section 66499.41.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.298.020 Applicability

This section establishes a streamlined ministerial review and approval process for small lot subdivisions pursuant to the requirements in Government Code Sections 65852.28, 64913.4.5, and 66499.41

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.298.030 General Eligibility Requirements

The standards set forth below shall apply to all lots subdivided pursuant to the requirements in Government Code Section 66499.41. For any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State Law.

A.
Map Act Compliance. The lot must conform to all applicable objective requirements of the Subdivision Map Act (Government Code § 66410 et seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this section.
B.
Legal Lot. The existing lot was legally created as shown through a previously recorded map or by establishment through a certificate of compliance, and not created previously pursuant to SB 684 or lot splits under 66411.7 (SB 9).
C.
Location and Zoning. Small lot subdivision projects shall be allowed on a lot zoned for multifamily residential permitted by right, including LDR-2, LMDR, MDR, MHDR, and HDR or on a vacant lot zoned for single-family residential permitted by right, including AG, RM, RR5, RR2, RR1. RR1/2, LDR-1, LDR-2, LMDR, MDR, subject to the exceptions set forth below and in Government Code § 65852.28 and 66499.41.
1. 1.
  Prime farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
2. 2.
  A wetland.
3. 3.
  Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
4. 4.
  A hazardous waste site that has not been cleared for residential use.
5. 5.
  Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards.
6. 6.
  Within a 100-year flood hazard area, unless the site has either:
  1. a.
    Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
  2. b.
    Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
7. 7.
  Within a regulatory floodway unless all development on the site has received no-rise certification.
8. 8.
  Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. Properties within the Hillside Overlay are subject to Hillside Development Standards pursuant to Chapter 9.195.
9. 9.
  Habitat for protected species.
10. 10.
  Land under conservation easement.
11. 11.
  The housing development project on the lot proposed to be subdivided would not require demolition or alteration of any of the following types of housing:
  1. a.
    Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low-, very low-, or extremely low-income.
  2. b.
    Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
  3. c.
    Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
  4. d.
    A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.298.040 Development & Objective Standards

The following development standards shall apply to small lot subdivisions created through SB 684 and SB 1123.

A.
A lot zoned to allow multifamily residential dwellings shall not exceed five acres and shall be substantially surrounded by qualified urban uses as defined by the Public Resources Code, Sections 21072 and 21159.25.
B.
A vacant lot zoned to allow single-family dwellings shall not exceed one and one-half acres and shall be substantially surrounded by qualified urban uses as defined by the Public Resources Code, Sections 21072 and 21159.25.
C.
Parcel & Unit Quantity. The proposed subdivision will result in ten or fewer parcels and the housing development project on the lot proposed to be subdivided will contain ten or fewer residential units.
D.
The housing units on the lot proposed to be subdivided are one of the following:
1. a.
  Constructed on fee simple ownership lots;
2. b.
  Part of a common interest development;
3. c.
  Part of a housing cooperative, as defined in Civil Code Section 817; or
4. d.
  Owned by a community land trust meeting the requirements of Government Code Section 66499.41.
E.
The development standards listed below in Table 9.298.010 are the minimum standards for small lot subdivisions.

Table 9.298.010 Small Lot Subdivisions
Standard		Additional Requirements
MINIMUM LOT DIMENSIONS
Multifamily Zoned Lots Net Lot Area (Square Feet)	600
Single-family Zoned Lots Net Lot Area (Square Feet)	1,200
Lot Width (Feet)¹	--
Lot Depth (Feet)¹	--
Frontage (Feet)¹	--
FLOOR AREA RATIO
3 to 7 unit subdivisions² Maximum	1.0	See underlying zone’s FAR
8 to 10 unit subdivisions² Maximum	1.25	See underlying zone’s FAR
SETBACKS (Minimum)
Front Yard (Feet)	--
Corner Side Yard (Feet)	4
Interior Side Yard (Feet)	4
Rear Yard (Feet)	4
1. No other size requirement, such as lot width, depth, or frontage shall apply to lots created through SB 684 and SB 1123. 2. The Floor Area Ratios set forth in this table shall only apply where the underlying zone’s floor area ratio does not exist.

Table 9.298.010 Small Lot Subdivisions
Standard		Additional Requirements
MINIMUM LOT DIMENSIONS
Multifamily Zoned Lots Net Lot Area (Square Feet)	600
Single-family Zoned Lots Net Lot Area (Square Feet)	1,200
Lot Width (Feet)¹	--
Lot Depth (Feet)¹	--
Frontage (Feet)¹	--
FLOOR AREA RATIO
3 to 7 unit subdivisions² Maximum	1.0	See underlying zone’s FAR
8 to 10 unit subdivisions² Maximum	1.25	See underlying zone’s FAR
SETBACKS (Minimum)
Front Yard (Feet)	--
Corner Side Yard (Feet)	4
Interior Side Yard (Feet)	4
Rear Yard (Feet)	4
1. No other size requirement, such as lot width, depth, or frontage shall apply to lots created through SB 684 and SB 1123. 2. The Floor Area Ratios set forth in this table shall only apply where the underlying zone’s floor area ratio does not exist.

Table 9.298.010 Small Lot Subdivisions
Standard		Additional Requirements
MINIMUM LOT DIMENSIONS
Multifamily Zoned Lots Net Lot Area (Square Feet)	600
Single-family Zoned Lots Net Lot Area (Square Feet)	1,200
Lot Width (Feet)¹	--
Lot Depth (Feet)¹	--
Frontage (Feet)¹	--
FLOOR AREA RATIO
3 to 7 unit subdivisions² Maximum	1.0	See underlying zone’s FAR
8 to 10 unit subdivisions² Maximum	1.25	See underlying zone’s FAR
SETBACKS (Minimum)
Front Yard (Feet)	--
Corner Side Yard (Feet)	4
Interior Side Yard (Feet)	4
Rear Yard (Feet)	4
1. No other size requirement, such as lot width, depth, or frontage shall apply to lots created through SB 684 and SB 1123. 2. The Floor Area Ratios set forth in this table shall only apply where the underlying zone’s floor area ratio does not exist.

Table 9.298.010 Small Lot Subdivisions
Standard		Additional Requirements
MINIMUM LOT DIMENSIONS
Multifamily Zoned Lots Net Lot Area (Square Feet)	600
Single-family Zoned Lots Net Lot Area (Square Feet)	1,200
Lot Width (Feet)¹	--
Lot Depth (Feet)¹	--
Frontage (Feet)¹	--
FLOOR AREA RATIO
3 to 7 unit subdivisions² Maximum	1.0	See underlying zone’s FAR
8 to 10 unit subdivisions² Maximum	1.25	See underlying zone’s FAR
SETBACKS (Minimum)
Front Yard (Feet)	--
Corner Side Yard (Feet)	4
Interior Side Yard (Feet)	4
Rear Yard (Feet)	4
1. No other size requirement, such as lot width, depth, or frontage shall apply to lots created through SB 684 and SB 1123. 2. The Floor Area Ratios set forth in this table shall only apply where the underlying zone’s floor area ratio does not exist.

F.
Setbacks.
1. 1.
  Separation. Interior side setbacks are not required between units for an SB 684 subdivision.
G.
Unit Size. The total floor area of each dwelling that is developed through small lot subdivisions shall not exceed 1,750 net habitable square feet.
H.
Parking Required. Housing units proposed under SB 684 and SB 1123 shall not be required to provide enclosed or covered parking or require parking if either of the following apply:
1. 1.
  The lot is located within one-half mile walking distance of either of the following:
  1. a.
    A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
  2. b.
    A site that contains an existing rail or bus rapid transit station, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
2. 2.
  The site is located within one block of a car-share vehicle location
I.
Density Requirements.
1. 1.
  If the parcel is identified in the City’s housing element for the current planning period, the development should result in at least as many units as projected for the parcel in the housing element.
2. 2.
  If the parcel is identified to accommodate any portion of the jurisdiction’s share of the regional housing need for low or very low-income households, the development will result in at least as many low or very low-income units as projects in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
3. 3.
  If the parcel is not identified in the City’s housing element for the current planning period, the development shall result in at least 66% of the maximum allowable residential density as specified by the zone or 66% of the applicable residential density, whichever is greater.
J.
Architecture. Units created through SB 684 shall be compatible with the architectural style proposed in the City’s Design Guidelines. No metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, SB 684 units must possess at least three of the following traits in common with proposed or existing dwelling units on site:
1. 1.
  Wall covering materials
2. 2.
  Roofing material
3. 3.
  Roofing Pitch
4. 4.
  Structural eaves
5. 5.
  Mass and scale of structure relative to structural height
6. 6.
  Window characteristics
7. 7.
  Decorative treatments
K.
Utilities.
1. 1.
  Parcels created through a small lot subdivisions shall have separate sewer, water, gas, and electrical utility services and have the ability to connect prior to approval of the subdivision.
2. 2.
  Each existing and newly constructed unit shall maintain separate and independent public services and utilities including separate utility connections and meters. All electric utility connections shall be underground.
L.
Fire-Hazard Mitigation Measures. A lot in a very high or high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
1. 1.
  Emergency access and water supply requirements shall comply with the California Code of Regulations, Title 14 and Title 24, Part 9.
2. 2.
  All new structures on the site must comply with current building code standards for dwellings in a very high fire hazard severity zone.
M.
Applicable Chapters. Site requirements of the following Chapters, but not limited to, shall apply:
1. 1.
  Chapter 9.160 – General Development Standards
2. 2.
  Chapter 9.165 – Accessory Structures
3. 3.
  Chapter 9.185 – Fences, walls and screening
4. 4.
  Chapter 9.190 – Hillside Development Standards
5. 5.
  Chapter 9.195 – Landscaping Standards
6. 6.
  Chapter 9.200 – Tree Preservation
7. 7.
  Chapter 9.230 – Utilities
N.
Prohibition of Urban Lot Splits. A parcel created under this section may not be further subdivided pursuant to an urban lot split under Chapter 9.296.
O.
Accessory Dwelling and Junior Accessory Dwelling Units. An accessory dwelling unit or junior accessory dwelling unit shall be permitted on a parcel created through this chapter pursuant to Section 9.295.020.
1. 1.
  Accessory dwelling and junior accessory dwelling units cannot be counted toward a housing development project on a lot subdivided to contain 10 or fewer residential units.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.298.050 Specific Adverse Impacts

Notwithstanding anything else in this section, the city may deny an application for a small lot subdivision if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The building official may consult with and be assisted by the Community Development Director and others as necessary in making a finding of specific adverse impact.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

Title 9

Adoption and Effective Date

ARTICLE 1

General Provisions

ARTICLE 2

Administration, Permits, and Procedures

ARTICLE 3

Zones

ARTICLE 4

Site Development Regulations and Performance Standards

ARTICLE 5

Special Use Standards

Chapter 9.235 Animal Keeping
Chapter 9.240 Motor Vehicle and Related Uses
Chapter 9.245 Bed & breakfast uses
Chapter 9.250 Alcoholic Beverages Sales, Consumption and manufacturing
Chapter 9.255 Home Occupation and Home-Based Businesses
Chapter 9.260 Outdoor Sales, Display and Dining
Chapter 9.270 Community Care Facilities
Chapter 9.280 Recycling Facilities
Chapter 9.285 Mobilehome Parks
Chapter 9.290 Wireless Communication Facilities
Chapter 9.295 Special Housing Types

ARTICLE 6

Definitions

Non-Codified Ordinances

Ordinance History

Table

Menifee City Zoning Code

ARTICLE 5

Special Use Standards

Chapter 9.275 Hookah and Cannabis Uses

(2025-417, 07/16/2025)

Chapter 9.296 Urban Lot Split & Two-Unit Development

(2024-384, 02/07/2024; 2025-417, 07/16/2025)

Chapter 9.297 Energy Storage Facilities

(2023-369, 04/05/2023)

Chapter 9.298 Small Lot Subdivisions and Housing Development

(2025-417, 07/16/2025)

9.235.010 Purpose

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.235.020 Applicability

The requirements contained in this chapter shall apply to all animal keeping in the City of Menifee including domestic and farm animals, kennels, catteries, horse stables, boarding and riding academies.
Any legally established nonconforming animal keeping use that became nonconforming upon adoption of this ordinance shall be permitted to continue subject to Chapter 9.15 (Nonconforming Uses, Structures).
Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 9.235.030-1 subject to compliance with setback regulations of the underlying zoning district and subject to approval by the Community Development Director.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.235.030 Keeping of Animals

Table 9.235.030-1, Animal Keeping Standards
Types of Animals/Use	Commercial (C) or Non- Commercial (NC)	Zones Permitted	Max Number of Animals per Site	Min Lot Size	Setbacks and Standards (See Table Footnotes)
Small Animals (e.g. hamsters, rabbits, chinchillas, and similar sized animals)	C	AG, RM, RR5, RR2, RR1, RR1/2	Per Approval Authority	1 acre	A
	NC	All Zones	30	--	A
Medium Animals (e.g. sheep, goats, pigs, and similar sized animals)	C	AG, RM, RR5, RR2	Per Approval Authority	1 acre	A, B
	NC	AG, RM, RR5, RR2, RR1, RR1/2	2 animals per ½ acre	½ acre	A
	NC	LDR-1, LDR-2	1	7,200 SF	A
Large Animals (e.g. cows, horses, camels, llamas, and other similar sized animals)	C	AG, RR5, RR2	5 animals per acre	2 acres	A, B
	NC	AG, RM, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
	NC	RR1/2, LDR-1, LDR-2	2 animals per 20,000 sq. ft. , maximum 4 animals	1 acre	A, B
Non-Crowing Fowl (hens, ducks, etc.)	C	--	--	--	--
	NC	AG, RR5, RR2, RR1	12	20,000 sq. ft.	A, C
		AG, RR5, RR2, RR1	50	40,000 sq. ft.	A, C
		RM, RR1/2, LDR-1, LDR-2	4	7,200 sq. ft.	A, C
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	C	--	--	--	--
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	NC	AG, RR5, RR2, RR1	1	1 acre	A, C
Kennels and Catteries	C/NC	AG, RR5, RR2, RR1, RR1/2	See classifications and 9.235.050	1 acre	9.235.050
Kennels and Catteries	C/NC	BP, HI	See classifications and 9.235.050	--	9.235.050
Stables/Boarding of Large Animals, Riding Academies	C	AG, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
Aquaculture (commercial raising of fish, frogs, shellfish, algae, etc.)	C	AG, RR5, RR2	Per Approval Authority	1 acre	A
Apiary (beekeeping)	C	AG, RM, RR5	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Apiary (beekeeping)	NC	AG, RM, RR5, RR2, RR1, RR1/2, LDR-1, LDR-2	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Aviary	C	--	--	--	--
Aviary	NC	AG, RM, RR5, RR2, RR1, RR1/2	50 birds per acre; more than 50 per Approval Authority	½ Acre	A
Animal Rescue	C/NC	AG, RR5, RR2, RR1, RR1/2, BP, HI	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Petting Zoo	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	LDR-1, LDR-2, LMDR,MDR, MHDR, HDR	A total of 5 large and medium animals of any combination. This does not include crowing fowl.	1 acre	As otherwise permitted for each animal type permitted herein
A. Animals must be kept and maintained in an enclosed area, located not less than 20 feet from any property line and at least 50 feet from any residence existing at the time such use is established. B. Lots must be a minimum of 100 feet in width. C. Animals must be kept in the rear yard. D. Hives must be kept at least 50 feet away from any highways, roads, streets, public school or park property, or any structure used as a dwelling or as a place of business.

Table 9.235.030-1, Animal Keeping Standards
Types of Animals/Use	Commercial (C) or Non- Commercial (NC)	Zones Permitted	Max Number of Animals per Site	Min Lot Size	Setbacks and Standards (See Table Footnotes)
Small Animals (e.g. hamsters, rabbits, chinchillas, and similar sized animals)	C	AG, RM, RR5, RR2, RR1, RR1/2	Per Approval Authority	1 acre	A
	NC	All Zones	30	--	A
Medium Animals (e.g. sheep, goats, pigs, and similar sized animals)	C	AG, RM, RR5, RR2	Per Approval Authority	1 acre	A, B
	NC	AG, RM, RR5, RR2, RR1, RR1/2	2 animals per ½ acre	½ acre	A
	NC	LDR-1, LDR-2	1	7,200 SF	A
Large Animals (e.g. cows, horses, camels, llamas, and other similar sized animals)	C	AG, RR5, RR2	5 animals per acre	2 acres	A, B
	NC	AG, RM, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
	NC	RR1/2, LDR-1, LDR-2	2 animals per 20,000 sq. ft. , maximum 4 animals	1 acre	A, B
Non-Crowing Fowl (hens, ducks, etc.)	C	--	--	--	--
	NC	AG, RR5, RR2, RR1	12	20,000 sq. ft.	A, C
		AG, RR5, RR2, RR1	50	40,000 sq. ft.	A, C
		RM, RR1/2, LDR-1, LDR-2	4	7,200 sq. ft.	A, C
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	C	--	--	--	--
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	NC	AG, RR5, RR2, RR1	1	1 acre	A, C
Kennels and Catteries	C/NC	AG, RR5, RR2, RR1, RR1/2	See classifications and 9.235.050	1 acre	9.235.050
Kennels and Catteries	C/NC	BP, HI	See classifications and 9.235.050	--	9.235.050
Stables/Boarding of Large Animals, Riding Academies	C	AG, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
Aquaculture (commercial raising of fish, frogs, shellfish, algae, etc.)	C	AG, RR5, RR2	Per Approval Authority	1 acre	A
Apiary (beekeeping)	C	AG, RM, RR5	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Apiary (beekeeping)	NC	AG, RM, RR5, RR2, RR1, RR1/2, LDR-1, LDR-2	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Aviary	C	--	--	--	--
Aviary	NC	AG, RM, RR5, RR2, RR1, RR1/2	50 birds per acre; more than 50 per Approval Authority	½ Acre	A
Animal Rescue	C/NC	AG, RR5, RR2, RR1, RR1/2, BP, HI	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Petting Zoo	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	LDR-1, LDR-2, LMDR,MDR, MHDR, HDR	A total of 5 large and medium animals of any combination. This does not include crowing fowl.	1 acre	As otherwise permitted for each animal type permitted herein
A. Animals must be kept and maintained in an enclosed area, located not less than 20 feet from any property line and at least 50 feet from any residence existing at the time such use is established. B. Lots must be a minimum of 100 feet in width. C. Animals must be kept in the rear yard. D. Hives must be kept at least 50 feet away from any highways, roads, streets, public school or park property, or any structure used as a dwelling or as a place of business.

