Moreno Valley City Zoning Code
CHAPTER 9
08 GENERAL DEVELOPMENT STANDARDS
§ 9.08.010 Purpose and intent.
The purpose and intent of general development standards is to ensure that new uses and development will contribute to, and be harmonious with existing and potential development in the surrounding area, as well as further the goals, objectives, policies and implementation programs of the general plan.
(Ord. 359, 1992)
§ 9.08.020 Applicability.
Any activity or use, and any permit or approval which authorizes new construction or substantial reconstruction of an existing building or structure, shall be subject to the requirements of the underlying district and any applicable standards contained in this chapter, except that the minor rehabilitation of, or addition to buildings may meet the standards in Section 9.08.050 if the minor rehabilitation project is subject to the minor development review process, or if the project requires discretionary review, but would otherwise be subject to the minor development review process.
(Ord. 359, 1992; Ord. 534 § 1.2, 1998)
§ 9.08.030 Accessory structures.
A.
Accessory Structures within Residential Districts.
1.
Accessory Structures Used for Living Purposes. Subject to the provisions of this section, an accessory structure which is used either wholly or in part for living purposes, shall meet all of the requirements for location of the main structure. Additions to existing dwellings which are nonconforming with respect to a required side yard setback may be built subject to the following exceptions and limitations:
a.
The distance between the addition and the property line shall be no less than five feet from the interior side property line and 10 feet from the street side property line; and
b.
With respect to an addition to an existing dwelling that is located on the interior side property line, the addition shall be constructed at the property line or a minimum of five feet from the property line.
c.
Granny units and second units shall be subject to the setback requirements specified in Sections 9.09.120 and 9.09.130 respectively.
2.
Accessory Structures Not Used for Living Purposes. Accessory structures may be attached to or detached from the main structure. Accessory structures include, but are not limited to, patio covers, storage sheds, barns, garages and gazebos. Special provisions regarding ham radio antennas and satellite dishes are specified in Section 9.09.040.
Accessory structures shall meet the requirements of the main structure except that:
a.
Unless otherwise provided for within this section, structures up to 15 feet in height shall be located no closer than five feet to the rear property line, five feet to the interior side property line and 10 feet to the street side property line.
b.
Where single-family residential uses were legally established on parcels which became substandard upon adoption of this title, one story open-sided structures such as patio covers and gazebos shall be no closer than five feet to the rear property line and three feet to the interior side property line.
c.
A garage that is attached to the main structure shall be subject to the setback requirements of the main structure.
d.
No accessory structure within any required yard shall exceed 600 square feet in gross floor area.
e.
Above-ground accessory structures shall occupy no more than 25% of any required yard.
f.
An accessory structure that does not require a building permit (including a tool shed, storage shed, playhouse or similar building with a floor area of 120 square feet or less) may be placed less than five feet from any side or rear property line, provided said structure is on the interior side of the adjacent parcel boundary fence or wall and no higher than the top of such fence or wall.
3.
Architectural Features.
a.
Projections Into Yards. Architectural features (such as steps, eaves, awnings, chimneys, balconies, stairways, wings walls and bay windows) and heating, cooling and ventilating equipment may project not more than four feet into any required front or rear yard setback area. Such features and equipment may project up to four feet into any side yard area provided a minimum setback of three feet to the side property line is maintained.
b.
Projections Above Height Limits. Architectural features comprised of no more than five percent of the gross building floor area including flues, chimneys, elevators, spires, belltowers and mechanical equipment (such as air conditioners and associated screens) may exceed the height limit of the applicable district by not more than 10 feet through the minor development review process or up to a maximum total height of 75 feet subject to approval of a conditional use permit; provided such feature shall not be used for habitable space and appropriate screening and compatibility with the balance of the structure is provided.
4.
Structure Separation. Separation between structures shall be subject to the requirements specified in Section 9.03.040(D) within the residential site development standards Table 9.03.040-6.
B.
Accessory Structures Within Nonresidential Districts.
1.
Unless otherwise provided for in subsections (B)(3) through (B)(8) of this section, in any nonresidential district, accessory structures shall meet all of the setback requirements for main buildings.
2.
In any nonresidential district, accessory structures shall not be located in front of the main building.
3.
Eaves, roof projections, awnings and similar architectural features located at least eight feet above grade may project into required building setback areas a maximum distance of three feet, provided that such feature shall be at least five feet from any property line.
4.
Fireplaces, chimneys, bay windows, balconies, fire escapes, exterior stairs and landings and similar features may project into the required setback a maximum distance of two feet, provided that such features shall not occupy more than 25 square feet of each required building setback area, and shall be at least five feet from a property line.
5.
Architectural features comprised of no more than five percent of the gross building floor area, including flues, chimneys, antennas, elevators and other mechanical equipment, spires, bell towers or similar architectural, utility, or mechanical features may exceed the height limit of the applicable district by not more than 15 feet through the minor development review process or up to a maximum total height of 75 feet subject to approval of a conditional use permit provided such feature shall not be used for habitable space and appropriate screening and compatibility with the balance of the structure is provided.
6.
Ground mounted equipment incidental to commercial development shall be appropriately screened with solid walls and/or landscaping. Equipment location shall be away from the front of the building, and screening shall be similar to adjacent architecture and materials.
8.
Roof-mounted equipment shall be completely screened from public view.
a.
All roof screens must be solid and continuous.
b.
Roof screens shall be sheathed in a matching or complimentary material to the exterior building material and may include metal panels, aluminum, copper or ceramic tile.
c.
Picket fence screening shall not be permitted.
d.
Mechanical plants and distribution networks shall be minimized and contained within efficient roof-top penthouses.
9.
Accessory structures associated with residential uses shall be subject to the development standards for accessory structures within residential districts. Where such standards refer back to the requirements of the underlying district, the R5 district standards shall be used.
(Ord. 359, 1992; Ord. 405 § 1.12, 1993; Ord. 528 § 1.4, 1997; Ord. 599 §§ 3.1, 3.2, 2002; Ord. 604 § 2.8, 2002)
§ 9.08.040 Condominiums, condominium conversions and mobilehome park conversions.
A.
Purpose and Intent. The purpose of this section is to establish development standards and special conditions for the protection of the community, purchasers and tenants with respect to condominiums, community apartments, stock cooperatives and mobilehome park residents, both when such developments are being developed, used and occupied, and when rental units are being converted into condominium projects, community apartment projects, or stock cooperative projects, and including mobilehome parks.
B.
Applicability. All new or converting residential condominiums, community apartment projects, stock cooperatives, cooperative apartments, and mobilehome parks shall conform to the provisions of this section in addition to any and all requirements for preparation, review and approval of a subdivision map and any other applicable approvals.
C.
Minimum Requirements. Except as otherwise provided by law, in approving or conditionally approving any condominium stock cooperative or community apartment project, including conversions of apartment and mobilehome park developments, the following shall be required:
1.
Residential Parking. Off-street parking shall be provided in the amount and type pursuant to standards for new construction in Chapter 9.11 of this title.
2.
Yard and Height Requirements. All new condominium, stock cooperative or community apartment projects, including conversions of apartment and mobilehome park developments, shall comply with property development standards for the district in which the project is to be located; more restrictive requirements may be imposed which are consistent with or directed by and to implement specified general plan policies and which serve to protect the public health, safety or general welfare.
3.
Covenants, Conditions and Restrictions (CC & R's). The covenants, conditions and restrictions (CC & R's) for a condominium or cooperative project shall include the following:
a.
Adequate provisions for maintenance, repair and upkeep of common areas. The subdivider shall submit an estimate of and guarantee for the maintenance costs for a period of 12 months beginning at the close of escrow on the first unit sold, the subdivider to be responsible for all costs of normal maintenance in excess of the estimate;
b.
Provisions that in the event of destruction or abolishment, reconstruction shall be in accordance with codes in effect at the time of such reconstruction;
c.
Provisions for guaranteeing and maintaining continuing structural integrity and operation of common area facilities, including but not limited to, the roof, plumbing, heating, air-conditioning and electrical systems for a period of one year from the date of the sale of the last individual unit.
D.
Condominium and Mobilehome Park Conversions. No condominium, stock cooperative or community apartment project conversion, including mobilehome park conversion, shall be approved unless all of the following conditions are met:
1.
