Scheduling. Grading activities shall be scheduled to ensure that repeated grading would not be required, and that implementation of the proposed land use would occur as soon as possible after grading. If construction does not occur immediately after grading is completed, all distributed areas shall be treated with a soil stabilizer, subject to the approval of the director.

Operations During High Winds. Clearing, earth transport, excavation operations, or grading activities shall cease when the wind speed exceeds twenty-five miles per hour averaged over one hour, in compliance with Municipal Code Chapter 15.64 (Grading).

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

Dust Control. During clearing, demolition, earth-transport, 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 Director, and in compliance with Municipal Code Chapters 7.01 (Control of PM10, Fugitive Dust and Other Emissions) and 15.64 (Grading).

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

Ground Treatment. Graded areas shall be revegetated or treated within ninety days of grading completion to minimize dust and erosion. Portions of the construction site to remain inactive longer than ninety days shall be seeded and watered until grass cover is grown and maintained.

Nonanodized and unpainted aluminum finished window frame;

Metal grilles and façades; however, grilles and facades of unique design and in keeping with the general decor of the development and neighborhood may be allowed subject to the approval of the director;

Aluminum or other metal panels, or reflective mirror type glass windows or panels.

Material is of high quality;

Material is painted or architecturally treated on both sides;

Material complements the architectural design of the associated residence;

Any existing onsite fencing is upgraded, where necessary, to match the new material.

In the R-E zoning district where the fencing is located on the property line and planted with vegetation that would screen the fence from adjacent properties and public areas;

In conjunction with approved tennis courts, private and commercial, in any zoning district;

Where it is required by any law or regulation of the city or applicable state agency;

For the purpose of increased security where existing landscaping would totally screen the full height of the proposed fence;

To provide a barrier between bighorn sheep habitat and developed areas of the city;

Significant exposure of existing chain link fencing to the general public shall not be allowed and shall cause the nonconforming fencing to be removed. The director shall have the authority to determine whether or not a nonconforming fence is significantly exposed to public view. Chain link fences shall be removed within two hundred seventy days of receipt of a city notice, unless a discretionary extension of time is granted by the review authority, subject to the approval of an Abatement Agreement, in compliance with Municipal Code Title 14 "Code Compliance and Remedies";

If an exposed chain link fence is determined by the director to be unsightly due to instability, damage, or weathering, the fencing shall either be aligned, stabilized, repaired, and refurbished to an appearance acceptable to the director or shall be removed within sixty days of receipt of city notification;

Where a perimeter chain link fence has been removed a new conforming fence or wall shall be immediately installed as replacement fencing around walled or gated communities. The replacement fencing and any new or replacement parkway landscaping shall be in compliance with a development plan permit modification approved by the commission;

In the event that removal of landscaping and nonconforming fencing results in a parkway that is devoid of landscaping, the parkway shall be landscaped in compliance with Section 17.24.050 (Parkway treatment standards).

Underground storage of bulk flammable and combustible liquids; or

Hazardous substances in container sizes of ten gallons or less that are stored or maintained for the purpose of retail or wholesale sales.

Notify the fire department of any unauthorized release of hazardous substances immediately after the release has been detected and the steps taken to control the release; and

Notify the fire department and the director of any proposed abandoning, closing, or ceasing operation of an underground storage tank and the actions to be taken to dispose of any hazardous substances.

All structures subject to the provisions of this title as well as all newly created parcels shall be designed to accommodate a setback of at least one hundred feet from any existing natural gas or petroleum pipeline (see definition in subsection (E)(2)). This setback may be reduced, only if the director can make one or more of the following findings:

For the purpose of this subsection, a pipeline shall be defined as follows:

A subdivider of a development within five hundred feet of a pipeline shall notify a new or potential owner at the time of purchase and at the close of escrow of the location, size, and type of pipeline.