Table 9.235.030-1, Animal Keeping Standards
Types of Animals/Use	Commercial (C) or Non- Commercial (NC)	Zones Permitted	Max Number of Animals per Site	Min Lot Size	Setbacks and Standards (See Table Footnotes)
Small Animals (e.g. hamsters, rabbits, chinchillas, and similar sized animals)	C	AG, RM, RR5, RR2, RR1, RR1/2	Per Approval Authority	1 acre	A
	NC	All Zones	30	--	A
Medium Animals (e.g. sheep, goats, pigs, and similar sized animals)	C	AG, RM, RR5, RR2	Per Approval Authority	1 acre	A, B
	NC	AG, RM, RR5, RR2, RR1, RR1/2	2 animals per ½ acre	½ acre	A
	NC	LDR-1, LDR-2	1	7,200 SF	A
Large Animals (e.g. cows, horses, camels, llamas, and other similar sized animals)	C	AG, RR5, RR2	5 animals per acre	2 acres	A, B
	NC	AG, RM, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
	NC	RR1/2, LDR-1, LDR-2	2 animals per 20,000 sq. ft. , maximum 4 animals	1 acre	A, B
Non-Crowing Fowl (hens, ducks, etc.)	C	--	--	--	--
	NC	AG, RR5, RR2, RR1	12	20,000 sq. ft.	A, C
		AG, RR5, RR2, RR1	50	40,000 sq. ft.	A, C
		RM, RR1/2, LDR-1, LDR-2	4	7,200 sq. ft.	A, C
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	C	--	--	--	--
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	NC	AG, RR5, RR2, RR1	1	1 acre	A, C
Kennels and Catteries	C/NC	AG, RR5, RR2, RR1, RR1/2	See classifications and 9.235.050	1 acre	9.235.050
Kennels and Catteries	C/NC	BP, HI	See classifications and 9.235.050	--	9.235.050
Stables/Boarding of Large Animals, Riding Academies	C	AG, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
Aquaculture (commercial raising of fish, frogs, shellfish, algae, etc.)	C	AG, RR5, RR2	Per Approval Authority	1 acre	A
Apiary (beekeeping)	C	AG, RM, RR5	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Apiary (beekeeping)	NC	AG, RM, RR5, RR2, RR1, RR1/2, LDR-1, LDR-2	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Aviary	C	--	--	--	--
Aviary	NC	AG, RM, RR5, RR2, RR1, RR1/2	50 birds per acre; more than 50 per Approval Authority	½ Acre	A
Animal Rescue	C/NC	AG, RR5, RR2, RR1, RR1/2, BP, HI	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Petting Zoo	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	LDR-1, LDR-2, LMDR,MDR, MHDR, HDR	A total of 5 large and medium animals of any combination. This does not include crowing fowl.	1 acre	As otherwise permitted for each animal type permitted herein
A. Animals must be kept and maintained in an enclosed area, located not less than 20 feet from any property line and at least 50 feet from any residence existing at the time such use is established. B. Lots must be a minimum of 100 feet in width. C. Animals must be kept in the rear yard. D. Hives must be kept at least 50 feet away from any highways, roads, streets, public school or park property, or any structure used as a dwelling or as a place of business.

Table 9.235.030-1, Animal Keeping Standards
Types of Animals/Use	Commercial (C) or Non- Commercial (NC)	Zones Permitted	Max Number of Animals per Site	Min Lot Size	Setbacks and Standards (See Table Footnotes)
Small Animals (e.g. hamsters, rabbits, chinchillas, and similar sized animals)	C	AG, RM, RR5, RR2, RR1, RR1/2	Per Approval Authority	1 acre	A
	NC	All Zones	30	--	A
Medium Animals (e.g. sheep, goats, pigs, and similar sized animals)	C	AG, RM, RR5, RR2	Per Approval Authority	1 acre	A, B
	NC	AG, RM, RR5, RR2, RR1, RR1/2	2 animals per ½ acre	½ acre	A
	NC	LDR-1, LDR-2	1	7,200 SF	A
Large Animals (e.g. cows, horses, camels, llamas, and other similar sized animals)	C	AG, RR5, RR2	5 animals per acre	2 acres	A, B
	NC	AG, RM, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
	NC	RR1/2, LDR-1, LDR-2	2 animals per 20,000 sq. ft. , maximum 4 animals	1 acre	A, B
Non-Crowing Fowl (hens, ducks, etc.)	C	--	--	--	--
	NC	AG, RR5, RR2, RR1	12	20,000 sq. ft.	A, C
		AG, RR5, RR2, RR1	50	40,000 sq. ft.	A, C
		RM, RR1/2, LDR-1, LDR-2	4	7,200 sq. ft.	A, C
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	C	--	--	--	--
Crowing Fowl (e.g. roosters, turkeys, peacocks, etc.)	NC	AG, RR5, RR2, RR1	1	1 acre	A, C
Kennels and Catteries	C/NC	AG, RR5, RR2, RR1, RR1/2	See classifications and 9.235.050	1 acre	9.235.050
Kennels and Catteries	C/NC	BP, HI	See classifications and 9.235.050	--	9.235.050
Stables/Boarding of Large Animals, Riding Academies	C	AG, RR5, RR2, RR1	5 animals per acre	1 acre	A, B
Aquaculture (commercial raising of fish, frogs, shellfish, algae, etc.)	C	AG, RR5, RR2	Per Approval Authority	1 acre	A
Apiary (beekeeping)	C	AG, RM, RR5	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Apiary (beekeeping)	NC	AG, RM, RR5, RR2, RR1, RR1/2, LDR-1, LDR-2	1 Hive for every 7,200 sq. ft.	7,200 sq. ft.	D
Aviary	C	--	--	--	--
Aviary	NC	AG, RM, RR5, RR2, RR1, RR1/2	50 birds per acre; more than 50 per Approval Authority	½ Acre	A
Animal Rescue	C/NC	AG, RR5, RR2, RR1, RR1/2, BP, HI	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Petting Zoo	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	AG, RR5, RR2, RR1, RR1/2	As otherwise permitted for each animal type permitted herein	1 acre	As otherwise permitted for each animal type permitted herein
Future Farmers of America and 4-H Programs	C/NC	LDR-1, LDR-2, LMDR,MDR, MHDR, HDR	A total of 5 large and medium animals of any combination. This does not include crowing fowl.	1 acre	As otherwise permitted for each animal type permitted herein
A. Animals must be kept and maintained in an enclosed area, located not less than 20 feet from any property line and at least 50 feet from any residence existing at the time such use is established. B. Lots must be a minimum of 100 feet in width. C. Animals must be kept in the rear yard. D. Hives must be kept at least 50 feet away from any highways, roads, streets, public school or park property, or any structure used as a dwelling or as a place of business.

A.
Animals may be kept on any residentially zoned property in the maximum numbers identified in this chapter, provided the keeping of said animals does not constitute a nuisance.
B.
It shall be unlawful to keep a number of animals exceeding the numbers set out in this chapter, except as may be otherwise allowed by the approval authority.
C.
Approval Authority Conditions. The Approval Authority may require fencing and landscaping of the parcel and limits on the number of animals to ensure the use is compatible with the surrounding area.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.235.040 Fowl

Development Standards. No keeping of Fowl shall be allowed unless it complies with the following standards:
1. The proposed use must conform to all the requirements of the Menifee General Plan.
2. The lot is zoned for the keeping or raising of fowl as a permitted use and subject to the restrictions of the zone.
3. The fowl shall be kept in an enclosed area located not less than 20 feet from any property line and not less than 50 feet from any residence and shall be maintained on the rear portion of the lot in conjunction with a residential use. To mitigate potential noise and to avoid the creation of a public nuisance due to noise, the enclosed area shall be constructed, and the crowing fowl shall be maintained, as follows:
  1. The fowl shall be kept in a solid walled acoustical enclosure with a solid roof attached to all perimeter walls of the enclosure.
  2. Fowl shall be confined inside the walled and roofed enclosure between the hours of 8:00 p.m. and 6:00 a.m. each day.
  3. The walled and roofed enclosure shall be completely screened, except for its entry, by landscaping, including trees and shrubbery.
  4. Any noise escaping from the enclosure shall not interfere with a reasonable person's use and enjoyment of his or her real property.
4. All of the development standards of the zone in which the fowl is located shall be met.
5. Findings are made by the Community Development Director that there is no adverse impact on the public health, safety or welfare.

Effective on: 1/1/1901

9.235.050 Kennels

Kennels may be for commercial or noncommercial purposes, including for raising of guard dogs, care animals, rescue animals, and breeding and boarding.
The following classes of kennels are allowed in the following zones pursuant to Table 9.235.050-1, pursuant to the following development standards:

Table 9.235.050-1, Kennel Classes and Allowed Zoning
Class of Kennels	Zones Where Allowed	Maximum Number of Animals per Site	Minimum Lot Size for Keeping Such Animals	Kennel Definitions
No Kennel	All zones	1–4 dogs	--	One to 4 dogs on a property is allowed without a Conditional Use Permit issued from the Community Development Department.
Class I Kennel	AG, RM, RR5, RR2, RR1, RR½, LDR-1, LDR-2	5–10 dogs	1 acre	Any building, structure, enclosure or premises whereupon, or within which, 5 to 10 dogs, four months or older of age, are kept or maintained. A Class I Kennel shall not include a sentry dog kennel.
Class II Kennel/Cattery	AG, RR5, RR2, RR1, RR½, BP, HI, EDC	11–25 dogs 10–25 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premise, whereupon, or within which, 11 to 25 dogs, four months of age or older, or 10 to 25 cats are kept or maintained.
Class III Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	26–40 dogs 26–40 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs or cats, four months or older of age, are kept or maintained.
Class IV Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	41 or more dogs or cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months or older of age, or 41 or more cats, are kept or maintained.
Sentry Dog Kennel	AG, RR5, RR2, RR1, BP, HI, EDC	5 or more dogs	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 5 or more guard, or sentry dogs are kept or maintained. A sentry dog is any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog."

Table 9.235.050-1, Kennel Classes and Allowed Zoning
Class of Kennels	Zones Where Allowed	Maximum Number of Animals per Site	Minimum Lot Size for Keeping Such Animals	Kennel Definitions
No Kennel	All zones	1–4 dogs	--	One to 4 dogs on a property is allowed without a Conditional Use Permit issued from the Community Development Department.
Class I Kennel	AG, RM, RR5, RR2, RR1, RR½, LDR-1, LDR-2	5–10 dogs	1 acre	Any building, structure, enclosure or premises whereupon, or within which, 5 to 10 dogs, four months or older of age, are kept or maintained. A Class I Kennel shall not include a sentry dog kennel.
Class II Kennel/Cattery	AG, RR5, RR2, RR1, RR½, BP, HI, EDC	11–25 dogs 10–25 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premise, whereupon, or within which, 11 to 25 dogs, four months of age or older, or 10 to 25 cats are kept or maintained.
Class III Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	26–40 dogs 26–40 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs or cats, four months or older of age, are kept or maintained.
Class IV Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	41 or more dogs or cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months or older of age, or 41 or more cats, are kept or maintained.
Sentry Dog Kennel	AG, RR5, RR2, RR1, BP, HI, EDC	5 or more dogs	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 5 or more guard, or sentry dogs are kept or maintained. A sentry dog is any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog."

Table 9.235.050-1, Kennel Classes and Allowed Zoning
Class of Kennels	Zones Where Allowed	Maximum Number of Animals per Site	Minimum Lot Size for Keeping Such Animals	Kennel Definitions
No Kennel	All zones	1–4 dogs	--	One to 4 dogs on a property is allowed without a Conditional Use Permit issued from the Community Development Department.
Class I Kennel	AG, RM, RR5, RR2, RR1, RR½, LDR-1, LDR-2	5–10 dogs	1 acre	Any building, structure, enclosure or premises whereupon, or within which, 5 to 10 dogs, four months or older of age, are kept or maintained. A Class I Kennel shall not include a sentry dog kennel.
Class II Kennel/Cattery	AG, RR5, RR2, RR1, RR½, BP, HI, EDC	11–25 dogs 10–25 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premise, whereupon, or within which, 11 to 25 dogs, four months of age or older, or 10 to 25 cats are kept or maintained.
Class III Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	26–40 dogs 26–40 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs or cats, four months or older of age, are kept or maintained.
Class IV Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	41 or more dogs or cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months or older of age, or 41 or more cats, are kept or maintained.
Sentry Dog Kennel	AG, RR5, RR2, RR1, BP, HI, EDC	5 or more dogs	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 5 or more guard, or sentry dogs are kept or maintained. A sentry dog is any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog."

Table 9.235.050-1, Kennel Classes and Allowed Zoning
Class of Kennels	Zones Where Allowed	Maximum Number of Animals per Site	Minimum Lot Size for Keeping Such Animals	Kennel Definitions
No Kennel	All zones	1–4 dogs	--	One to 4 dogs on a property is allowed without a Conditional Use Permit issued from the Community Development Department.
Class I Kennel	AG, RM, RR5, RR2, RR1, RR½, LDR-1, LDR-2	5–10 dogs	1 acre	Any building, structure, enclosure or premises whereupon, or within which, 5 to 10 dogs, four months or older of age, are kept or maintained. A Class I Kennel shall not include a sentry dog kennel.
Class II Kennel/Cattery	AG, RR5, RR2, RR1, RR½, BP, HI, EDC	11–25 dogs 10–25 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premise, whereupon, or within which, 11 to 25 dogs, four months of age or older, or 10 to 25 cats are kept or maintained.
Class III Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	26–40 dogs 26–40 cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs or cats, four months or older of age, are kept or maintained.
Class IV Kennel/Cattery	AG, RR5, RR2, RR1, BP, HI, EDC	41 or more dogs or cats	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months or older of age, or 41 or more cats, are kept or maintained.
Sentry Dog Kennel	AG, RR5, RR2, RR1, BP, HI, EDC	5 or more dogs	1 acre (or as noted in Section C below)	Any building, structure, enclosure or premises whereupon, or within which, 5 or more guard, or sentry dogs are kept or maintained. A sentry dog is any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog."

Development and Operations Standards.
1. Residency. In agricultural, rural and residential zones permitting kennels, such kennels may be placed upon parcels containing detached single-family dwelling units. All Class II Kennels and above shall include a single-family dwelling to be used by a live-in caretaker. Notwithstanding any provision within this ordinance to the contrary, no parcel with a kennel or cattery shall contain more than the maximum number of detached single-family dwelling units permitted by the existing zoning on the property. Multi-family dwelling units and attached single-family dwelling units shall not be permitted in conjunction with kennels or catteries, provided, however, that a guest living quarter or accessory dwelling unit shall be permitted in accordance with current City zoning regulations.
2. Minimum Lot Size. The minimum lot size for a kennel or cattery in an agricultural, residential or rural zone is 1 acre (gross). There is no minimum lot size for a kennel or cattery in a business park or industrial zone other than what is required by the existing zoning on the property.
3. License. The applicant shall obtain and continuously maintain all necessary licenses as adopted by the City.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.235.060 Miniature Pigs

Any person owning or having charge, care, custody or control of any miniature pig shall keep such pig exclusively upon his or her own premises, provided, however, that such pig may be off such premises if under restraint of a competent person.
The miniature pig must be kept in an enclosure that is no closer than 30 feet from the front property line, 15 feet from any side or rear property line and no closer than 35 feet from any dwelling unit other than the dwelling unit on the subject lot.

Effective on: 1/1/1901

9.235.070 Animal Maturity

The provisions of this chapter apply to mature breeding stock, maintenance stock and similar farm stock, and shall not apply to the offspring thereof, if such offspring are being kept, fed or maintained solely for sale, marketing or slaughtering at the earliest practical age of maturity.
Whenever any section of this ordinance requires a determination as to the maturity of animals, the following periods of time shall be used to establish the age of maturity:
1. Birds: 6 months
2. Cattle: 18 months
3. Fowl and poultry: 2 months
4. Goats: 9 months
5. Horses: 24 months
6. Pigs: 8 months
7. Sheep: 9 months
8. Other small farm animals: 6 months

Effective on: 1/1/1901

9.235.080 Animal Grazing

There shall be no limit to the permissible number of goats or sheep which may be grazed per acre when the grazing is for the purpose of cleaning up unharvested crops or weed abatement, provided that such grazing is not conducted for more than 4 weeks in any 6 month period.

Effective on: 1/1/1901

9.240.010 Purpose

Effective on: 1/1/1901

9.240.020 Applicability

Effective on: 1/1/1901

9.240.030 Motor Vehicle and Related Uses – General

The following regulations shall apply to all motor vehicle and related uses.

Hours of operation shall be limited to no earlier than 6:00 a.m. and no later than 10:00 p.m., unless specifically approved otherwise. The hours of operation for gas stations may exceed these general limits where established as part of the conditions of approval.
The sound emanating from all motor vehicle and related uses shall be subject to all the applicable noise control regulations of Section 9.255.060 (Noise Control Regulations) of this Title.
Exterior amplified sound systems are prohibited within 100 feet of a non-commercial use.
The property owner and/or individual responsible for said property shall take all steps necessary to ensure individuals shall not loiter upon the property before and after regularly established business hours.
Persons engaged in the delivery of motor vehicles for storage, sales, rental, display or repair shall not stop or park within any public rights-of-way(ROW) to off-load such vehicles without having an approved encroachment permit.
Access and onsite circulation shall be reviewed and approved by the City Engineer to ensure traffic flow from the public right-of-way onto the site, or traffic flow from the site, does not create a hazardous situation.
Appropriate best management practices shall be constructed and/or practiced to ensure any vehicle fluids do not leave the site and do not contaminate soil.
Dismantling of stored and/or parked vehicles shall be expressly prohibited within the public view, unless specifically approved otherwise.

Effective on: 1/1/1901

9.240.040 Vehicle Rentals

The following regulations shall apply to all vehicle rental uses, including trailer and recreational vehicle rental, truck and trailer rental, boat rental, equipment rental and motorcycle rental.

Repairs, except incidental replacement/repair including such activities as the installation of windshield wiper blades or batteries or comparable activity, shall be prohibited, unless combined with a reviewed and approved repair facility subject to the regulations set forth in Section 9.240.070 (Vehicle Repairs and Service)
Rental vehicles shall not be displayed in the customer/employee parking area, drive aisles or other portions of the property not designed for vehicle display.
Vehicles stored outside not displayed for rental purpose shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage).
Vehicle storage or display is prohibited in the public right-of-way.

Effective on: 1/1/1901

9.240.050 Vehicle Sales

The following regulations shall apply to all vehicle sales uses, including trailer and recreational vehicle sales, truck sales, boat sales, equipment sales and motorcycle sales.

