A.   Purpose. The purpose of this chapter is to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the general plan.

   B.   Applicability. The standards of this chapter apply to more than one zoning district (e.g., residential, commercial, manufacturing, etc.), and therefore, are combined in this chapter. These standards shall be considered in combination with the standards for each zoning district in Article II (Zoning Districts and Allowable Land Uses). Where there may be a conflict, the standards specific to the zoning district shall override these general standards.

All structures, additions to structures, and uses shall conform to the standards of this chapter as determined applicable by the director, except as specified in Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).

(Ord. 182 § 2 (part), 1997)

   A.   Access to Streets. Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road, or a private street or road, conforming to city standards. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking. Parcels located on a private street or road that were legally established prior to the effective date of this development code, are exempt from the required compliance with the latest adopted city standards for private streets or roads.

   B.   Access to Structures.

      1.   Accessory structures and architectural features shall be provided so that they do not obstruct access to primary structures or accessory living quarters. Also refer to Section 16.44.150 (Residential Accessory Structures and Uses).

      2.   Fences and walls shall provide an access gate or other suitable opening at least forty-eight (48) inches in width to provide access to primary or accessory structures.

(Ord. 182 § 2 (part), 1997)

   A.   Air Pollution. Sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, the Southern California Association of Governments, and the South Coast Air Quality Management District's (SCAQMD) Rules and Regulations and Final Air Quality Management Plan. No person shall operate a regulated source of air pollution without a valid operation permit issued by the SCAQMD. Uses, activities, or processes that require SCAQMD approval of a permit to operate shall file a copy of the permit with the department within thirty (30) days of its approval.

   B.   Dust and Dirt. Land use activities that may create dust emissions (e.g., construction, grading, etc.) shall be conducted to create as little dust or dirt emission beyond the boundary line of the parcel as possible including, but not limited to, the following:

      1.   Scheduling. Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading;

      2.    Operations During High Winds. Clearing, earth-moving, excavation operations, or grading activities shall cease when the wind speed exceeds twenty-five (25) miles per hour averaged over one hour;

      3.   Area of Disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations or grading shall be the minimum required to implement the allowed use;

      4.   Dust Control. During clearing, demolition, earth-moving, excavation operations, or grading, dust emissions shall be controlled by regular watering, paving of construction roads, or other dust-preventive measures (e.g., hydroseeding, etc.), subject to the approval of the city engineer.

         a.   Material(s) excavated or graded shall be watered to prevent dust. Watering, with complete coverage, shall occur at least twice daily, preferably in the late morning and after work is done for the day.

         b.   Material(s) transported off-site shall be either sufficiently watered or securely covered to prevent dust.

      5.   On-site Roads. On-site roads shall be paved as soon as feasible. During construction, roads shall be watered periodically, and/or shall be chemically stabilized; and

      6.   Revegetation. Graded areas shall be revegetated as soon as possible to minimize dust and erosion. Portions of the construction site to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained, subject to the discretion of the city engineer.

   C.   Exhaust Emissions. Construction-related exhaust emissions shall be minimized by maintaining equipment in good running condition and in proper tune in compliance with manufacture's specifications. Construction equipment shall not be left idling for long periods of time.

   D.   Odor Emissions. Noxious odorous emissions in a matter or quantity that is detrimental to or endangers the public health, safety, comfort, or welfare is declared to be public nuisance and unlawful, and shall be modified to prevent further emissions release.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

   A.   Purpose. It is in the public interest to preserve the city's rural equestrian and agricultural character and to protect equestrian facilities, kennels and agricultural operations as a high-community priority while minimizing conflicts with new urban development. The intrusion of urban development often leads to restrictions on equestrian, kennel and agricultural operations to the detriment of the equestrian and rural agricultural uses. The purposes of this section are to:

      1.   Preserve and protect, those lands where agricultural uses and the keeping of livestock are allowed;

      2.   Support and encourage continued agricultural operations in the city: and

      3.   Notify prospective purchasers, residents and tenants of property adjoining or near agricultural operations, including the keeping of livestock (including, but not limited to, kennels). of the inherent conflicts associated with the purchase of the residence including the presence of chemicals, dust, light, noise, odors. and traffic that may occur near agricultural operations.

   B.   Relationship to Nuisance.

      1 .   Properties with existing horses or livestock in areas that allowed the keeping of animals at the time of adoption of this development code shall have the right to maintain the animals in the same manner not withstanding health and safety issues. New development shall bear the responsibility for providing appropriate buffers or setbacks between the existing development and the new development. No agricultural or livestock use shall become a nuisance to adjacent land uses, when the use was not a nuisance at the time it was established.

      2.   This section shall not be construed as modifying existing laws relative to nuisances, but is only to be utilized in the interpretation and enforcement of the provisions of this development code.

   C.   Disclosure by Subdivider. The subdivider of any property located within five hundred (500) feet of land utilized or zoned for agricultural use shall disclose, through a notation on the final map of the subdivision, within conditions, covenants and restrictions (CC&Rs), if prepared, and through the recordation of a separate acknowledgment statement, the presence of agricultural and appurtenant uses in the proximity through the following, or similar statement:

"The property(ies) within this subdivision is(are) located within five hundred (500) feet of land utilized or zoned for agricultural operations and residents/occupants of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, including, but not limited to, acaricides, fertilizers. fungicides, herbicides. insecticides, and rodenticides; and from pursuit of agricultural operations, including crop production and processing, and the keeping and raising of animals which may generate dust, light, noise, odor, and traffic. The city has adopted policies to encourage and preserve agricultural uses and operations in the vicinity of the city. Residents/occupants of property(ies) within this subdivision should be prepared to accept inconveniences or discomfort as normal and necessary to agricultural operations."

   D.   Disclosure Prior to Issuance of Building Permits. Where a new structure intended for human occupancy is to be located on property which is located within five hundred (500) feet of land utilized or zoned for agricultural use, the owner(s) of the property shall, prior to issuance of a building permit, be required to sign and re-cord a statement in a form similar to that specified in subsection A (Disclosure by Subdivider) above. In lieu of signing the statement required above, the owner(s) may submit evidence that the statement in subsection A above, has been made a part of subdivision documents creating the parcel on which the structure is to be located.

(Ord. 253 § 2 (part): Ord. 182 § 2 (part), 1997)

   A.   Investigation Required. In compliance with the provisions of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621, et. seq.) and the Safety Element of the city of Murrieta general plan , a geologic/soils investigation shall be required for any development proposal either located in an area where liquefaction, subsidence, landslide. and fissuring are considered hazards or involving structures for human occupancy within the earthquake fault zones shown on the maps prepared by the state of California department of Conservation. The maps delineating the earthquake fault zones and other geologic hazards are on file at the department.

   B.   Exemptions. Exemptions from the provisions of this section may be granted under the following circumstances:

      1.    The proposal involves single-family wood frame dwellings on parcels of land for which a geologic investigation has been previously prepared and approved.

      2.    The proposal is limited to an addition or alteration to a structure that does not exceed twenty-five (25) percent of the square footage of the structure prior to the proposed addition or alteration.

      3.    A waiver is granted based on a determination that there is no undue hazard of significant rupture. Waivers for proposals within the Wildomar and the Willard fault zones shall be submitted to and approved by the state geologist.

   C.   Requirements for Critical Facilities. Active faults may exist outside of identified hazard zones. Geologic investigations shall be required for the following critical uses:

      1.    Ambulance services;

      2.   Emergency operations centers (EOC's):

      3.    Hospitals and other emergency medical facilities;

      4.    Police, fire, and communications systems:

      5.    Power plants:

      6.    Sewage treatment plants;

      7.    Utility substations;

      8.    Water works;

      9.    Those uses which manufacture, handle, or store hazardous or explosive materials; and

      10.    Occupancy capacity for schools and other public assembly uses shall be the cumulative total of all buildings and facilities which are a part of, related to, the primary use, (e.g., a school auditorium, cafeteria, classrooms, etc.) which shall be added together to calculate occupancy capacity for a proposed school site.

   D.   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 who is either an employee or under contract to the city. The applicant shall be responsible for all associated review costs. The content of the geologic/soils investigation reports shall include: purpose and scope of investigation, geologic setting, site description and conditions, and methods of investigation, subsurface and geophysical investigations, conclusions and recommendations. Copies of all geologic investigations shall be kept on file at the department.

All investigations involving proposals within the Wildomar and the Willard earthquake fault zones shall be filed with the state geologist within thirty days following acceptance.

(Ord. 182 § 2 (part), 1997)

All structures shall meet the following standards relating to height, except for fences and walls, which shall comply with Chapter 16.22 (Fences, Hedges, and Walls).

   A.   Maximum Height. The height of structures shall not exceed the standard established by the applicable zoning district in Article II (Zoning Districts and Allowable Land Uses). Maximum height shall be measured as the vertical distance from finish grade to an imaginary plane located the allowed number of feet above and parallel to the finish grade.

   B.   Structures on Sloping Parcels. Where the average slope of a parcel is greater than one foot rise or fall in 7 feet of distance from the street elevation at the property line, structure height shall be measured in compliance with Chapter 16.24 (Hillside Development).

   C.   Exceptions to Height Limits. Exceptions to the height limits identified in this development code shall apply in the following manner:

      1.   Roof-mounted Features. Roof-mounted features including chimneys, cupolas, clock towers, elevator equipment rooms, equipment enclosures, and similar architectural features shall be allowed, up to a maximum of fifteen (15) feet above the allowed structure height. The total square footage of all structures above the heights allowed in the zoning districts shall not occupy more than twenty-five (25) percent of the total roof area of the structure. Greater height or area coverage may be allowed subject to the approval of a minor conditional use permit in compliance with Chapter 16.52.

      2.   Parapet Walls. Fire or parapet walls may extend up to four feet above the allowable height limit of the structure.

      3.   Public Assembly, Hotels, Class "A" Office and Public Structures. Places of public assembly including churches, schools, assembly halls, Class "A" office buildings greater than three (3) stories, hotels and other similar structures may exceed the established height limit by one (1) foot for every two (2) feet that the minimum required front, rear and side yard setbacks are increased. The increase in the front, rear and side yard setbacks is determined by averaging the total of the increased building setbacks at the closest point on all sides. The maximum additional height allowed is thirty (30) feet above the height limit established for the applicable zoning district. This exception shall not apply when the site is adjacent to single-family zoned property. This exception may be used in conjunction with the height exception for rooftop equipment.

   4.   Telecommunications Facilities. Telecommunication facilities, including antennae, poles, towers, and necessary mechanical appurtenances, may be authorized to exceed the height limit established for the applicable zoning district, subject to the approval of a conditional use permit in compliance with Chapter 16.52.

(Ord. 412 § 3, 2008; Ord. 337 § 7, 2005; Ord. 182 § 2 (part), 1997)

   A.   Exterior Lighting. Exterior lighting shall be:

      1.   Architecturally integrated with the character of adjacent structure(s);

      2.   Directed downward and shielded so that glare is confined within the boundaries of the subject parcel;

      3.   Installed so that lights not blink, flash, or be of unusually high intensity or brightness.

      4.   Appropriate in height, intensity, and scale to the uses they are serving. Outside and parking lot lighting shall not exceed 0.3 footcandles at residential property lines.

   B.   Security Lighting. Security lighting shall be provided at all entrances/exits, to structures in multi-family zoning districts and nonresidential zoning districts. The minimum illumination shall be two-foot candles at ground level in front of the entrance/exit.

   C.   Shielded Lighting. Light sources shall be shielded to direct light rays onto the subject parcel only. The light source, whether bulb or tube, shall not be visible from an adjacent property. This section does not apply to residential uses, sign illumination, traffic safety lighting, or public street lighting.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

   A.   Purpose. The purpose of this section is to restrict the use of certain light fixtures emitting into the night sky undesirable light rays that have a detrimental effect on astronomical observation and research. This section is not intended to restrict the use of low pressure sodium lighting of single family dwellings for security purposes.

   B.   Approved Materials and Methods of Installation. This section is not intended to prevent the use of any design, material, or method of installation not specifically prohibited, provided the alternate has been approved by the director. The director may approve a proposed alternate if it:

      1.   Provides at least approximate equivalence to the applicable specific requirements of this section; and

      2.   Is otherwise satisfactory and complies with the intent of this section.

   C.   Definitions.

      Outdoor Light Fixtures. Outdoor artificial illuminating devices, installed or portable, used for floodlighting, general illumination, or advertisement. Devices shall include search, spot, and floodlights for:

      1.   Buildings and structures;

      2.   Recreational facilities;

      3.   Parking lots;

      4.   Landscape lighting;

      5.   Outdoor advertising displays and other signs;

      6.   Street lighting on private streets; and

      7.   Walkway lighting.

      Class I Lighting. Outdoor lighting used for outdoor sales or eating areas, assembly or repair area, outdoor advertising displays, and other signs, recreational facilities and other similar applications when color rendition is important.

      Class H Lighting. Outdoor lighting used for illumination for walkways, private roadways and streets, equipment yards, parking lot and outdoor security.

      Class III Lighting. That lighting not needed for Class 1 or Class II purposes and used for decorative effects. Examples of Class III lighting include, the illumination of flag poles, trees, fountains, statuary, and building walls.

      Dark Sky Zone. The circular area thirty (30) miles in radius centered on the Palomar Observatory. Fully Shielded. Outdoor light fixtures shielded or constructed so that light rays emitted by the fixtures are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.

      Partially Shielded. Outdoor light fixtures designed or constructed so that ninety (90) percent of the light rays emitted by the fixture are projected below the horizontal plane passing through the lowest point of the shield.

      Luminaire. A complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

   D.   General Requirements. The following standards apply within the dark sky zone.

      1.   Preferred Source. Low-pressure sodium lamps are the preferred illuminating source.

      2.   Shielding. All nonexempt outdoor light fixtures shall be shielded as required in subsection E, below.

      3.   Hours of Operation. All nonexempt outdoor light fixtures are subject to the provisions of subsection G, below, regarding hours of operation.

      4.   Outdoor Advertising Display. Lighting fixtures used to illuminate an outdoor advertising display shall be mounted on the top of the advertising structure. All fixtures shall comply with the lamp source and shielding requirements of subsection E below, and the prohibitions of subsection G.

   E.   Requirement for Lamp Source and Shielding. The requirements for lamp source and shielding of light emissions for outdoor light fixtures shall be as provided below:

 

NOTE: When lighting is allowed by this section, it shall be fully shielded and shall be focused to minimize the spill light into the night sky and onto adjacent properties.

   F.   Submission of Plans and Evidence of Compliance. The application for any required approval for work in the dark sky zone involving nonexempt outdoor light fixtures shall include evidence that the proposed work will comply with the requirements of this section. The submission shall contain the following:

      1.   The location of the site where the outdoor light fixtures will be installed;

      2.   Plans indicating the location and type of all outdoor fixtures on the site and the lighting patterns resulting therefrom;

      3.   A description of the outdoor light fixtures including manufacturer's catalog cuts and drawings. The above required plans and descriptions shall be submitted as part of the building plan check process and shall be sufficiently complete to enable the city to readily determine the compliance with the requirements of this section.

   G.   Prohibitions.

      1.   All Class I lighting shall be off between eleven (11:00) p.m. and sunrise, except as follows:

         a.   On-premise advertising signs may be illuminated while the business facility is open to the public.

         b.   Outdoor advertising displays may remain lighted until midnight;

         c.   Outside sales, commercial, assembly, repair, and industrial areas may be lighted when these areas are actually in use; and

         d.   Outdoor recreational facilities may remain lighted to complete recreational activities that are in progress and under illumination in compliance with this section at eleven (11:00) p.m.