Prospective tenants have been given written notification of intent to convert pursuant to the provisions of California Government Code Section 66452.51 (Subdivision Map Act) prior to filing of the conversion implementing project with the community development department. Such notice shall be given by the applicant, and shall contain information as to tenant's rights, as provided by law;
2.
All other applicable provisions of the Subdivision Map Act of the state of California shall be complied with;
3.
Tenants have been notified in writing of all public hearings in connection with an application for conversion, and all tenants subsequent to the initial notice of intent have been notified in writing of the pending conversion prior to acceptance of any rent or deposit;
4.
The structural, electrical, fire and life safety systems are in safe and operable condition, or that necessary repairs, including such alterations or repairs, as are required by the building official, will be completed prior to sale of units;
5.
Plumbing is in sound condition, all water heaters, and where feasible, pipes for circulated hot water are insulated, individual gas and electrical meters are provided, and adequate protected trash areas are provided;
6.
All tenants have been given at least 180 days' written notice of intention to convert prior to termination of tenancy; and
7.
For residential conversions, the decision-making body must determine that:
a.
The conversion is consistent with the general plan, and
b.
In the case of condominium conversions, the vacancy factor of rental housing units in the city exceeds five percent of the total rental housing inventory. Existing rental units may be approved for conversion regardless of the vacancy factor if the city council determines that a new rental unit has or will be added to the city's housing inventory for each rental unit removed through conversion.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
§ 9.08.050 Rehabilitation of existing buildings, conversion of residential structures to nonresidential use, nonconforming uses, and additions to existing buildings or structures consistent with the requirements of a minor development review.
This section provides development standards that would otherwise apply to the rehabilitation of an existing structure involving a minor development review, as provided for in Section 9.02.030 of this title. These standards apply to nonconforming uses, conversion from residential to commercial in an existing building, changes of use, and minor additions to an existing building. Structures or buildings must meet all required building and fire codes, and police requirements.
A.
Conversion From Residential to Nonresidential Use Where No Expansion of the Existing Building is Proposed.
B.
Exterior Remodeling of an Existing Nonresidential Use Without Intensification or a Non-conforming Use.
C.
Intensification of Uses in Existing Structures with No Addition to Building or Structure.
1.
Parking. Parking shall be provided on-site, based on current parking standards for the difference between the number of spaces required for the new use less the number of parking spaces that would be required for the former use.
2.
Landscaping. Parking lot landscaping shall be provided for proposed parking spaces. All proposed landscaping shall be provided in accordance with Chapter 9.17 of this title. Previously landscaped areas may be required to be rehabilitated.
3.
Refuse Bin. Outdoor storage of trash must be screened from public view.
D.
Exterior Remodeling of an Existing Building with a Proposed Addition that Qualifies for Minor Development Review.
1.
Parking. Parking shall be provided on-site to meet the current parking standards.
2.
Landscaping. Parking lot landscaping shall be provided for proposed parking spaces. All proposed landscaping shall be provided in accordance with Chapter 9.17 of this title. Previously landscaped areas may be required to be rehabilitated.
3.
Refuse Bin. Outdoor storage of trash must be screened from public view.
(Ord. 359, 1992; Ord. 386 § 1.14, 1993; Ord. 534 § 1.3, 1998; Ord. 616 §§ 2.2.7, 2.2.8, 2.2.9, 2.2.10, 2003; Ord. 694 § 1.1, 2005)
§ 9.08.060 Development density.
The maximum allowable development density shall be as per regulations of the general plan land use designation and zoning district within which a parcel is located. In determining the allowable number of dwelling units, all remainders shall be rounded to the next lowest whole number. The transfer of unused allowable density within a certain general plan designation or zoning district to a separate general plan designation or zoning district is prohibited.
(Ord. 359, 1992; Ord. 398 § 1.5, 1993)
§ 9.08.070 Fences and walls.
A.
General Provisions.
1.
No fence or wall shall be placed in a manner that would deter the fire department from immediately discerning and gaining access to any fire hydrant or other fire protection device. Fences and walls shall be located to maintain a minimum of three feet of clearance around the circumference of any fire hydrant.
2.
No fence or wall shall be placed within a city right-of-way without approval of an encroachment permit by the city engineer for such fence or wall.
3.
Nothing in this section shall be construed to supersede more restrictive provisions of Chapter 8.21 of the municipal code (Grading Regulations), the International Building Code or the International Fire Code.
4.
An open fence or wall, as used in this section, means any fence or wall for which at least 75% of that portion which is above three feet in height consists of openings that provide visibility and allow the passage of light and air. All other fences and walls are considered solid.
5.
All fences and walls shall comply with the sight distance requirements for traffic safety in accordance with the California Department of Transportation Highway Design Manual.
6.
Required Walls and Fences along Moreno Valley Freeway (California State Highway 60).
a.
Development projects adjacent to the Moreno Valley Freeway (California State Highway 60) right-of-way shall construct either a split-face block wall or tubular steel fence along the property line abutting freeway right-of-way.
b.
The split-face block wall or tubular steel fence shall be eight feet tall measured from the highest adjacent grade (property in question or freeway right-of-way).
c.
Projects with frontage along city right-of-way abutting the Moreno Valley Freeway (California State Highway 60) right-of-way shall install walls and/or fencing along the limits of the right-of-way. The public works director or their designee may require a fee in-lieu or may waive this requirement.
d.
Wall heights may be increased subject to the recommendations of a property specific noise study and concurrence by the community development director or their designee.
B.
Fences and Walls in Residential Developments.
1.
In required front yards of residential developments:
a.
Any solid fence or wall located outside of vehicle lines-of-sight at street intersections shall not exceed three feet in height and any open fence or wall shall not exceed six feet in height. The height of such fences and walls shall be measured from the finished grade at the bottom of the fence or wall;
b.
Retaining walls up to three feet in height are allowed within any front yard. In the case of a retaining wall that faces the exterior of the property on which it is located, an open fence up to three feet in height may be built directly on top of the retaining wall (see Figure 9.08.070-1). In the case of a retaining wall that faces the interior of the property on which it is located, a solid fence or wall up to three feet in height, or an open fence up to six feet in height, may be built directly on top of the retaining wall (see Figure 9.08.070-2);
c.
Fences and walls located in front yards shall be decorative and made of durable materials, including masonry, wood pickets, tubular metal or other materials, as approved by the community development director.
2.
In required side and rear yards of residential developments:
a.
Height.
i.
Except as described below, a wall or fence along any side yard or rear yard shall not exceed six feet in height, as measured from the finished grade.
ii.
The height of a wall or fence along the side or rear yard may exceed six feet if the difference in elevation between adjoining sites warrants such increase to maintain the effectiveness of screening that is generally provided by six-foot walls and fences, provided that the height of such wall or fence does not exceed eight feet (see Figure 9.08.070-3).
iii.
The height of a wall or fence along any side or rear yard may exceed six feet if the decision-making body determines that the additional height is needed to mitigate noise impacts or provide screening from adjoining arterial streets, freeways, or nonresidential uses (see Section 9.08.150 of this chapter). Any such wall or fence shall not exceed the height necessary to mitigate noise and screen undesirable views.
b.
Retaining Walls and Combinations of Retaining Walls and Nonretaining Fences.
i.
Retaining walls within any side yard or rear yard shall not exceed six feet in height, except where they are located on the boundary between two residential parcels, in which case they shall not exceed three feet in height. The combined height of retaining wall, wall and or fence shall not exceed eight feet of solid surface (see Figure 9.08.070-4).
ii.
A six-foot high retaining wall may be placed three feet or more from the side or rear property line (see Figure 9.08.070-5).
iii.
No two retaining walls on a given slope shall be closer to each other than the height of the taller wall, except as described below.
iv.
In the case of a retaining wall that faces a street or other public viewpoint, a nonretaining fence or nonretaining wall may be erected above (either up-slope or directly on top) such retaining wall if their solid surfaces, when added together, do not exceed eight feet in height, and the combined surface area of solid and open fencing shall not exceed 12 feet in height subject to approval by the community development director. For example, a four-foot decorative metal rail fence may be placed above a two-foot wall and a six-foot retaining wall (see Figure 9.08.070-6).
c.