General Requirements.
1. Vehicles shall only be displayed for sale in approved display areas. Vehicles for sale shall not be displayed in the customer/employee parking area, drive aisles or other portions of the property not designed for vehicle display per an approved plot plan or conditional use permit.
2. On-site circulation shall be reviewed and approved by the City Engineer to ensure vehicle circulation through the site is safe and that the placement of the vehicle display areas does not interfere with the flow of vehicles to designated parking stalls.
3. Sufficient space shall be provided for service drop-offs to prevent stacking of waiting vehicles onto a public street.
4. Vehicles in inventory shall not be parked on the public right-of-way.
5. Repairs shall be conducted within an enclosed building. Repair facilities included with vehicle sales shall be reviewed and approved subject to the regulations set forth in Section 9.240.070 (Vehicle Repairs and Service).
6. On-site vehicle painting is prohibited.
7. Outdoor storage of new or used tires is prohibited.
8. Vehicle storage may be permitted as incidental to the primary use and shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage). Vehicles displayed for sale in approved display areas are not subject to screening requirements.
9. When located adjacent to a property with a residential land use designation, a block wall of not less than 6 feet in height shall be required along the entire length of the property line. The block wall shall be reduced to the maximum height allowed within the required front yard setback and as necessary to meet intersection sight distance requirements. Any gate(s) shall be constructed of materials to prevent view of the stored materials within the walled and gated area.
Landscape Standards. The following standards shall be applied to all new automobile, motorcycle and truck dealerships or to substantial alterations to existing automobile, motorcycle and truck dealerships:
1. Display areas. A minimum 5-foot-wide planter area/island shall be required at the end of all display area lanes adjacent to the main entry drive lane. An additional 1-foot strip, made of concrete or other materials acceptable to the Community Development Director, shall be located next to the curb immediately adjacent to the end display parking space. Such landscape islands shall have a mixture of trees, shrubs and ground cover and shall have an automatic irrigation system consistent with Chapter 9.195 (Landscaping Standards).
2. Street frontages. All portions of the property which have street frontage shall meet one of the following criteria:
  1. A minimum of 12 feet of landscaping shall be provided, measured from the property line to the display area length and shall be surrounded by drought-tolerant, low-growing shrubs and ground cover; or
  2. A minimum of 20 feet of landscaping shall be provided, measured from the property line to the display area, with the display area allowed to encroach into 8 feet of the landscape area.
    1. Display areas shall be of pervious hardscape, a maximum of 20 feet in length, and shall be surrounded by drought-tolerant, low-growing shrubs and ground cover.
    2. The number of display areas allowed shall be calculated in the following manner: three display spaces per 100 linear feet of street frontage. Fractional spaces (0.5 and over) shall be rounded up.
    3. No display area shall be located immediately adjacent to another display area. Landscaping shall be provided between display areas.
3. Development adjacent to existing and proposed residential uses. All portions of the property which abut an existing or proposed residential use shall have a minimum 10-foot-wide landscape buffer.
4. All other portions of the property which do not abut a street or existing or proposed residential uses shall have a minimum 5-foot-wide landscape buffer.
5. All customer parking on the site shall be clearly identified, either through special paint (i.e., curb painting) or signage, and shall be subject to the landscape requirements contained in Chapter 9.195 (Landscaping Standards) of the development code.
6. Service bays shall not be visible from a public street and shall be adequately screened from adjacent residential uses.
7. Inventory and vehicle-in-repair storage areas on the site shall be clearly identified and do not need to be internally landscaped. If they are located on the property perimeter or adjacent to residential development or sensitive areas, they shall be screened in the manner discussed above.
Used Motor Vehicle Sales (without the Sales of New Motor Vehicles).
1. The minimum lot width of any site supporting a used motor vehicle sales business shall be 100 feet.
2. The minimum lot area shall be 10,000 square feet.
3. A building containing not less than 200 square feet shall be maintained on the lot supporting the business. The building shall be a permanent structure; modular or portable buildings are not permitted.

Effective on: 1/1/1901

9.240.060 Vehicle Parts and Supply Stores

The following regulations shall apply to all vehicle parts and supply store uses.

Replacement parts and repairs shall not be installed and/or completed by customers or employees of the on-site business in the parking area, drive aisles or unimproved areas of the site.
No vehicle repairs are permitted on-site.

Effective on: 1/1/1901

9.240.070 Vehicle Repairs and Service

On-site circulation shall be reviewed and approved by the City Engineer to ensure on-site circulation upon and through the site is safe and convenient for the patrons and that the placement of the vehicle display areas does not interfere with the flow of vehicles to designated parking stalls.
Repairs shall be conducted within an enclosed building.
Service bay doors shall be oriented away from adjacent properties with a residential land use designation.
Outdoor storage of new or used tires is prohibited.
Vehicle storage may be permitted as incidental to the primary use and shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage).
Vehicles waiting for service or repair shall not be parked in the public right-of-way.
All portions of the property which abut an existing or proposed residential use shall have a minimum 10-foot-wide landscape buffer.
When located adjacent to a property with a residential land use designation, a block wall of not less than 6 feet in height shall be required along the entire length of the property line. The block wall shall be reduced as necessary to the maximum height allowed within the required front yard setback and to meet sight visibility area requirements. Any gate(s) shall be constructed of materials to prevent view of the stored materials within the walled and gated area.
Automobiles and vehicles shall not be stored outside of a building on-site for more than 24 consecutive hours, unless stored in an approved storage area in compliance with the requirements of Section 9.240.080 (Vehicle Storage).

Effective on: 1/1/1901

9.240.080 Vehicle Storage

All vehicle storage yards shall require a principle structure not less than 500 square feet in area from which the business is operated.
Outside vehicle storage shall be confined to the rear of the principal structure(s) or to rear two-thirds of the lot, whichever is more restrictive.
All storage areas shall be screened from public view from any adjoining properties and from the public rights-of-way by appropriately designed walls, fencing and landscaping.
Vehicle storage yards shall maintain the minimum setback requirements for the zone in which the use is located.
All required setbacks shall be landscaped in compliance with Chapter 9.240 (Landscaping Standards).
Vehicle storage yards adjacent to existing and proposed residential uses: All portions of the property which abut an existing or proposed residential use shall have a minimum 10-foot-wide landscape buffer.
A solid wall not less than 6 feet tall made of block, masonry or other similar material shall be constructed and maintained around the perimeter of the use to substantially block the view of the storage yard. The wall shall not encroach into any required setback along a front or street side yard or encroach into any required sight visibility area. Any vehicles not screened shall be operable and in good repair.
Storage areas shall be paved with concrete or asphalt paving. An alternative material may be approved by the City Engineer.

Effective on: 1/1/1901

9.240.090 Drive-Through and Drive-In Facilities

Commercial uses including restaurants, financial institutions, pharmacies or other businesses providing drive-through, drive-up or drive-in facilities shall be subject to the following requirements:

Drive-Through Stacking Length. Stacking lanes for drive-through customers shall be of sufficient length behind a communication stop menu board or drive-up window or teller machine if no prior menu board communication stop is provided, to accommodate at least six vehicles, measuring a minimum of 9 feet by 20 feet per vehicle, unless additional stacking length is required by the approving authority or required pursuant to a site specific traffic management plan. The drive-through aisle shall have a minimum width of 11 feet on the straight sections and 12 feet on curved portions.
Pedestrian walkways should not intersect the drive-through aisles. If pedestrian walkways do cross the drive aisles, they shall be clearly marked with paving or striping.
Vehicle entrances to drive-through businesses shall be located a minimum of 150 feet from the nearest intersection, with 200 feet being the preferred distance, except where the City Engineer determines that an alternate standard can be safely accepted.
Separate queuing and circulation. Separate queuing and circulation shall be provided for drive-through traffic to ensure access for other traffic to parking spaces or exits is not unreasonably obstructed.
Design Characteristics. Drive-through facilities shall be screened from adjacent roads and residential properties through the use of landscape and architectural treatments such as berming, screen walls and bays around the drive aisle. Drive-through lanes shall be oriented away from street. Ordering boxes, speakers and drive lane lighting shall be oriented away from the street. A maximum four-foot-high screen wall shall be required to prevent vehicle lights from impacting on-coming traffic and to provide a screen wall for the pickup window. Landscape screening shall be provided, in addition to the screen wall, in order to soften the effects of the wall and provide additional mitigation for noise and lighting impacts. A pick up window canopy structure shall be provided. Eaves, canopies, porte-cochere and other features shall be integrated into the design of the site and the building and shall utilize similar materials as the other structures on site.
Landscaping. To provide general screening and to shield vehicles and associated headlights in a drive-through lane from view of abutting street rights-of-way, a minimum 5-foot-wide planter shall include a minimum 3-foot-tall (maximum 4-foot-tall) landscape barrier planted with trees and other landscaping consistent with those in the parking area. Trimming and pruning of the landscape barrier shall be performed in a manner that maintains the shielding of vehicle headlights in the drive-through lane from adjacent street rights-of-way.
Hours of Operation. The operation of the drive-through, drive-up or drive-in of any facility located adjacent to a residential district or residential use allowed in the district may only be operational between the hours of 6:00 a.m. and 10:00 p.m. unless otherwise specifically established as a condition of approval. The approval of the required permit may further restrict the hours of operation for such facilities when adjacent to other uses or districts and where modified hours are necessary to mitigate potential adverse impacts related to noise, traffic or lighting.
Speakers. The speakers shall be located so as to protect adjoining residential areas from excessive noise and comply with the limits established in the General Plan.

Effective on: 1/1/1901

9.240.100 Towing Services

The following regulations shall apply to all towing service yards.

Outdoor storage of new or used tires is prohibited.
Vehicle storage may be permitted as incidental to the primary use and shall be screened from view in compliance with Section 9.240.080 (Vehicle Storage).
No service or repairs shall be made to the vehicles, unless specifically approved otherwise and in compliance with the requirements of Section 9.240.080 (Vehicle Repairs and Service).

Effective on: 1/1/1901

9.240.110 Car Washes

Self-service car washes included with a gas station will be reviewed in conjunction with the gas station conditional use permit, but otherwise, car washes shall comply with the following criteria.

Such businesses shall be located at least 150 feet from any residential structure.
Wash bays and vacuum areas shall be screened from public view.
An attendant shall regularly monitor the facility during business hours to control noise, litter and other nuisances.
Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m., unless otherwise specifically established as a condition of approval. Water and electrical systems shall automatically shut off during non-business hours, except for security and fire protection.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.245.010 Purpose

Effective on: 1/1/1901

9.245.020 Applicability

The requirements of this chapter apply to all bed and breakfast uses.

Effective on: 1/1/1901

9.245.030 Permit Required

All bed and breakfast establishments shall be subject to approval of the specified permit as designated in the Article 3 (Zones), Tables of Allowed Land Uses and Approval Requirements.

Effective on: 1/1/1901

9.245.040 Development and Operational Standards

The facility shall comply with all land use regulations and site development standards of the zoning district in which it is located.
The use shall be incidental to the primary use of the residential structure to ensure compatibility with adjacent residential uses.
The Owner/lessee shall reside in the primary residence and operate the business.
The exterior appearance of the structure shall have a single-family residential character.
Service of meals shall be for registered guests only.
There shall be no separate or additional kitchens for the guests.
No guest shall stay more than fourteen consecutive days in any thirty-day period.
All bed and breakfasts shall be subject to the City’s hotel/motel transient occupancy tax.
Bed and breakfasts shall meet all requirements of the City fire department and County health department.
The bed and breakfasts shall be developed on a site that has a minimum lot size of 40,000 square feet.
No receptions, private parties or similar activities for which a fee is paid shall be permitted.

Effective on: 1/1/1901

9.250.010 Purpose

Effective on: 1/1/1901

9.250.020 Applicability

The requirements of this chapter apply to all alcohol sales, service and manufacturing uses.

Effective on: 1/1/1901

9.250.030 Permit Required

A.
No person, association, partnership or corporation shall conduct, establish or advertise any alcoholic beverage sales or manufacturing use in the City of Menifee without first applying for and obtaining the required permit/approval in accordance with the applicable zoning regulations of Title 9, Article 3 (Zones), the Tables of Allowed Uses and Approval Requirements, and this Chapter 9.250.
B.
All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the California Department of Alcoholic Beverage Control.
C.
Grocery stores, drugstores, specialty markets and discount/department stores in excess of 20,000 square feet (“primary uses”) may offer the incidental sale of beer, wine, and distilled spirits as a permitted use.
D.
Restaurants (bona fide eating establishments), if properly licensed, are permitted to serve beer and wine as a matter of right, but are subject to obtaining a Conditional Use Permit to offer, sell or serve distilled spirits.
E.
Establishments with on-site alcohol beverage sales and consumption that are not bona fide eating establishments (i.e., comedy club, nightclub, dance club, bar, tasting rooms) shall be subject to the approval of a Conditional Use Permit.
F.
The following activities are exempt from the requirements of this chapter:
1. 1.
  Any special event for which a permit has been issued by the City, provided that the application information for the special event indicates that the sale and/or service of alcoholic beverages will occur and all applicable ABC licenses are obtained.
2. 2.
  Any social gathering within a private residence or business that is not required to be licensed for alcohol sales or services in accordance with the California Alcoholic Beverage Control Act.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.250.040 Findings of Public Convenience or Necessity

The proposed use is consistent with the General Plan and development code.
The proposed use is compatible with the nature, condition and character of adjacent land uses.
The proposed use would not have an adverse effect on adjacent land uses.
The proposed use would not result in an excessive number of similar establishments in close proximity.
The proposed use will be essential or desirable to the public convenience or welfare and will not impair the integrity and character of the zone district or be detrimental to the public health, safety, morals or welfare.
Notice of hearing shall be given to all owners of property within 1,000 feet of the subject facility, to any elementary school or secondary school district within whose boundaries the facility is located and to any public entity operating a public park or playground within 1,000 feet of the subject facility. The Community Development Director may require that additional notice be given, in a manner the Director deems necessary or desirable, to other persons or public entities.

Effective on: 1/1/1901

9.250.050 Alcoholic Beverage Sales

Liquor stores, convenience stores, service stations or other facilities (except grocery stores or drugstores) selling alcohol for off-site consumption shall not be located within 600 feet as measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution (K-12), day care center or public park. This requirement shall not apply when the alcohol-selling business and the religious or educational institution are both located within commercial or industrial zones.
There shall be only one facility exclusively selling alcohol for off-site consumption in a shopping center or strip mall, except with Planning Commission approval of a Conditional Use Permit.
A retail facility that has as its primary or principal use sales consisting of alcohol and/or liquor products for off-site consumption may not be located closer than 1,000 feet from a similar retail facility, except with Planning Commission approval of a Conditional Use Permit -.
The following additional development standards shall apply to the concurrent sale of motor vehicle fuels and beer and wine for off-premises consumption:
1. Only beer and wine may be sold.
2. The owner of each location and the management at each location shall educate the public regarding driving under the influence of intoxicating beverages, minimum age for purchase and consumption of alcoholic beverages, driving with open containers and the penalty associated with violation of these laws. In addition, the owner and management shall provide health warnings about the consumption of alcoholic beverages. This educational requirement may be met by posting prominent signs, decals or brochures at points of purchase. In addition, the owner and management shall provide adequate training for all employees at the location as to these matters.
3. No displays of alcoholic beverages shall be located within 5 feet of any building entrance or checkout counter.
4. No alcoholic beverage advertising shall be located on gasoline islands. No lighted advertising for alcoholic beverages shall be located on the exterior of buildings or within window areas.
5. Employees selling alcoholic beverages between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age.
6. Alcoholic beverages shall be sold from, or displayed in, the main, permanently affixed coolers only.
7. No sale of alcoholic beverages shall be made from a drive-through window.

Effective on: 1/1/1901

9.250.060 Alcoholic Beverage Manufacturing

Businesses manufacturing alcoholic beverages, which have a tasting room, but do not have a bona fide eating establishment (as defined by the California Department of Alcoholic Beverage Control) in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable state and local health and safety requirements and regulations.
Restaurants (bona fide eating establishments) with alcoholic beverage manufacturing on-site as an incidental use shall not be subject to the provisions of this section.
All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they are located.
The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a Temporary Use Permit for a special event, or services outside of regular hours.
On-site alcohol sales shall be limited to product manufactured on-site.
There shall be no admission fee, cover charge or minimum purchase required.
The retail area, including the tasting room, shall not exceed 25 percent of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur.
In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed 50 percent of the total allowable retail area unless approved by the Planning Commission. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements. Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: “No alcohol allowed past this point.”
All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building. The display of alcoholic beverages shall not be located outside of a building or within five feet of any public entrance to the building.
An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 9.215 (Parking and Loading Standards) of the Menifee Zoning Code. For the purposes of calculating parking, the brewing/distilling areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered restaurant.
There shall be no live entertainment, DJs or amplified sound on the alcoholic beverage manufacturer’s licensed premises at any time without issuance of a Conditional Use Permit or Temporary Use Permit.
The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion.
Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer’s licensed premises during the hours of darkness as set forth in Chapter 9.205 (Lighting Standards) of the Menifee Zoning Code.
A security plan in a form satisfactory to the Menifee Police Department shall be submitted to and approved by the Menifee Police Department. The security plan shall be formulated to deter loitering and unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer’s licensed premises.

Effective on: 1/1/1901

9.255.010 Purpose

Effective on: 1/1/1901

9.255.020 Applicability

The following standards apply to all home occupations and home-based business uses.

Effective on: 1/1/1901

9.255.030 Business Registration and Approval Process

Permit Required. A home-based business or home occupation shall not commence operation prior to being approved under Chapter 9.55 (Home Occupation and Home-Based Business Permits) of this ordinance.
License Required. All businesses are required to register for a business license, pursuant to Chapter 5.01 (Business License and Registration Program) of the City of Menifee Municipal Code.

Effective on: 1/1/1901

9.255.040 Development Standards

Number of Businesses.
1. There is a limit of two home occupations per residence.
2. There shall be not more than 1 home-based business on any property.
Employees.
1. Home occupations are limited to only resident employees on the site of a home occupation except for beauty shops and day care uses (large) which may have 1 non-resident employee on the property at any one time.
2. Home-based businesses may have not more than one non-resident employee on the site at any one time.
3. Where non-resident employees are anticipated, one additional parking space shall be provided.
Minimum Lot Size.
1. There is no minimum lot size for home occupations.
2. Home-based businesses require a minimum lot size of 1 acre.
Habitable Floor Area. The use of the dwelling for the home occupation or home-based business shall be clearly incidental and subordinate to its use for residential purposes, but in no case shall it exceed 25 percent of the total floor area on the property.
Off-site Effects. No mechanical equipment or operation shall be used which creates or makes dust, odor, vibration or other effects detectable at the property line. Noise shall comply with the City’s noise ordinance. No process shall be used which is hazardous to public health, safety, morals or welfare.
On-site Sales. No products shall be sold on the premises except the artist’s originals or products individually made to order on the premises.
On-site Production. Products that are not the artist's originals or individually made to order may be constructed on-site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.
Display. Products produced by occupants of the dwelling shall not be displayed so as to be visible in any manner from the outside of the dwelling unit.
Storage. There shall be no outdoor storage or display of business related materials, and storage shall not utilize a required parking space (e.g., within a required garage).
Hazardous Materials. No storage of hazardous materials is permitted beyond normal household use. Businesses that require hazardous chemicals (e.g., pest control, pool cleaning) are not permitted to store the chemicals on-site.
Signs. No signs other than one unlighted identification sign, not more than 2 square feet in area, shall be erected on the premises. No signs shall be placed within 10 feet of the right-of-way. Vehicle with commercial signage other than signage required by State law are not allowed in the front setback.
Traffic/Vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district, nor in any case require the parking of more than two additional vehicles at the home at any one time. No motor vehicle that is used or kept on the premises in conjunction with the home occupation shall exceed two axles or a length of 20 feet. Commercial vehicles are not allowed to be stored in the front yard setback, excluding driveways.
Visitors and Customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, and shall be limited to the hours of 8:00 a.m. to 7:00 p.m.
Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence and not more than one delivery of products or materials a week. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles except for FedEx, UPS, or USPS-type home pickups and deliveries.