In addition to the minimum required setbacks, the setbacks shall be increased at a minimum rate of two feet for each one foot of additional building height above twenty feet, which shall be measured from the property line to each portion of the building that exceeds twenty feet; however, the council in exercising their discretion may require significantly greater setbacks.

Enhanced buffering to surrounding properties and the appropriateness of understructure parking shall be evaluated and related conditions of approval may be imposed by the council to mitigate any potential negative impacts on surrounding properties.

A visual and spatial analysis relating building proportions, massing, height, and setback shall be conducted to preserve and enhance the scenic viewshed and related conditions of approval may be imposed by the council to mitigate any potential negative impacts on scenic viewsheds.

The need and appropriateness of the additional height shall be demonstrated to the satisfaction of the council.

Compatibility and harmony with surrounding development, land uses designations, and zoning shall be demonstrated subject to the satisfaction of the council and related conditions of approval may be imposed by the council to mitigate any potential negative impacts on the compatibility and harmony with surrounding development, land use designations, and zoning.

Walls and fencing exceeding six feet in height shall be subject to approval or modification of a development plan permit;

Increased wall heights shall be allowed only where the perimeter walls or fencing would not be seen from public streets. Screening shall be permanently maintained at a height that would completely block the view of the walls or fencing; and

Walls or fencing exceeding six feet in height shall be:

Walls exceeding six feet in height shall be subject to approval or modification of a development plan permit;

Increased wall heights shall be allowed where additional height is necessary to protect the privacy of residents from intrusive elements of adjacent nonresidential development;

Increased wall heights shall be allowed only in locations where existing or future residents' mountain views would not be adversely impacted; and

Walls exceeding six feet in height may be installed only if all structural requirements are met as determined by the city building official.

Located back of the front setback line;

Vents located not less than five feet from any screening wall; and

Screening wall material, color, and textures to match the adjoining structure or the perimeter wall.

The additional height is necessary to reduce existing motor vehicle noise levels below the 65 Community Equivalent Noise Level (CNEL) as measured from the affected residential property;

Adjacent roadway noise levels shall first be minimized by the application of asphalt rubber hot mix as a prior noise mitigation measure;

Additional wall height and materials at existing residential developments shall be uniformly applied over the entire length of the wall segment facing the public street, subject to the director's approval;

Enhanced landscaping shall be installed in the public street parkway to soften the appearance of the higher wall, subject to the director's approval; and

Walls exceeding six feet in height may be installed if all structural requirements are met as determined by the city building official.

All new residential construction shall be "solar ready," meaning that electrical panel capacity is provided, and conduits are provided within the walls and/or attic space to a roof connection for PV panels.

All structures shall comply with the setback requirements of the applicable zoning district established by Division II (Zoning Districts), and with any special setbacks established for specific uses by this title, except as otherwise provided by this section.

Portions of a structure, including eaves or roof overhangs, shall not extend beyond a property line, or into an access easement or street right-of-way.

Each required setback shall be open and unobstructed from the ground upward, except as provided in this section.

Legally built structures with nonconforming side yard setbacks shall comply with Chapter 17.70 (Nonconforming Uses, Sites and Structures).

Front Setback. Regulation height fences and walls, roof overhangs, up to thirty percent of the required setback, entry gates, attached pilasters, pools and spas¹ and fencing required for pool enclosures;

Rear Setback. Roof overhangs up to thirty percent of the required setback, patio covers, tennis courts², gazebos and other accessory uses; provided, there is no projection within ten feet of the property line. In planned residential developments, this setback may vary. Pools and spas shall be located a minimum of five feet from a side or rear property line. Mechanical equipment and associated screening may be located anywhere in the rear setback;

Side Setback. Roof overhangs up to thirty percent of the required setback, mechanical equipment, and tennis courts, and property boundary walls in compliance with Section 17.20.120 (Private community walls and gates). Pools and spas shall be located a minimum of five feet from a side or rear property line;

Along private streets within walled and gated developments front yard pools and spas may be located ten feet from the front property line; and

Tennis courts that are recessed five feet, have no lights, and are designed to meet the requirements specified in Section 17.20.120 (Private community walls and gates), may be set back three feet from the rear property line.