      2.    All Class II lighting may remain on all night.

      3.    All Class III lighting shall be off between eleven (11:00) p.m. and sunrise.

      4.    Operation of searchlights for advertising purposes is prohibited.

   H.   Permanent Exceptions.

      1.   Noncompliance. All outdoor light fixtures existing and legally installed prior to the effective date of this development code are exempt from the requirements of this section; and

         a.   When existing luminaries are reconstructed or replaced, the reconstruction or replacement shall be in compliance with this section; and

         b.   Subsection G regarding hours of operation shall apply.

      2.    Fossil Fuel Light. All outdoor light fixtures producing light directly by combustion of fossil fuels (e.g., kerosene lanterns, and gas lamps) are exempt from the requirements of this section.

      3.   Holiday Decorations. Lights used for holiday decorations are exempt from the requirements of this section.

      4.   Emergency Exemptions. Portable temporary lighting used by law enforcement or emergency services

personnel to protect life or property are exempt from the requirements of this section.

      5.   High pressure sodium vapor (HPSV) lights may be used on public arterial and collector streets.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

This section provides standards for the screening and buffering of adjoining land uses, equipment and outdoor storage areas, and surface parking areas. Multi-family and nonresidential land uses shall comply with the requirements of this section.

In addition to the screening and buffering requirements contained in this section, the applicable standards and requirements contained in Sections 16.10.030 (Commercial Districts Design Standards), 16.12.030 (Industrial Districts Design Standards) and Section 16.34.100B (Standards for Off-Street Loading Areas) shall also apply.

   1.   All building-mounted and ground-mounted mechanical equipment and utility services (air conditioning, heating, cooling, elevator shafts, ventilation ducts and exhaust, equipment panels, etc.) shall be adequately screened from view in all horizontal directions as determined by the Director and in accordance with the following standards:

      a.   The screening method shall be architecturally compatible and integrated with the site development in terms of design, materials, color, form, architectural style and landscaping.

      b.   At a minimum, adequate screening shall be based on a line-of-sight in all directions from a point (5) feet above the grade of the building finished floor at a distance of six-hundred and sixty (660) feet as illustrated by Figure 18.120-1 on the following page.

      c.   Line-of-sight details shall be prepared by a qualified draftsperson, licensed contractor, licensed architect, registered civil engineer or licensed land surveyor and provided to the City.

   2.   Loading docks and refuse collection areas shall be screened from view in accordance with the following standards:

      a.   Except as provided in Section 16.12.030, all loading docks and refuse collection areas shall be screened from public view from abutting public streets and rights-of-way and from view of abutting property zoned or developed as residential or zoned open space.

      b.   The screening method shall be architecturally compatible with other site development in terms of materials, color, form and architectural style. Landscaping shall be incorporated adjacent to walls at the discretion of the director.

   1.   Outside storage and work areas shall be screened with a solid sight-obscuring masonry wall not less than six feet, or more than eight feet, in height, of a type and design approved by the director. The wall shall include sight-obscuring gates. The wall and gate(s) shall be continuously maintained in good repair; and

   2.   Site operations in conjunction with outdoor uses, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled area.

   The opaque screen shall consist of one, or a combination, of the following:

Separation Between Structures. Residential structures on the same lot (not attached) shall maintain a minimum separation of at least ten feet for one-story structures, fifteen (15) feet for two-story structures, and twenty (20) feet for three-story structures.

(Ord. 182 § 2 (part), 1997)

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

   A.   Setback Requirements. All structures shall conform with the setback requirements established for each zoning district by Article II (Zoning Districts and Allowable Land Uses), and with any special setbacks established for specific uses by this development code. Portions of a structure, including eaves or roof over-hangs, shall not extend beyond a property line or into an access easement or street right-of-way. Each yard shall be open and unobstructed from the ground upward, except as provided in this section.

   B.   Exemptions from Setback Requirements. The minimum setback requirements of this development code apply to all uses except the following:

      1.   Fences or walls constructed within the height limitations of the development code;

      2.   Decks, free-standing solar devices, steps, terraces and other site design elements that are placed directly upon the finish grade and do not exceed a height of eighteen (18) inches above the surrounding finish grade at any point; and

      3.   Retaining walls less than four feet in height above finished grade.

   C.   Measurement of Setbacks. Setbacks shall be measured as follows. (See Figure 3-2)

      1.   Front Yard Setbacks. The front yard setback shall be measured at right angles from the nearest point on the front property line of the parcel to the nearest point of the wall of the structure, except as follows:

         a.   Corner Parcels. The measurement shall be taken from the nearest point of the structure to the nearest point of the property line adjoining the street to which the property is addressed and the street from which access to the property is taken. Whenever a future street right-of-way line is officially established. required yards shall be measured from the established line(s);

         b.   Flag Lots. The measurement shall be taken from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a building line parallel to the lot line nearest to the public street or right-of-way.

      2.   Side Yard Setbacks. The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure; establishing a setback line parallel to the side property line, that extends between the front and rear yards.

      3.   Street side Yard Setbacks. The side yard on the street side of a corner parcel shall be measured from the nearest point of the side property line adjoining the street.

      4.   Rear Yard Setbacks. The rear yard shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure. establishing a setback line parallel to the rear property line, that extends between the side yards, except:

         a.   The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street. However. if an access easement or street right-of-way line extends into or through a rear yard. the measurement shall be taken from the nearest point of the easement or right-of-way line; and

         b.   Where the side lot lines converge to a point, a line five feet long within the parcel, parallel to and at a maximum distance form the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear yard. See Figure 3-3.

      5.   Nonparallel Lot Lines. Where a structure wall is not parallel to a side or a rear lot line, the required dimension of the side or rear yard along the line, may be averaged; provided that the resulting side yard shall not be less than three feet in width, and the rear yard shall not be less than ten feet in depth, at any point.

   D.   Allowed Projections into Setbacks. The following architectural features may extend into the front, side and rear yard setbacks, only as follows:

      1.   Chimneys/Fireplaces. A chimney/fireplace, up to six feet in width, may extend thirty (30) inches into a required setback, but no closer than three feet to a side or rear property line.

      2.    Canopies, Cornices, Eaves and Roof Overhangs. Cantilevered architectural features on the main structure, including, but not limited to, balconies, bay windows, canopies, cornices, eaves and solar de-vices, that do not increase the floor area enclosed by the structure, may extend into required yards as follows:

         a.   Front Yard Setback: Up to three feet into the required front yard;

         b.   Side Yard Setback: Up to two feet into a required side yard, but no closer than three feet to a side property line; and

         c.   Rear Yard Setback: Up to five feet into the required rear yard.

      3.   Porches and Stairways. Covered, unenclosed porches, located at the same level as the entrance floor of the structure and outside stairways and landings that are not enclosed, may extend into required yards as follows:

         a.   Front Yard Setback: Up to six feet into a required front yard;

         b.   Side Yard Setback: Up to three feet into a required side yard, but no closer than three feet to a side property line; and

         c.   Rear Yard Setback: Up to six feet into a required rear yard.

      4.   Setback Requirements for Specific Structures:

         a.    Hot Tubs, Swimming Pools/Spas and Other Site Design Elements.

            1)   Under Eighteen (18) Inches. Site design elements less than eighteen (18) inches above finish grade are exempt from setback requirements. Swimming pools, or other recreational pools or landscape ponds may be located in a required front or side yard, subject to the approval of a minor conditional use permit (Chapter 16.52) and applicable building and health codes.

            2)   Eighteen (18) Inches and Over. Detached decks, freestanding solar devices, hot tubs, steps, swimming pools/spas, terraces and other site design elements that are placed directly upon the finish grade, and which equal or exceed a height of eighteen (18) inches above the surrounding finish grade at any point, shall conform to the setback requirements identified in Article II (Zoning Districts, Allowable Land Uses) for detached accessory structures.

         b.    Retaining Walls. (Retaining walls up to four feet in height are exempt.)

            1)   Up to Six Feet. Retaining walls up to six feet in height may be located within a required set-back provided the exposed side of the wall faces into the subject parcel; and

            2)   Over Six Feet. Retaining walls greater than six feet in height, or where the exposed side of the wall faces out from the subject parcel without regard to height, shall be subject to the same requirements as the main structure in the applicable zoning district.

   E.   Coverage.

      1.   Measurement. The total area of the building footprint measured from the outside edges of the exterior walls.

      2.    Arbor, Gazebo and Trellis. An attached or detached accessory structure that complies with either of the following standards shall be exempt from lot coverage:

         a.   The structure is substantially open to the passage of light and air on at least three sides, and which has a roof of typical lattice or which is not less than fifty (50) percent open to the sky at any point across the entire structure.

         b.   The structure does not have more than two hundred (200) square feet of area under a solid roof (excluding open eaves) and is substantially open to the passage of light and air on at least three sides.

      3.   Guest Parking. Guest parking that is covered shall be exempt from lot coverage.

      4.   Exceptions for Public Benefit. The city council may increase the maximum amount of lot coverage from between five percent and twenty (20) percent as a means of recognizing an applicant's efforts to address neighborhood compatibility and/or to acknowledge the inclusion of public benefits and both on-site amenities and public amenities beyond that normally required of a similar development proposal. Conditions under which a lot coverage increase could be considered include, but are not limited to, at least two of the following: the use of a substantial amount of single-story structures; construction of off-site infrastructure not otherwise needed for the project; the inclusion of useable public open spaces; enhanced landscaping or public and on-site recreational opportunities. As the amount of the lot coverage exception increases, the number and extent of the public benefits as well as on-site and public amenities would expand accordingly.

(Ord. 300 § 2, 2004; Ord. 297 § 4, 2004; Ord. 182 § 2 (part), 1997)

This section provides standards for the provision of solid waste (refuse) and recyclable material storage areas in compliance with state law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911).

   A.   Multi-family Projects. Multi-family residential projects with five or more dwelling units, shall provide re-fuse and recyclable material storage areas in the following manner:

      1.   Individual Unit Storage Requirements. A minimum of three cubic feet shall be provided for the storage of refuse and a minimum of three cubic feet shall be provided for the storage of recyclable material; and

      2.   Common Storage Requirements. The following are minimum requirements for common refuse and recyclable material storage areas for multi-family developments, which may be located indoors or out-doors as long as they are readily accessible to all residents. These requirements apply to each individual structure. Areas are measured in square feet.

 

 

   B.    Nonresidential Structures and Uses. Nonresidential structures and uses within all zoning districts shall provide refuse and recyclable material storage areas. The following are minimum storage area requirements. These requirements apply to each individual structure. Areas are measured in square feet.

 

   C.    Location Requirements. Refuse and recyclable materials storage areas shall be located in the following manner:

      1.    Refuse and recyclable material storage shall be adjacent/combined with one another. They may only be located inside a specially-designated structure, on the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access or in rear yards and interior side yards. Exterior storage area(s) shall not be located in a required front yard, street side yard, parking space, landscaped or open space areas or any area(s) required by the municipal code.

      2.   Storage area(s) shall be accessible to residents and employees at all times. Storage areas within multi-family residential developments shall be located within two hundred fifty (250) feet of an access door-way to the dwellings which they are intended to serve;

      3.   Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector;

      4.   Storage bins shall be screened in compliance with Section 16.180.120 (Screening and Buffering); and

      5.   Storage areas shall not be closer than twenty (20) feet from doors or operable windows of adjacent structures.

   D.   Design and Construction. The design and construction of the storage area(s) shall:

      1.   Be compatible with the surrounding structures and land uses;

      2.   Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials;

      3.   Provide a concrete pad within the fenced or walled area(s) and a concrete apron which facilitates the handling of the individual bins or containers;

      4.   Protect the areas and the individual bins or containers provided within from adverse environmental conditions that might render the collected materials unmarketable; and

      5.   Be appropriately located and screened from view on at least three sides. Screening shall consist of solid masonry walls, metal gates, and landscaping. Overhead trellises high enough to accommodate three-yard capacity dumpsters may be required to screen views from above. The design shall be architecturally compatible with the surrounding structures and subject to the approval of the director.

   A.   Streets. The street design shall conform both in alignment and width to the general plan circulation element and the rights-of-way for these streets shall be dedicated to the city. The street design shall conform to any proceedings affecting the division of land which may have been initiated or approved by the council or approved by the council upon initiation by other legally constituted authorities of the county or state, and shall be subject to the approval of the city engineer.

   B.   Alignment of Streets. All streets shall, so far as practicable, be in alignment with existing adjacent streets by continuations of the established or mapped center lines or by adjustments with curves.

   C.   Intersections. Street center lines shall be required to intersect one another at an angle as near to the right angle as is practicable by tangents not less than one hundred (100) feet in length.

   D.   Extensions, Cul-de-sacs. Where necessary to give access to, or provide for a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the land being divided and the resulting dead-end or cul-de-sac streets shall require a turn-around. In all cases, unless specifically excepted by the city engineer, the turn-around shall have a minimum curb-to-curb diameter of fifty-six (56) feet. Cul-de-sac streets shall not exceed six hundred sixty (660) feet in length in a high fire hazard area and one thousand three hundred twenty (1,320) feet in length in a nonhazardous area.

   E.   Intersection Corner Rounding. Whenever a street intersects another street, the property lines at each block corner shall be rounded with a curve having a radius of not less than twenty-five (25) feet. A greater curve radius may be required by the city engineer if streets intersect at other than right angles.

   F.   Curve Radii. The center line curve radii on all streets shall conform to accepted engineering standards of design and shall be subject to the approval of the city engineer.

   G.   Grades of Streets.

      1.   Street grades for local streets may only exceed twelve (12) percent when engineering design shows that the grade proposed is safe and that the lesser grade would deny access to land appropriate for use. The street grades shall be subject to the review of the city engineer and fire chief.

      2.   Street grades shall not be less than 1.0 percent unless approved by the city engineer.

(Ord. 337 § 13, 2005; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

Electric and telephone facilities, fire alarm conduits, street light wiring, cable television, and other wiring conduits and similar facilities shall be placed underground by the developer for all new development and when a new electrical hookup is provided in conjunction with the installation/replacement of an electrical service panel. The director may grant a modification or waiver of this requirement, after considering the general purposes and nature of the proposed development.

(Ord. 182 § 2 (part), 1997)

   A.   Uses that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:

      1.   Uses shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the lot containing the activities;

      2.   Uses, activities, and processes shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health, or peace of residents whose property abuts the property lines of the lot;

      3.   Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining lots; and

      4.   Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks) are exempt from the provisions of this section.

(Ord. 182 § 2 (part), 1997)

   A.   It is the purpose of this section to specify how compliance with Government Code §§ 65915, 65915.5, 65915.7, and 65917 ("State Density Bonus Law") will be implemented, as required by Government Code § 65915(a).

   B.   It is the purpose of this section to implement the goals, objectives and policies of the Housing Element of the City's General Plan.

   C.   It is the purpose of this section to provide the implementing framework, as it relates to affordable housing density bonuses, and offer concessions and incentives for eligible housing developments which are consistent with the City's long-standing commitment to provide for affordable housing.

(Ord. 549 § 2, 2019)

   The definitions found in State Density Bonus Law shall apply to the terms contained in this subsection.

(Ord. 549 § 2, 2019)

   A housing development as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and agrees to provide low, very-low, senior or moderate income housing units or units intended to serve transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in State Density Bonus Law. A housing development includes only the residential component of a mixed use project. A commercial development as defined in subsection 16.20.100 shall be eligible for a commercial development bonus as provided in subsection 16.20.100.