Effective on: 1/1/1901

9.255.050 Limitations on Specific Home-Based Businesses

Massage. Certified massage practitioners are permitted if all the following criteria are met:
1. Only one client is on-site at a time and by appointment only.
2. The practitioner must submit proof of a certificate of training from a state-approved school (e.g., Department of Education, Office of Postsecondary Education).
3. The use will not be conducted in such a fashion as to constitute a public nuisance.
Mobile Food Vendor. Mobile food vendor vehicles cannot be parked at a private residence.
Taxicab, Limousine or Pedicab. Taxicab, limousine or pedicab services (not including ridesharing services) shall not be on-call and available for service. No vehicle shall be dispatched from the residence by radio, telephone or other means. Up to 1 vehicle used for such use may be parked at the residence when not in service. There shall be no fleet vehicle storage.

Effective on: 1/1/1901

9.255.060 Prohibited Home Occupations

The following businesses are prohibited to operate as a home occupation or home-based business within the city:

Adult entertainment businesses
Alcohol beverage manufacturing or sales business
Ambulance service
Ammunition reloading, including custom reloading
Boardinghouse, timeshare condominium
Ceramics (involving kiln of 6 cubic feet or more)
Firearms sales, except as allowed by State or Federal law.
Health salons, gyms, dance studios, aerobic exercise studios
Medical, dental, chiropractic or veterinary clinics
Mortician, hearse service
Noncertified massage practitioners
Palm-reading, fortune-telling
Private clubs
Repair or reconditioning of motor vehicles
Retail sales from site (except direct distribution of artist’s originals)
Storage, repair or reconditioning of major household appliances
Storage, repair or reconditioning of motorized vehicles or large equipment on-site
Tattoo and piercing service
Tow truck service

Effective on: 1/1/1901

9.260.010 Purpose

The purpose of this chapter is to establish regulations for outdoor sales, display and dining areas.

Effective on: 1/1/1901

9.260.020 Applicability

The requirements contained in this chapter shall apply to all outdoor sales, display and dining areas.

Effective on: 1/1/1901

9.260.030 Permit Required

The following permit requirements shall be applicable to all outdoor sales, display and dining areas:

Outdoor Sales and Display. Outdoor display of merchandise that is clearly incidental and subordinate to an existing business is allowed as an accessory use without a Temporary Use Permit as long as it meets the requirements for outdoor display in Section 9.260.040 (Development Standards).
Outdoor Dining.
1. An outdoor dining area may be added to an existing permitted facility as an accessory use where the Community Development Director finds that:
  1. The area is less than 200 square feet;
  2. All seating is within 4.5 feet of the building;
  3. There are no permanent exterior improvements;
  4. Alcohol is not served; and
  5. A minimum continuous pavement walkway and clear pedestrian path of not less than 5 feet is maintained.
2. Outdoor dining that does not meet the limitations of subsection B.1 above shall require an amendment to the previously approved permit issued for the primary use and shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). In the absence of a previously approved permit for the primary use, a Minor Plot Plan shall be required in accordance with Chapter 9.80 (Minor Plot Plan).

Effective on: 1/1/1901

9.260.040 Development Standards and Requirements for Outdoor Sales and Dining

A.
Outdoor Merchandise Display. Any outdoor display exhibited in conjunction with the business being conducted within the building may be permitted without a Temporary Use Permit, provided that the display complies with the following regulations:
1. 1.
  The items being displayed shall be of the same types that are lawfully displayed and sold inside the building on the premises, except alcohol.
2. 2.
  The aggregate display area shall not exceed 40 percent of the linear frontage of the storefront or 10 linear feet, whichever is greater.
3. 3.
  Items shall not project more than 4 feet from the storefront.
4. 4.
  No item, or any portion thereof, shall be displayed on public property; provided, however, that items may be displayed within the public right-of-way if an Encroachment Permit has first been procured from the City.
5. 5.
  Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business.
6. 6.
  No item shall be displayed in a manner that causes a safety hazard, obstructs the entrance to any building, interferes with or impedes the flow of pedestrian or vehicle traffic, is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.
7. 7.
  A minimum continuous pavement walkway and clear pedestrian path of not less than 5 feet wide is maintained.
8. 8.
  Single-tenant buildings that are 50,000 square feet or greater (e.g., big box retail stores), may be allowed outdoor merchandise display exceeding the limitations of the above Subsections 9.260.040.A.2, A.3 and A.5, subject to an amendment to the previously approved permit issued for the primary use and shall be processed in accordance with Section 9.30.120 (Modifications to Previously Approved Permits). In the absence of a previously approved permit for the primary use, a Minor Plot Plan shall be required in accordance with Chapter 9.80 (Minor Plot Plan).
B.
Outdoor Dining. The following development standards apply to all outdoor dining areas:
1. 1.
  A clear path of at least 5 feet wide, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public right-of-way and shall be maintained at all times.
2. 2.
  No outdoor dining area shall obstruct the entrance to any building, interfere with or impede the flow of pedestrian or vehicle traffic, or create any other condition that is detrimental to the appearance of the premises or any surrounding property, or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.
3. 3.
  Outdoor dining area furniture, including but not limited to tables, chairs, and umbrellas, shall be of high quality and consistent with the theme of the primary establishment or overall premises.
4. 4.
  An outdoor dining area shall be used only for dining, drinking and circulation, and shall operate only in conjunction with and during the same hours as the adjacent eating and drinking establishment.
5. 5.
  The area within, and adjacent to, the outdoor dining area shall be clean and free of litter at all times.
6. 6.
  Trash or storage areas shall not be located on or adjacent to the public right-of-way.
7. 7.
  Outdoor dining shall be oriented away from adjacent residential uses except as approved by the approving authority.
8. 8.
  Parking shall be in compliance with the standards of Chapter 9.215 (Parking and Loading Standards) for the primary use and any outdoor dining area in excess of 200 square feet.

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

Effective on: 8/16/2025

9.270.010 Purpose

Effective on: 1/1/1901

9.270.020 Applicability

The development standards contained in this chapter shall apply to the following types of care facilities:

Effective on: 1/1/1901

9.270.030 Development Standards

Outdoor Area. An outdoor area not less than 75 square feet per child or person receiving services, but in no case less than 450 square feet in total area, shall be provided. Stationary equipment shall not be located in required street side or front setback areas.
Parking. All on-site parking shall comply with the provisions of Chapter 9.260 (Parking and Loading Standards). Separate entrance and exit points shall be provided to allow vehicles to enter the street in a forward motion where feasible. Adequate off-street parking for residents and employees and passenger loading spaces shall be provided where necessary to avoid on-street parking and passenger drop-off and pickup.
Compatibility. Where facilities are located in residential neighborhoods, the residential character of the neighborhood in which the use is located shall be maintained. To determine compatibility with the residential character of the neighborhood, the facility shall incorporate at least three of the following traits predominant in the neighborhood:
1. Wall covering materials.
2. Roofing material.
3. Roofing pitch.
4. Structural eaves.
5. Mass and scale of structure relative to structural height.
6. Window characteristics.
7. Decorative treatments.

Effective on: 1/1/1901

9.275.010 Purpose

The purpose of this chapter is to establish the regulations related to hookah and cannabis uses in the City of Menifee in order to protect the health, safety and general welfare of the public.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.275.020 Applicability

The requirements of this chapter apply to all hookah and marijuana uses.

Effective on: 1/1/1901

9.275.030 Hookah and Cannabis-Related Use Prohibitions

A.
Purpose and Findings.
1. 1.
  The City Council has found that prohibitions on marijuana cultivation and processing are necessary for the preservation and protection of the public health, safety and welfare for the city and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council under state law. On October 9, 2015, the governor signed the Medical Marijuana Regulation and Safety Act (MMRSA) into law. The MMRSA contains new statutory provisions that:
  1. a.
    Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana outdoors and their intent not to administer a conditional permit program pursuant to enact reasonable regulations to regulate the cultivation of cannabis within a single private residence or inside an accessory structure to a private residence that is fully enclosed and secure California Health and Safety Code Section 11362.777 for the cultivation of cannabis (California Health and Safety Code Section 11362.7772(b)(1-3)).
  2. b.
    Expressly provide that the MMRSA does not supersede or limit local authority of local law enforcement activity, enforcement of local ordinances or enforcement of local permit or licensing requirements regarding cannabis (California Business and Professions Code Section 1931526200(a)).
  3. c.
    Expressly provide that the MMRSA does not limit the authority or remedies of a local government under any provision of law regarding cannabis, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (California Business and Professions Code Section 1931626200(a)).
2. 2.
  The Adult Use of Marijuana Act (AUMA) was approved by the voters on November 8, 2016 and took effect the day after the election. The AUMA decriminalized for state law purposes specified personal use and cultivation of non-medical cannabis and established a state regulatory and licensing program for non-medical cannabis commercial cultivation, testing, distribution and manufacturing. Under the AUMA, the City retains the ability to prohibit indoor non-medical cannabis cultivation of more than six plants per residence, place reasonable restrictions on the indoor cultivation of six plants or fewer, prohibit outdoor cultivation, ban smoking/possession of cannabis on City owned or leased property, ban or regulate all entities in the stream of commerce (dispensaries, distributors, manufacturers, commercial cultivators, etc.) and establish additional taxes on recreational cannabis. (California Health and Safety Code Section 11362.2(b)(1-3)).
3. 3.
  The City Council found that the provisions of this chapter:
  (Ord. 2015-188, passed 1-20-2016; Am. Ord. 2017-230, passed 12-20-2017)
  1. a.
    Express its intent to prohibit the cultivation and processing of cannabis in the city, except as allowed by the AUMA.
  2. b.
    Exercise its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing or other entitlement of the activities prohibited by this chapter.
  3. c.
    Exercise its police power to enact and enforce regulations for the public benefit, safety and welfare of the city and its community.
B.
Prohibited Activities.
1. 1.
  Cannabis Dispensaries Prohibited. Cannabis dispensaries and medical cannabis dispensaries are prohibited in the City of Menifee pursuant to Chapter 5.50 of this code.
2. 2.
  Mobile Cannabis Dispensaries Prohibited. Mobile cannabis dispensaries are prohibited in the City of Menifee pursuant to Chapter 5.60 of this code.
3. 3.
  Cannabis Delivery Prohibited.
  1. a.
    No person shall deliver cannabis to any location within the city from a mobile cannabis dispensary, regardless of where the mobile cannabis dispensary is located, or engage in any operation for this purpose.
  2. b.
    No person shall deliver any cannabis-infused product such as tinctures, baked goods or other consumable products to any location within the city from a mobile cannabis dispensary, regardless of where the mobile cannabis dispensary is located, or engage in any operation for this purpose.
4. 4.
  Cannabis Cultivation and Processing. Cannabis cultivation and processing shall be prohibited activities in Menifee, except where the City is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit or any other entitlement, license or permit, whether administrative or discretionary, shall be approved or issued for the activities of cannabis cultivation and cannabis processing in the city, and no person shall otherwise establish or conduct such activities in the city, except where the City is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit or any other entitlement, license or permit is sought. All commercial cannabis activities, including, but not limited to, individual sales, cooperatives, dispensaries, cultivation and deliveries, are expressly prohibited in Menifee. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the city.
5. 5.
  Hookah Lounges and Cannabis Cafes. Hookah lounges and cannabis cafes are prohibited within the city.
C.
Personal Use. If an individual is 21 years of age or older, he or she may engage in the indoor cultivation of six or fewer cannabis plants, pursuant to California Health and Safety Code Sections 11362.1(a)(3) and 11362.2(a)(2), as may be amended from time to time. However, the cannabis plants may not be visible to the public and must be kept in a secure, locked space within the individual’s private residence when not in use. The indoor cultivation of more than six cannabis plants is prohibited. All outdoor cultivation is prohibited in the city.
D.
Public Nuisance Declared. Any violation of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies.
E.
Violations. Violations of this chapter may be enforced by any means available to the City.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.275.040 Medicinal Cannabis Delivery Service

The standards set forth below shall apply to medicinal cannabis delivery services for physical delivery logistics locations.

A.
Requirements. The following shall be submitted along with the required application.
1. a.
  Permit Required. A Medicinal Cannabis Delivery Service shall not commence operation prior to being approved under Chapter 9.40 (Conditional Use Permit).
2. b.
  License Required. All businesses are required to register for a business license, pursuant to Chapter 5.01 (Business License and Registration Program) of the City of Menifee Municipal Code.
3. c.
  Copies of the applicant’s current M-License from the California Department of Cannabis Control.
4. d.
  Odor Control Management Plan. All applications shall submit an adequate on-site odor control management plan such that all odors resulting from the storage or transport of cannabis and cannabis related products cannot be readily detected from outside of the structure or vehicle in which the business operates.
5. e.
  Safety and Security Plan.
6. f.
  Sensitive Uses Information. The names and addresses of all sensitive uses within 500 feet measured from the property lines of a proposed facility. For business condominiums, this measurement would be taken from the outer boundaries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:
  1. a.
    Residential zones or private residences
  2. b.
    Public or private schools
  3. c.
    Daycare Centers
  4. d.
    Churches
  5. e.
    Public parks
  6. f.
    Youth activity centers
  7. g.
    Any other medicinal cannabis delivery service business
B.
Development Standards.
1. a.
  Dimensions. The cumulative size of all structures associated with a delivery logistics center for Medicinal Cannabis Delivery Service shall not exceed 3,000 square feet of gross building area.
2. b.
  Signs.
  1. i.
    No cannabis or cannabis product may be visible from outside the Medicinal Cannabis Delivery Service fixed location or any delivery vehicles.
  2. ii.
    Signage shall be limited to one wall sign and meet the requirements of Menifee’s Development Code Chapter 9.220 Sign Regulations.
C.
Operation Standards
1. a.
  Hours of Operation. Medicinal Cannabis Delivery Services may only operate during hours authorized by their state license and the Department of Cannabis Control regulations.
2. b.
  Food products. Medicinal Cannabis Delivery Services shall comply with all state laws and regulations with respect to edible products.
3. c.
  Background Check. All owners, operators, partners, investors, employees, and agents must submit to a background check.
4. d.
  All business activities may only occur in a permitted, fully enclosed and secure structure.
5. e.
  Delivery shall be only to qualified Medicinal Cannabis patients or their primary caregivers who possess a valid identification card as described in California Health and Safety Code Section 11362.7.
6. f.
  All business operations must be conducted in conformance with the approved Medicinal Cannabis Delivery Service license and all approved plans included therewith.
7. g.
  Prohibited Activities.
  1. i.
    On-site sales and pick up orders. Medicinal Cannabis Delivery Services shall only conduct sales through delivery. On-site sales or order pick ups are prohibited.
  2. ii.
    Cannabis Paraphernalia Sales. Medicinal Cannabis Delivery Services shall not sell, deliver, or advertise for sale any products other than medicinal cannabis or medicinal cannabis products.
  3. iii.
    A Medicinal Cannabis Delivery Service shall not grow, cultivate, manufacture, or process cannabis.
8. h.
  Site Security.
  1. i.
    Security surveillance cameras and a video recording system must be installed to monitor all doors into and out of the buildings on the site, the parking lot, and all exterior sides of the property adjacent to the public right-of-way. The cameras and recording system must be of adequate quality, color rendition, and a minimum resolution of to allow for the identification of any individual present in the fixed locations of delivery-only medicinal cannabis operations.
  2. ii.
    A professionally and centrally monitored fire, sprinkler, robbery, and burglar alarm systems must be installed and maintained in good working condition at the premises.
D.
Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance and subject to abatement under the laws of Menifee’s Municipal Code and the state of California.
E.
Conflicting Provisions. If any other provisions of the Municipal Code conflict with the provisions of this chapter as it relates to the regulation of land use related to cannabis, this chapter shall be controlling.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.280.010 Purpose

The purpose of this chapter is to establish standards and requirements for recycling facilities.

Effective on: 1/1/1901

9.280.020 Applicability

The requirements contained in this chapter shall apply to the following types of recycling facility uses:

Effective on: 1/1/1901

9.280.030 Permit Required

Permit Required. All recycling facility uses shall be subject to approval of the specified permit as designated in the Article 3 (Zones), Tables of Allowed Land Uses and Approval Requirements.
Exceptions. Reverse vending machines contained within a commercial building and not greater than 50 square feet do not require review and permits under this chapter, provided they comply with all applicable development standards.

Effective on: 1/1/1901

9.280.040 Development and Performance Standards

The following development and performance standards shall apply to all recycling collection and processing facilities.

No Unattended Facilities. All outdoor recycling facilities shall be attended and administered by on-site personnel during the hours the facility is open.
Secured Site. The site shall be secured from unauthorized entry and from deposit or removal of materials when attendants are not present.
Screening. The facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by solid wood or vinyl fence or masonry wall at least 6 feet in height which is buffered by exterior landscaping.
Setbacks. Setbacks from property lines shall be those provided for the zoning district in which the facility is located. The facility shall be buffered by a landscape strip at least 10 feet wide along each property line.
Residential Setback. The facility shall be located at least 150 feet from property zoned or occupied for residential use.
Processing Facilities. Processing facilities shall only be permitted in fully enclosed buildings. There shall be no outdoor storage of equipment or materials of any kind. The facility shall be located at least 150 feet from property zoned for or occupied by a residential use.
Hours of Operation. If the facility is located within 150 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 9:00 a.m.
Containers. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition, or material may be baled or placed on pallets if completely screened from view.
1. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Department.
2. No storage, excluding truck trailers and seagoing cargo containers, shall be visible above the height of the fencing, screening or landscaping.
Site Maintenance. The site shall be maintained free of litter, dust, flies and any other undesirable materials, and cleaned of loose debris on a daily basis.
Containment. No material shall be left outside the recycling containers. The facility shall display a notice stating that no material shall be left outside the recycling containers. The containers shall be clearly marked to identify the type of material that may be deposited.
Signs. Sign criteria shall be those applicable to the zoning district in which the facility is located.
1. The container shall comply with the signage requirements of California Welfare and Institutions Code Section 151.
No Nuisance. The facility shall not create any dust, fumes, smoke, vibration or odor above an ambient level that is detectable on neighboring properties.
Noise. Noise levels shall not exceed 60 dBA (A-weighted decibels) as measured at the property line of an existing residence or zoning district allowing residential land uses and shall not exceed 70 dBA at any other property line.
Posted Information. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs shall meet the standards of the zone, and directional signs may be installed with the approval of the Community Development Department, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
Power Equipment. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for the efficient temporary storage and shipment of material, may be approved at the discretion of the approving authority if noise restrictions and other conditions are met.
Waste Oil. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.285.010 Purpose

Effective on: 1/1/1901

9.285.020 Applicability

The requirements contained in this chapter shall apply to all mobilehome parks.

Effective on: 1/1/1901

9.285.030 Permit Required

Mobilehome park uses shall be subject to approval of the specified permit as designated in the Article 3 (Zones), Tables of Allowed Land Uses and Approval Requirements.