Fence and Wall Design.
i.
Side Yards and Rear Yards Adjacent to Residential Parcels. Fences and walls located between residential parcels shall be constructed of wood, decorative metal rail, decorative block or other durable materials, as approved by the community development director.
ii.
Side and Rear Yards Adjacent to Streets, Freeways and Other Rights-of-Way. Fences and walls placed between lots and adjoining rights-of-way shall be constructed of decorative metal rail, decorative block or other decorative and durable materials, as approved by the community development director. Where practical, such fences and walls shall incorporate landscaping, earth berms and changes in materials or texture to reduce visible wall height, deter graffiti and add visual interest. Except where the community development director determines that screening is needed, open walls and fences shall be placed at the top of slopes that are six or more feet above any adjoining right-of-way to provide view opportunities and minimize wall height.
iii.
Side and Rear Yards Adjacent to Open Space Areas. Except where the community development director determines that screening is needed, open walls and fences shall be placed along side and rear yards that are adjacent to open space areas.
iv.
View Lots. Except where the community development director determines that screening is needed open walls and fences shall be placed along side and rear yards that are 15 or more feet above the pad height of the adjacent residential lot.
C.
Fences and Walls in Nonresidential Developments.
1.
In any required front or street side building setback area, a wall or fence shall not exceed three feet in height, as measured from the road grade nearest the property line.
2.
Walls for the purpose of visual screening and sound attenuation shall be required between nonresidential activities and any adjacent residential use or residentially zoned property, or where more sensitive adjacent land uses exist. The height, placement and design of such walls shall be considered on a site-specific basis considering the need for sound attenuation or visual screening.
3.
Unless otherwise required pursuant to subsection (B)(2) of this section, walls and fences in any required rear or interior side setback area shall not exceed six feet in height.
 Figure 9.08.070-1 |
 Figure 9.08.070-2 |
 Figure 9.08.070-3 |
 Figure 9.08.070-4 |
 Figure 9.08.070-5 |
 Figure 9.08.070-6 |
(Ord. 359, 1992; Ord. 398 § 1.1, 1993; Ord. 528 § 1.5, 1997; Ord. 575 § 2.3, 2000; Ord. 604 § 2.9, 2002; Ord. 694 § 1.1, 2005; Ord. 759 §§ 5.2, 5.3, 2007; Ord. 808 § 2.3, 2010; Ord. 994 § 8, 2023)
§ 9.08.080 Grading.
Whenever a development approval is given for a project requiring grading, or other preparation of the soil, the city may impose conditions of the approval of the development relating to grading. Such conditions are considered in issuance of any future grading permit and are complied with in addition to the other provisions of the building code. Such conditions may require, but are not limited to, the following:
A.
Lots slope to landscape areas or pervious surfaces unless otherwise approved by the city engineer;
B.
An erosion control plan, prepared by a registered civil engineer, is submitted to and approved by the public works department prior to grading plan approval. The plan addresses methods of control (such as desilting basins, checkdams, sandbagging), and interim storm drain construction, if necessary;
C.
Dust control measures are identified;
D.
Cut and fill slopes are not constructed steeper than two to one (2:1);
E.
All cut or fill slopes over three feet in depth are landscaped prior to the issuance of a certificate of occupancy or building final, and as soon as practicable after completion of final grading;
F.
Slopes are designed to minimize scaring of the land by terracing, reducing slope gradients, adding topsoil, building retaining walls, special slope planting or other means. Man-made slopes conform to patterns of the natural terrain. "Landforming" is applied to all slopes adjacent to public streets, gateways, and public view areas, as well as to all slopes greater than 100 feet in length or 10 feet in vertical height, and accomplished by the use of variable slope ratios, undulating of tops and toes, screening of terraces and downdrains, varying of surface features, and by landscaping;
G.
All dwelling units are located a minimum of 10 feet from the tops and toes of all slopes, unless otherwise approved by the public works director and the community development director;
H.
Crib walls, or an equivalent, are used to enhance a cut slope's capability to be landscaped and irrigated;
I.
Natural features such as trees with four-inch or larger trunk diameters and significant rock outcroppings are protected to the greatest extent feasible in the siting of individual lots and building pads. These features are identified on the grading plan with appropriate protection and relocation notes;
J.
The quantity of soil import and export may be limited. Albeit, all excess excavated material is removed or otherwise relocated to become an integral part of the site development;
K.
Streets permitting trucks or equipment travel are designated;
L.
Hours of operation are limited;
M.
Such other conditions deemed necessary to protect the public health, safety or welfare while still providing for orderly development of the property in accordance with the provisions of the project approval.
(Ord. 359, 1992; Ord. 616 § 2.2.11, 2003; Ord. 694 § 1.1, 2005; Ord. 826 § 3.3, 2011)
§ 9.08.090 Hazardous materials management.
A.
Purpose and Intent. The purpose of this section is to provide local regulations which are complementary to and not inconsistent with applicable federal, state and county regulations related to hazardous materials and waste. Such local regulations are necessary to protect life and property from the potential short-term and long-term deleterious effects of the necessary transportation, use, storage, treatment and disposal of hazardous materials and waste within the city.
B.
Hazardous Materials Management Requirements.
1.
Commercial and industrial concerns, which receive, utilize, store, transport or dispose of hazardous waste and restricted use pesticides in quantities exceeding 500 pounds at any one time, shall have access to sewer and freeways, and shall keep such materials at least 2,000 feet from the nearest area planned for residential use or as otherwise specified in the city general plan.
2.
Commercial and industrial concerns, which propose to locate within the city, shall provide the fire department with a list of all hazardous materials to be used at the site, a description of where and how each is stored, and how each react in a fire.
3.
Placards or other appropriate signage indicating hazardous materials or wastes are being stored shall be placed on all buildings which have hazardous materials or wastes stored.
4.
The discharge of hazardous wastes into the air, land or into water resources within city boundaries is prohibited.
5.
Commercial and industrial concerns, which create, utilize, store or treat hazardous materials or waste, shall prepare a hazardous materials and waste management plan which provides for the use of the best available technology within the production process. The plan shall be subject to approval by the public safety coordinator, and review by the police department and shall outline source reduction, treatment, handling, transportation, disposal, emergency response and employee training methods.
6.
Uses, which create, utilize, store or treat hazardous waste, shall implement the best available technology for on-site pretreatment and reduction of hazardous wastes, whenever feasible.
(Ord. 359, 1992)
§ 9.08.100 Lighting.
A.
Purpose and Intent. The purpose of this section is to establish regulations and standards for outdoor lighting which will reduce light pollution and trespass generated by residential and non-residential lighting fixtures and devices, while maintaining dark skies. It is also the intent of this section to encourage, through the regulation of the types, construction, installation and uses of outdoor illuminating devices, lighting practices and systems to conserve energy without decreasing safety, security and productivity.
B.
Applicability. Lighting standards included in this chapter shall apply to:
1.
All new development;
2.
Any existing development or parking area providing five or more spaces, which is enlarged, reconstructed, altered or changed from its previous configuration shall be subject to illumination requirements included in this chapter;
3.
Existing land uses are exempt from specific lighting requirements included in this chapter, except that they are subject either to general lighting intensity standards (i.e., foot-candle requirements) in place prior to the effective date of the ordinance codified in this chapter or standards of a prior point by point or photometric lighting plan approved by the city. Any general modifications to existing on-site lighting structures or fixtures and/or intensity of lighting may be subject to the regulations provided in the entirety of this chapter as determined by the submittal and review of a new or revised photometric lighting plan.
C.
Minimum Development and Performance Standards. All exterior lighting shall meet the following requirements:
1.
Single-Family Residential Uses.
a.
In all single-family residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.
b.
The maximum wattage for residential lighting shall be 100 watts incandescent or equivalent light intensity and 26 watts compact fluorescent or equivalent light intensity, except for recreational courts.
2.
Multiple-Family Residential Uses.
a.
All outdoor lighting associated with residential uses shall be fully shielded and directed away from adjacent residential properties. Such lighting shall not exceed one-quarter foot-candle minimum maintained lighting measured from within five feet of any property line, and shall not blink, flash, oscillate or be of unusually high intensity or brightness.
b.