   The granting of a density bonus, incentive or concession, pursuant to this section, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.

(Ord. 549 § 2, 2019)

   A.   Any applicant requesting a density bonus and any incentive(s), waiver(s), parking reductions, or commercial development bonus provided by State Density Bonus Law shall submit a density bonus report as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development, commercial development, or mixed-use development. The requests contained in the density bonus report shall be processed concurrently with the planning application. The applicant shall be informed whether the application is complete consistent with Government Code § 65943.

   B.   The density bonus report shall include the following minimum information:

      1.   Requested Density Bonus.

         a.   Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

         b.   Summary table identifying the proposed on-site parking and how it is allocated within the scope of the project. The applicant shall consult with the provisions of Government Code § 65915.

         c.   A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units, and if applicable, the location of all major transit stop(s) as defined under Government Code § 65915, and/or fixed bus route(s) as described under Government Code § 65915 for a rental project for those sixty-two (62) or older, or a for a special needs housing development, or combination thereof.

         d.   The zoning and general plan designations and assessor’s parcel number(s) of the housing development site.

         e.   A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.

         f.   Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five-year period preceding the date of submittal of the application.

         g.   If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code § 65915(g) can be met.

      2.   Requested Concession(s) or Incentive(s).

         In the event an application proposes concessions or incentives for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:

         a.   The City's usual development standard and the requested development standard or regulatory incentive.

         b.   Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

         c.   If approval of mixed use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the cost of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed use zoning will provide for affordable housing costs or rents.

      3.   Requested or Waiver(s).

         In the event an application proposes waivers of development standards for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:

         a.   The City's usual development standard and the requested development standard.

         b.   Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code § 65915.

      4.   Requested Parking Reduction.

         In the event an application proposes a parking reduction for a housing development pursuant to Government Code § 65915(p), a table showing parking required by the zoning regulations, parking proposed under § 65915(p), and reasonable documentation that the project is eligible for the requested parking reduction.

      5.   Child Care Facility.

         If a density bonus or incentive is requested for a child care facility in a housing development, reasonable documentation that all of the requirements included in Government Code § 65915(h) can be met.

      6.   Condominium Conversion.

         If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

      7.   Commercial Development Bonus.

         If a commercial development bonus is requested for a commercial development, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, as defined in subsection 16.20.100, and reasonable documentation that each of the standards included in subparagraph 16.20.100.C has been met.

      8.   Fee.

         Payment of any fee in an amount set by resolution of the City Council for staff time necessary to determine compliance of the Density Bonus Plan with State Density Bonus Law.

(Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 549 § 2, 2019)

   All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density, as well as, the resulting number of affordable units needed for a given density bonus project.

   A.   If a housing development qualifies for a density bonus under more than one income category, or additionally as senior housing or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated with and granted to. Density bonuses from more than one category can be combined up to maximum allowed under State Density Bonus law.

   B.   The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law.

   C.   The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in Government Code § 65915(b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under State Density Bonus Law.

(Ord. 549 § 2, 2019)

   A.   Incentives include incentives and concessions as defined in State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.

   B.   Nothing in this subsection requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

(Ord. 549 § 2, 2019)

   All requests for density bonuses, incentives, parking reductions, waivers, or commercial development bonuses shall be considered and acted upon by the approval body with authority to approve the development within the timelines prescribed by Government Code §§ 65950 et seq., with right of appeal to the City Council.

   A.   Eligibility for Density Bonus, Incentive(s), Parking Reduction, and/or Waiver(s) for a Housing Development. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of state law as applicable:

      1.   The housing development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to low and very low income households as required by Government Code § 65915(c)(3).

      2.   Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code § 65915(k)(2).

      3.   The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code § 65915.

      4.   The housing development is eligible for any requested parking reductions under Government Code § 65915(p).

      5.   If the density bonus is based all or in part on donation of land, all of the requirements included in Government Code § 65915(g) have been met.

      6.   If the density bonus or incentive is based all or in part on the inclusion of a child care facility, all of the requirements included in Government Code § 65915(h) have been met.

      7.   If the density bonus or incentive is based ail or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Government Code § 65915.5 have been met.

   B.   If a commercial development bonus is requested for a commercial development, the decision-making body shall make a finding that the development complies with all of the requirements of subparagraph 16.20.100.C, that the City has approved the partnered housing agreement, and that the commercial development bonus has been mutually agreed upon by the City and the commercial developer.

   C.   The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

      1.   The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in § 50052.5 of the Health and Safety code, or for affordable rents, as defined in § 50053 of the Health and Safety Code; or

      2.   The proposed incentive would be contrary to state or federal law; or

      3.   The proposed incentive would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

   D.   The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

      1.   The proposed waiver would be contrary to state or federal law; or

      2.   The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

      3.   The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

   E.   If any density bonus, incentive, parking reduction, waiver, or commercial development bonus is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the City pursuant to subsection 16.20.080.

(Ord. 549 § 2, 2019)

   A.   Except where a density bonus, incentive, waiver, parking reduction, or commercial development bonus is provided for a market-rate senior housing development, the applicant shall enter into an affordable housing agreement with the City, in a form approved by the City Attorney, to be executed by the City Manager, to ensure that the requirements of this subsection are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market-rate units.

   B.   Where a density bonus, waiver, or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, to require that the housing development be operated as "housing for older persons" consistent with state and federal fair housing laws.

   C.   The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest.

   D.   The affordable housing agreement shall include, but not be limited to, the following:

      1.   The number of density bonus dwelling units granted;

      2.   The number and type of affordable dwelling units

      3.   The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit;

      4.   The proposed location of the affordable dwelling units;

      5.   Schedule for production of affordable dwelling units;

      6.   Incentives or concessions or waivers provided by the city;

      7.   Where applicable, tenure and conditions governing the initial sale of the affordable units;

      8.   Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units

      9.   Marketing Plan; Publication and Notification of Availability of Affordable Units;

      10.   Compliance with Federal and State Laws;

      11.   Prohibition Against Discrimination;

      12.   Indemnification;

      13.   City's Right to Inspect Units and Documents;

      14.   Remedies;

      15.   Attorney(s) Fees Provision.

(Ord. 549 § 2, 2019)

   A.   The City may not issue building permits for more than 50 percent of the market rate units until it has issued building permits for all of the affordable units, and the City may not approve any final inspections or certificates of occupancy for more than 50 percent of the market rate units until it has issued final inspections or certificates of occupancy for all of the affordable units.

   B.   Affordable units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.

   C.   The number of bedrooms of the affordable units shall at least equal the minimum number of bedrooms of the market-rate units.

(Ord. 549 § 2, 2019)

   A.   The following definitions shall apply to Commercial Density Bonus:

      1.   Commercial development means a development project for nonresidential uses.

      2.   Commercial development bonus means a modification of development standards mutually agreed upon by the City and a commercial developer and provided to a commercial development eligible for such a bonus under subparagraph 16.20.100.C. Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.

      3.   Partnered housing agreement means an agreement approved by the City between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent consistent with subparagraph 16.20.100.C. A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the state in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial development and the housing development.

   B.   When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the City, the City shall grant a commercial development bonus mutually agreed upon by the developer and the City. The commercial development bonus shall not include a reduction or waiver of fees imposed on the commercial development to provide for affordable housing.

   C.   The partnered housing agreement shall include all of the following provisions:

      1.   The housing development shall be located either: (A) on the site of the commercial development; or (B) on a site within the City that is within one-half mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers.

      2.   At least 30 percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low-income households, or at least 15 percent of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for very low-income households.

      3.   The commercial developer must agree either to directly build the affordable units; donate a site consistent with subparagraph (i) above for the affordable units; or make a cash payment to the housing developer for the affordable units.

   D.   Any approved partnered housing agreement shall be described in the City's Housing Element annual report as required by Government Code § 65915.7(k).

(Ord. 549 § 2, 2019)

   If any portion of this subsection conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this subsection. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law.

(Ord. 549 § 2, 2019)

The purpose of this chapter is to establish requirements for fences, hedges and walls to ensure that these elements do not block views and sunlight; provide adequate buffering between different land uses; provide screening of outdoor uses and equipment; and are designed to provide aesthetic enhancement of the city.

(Ord. 182 § 2 (part), 1997)

The provisions of this chapter apply to all fences, hedges and walls unless otherwise stated.

These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the city for reasons of public safety.

(Ord. 182 § 2 (part), 1997)

Fences, hedges and walls may be erected/maintained to the heights shown in Table 3-3.

 

 

(Ord. 182 § 2 (part), 1997)

   A.   Fences and walls otherwise limited to three feet in height, may be allowed up to five feet in height with see-through (e.g., wrought iron or grille work) fencing material;

   B.   Fences and walls otherwise limited to six feet in height, may be approved up to eight feet in height with see-through (e.g., wrought iron or grille work) fencing material; and

   C.   Fences and walls may be allowed up to ten feet when the required setbacks are maintained. Heights greater than ten feet may be allowed subject to approval of the director.

(Ord. 182 § 2 (part), 1997)

Where there is a difference in the ground level between two adjacent parcels of less than two feet, the height of a fence or wall constructed along the property line shall be determined by using the finish grade of the highest contiguous parcel. When there is a difference in the ground level between two adjacent parcels of two feet or more, the height of a fence or wall shall be determined by the director.

(Ord. 182 § 2 (part), 1997)

Walls shall be provided and maintained between different zoning districts as follows:

   A.   Where a nonresidential or multi-family zoning district abuts a residential zoning district, a solid masonry wall C feet in height shall be constructed on the zone boundary line. Walls may be constructed higher than six feet if the viewshed is not impeded subject to the approval of the director;

   B.   Where a BP or IG zoning district abuts another zoning district, a solid masonry wall six feet in height shall be constructed on the zone boundary line;

   C.   Walls shall be of solid masonry construction and shall be of a decorative design when in view of public rights-of-way subject to approval of the director; and

   D.   The director may waive or modify requirements for walls between different zoning districts where a solid masonry wall already exists on the contiguous property if the following findings can be made:

      1.   The existing wall meets or can be modified to conform to the intent of this chapter;

      2.   Suitable landscaping can be installed adjacent to the existing wall to supplement and enhance the de-sired physical separation;

      3.   The existing wall can be protected to prevent vehicle damage, if necessary; and

      4.   Concurrence of the adjacent property owner can be obtained, to modify the existing wall to meet the requirements of this chapter.

(Ord. 182 § 2 (part), 1997)

   A.   Swimming Pools, Spas and Similar Features. Swimming pools, spas and other similar features shall be fenced in compliance with Chapter 15.48 (Swimming Pool Enclosures) of the municipal code.

   B.   Outdoor Equipment, Storage and Work Areas. Screening of outdoor uses and equipment and activities shall be provided in compliance with Section 16.18.120 (Screening and Buffering).

   C.   Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the approval of the director.

   D.   Fence and Wall Design. Perimeter fences/walls adjoining public rights-of-way shall be articulated in compliance with subsection 16.08.030(A)(5)(b) (Walls). The design shall include an appropriate mix of materials and landscaping subject to the approval of the director.

   E.   Construction Fencing. Active construction sites shall be enclosed with a locked temporary construction fence or similar barrier to prevent ease of access into the site.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

   A.   Prohibited Fencing Materials.

The director may waive or modify the requirements of this chapter to a project if the following findings can be made:

   A.   That the waiver of modification, as applied to the project, will not adversely impact adjoining properties; and

   B.   That the waiver or modification will not be contrary to the public health, safety and general welfare.

(Ord. 430-10 § 2, 2010; Ord. 182 § 2 (part), 1997)

The purpose of this chapter is to provide regulations for the development of areas in the city that, because of their topography, require special consideration to ensure that they are developed in a way that substantially maintains their natural character and environmental and aesthetic values to implement the general plan, and to provide for the safety, health, and welfare of the public by:

   A.   Providing guidelines and standards for development in visually sensitive hillside areas to minimize the ad-verse impacts of grading and to promote the goals and objectives of the general plan;

   B.   Maintaining an environmental equilibrium consistent with existing vegetation, wildlife, soils, geology, slopes, and drainage patterns, and to preserve natural topography and scenic character, including canyons, creeks, knolls, rock outcrops, and ridgelines whenever feasible;

   C.   Encouraging development proposals that feature water conservation and aquifer recharge techniques;

   D.   Encouraging development proposals that are sensitive to fire, flood, slide, erosion, pollution, or other safety hazards;

   E.   Encouraging sensitive development through flexible design and innovative arrangement of building sites by utilizing variable lot sizes, clustering, and setback variations;

   F.   Utilizing nontraditional design standards for streets and hillside grading where development quality and public safety are not affected;

   G.   Encouraging developments that incorporate desirable existing features of land (e.g., natural vegetation, viewsheds, topographic features);

   H.   Protecting significant natural areas for ecologic purposes, educational, and other scientific study purposes; 1. Encouraging the use of drought-tolerant plant material to protect slopes from soil erosion and slippage, preserve natural watershed, minimize fire hazard, and minimize the scarring and deformation of the natural landscape;

   J.   Limiting the impact of cut slopes on adjacent developed and undeveloped properties; and

   K.   Providing for appropriate intensity of development (e.g., density, massing, etc.) in hillside areas through a variety of design techniques to ensure that development intensity decreases as slopes become steeper (e.g., lot sizes appropriate for steeper topography and separation of structures sufficient to preserve the viewshed).

(Ord. 182 § 2 (part), 1997)

   A.   Hillside Area. The standards contained in this chapter apply to uses and structures within areas that have a slope of twenty (20) percent or greater and/or are designated on the significant features map on file with the department.

   B.   Basis for Slope Determinations. For the purpose of this chapter, slope shall be computed on the natural slope of the land before grading is commenced, as determined from a topographic map having a scale of not less than one inch equals one hundred (100) feet and a contour interval of not more than five feet.

   C.   Development Plan Permit Required. Hillside developments shall be subject to the approval of a development plan permit in compliance with Chapter 16.56.

   D.   The development standards, guidelines and provisions of this chapter shall be applied to those portions of land with a predominance of significant natural slopes exceeding twenty-five (25) percent and areas that are integrally contiguous or slopes determined as significant by the director. The provisions of this chapter shall apply to projects relating to subdivisions, permits, uses, structures, specific plans, master development plans, and associated site plans for development review except as specifically exempted by Section 16.02.020.

(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)

For the purposes of this chapter the following definitions shall apply:

Clearing. The removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means (also known as brushing and/or grubbing).

Cluster Development. A concept where structures are grouped on certain portions of a site, frequently of different shapes and sizes, surrounded by large expanses of open space.

Contour. A line drawn on a plan that connects points of equal elevation.

Cut. The mechanical removal of earth material.

Daylight Line. The line between the finished grade and natural terrain drawn by connecting points where pro-posed contours meet existing contours.

Elevation. Height or distance above mean sea level.

Erosion. The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces (e.g., as wind and water).

Fill. A deposit of earth material placed by artificial means.

Finished Grade. The final elevation of the ground surface after development, that is in conformance with the approved plan.

Grading. To bring an existing surface to a designed form by excavating, filling, or landforming operations in excess of fifty (50) cubic yards.

Contour Grading. A grading concept designed to result in earth forms that resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks.

Conventional Grading. A grading concept that results in simple, straight forward, cut and fill lines and even planed slopes. This is the most basic type of grading often resulting in an "engineered or man-made" appearance attributable to a lack of curvilinear or natural-appearing shapes.

Landform Grading. A grading method that replicates the irregular shapes of natural slopes. Landform graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into profiles, nonlinearity in plan view, varying slope gradients, and significant transition zones, between man-made and natural slopes.