Effective on: 1/1/1901

9.285.040 Development Standards

The following development standards shall apply to all mobilehome parks:

Minimum Site Area. The minimum site area that may be developed for a mobilehome park shall be 5 gross acres.
Mobilehome Park Access. Vehicular access to a mobilehome park shall be provided from a collector/rural collector street or larger.
Mobilehome Lot Access. Vehicular access to all mobilehome lots shall be from internal mobile home park streets.
Minimum Road Widths. Minimum road widths shall be as determined by the City Engineer.
Minimum Mobilehome Space. The minimum size of each space shall be 2,500 square feet. Each space shall have a minimum width of 30 feet.
Recreation. On-site recreation shall be provided at a ratio of not less than 150 square feet per dwelling unit.
Perimeter Setbacks. All mobilehome subdivisions and mobilehome parks shall provide a setback along all adjoining boundary streets equal to the minimum setbacks of the applicable zone, but in no case less than 20 feet along an adjoining street nor less than 15 foot to side and rear setback along all non-street boundaries of the development.
Perimeter Walls. A 6-foot masonry wall shall be erected along all perimeter property lines, except that the wall shall be erected not less than 10 feet from the property line along the street side of the parcel, or the required front yard setback line of the applicable zone district, whichever is greater.
Landscaping. The area between the mobilehome park site perimeter wall and the street shall be planted in ground cover, trees and shrubs. Trees or shrubs shall be planted within a 10-foot strip adjacent to the inside of all boundary walls unless an interior street adjoins a perimeter wall. All trees and shrubs planted shall be of a variety that will grow to a height of not less than 15 feet and shall be planted at intervals so that at maturity the trees or shrubs will provide solid screening of mobilehome park or mobilehome subdivision. All planting shall be maintained in a growing condition. In mobilehome subdivisions, approved provisions shall be required for the continued maintenance of the landscaped common area surrounding the development by a community association composed of the owners of the individual lots or other legal entity providing for participation by the individual lot owners in the responsibility and cost thereof. The association shall have the right to place a lien upon the individual lots for all necessary costs and expenses of maintaining the area.
Opaque Skirt. The area between the ground level and floor level and the unit shall be screened by an opaque skirt.
Auto Storage. Automobile storage space shall be provided as required by Section 18.12 of this ordinance.
Signs. Signs shall be permitted in accordance with the standards of Chapter 9.220 (Sign Regulations) for a multi-family complex.
Modified Standards. The improvement and setback requirements contained in this section may be modified or eliminated when the approving authority finds that due to topographical conditions or property ownership patterns these requirements are impractical and will not serve to protect the present or future welfare of the public.

Effective on: 1/1/1901

9.290.010 Purpose

Enhance the ability of wireless communication service providers to effectively and efficiently provide new wireless communication services in the City of Menifee.
Encourage the design and placement of wireless communication facilities in a way that minimizes their impact to the visual character, health, economic vitality and biological resources of the city.
Encourage and maximize the use of existing and approved wireless communication facilities, buildings and other structures while taking into account the use of concealment technology in order to reduce the number of facilities needed to serve businesses and residents in Menifee.
Ensure continuous maintenance of new and existing wireless communication facilities.
Ensure the timely removal of any unused or outdated wireless communication facilities.

Effective on: 1/1/1901

9.290.020 Applicability

The provisions of this chapter shall apply to all wireless communication facility uses as defined in this Title.
The provisions of this chapter shall not apply to:
1. Any tower or antenna that is owned and operated by a federally licensed amateur radio station operator and is less than 70 feet in total height.
2. Any tower or antenna used for commercial radio or television purposes.
3. Any satellite dish or antenna for private use.
4. Where the tower or antenna is installed and maintained as provided in an approved specific plan.

Effective on: 1/1/1901

9.290.030 Permit Requirements

A.
Minor Conditional Use Permit Required. The following wireless facilities shall require approval of a Minor Conditional Use Permit pursuant to Chapter 9.40 (Conditional Use Permit).
1. 1.
  The placement of wireless communication facilities in any permitted zone as indicated on the allowed use tables of Article 3 (Zones), except as specified in Subsection 9.290.030.B and C.
2. 2.
  The placement of small cell attachments on public and private poles in the public right-of-way.
B.
Minor Plot Plan Required. The placement of co-located wireless communication facilities meeting the following requirements shall require the approval of a Minor Plot Plan pursuant to Chapter 9.80 (Plot Plan) provided the facility:
1. 1.
  Was approved subject to an environmental impact report, negative declaration or mitigated negative declaration.
2. 2.
  Otherwise complies with the requirements of Government Code Section 65850.6(b) for the co-location of wireless telecommunication facilities.
3. 3.
  Such co-location does not increase the height or change the location of the existing wireless telecommunication facility or otherwise change the bulk, size or other physical attributes of the existing permitted wireless telecommunication facility.
C.
Major Conditional Use Permit Required. A Major Conditional Use Permit shall be required for any new stand-alone wireless facility that is not co-located or is not incorporated into an existing building.
D.
Exemptions. The following project activities are exempt from the permit requirements of this chapter. Additional permits and approvals may be required, including building permits.
1. 1.
  Removal of wireless communication facilities.
2. 2.
  Change of antennas on any existing wireless communication facility which does not result in increased visibility of the structure.
E.
Compliance with Other Regulations and Approvals. All wireless communication facilities shall comply with applicable Federal Communications Commission (FCC) rules, regulations and standards and shall comply with the Uniform Building Code, National Electric Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform Fire Code, where applicable.
F.
Authority to Employ Technical Expert. The Community Development Director is explicitly authorized at his or her discretion to employ an independent technical expert to review any submitted supplemental or technical materials or provide technical knowledge to the City. The technical expert shall be agreeable to both the City and the service provider. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. To the extent allowed by law, any proprietary information that is disclosed to the city or any expert hired shall be located in a separate private file, shall remain confidential, and shall not be disclosed to any third party.
G.
Modifications. The approval authority is explicitly authorized and provided the discretion to allow for modifications or variations from the development standards listed in 9.290.060 through 9.290.070, if the approval authority finds:
1. 1.
  That such modification(s) or variation(s) will not result in any adverse incompatibility, noise, visual, or public safety impacts to surrounding properties given the project design and the location of the proposed facility; and
2. 2.
  That the overall intent and purpose of Chapter 9.290 is maintained and preserved.
3. 3.
  For an eligible facilities request, the applicant must specify in writing whether the applicant believes the application is for an eligible facilities request subject to the Spectrum Act, and if so, provide a detailed written explanation as to why the applicant believes that the application qualifies as an eligible facilities request.
H.
Permit Review (“Shot Clock”) Time Periods
1. 1.
  The timeframe for review of an application shall begin to run when the application is submitted but shall be tolled if the City finds the application incomplete and provides notice of incompleteness that delineates the missing information in writing. Such requests shall be made within 30 days of submission of the application. After submission of additional information, the City, will notify the applicant within 10 days of this submission if the additional information failed to complete the application.
2. 2.
  For applications involving an “Eligible Facilities Request” as defined in Chapter 9.305, the City will act on the application within 60 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.
3. 3.
  For applications involving modifications to existing facilities that cannot be classified as an “Eligible Facilities Request”, the City will act on the application within 90 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.
4. 4.
  For applications involving new fixed wireless telecommunication facility sites or neutral host sites (e.g. Distributed Antenna Systems, Small Cell Networks), the City will act on the application within 150 days, adjusted for any tolling due to requests for additional information or mutually agreed upon extensions of time.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.290.040 Effect of Location on Public Property

Whether located on public or private property, wireless communication facilities cannot be constructed unless a permit has first been obtained in accordance with this Title.

Effective on: 1/1/1901

9.290.050 Effect of Encroachment Permit Issuance

An encroachment permit does not, under any circumstances, authorize the construction of wireless communication facilities without obtaining the permits and approvals required by this Title.

Effective on: 1/1/1901

9.290.060 Development Standards – General

All wireless communication facilities shall comply with the following development standards:

Siting.
1. All wireless communication facilities shall be located to maintain applicable easements or similar restrictions on the subject property.
2. Wireless communication facilities shall meet the setbacks of the underlying zone. All setbacks shall be measured from the base of the tower or structure to the applicable property line or structure. Where possible, facilities shall not be situated between the primary building on the parcel and any public or private street adjoining the parcel so as to create a negative visual impact.
3. In residential zones, wireless communication facilities are prohibited on properties containing residences but may be permitted on properties containing churches or other non-residential uses in residential zones only when concealed or disguised and with written consent of the Community Development Director based upon aesthetics, architectural integration, pole height and similar factors as set out herein.
4. Wireless communication facilities must be located so as to avoid precluding the future development of the surrounding property and area.
Height Limitations.
1. The height of the antenna structure shall be no greater than the minimum necessary to provide the required coverage and shall not exceed an overall height of 70 feet as measured pursuant 9.60.040 Building Height Measurements and Exceptions.
2. No new antenna structure that exceeds 15 feet in height shall be installed on an exposed prominent ridgeline greater than 1,350 feet above mean sea level, unless it blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible, or unless it is co-located or disguised on an existing structure.
3. Wireless communication support facilities in areas of high visibility shall be sited below the ridgeline or designed, where possible, to minimize their profile (i.e., placed underground, depressed or located behind berms).
4. A freestanding above ground wireless communication support facility shall be no taller than 15 feet in height.
Stealth, Concealment, Screening, Materials and Design.
1. Antennas shall be constructed of metal or another nonflammable material, unless specifically approved by the City to be otherwise.
2. All buildings, poles, towers, antenna supports, antennas and other components of each wireless communication site shall comprise materials that are of the same color or treated with colors to conceal the equipment, as well as with anti-graffiti paint or coating and vines/plants.
3. Wireless communication support facilities in the public right-of-way shall be constructed of nonreflective materials (visible exterior surfaces only).
4. Freestanding equipment enclosures shall be constructed to look like adjacent structures or facilities typically found in the area and shall adhere to any applicable design guidelines where appropriate. Where there are no structures in the immediate vicinity, equipment closures shall blend with existing naturally occurring elements of the viewing background and shall be screened from view. Screening may include a block wall, wrought iron fence or other effective mechanism, as determined by the Community Development Director.
Vegetation and Landscape Screening, Protection and Maintenance. All equipment enclosures shall be installed in such a manner so as to maintain and enhance existing native and/or landscaped vegetation to screen the facility. The level of screening shall be consistent with the type of facility proposed, its zone and its location. In addition, a landscape screening and maintenance plan or schedule shall be submitted and must contain the items noted below. Notwithstanding, the Community Development Director may consider non-vegetative screening where appropriate and effective. The landscape screening and maintenance plan shall:
1. Comply with the City’s adopted Title 15.04 (Landscape Water Use Efficiency Requirements) and Chapter 9.195 (Landscaping Standards).
2. Indicate all existing vegetation to be maintained and landscaping that is to be installed on the site to control erosion and screen the facility from adjacent land uses and public vistas and to restore vegetation removed or damaged during construction.
3. Provide for the protection of existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/wireless communication line routes from damage to the extent possible, both during the construction period and thereafter.
4. Provide for the repair and replacement of dead or damaged vegetation, watering (as necessary), disease and insect control, pruning and so forth. The provisions of the lease may set out the lessee’s or lessor’s responsibility for such maintenance. In addition, the property owner shall agree to perform such maintenance to the extent the wireless communication service provider does not do so. The property owner shall consent to the City’s entry onto the property to inspect and, as necessary, restore or remove vegetation and to place a lien on the property or on the secured property tax roll for the costs thereof.
Maintenance and Debris Removal. In addition to the provisions for ongoing vegetation and landscape maintenance, the provisions of the lease shall set out the lessee's responsibility for the maintenance of support facilities (i.e., cleaning, painting and specifically the removal of graffiti immediately) as well as the removal of trash and debris from the site. The property owner shall agree to perform such maintenance to the extent the wireless communication service provider does not do so. The property owner shall consent in writing to the City's entry onto the property to inspect and, as necessary, remove debris and graffiti as well as to repair or fence any support facilities which constitute a safety hazard and specifically consent to the City's ability to place a lien on the property or on the secured property tax roll for the repayment of such costs, plus interest, without any further notice thereof.
Lighting. Except as required by State or Federal law, all wireless communication facilities shall be unlit except for a manually operated or motion-detector controlled light above the equipment shed door, which shall be kept off except when personnel are present at night. This requirement is not intended to address interior structure lighting. Any lighting system installed shall also be shielded to the greatest extent possible so as to minimize the negative impact of such lighting on adjacent properties and so as not to create a nuisance for surrounding property owners or a wildlife attractant.
Parking. All wireless communication facilities shall be served by the minimum roads and parking areas necessary to accommodate service vehicles. Existing roads shall be used for access, whenever possible, and be upgraded to the minimum amount necessary to meet standards specified by the Fire Marshal and the Director of Public Works. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent wireless communication facilities and/or other permitted uses. Existing off-site parking areas shall be used whenever possible.
Signage. All freestanding wireless communication sites shall provide unlighted identification signage of not more than 3 square feet in size. The sign shall indicate the name of the company operating the facility and shall provide a phone number to be called in an emergency. Wireless communications facilities and antennas shall not contain or add advertising or signs.
Security. The wireless communications service and property owner shall:
1. Maintain a security program when determined to be necessary by, and subject to the review and approval of, the Menifee Police Department that will prevent unauthorized access and vandalism.
2. Ensure sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce the potential for trespass and injury.

Table 9.290.060-1 ^{(1) (2)}
Type of Facility	All Agricultural, Rural, and Residential Zones	All Commercial, Industrial, and EDC Zones	Open Space and Conservation Zones	Public/Quasi-Public Facilities Zones
Facility mounted on the roof or on/in building or existing structure	Not allowed on properties containing a residential use. Allowed for churches or other non-residential uses when concealed or disguised and with the written consent of the Community Development Director based upon aesthetics, architectural integration, pole height and similar factors as set out herein.	Yes - when concealed or disguised	Not permitted	Yes - when concealed or disguised
Antennas mounted on public facilities (e.g. water tanks, pump stations, or utility poles).	Yes - Same as above	Yes - when concealed or disguised	Not permitted	Yes - when concealed or disguised
Stand alone facilities	Yes - Same as above	Yes - when concealed or disguised	Not permitted	Yes - when concealed or disguised
Colocation ⁽³⁾	Shall be treated in the same manner as original location	Same as original location	Not permitted	Same as original location
For wireless facilities within specific plans, the facilities shall be allowed as indicated in the comparable zoning/land use noted above, unless the specific plan document contains requirements that are more stringent. In the event the City must site a facility where otherwise not allowed in order to provide for coverage or co-location, such siting will require a major conditional use permit. Colocations on existing mono-poles are allowed; however, upgrades to the enclosures, landscaping, or other features shall be required to the extent feasible consistent with the development standards contained in this chapter.

(2022-351, 09/21/2022)

Effective on: 10/21/2022

9.290.070 Development Standards – Small Cell Attachments within the Public Right-of-Way

All small cell attachments on structures or poles in the public right-of-way shall comply with Municipal Code Chapter 14.01 for Small Cell Attachments within the Public Right-of-way.

Effective on: 1/1/1901

9.290.080 Abandoned Sites

Any wireless communication facility that is not continuously operated for a period of 90 consecutive days (3 months) shall be conclusively deemed abandoned except when such non-operation is the result of natural disaster, in which case the period of time shall be 180 days (6 months). The wireless communication service provider shall give written notice to the City at such time as use of the facility ceases.
The wireless communication service provider shall have 60 days after a notice of abandonment is mailed by the City to make the facility operable, replace the facility with an operable facility or completely remove the facility and all supporting facilities and restore the site.
The owner of the property in a safe manner shall remove the facilities and thereafter cause the site to be restored to its original condition (wear and tear excepted) within 180 days of the removal of the facilities. Alternatively, the wireless communication service provider shall provide a letter of credit or cash deposit acceptable to the City which guarantees removal of all such equipment and restoration of the property. Bonds are not considered acceptable security. Any cash deposit shall be held in trust by the City for the express purpose of using the funds for removal of the equipment/facility.
If the owner does not remove the facilities within 60 days of a notice of abandonment, the City may remove or cause to be removed the wireless communication facility at the underlying property owner's expense and place a lien on the property for the cost of such removal as set out in the written consent provided by the property owner.
If there are two or more users of a single facility, the facility shall not be deemed abandoned until all users abandon it.