All lighting installations shall be designed and installed with full cutoff and be fully shielded to reduce glare and light trespass.
c.
The maximum wattage for residential lighting shall be 100 watts incandescent or equivalent light intensity and 26 watts compact fluorescent or equivalent light intensity, except as allowed for parking lot lighting and recreational courts.
d.
Parking lot lighting for designated multiple-family residential parking areas shall meet the requirements included in subsection (C)(4).
3.
Nonresidential Uses.
a.
All outdoor lighting associated with nonresidential uses shall be fully shielded and directed away from surrounding residential uses. Such lighting shall not exceed one-quarter foot-candle minimum maintained lighting measured from within five feet of any property line, and shall not blink, flash, oscillate or be of unusually high intensity or brightness.
b.
All lighting installations shall be designed and installed with full cutoff and be fully shielded to reduce glare and light trespass.
c.
The maximum wattage for nonresidential uses shall be 250 watts or equivalent light intensity of high intensity discharge (HID) lighting.
4.
Off-Street Parking.
a.
All parking lots or structures providing more than five spaces for use by the general public and their pedestrian links shall be provided with a minimum coverage of one foot-candle of light with a maximum of eight foot-candles on the parking or walkway surface, unless otherwise approved, for visibility and security. Such lighting shall not exceed one-quarter foot-candle minimum maintained lighting measured from within five feet of any property line, and shall not blink, flash, oscillate or be of unusually high intensity or brightness. All wiring shall be underground.
b.
All lighting installations shall be designed and installed with full cutoff and be fully shielded to reduce glare and light trespass.
c.
The maximum wattage for parking lot lighting shall be 250 watts or equivalent light intensity of high intensity discharge (HID) lighting.
5.
Public Parks, Trails and Athletic Field Lighting.
a.
The illumination of outdoor public recreational (sports) facilities, unless a specific recreational activity requiring the lighting is already in progress, is prohibited between midnight and dawn. Lighting shall be provided as specified in this chapter. All lighting shall be designed and installed in compliance with the parks and community services document titled "Lighting Standards for Parks and Related Public Facilities."
b.
Public Parks. New lighting designs and retrofit fixtures shall contain horizontal cutoff to reduce vertical lighting above the fixture. New lighting for parks and related facilities should have a maximum of one-quarter foot-candle at five feet from property line.[1] Due to geographic difficulties or areas that require higher lighting levels for security, a maximum output of five-tenths foot-candles of light at ground level at property line may be utilized.
[1]
Where the adjacent property line is another city facility, the foot-candles may exceed the maximum requirements.
c.
Trails. New lighting designs and retrofit fixtures shall contain horizontal cutoff to reduce vertical lighting above the fixture. Lighted trails not incorporated in the roadway shall be illuminated with a minimum maintained one-quarter foot-candle of light at ground level during the hours of darkness. New lighting for trails should have a maximum of one-quarter foot-candle at five feet from property line.[2] Due to geographic difficulties or areas that require higher lighting levels for security, a maximum output of five-tenths foot-candles of light at ground level at property line may be utilized.
[2]
Where the adjacent property line is another city facility, the foot-candles may exceed the maximum requirements.
d.
Athletic Field Lighting. New lighting designs and retrofit fixtures shall contain horizontal cutoff to reduce vertical lighting above the fixture. The maximum lighting value that shall be used in lighting recreational athletic fields shall be an average maintained 50 foot candles. Minimum lighting values shall be per parks and community services standards. New lighting for athletic fields should have a maximum of one-quarter foot-candle at five feet from property line.[3] Due to geographic difficulties or areas that require higher lighting levels for security, a maximum output of five-tenths foot-candles of light at ground level at property line may be utilized.
[3]
Where the adjacent property line is another city facility, the foot-candles may exceed the maximum requirements.
6.
Street Lighting
a.
Purpose. The purpose of this section is to establish a set of guidelines with which to regulate the installation, operation and maintenance of overhead street lighting in the city. The city seeks to make provisions for street lighting that will be beneficial to city residents, and to provide for this lighting in an orderly, efficient and equitable manner. This section serves to establish a uniform standard for location of lights and illumination levels within the city, and clarifies responsibilities for payment of the various costs involved.
b.
General Requirements. Unless otherwise waived by the public works director/city engineer for developments within the OS, HR, RR and R1 districts, the provision of streetlights shall be a requirement of all development proposals. Prior to acceptance and approval of a final map, a developer shall construct or enter into an agreement to construct a street lighting system. The following specifications apply to all street lighting in the city, on all public and private roadways. The city has adopted the Southern California Edison (SCE) scheduled rates LS-1, LS-2 and LS-3 or comparable Moreno Valley Utility (MVU) rate standards. Prior to any planning, design, or installation of street lighting, the developer shall confirm the applicable rate schedule with the city. Installation of street lighting shall comply with the provisions of Section 9.14.130 of this title for underground utility installation and shall be in accordance with the specifications of and plans approved by either SCE or MVU and the public works director/city engineer. The developer will pay all costs related to the installation of the street lighting and establish a method for the payment of maintenance and operations. All street lighting installed shall be solely for the purpose of illuminating the public way and shall conform to the city street lighting standards.
c.
Luminaire and Lamp Requirements.
1.
All street lighting in residential areas shall not exceed 9,500 lumen (100 watt), high pressure sodium vapor (HPS) lamps, or equivalent, unless otherwise approved by the public works director/city engineer.
2.
All street lighting in nonresidential areas shall not exceed 9,500 lumen (100 watt), high pressure sodium vapor (HPS) lamps, or equivalent, unless otherwise approved by the public works director/city engineer.
3.
All street lighting for arterial roadways shall not exceed 22,000 lumen (200 watt), high pressure sodium vapor (HPS) lamps, or equivalent, unless otherwise approved by the public works director/city engineer.
4.
All street lighting shall utilize full-cutoff luminaries and be fully shielded.
5.
All street lighting shall meet the current city street lighting standards, unless otherwise approved by the public works director/city engineer.
d.
Specific Warrants for Lighting Locations. The city street lighting standards shall be used to determine locations for all street lighting, unless otherwise approved by the public works director/city engineer.
D.
Lighting Height Limits.
1.
Hillside Residential Areas. Outdoor on-site lighting on hillside residential properties, except for street lighting, shall be mounted on a post with full cutoff not to exceed eight feet above finished grade, or on a building wall or structure not to exceed eight feet above finished grade and fully shielded. Such lighting shall be designed to project downward and shall not create glare on adjacent properties. Lighting attached to a single-family residential structure shall not exceed the height of the roof eave.
2.
All Other Residential Areas. Outdoor on-site lighting within all other residential areas, except for street lighting, shall be on poles or other supports not exceeding 12 feet in height and fully shielded. Such lighting shall be designed to project downward and shall not create glare on adjacent properties. Lighting attached to all residential structures shall not exceed the height of the roof eave.
3.
Nonresidential Areas. Outdoor on-site lighting on commercial and industrial properties, except for street lighting, shall be mounted on a post and fully shielded not to exceed a maximum height of 30 feet, except within 100 feet of a residential use, where the post shall not exceed a maximum height of 20 feet. Posts shall be appropriately scaled for small buildings and lots. All lighting fixtures shall be in scale with the proposed building height. Lighting attached to a building shall not exceed the height of the roof eave or 20 feet, whichever is less.
4.
Walkway and Courtyard Lighting. Outdoor on-site lighting for all residential and nonresidential walkway and courtyard lighting shall be directed downward and mounted on a post or adjacent structure not to exceed a maximum height of 12 feet or the height of the eaves, whichever is less.
E.
Light Trespass Standards. Light trespass shall be minimized by complying with the following standards:
1.
Light spillover or trespass for all multiple-family residential and nonresidential properties shall not exceed one-quarter foot-candle minimum maintained of illumination measured from within five feet of any property line.
2.
All exterior lighting shall be full-cutoff type and fully shielded to prevent spillover onto adjacent properties.
3.
All wall pack lighting shall be full-cutoff type and nonadjustable, with light directed away from surrounding properties. Wall packs shall incorporate internal house (wall) side shields, baffles or reflectors to minimize wall brightness.