Hillside. Land with an average rise or fall of twenty-five (25) percent or greater or a vertical rise of thirty (30) feet or more.

Mass Grading. The movement of large quantities of earth over large areas. Disruption of the majority of the on-site surface terrain resulting in a successive pad/terrace configuration. Modification or elimination of natural landforms may result.

Minimal Grading. A grading concept designed to minimize excavation and filling. Allows the movement of earth for projects (e.g., as individual building foundations, driveways, local roads, and utility excavation). The concept is associated with roads conforming closely to natural contours and with structures being built on natural terrain.

Pad. A level area created by grading to accommodate development.

Prominent Ridge. A ridge or hill location that is visible from Interstate 15, Interstate 215, or from an arterial or secondary street, that forms part of the skyline or is seen as a distinct edge against a backdrop of land. Ridge. An extended, narrow, conspicuous elevation of land generally between valleys.

Slope. An inclined ground surface, the inclination of which is expressed as a ratio of the vertical distance (rise), or change in elevation, to the horizontal distance (run). The percent of a given slope is determined by dividing the rise by the run, multiplied by one hundred (100).

Slope, Average. The method of determining average natural slope of land using the following equation:

   I x L x .0023 where
    A

I   = Contour interval in feet.

L   = Combined length in feet of contour lines measured on the project site.

.0023   = A constant that converts square feet into acres and expresses slope in percent.

A   = Project site area in acres.

Slope, Man-made. A manufactured slope consisting wholly or partially of either cut or filled material. Slope, Natural. A slope that is not man-made.

Slope, Significant Natural. A slope that is not man-made that exceeds twenty-five (25) percent and a vertical rise of thirty (30) feet or more.

Slope Ratio. The relationship of a slope's horizontal length to vertical height, with the height specified as one (e.g. 2:1).

Slope Transition. The area where a slope plane changes to meet the natural terrain or a level graded area either vertically or horizontally.

(Ord. 182 § 2 (part), 1997)

Applications for development within the hillside overlay zoning district shall comply with the submittal requirements of this chapter. When a development project is a specific plan or master development plan, the submittal requirements shall be incorporated in the appropriate sections of the corresponding documents. If adequate detailed studies are provided with the specific plan and/or master development plan, subsequent implementing development applications shall be reviewed for substantial conformance with these plans.

Application filing requirements are as follows:

   A.   A Natural Features Map. This map shall identify slope banks, ridgelines, canyons, natural drainage courses, U.S.G.S. blueline streams, rock outcroppings, sensitive biotic habitat, cultural resources, and other natural features determined to be worthy of consideration for preservation.

   B.   A Conceptual Grading Plan. A conceptual grading plan shall be submitted at a minimum scale of one inch to two hundred (200) feet (this scale may be adjusted with the approval of the department). The plan shall include the following items:

      1.   A legend with appropriate symbols indicating high point, low point, spot elevations, pad and finished floor elevations, top of wall, top of curb, change in direction of drainage, and planned drainage improvements;

      2.   A separate map with proposed fill areas and cut areas, depths of these areas clearly shown in five-foot topographic lines. Quantities of each cut and fill area shall be clearly marked and calculated as a percentage of the total site area. The fill and cut areas shall be either colored green and red, respectively, cross-hatched, or screened to delineate the separate areas;

      3.   Contours for existing and proposed land conditions. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown at minimum intervals of five feet of change in elevation, with two-foot contours in the flatter areas (if using Riverside County flood control district topographic maps, a four-foot interval may be used); and

      4.   Additional information as required to assist department review of the project.

   C.   Drainage Map. A conceptual drainage and flood control facilities map describing planned drainage improvements. The map shall utilize city standards or an acceptable alternate as determined by the city engineer.

   D.   Slope Analysis Map. A slope analysis map for the purpose of determining the amount and location of land as it exists in its natural state and for calculating average slope categories. A base topographical map of the site shall be prepared and shall have a scale of not less than one inch to two hundred (200) feet. The base topographical map shall include adjoining properties within one hundred (100) feet of the site boundaries to portray the site's context. Slope bands in contrasting colors shall be delineated in the range of zero to twenty-five (0—25) percent, twenty-six to fifty (26—50) percent, and fifty (50) percent or greater. A tabulation of the land area by slope percentage shall also be provided.

The exact method for computing the percent slope and area of each slope category shall be sufficiently de-scribed and presented so that a review can be readily made. A heavy solid line indicating the twenty-five (25) percent grade differential shall be clearly marked on the plan. An eight and one-half by eleven (8 1/2 x 11) inch legible acetate reduction of the slope analysis with appropriate legend shall also be provided.

   E.   Slope Profile Drawings. A sufficient number of slope profiles shall be provided to clearly illustrate the ex-tent of the proposed grading. A minimum of four cross-section slope profiles shall be included with the slope analysis. Additional profiles may be required by the city engineer. The slope profiles shall:

      1.    Be drawn at the same scale and indexed, or keyed, to the slope analysis map, grading plan, and project site map. Both vertical and horizontal scales shall be indicated;

      2.    Show existing and proposed topography, structures, and infrastructure. Proposed topography, structures, and infrastructures shall be drawn with a thin, solid line. Existing topography and features shall be drawn with a dashed line;

      3.    Extend at least one hundred (100) feet outside the project site boundary to clearly show the impact on adjacent property.

      4.    Be drawn along those portions of the site where:

         a.   The greatest alteration of existing topography is proposed;

         b.   The most intensive or massive development is proposed;

         c.   The site is most visible from surrounding land uses; and

         d.   Where grading will impact natural drainage conditions.

      5.    At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a ninety (90) degree angle to the other slope profiles and existing contour lines.

   F.   Indicate Source of Data. Both the slope analysis and slope profiles shall indicate the datum, source, and scale of topographic data used in the slope analysis and slope profiles.

   G.   Geotechnical Report. A geotechnical and soils report, prepared by a registered geotechnical engineer to city standards and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, including, but not limited to, hydrologic, seismic, access/circulation, and biota research may also be required to help in the determination of the buildable area of a site.

   H.   Design Guidelines. Design guidelines shall be provided for projects that are to be reviewed by the commission. Otherwise, illustrative building elevations showing all sides shall be provided.

   I.   No Grading Proposed. In the event that no grading is proposed, (e.g., custom lot subdivision) a statement to that effect shall be filed with a plan that shows possible future house plotting, pad grading, driveway de-sign, and septic system location for each parcel proposed. The plan shall be prepared on a topographic map drawn at a scale of one inch to two hundred (200) feet.

   J.   Additional Information. The following items may be required if determined necessary by the director to aid in the analysis of the proposed project:

      1.   A line of sight or view analysis;

      2.   Photographic and/or computer generated graphic renderings;

      3.   A topographic model and/or large scale detailed partial model; or

      4.   Other illustrative techniques determined necessary to aid in review of the project.

   K.   Exceptions to the filing requirements shall be determined by the director.

(Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)

Projects within designated hillside areas shall be subject to review and approval by the director or the commission in compliance with the provisions of this chapter.

   A.   Director Approval. The director shall approve, approve with conditions, or deny development proposal applications when the following conditions apply:

      1.   Development plan permits;

      2.   Extensions of time; or

      3.   Building permit reviews.

   B.   Commission Approval. The commission shall approve, approve with conditions, or deny development proposal applications when one or more of the following conditions apply:

      1.   When padded building sites are proposed; or

      2.   Proposals referred to the commission by the director.

   C.   Modification of Requirements. The commission may modify or waive a development standard when an improved or more sensitive design will result. Further, where it can be demonstrated that imposing hillside development standards would either render a parcel unbuildable and create a loss of its reasonable economic use, or place an undue restriction on the improvement of the property, development consistent with the general plan shall be allowed subject to approval by the commission, if the following findings can be made:

         a.   The site is physically suitable for the design and siting of the proposed development. The proposed development will result in minimum disturbance of environmentally sensitive areas;

         b.   The grading proposed in connection with the development will not result in soil erosion, silting of lower slopes, flooding, severe scarring or other geological instability or fire hazard that would affect health, safety and general welfare as determined by the city engineer;

         c.   The proposed development retains the visual quality of the site, the aesthetic qualities of the area and the neighborhood characteristics by utilizing proper structural scale and character, varied architectural treatments, and appropriate plant materials; and

         d.   The proposed development is in conformance with the qualitative development standards and guidelines as established in this chapter and is conformance with the goals, objectives and policies of the general plan.

(Ord. 182 § 2 (part), 1997)

The following are minimum standards and shall apply to a use, development, or alteration of land in compliance with Section 16.24.020 (Applicability). These standards are supplemented by the provisions of the development guidelines contained in Section 16.24.070 of this chapter.

   A.   Hillside Slope Categories. The following descriptions serve as general standards for hillside slope categories to ensure that development will compliment the overall character of the landform.

 

 

      1.   Projects located in hillside areas shall incorporate clustering, variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents.

      2.   When clustering techniques are used, minimum lot sizes may be decreased to five thousand (5,000) square feet when it is necessary to preserve sensitive lands (e.g., hillsides, creeks, habitat areas, etc.). Lots may be allowed smaller than five thousand (5,000) square feet, but not smaller than four thousand (4,000) square feet, for up to twenty (20) percent of the total approved lots and only under an approved specific plan when absolutely necessary to preserve sensitive and hillside areas. Lots under five thou-sand (5,000) square feet are prohibited in slope areas of twenty-five (25) percent or greater.

   C.   Driveways and Roadways.

      1.    Driveways shall enter public/private streets maintaining adequate sight distance as determined by the city engineer.

      2.   Driveways shall not be located within three feet of a side property line. Exceptions may be considered based on lot size, percent slope, appropriate drainage facilities and use as a common (joint) driveway.

      3.   Only slopes less than fifty (50) percent (2:1) shall be allowed adjacent to driveways.

      4.   Driveway grades above fifteen (15) percent may only be considered when driveways are aligned with the natural contours of the land, are necessary to achieve effective site design, and safety considerations are met to the satisfaction of the building and safety official, city engineer, and the fire department. Proper design considerations shall be employed, including the use of vertical curves. On driveways that may be approved with a slope greater than fifteen (15) percent, a coarse, all-weather paving material, or grooves for traction, shall be incorporated into the construction.

      5.   Roadways shall conform to the natural landform. Significant alterations to the physical and visual character of a hillside shall be avoided by eliminating large notches in ridgelines and wide straight alignments. Modified or reduced width road sections and split sections shall be considered in the layout of hillside streets to reduce grading and cuts in topography while allowing access for fire trucks and other emergency vehicles.

      6.   Where road construction is proposed in hillside areas, the standards shall be consistent with those identified for high fire hazard areas.

      7.   The extent of vegetation and visual disruption shall be minimized by the combined use of retaining structures and regrading to approximate natural slopes. The view along a street front shall provide a pleasant appearance with a sense of open space and landscaping. The use of terraced walls and landscaping to reduce grading impact associated with retaining walls is encouraged.

      8.   Wet utilities shall be placed in the road right-of-way, where feasible.

      9.   Appropriate roadway drainage and grades shall be provided.

   D.   Architecture.

      1.    The building envelope for primary structures, except for padded building sites, shall be as follows:

         a.    Downhill Lot. The maximum structure height shall be thirty (30) feet, measured from finished grade at the front setback line extending towards the rear of the lot. The maximum height at the side setbacks shall be fifteen (15) feet extending up toward the center of the lot at a forty-five (45) degree angle to a maximum height of thirty (30) feet as measured from finished grade.

         b.    Uphill Lot. The maximum structure height shall be fifteen (15) feet, measured from finished grade at the front setback line extending up towards the rear of the lot at a forty-five- (45-) degree angle to a maxi-mum height of thirty (30) feet. The maximum height at the side setbacks shall be fifteen (15) feet extending up towards the center of the lot at a forty-five- (45-) degree angle to a maximum height of thirty (30) feet as measured from finished grade.

         c.    Cross Slope Lot. The maximum structure height shall be thirty (30) feet, measured from finished grade at the maximum front setback line extending towards the rear of the lot. The maximum height at the side setbacks shall be fifteen (15) feet extending up towards the center of the lot at a forty-five-(45-) degree angle to a maximum of thirty (30) feet as measured from finished grade.

         d.    Architectural Projections Allowed. Architectural projections and variations in roof design are encouraged. Projections above the maximum height limits for architectural features may be allowed subject to approval by the director.

      2.   In steeper terrain, reduction of front yard setbacks may be considered in order to minimize rear yard grading.

      3.   Architectural treatments shall be provided on all sides of a structure. Elements of the architectural treatment used on the front facade shall be repeated on all sides of a structure with additional emphasis on those elevations visible from public rights-of-way.

      4.   Building materials and color schemes shall blend with the natural landscape. Colors shall be earth tones and the value (lightness or darkness) of the specific hue shall be as close to that of the immediately surrounding landscape as possible. Where exterior stucco is used, it shall have a final coat of integrated color in a muted earth tone. Contrasting color accents shall be kept to a minimum.

      5.   Treated wood or materials of a wood-like appearance, having the necessary fire retardant characteristics. are encouraged for exterior surfaces. Use of other natural materials (e.g., river rock) is also strongly encouraged. The reflectivity of exposed surfaces (walls, roofs, windows, frames, and paved surfaces) shall be mitigated by overhangs, trellises, planting, and similar features.

      6.   Exterior lighting shall be located and shielded so as to not impact adjacent property owners in terms of glare and privacy in compliance with Section 16.18.100 (Lighting).

   E.   Walls and Fences.

      1.   Retaining walls, not exceeding six feet in height, may be allowed to reduce grading, preserve natural features, or increase soil stabilization. Within the required front yard setback, individual retaining walls shall not exceed three feet in height.

      2.    Where multiple (terraced) walls are designed to retain larger slopes they shall not exceed six feet in height and shall be separated by a minimum of six feet horizontally. A maximum of two walls shall be placed together. Walls within the required front yard setback shall not exceed three feet in height and shall be separated by a minimum of three feet and shall incorporate landscaping to screen the wall(s).

      3.    Walls that are an integral part of the primary structure may exceed six feet in height; however, their visual impact shall be mitigated through contour grading and landscape treatment.

      4.   Crib walls may be approved on a case by case basis if it can be demonstrated that excessive height is not being created and provisions for extensive landscaping are incorporated.

      5.   Walls and fences shall incorporate materials and colors used in an adjacent structures. Naturally occur-ring materials (e.g., river rock, flagstone, etc.) shall be used whenever possible.

      6.   Walls and fencing visible from the public right-of-way shall be designed to incorporate visual interest through variation in placement, use of planters, differing materials, and modulation of the wall plane.

      7.   Walls and fences shall follow landform grading shapes and contours.

   E.   Landscaping. Revegetation in hillside areas shall reflect the visual patterns found naturally in local canyons and valleys. The landscaping as viewed from urban areas and arterial roadway system shall mask and screen man-made structures.

      1 .    Indigenous, or naturalized plants that blend naturally with the landscape shall be utilized in areas where planting is required.

      2.    Natural landform planting shall be used to soften manufactured slopes, reduce the impact of development on steep slopes or ridgelines. and provide erosion control. These landscape techniques shall serve to reintroduce landscape patterns that occur naturally in the hillsides.

      3.    A "vegetative backdrop" shall be maintained by replanting with native trees or the same vegetation that was removed. The vegetation should screen structures to the extent possible at maturity and preserve the appearance of the natural skyline.