Effective on: 1/1/1901

9.295.010 Purpose

Effective on: 1/1/1901

9.295.020 Accessory Dwelling Unit and Junior Accessory Dwelling Units

A.
Purpose. The purpose of this section is to establish development standards for accessory dwelling units and to ensure the accessory dwelling unit is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Government Code Section 65852.2.
B.
Applicability. The standards contained in this section shall apply to all accessory dwelling units and junior accessory dwelling units.
C.
Permit Requirements.
1. 1.
  Building Permit Required. Accessory dwelling units and junior accessory dwelling units shall be approved ministerially through building plan check review and the issuance of a building permit and any other non-discretionary permit (e.g., grading permit) that may be required as applicable. Building plan check is not required for use of “City approved Permit Ready Accessory Dwelling Unit Plans”; however, preparation and submission of a site plan for review is required to determine compliance with Planning, Building, Engineering and Fire Code requirements as applicable to the property in which the accessory dwelling unit is proposed. If applicable, a grading plan may also be required as determined by the Public Works Director.
2. 2.
  An application for a permit pursuant to this section shall, notwithstanding Sections 65901 or 65906 of the Government Code or City code requirements for the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The City shall either approve or deny the application to create or serve an accessory dwelling unit or junior accessory dwelling unit within 60 days from the date of receiving a completed application if there is an existing single-family dwelling on the lot. If the permit application to create or serve an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the City may delay approving or denying the permit application for the accessory dwelling unit or junior accessory dwelling unit until the City approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
3. 3.
  If the City denies an application for an accessory dwelling unit or junior accessory dwelling unit within 60 days of the date of receiving a completed application, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
4. 4.
  An application for a permit to create an accessory dwelling unit or junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit.
5. 5.
  Demolition Permit. The review and issuance of a demolition permit for a detached garage that is replaced by an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
6. 6.
  Development Impact Fees. Development impact fees shall not be required for an accessory dwelling unit less than 750 square feet in size. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionally in relation to the square footage of the primary dwelling unit.
7. 7.
  Residential Subdivisions with Multiple Accessory Dwelling Units. Multiple accessory dwelling units proposed in conjunction with single-family dwellings on multiple lots as part of a residential subdivision shall be subject to the Minor Plot Plan Review provisions of Chapter 9.80.
D.
Density and Consistency.
1. 1.
  Accessory dwelling units are not considered for the purposes of evaluating the density requirements established in the General Plan.
2. 2.
  Accessory dwelling units are a residential use that is consistent with the existing General Plan designation and zoning for the lot.
3. 3.
  Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.
E.
Development and Operational Standards.
1. 1.
  Accessory Dwelling Units within an Existing Permitted Structure. Accessory dwelling units located within an existing permitted structure shall comply with all the following standards:
  1. a.
    The lot is zoned to allow single-family or multifamily dwelling residential use and contains no more than one existing or proposed dwelling.
  2. b.
    No other accessory dwelling unit exists or is proposed on the same parcel, except a junior accessory dwelling unit.
  3. c.
    The accessory dwelling unit may be rented. An accessory dwelling unit may also be sold or conveyed separately from the primary residence to a qualified buyer if all of the following apply:
    i.
    The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
    ii.
    There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
    iii.
    The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
    1.
    The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
    2.
    A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.
    3.
    A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer’s principal residence.
    4.
    Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.
    5.
    If the tenancy in common agreement is recorded after December 31, 2021, it shall also include all of the following:
    i.
    Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant’s obligations to each of the other cotenants have been satisfied.
    ii.
    Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.
    iii.
    Procedures for dispute resolution among the parties before resorting to legal action.
    6.
    A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.
    7.
    Notwithstanding Government Code Section 65852.2(f)(2)(A), if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility.
    iv.
    For purposes of this section, the following definitions apply:
    1.
    “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
    2.
    “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
  4. d.
    The accessory dwelling unit shall not be rented for less than a 30-day period.
  5. e.
    The accessory dwelling unit complies with all Building and Safety Code requirements.
  6. f.
    The side and rear yard setbacks are sufficient for meeting fire safety requirements.
  7. g.
    Exterior access to the accessory dwelling unit, independent from the primary dwelling unit, is provided.
  8. h.
    If a garage, carport or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement spaces for the primary dwelling shall not be required.
  9. i.
    The accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary dwelling. Installation of fire sprinklers in the primary dwelling shall not be required due to the construction of an accessory dwelling unit.
  10. j.
    If a private sewage disposal system is used, the applicant has obtained approval from all appropriate agencies.
  11. k.
    Installation of a new or separate utility connection or the collection of a related connection fee or capacity charge is not required.
2. 2.
  Accessory Dwelling Units (Attached and Detached). Accessory dwelling units not located within an existing permitted structure (i.e., new attached and detached structures) shall comply with all the following standards:
  1. a.
    The lot is zoned to allow single-family or multifamily dwelling residential use and contains no more than one existing or proposed dwelling.
  2. b.
    No other accessory dwelling unit exists or is proposed on the same parcel, except a Junior Accessory Dwelling Unit.
  3. c.
    The accessory dwelling unit may be rented. An accessory dwelling unit may also be sold or conveyed separately from the primary residence to a qualified buyer if it meets all of the provisions of Section 9.295.020.E.1.
  4. d.
    The accessory dwelling unit shall not be rented for less than a 30-day period.
  5. e.
    The accessory dwelling unit complies with all Building and Safety Code requirements.
  6. f.
    The maximum total floor area for an attached or detached accessory dwelling unit is 1,500 square feet.
  7. g.
    Accessory dwelling units shall comply with the development standards of the zone in which the property is located, except:
    i.
    Setbacks.
    
    1. Front Setback. The front setback shall be the same as the underlying zoning of the property in which the accessory dwelling unit is proposed, except that application of the front yard setback standard shall not preclude the construction of an accessory dwelling unit, of at least 800 square feet in size with four-foot side and rear yards. The front setback standard may be reduced to the extent necessary to accommodate the accessory dwelling unit.
    
    2. Side and Rear Setback. A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. The above setback requirements shall not apply where an existing permitted accessory structure or structure is converted to an accessory dwelling unit or where the accessory dwelling unit replaces an existing structure provided that the accessory dwelling unit is constructed in the same location and to the same dimensions as the existing structure and that the structure meets fire safety requirements.
    
    The above setback requirements shall not apply where an existing permitted accessory structure or structure is converted to an accessory dwelling unit or where the accessory dwelling unit replaces an existing structure provided that the accessory dwelling unit is constructed in the same location and to the same dimensions as the existing structure and that the structure meets fire safety requirements.
    ii.
    Height.
    
    1. A maximum height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single Family or multifamily dwelling unit.
    
    2. A maximum height of 20 feet for a detached accessory dwelling unit on a lot with an existing or proposed single Family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 211155 of the Public Resources Code.
    
    A maximum height of 25 feet or the height limitation of the zone applicable to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to the primary dwelling.
  8. h.
    Accessory dwelling units shall be located to the rear or side of the primary dwelling, but shall not preclude the construction of an accessory dwelling unit, of at least 800 square feet in size with four-foot side and rear yards.
  9. i.
    Parking shall be provided as follows:
    i.
    One off-street parking space shall be required for the accessory dwelling unit. The space may be uncovered and shall be permitted in setback areas or as tandem parking, unless the location is not feasible based upon specific site or regional topographical or fire and life safety conditions.
    ii.
    Parking for the accessory dwelling unit shall not be required if any of the following conditions are met:
    1.
    The accessory dwelling unit is located within one-half mile walking distance of public transit.
    2.
    The accessory dwelling unit is located within an architecturally and historically significant historic district.
    3.
    The accessory dwelling unit is part of the proposed or existing permitted primary residence or an accessory structure.
    4.
    When on-street parking permits are required but not offered to the occupant(s) of the accessory dwelling unit.
    5.
    When there is a Car-share Vehicle located within one block of the accessory dwelling unit.
    6.
    When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit satisfies all other criteria required in this chapter.
    iii.
    If a garage, carport, or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement spaces are not required.
  10. j.
    Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. Metal and aluminum sided and roofed materials shall only be used as decorative accent finishes and not be used as the primary structural material of the building. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three of the following traits in common with the primary dwelling on-site:
    i.
    Wall covering materials.
    ii.
    Roofing material.
    iii.
    Roofing pitch.
    iv.
    Structural eaves.
    v.
    Mass and scale of structure relative to structural height.
    vi.
    Window characteristics.
    vii.
    Decorative treatments.
  11. k.
    Outside stairways serving an accessory dwelling unit located on a second story shall not be constructed on any building elevation facing a public street, not including alleys.
  12. l.
    Any accessory dwelling unit located more than 150 feet from a public right-of-way shall provide access for emergency vehicles as required by the Fire Marsha
  13. m.
    Prior to issuance of a building permit, the applicant shall grant to the City an irrevocable offer of dedication for any additional right-of-way required to be consistent with the General Plan Circulation Element, or provide for access to the project site, or ensure that previous dedications were properly provided with underlying subdivisions and lot splits (prior to Subdivision Map Act requirements).
  14. n.
    Prior to issuance of a building permit, public improvements may be required where public health, safety or welfare conditions warrant additional improvements.
  15. o.
    Prior to issuance of a building permit, the applicant shall submit to the City Building and Safety Department written certification from the affected water and sewer district(s) that adequate water and sewer facilities are or will be available to serve the proposed accessory dwelling unit. For accessory dwelling units using onsite septic facilities, the City requires a percolation test completed within the last five years, or if the percolation test has been recertified, in the last 10 years. Written certification of acceptability, including all supportive information, shall be submitted to the City Building and Safety Department with any application for a building permit for an accessory dwelling unit.
  16. p.
    Accessory dwelling units shall not be permitted in those areas of the city which have significant problems with regard to water availability or quality, sewage disposal or other public health or safety concerns. Prohibited areas shall include, but not be limited to, those areas where a development moratorium has been imposed, including a moratorium for water or sewer, whether imposed by the City or another public agency with the authority to impose such a development moratorium.
  17. q.
    A new or separate utility connection directly between the accessory dwelling unit and the utility may be required, unless exempt pursuant to Government Code section 65852.2(f)(4). The connection may be subject to a connection fee or a capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either the size of the accessory dwelling unit or the number of its plumbing fixtures.
  18. r.
    The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing single-family or multifamily dwelling.
3. 3.
  Multifamily Accessory Dwelling Units and Accessory Dwelling Units combined with a Junior Accessory Dwelling Unit. Notwithstanding the above, any of the following within a residential or mixed-use zone is allowed subject to ministerial approval of building permit:
  1. a.
    One accessory dwelling unit and one Junior Accessory Dwelling Unit per lot with a proposed or existing single-family dwelling if all of the following apply:
    i.
    The accessory dwelling unit or Junior Accessory Dwelling Unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
    ii.
    The space has exterior access from the proposed or existing single-family dwelling.
    iii.
    The side and rear setbacks are sufficient for fire and safety.
    iv.
    The Junior Accessory Dwelling Unit complies with the requirements of Section 9.295.020.E.4.
  2. b.
    One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a Junior Accessory Dwelling Unit described above, subject to the following conditions on the accessory dwelling unit:
    i.
    A total floor area limitation of not more than 800 square feet.
    ii.
    A height limitation as provided in clause (i), (ii), or (iii) as applicable, of subparagraph (D) of paragraph (2) of subdivision (c).
  3. c.
    Multiple Accessory Dwelling units within portions of existing multifamily structures.
    i.
    Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
    ii.
    At least one accessory dwelling unit within an existing multifamily dwelling, but no more than 25 percent of the existing multifamily dwelling units.
  4. d.
    Multifamily with detached accessory dwelling units.
    i.
    ADUs on multifamily dwellings are subject to the applicable height limitation of this chapter, and rear yard and side setbacks of no more than four feet.
    ii.
    No more than eight new detached accessory dwelling units shall be permitted on a lot that has an existing multi-family dwelling. The number of ADUs shall not exceed the number of existing units on the lot.
    iii.
    No more than two new detached accessory dwelling units on a lot with a proposed multifamily dwelling.
    iv.
    If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this chapter.
4. 4.
  Development and Operational Standards for Junior Accessory Dwelling Units (JADU).
  1. a.
    No more than one JADU is permitted per residential lot zoned for single-family residences, with a single-family residence built, or proposed to be built on the lot.
  2. b.
    JADUs must be constructed entirely within the walled interior area of an existing or proposed primary dwelling. Enclosed uses within the residence, such as an attached garage, are considered part of the proposed or existing single-family residence.
  3. c.
    The JADU shall not be rented for less than a 30-day period.
  4. d.
    The JADU complies with all Building and Safety Code requirements.
  5. e.
    The JADU shall have its own separate entrance from the main entrance of the proposed or existing single-family residence.
  6. f.
    The JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
  7. g.
    The JADU shall not exceed 500 square feet.
  8. h.
    The JADU must include an efficiency kitchen, which shall include the following:
    i.
    A cooking facility with appliances; and
    ii.
    A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
  9. i.
    No additional parking shall be required for a JADU.
  10. j.
    The owner of single-family property on which the JADU is proposed, must execute a covenant and agreement in a form acceptable to the City, stating that either the remaining portion of the primary dwelling or the newly created JADU will be occupied by the property owner. Owner occupancy is not required if the owner is another governmental agency, land trust, or housing organization.
  11. k.
    The owner must record a deed restriction, which shall run with the land, which shall include the following:
    i.
    A prohibition on the sale of the JADU separately from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
    ii.
    A restriction on the size and attributes of the JADU as outlined in these provisions.
  12. l.
    For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit.
  13. m.
    For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

Certificate of Occupancy. No certificate of occupancy for an accessory dwelling unit shall be issued before the issuance of a certificate of occupancy for the primary dwelling.

(2024-384, 02/07/2024; 2025-417, 07/16/2025)

Effective on: 8/16/2025

9.295.025 Emergency Shelter

A.
Purpose and Intent. The purpose of this section is to permit Emergency Shelters and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives, and policies of the General Plan.
B.
Applicability. Emergency shelters shall be permitted in the HI and HDR zones without a conditional use permit or other discretionary action. For the purposes of this Section, “Emergency Shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
C.
Development Standards. Emergency Shelters shall comply with the standards of the underlying zoning of the property in which the Emergency Shelter is proposed, the City’s Multifamily Objective Design Standards as applicable, and all local, state, and federal requirements. In addition, Emergency Shelters shall comply with the following:
1. 1.
  The maximum number of clients permitted to be served (eating, showering, and/or sleeping) nightly shall not exceed one per one hundred twenty-five (125) square feet of floor area;
2. 2.
  Sufficient parking shall be provided to accommodate all staff working in the emergency shelter, provided that the required parking for the emergency shelter is no more than other residential or commercial uses within the same zone.
3. 3.
  The interior onsite waiting and client intake area for a facility shall include a minimum of ten (10) square feet per bed;
4. 4.
  An exterior onsite waiting and client intake area shall be located a minimum of 50 feet from any public right-of-way, and a minimum of 50 feet from an adjacent property, and shall be screened from public view by a minimum 6-foot-high screen wall and landscaping;
5. 5.
  No portion of any Emergency Shelter shall be located within three hundred (300) feet of another Emergency Shelter;
6. 6.
  Lighting shall be provided in all parking, exterior (outside) intake and/or waiting areas, outside common areas and along the periphery of the building and facility. Such lighting shall be in conformance with Chapter 9.205 Lighting Standards of this Code.
7. 7.
  Provide on-site facilities management personnel during all hours that the emergency shelter is in operation.
8. 8.
  Provide security during all hours that the emergency shelter is in operation.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.295.030 Guest Living Quarters

A.
Purpose. The purpose of this section is to establish development standards for guest living quarters and to ensure that the guest living quarters are operated in such a manner as to protect the residential character of the neighborhood and to function as an ancillary use to the primary dwelling on-site.
B.
Applicability. The standards contained in this section shall apply to all guest living quarters.
C.
Development Standards.
1. 1.
  A guest living quarter shall only be permitted where a primary single-family detached dwelling has been established.
2. 2.
  Only one guest living quarter per parcel shall be permitted.
3. 3.
  The guest living quarter shall not be larger than the primary dwelling.
4. 4.
  The guest living quarter shall not contain a kitchen.
5. 5.
  Height.
  1. a.
    For parcels 2 acres or less in size, the maximum height of a guest living quarter shall be 20 feet.
  2. b.
    For parcels greater than 2 acres in size, the maximum height of a guest living quarter shall be 35 feet.
6. 6.
  Setbacks.
  1. a.
    For parcels 2 acres or less in size, the minimum setback from the side property line is 5 feet and the minimum setback from the rear property line is 20 feet unless the applicable zone requires a greater setback for the primary structure.
  2. b.
    For parcels greater than 2 acres in size, the minimum side and rear setbacks shall be 10 feet unless the applicable zone requires a greater setback for the primary structure.
  3. c.
    Notwithstanding the above setback requirements, a guest living quarter located in or on a permitted existing detached accessory structure (such as a garage) may be allowed with reduced interior side and rear yard setbacks if the setbacks are found to be sufficient for meeting fire safety requirements.
7. 7.
  The guest living quarter must be compatible with the architectural style of the primary dwelling and be consistent with the character of the surrounding neighborhood. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the guest living quarter structure must possess at least three of the following traits in common with the primary dwelling on-site:
  1. a.
    Wall covering materials.
  2. b.
    Roofing material.
  3. c.
    Roofing pitch.
  4. d.
    Structural eaves.
  5. e.
    Mass and scale of structure relative to structural height.
  6. f.
    Window characteristics.
  7. g.
    Decorative treatments.
8. 8.
  If a garage, carport or covered parking structure providing required parking for the primary dwelling is demolished or converted in conjunction with the construction of a guest living quarter, replacement spaces for the primary dwelling unit shall be provided in accordance with parking requirements in effect at the time of application.

Effective on: 3/8/2024

9.295.035 Low Barrier Navigation Center

A.
Purpose. The purpose of this section is to establish requirements for review of Low Barrier Navigation Centers in compliance with California Government Code Sections 65660 through 65668. The California Legislature finds and declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Article 12 – Low Barrier Navigation Centers of the California Government Code shall apply to all cities, including charter cities.
B.
Applicability. The provisions contained in this section shall apply to all Low Barrier Navigation Centers. A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, provided that it meets the following requirements:
1. 1.
  It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. 2.
  It is linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.
3. 3.
  It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. 4.
  It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
5. 5.
  Low Barrier Navigation Centers shall also comply with the standards established for Emergency Shelters in Section 9.295.027 of this Code.
C.
Requirements for By Right Review. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the City will notify a developer whether the developer’s application is complete. If the application is determined to be incomplete, the City will provide the applicant with an exhaustive list of items that were not complete (Government Code Section 65943).
D.
Definitions. For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning, or otherwise defined in Government Code Sections 65660 et seq.
1. 1.
  “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
2. 2.
  “Low barrier” see definition of “Supportive Housing – Low Barrier Navigation Center” in Chapter 9.300 Universal Definitions.
3. 3.
  “Low barrier navigation center” see definition of “Supportive Housing – Low Barrier Navigation Center” in Chapter 9.300 Universal Definitions.
E.
Repeal. This section shall remain in effect until January 1, 2027, and as of that date is repealed unless extended under state law.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.295.037 Multifamily Housing in Commercial Zones - AB 2011 & SB 6