F.
General Guidelines.
1.
All exterior commercial doors during the hours of darkness shall be illuminated with one to a maximum of three foot-candles of maintained lighting.
2.
Aisles and passageways related to and within a building complex, during the hours of darkness, shall be illuminated with a maximum of one-half to one foot-candle of maintained lighting.
3.
All lighting shall be enclosed in vandal resistant fixtures.
4.
Lighting shall be adequate to help ensure a safe environment, but not to cause excessive glare or intense light.
5.
For safety, identification and convenience, the entrances of building and parking areas shall be illuminated.
6.
In multifamily developments, laundry rooms shall be well-lit at all times as they are intended for tenant use. Lights shall be placed on photocell or automatic timers, and no switches shall be available to tenants to turn the lights off.
G.
Lighting Curfew.
1.
Except as specified elsewhere in this section, outdoor lighting systems in nonresidential areas shall be turned off or reduced by at least 50% beginning at ten p.m. or the close of business, whichever is later, until dawn or the start of business, whichever is earlier. The reduction of lighting shall be determined as an overall average for the parcel. When possible, the lighting system shall be turned off rather than reduced in lighting levels. Lighting shall be equipped with controls for photocell on and timer off.
2.
All walkway, security and street lighting may remain on all night.
H.
Lighting Prohibitions.
1.
Overhead roof lighting is prohibited.
2.
The installation of mercury vapor outdoor lighting fixtures is prohibited.
3.
Adjustable outdoor lighting fixture mounts are prohibited. All fixtures shall be permanently installed so as to maintain shielding requirements, except that landscape and ornamental lighting may use flexible or adjustable mounting systems.
4.
Lighting fixtures mounted in such a way as to aim only towards a property line are prohibited.
5.
Lighting which interferes with the safe operation of a motor vehicle as determined by the police chief or city engineer is prohibited.
6.
Billboard lighting which is pointed upward is prohibited.
I.
Lighting Exemptions. The following lighting is exempt from this chapter:
1.
Swimming pool lighting;
2.
Lighting for exit signs and other illumination required by the building code;
3.
Lighting for exterior stairs and ramps, as required by the building code;
4.
Decorative lighting, as approved by the community development director;
5.
Holiday and temporary lighting;
6.
Low voltage landscape lighting;
7.
Lights used for the illumination of flags as required by law;
8.
Portable temporary lighting used by law enforcement or emergency services personnel to protect life or property;
9.
Motion detector lighting fixtures are exempt provided that there is no light trespass onto adjacent residential properties;
10.
Exposed string outdoor lighting is exempt provided that:
J.
Lighting Plans and Evidence of Lighting Compliance. The application for any required city approval involving residential and nonresidential nonexempt outdoor light fixtures shall include evidence that the proposed work will comply with this chapter. The submission shall contain the following:
1.
The location of the site where the outdoor light fixtures will be installed;
2.
Plans showing the location and type of all fixtures, both existing and proposed, on the premises, including point by point photometric lighting levels;
3.
A description of the outdoor light fixtures including, but not limited to, manufacturer's catalog cuts, photometric reports with candela distribution, drawings, and shielding information;
4.
Submittal drawings shall be signed by a licensed professional engineer or by the licensed electrical contractor that is performing the work. This engineer or contractor shall be held responsible for the content and accuracy of the submittal design. Submittals must contain the name of the company that prepared the drawings and the name, title, and telephone number of the person that performed the design work;
5.
All plans resubmitted for approval shall include a written description of all changes and comments attached to the plan check comments.
(Ord. 359, 1992; Ord. 698 § 3.1(d), 2005; Ord. 851 § 1.3, 2012)
§ 9.08.110 Manufactured home requirements.
A.
General Provisions. Individual manufactured homes may be permitted on individual lots in the HR, RR, R1, RA2, R2, R3 and R5 districts, subject to the following requirements:
1.
The structure is placed on a permanent foundation in compliance with all applicable building regulations.
2.
The structure is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and was constructed not more than 10 years prior to request to install. Documentation indicating certification and construction date must be submitted to the community development department in order to secure valid building permit(s).
3.
The community development director shall determine if placement of the manufactured home is compatible with the immediate area and meets the development standards of the underlying district. Installations shall be subject to the minor development review process (Section 9.02.030(A) of this title) and the following design criteria:
a.
The design of the structure shall be similar in character and appearance to other dwellings in the area with regard to unit size, roof overhangs, roof materials, roof pitch and exterior materials;
b.
All building setbacks, parking, coverage, height, width and sign requirements of the base district shall apply;
c.
A roof constructed of asphalt composition, shingle, tile, crushed rock or similar roofing material (except metal) which is compatible with surrounding development;
d.
Exterior siding of brick, wood, stucco, plaster, concrete, or other material which is finished in a nonglossy and nonreflective manner and which is compatible with surrounding development;
e.
A predominant shape and form that is compatible with the surrounding neighborhood; and
f.
If an enclosed garage is required within the zoning district in which the dwelling unit is to be located, the design and materials of the garage shall be compatible with the main dwelling.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)
§ 9.08.120 Permitted outdoor uses.
Subject to applicable city permits and approvals, the following uses, if identified as a permitted use in the district in which they are located, may be permitted as an accessory to a use within an enclosed building provided they are entirely on private property:
B.
Patio tables, chairs, umbrellas and similar outdoor accessories used in connection with a restaurant business which do not impede pedestrian or vehicular circulation (see Section 9.09.180 of this title);
C.
Vending machines, including weighing scales, when accessory to a business conducted within a building;
D.
Border materials, flower pots, trellises and the like, provided they are accessory to a retail plant nursery;
E.
Permanent automobile sales, leasing and rental display and storage lots (see Section 9.09.060 of this title);
H.
Outdoor display of merchandise incidental to, and as a part of, the business legally operated on-site may be allowed within areas permanently designated and approved pursuant to the provisions of this title. Such outdoor display areas shall be uncovered and unfenced. Such outdoor display shall be prohibited in the following locations: landscaped areas, unimproved surfaces, minimum required pedestrian walkways, vehicular access ways, public rights-of-way, parking areas and loading areas, required exits, fire hydrant locations or any fire suppression appurtenances;
I.
Junk or scrap merchandise, used auto parts, or inoperative tools, appliances and vehicles shall be screened from public view;
J.
Uses that are substantially similar in character and intensity as the uses listed in this section, as determined by the community development director.
(Ord. 359, 1992; Ord. 488 § 1.1, 1996; Ord. 520 § 1.10, 1997; Ord. 664 § 2, 2004; Ord. 694 § 1.1, 2005)
§ 9.08.130 Reservation of lands for public facilities.
A.
Pursuant to Government Code Sections 66479—66481, the city may require that areas of real property within a subdivision be reserved for parks and recreation facilities, fire stations, libraries or other public uses subject to the following:
1.
The proposed use of the reserved land is in accordance with general plan policies and standards, any adopted specific plan, and all other provisions of this title;
2.
The reserved area is of a size and shape that does not preclude orderly and efficient development of the remainder of the property; and
3.
The reservation will not make development of the remaining land economically infeasible.
B.
The provisions of this section shall not apply to subdivision proposals which have been filed and accepted by the city prior to or within 30 days after the effective date of this title.
C.
The city shall, at the time of approval of the subdivision final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value at the time of the filing of the subdivision request plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider or developer in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. If the city fails to enter such a binding agreement, the requirement of reservation shall automatically terminate.
D.
Reservation of lands for park and recreation purposes shall be in accordance with Section 9.14.100(Q).
(Ord. 359, 1992)
§ 9.08.140 Relocated buildings.
Structures may be relocated pursuant to the following requirements:
A.
Upon relocation of a structure, the parcel, including the relocated structure, shall comply with all regulations of this title including all development standards, regulations, and restrictions for the use of the district in which the structure is to be relocated, including but not limited to, building height, setback, parcel coverage, and unit density requirements.
B.
Construction on a structure to be relocated shall commence within 30 days and shall be completed within 365 days of the date the structure is moved onto the relocation site.
C.
Prior to issuance of a building permit, a "notice of intent to relocate," approved as to form by the building official, shall be posted for a period of at least one week on the property proposed to contain the relocated structure.