      4.    The surface of graded or disturbed slopes with three feet or greater vertical height shall be protected against damage by erosion through the planting of deep rooted ground cover. Slopes exceeding eight feet in vertical height shall be planted with ground cover and a combination of shrubs and trees that have a high "root-to-shoot" ratio. The size of shrubs and trees shall be determined based on the individual project area as deemed appropriate by the department and/or commission.

      5.    Jute mesh or an equivalent shall be required when planting occurs between August fifteenth and April fifteenth, and when determined, as necessary, by a soils engineer and/or licensed landscape architect.

      6.    Indigenous, native vegetation shall be retained and supplemented within canyons and along natural drainage courses where grading does not occur, provided that it conforms with fuel modification and tire prevention plans.

      7.    Common open areas and front and side yards adjacent to a street shall be adequately landscaped and irrigated. The areas shall be provided with native plant materials that blend with the natural character of the surrounding landscape.

      8.    In order to protect slopes from soil erosion and slippage and to facilitate revegetation, an automatic irrigation system shall be installed on slopes with planting. Design and operation of the irrigation system shall respect the special conditions that exist in hillside situations specific to maintaining slope stabilization and integrity. In all cases, the emphasis shall be toward using plant materials that may eventually not need to be irrigated: therefore, temporary irrigation systems may be used as approved by the city's landscape architect and city engineer. Water and energy conservation techniques shall be utilized (e.g., drip irrigation, alluvial rockscape, etc.) Where irrigation systems are installed above ground, ultraviolet light resistant. brown line or other approved color, shall be used.

      9.    A permanent fuel modification area shall be required around development projects that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The fuel modification area shall be maintained by its owners, a homeowners' association, or other public nonprofit agency or conveyed in a public easement. Adequate provisions shall be made for the continual maintenance of these areas and the fire chief may require brush, vegetation, or debris to be removed and cleared consistent with the provisions of Chapter 8.32 of the municipal code. Where feasible, fuel modification areas shall be designated as common open space rather than private open space. The recommended width of the fuel modification area shall be based on applicable building and fire codes and the recommendations of the fire chief with consideration given to:

         a.   A worst-case Santa Ana wind condition;

         b.   The natural ungraded slope of the land within the project and in the areas adjacent to the project;

         c.   Fuel loading:

         d.   Access to the project by fire suppression equipment. and access directly to the fuel modified area, and egress out of the project in case of evacuation;

         e.   The on-site availability of water that can be used for fire fighting purposes with regard to fire flows, water pressure, and duration:

         f.   "Built-in" fire protection within structures (i.e., sprinklers etc.);

         g.   Soil erosion and sediment control measures; and

         h.   The fire department fuel modification policy document.

      10.    Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion.

   G.   Grading.

      1.   Grading shall not take place on natural slopes that exceed fifty (50) percent.

      2.   Slopes created by grading of the site shall not exceed fifty (50) percent or 2:1, without a soils report and stabilization study indicating a greater permissible slope. Slopes shall not exceed thirty (30) feet in height between terraces or benches, except that the commission may permit slopes exceeding these dimensions where the slopes will result in a natural appearance and will not create geological or erosion hazards. The soils report and stabilization study will be subject to third party review prior to approval by the city. Refer to the hillside development guidelines (16.24.070) for methods to accomplish this standard.

      3.   Structures shall not visually impair ridgeline silhouettes. Structures are not permitted closer to a prominent ridge than fifty (50) feet measured vertically on a cross-section or one hundred fifty (150) feet horizontally on a topographic map. whichever is more restrictive. Exceptions to this requirement for public facilities. utilities. and infrastructure necessary to serve the public health, safety, and welfare may be considered by the commission.

      4.   Clearing, excavation, or other earth disturbances shall not be permitted on hillside areas prior to the issuance of a grading permit. with the exception of county/state authorized soils remediation operations, drill holes, and exploratory trenches for the collection of geologic and soil data. Trenches are to be properly backfilled and in addition, erosion treatment provided where slopes exceed twenty-five (25) percent.

      5.   Manufactured cut and fill slopes exceeding ten feet in height which will be either exposed to public view, or are adjacent to environmentally sensitive areas, shall be landform or contour graded, where physically feasible, so that their ultimate appearance will resemble a natural slope. This will include slopes along streets and highways, slopes, adjacent to parks, schools, open spaces, and other public facilities and other prominent slopes. Refer to the hillside development guidelines (16.24.070) for methods to accomplish this standard.

      6.   Landform grading shall be used where zero to twenty-five (0-25) percent (nonhillside) slopes intersect with twenty-five to fifty (25-50) percent (hillside) slopes. Proper transitioning from manufactured slopes created by conventional grading methods to natural slopes shall be achieved gradually and naturally through the use of radii or irregular curvilinear shapes that will blend into the adjoining topography tangentially and not create abrupt changes.

      7.   Fill slopes shall not be placed perpendicular across a canyon. Straight line cut ofF fill slopes shall not be made to appear like a dam. The terminus of the fill shall, instead, be concave in shape to restore the can-yon appearance. This concave configuration shall be in combination with the use of substantially flatter slope ratios (4:1, 3.5:1, 3: I ) at or near the center of this indentation. Symmetrical or unsymmetrical con-cave configurations shall be used depending upon the adjoining or underlying topographic characteristics.

      8.   Minimal radius rounding at the edges of cut and fill slopes is not acceptable. Proper transitioning from manufactured slopes to natural slopes shall be achieved gradually and naturally through the use of radii or irregular curvilinear shapes that will blend into the adjoining topography tangentially and not create abrupt changes.

      9.   In the planning, design, and development of public utilities and infrastructure, every reasonable effort shall be made to minimize grading impacts and harmonize with the natural contours and character of the land.

      10.   Side yard slopes and low (less than twenty (20) feet in height) rear yard slopes whose view is blocked by future structures need not have landform design applied.

      11.   Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible. only those areas that will be built on, resurfaced, or landscaped shall be disturbed. Top soil shall be stockpiled during rough grading and used on pads or revegetated habitat areas, upon the recommendation of the soils engineer. Refer to the hillside development guidelines for methods to accomplish this standard.

      12.    Applicable requirements of the city and state shall be complied with in conjunction with a National Pollution Discharge Elimination System (NPDES) permit prior to the issuance of a grading permit, which may include, but is not limited to, an Erosion Control Plan, Best Management Plan (including Notice of Intent to be filed with the state Water Resources Control Board) and Construction Monitoring Program.

   H.   Drainage.

      1.    Debris basins, energy dissipating devices, and down drains shall be provided, where necessary, to reduce erosion when grading is undertaken in the hillside areas. Natural drainage courses should be retained where health and safety are not jeopardized. Drainage courses retained in a natural state shall be protected from grading activity. In instances where a crossing is required. a natural crossing and bank protection shall be preferred over steel and concrete systems. Where drainage structures are required, they shall be naturalized with coloration, plant materials, native rocks and/or concealment with grading techniques.

      2.    Drainage channels, slope drainage devices, interceptor drains and terrace drains should be placed in less visible locations. Down drains shall be hidden in swales diagonally or curvilinear across a slope face. In this manner they will be built into the overall landform of the slope. They should also receive a naturalizing treatment which may include native rock, colored concrete, and/or landscaping so that the structure appears as an integral part of the environment. In all cases, a concrete liner shall be used in addition to a naturalizing treatment.

      3.   Cross lot drainage usage shall be minimized. In situations where this is not possible using conventional design. optional techniques (e.g., single loaded streets, reduced densities, etc.) shall be considered. Use of cross lot drainage may be considered only after demonstration that this method will not adversely affect the proposed lots or adjacent properties, and that it is absolutely required in order to minimize the amount of grading which would result with conventional drainage practices.

      4.   Where cross lot drainage is utilized, the following shall apply:

         a.    Project Interiors. One lot may drain across one other lot if a maintenance easement is provided within either an improved, open V-swale gutter which has a naturalized appearance, or within a closed drainage pipe that shall be a minimum twelve (12) inches in diameter. This drainage shall be conveyed to either a public street or to a drainage easement. If drainage is conveyed to a private easement, it shall be maintained by its owners or a Homeowners' Association; otherwise. the drain-age shall be conveyed to a public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements. Irrigation lines shall be placed above swales to minimize the impacts in the event of a system failure. When irrigation lines cross an open V-swale they shall be placed in a galvanized pipe which is to be clamped to the soil on both sides of the swale subject to the review of the director.

         b.    Project Boundaries. On-site drainage shall be conveyed in an improved open V-swale gutter, which has a naturalized appearance, or within an underground pipe in either a private drainage easement, that is to be maintained by its owners or a homeowners' association, or it shall be conveyed in a public easement. The easement width shall be a minimum often feet. A greater width may be determined necessary on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements.

   I.   Public Safety.

      1.    Residential developments shall be constructed in a manner so as to reduce the potential for spread of brushfires as follows:

         a.   In the case of a conflict where more restrictive provisions are contained in the uniform building code or in the uniform fire code, the more restrictive provisions shall apply.

         b.   Roofs shall be covered with noncombustible materials (e.g., clay tile, concrete shake, tile, or similar materials). Open ends shall be stopped in order to prevent bird nests, or other combustible material, lodging within the roof and to prevent entry of flames.

         c.   Exterior walls and fences shall be surfaced with noncombustible or flame resistive materials. Alternate surface materials may be approved subject to the approval of the fire chief and Building Official. Except as otherwise provided herein, exterior walls shall extend to the ground.

         d.   Balconies. patio roofs, eaves and other similar overhangs shall be of noncombustible or flame resistive materials.

         e.   Plastic webbing, split or whole bamboo, reed or straw-like materials, corrugated plastic or fiberglass materials, and similar flammable materials are not permitted for use on patio covers.

         f.   Vents for attics and underfloor areas shall be designed and located to minimize the likelihood of spreading of fire.

         g.   Chimneys shall be provided with approved spark arresters.

      2.    Adequate water supply and pressure for proposed development shall be required in compliance with fire department Standards.

      3.    The fire chief shall require brush, vegetation, or debris to be removed and cleared within ten feet on each side of every roadway and access drive, and may enter upon private property to do so. This requirement shall not apply to single specimens of trees, ornamental shrubbery, or cultivated groundcover provided they do not form a means of readily transmitting fire.

      4.   If the fire chief determines in a specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, he or she may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this chapter.

      5.    Site design shall provide for all-weather equipment access to publicly maintained slope areas for maintenance and emergency purposes.

      6.    Structures and facilities shall be restricted in geologically hazardous areas.

      7.    Special construction features shall be required in the design of structures where site investigations con-firm potential geologic hazards.

      8.    Development not on public sewers shall be permitted only after site specific investigations have been conducted that demonstrate the soils are suitable for on-site wastewater disposal and the disposal of wastewater will not degrade the subsurface water quality.

      9.    Due to the hazard associated with saturated soils in areas of steep slopes, irrigation systems in critical areas that have the potential for failure in the judgement of the city engineer shall be required to be equipped with potentiometers to make sure that the systems will not operate when there is sufficient moisture in the soil.

(Ord. 182 § 2 (part), 1997)

The hillside development guidelines are intended to illustrate and amplify the appropriate development concepts for hillside areas. The guidelines are not intended to be an exhaustive list of standards, but rather policy statements, to encourage development that is sensitive to the unique characteristics common to hillside properties. The guidelines allow for flexibility and they encourage creativity, especially where a specific plan is prepared. How-ever, the development standards provided in Section 16.24.060 shall be considered as a "benchmark" against which hillside development proposals will be reviewed for compliance with the purposes of this chapter.

The guideline's purpose is to allow for innovative or alternate methods of design in hillside areas. Innovation is encouraged as long as the end result is one that respects the natural character of the hillside and is consistent with the purposes of this chapter and the goals, objectives and policies of the general plan .

Conformance with the guidelines will be incorporated in the preparation and approval of subdivisions and individual site developments. During the application review process, the city will evaluate the consistency of the proposal with the purposes of this chapter. Prior to the start of the design effort, it is recommended that the project design team members read the general plan and become familiar with its policies.

   A.   Site Design.

      1.   Design of building sites should be sensitive to the natural terrain. Structures should be located in a way that minimizes grading and preserves natural features (e.g., prominent knolls, ridgelines, etc.)

      2.   Preserve views of significant visual features, as designated on the hillside overlay zone map, as seen from both within and outside a hillside development. When designing lots and plotting homes, the following provisions should be considered:

         a.   Dwellings should be oriented to allow view opportunities. even though views may be limited. Residential privacy should not be unreasonably sacrificed; and

         b.   A significant public vista, skyline, open space corridor, or vertical open space corridor as seen from an interstate, an arterial, or a secondary street should be a major design element in the site planning process.

      3.   Where possible, graded areas should be designed with manufactured slopes located on the uphill side of structures.

      4.   To the extent possible. the width of a building, measured in the direction of the slope, should be minimized in order to limit the amount of cutting and tilling and to better "fit" the house to the natural terrain. The degree of slope will dictate how this is accomplished.

      5.   Clustering of development is encouraged in hillside areas regardless of size. This is particularly important in environmentally sensitive areas in order to reduce the potential for tire hazard, erosion and excess runoff, and to preserve existing natural features and open space.

   B.   Driveways and Roadways.

1. Driveways that serve more than one parcel are encouraged as a method of reducing unnecessary grading, paving, and site disturbance.

   C.   Architecture.

      1.    The form, mass, and profile of the individual buildings and architectural features should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Techniques that should be considered include:

         a.   Detaching the garage:

         b.   Integrating retaining walls into garage walls on sloping lots to reduce grading and minimize visibility of walls: and

         c.   Including architectural enrichments and variations in roof massing. Roofs should have low profiles to minimize their visual impact. On sloping land, the roof pitch should follow the slope of the hill-side, instead of being perpendicular to the hillside or opposing hillside slope. Care should be taken to avoid the use of gabled ends on downhill elevations. Upper stories should not be cantilevered out of the opposite direction of the hillside slope.

      2.   The design of the structure should give consideration to the lot's size and configuration in order to avoid the appearance of overbuilding and to minimize the blocking of views. For example, within a development, the majority of the units should not be designed with minimum setback to minimum setback.

      3.   Large expanses of a single material on walls, roofs, or paving areas should be avoided. Create interesting, small scale patterns by breaking up building mass, varying building materials, and through design and placement of windows and doors. Building plans and elevations should be varied throughout a development to avoid a monotonous "cookie-cutter" look.

   D.   Walls and Fences.

      1.   Walls and fences can be used to define a sense of place and create an attractive appearance. However, walls should not dominate a view, and their height should be limited adjacent to a street or trail or within a rear yard. Extensive landscaping should be used to reduce the visual impact of walls. In addition, street front walls should incorporate varying design and natural materials. The use of open view fencing is encouraged, so long as adequate public safety and residential privacy are maintained.

      2.   When possible, walls and fences should be designed as an integral part of the building in order to minimize the visual impact on surrounding areas.

      3.   Visually obtrusive solid fencing should be avoided in highly visible areas (unless required for sound attenuation), with the preference being for open (wrought iron) fencing.

   E.   Landscaping.

      1.   Street trees should be provided in select areas to enhance the natural character of the areas and create a more rural appearance. Street tree species selection, and spacing of trees, should be sensitive to the context in which they are planted. Species selection should also be respectful of potential impact on infra-structure improvements (i.e. root damage to streets, sidewalks, etc.).

      2.   Slopes should be designed with informal clusters of trees and shrubs to soften and vary the slope planes, consistent with landform grading concepts.

   F.   Grading.

There are three distinct types of grading proposed in these guidelines, each with a unique quality, each with an individual and appropriate application. Larger sites will most likely incorporate all three concepts in various parts of the plan.