A.
Purpose. This section is adopted pursuant to the provisions of Assembly Bill 2011, known as the “Affordable Housing and High Road Jobs Act of 2022,” and Senate Bill 6, known as the Middle Class Housing Act of 2022.” This legislation is intended to provide greater opportunity for housing and address the State’s continuing housing crisis.
B.
Applicability. This section establishes clear eligibility criteria for the use of commercial-zoned properties for multiple-family developments.
1. 1.
  AB 2011 Mixed-Income Housing Projects are permitted in:
  1. a.
    Zoning districts where office, retail, or parking are a principally permitted use; and
2. 2.
  AB 2011 100% Affordable Housing Projects are permitted in:
  1. a.
    Zoning districts where office, retail, or parking are a principally permitted use.
3. 3.
  SB 6 Projects are permitted in:
  1. a.
    Zoning districts where office, retail, or parking are a principally permitted use.
C.
Application and Processing.
1. 1.
  AB 2011 Mixed-Income Housing Projects and AB 2011 100% Affordable Housing Projects that meet all the requirements of this section shall be by right and require submittal of an AB 2011 Multi-Family Ministerial Review application processed in accordance with the following procedures:
  1. a.
    Application Review Shot-Clock and Written Comments. If the City determines that the proposed development is in conflict with any objective development standards, the City will provide the applicant with written documentation of the standards the development conflicts with, as well as an explanation for the reason(s) the development conflicts with the standards within:
    i.
    60 days of submittal for developments of 150 or fewer housing units
    ii.
    90 days of submittal for developments larger than 150 units.
  2. b.
    Reasonable Person Standard for Determination of whether Objective Planning Standards are met. A development is consistent with objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
  3. c.
    Design Review Shot-Clock. Design review shall be broadly applicable and to developments within the City and shall not inhibit or preclude the ministerial approval provided by the review process. The review must be completed within:
    i.
    90 days of submittal for developments of 150 or fewer housing units.
    ii.
    180 days of submittal for developments larger than 150 units.
    iii.
    The design review shot-clock runs concurrently with the objective standards review in Subsection a.
  4. d.
    Applications for an AB 2011 Multi-Family Ministerial Review shall be reviewed and approved by the designated approving authority as specified in Table 9.30.090-1 (Designated Authority for Permits and Approvals). The designated approving authority is authorized to approve, alter, or deny an application for an AB 2011 Multi-Family Ministerial Review Permit.
2. 2.
  Certain projects processed under AB 2011 are exempt from California Environmental Quality Act (CEQA), as set forth in AB 2011.
3. 3.
  SB 6 projects are processed as a Major Plot Plan application subject to review procedures of Chapter 9.80 Plot Plan.
4. 4.
  If the proposed project meets all SB 6 requirements (except non-compliance with zoning prohibiting residential use), then it may invoke SB 35 and the Housing Accountability Act. Chapter 9.87 of this Code outlines the approval process for SB 35 Multifamily Ministerial Review projects.
D.
Site and Project Criteria for AB 2011. All projects must be multiple-family housing developments located within an urbanized area or urban cluster (designated by US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:
1. 1.
  100% affordable housing projects must:
  1. a.
    Be on a parcel in an urban area, surrounded by urban uses, and not on a site or adjoined to any site where more than 1/3 of the square footage is dedicated to an industrial use (Government Code Section 65912.111(b)-(d)). Under AB 2011, parcels separated only by a street or highway are considered adjoined.
  2. b.
    The site satisfies the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (Government Code Section 65912.111(e)).
  3. c.
    The units are subject to a recorded deed restriction of 55 years for rental units and 45 years for owner-occupied units.
  4. d.
    Meet hazardous condition criteria as determined in a Phase I environmental site assessment (ESA) (Government Code Section 65912.111(c)).
  5. e.
    Be located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas. (Government Code Section 65912.111(d)-(e)).
  6. f.
    Meet objective zoning standards, specifically the City’s Multifamily Objective Design Standards (Government Code Section 65912.111(f)).
2. 2.
  Mixed-income eligible projects must:
  1. a.
    Be on a parcel in an urban area, surrounded by urban uses, abuts a commercial corridor with a frontage along the corridor of at least 50 feet, is on a site of 20 acres or less, and is not on a site or adjoined to a site where more than 1/3 of the square footage is dedicated to industrial uses. (Government Code Sections 65912.121(b)-(f)). Under AB 2011, parcels separated only by a street or highway are considered adjoined.
  2. b.
    Be on a site that satisfies the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (Government Code Section 65912.121(g)).
  3. c.
    The development would not require the demolition of:
    i.
    Housing subject to recorded covenant, ordinance or law that restricts rents to levels affordable to moderate, low, or very low-income Households.
    ii.
    Housing subject to rent price control.
    iii.
    Housing occupied by tenants in the last 10 years, excluding manager's units.
    iv.
    Any historic structure on a national, state, or local historic register.
  4. d.
    Not be on a site that was previously used for permanent housing that was occupied by tenants, excluding any manager’s unit, that was demolished within 10 years before development proponents submits an application.
  5. e.
    Vacant sites cannot contain tribal cultural resources or be located in a very high fire hazard severity zone (Government Code Section 65912.121(j)).
  6. f.
    Meet the following affordability criteria by providing:
    i.
    For rental projects, 8% very low-income and 5% extremely low-income affordable units; or
    ii.
    15% affordable for lower income Households (Government Code Section 65912.122(a)).
    iii.
    All affordable units must have a recorded deed restriction for 55 years.
  7. g.
    For owner-occupied housing:
    i.
    30% of units offered as affordable to moderate income Households; or
    ii.
    15% units offered as affordable to lower income Households (Government Code Section 65912.122(b)).
    iii.
    All affordable units must have a recorded deed restriction for 45 years.
  8. h.
    Meet objective development standards (Government Code Section 65912.123).
  9. i.
    For sites more than one acre in size and with more than 100 feet in width, provide a density of at least 60 units/acre (Government Code Section 65912.123)
  10. j.
    Located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas (Government Code Sections 65912. 123(g)-(h)).
  11. k.
    Provide notice and specified protections to existing commercial tenants located on the site (Government Code Section 65912.123(i)).
3. 3.
  Affordable units in the project must have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.
4. 4.
  Eligible projects must meet specified labor standard criteria, including payment of a prevailing wage, and, for larger projects (over fifty (50) units), hire contractors that participate in apprenticeship programs (Government Code Sections 65912.130,-.131).
5. 5.
  Projects may be eligible for a density bonus, incentives or concessions, waivers, or parking ratios pursuant to Section 9.03.050 (Residential Districts).
E.
Site and Project Criteria for SB 6 Projects. All projects must be multiple-family housing developments or mixed-use with at least 50 percent of the square footage dedicated to residential use located within an urbanized area or urban cluster (designated by US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:
1. 1.
  The project must meet specified density requirements—at least 30 units/acre for the parcel (Government Code Sections 65852.24(b)(1), and 65583.2(c)(3)(B)).
2. 2.
  The project site is 20 acres in size or less (Government Code Section 658524(b)(4)).
3. 3.
  The project meets specified objective development standards, specifically applicable standards of the Development Code, Subdivision Code, and Multifamily Objective Design Standards (Government Code Section 65852.24(b)(5)).
4. 4.
  The project is not on a site or adjoined to any site where more than 1/3 of the square footage is dedicated to an industrial use (Government Code Section 65852.24(b)(6)(B)(i)).
5. 5.
  The project is consistent with any applicable and approved sustainable community strategy or alternative plan (Government Code Section 65852.24(b)(7)).
6. 6.
  The project is either: (i) a public work (as defined in Government Code Section 65852.24.(b)(8)(A)(i) for prevailing wage purposes, or (ii) all construction labor will be paid a prevailing wage (along with other labor requirements) (Government Code Section 65852.24(b)(8)(A)).
7. 7.
  The developer must provide written notice to any exiting commercial tenants (Government Code Section 65852.24(c)(1)).
8. 8.
  Mixed-use developments consisting of residential and nonresidential retail commercial or office uses are required to have at least 50 percent of the square footage of the new construction associated with the project designated for residential use. None of the square footage of any such development shall be designated for a hotel, motel, bed, and breakfast inn, or other transient lodging use, except for a residential hotel.
9. 9.
  The housing development shall comply with any public notice, comment, hearing, or other procedures imposed by the City on a housing development in the applicable zoning designation.
F.
Development standards for AB 2011 projects.
1. 1.
  100% affordable housing projects must meet the following standards:
  1. a.
    Project density meets or exceeds applicable density deemed appropriate to accommodate lower-income Households pursuant to housing element law.
  2. b.
    Development must meet objective zoning, subdivision, and design review standards for the zone that allows greater residential density between the following:
    i.
    Existing zoning designation for the parcel if it allows multifamily residential use; or
    ii.
    Zoning designation for the closest parcel that allows residential use at a density that is appropriate to accommodate lower income Households pursuant to housing element law.
  3. c.
    Development shall be deemed consistent with objective zoning standards related to housing density if compliant with maximum density allowed within the land use designation and regardless of any specified maximum unit allocation that may result in fewer units of housing being permitted.
2. 2.
  Mixed-income housing projects must meet the following standards:
  1. a.
    In metropolitan jurisdictions, the residential density shall meet or exceed the greater of the following:
    i.
    The existing residential density permitted;
    ii.
    For sites of less than one acre, 30 units/acre;
    iii.
    For sites of one acre or greater located on a commercial corridor of less than 100 feet in width, 40 units/acre;
    iv.
    For sites of one acre or greater located on a commercial corridor of 100 feet or greater width, 60 units/acre;
    v.
    For sites within one-half mile of a major transit stop, 80 units/acre.
  2. b.
    Height limit applicable shall be the greater of the following: Height currently permitted on the parcel;
    i.
    For sites on a commercial corridor of less than 100 feet in width, 35 feet;
    ii.
    For sites on a commercial corridor of 100 feet or more, 45 feet;
    iii.
    For sites within one-half mile of a major transit stop in a city with a population of greater than 100,000, 65 feet.
  3. c.
    No parking is required except for requirements related to bicycle parking, electric vehicle parking spaces or parking spaces accessible to persons with disabilities.
  4. d.
    Projects are required to meet the following setback standards:
    i.
    For the portion of a property that fronts a commercial corridor, no setbacks may be required except that all parking must be set back at least 25 feet and the ground floor of a building must abut within 10 feet of the property line for at least 80% of the frontage.
    ii.
    For portions of the property that front a side street, the building must abut within 10 feet of the property line for at least 60% of the frontage. For portions of the property that abuts an adjoining property that also abuts the same commercial corridor, no setbacks may be required unless the adjoining property contains any residential use that was constructed prior to the enactment of AB 2011.
    iii.
    Along property lines that abut a residential use, the ground floor shall be set back 10 feet. Starting with the second floor, each floor shall be stepped back in an amount equal to 7 feet multiplied by the floor number.
    iv.
    Along property lines that abut non-residential use, the development shall be set back 15 feet.
  5. e.
    One-half of the ground floor area of the housing development shall be dedicated to retail us
G.
Development standards for SB 6 projects.
1. 1.
  Must comply with local zoning, parking, design, and other ordinances, local code requirements, and procedures applicable to the processing and permitting of a housing development in the zone that allows for housing with the requested density.
  1. a.
    If more than one zoning designation allows for requested density, the applicable zoning standards shall be those for the zoning designation for the closest parcel that allows residential use at a density that is appropriate to accommodate lower-income Households pursuant to housing element law.
  2. b.
    If the existing zoning designation for the parcel allows residential density that exceeds housing element law density, the existing zoning designation applies.
2. 2.
  The project must comply with all other objective local requirements for a parcel (except those that prohibit residential use or allow residential use only at a lower density), including impact fee requirements.
H.
Density Bonuses.
1. A housing development proposed pursuant to the act shall be eligible for a density bonus, incentives or concessions, waivers, or reductions of development standards, and parking ratios pursuant to section 65915. (§ 65912.114, subd. (f).) A development proposal for consideration as mixed-income housing has the same eligibility but cannot use a concession to reduce the City requirement for the provision of up to one-half of the ground floor dedicated to retail.
I.
Protection of Residential Units.
1. The development shall not demolish more residential units than it will develop or result in the demolition of occupied or vacant protected units without meeting certain criteria outlined in the Act regardless of whether the development is or not typically affected by section 66300. (§§ 65912.114, subd. (g), 65912.124, subd. (g), 66300, subd. (d).)
J.
Subdivision Applications May be Exempt from CEQA Review.
1. If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act shall be exempt from CEQA requirements. (§§ 65912.114, subd. (h), 65912.124, subd. (h).)
K.
Some Parcels May be Exempted from the Ministerial Review Shot-Clock.
1. The City may exempt parcels from the shot-clocks mandated in sections 65912.114 and 65912.124, but the parcels will still be subject to the expiration timeframes in section 65913.4, subdivision (f) relating to non-expiration of approvals for developments that include public investment in housing affordability that contain at least 50% of units affordable to Households at or below 80% of the area median income (“AMI”). (§§ 65912.114, subd. (j), 65912.124, subd. (j).)
L.
City May Override Ministerial Review Process with Certain Written Findings
1. The City may exempt a parcel from the Act’s ministerial review process if before a development proponent submits an application, the City makes written findings establishing all of the following:
  1. 1.
    Identified Parcels: The City identified parcels (“Identified Parcels”) that meet the requirements of section 65912.111, subdivisions (b) through (f) or section 65912.121, subdivisions (b) and (e)-(h). (§§ 65912.114, subd. (i)(1), 65912.124, subd. (i)(1).)
  2. 2.
    Allowing Residential Use or Higher Residential Density: If Identified Parcels would not otherwise be eligible for development pursuant to the Act, the City permitted the parcels to be developed pursuant to the Act. (§§ 65912.114, subd. (i)(2)(A), 65912.124, subd. (i)(2)(A).) If Identified Parcels would otherwise be eligible for development pursuant to the Act, the City permitted residential densities above the residential density required in subdivision (b) of sections 65912.113 and 65912.123 and heights required in section 65912.123, subdivision (c). (§§ 65912.114, subd. (i)(2)(B), 65912.124, subd. (i)(2)(B).)
  3. 3.
    Protecting Residential Uses: The development of the parcels will result in all of the following:
    a.
    No net loss of the total potential residential density in the jurisdiction. (§§ 65912.114, subd. (i)(3)(A), 65912.124, subd. (i)(3)(A).)
    b.
    No net loss of the potential residential density of housing affordable to lower income Households in the jurisdiction. (§§ 65912.114, subd. (i)(3)(B), 65912.124, subd. (i)(2)(B).)
    c.
    Affirmative furthering of fair housing. (§§ 65912.114, subd. (i)(3)(C), 65912.124, subd. (i)(3)(C).)
M.
Modifications and Subsequent Permits Shall Not Be Unreasonably Delayed
1. Proposed modifications to a development approved pursuant to the Act shall be undertaken pursuant to section 65913.4, subdivision (g). (§§ 65912.114, subd. (k), 65912.124, subd. (k).) Further, the City shall not adopt or impose any requirement that applies to a development solely or partially on the basis that the development is eligible to receive ministerial review. (§§ 65912.114 (l), 65912.124, subd. (l)).
2. For development developments approved pursuant to the Act’s review process, the City shall issue subsequent permits without unreasonable delay and shall not impose any procedure or requirement that is not imposed on developments that are not approved pursuant to this section. (§§ 65912.114, subd. (m), 65912.124, subd. (m), 65913.4, subd. (h)(2).) Additionally, public improvements necessary to implement the approved development shall not be reviewed in a manner that would inhibit, chill, or preclude the development. (§§ 65912.114, subd. (n), 65912.124, subd. (n), 65913.4, subd. (h)(3).)
N.
Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
1. 1.
  “AB 2011 Mixed-Income Housing Projects” shall refer to housing development project as set forth in AB 2011, Article 2 (Affordable Housing Developments in Commercial Zones), and is intended to refer to such projects which are subject to a streamlined, ministerial review, pursuant to Government Code Section 65912.114, subject to satisfying all requisite requirements, as set forth therein.
2. 2.
  “AB 2011 100% Affordable Housing Project” shall refer to housing development project(s) as set forth in AB 2011, Article 3 (Mixed-Income Housing Developments Along Commercial Corridors), and is intended to refer to such projects which are subject to a streamlined, ministerial review pursuant to Government Code Section 6591124, subject to satisfying all requisite requirements, as set forth therein.
3. 3.
  “SB 6 Projects” shall refer to housing development project as set forth in SB 6, as codified in Government Code Section 65852.24, subject to the streamlined, ministerial approval process, satisfying all requisite requirements therein.
4. 4.
  “Commercial corridor” means a highway, as defined in Vehicle Code Section 360, that is not a freeway, as defined in Vehicle Code Section 332, and that has a right-of-way, as defined in Vehicle Code Section 525, of at least 70 feet but not greater than 150 feet.
5. 5.
  "Dedicated to industrial use" means any of the following: (1) square footage is currently being used as industrial use; (2) more recently permitted use of the square footage is an industrial use; or (3) site was designated for industrial use in local government's latest general plan adopted before January 1, 2022.
6. 6.
  “Multiple-family” as applicable to Section 9.04.050 of this Code, means a property with five or more housing units for sale or for rent. There is no requirement that the housing units be attached.
7. 7.
  “Prevailing wage” means at least the general prevailing rate or per diem wages for the type of work and the geographic area as determined by the Director of Industrial Relations pursuant to Labor Code Sections 1773 and 1773.9, except apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. The same definition is used in both AB 2011 and SB 6.
8. 8.
  “Principally permitted use” means a use that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit.
9. 9.
  “Residential hotel” has the same meaning as defined in Government Code Section 50519 of the Health and Safety Code.
O.
Interpretation. If any portion of this section conflicts with AB 2011, SB 6, or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with AB 2011 and SB 6.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.295.040 Single-Room Occupancy Units

Purpose. Single-room occupancy units can provide a valuable form of affordable private housing for individuals and can serve as an entry point into the housing market for extremely low-income populations, including formerly homeless persons, seniors and those with disabilities. The purpose of this section is to establish development and operational standards for single-room occupancy units.
Applicability. The standards contained in this section shall apply to all single-room occupancy units.
Development and Operational Standards.
1. Occupancy. A single-room occupancy unit shall be occupied by not more than 2 persons. Occupancy of single-room occupancy units may be restricted to seniors or be available to persons of all ages.
2. Tenancy. Tenancy of SRO units shall be offered for a minimum of 30 days or longer.
3. Management. On-site management shall be provided.
4. Minimum Size. A single-room occupancy unit shall be at least 150 square feet in floor area, excluding closet and restroom areas. No individual unit may exceed 400 square feet.
5. Entrances. All single-room occupancy units shall be independently accessible from a single main entry, excluding emergency and other service support exits.
6. Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual single-room occupancy units, each unit shall have a sink with hot and cold water, a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements, and a refrigerator.
7. Restroom Facilities. A single-room occupancy unit is not required to but may contain partial or full restroom facilities. A partial restroom facility shall have at least a toilet and sink. A full restroom facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor and one full bathroom per four units.
8. Closet. Each SRO unit shall have a separate enclosed all-weather closet. The closet shall be at least 120 cubic feet with a minimum four-foot horizontal dimension along one plane.
9. Common Area. Four square feet per living unit shall be provided, excluding janitorial storage, laundry facilities, and common hallways. At least 200 square feet in area of interior common space shall be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

Effective on: 1/1/1901

9.05.010 Purpose

The purpose of this section is to appropriately regulate urban lot splits and two-unit developments in accordance with Government Code Section 66411.7 and 65852.21.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.296.020 Applicability

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.296.030 Approving Authority

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.296.040 Requirements

A.
Application and Processing.
1. 1.
  Application Review Shot-Clock. The City shall either approve or deny the application for an urban lot split or two-unit development within 60 days from the date of receiving a completed application. If the application is not approved or denied within 60 days, the application shall be deemed approved.
2. 2.
  Objective Standards. Urban lot split and two-unit development applications are exempt from objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to the development under the zone.
3. 3.
  Application Denial. If the application for an urban lot split or two-unit development is denied, the City shall provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
B.
Map Act Compliance. The lot must conform to all applicable objective requirements of the Subdivision Map Act (Government Code § 66410 et seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this section.
C.
Location and Zoning. An urban lot split or two-unit development project shall only be allowed in a single-family residential zone. For the purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot, subject to the exceptions set forth below and in Government Code § 65913.4(a)(6)(B)—(K). (See Government Code § 66411.7(a)(3)(C).) Not on properties that are:
1. 1.
  Prime farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
2. 2.
  A wetland.
3. 3.
  Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by applicable building code standards.
4. 4.
  A hazardous waste site that has not been cleared for residential use.
5. 5.
  Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards.
6. 6.
  Within a 100-year flood hazard area, unless the site has either:
  1. a.
    Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
  2. b.
    Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
7. 7.
  Within a regulatory floodway unless all development on the site has received no-rise certification.
8. 8.
  Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. Properties within the Hillside Overlay are subject to Hillside Development Standards pursuant to Chapter 9.195.
9. 9.
  Habitat for protected species.
10. 10.
  Land under conservation easement.
11. 11.
  Must not be a historic property or within an historic district that is included in the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
D.
Restrictions Related to Existing Affordable Housing and Rentals. A parcel is not eligible to do an urban lot split or a two-unit development if the project would require demolition or alteration of:
1. 1.
  Housing that is income-restricted for households of moderate, low, or very low income;
2. 2.
  Housing that is subject to any form of rent or price control;
3. 3.
  Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application; and
4. 4.
  Housing that has been occupied by a tenant in the last three years.
E.
Regulation of Uses.
1. 1.
  Nonresidential Uses. Except for permitted home occupations pursuant to Chapter 9.255, non-residential uses shall be prohibited.
2. 2.
  Short Term Rentals Prohibited. Units created pursuant to this Chapter shall be rented or leased for a term equal to or longer than 30 days.
3. 3.
  Owner Occupancy.
  1. a.
    Urban Lot Split – the applicant/property owner for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the urban lot split is approved.
  2. b.
    Two-Unit Development – Unless the lot on which a two-unit development is constructed was established through an urban lot split, the property owner of the property shall reside in one of the units as their principal residence.
F.
Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:
1. 1.
  Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
2. 2.
  Expressly prohibits any non-residential use of the lots created by the urban lot split.
3. 3.
  Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
4. 4.
  States that the property is formed by an urban lot split and therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.
5. 5.
  States that the deed restriction runs with the land and each provision therein may be enforced against future owners of the property.