D.
Conditions and requirements of all other city ordinances and regulations shall be complied with; the provisions of this section are not intended to repeal any other ordinances relating to this subject; to the extent that the provisions of this section are inconsistent with any existing ordinances, the provisions of this section shall prevail unless otherwise required by state law.
(Ord. 359, 1992)
§ 9.08.150 Screening requirements.
A.
Screening of Commercial, Industrial, Public and Quasi-Public Uses. Whenever a building or structure is constructed or enlarged on any property zoned for commercial, industrial, public or quasi-public purposes, which abuts a residential zone, appropriate screening is erected and maintained along the property line of the parcel.
1.
Screening consists of a decorative masonry wall sufficient for sound attenuation with a minimum height of six feet, as measured from the commercial or industrial side of the wall at the property line. If the wall is either greater or less than six feet in height on the residential side, landscaping may be required on that side of the wall, as necessary. Decorative walls of block, brick, stone, stucco-treated masonry, or concrete panels are acceptable. The community development director may approve alternative materials, provided that the materials are comparable to masonry walls or concrete panels in durability and ability to attenuate light and sound.
B.
Screening and Storage Areas. Where permitted, all outdoor storage of materials, wares, crates, bottles or similar items necessary to, or part of a permitted use within an industrial, commercial or special district are screened from view on at least three sides by a solid, impact-resistant wall, not less than six feet in height, and on the fourth side by a similar gate, not less than five feet in height. Alternate materials or designs may be approved by the community development director.
C.
Screening of Refuse Storage Areas. Trash/waste enclosure design standards shall be designed to be consistent with all city applicable standards, and shall:
1.
Be located a minimum of 35 feet from any residential structures or as otherwise approved by the community development director;
2.
Provide a minimum planter dimension of three feet on three sides of the enclosure walls, and accommodate climbing vines and screening shrubs within the planter area;
3.
Be constructed to include a solid roof cover;
4.
Be designed using materials and colors aesthetically compatible with the project.
(Ord. 359, 1992; Ord. 426 § 3.1(d), 1994; Ord. 461 §§ 1.2, 1.3, 1.4, 1995; Ord. 475 § 1.4, 1995; Ord. 534 § 1.3, 1998; Ord. 616 § 2.2.12, 2003; Ord. 694 § 1.1, 2005; Ord. 808 §§ 2.3.2, 2.3.3, 2010; Ord. 984 § 3, 2022)
§ 9.08.160 Geologic/seismic hazards.
In accordance with provisions of the Alquist-Priolo Special Studies Zone Act (Division 2 Chapter 7.5 of the Public Resource Code) and the Safety Element of the city's general plan, a geologic investigation shall be required for any development proposal involving structures for human occupancy within the special study zone for the San Jacinto Fault, as identified on the special studies zone maps prepared by the state of California Department of Conservation, or the Casa Loma Fault, as identified on the seismic zone map in the city's general plan (Safety Element).
A.
Application Requirements.
1.
With exception to the provisions of Section 9.08.160.B of this chapter, all projects that lie within an earthquake fault zone shall require a geologist's report from a State Geologist before the project may be approved by the city.
2.
The report shall be issued by a geologist that is registered in the state, shall be directed toward the problem of potential surface fault displacement, and shall be prepared in accordance with the Act.
B.
Exemptions. Exemptions from the provisions of this section may be granted under the following circumstances:
1.
This chapter shall not apply to the conversion of an existing apartment complex into a condominium.
2.
Any single-family wood frame dwelling not exceeding two stories that is not part of a development of four or more such dwellings and mobile homes are exempt from a geologist's report.
3.
An alteration to any structure for human occupancy if the value of the alteration does not exceed 50% of the appraised value of the structure and, if the alteration results in a change in the use or occupancy of the structure, the change does not authorize a greater human occupant load and is less hazardous, based on life and fire risk, than the existing authorized use or occupancy of the structure permitted by the city or county with jurisdiction over the structure.
4.
An applicant may have the city apply to the State Geologist for an exemption, and the State Geologist shall grant the exemption only if the structure located within the earthquake fault zone is not situated upon a trace of an active fault line, as delineated in the official earthquake fault zone map or in more recent geologic data, as determined by the State Geologist. Exemption applications require all items listed in California Public Resources Code Section 2621.7(3).
C.
Geologic Investigation. Geologic/soils investigations shall be prepared by a geologist or soils engineer registered in the state of California. The city has the option to require a second-party review of the investigation by a geologist registered in the state of California. The applicant shall be responsible for all associated review costs. Copies of all geologic investigations shall be kept on file in Public Works—Land Development.
All investigations involving proposals within the San Jacinto Fault and the Casa Loma earthquake fault zones shall be filed with the state geologist within 30 days following acceptance.
D.
No application for a permit shall be considered as completed for filing, and the time limitations for processing a permit shall not begin to run until the geologic report required by this chapter shall be accepted as complete or until a waiver thereof has been finally approved.
(Ord. 359, 1992; Ord. 1028, 6/17/2025)
§ 9.08.170 Solar energy design.
A.
Purpose and Intent. These provisions are intended to incorporate, to the extent feasible, passive heating and cooling opportunities into the design or modification of residential, commercial and industrial developments. They are further designed to ensure that solar energy systems in residential, commercial and industrial areas conform in appearance to the surrounding neighborhood.
B.
Design Requirements.
1.
Active Solar Design. Notwithstanding any provisions included in this title related to screening roof-mounted equipment, the following standards shall apply to the design of all solar energy systems:
a.
Roof-mounted solar collectors shall be placed in the location least visible from a public right-of-way without reducing the operating efficiency of the collectors. Wall-mounted and groundmounted solar collectors shall be screened from public view;
b.
When feasible, collectors shall be integrated into the design of the building. Structural support for the collectors shall be screened in a manner that is compatible with the design of the building;
c.
Appurtenant equipment, including plumbing and related fixtures, shall be installed in an attic or basement, where feasible;
d.
Large accessory fixtures that must be exposed (e.g., storage tanks) are screened to the extent possible through compatible architectural features or landscaping;
e.
Storage tanks shall not be located in any required front or side yard nor shall they be visible from any public right-of-way;
f.
Exterior surfaces shall have a matte finish, and shall be color-coordinated to harmonize with roof materials or other dominant colors of the structure, or as approved by community development director; and
g.
Deviations from the above standards may be considered subject to approval by the planning commission.
2.
Passive Solar Design in Accordance with Section 66473.1 of the Subdivision Map Act.
a.
The design of a subdivision for which a tentative map is required pursuant to Section 66426 of the Subdivision Map Act, or other residential, commercial or industrial development for which a subdivision is not involved, shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the development. Examples of passive or natural heating opportunities include, but are not limited to:
b.
In providing for future passive or natural heating or cooling opportunities in the design of a development, consideration shall be given to local climate, contour, configuration of the parcel to be developed, and to other design and improvement requirements. However, such considerations shall not result in reducing allowable densities or the applicable planning and zoning in force at the time the development proposal is filed.
c.
The requirements of this section do not apply to condominium projects involving subdivision of airspace in an existing building when no new structures are added.
(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 616 § 2.2.13, 2003; Ord. 694 § 1.1, 2005)
§ 9.08.180 Storage.
No portion of any vacant or undeveloped parcel or a parcel where no main building exists shall be used for storage of personal property except as follows:
A.
Equipment and materials for use on the same parcel or building site may be stored on the parcel or building site during the time that a valid building or grading permit is in effect; and
B.
Equipment and materials used in conjunction with an active farming operation taking place on the same parcel; and
C.
Equipment and materials which are incidental to a legally established outdoor use.
(Ord. 359, 1992; Ord. 528 § 1.1, 1997)
§ 9.08.200 Street improvements for residential lots.
A.
Street Improvements. Any owner, lessee or agent constructing, altering or enlarging a building or dwelling or arranging for such construction, alteration or enlargement, in association with any lawful residential land use, shall provide for the street dedication and the improvements along all of the streets adjoining the parcel of land on which the building or dwelling is to be constructed, altered or enlarged. Such improvements include, but are not limited to, sidewalk, curb, gutter, street paving, street lights, parkway trees and appurtenances or appurtenant work, including relocations and reconstructions necessary to construct or install such improvements, unless existing improvements have previously been constructed and/or paid for by a property owner.