      1.   Minimal Grading. This is typically used for large lot single family homes, custom homes with variable foundations that conform to the existing slopes, and other uses that utilize the least amount of grading in order to get the facility and structures built. This technique embraces the following concepts:

         a.   Grading should be limited to individual flat graded pad areas for residential building sites. Grading should be limited to only the required building areas and adjacent outdoor amenities in steep hillside areas;

         b.   Foundation systems that require little or no grading are encouraged, forcing the architecture to con-form to the land rather than the land to conform to the dwelling:

         c.   Roadways, driveways, and individual building pads should be designed to conform with the contours and to attempt to daylight in the center of the road or building pad to ensure a minimum cut and fill situation; and

         d.   The grading concept minimizes the amount of cubic yards of earth excavated and filled.

      2.    Contour Grading. This concept results in post-development landforms that exhibit many of the characteristics present within natural landforms. Contour grading is typically used in situations where conventional, terraced, grading with benches and slopes might be used but a "softened" grading look is desired. This would be desirable for areas that are limited in public view (i.e. concealed rear yards). Typically, contour grading can reduce required cut and fill volumes as compared with traditional, terraced, grading. The design elements associated with this type of grading include: (See Figure 3-9)

         a.   The use of horizontal and vertical curve variations for slope banks creating a curvilinear pattern;

         b.   Post-development landforms that exhibit natural terrain characteristics (without the heavy modeling effects of landform grading);

         c.   A general rounding of slopes at slope intersections and transition zones with natural grade;

         d.   Pad configurations that are curvilinear; and

         e.   Slopes that are designed with contour grading techniques (e.g., the location of slopes behind structure (not in side yards), slopes in hidden locations, or slopes less than ten feet in height).

      3.    Landform Grading. Graded slopes in this category will replicate the irregular shapes of natural slopes. Landform grading techniques should be used whenever slopes are created that will be open to public view. This is particularly true for slopes that exceed ten feet in height.

The intent of these grading guidelines, is to incorporate the basic principles of the landform grading concept as the preferred method in the design and construction of hillside development projects so that they w ill be in harmony with the natural topography and reflect natural plant distribution patterns. (See Figure 3-10)

Landform grading techniques embrace the following concepts:

         a.   Land plans should flow with the natural topography rather than against it. This means that street pat-terns and building pad configurations follow the underlying topographic features rather than cutting across them:

         b.   Landform graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into profiles with varying slope gradients and with significant transition zones between man-made and natural slopes;

         c.   Pad configurations are irregular. Slope down-drain devices either follow natural lines of the slopes or are tucked away in special Swale and berm combinations in order to conceal the drains from view. Exposed segments in visible areas are treated with natural rock for a more aesthetically pleasing appearance;

         d.   The technique should be used wherever possible to provide a variety of both slope percentage, slope direction, and topographical detailing in a three-dimensional, undulating. pattern similar to existing terrain: and

         e.   Manufactured cut and fill slopes exceeding ten feet in height that will be either exposed to permanent public view or are adjacent to environmentally sensitive areas should be designed with features characteristic of natural slopes, where physically feasible so that their ultimate appearance will resemble a natural slope. This will include slopes along streets and highways, adjacent to parks, schools, open spaces. other public facilities, and other prominent and visible slopes.

      4.    The following basic grading guidelines and techniques serve to implement preferred landform grading techniques and help avoid unnecessary cut and fill:

         a.    Cuts. When convex shaped natural features. (e.g., protruding minor landforms) are cut, the residual landform should not be a flat slope face, but rather should be restored to resemble the original. This will require more than just rounding at the edges but, in effect, reconfiguring it so the final result will give the appearance of a protruding ridgeline.

         b.    Use of variable slope ratios. Because Landform grading designs require the use of variable slope ratios at greater than 2:1 and may create valleys or concave indentations on building pad areas, they may result in loss of usable area. In addition, engineering and construction costs may increase. Be-cause of this, segments of a cut or fill slope may be designed with variable slope ratios less than 2:1, but not less than 1.5: I within the following guidelines and subject to third party review at the applicant's expense:

            1)   A geotechnical engineer shall certify that slopes will meet standard stability requirements;

            2)   The overall ratio from top to toe will be 2:1 or flatter; and

            3)   Ratios flatter than 2:1 will also be used in the slope design.

         c.    Grading operations should be planned to avoid the rainy season, October fifteenth (15th) to April fifteenth (I 5th). Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the city without regard to time of year.

         d.    A rounded and smooth transition should be made when the planes of man-made and natural slopes intersect. Where cut or fill conditions are created, slopes should be varied rather than left at a constant angle or create an unnatural, rigid, `'engineered" appearance. The angle of a graded slope should be gradually adjusted to the angle of the natural terrain.

         e.    Manufactured slopes adjacent to roadways shall be consistent with the landform grading and revegetation technique, where physically feasible to create visually interesting and pleasing streetscapes. The higher the slope becomes, the more important the modeling effect of landform grading becomes.

         f.    Top of slope berms shall be used to eliminate the possibility of drainage sheet flow over the slope that would potentially cause an unstable condition. Tops of slopes should be rounded in conformance with landform grading techniques, or increased in size to reduce the visual impact of the back of a home.

   G.   Drainage.

      1.   Natural drainage courses should be preserved and enhanced to the extent possible. Rather than filling them in, drainage features should be incorporated as an integral part of the project design in order to enhance the overall quality and aesthetics of a site, to provide attractive open space vistas, and to preserve the natural character of the site. Encourage the use of natural drainage courses as natural boundaries between neighborhoods.

      2.   Storm drainage runoff resulting from project development should be minimized. Where possible, flood control plans for storm waters should encourage the detention of water for percolation in to the ground-water to conserve it for future uses and to mitigate downstream flooding.

(Ord. 182 § 2 (part), 1997)

The purpose of the cultural resource preservation ordinance codified in this chapter is to establish a mechanism by which community resources such as buildings, structures and sites within the city of Murrieta, which are of pre-historic and historic interest or value. or which exhibit special elements of the city's architectural. cultural or social heritage may be identified, protected. enhanced, perpetuated and used in the interest of the public's health. safety. welfare and enrichment. The cultural resource preservation ordinance is also established to implement the provisions of the conservation and open space element of the general plan.

(Ord. 237 (part), 2001)

The provisions of the cultural resource preservation ordinance are applicable to any cultural and archaeological resource, archaeological district, or historic preservation district, within the city boundaries.

(Ord. 237 (part), 2001)

   "Adaptive Re-use" means converting a building to a use other than that for which it was originally designed.

   "Alteration" means any exterior change or modification, through public or private action, on any cultural re-source, or structures located in any historic preservation district, including but not limited to. exterior changes to or modification of structure. architectural details or visual characteristics such as paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the exterior visual qualities of the property.

   "Archaeological district" means any associated archaeological resources whose composite content affords in-formation about the past.

   "Archaeological resource" refers to any prehistoric Native American resource situated above ground or in a subsurface context. Archaeological resources include, but are not limited to, habitation and material processing sites, rock art, and artifact scatters.

   Certificate of appropriateness is the permit granted after an approval issued by the city council, which grants permission for the demolition or relocation of a designated cultural resource or contributing resource within the city.

   "Contributing resource" means a cultural resource that does not warrant designation on its own merits but is designated as a contributing element to a historic preservation district.

   "Cultural resource" means improvements, buildings, structures, signs, features, sites, scenic areas, places (including vacant land), trees or other objects of aesthetic, educational, cultural, architectural or historical significance to the citizens of Murrieta.

   "Demolition" means any act or process that destroys in part or in whole a designated cultural resource or contributing resource within the city.

   "Design guidelines" means the design principles/criteria contained in a document which illustrate appropriate and inappropriate methods of rehabilitation and construction. The purpose of using design guidelines is to aid design and decision-making with regard to retaining the integrity of scale, design intent, materials, feeling, patterns of development and historical character of a cultural resource.

   "Designated cultural resource" means any archaeological resource or cultural resource that has been designated in compliance with the ordinance codified in this chapter and placed on a city register of cultural resources.

   "Designated site" means a parcel or part thereof on which a designated cultural resource is or has been situated and which has been designated a cultural resource under the provisions of the ordinance codified in this chapter.

   "Development plan approval" means a development review process conducted by the planning division in compliance with the provisions of any applicable specific plan and the development code.

   "Historic preservation district" means any geographic area containing a concentration of cultural resources which have a special character, historical interest or aesthetic value, which possess integrity of location, design, setting. materials, workmanship and feeling, or which represent one or more architectural periods or styles typical to the history of the city and that has been designated a historic preservation district pursuant to the ordinance codified in this chapter and the provisions of the development code.

   "Improvement" means any building, structure, fence, wall, parking facility, work of art or other object constituting a physical man-made improvement or any part of such improvement.

   "Inventory" is the list of cultural resources in the city identified through a survey of such resources. It includes a physical description and a photograph of each historic resource. legal information from title or assessment re-cords, statements of significance according to the criteria in the ordinance codified in this chapter, and a statement of any threat to the integrity or continued existence of the cultural resource. The information for each cultural re-source is recorded on the appropriate community services district forms.

   "Natural feature" means any tree, plant life, geographical or geological site or feature subject to the provisions of the ordinance codified in this chapter.

   "Ordinary maintenance and repair" means any work, for which a building permit is not required, where the purpose of the work is to correct any deterioration of or damage to an improvement and to restore it to its condition prior to the deterioration or damage.

   "Qualified professional" means an individual meeting the Secretary of the Interior Qualification Standards. For archaeological resources, in addition to this qualified professional, a Native American representative shall provide input.

   "Register of cultural resources" means a working list of designated cultural resources.

   "Rehabilitation" means to restore the fabric of a building or structure to its original state.

   "Relocation" means to move any archaeological resource or cultural resource to a new location.

   "Secretary of the Interior Standards for Rehabilitation" means the guidelines prepared by the National Park Service for Rehabilitating Historic Buildings and the Standards for Historic Preservation Projects prepared by the National Park Service with guidelines for applying the standards.

   "Significant feature" means the natural or man-made elements embodying style or type of cultural resource, design or general arrangement and components of an Improvement, including, but not limited to, the kind, color and texture of the building materials, and the type and style of windows, doors, lights. signs and other fixtures appurtenant to such improvement.

(Ord. 237 (part), 2001)

There is hereby created a city of Murrieta historic preservation advisory commission (HPAC) whose membership and duties shall be prescribed by the Murrieta city council.

   A.   Membership.

      1.   The HPAC shall consist of the Murrieta community services commission (CSC) with an additional two to four members appointed by the city council. To the extent possible, the HPAC shall have among its membership at least one business owner or one resident from each preservation district, one member from a citizens historic interest group, and two at large members with backgrounds in one of the following disciplines: architecture, urban planning, history. cultural geography/archaeology or other closely related fields. Non-voting members are to include a Native American representative and staff liaison. On matters pertaining to archaeological resources, the Native American representative shall be a voting member.

      2.    The appointment of members to the HPAC shall be for staggered terms. Appointments shall be made for a three-year term, following initial appointments.

   B.   Meetings.

      1.   A quorum of the HPAC shall be a simple majority of voting members.

      2.   The HPAC shall operate under procedural rules and bylaws consistent with its authority as set forth be-low. Rules and bylaws shall be approved by the city council.

      3 .    The HPAC shall meet at least four times per year, with meetings at regular intervals and/or when re-quested by the community services director or the city council.

      4.    The HPAC shall keep minutes and records of all meetings and proceedings. All materials shall be of public record.

   C.   Duties. The historic preservation advisory' commission shall have the following duties and other specific tasks as may be assigned on an ad-hoc basis by the city council:

      1.   The HPAC shall act solely in an advisory capacity to the city council, through the CSC, staff and other city commissions in matters affecting the preservation of cultural and archaeological resources. The HPAC shall not exercise any independent final decision-making authority or expend city funds. Actions of the HPAC shall not be considered actions of the city and shall not be represented as such:

      2.   Recommend to the city council, through the CSC, the designation of cultural resources, including individual properties, archaeological districts and historic preservation districts;

      3.   Maintain the register of cultural resources within the city, including all pertinent information for each designation;

      4.   Review and comment on land use, redevelopment, municipal improvement and other planning matters and programs undertaken by the city. as they relate to cultural resources of the community when so directed by the community services director or city council:

      5.   Make recommendations to the city council, through the CSC, on the use of various federal, state, local or private funding sources and mechanisms available to promote cultural resource preservation in the city;

      6.   Review applications for certificates of appropriateness related to demolition permits for any designated cultural resource within the city and make recommendations to the city council, through the CSC, including considerations of economic hardship. (See "Demolition/Relocation Permit," Section 16.26.100);

      7.   Review and make recommendations on applications for development plan approval in compliance with the development code when so requested by the community services director. In general, the following projects shall be submitted to the HPAC for their review and recommendation:

         a.   Any exterior alteration or addition to and improvement that requires a building permit and that is a designated cultural resource or contributing resource; and

         b.   The new construction of a non-residential structure over five thousand (5,000) square feet within a historic preservation district. (Modifications and approvals to the town square project are exempt from this review.)

      8.   Make recommendations to the city council, through the CSC, for recognition of owners of cultural re-sources who have rehabilitated their property in an exemplary manner; and

      9.   Undertake any other action or activity directed by the city council to fulfill the objectives of cultural re-source preservation in the city.

(Ord. 237 (part), 2001)

For the purposes of the ordinance codified in this section, an improvement or natural feature may be designated a cultural resource by the city council and any area within the city may be designated as an archaeological district or historic preservation district by the city council if it meets any of the following criteria:

   A.   individual Resource Designation.

      1.   It exemplifies or reflects special elements of the city's cultural, architectural, aesthetic, social, economic, political, artistic and/or engineering heritage;

      2.   it is identified with persons, a business use or events significant in local, state or national history;

      3.   it embodies distinctive characteristics of style. type, period or method of construction or is a valuable ex-ample of the use of indigenous materials or craftsmanship;

      4.   It is representative of the notable work of a builder, designer or architect; or

      5.   Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood, community or the city:

   B.   Local District Designation.

A geographic area may be designated as a local archaeological district or historic preservation district if the city council, after hearing(s) finds that all of the requirements set forth below are met. Concurrent with the designation of a historic preservation district, design guidelines shall be developed and shall apply to all properties within the historic preservation district.

      1.   Archaeological District.

         a.    The area is a geographically definable area:

         b.    The area possesses either:

            1.   A significant concentration or continuity of archaeological resources; or

            2.   The area is associated with the prehistory of Murrieta.

         c.    The designation of the geographic area as an archaeological district is reasonable, appropriate, and necessary to protect, promote and further the goals and purposes of the ordinance codified in this chapter and is not inconsistent with other goals and policies of the city.

      2.   Historic Preservation District.

         a.    The area is a geographically definable area:

         b.    The area possesses either:

            1.   A significant concentration or continuity of buildings unified by past events or aesthetically by plan or physical development; or

            2.   The area is associated with an event, person, or period significant or important to Murrieta history.

         c.    The designation of the geographic area as a historic preservation district is reasonable, appropriate, and necessary to protect, promote and further the goals and purposes of the ordinance codified in this chapter and is not inconsistent with other goals and policies of the city.

         d.    Determining Factors. In determining whether to designate a historic preservation district, the following factors shall be considered:

            1.   District should have integrity of design, setting, materials, workmanship, and association.

            2.   The collective value of the buildings and structures in a district taken together may be greater than the value of each individual building or structure.