(2024-384, 02/07/2024; 2025-417, 07/16/2025)

Effective on: 8/16/2025

9.296.050 Urban Lot Split Development Standards

The following development standards shall apply to urban lot splits.

A.
Parcel Size.
1. 1.
  Each resulting lot shall be of approximately equal size. In no instance shall a parcel be smaller than 40 percent of the lot area of the original parcel proposed for subdivision, or smaller than 1,200 square feet, whichever is greater.
2. 2.
  Lots created from an SB 9 urban lot split may not be further subdivided.
B.
Lot Lines. Lot lines shall be depicted on the parcel map submitted as part of urban lot split application and prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Section 66444-66450. Lot lines shall include a reference basis, distance, measurement, and bearings.
C.
Access.
1. 1.
  Each resulting parcel shall provide at least a 24-foot lot frontage along a public or private street.
2. 2.
  Additional access requirements, including but not limited to a wider access corridor or easement, may be required where necessary to provide adequate access for fire safety equipment as determined by the Fire Marshal.
D.
Setbacks. The proposed property line dividing an existing lot into two lots with a proposed urban lot split shall be setback a minimum of 5 feet from an existing primary dwelling or any existing accessory structure located on the lot intended to be subdivided.
E.
Dedications and Easements. Easements may be required to convey public utilities, access, and other services. Right-of-way dedication and offsite improvements shall not be required through an urban lot split.
F.
No Prior Lot Split. A lot shall not be eligible for an urban lot split if it was previously established through a parcel map for an urban lot split.
G.
Adjacent Parcels. A lot shall not be eligible for an urban lot split if the owner of the lot being subdivided, or any person acting in concert with the owner, has previously subdivided an adjacent lot via an urban lot split.
H.
Legal Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
I.
Utilities. Parcels created through an urban lot split shall have separate sewer, water, gas, and electrical utility services and have the ability to connect prior to approval of the urban lot split.
J.
Unit Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For the purposes of this subdivision, the two-unit limitation applies to any combination of primary dwelling units, Accessory Dwelling Units (ADUs), or Junior Accessory Dwelling Units (JADUs).
K.
Two-Units. Parcels created through an urban lot split shall be subject to Section 9.296.060 Two-Unit Development Standards.

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.296.060 Two-Unit Development Standards

The following development standards shall apply to two-unit developments.

A.
Legal Lot. The proposed development must be located on a legally created lot or a proposed urban lot split.
B.
Unit Quantity. A lot that is not created by an urban lot split may have a two-unit project under this section. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary unit, a unit created under this section of the code, an Accessory Dwelling Unit (ADU), or a Junior Accessory Dwelling Unit (JADU).
C.
Unit Size.
1. 1.
  The total floor area of each primary dwelling unit that is developed as a two-unit project must be between 500 to 800 square feet.
2. 2.
  A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
3. 3.
  A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.
D.
Lot Coverage. The lot coverage standard per the existing zone will only be enforced to the extent that it does not prevent two primary dwelling units on the lot of 800 square feet each.
E.
Open Space. The open space standard per the existing zone will only be enforced to the extent that it does not prevent two primary dwelling units on the lot of 800 square feet each.
F.
Setbacks.
1. 1.
  Generally. All setbacks must conform to those objective setbacks that are imposed by the underlying zoning.
2. 2.
  Separation. Each unit shall be located 10 feet from each other and at least 5 feet from an accessory structure, patio cover, or carport.
3. 3.
  Exceptions.
  1. a.
    Existing Structures. No setback is required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
  2. b.
    800 Square Foot Dwelling. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
G.
Parking Spaces Required.
1. 1.
  Each primary dwelling unit must have at least one off-street parking space.
2. 2.
  Required parking for each dwelling unit may be exempt if one of the following applies:
  1. a.
    The lot is located within one-half mile walking distance of either of the following:
    i.
    A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
    ii.
    A site that contains an existing rail or bus rapid transit station, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
  2. b.
    The site is located within one block of a car-share vehicle location.
H.
Architecture. Two-unit developments shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, two-unit developments must possess at least three of the following traits in common with the primary dwelling on-site:
1. 1.
  Wall covering materials.
2. 2.
  Roofing material.
3. 3.
  Roofing pitch.
4. 4.
  Structural eaves.
5. 5.
  Mass and scale of structure relative to structural height.
6. 6.
  Window characteristics.
7. 7.
  Decorative treatments.
I.
Utilities.
1. 1.
  Each existing and newly constructed unit shall maintain separate and independent public services and utilities, including separate utility connections and meters. All electric utility connections shall be underground.
2. 2.
  Two-unit developments shall be required to connect to sewer and shall not be permitted where sewer is not available.
J.
Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
1. 1.
  Emergency access and water supply requirements shall comply with the California Code of Regulations, Title 14 and Title 24, Part 9.
2. 2.
  All new structures on the site must comply with current building code standards for dwellings in a very high fire hazard severity zone.
K.
Separate Conveyance.
1. 1.
  Dwelling units on the lot may not be owned or conveyed separately from each other.
2. 2.
  Condominium airspace divisions and common interest developments are not permitted within the lot.
3. 3.
  All fee interest in a lot must be held equally and undivided by all individual property owners.
L.
Certificate of Occupancy. No certificate of occupancy for a two-unit development shall be issued before the issuance of certificate of occupancy for the first primary dwelling.
M.
Applicable Chapters. Site requirements of the following Chapters, but not limited to, shall apply to two-unit developments:
1. 1.
  Chapter 9.160 – General Development Standards
2. 2.
  Chapter 9.165 – Accessory Structures
3. 3.
  Chapter 9.185 – Fences, walls and screening
4. 4.
  Chapter 9.190 – Hillside Development Standards
5. 5.
  Chapter 9.195 – Landscaping Standards
6. 6.
  Chapter 9.200 – Tree Preservation
7. 7.
  Chapter 9.230 – Utilities

(2024-384, 02/07/2024)

Effective on: 3/8/2024

9.296.070 Specific Adverse Impacts

(2024-384, 02/07/2024; 2025-417, 07/16/2025)

Effective on: 8/16/2025

9.297.010 Purpose

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.020 Classification of Energy Storage Facilities

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

4. Cell: The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

7. Energy Storage System: A system which stores energy and releases it in the same form as was input.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.030 Applicability

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.040 Development Standards

1. Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes.

2. Energy storage facilities shall comply with the site design requirements set forth below in addition to all other applicable chapters of the City of Menifee Municipal Code:

Maximum wall heights shall comply with Section 9.185.040(g) (“Maximum Heights”) of this Title.

b. No landscaping is required on the interior side of the screen walls described in subparagraph (a), above, regardless of the percentage of open space landscaped required.

d. Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.

h. On-site parking shall be provided as specified below:

i. For sites occupied daily by employees or contractors, one parking space per employee or contractor shall be provided.

ii. For unoccupied sites, one on-site parking space shall be provided.

iii. AII parking, fire access roadway, and drive aisles shall be paved with asphalt or concrete.

iv. All parking lots shall comply with Section 9.215, Parking and Loading Standards.

vi. All facilities shall have an approved signage plan including safety signage to be posted at the site.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.050 Decommissioning

b. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

c. The anticipated life of the Battery energy storage system;

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.060 Performance Measures and Standard Conditions of Approval

The following measures shall be included as performance measures and standard conditions of approval for all energy storage facilities.

a. Facilities shall not store any products, goods, materials, or containers outside of any building on-site.

b. Facilities shall comply with Chapter 9.210 Noise Control Regulations of the City of Menifee Municipal Code.

c. Operators shall address any nuisance, safety issues or violations of conditions of approval within forty-eight hours of being notified by the city that an issue exists.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.297.070 Finding of Economic Benefit; Public Benefit Agreement; Exempt Projects

a. Employment growth.

b. Housing development.

c. Infrastructure and environmental improvements.

d. Assistance to public schools and education.

e. Assistance to public safety agencies and departments.

f. Property taxes and sales and use tax revenues.

(2023-369, 04/05/2023)

Effective on: 5/5/2023

9.298.010 Purpose

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.298.020 Applicability

This section establishes a streamlined ministerial review and approval process for small lot subdivisions pursuant to the requirements in Government Code Sections 65852.28, 64913.4.5, and 66499.41

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.298.030 General Eligibility Requirements

A.
Map Act Compliance. The lot must conform to all applicable objective requirements of the Subdivision Map Act (Government Code § 66410 et seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this section.
B.
Legal Lot. The existing lot was legally created as shown through a previously recorded map or by establishment through a certificate of compliance, and not created previously pursuant to SB 684 or lot splits under 66411.7 (SB 9).
C.
Location and Zoning. Small lot subdivision projects shall be allowed on a lot zoned for multifamily residential permitted by right, including LDR-2, LMDR, MDR, MHDR, and HDR or on a vacant lot zoned for single-family residential permitted by right, including AG, RM, RR5, RR2, RR1. RR1/2, LDR-1, LDR-2, LMDR, MDR, subject to the exceptions set forth below and in Government Code § 65852.28 and 66499.41.
1. 1.
  Prime farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
2. 2.
  A wetland.
3. 3.
  Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
4. 4.
  A hazardous waste site that has not been cleared for residential use.
5. 5.
  Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards.
6. 6.
  Within a 100-year flood hazard area, unless the site has either:
  1. a.
    Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
  2. b.
    Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
7. 7.
  Within a regulatory floodway unless all development on the site has received no-rise certification.
8. 8.
  Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. Properties within the Hillside Overlay are subject to Hillside Development Standards pursuant to Chapter 9.195.
9. 9.
  Habitat for protected species.
10. 10.
  Land under conservation easement.
11. 11.
  The housing development project on the lot proposed to be subdivided would not require demolition or alteration of any of the following types of housing:
  1. a.
    Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low-, very low-, or extremely low-income.
  2. b.
    Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
  3. c.
    Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
  4. d.
    A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.298.040 Development & Objective Standards

The following development standards shall apply to small lot subdivisions created through SB 684 and SB 1123.

A.
A lot zoned to allow multifamily residential dwellings shall not exceed five acres and shall be substantially surrounded by qualified urban uses as defined by the Public Resources Code, Sections 21072 and 21159.25.
B.
A vacant lot zoned to allow single-family dwellings shall not exceed one and one-half acres and shall be substantially surrounded by qualified urban uses as defined by the Public Resources Code, Sections 21072 and 21159.25.
C.
Parcel & Unit Quantity. The proposed subdivision will result in ten or fewer parcels and the housing development project on the lot proposed to be subdivided will contain ten or fewer residential units.
D.
The housing units on the lot proposed to be subdivided are one of the following:
1. a.
  Constructed on fee simple ownership lots;
2. b.
  Part of a common interest development;
3. c.
  Part of a housing cooperative, as defined in Civil Code Section 817; or
4. d.
  Owned by a community land trust meeting the requirements of Government Code Section 66499.41.
E.
The development standards listed below in Table 9.298.010 are the minimum standards for small lot subdivisions.

Table 9.298.010 Small Lot Subdivisions
Standard		Additional Requirements
MINIMUM LOT DIMENSIONS
Multifamily Zoned Lots Net Lot Area (Square Feet)	600
Single-family Zoned Lots Net Lot Area (Square Feet)	1,200
Lot Width (Feet)¹	--
Lot Depth (Feet)¹	--
Frontage (Feet)¹	--
FLOOR AREA RATIO
3 to 7 unit subdivisions² Maximum	1.0	See underlying zone’s FAR
8 to 10 unit subdivisions² Maximum	1.25	See underlying zone’s FAR
SETBACKS (Minimum)
Front Yard (Feet)	--
Corner Side Yard (Feet)	4
Interior Side Yard (Feet)	4
Rear Yard (Feet)	4
1. No other size requirement, such as lot width, depth, or frontage shall apply to lots created through SB 684 and SB 1123. 2. The Floor Area Ratios set forth in this table shall only apply where the underlying zone’s floor area ratio does not exist.

Table 9.298.010 Small Lot Subdivisions
Standard		Additional Requirements
MINIMUM LOT DIMENSIONS
Multifamily Zoned Lots Net Lot Area (Square Feet)	600
Single-family Zoned Lots Net Lot Area (Square Feet)	1,200
Lot Width (Feet)¹	--
Lot Depth (Feet)¹	--
Frontage (Feet)¹	--
FLOOR AREA RATIO
3 to 7 unit subdivisions² Maximum	1.0	See underlying zone’s FAR
8 to 10 unit subdivisions² Maximum	1.25	See underlying zone’s FAR
SETBACKS (Minimum)
Front Yard (Feet)	--
Corner Side Yard (Feet)	4
Interior Side Yard (Feet)	4
Rear Yard (Feet)	4
1. No other size requirement, such as lot width, depth, or frontage shall apply to lots created through SB 684 and SB 1123. 2. The Floor Area Ratios set forth in this table shall only apply where the underlying zone’s floor area ratio does not exist.

Table 9.298.010 Small Lot Subdivisions
Standard		Additional Requirements
MINIMUM LOT DIMENSIONS
Multifamily Zoned Lots Net Lot Area (Square Feet)	600
Single-family Zoned Lots Net Lot Area (Square Feet)	1,200
Lot Width (Feet)¹	--
Lot Depth (Feet)¹	--
Frontage (Feet)¹	--
FLOOR AREA RATIO
3 to 7 unit subdivisions² Maximum	1.0	See underlying zone’s FAR
8 to 10 unit subdivisions² Maximum	1.25	See underlying zone’s FAR
SETBACKS (Minimum)
Front Yard (Feet)	--
Corner Side Yard (Feet)	4
Interior Side Yard (Feet)	4
Rear Yard (Feet)	4
1. No other size requirement, such as lot width, depth, or frontage shall apply to lots created through SB 684 and SB 1123. 2. The Floor Area Ratios set forth in this table shall only apply where the underlying zone’s floor area ratio does not exist.

Table 9.298.010 Small Lot Subdivisions
Standard		Additional Requirements
MINIMUM LOT DIMENSIONS
Multifamily Zoned Lots Net Lot Area (Square Feet)	600
Single-family Zoned Lots Net Lot Area (Square Feet)	1,200
Lot Width (Feet)¹	--
Lot Depth (Feet)¹	--
Frontage (Feet)¹	--
FLOOR AREA RATIO
3 to 7 unit subdivisions² Maximum	1.0	See underlying zone’s FAR
8 to 10 unit subdivisions² Maximum	1.25	See underlying zone’s FAR
SETBACKS (Minimum)
Front Yard (Feet)	--
Corner Side Yard (Feet)	4
Interior Side Yard (Feet)	4
Rear Yard (Feet)	4
1. No other size requirement, such as lot width, depth, or frontage shall apply to lots created through SB 684 and SB 1123. 2. The Floor Area Ratios set forth in this table shall only apply where the underlying zone’s floor area ratio does not exist.

F.
Setbacks.
1. 1.
  Separation. Interior side setbacks are not required between units for an SB 684 subdivision.
G.
Unit Size. The total floor area of each dwelling that is developed through small lot subdivisions shall not exceed 1,750 net habitable square feet.
H.
Parking Required. Housing units proposed under SB 684 and SB 1123 shall not be required to provide enclosed or covered parking or require parking if either of the following apply:
1. 1.
  The lot is located within one-half mile walking distance of either of the following:
  1. a.
    A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
  2. b.
    A site that contains an existing rail or bus rapid transit station, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
2. 2.
  The site is located within one block of a car-share vehicle location
I.
Density Requirements.
1. 1.
  If the parcel is identified in the City’s housing element for the current planning period, the development should result in at least as many units as projected for the parcel in the housing element.
2. 2.
  If the parcel is identified to accommodate any portion of the jurisdiction’s share of the regional housing need for low or very low-income households, the development will result in at least as many low or very low-income units as projects in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
3. 3.
  If the parcel is not identified in the City’s housing element for the current planning period, the development shall result in at least 66% of the maximum allowable residential density as specified by the zone or 66% of the applicable residential density, whichever is greater.
J.
Architecture. Units created through SB 684 shall be compatible with the architectural style proposed in the City’s Design Guidelines. No metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, SB 684 units must possess at least three of the following traits in common with proposed or existing dwelling units on site:
1. 1.
  Wall covering materials
2. 2.
  Roofing material
3. 3.
  Roofing Pitch
4. 4.
  Structural eaves
5. 5.
  Mass and scale of structure relative to structural height
6. 6.
  Window characteristics
7. 7.
  Decorative treatments
K.
Utilities.
1. 1.
  Parcels created through a small lot subdivisions shall have separate sewer, water, gas, and electrical utility services and have the ability to connect prior to approval of the subdivision.
2. 2.
  Each existing and newly constructed unit shall maintain separate and independent public services and utilities including separate utility connections and meters. All electric utility connections shall be underground.
L.
Fire-Hazard Mitigation Measures. A lot in a very high or high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
1. 1.
  Emergency access and water supply requirements shall comply with the California Code of Regulations, Title 14 and Title 24, Part 9.
2. 2.
  All new structures on the site must comply with current building code standards for dwellings in a very high fire hazard severity zone.
M.
Applicable Chapters. Site requirements of the following Chapters, but not limited to, shall apply:
1. 1.
  Chapter 9.160 – General Development Standards
2. 2.
  Chapter 9.165 – Accessory Structures
3. 3.
  Chapter 9.185 – Fences, walls and screening
4. 4.
  Chapter 9.190 – Hillside Development Standards
5. 5.
  Chapter 9.195 – Landscaping Standards
6. 6.
  Chapter 9.200 – Tree Preservation
7. 7.
  Chapter 9.230 – Utilities
N.
Prohibition of Urban Lot Splits. A parcel created under this section may not be further subdivided pursuant to an urban lot split under Chapter 9.296.
O.
Accessory Dwelling and Junior Accessory Dwelling Units. An accessory dwelling unit or junior accessory dwelling unit shall be permitted on a parcel created through this chapter pursuant to Section 9.295.020.
1. 1.
  Accessory dwelling and junior accessory dwelling units cannot be counted toward a housing development project on a lot subdivided to contain 10 or fewer residential units.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

9.298.050 Specific Adverse Impacts

(2025-417, 07/16/2025)

Effective on: 8/16/2025