B.
Deferral of Improvements. In any case where the improvements which would otherwise be required by this section would not be contiguous with existing street improvements, the city engineer may defer construction of such improvements. However, in such a situation, an estimated cost for the street improvements shall be determined and a cash payment in such an amount, or other security (with any related necessary agreements) approved by the city engineer and the city attorney, shall be deposited with the city. Moneys so deposited shall be held in trust by the city until such improvements are constructed, at which time the proceeds of the moneys may be expended by the city to construct such improvements for streets to which these moneys or other moneys required by this title relate.
C.
Exceptions.
1.
Such improvements shall not be required for any new accessory building(s) which does not exceed 1,000 square feet of floor area; nor for any alteration, enlargement or addition which does not exceed 1,000 square feet of floor area.
2.
In areas not subdivided or parceled into one-half acre or smaller lots, such improvements need not be installed for a greater distance than the minimum lot width required by the zoning regulations for the zone in which such area is located or the street frontage coinciding with the residential land use, or coinciding with the buildings, dwellings, accessory land uses, and the required yards, whichever is the greater.
3.
Such improvements shall not be required with or for the installation or construction of walls, fences, signs or billboards.
D.
Reimbursement Agreement Fee. If a frontage improvement was constructed under or pursuant to a reimbursement agreement between the city and another person along a street adjoining a lot or parcel of land on which a building, or other structure requiring a building permit is to be constructed, altered or enlarged, then:
(Ord. 359, 1992; Ord. 398 § 1.2, 1993)
§ 9.08.210 Changes in product sizes in existing single-family residential tracts.
The following specific procedures and standards shall be applied to proposed changes in product sizes within single-family residential tracts in which a previously approved product was constructed. If a product was approved and not built, this section of the code shall not apply. Evaluation of the proposed changes shall be by director's review based upon the standards, criteria and findings for reviewing plot plans in accordance with the minor development review process, except in the event that changes in product size 25% or greater increase or decrease, based on a weighted average, are proposed. If the change is 25% or greater, evaluation shall be by the planning commission based upon the standards, criteria and findings for reviewing plot plans in accordance with the major development review process.
A.
Compatibility. Proposed product changes shall incorporate the following criteria to provide continuity and integrity within the neighborhood:
B.
Transition Area. If a transition area is required, it shall consist of three to five homes and shall be established side to side and across the street from any built homes. This transition area may be adjusted to meet any immediate physical barrier such as a street, flood control channel, or open space area and shall address the following:
1.
Proposed homes closest in design and size to the built homes shall be placed in the transition area;
2.
Two-story homes shall be located side to side or across the street from existing two-story homes;
3.
One-story homes shall be located side to side or across the street from existing one-story homes.
C.
Degree of Change of Product Size. The degree of change shall be determined from the percent difference between the weighted average square footage of the units built (total square footage of all built units divided by the number of units) and the weighted average square footage of the proposed units (total square footage of all proposed units divided by the number of units).
2.
Product Change Between Fifteen percent and Twenty-five percent.
c.
Notice of the proposed change and a 10 day comment period from the date of mailing of the notices shall be sent to the property owners within the subject tract (or subtract, if applicable) and to any other property owners within 300 feet of any of the proposed homes.
3.
Product Change Is Twenty-five percent or Greater.
c.
The proposal shall be subject to approval by the planning commission after a duly noticed public hearing;
d.
Notice of public hearing to review the proposed change shall be mailed to the property owners within the subject tract (or sub-tract, if applicable) and to any other property owners within 600 feet of any of the proposed homes.
(Ord. 959 § 3.2, 2019)
§ 9.08.220 Improvement security.
Except as otherwise specified herein, when improvements are required as conditions of development, security arrangements shall be made in accordance with the provisions of Chapter 9.14. With respect to development projects that are not land divisions, when securing street or other improvements by a lien, letter of credit, passbook, certificate of deposit, or cash, the total amount of security shall be based on the total amount of the required improvements (generally considered the faithful performance amount). In the case of a project developed in phases, the city engineer is permitted to accept separate security arrangements for each phase of the project as approved by the decision-making body.
(Ord. 398 § 1.3, 1993; Ord. 461 § 1.5, 1995)
§ 9.08.230 Landscaping requirements.
Landscaping shall comply with the requirements as specified in Chapter 9.17 of this title. Except where required for erosion control, buffering and/or screening from adjoining uses, landscaping for quasi-public uses may be deferred for a period of time not to exceed three years, provided that security approved by the city engineer and city attorney is deposited with the city. Such areas are maintained in a manner that provides for the control of weeds, erosion, and dust, until they are landscaped.
(Ord. 461 § 1.6, 1995; Ord. 616 § 2.2.14, 2003)
§ 9.08.240 Undergrounding of utilities.
Electrical and communication distribution utilities shall be placed underground as specified in Section 9.14.130.
(Ord. 461 § 1.7, 1995)
§ 9.08.250 Construction and dedication of telecommunications network facilities.
A.
Whenever property within the city is developed, the property owner and/or developer is hereby required to construct and dedicate to the city, prior to the issuance of any building permit or in conjunction with the construction and dedication of required corresponding street improvements as determined by the city engineer, telecommunications network facilities for the future needs of the public as defined in subsection C below.
B.
On developments consisting of three lots or less that do not in total exceed 600 feet of frontage, the city engineer may waive construction of telecommunications network facilities along the peripheral streets or property lines, provided, however, in such a situation, an estimated cost for such facilities along the peripheral streets shall be determined by the engineer and such amount shall be paid to the city as a fee in lieu of constructing such facilities, to be used for the future construction of telecommunications network facilities.
C.
The term "telecommunications network facilities" as used herein shall include the land, structures, conduits, ducts, pullboxes, vaults, conductors, cables, optical fiber, equipment, and other related appurtenances specified in the city specifications and master plans for its telecommunications network facilities, or as determined by the city engineer to be reasonably necessary to provide for the future telecommunication needs of the public residing or doing business within and upon the property in conjunction with a citywide telecommunications network system. The installation of the telecommunications network facilities shall be constructed in accordance with the city's technical provisions, standard drawings, and typical telecommunications industry standards.
(Ord. 609 § 1.1, 2002)
§ 9.08.260 Shopping cart containment and retrieval requirements.
A.
General Provisions. The provisions in this section are applicable to new businesses with 10 or more shopping carts established after the adoption of the ordinance codified in this section and to existing businesses with 10 or more shopping carts which have experienced a change in ownership after the adoption of the ordinance codified in this section.
1.
A change of ownership shall include all sales, transfers, leases, assignments, mergers, consolidations, or other business transactions that result in the sale of a corporation or limited partnership to another corporate entity. Corporate name changes or minor reorganizations do not classify as a change in ownership and are therefore exempt from code provisions within this section.
2.
This section shall not apply to any conditions expressly allowed or authorized by federal or state law or any other provision of this code.
3.
Violations of this section shall be treated as strict liability offenses regardless of intent.
B.
Cart Containment and Retrieval Plan. Except as otherwise provided in this section, every business that provides shopping carts to customers for use on their premises shall develop, implement and comply with the provisions of a written plan approved by the city to prevent customers from removing shopping carts from the premises of such business without authorization of the owner and to provide for the retrieval of removed or abandoned shopping carts which have been removed from the premises of the retail establishment (the "plan"), and shall demonstrate compliance with all other purposes and provisions of this section. The plan, at a minimum, shall include the following elements:
1.
Owner Information. The name of the owner; the physical address where the retail establishment is conducted; and the name, address, and telephone number(s) of the owner and all on-site managers, including any changes of such persons.
2.
Cart Inventory. The number of carts to be used or located on the premises.
3.
Signs Affixed to Carts. Every shopping cart made available for use by customers shall have a sign permanently affixed to it that identifies the owner of the cart; notifies the public that the unauthorized removal of the cart from the premises of the retail establishment, or the unauthorized possession of the cart, is a violation of state law, and lists a valid telephone number and address for returning the cart removed from the premises to the owner.
4.