      3.   Contributing Resources. Contributing resources may be included in a historic preservation district if the city council finds, after a hearing(s) that all of the following requirements are satisfied:

         a.   The nominated resource is within a historic preservation district;

         b.   The nominated resource either embodies the significant features and characteristics of the district or adds to the historical associations. architectural qualities or archaeological values identified for the district;

         c.   The nominated resource was present during the period of historical significance of the district and relates to the documented historical significance of the district;

         d.   The nominated resource possesses historic integrity or is capable of yielding important information about the period of historical significance or the district; and

         e.   The nominated resource has important historic or architectural worth, and its designation as a contributing resource is reasonable, appropriate and necessary to protect, promote and further the goals and purposes of the ordinance codified in this chapter.

(Ord. 237 (part), 2001)

Archaeological districts, historic preservation districts and designated cultural resources shall be established by the city council as follows:

   A.   Any person may request the designation of an improvement or natural feature as a cultural resource or the designation of a district by submitting a written request and a supporting document prepared by a qualified professional justifying the designation to the community services director. The HPAC or city council may also initiate such proceedings on their own motion;

   B.   The community services director shall refer the request and document to the HPAC for their review and recommendation to the city council;

   C.   The HPAC shall deliberate the merits of the proposed designation and make a recommendation to the city council based on available documentation as to its appropriateness for consideration;

   D.   No permits for the alteration, demolition or removal of any improvement, building or structure within an existing or proposed historic preservation district or relative to a proposed cultural resource shall be is-sued while the designation is still under consideration which must be processed within sixty (60) days of nomination; and

   E.   After receipt of the recommendations from the HPAC for designation of a cultural resource or a district, the city council shall consider the matter, taking into account the HPAC's recommendations.

(Ord. 237 (part). 2001)

The process for proposing the removal from a historic designation status shall be as follows:

   A.   The owners of a designated cultural resource or contributing resource may propose deletion.

   B.   All applications to delete a designated cultural resource or contributing resource shall be submitted to the HPAC which shall determine whether an application is or is not complete.

   C.   The HPAC shall make a determination whether or not the designated cultural resource or contributing resource is eligible for consideration for deletion based on analysis from qualified professional and shall make an advisory determination about whether the designation shall be removed. This process shall follow that of the process for original designation approval.

   D.   The city council shall make final determination.

(Ord. 237 (part), 2001)

A certificate of appropriateness shall be required prior to the demolition or relocation of any designated cultural resource or contributing resource. The following process shall occur:

   A.   Application for a certificate of appropriateness shall be made on forms provided by the community services department and shall contain whatever information is determined by the community services department to be necessary to act on the request.

   B.   The city council shall have the authority to approve, approve with conditions or deny a certificate of appropriateness for the demolition or relocation of a designated cultural resource or contributing resource. The council shall request a recommendation from the HPAC prior to taking action on the application.

   C.   Prior to the city council's final action. the HPAC shall hold at least one public meeting to consider the application and to make a recommendation to the city council.

   D.   A certificate of appropriateness for the demolition of a designated cultural resource or contributing resource may be approved if the city council finds that one or more of the following conditions exist:

      1 .   The structure/site is a hazard to public health or safety and repairs or stabilization are not physically possible (as ascertained by the building official);

      2.   The site is required for a public use which will be of more benefit to the public than the cultural resource and there is no feasible alternative location for the public use; or

      3.   It is not feasible to preserve or restore the structure, taking into consideration the economic feasibility of alternatives to the proposal.

   E.   A certificate of appropriateness shall lapse and become void one year following the date on which it was approved unless the conditions of the approval specify a lesser or greater time or unless, prior to the expiration date, a demolition/relocation permit is issued and work is commenced and diligently pursued. A certificate may be renewed once for an additional period of up to one year provided that prior to the expiration of the time period granted, an application for renewal of the permit is filed with the community services department and processed in the same manner as the original application.

(Ord. 237 (part), 2001)

As a policy, the ordinance codified in this chapter encourages the adaptive re-use of existing buildings and structures to the fullest extent possible.

(Ord. 237 (part), 2001)

No person shall carry out or cause to be carried out any demolition or relocation of a designated cultural resource or contributing resource without first receiving approval of a demolition/relocation permit from the city. A permit shall not be issued unless one of the following events has occurred:

   A.   A certificate of appropriateness has been applied for and approved by the city council: or

   B.   An initial certificate of appropriateness for relocation only has been applied for and denied and a period of ninety (90) days has expired from the date of the initial city council denial.

When a designated cultural resource or contributing resource has been lawfully demolished, relocated or altered pursuant to any provisions of the ordinance codified in this chapter, the provisions of the ordinance codified in this chapter shall be considered removed and the remaining property shall not be further encumbered. Designated resources shall be considered lawfully demolished, relocated or altered if fifty (50) percent of their features and characteristics are destroyed by natural disaster(s) or other forces of nature, but not including arson. The ninety (90) day delay period may be reduced by the city council where it finds that the owner of a cultural resource would suffer economic hardship or be deprived of beneficial use of or return from the property by virtue of the delay.

During the ninety (90) day delay period the city may negotiate with the owner and with any other parties in an effort to find a means of preserving the cultural resource, including relocating it to another site within the city.

(Ord. 237 (part), 2001)

The owner, lessee or other person legally in possession of a designated cultural resource or contributing resource shall comply with all applicable codes, laws, and regulations governing the maintenance of a subject property. Additionally, it is the intent of the ordinance codified in this chapter to preserve from deliberate or inadvertent neglect the exterior features of designated cultural resources or contributing resources, and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. Designated cultural resources and contributing resources shall he preserved against such decay and deterioration and shall remain free from structural defects through prompt corrections of any of the following defects:

   A.   Facades which could fall and cause injury to people or property:

   B.   Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated wall or other vertical structural supports;

   C.   Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective materials or deterioration;

   D.   Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;

   E.   Defective or insufficient weather protection for exterior wall coverings, including lack of paint or other protective covering; and/or

   F.   Any fault or defect in the building which renders it not properly watertight or structurally unsafe.

(Ord. 237 (part), 2001)

The HPAC, with city council approval, is authorized to develop and implement preservation incentive programs that are consistent with the ordinance codified in this chapter. These shall include, but are not limited to. the following:

   A.   State Historical Building Code.

      The building and safety division is authorized to use and shall use the state Historical Building Code for projects involving designated cultural resources or contributing resources. The HPAC is authorized and shall use the state historical building code for projects subject to review under the ordinance codified in this chapter.

   B.   Mills Act Contracts.

      1.   Mills Act contracts granting property tax relief shall be made available by the city of Murrieta only to owners of locally designated cultural resources or contributing resources, as well as properties that are listed in the California Register of Historic Places or the National Register of Historic Places. Properties that have been previously listed on the above-named registers but that have been removed and are no longer listed shall not be eligible for a Mills Act contract with the city.

      2.   Mills Act contracts shall be made available pursuant to California law. The community services department shall make available appropriate Mills Act application materials.

      3.   Mills Act contract applications shall be submitted to the community services department, which shall within sixty (60) days of receipt of a completed application, prepare and make recommendations on the content of the contract for consideration by the city council. A fee for the application to cover all or portions of the costs of the preparation of the contract in the amounts set by city council resolution may be charged.

      4.   The city council shall, in public hearing, resolve to approve, approve with conditions. or deny the proposed contract. Should the council fail to act on the proposed contract within one year of the receipt of the proposal, the proposal shall be deemed eligible.

      5 .   A Mills Act contract application that has been denied by the city council cannot be resubmitted for one year from the date of city council action.

(Ord. 237 (part), 2001)

The decision of the city council under the ordinance codified in this chapter shall be subject to reconsideration within the time limit often days after the issuance of the council's notice of decision and findings, provided new information not previously heard can be presented. Under such conditions, the city council may reverse a previous decision.

   A.   Finality of City Council Decisions.

Any decision or order of the city council under the ordinance codified in this chapter shall become final if no re-consideration is taken from such decision or ordered within the time limits prescribed by the applicable reconsideration provisions of the ordinance codified in this chapter. No permit regulated by the provisions of the ordinance codified in this chapter shall issue, nor shall any rights therein vest, until the decision of the city council is final or any appeal therefrom is disposed of in the manner prescribed by the ordinance codified in this chapter.

   B.   Requesting Reconsideration of City Council Actions.

Except as expressly provided herein, any person dissatisfied with any decision of the city council may request a reconsideration of the decision to the council, provided previously unheard information can be presented not later than ten days after the issuance of the council's notice of decision and findings. Such a request for reconsideration is made by tiling a notice of reconsideration with the community services department and paying a fee as established by the city council. Upon receipt of a timely request for reconsideration, the community services department shall forthwith transmit all papers and documents on file relating to the request. Written notice of the hearing before the city council shall be provided at least seven days prior to the hearing.

(Ord. 237 (part), 2001)

   A.   Any person who violates a requirement of the ordinance codified in this chapter or fails to obey an order issued by the city or comply with a condition of approval of any certificate or permit issued under the cultural re-source preservation ordinance shall be subject to the penalty provisions as set forth in the city of Murrieta municipal code.

Any person who willfully and unlawfully relocates, demolishes or alters a designated cultural resource shall be subject to either a one hundred fifty thousand dollar ($150,000) fine or shall pay the appraised market value of the subject property as determined by a third party appraisal. whichever is greater. The amount of the one hundred fifty thousand dollar ($150,000) fine shall be reviewed every twenty-four (24) months for adequacy and shall be tied to the CPI for Southern California or its succeeding index.

Any person who willfully and unlawfully relocates. demolishes or alters a contributing resource or a cultural re-source included in the Murrieta historical resources inventory, shall be subject to a ten thousand dollar ($10,000) fine or a fine of ten percent of the appraised land and building values as determined by a third party appraisal. Any action to enforce these provisions shall be brought by the city or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution, penalty and other remedy provided by law.

   B.   Applicable Mitigation Measures for Projects Impacting Historic Resources Under CEQA. 

Any cultural or archaeological resource identified in the course of planning for a development project under the terms of the development code shall be subject to review under the California Environmental Quality Act (CEQA). In the event a new project is found to create significant impacts to cultural or archaeological resources. one or more of the following mitigation measures shall be enforced:

      1.   The cultural or archaeological resource shall be preserved and impacts shall be eliminated through avoidance.

      2.   Impacts to the cultural or archaeological resource shall be avoided through redesign of the project.

      3.   Impacts shall be reduced to below a level of significance by relocating the resource off-site.

      4.   Impacts shall be reduced to below a level of significance by the thorough documentation and/or interpretation of a resource prior to its demolition.

      5.   The applicant shall pay in-lieu fees for the demolition of the resource.

   C.   Use of Funds Collected from Fines, Penalties, or Fees.

All funds collected either from tines, penalties, or fees shall be deposited into a cultural resource preservation fund to be used, as available, exclusively for:

      1.   Rehabilitation or preservation of designated cultural resources or contributing resources in the city of Murrieta.

      2.   Purchase of component parts necessary for the rehabilitation or preservation of designated cultural re-sources or contributing resources in the city of Murrieta.

      3.   Purchase of designated cultural resources or contributing resources in the city of Murrieta.

      4.   Maintenance of designated cultural resources or contributing resources in the city of Murrieta.

      5.   Costs associated with designated cultural resource or contributing resource relocation.

      6.   Educational programs including school programs, education exhibits and materials, and creation and maintenance of a historic museum.

(Ord. 237 (part). 2001)

The purpose of this chapter is to achieve the following:

A.   Enhance the appearance of all development by providing standards relating to the quality, quantity and functional aspects of landscaping and landscape screening;

B.   Protect public health, safety and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods and enhancing pedestrian and vehicular traffic and safety;

C.   Promote water efficient landscaping, water use management, and water conservation through the use of water efficient landscaping, wise use of turf areas and appropriate use of irrigation technology and management;

D.   Provide landscape design, installation, maintenance and management that is water efficient;

E.   Protect California's economic prosperity as it is dependent on the availability of adequate supplies of water for future uses;

F.   Protect the waters of the state as they are of limited supply and are subject to ever increasing demands;

G.   Promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

H.   Provide landscapes with areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

I.   Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount;

J.   Eliminate water waste from overspray and/or runoff;

K.   Achieve water conservation by raising the public awareness of the need for an effective management program through education and incentives;

L.   Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;

M.   Assure the attainment of water-efficient landscape goals by requiring that landscapes serviced by potable water not exceed a maximum water demand of fifty-five percent (55%) for residential landscape projects and forty-five percent (45%) for non-residential projects of its reference evapotranspiration (ETO);

N.   Implement the requirements to meet the State of California Water Conservation in Landscaping Act 2006, the California Code of Regulations Title 23, Division 2, Chapter 2.7, and Executive Order B-29-15 of April 1, 2015;

O.   Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible; and

P.   Establish provisions for water management practices and water waste prevention.

(Ord. 539 § 3, 2018; Ord. 443 § 1, 2010; Ord. 182 § 2 (part), 1997)

A.   After December 1, 2015, and consistent with Executive Order No. B-29-15, This chapter applies to:

   1.    New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review;

   2.   Rehabilitated landscapes projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check or design review.

   3.   New and rehabilitated cemeteries, but solely as to Sections 16.28.060A (Water Efficient Landscape Worksheet), 16,28.090 (Maintenance of Landscaping), and 16.28.100 (Enforcement of Landscaping Water Use Efficiency), and existing cemeteries, but solely as to Sections 16 28.090B (Irrigation Audits) and 16.28.100 (Enforcement of Landscaping Water Use Efficiency).

   4.   All other existing landscapes, but solely as to Section 16.28.100 (Enforcement of Landscaping Water Use Efficiency).

   5.   This chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural.

B.   The reporting requirements of this ordinance shall become effective December 1, 2015 and the remainder of this ordinance shall be effective no later than February 1, 2016.

   1.   Reports shall be prepared by the Planning Department and submitted by the Development Services Director or his/her designee to the Department of Water Resources. Reporting requirements are contained in California Code of Regulations (CCR) 495 et seq.

C.   Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D of California Code of Regulations (CCR) 490 et seq.

D.   For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 sq.ft. of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated gray water or through stored rainwater captured on site is subject only to Appendix D section (5).

E.   This chapter does not apply to (except for prohibition against water waste according to Section 16.28.100A);

   1.   Registered local, state or federal historical sites.

   2.   Ecological restoration projects that do not require a permanent irrigation system;

   3.   Mined-land reclamation projects that do not require a permanent irrigation system; or

   4.   Plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. 539 § 4, 2018; Ord. 443 § 3, 2010; Ord. 182 § 2 (part), 1997)

For purposes only of this chapter, the terms used in this chapter have the meaning set forth below:

   MAWA = (ETo)(0.62)[(ETAF x LA) + ((1-ETAF) x SLA)]

   MAWA = Maximum Applied Water Allowance (gallons per year)

   ETo = Reference Evapotranspiration (inches per year) (55.0 for Murrieta)

   0.62 = Conversion Factor (to gallons)

   ET Adjustment Factor (ETAF) =   .55 for residential areas and .45 for non-residential areas. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.

   LA = Landscape Area including SLA (square feet)

   SLA = Special Landscape Area (square feet)

A.   All landscape plan approvals are subject to and dependent upon the applicant complying with all applicable city ordinances, codes, regulations, and adopted policies.

B.   If the water purveyor for a proposed project has adopted more restrictive water efficient landscaping requirements, all landscaping and irrigation plans submitted shall comply with the water purveyor's requirements. Said plans shall be accompanied by a written document from the water purveyor delineating the more restrictive requirements.