Notice to Customers. Conspicuous signs shall be placed and maintained on the premises near all customer entrances, exits and cart storage areas, warning customers that removal of shopping carts from the premises is prohibited by state law. All signs shall be in English and Spanish.
5.
Prevention Measures. A description of the specific measures that the business owner will implement to prevent removal of any cart from the business premises. Permissible measures are identified in subsection H.
6.
Mandatory Cart Retrieval Operations. The procedure by which the business owner or qualified cart retrieval service will search, find and return carts removed from the business premises. The cart retrieval operation must demonstrate that carts will be actively located within one mile of the business premises and respond to complaints from the public or notifications from city enforcement personnel in a manner which results in the retrieval of carts within 24 hours of receiving the notification. If a business owner contracts with a cart retrieval service, the retrieval service must be a city licensed and approved service, and shall not place limits on daily loads or days per week to retrieve carts within the city. The owner shall provide written authorization to all retrieval personnel, which authorization shall be carried by each such person while performing cart retrieval services on behalf of the owner and shall be provided to any enforcement personnel upon request. Each vehicle used by retrieval personnel shall bear conspicuous signs on the vehicle identifying either the name of the business for which such retrieval service is being performed or, if applicable, the name of the cart retrieval service with which the business has contracted for such services.
7.
Employee Training. The business owner shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the plan and the provisions of state law prohibiting the unauthorized removal of shopping carts from the premises of the retail establishment. The plan shall expressly describe the employee training program.
8.
Daily Cart Confinement. All shopping carts located on the premises of the business (other than a business open for business 24 hours per day) shall be collected at the end of each business day by employees of the business and shall be collectively confined in a secure manner in the cart confinement area, as designated in the approved plan, until the commencement of the next business day. All shopping carts located on the premises of any business open for business 24 hours per day, other than carts then currently in use by a customer or patron, shall be collected by employees of the business and returned to the cart confinement area, as designated in approved plan, at least once per calendar day between the hours of nine p.m. and midnight on each day the retail establishment is open for business. The provisions of this subsection shall not apply to any shopping carts located within an enclosed building.
9.
Collaboration with Other Businesses. Two or more businesses located within the same shopping or retail center or sharing a common parking area may collaborate and submit a single plan.
10.
Additional Information. Any other information deemed appropriate by the community development director to ensure compliance with this section and specified within the plan application.
C.
Exemptions. The requirements of this section shall not apply to any business which provides a total of less than 10 shopping carts for use by the customers of such business.
D.
Plan Submission and Approval. Unless otherwise expressly exempt by this section, each new business, any existing business relocating to a different location within the city, and any business with a change in ownership to an unrelated entity shall submit a proposed plan complying with the requirements of subsection B to the community development director, and obtain approval thereof by the city, prior to the commencement of business or issuance of a certificate of occupancy. Each proposed plan shall be accompanied by a processing and inspection fee in an amount as set by resolution of the city council.
1.
If approved, the plan shall be implemented no later than 90 days from the date of notification to the owner of the approval. An inspection by enforcement personnel shall be made of the premises to confirm compliance at the conclusion of the 90 day period.
E.
Standards for Denials. The community development director may deny a plan based upon any of the following grounds:
1.
Implementation of the plan would violate provisions of the building, zoning, health, safety, fire, police or other municipal codes, or any county, state, or federal law that substantially affects public health, welfare or safety;
2.
The plan fails to include all the information required by this section;
3.
The plan is insufficient or inadequate to prevent removal of carts from the owner's premises;
4.
The plan fails to address any special or unique conditions, due to the geographical location of the premises, as they relate to cart retention and prevention efforts;
5.
Implementation of the plan would violate a term or condition of another city policy or requirement of this code;
6.
The owner has knowingly made a false statement of fact, or omits a fact required to be revealed in an application for a plan, or in any addendum or report or other information required to be provided regarding the plan.
7.
If the plan is rejected as incomplete or inadequate, the community development director shall indicate the areas of incompleteness or inadequacy.
F.
Plan Modification. At any time subsequent to the approval of a plan, the owner may request a modification of a previously approved plan to address a change in circumstances, an unanticipated physical or economic impact of the plan, or a need to modify an ineffective plan. Each proposed amendment shall be accompanied by a processing fee in an amount as set by resolution of the city council.
G.
Penalties. Any required business owner, property owner, and/or business representative that fails to submit a plan, implement plan measures or implement any required modifications to the plan by the city within the time frames specified within this section shall be subject to penalties including, but not limited to, criminal action, civil action or other judicial or administrative proceedings.
H.
Containment Methods. All shopping carts shall be contained or controlled within the boundaries of the store premises, which refers to the lot area, maintained, managed and/or utilized by the business, which may include the building, parking lot and adjacent walkways where the business's shopping carts are permitted.
1.
Bollards. Bollards or posts may be installed near exits to prevent the removal of carts from the business as long as they do not interfere with fire lanes, handicapped access, or conflict with federal, state and local laws, including municipal, building and zoning code.
2.
Wheel Locking Mechanisms. Equipping shopping carts with a locking or stopping mechanism that is used in conjunction with an electronic or magnetic barrier along the perimeter of the store premises. The wheel locking or stopping mechanism must activate when the shopping cart crosses the electronic or magnetic barrier.
3.
Coin Operated Machines. Businesses may opt to utilize coin operated machinery to charge patrons a deposit for the cart which is refunded upon return of the cart.
4.
Customer Service Representative. The business may employ customer service representatives to assist customers by delivering merchandise to patrons' vehicles and thus not allowing carts to be removed from the premises.
5.
Security. The business may employ security personnel to patrol the premises and prevent carts from being removed from the property.
6.
Other Methods. The project may use other methods of containment as long as the systems or methods are approved by the community development director and effectively will contain or control shopping carts to the store premises.
I.
Containment System Design. All structures, including bollards and wheel locking mechanisms, associated with the containment system must be harmonious and compatible with the project submittal and city design and development standards.
(Ord. 838 § 1, 2012; Ord. 984 § 3, 2022)
§ 9.08.270 Security plan and on-site security requirements.
A.
For all commercial centers larger than two acres and newly constructed multifamily projects of 51 dwelling units or more, a detailed security plan shall be submitted to the city for review and approval prior to building permit.
1.
Existing commercial centers shall submit a detailed security plan to the city for review and approval within 270 days of the effective date of this section (Ordinance No. 1023).
2.
All newly constructed commercial centers larger than two acres and all newly constructed multifamily projects exceeding 50 dwelling units shall submit a detailed security plan to the city for review and approval prior to issuance of a building permit.
B.
At a minimum, the security plan shall include the following to ensure security of the site.
1.
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, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the site.
2.
Professionally and centrally monitored fire, sprinkler, robbery, and burglar alarm systems must be installed as required and maintained in good working condition. The alarm system must include a private security company that is required to respond to every alarm.
C.
Through the security plan, the city may require details regarding staffing and deployment of security for a commercial center larger than two acres, and if deemed necessary for the purposes of security, the city may require that the property owner maintain the services of a private security company to monitor the buildings and parking areas based on the specific facts and circumstances associated with the site.
(Ord. 1023, 5/6/2025)
§ 9.08.280 Maintenance of parkways by property owners.
A.
The owner of any lot fronting any portion of a parkway, or sidewalk, or other public right-of-way or city owned property, shall maintain such parkway, sidewalk and right-of-way including all landscaping in a condition that will not interfere with the public safety and convenience and the use of the parkway, sidewalk, and right-of-way.
B.
In conjunction with all new development projects involving an entitlement on a divided major arterial, divided arterial, arterial, minor arterial or industrial collector, the city shall require an encroachment permit to require that developers maintain landscape areas per approved plans that are within the right-of-way, and also maintain any areas along their frontages (e.g. Caltrans right-of-way) (see Section 9.17.140 Freeway frontage) that are not required to be landscaped by the project conditions of approval. The encroachment permit shall be reviewed and approved by the city prior to issuance of a grading permit.
C.
Landscape plans required by Title 9 shall show any areas along the project frontage, and shall identify either landscaping or maintenance responsibility within the Caltrans right-of-way if the project includes frontage along the Caltrans right-of-way.
(Ord. 984 § 3, 2022)