C.   Landscape design shall facilitate the implementation of landscape maintenance practices which foster long-term water conservation and plant viability. These practices may include, but not be limited to, scheduling irrigation based on established industry standards, conducting irrigation audits and establishing a water budget to limit the amount of water applied per landscape acre.

D.   Landscaping for fuel modification zones shall be subject to standards required by the city's Fire Department, and they shall include plant materials, plant spacing, and irrigation as directed by the Fire Department, in consultation with the Development Services Department, and/or Community Services Department.

E.   Landscaping adjacent to the Western Riverside County Multi-Species Habitat Conservation Plan ("MSHCP") conservation areas shall avoid invasive species as listed in the MSHCP.

F.   To the extent feasible, existing mature trees that represent the existing significant landscaping elements shall be preserved as identified in Chapter 16.42 (Tree Preservation).

G.   In the event covenants, conditions, and restrictions are required by the city for any permit subject to this chapter, a condition shall be incorporated into any project approval prohibiting the use of water-intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this chapter in connection with common area/open space landscaping. Additionally, such a condition shall also require the covenants, conditions, and restrictions to incorporate provisions concerning landscape irrigation system management and maintenance. Covenants, conditions, and restrictions shall not prohibit use of low-water use plants. Covenants, conditions, and restrictions shall not prohibit the replacement of natural turf with less water-intensive plant species.

(Ord. 539 § 6, 2018; Ord. 443 § 3, 2010; Ord. 182 § 2 (part), 1997)

The following required landscape and irrigation plans shall be submitted and reviewed in accordance with the applicable Development Code review procedures for the permit, map or other land use entitlement requested.

   1.   The Landscape Concept Plan shall provide a design layout that demonstrates the desired landscaping program for the project in terms of location, size/scale, function, theme, and similar attributes, as identified in the application submittal requirements.

   2.   The Landscape Concept Plan shall provide the review authority with a clear understanding of the landscaping program prior to the preparation of detailed construction landscape and irrigation plans.

   A licensed landscape architect shall sign all documents and plans required as part of the landscape documentation package verifying compliance with this Chapter. Any plans submitted without the signature of a licensed landscape architect shall not be accepted for review. Homeowner provided landscape projects may be designed by any person authorized to design a landscape in accordance with State law.

   1.   Complete installation of landscaping and irrigation components.

   2.   Conduct and submit an irrigation audit as further described in Section 16.28.090B, which shall be conducted by a certified landscape irrigation auditor prior to the final field observation. See State of California Landscape Irrigation Auditor Handbook.

   3.   Prepare and submit to the city a Certificate of Completion for review which shall be signed and certified by a either a licensed landscape architect following a field observation conducted by a landscape architect or landscape contractor, certified irrigation designer, or other licensed or certified professional who has installed the landscape project per the Landscape Documentation Packet. Such certification shall indicate:

      a.   All plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans approved as part of the Landscape Documentation Packet;

      b.   The automatic irrigation controller has been set according to the irrigation schedule;

      c.   The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and

      d.   That a copy of the irrigation and maintenance schedule has been given to the property owner and placed in the irrigation controller enclosure after lamination.

      e.   Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.

      f.   Irrigation audit report (See 16.28.090(B))

      g.   Soil analysis report, if not submitted with the Landscape Documentation Package, and documentation verifying implementation of soil report recommendations.

      h.   A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

   4.   Deliver a copy of the certification of substantial completion to the retail water supplier, and the property owner of record.

   5.   All landscape projects, except for developer and homeowner-installed single family residential landscaping, and other landscapes as determined by the Director, shall post performance securities to guarantee the adequate maintenance of the landscaping and irrigation system in accordance with the approved plans for a period of one (1) year from the date of occupancy subject to the following requirements:

      a.   The security amount and agreement shall be posted with the Planning Department.

      b.   The performance securities shall be released one (1) year after final clearance of the installed landscaping by the city, upon written request by the owner, if the landscaping has been adequately maintained. The Director shall determine the condition of the landscape and whether the bond will be released. A deposit to cover re-inspection of the landscape, at the current city rate shall be posted prior to re-inspection for maintenance bond release.

D.   The Director shall have the right to enter upon the project site at any time before, during and after installation of the landscaping to conduct inspections for the purpose of enforcing this chapter.

(Ord. 539 § 7, 2018; Ord. 443 § 3, 2010; Ord. 182 § 2 (part), 1997)

A landscape documentation package shall be prepared following approval of the land use entitlement application by the review authority and shall be comprised of the following elements, each as further described below: a Water Efficient Worksheet, a Landscape Design Plan, an Irrigation Design Plan, a Grading Design Plan, and a Soil Management Report.

   1.   A water efficient landscape worksheet contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non- residential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

   2.   A project's water budget calculations shall adhere to the following requirements:

      a.   The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

      b.   All surface area of water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

      c.   All special landscape areas shall be identified and their water use calculated as described below.

      d.   ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

      a.   The applicant shall choose and group plant species with similar water demands to facilitate efficient irrigation. Estimated total water use in the landscape area shall not exceed the maximum applied water allowance.

      b.   Methods to achieve water efficiency shall include one or more of the following:

         1)   Selection of water-conserving plant, tree and natural turf species, especially local native plants;

         2)   Selection of plants based on local climate suitability, disease and pest resistance;

         3)   Protection and preservation of native species and natural vegetation;

         4)   Selection of trees based on applicable tree ordinance or tree shading guidelines, and size at maturity as appropriate for the planting area;

         5)   Selection of plants from local and regional landscape program lists; and

         6)   Selection of plants from local Fuel Modification Plan Guidelines.

      c.   Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use as identified in section 16.060(C)(17)(c)(4) and (5).

      d.   Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include on or more of the following:

         1)   Use the Sunset Western Climate Zone System, or approved equal, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

         2)   Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (i.e., buildings, sidewalks, power lines), allow for adequate soil volume for healthy root growth; and

         3)   Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

      e.   High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

      f.   Turf is not allowed on slopes greater that 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length.

      g.   Natural turf areas shall be used in response to functional needs and in compliance with the approved project water budget.

      h.   Plant selection for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code sections 4291 (a) and (b). Fire-prone plant materials and highly flammable mulches shall be avoided. Refer to the local Fuel Modification Plan guidelines.

      i.   Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to environmentally sensitive areas.

      j.   Water quality management plan best management practices that affect the landscaping shall be identified on the detailed construction landscape plans (i.e., swales, permeable paving, sub-grade tanks).

      a.   Decorative water features shall use recirculating water systems.

      b.   Where available, recycled water shall be used as the source for irrigation and decorative water features.

      a.   Prior to planting of any materials, compacted soils shall be transformed to a friable condition to maximize water retention and infiltration. On engineered slopes, only amended planting holes need meet this condition.

      b.   Soil amendments such as compost shall be provided to improve water holding capacity of soil where soil conditions warrant. No sewage sludge shall be allowed. All fertilizers and soil amendments shall consist of organic materials.

      c.   Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.

      d.   All exposed surfaces of non-turf areas within the developed landscape area shall be mulched with a minimum four- (4) inch layer of material except in areas with groundcover planted from flats. In this instance, the mulch depth shall be a minimum of three (3) inches of approved material. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

      e.   Stabilizing mulching products shall be used on slopes that meet current engineering standards.

      f.   For landscape installation, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with a greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.

      g.   Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.

      a.   Delineate and label each hydrozone by number, letter, or other method; identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

      b.   Identify recreational areas;

      c.   Identify areas permanently and solely dedicated to edible plants;

      d.   Identify areas irrigated with recycled water;

      e.   Identify type of mulch and application depth;

      f.   Identify soil amendments, type, and quantity;

      g.   Identify type and surface area of water features;

      h.   Identify hardscapes (pervious and non-pervious);

      i.   Identify location of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples included, but are not limited to:

         1)   Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

         2)   Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

         3)   Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

         4)   Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

         5)   Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

         6)   Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil.

         7)   Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.

         8)   Vegetation utilized in and around detention basins in projects within Compatibility Zones B through E of French Valley Airport Influence Area (AIA) shall not include landscaping that would provide food or cover for bird species that would be incompatible with airport operations. Additionally, landscaping in projects that are located within Compatibility Zones B and C, shall provide sufficient separation between trees to avoid the creation of a continuous canopy, and landscaping in and around a detention basins shall not include vegetation that produces seeds, fruits, or berries.

      j .   Identify any applicable rain harvesting or catchment technologies as discussed in Section 16.060(B)(4)(i);

      k.   Identify any applicable graywater discharge piping, system components and areas(s) of distribution; and

      l.   Contain the following certification from the landscape architect: "I have complied with the criteria established in Chapter 16.28 of the Murrieta Municipal Code and applied them for the efficient use of water in the landscape design plan.

   1   Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.75 for overhead spray devices and 0.81 for drip system devices.

   2.   All irrigation systems shall be designed to prevent runoff, over-spray, low-head drainage and other similar conditions where water flows off-site on to adjacent property, non-irrigated areas, walk, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.

   3.   Landscaped areas shall be required to provide automatic irrigation controllers, utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions for irrigation scheduling in all irrigation systems unless the use of the property would otherwise prohibit use of a timer. The planting areas shall be grouped in relation to moisture-control zones based on similarity of water requirements (i.e., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology may be required, where necessary, at the discretion of the Community Development Director, or designee.

   4.   Water systems for common open space areas shall use non-potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a nonpotable water system shall be provided within the landscape plan. Water systems designed to utilize non-potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board, the Riverside County Health Department, and the water purveyor.

   5.   Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. All installations shall rely on highly efficient state-of-the-art irrigation systems to eliminate runoff, and maximize irrigation efficiency.

   6.   Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation.

   7.   The capacity of the irrigation system shall not exceed:

      a.   The capacity required for peak water demand based on water budget calculations;

      b.   Meter capacity; and

      c.   Backflow preventer type and device capacity.

   8.   Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer.

   9.   In mulched planting areas, the use of low-volume irrigation is required to maximize water infiltration into the root zone.

   10.   Non-turf areas shall be irrigated with drip irrigation.

   11.   Landscape areas including turf less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

   12.   Overhead irrigation shall not be permitted within twenty-four (24) inches of any nonpermeable surface, unless:

      a.   The landscape area is adjacent to permeable surfacing and no runoff to the public right-ofway or storm drain system occurs; or

      b.   The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping area.

      c.   Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology.

      d.   The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation design plan in Section 16.28.060(C)(2). Prevention overspray and overspray and runoff must be confirmed during the irrigation audit.

   13.   Overhead irrigation shall be limited to the hours of 8:00 p.m. to 9:00 a.m.

   14.   All irrigation systems shall be equipped with the following:

      a.   An automatic irrigation controller;

      b.   A rain sensing device to prevent irrigation during rainy weather;

      c.   Anti-drain valves or check valves installed at strategic points to minimize or prevent lowhead drainage;

      d.   A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair;

      e.   A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system;

      f.   Backflow prevention devices;

      g.   Flow sensors that detect high flow conditions created by system damage or malfunction are required for all non-residential landscapes and residential landscape of 5,000 sq. ft. or larger;

      h.   Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features; and

      i.   All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers/International Code Council (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard". All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

   15.   Landscape water meters, defined as either a dedicated water service meter or private submeter shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq.ft. and residential irrigated landscapes of 5,000 sq. ft. or greater.

   16.   Slopes greater than 25% shall not be irrigated with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

   17.   Irrigation design plans shall identify and site the following:

      a.   Hydrozones;

      b.   Each hydrozone shall be designated by number, letter, or other designation;

      c.   A hydrozone information table shall be prepared for each hydrozone;

         1)   Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

         2)   Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

         3)   Where feasible, trees shall be place on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

         4)   Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use may be allowed if the plant factor calculation is based on the proportions of the respective plant water uses and their plant factor or if the plant factor of the higher water using plant is used for calculations.

         5)   Individual hydrozones that mix high and low water use plants shall not be permitted.

         6)   On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone table included in the Landscape Documentation Packet. This table can also assist with the irrigation audit and programming the controller.

      d.   The areas irrigated by each valve;

      e.   Irrigation point of connection (POC) to the water system;

      f.   Static water pressure at POC;

      g.   Location and size of water meter(s), service laterals, and backflow preventers;

      h.   Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low volume irrigation equipment;

      i.   Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low volume irrigation circuit;

      j.   Precipitation rate (inches per hour) for each overhead spray circuit;

      k.   Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius, and precipitation rate;

      l.   Irrigation system details for assembly and installation;

      m.   Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape; and

      n.   Irrigation design plans shall contain the following statement, "I agree to comply with the criteria contained in Chapter 16.28 of the Murrieta Municipal Code and to apply them for the efficient use of water in this irrigation design plan.

   18.   For each valve, two (2) irrigation schedules shall be prepared, one for the initial establishment period of six (6) months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year.

   19.   The irrigation design plan (Section 16.28.060C) and the landscape design plan (Section 16.28.060B) shall be drawn to the same size and scale.

   1.   Indicate finished configurations and elevations of the landscaped area, including the height of graded slopes, drainage patterns, pad elevations, and finish grade.

   2.   Include rough/precise grade elevations prepared in accordance with Chapter 15.52 (Grading, Erosion and Sediment Control) of the Murrieta Municipal Code for the project by a licensed civil engineer.

   1.   Soils sampling and analysis shall be conducted by a certified soils analysis laboratory and in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

   2.   The soils analysis shall include:

      a.   Soil texture;

      b.   Infiltration rate determined by laboratory test or soil texture infiltration rate table;

      c.   pH;

      d.   Total soluble salts;

      e.   Sodium;

      f.   Nutrients-macro;

      g.   Nutrients-micro;

      h.   Percent organic matter; and

      i.   Soil preparation recommendations.

   3.   In projects with multiple landscape installation (i.e. production home developments) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfy this requirement. Large landscape project shall sample at a rate equivalent to 1 in 7 lots.

   4.   The soil management report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

   5.   The applicant shall submit documentation verifying implementation of soil management report recommendations to the local agency with certificate of substantial completion.

   1.   The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

   2.   All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.

   3.   Landscapes using recycled water are considered Special Landscape Areas. The ET adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

 

 

   1.   Front yard landscaping shall be provided in all residential zoning districts. The minimum landscaped area should be located within the front yard setback, whenever possible, as identified in Table 3-4.

   2.   A minimum of one (1) street tree (24 inch-box) forty (40) feet on center (two (2) feet on private side of property) and two (2) shade trees (1 5-gallon) on the property shall be provided. Corner lots shall provide a minimum of three shade trees (15-gallon minimum).

   3.   Front yard landscaping shall also include a variety of drought-tolerant shrubs, ground cover, and planting at a minimum of ten (10) 5-gallon size shrubs and twelve (12) I-gallon size shrubs. The quantity of shrubs and groundcover may be adjusted due to irregular lot size (i.e. cul-de-sac lots, flag lots), subject to the director's determination.

   4.   For purposes of this section, landscape area shall consist of a variety of plantings and hardscape that should be selected and provided appropriately for their intended use and as an integral part of the overall project design.

   5.   Synthetic turf may be incorporated as an element of a landscaping plan as a substitute for natural turf and for the purposes of water conservation. The Community Development Director shall review and approval all requests to install synthetic turf subject to the following criteria:

      a.   Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of one and one-half (1 1/2) inches. The use of indoor or outdoor plastic or nylon carpeting as a substitute for synthetic turf or natural turf is prohibited.

      b.   Synthetic turf shall be permitted only in combination with other live plant materials (i.e. trees, shrubs, and groundcovers) that are designed to achieve an overall natural landscaped appearance for the property.