Residential Structures. Residential development shall provide solid waste and recyclable material storage areas as follows:

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

Location and Design Requirements. Solid waste and recyclable materials storage areas shall be located and constructed in the following manner:

Ten percent of the total units of a housing development for lower income households, as defined in Health and Safety Code Section 50079.5; or

Five percent of the total units of a housing development for very low income households, as defined in Health and Safety Code Section 50105; or

A senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12; or

Ten percent of the total dwelling units in a condominium project or in a planned development as defined in Civil Code Section 4175, respectively, for persons and families of moderate income, as defined in Health and Safety Code Section 50093.

A twenty percent increase in density, when the development meets the requirements of Section 17.22.020(B)(1), (2) or (3); or

A five percent increase in density, when the development meets the requirements of Section 17.22.020(B)(4).

A fifteen percent increase in density, when an applicant for a residential development donates land to the city in accordance with the requirements of Government Code Section 65915(h)(1) through (6). Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

The city may, at its discretion, grant a density bonus that is greater than that described in subsections (1), (2) and (3) for a development that meets the requirements therein or proportionately lower than that described in subsections (1), (2) and (3) for a development that does not meet the requirements therein.

The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the base percentage established in Section 17.22.020(B). The amount of density bonus for a donation of land shall vary according to the amount by which the donation exceeds the base donation established by Government Code Section 65915(g).

The base density bonus shall not be included when determining the number of housing units that is greater than five percent or ten percent of the total development. All calculations resulting in fractional units shall be rounded up to the next whole number. In no event shall the city be required to grant more than a thirty-five percent increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan.

Lower income households. An applicant shall receive:

Very low income households. An applicant shall receive:

Moderate income households. An applicant shall receive:

A reduction in the parcel development standards (e.g., coverage, setback, zero lot line and/or reduced parcel sizes).

Approval of mixed-use zoning in conjunction with the housing project if nonresidential land uses would reduce the cost of the housing project, and the nonresidential land uses would be compatible with the housing project and adjoining development.

Other regulatory incentives or concessions proposed by the developer or the city that would result in identifiable cost reductions.

A reduction in the number of required parking spaces, upon request by the applicant. For a one bedroom unit, one parking space is required; for two and three bedroom units, two parking spaces are required and for four or more bedroom units, two and one-half parking spaces are required.

In order to receive incentives as described in subsections (C) and (D), an applicant must submit a proposal to the city requesting the specific incentives that the applicant desires.

The city shall grant the incentives requested by the developer pursuant to subsection (E)(1) and required pursuant to subsection (C), unless the city makes a written finding, based upon substantial evidence, of either of the following:

The city's granting of an incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

Nothing in this section shall be interpreted to require the city to waive or reduce development standards or to grant an incentive that would have a specific, adverse impact upon health, safety or the physical environment for which there is no feasible method to mitigate or avoid the specific adverse impact; nor shall this subsection require the city to waive or reduce development standards or to grant an incentive that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

Lower and very low income households; continued affordability. The continued affordability and availability of the lower and very low income units shall be for a minimum of thirty years, as required by state law (Government Code Sections 65915(c)(1) and 65916). Those units targeted for lower income households, as defined in Health and Safety Code Section 50079.5, shall be affordable at a rent that does not exceed thirty percent of sixty percent of the area median income. Those units targeted for very low income households, as defined in Health and Safety Code Section 50105, shall be affordable at a rent that does not exceed thirty percent of fifty percent of the area median income.

Moderate income households; equity sharing. The initial occupant of any moderate income unit in a condominium or planned development shall be a person or family of moderate income, as required by state law (Government Code Section 65915(c)(2)). Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture its proportionate share of appreciation, which shall be equal to the percentage by which the initial sale price to the moderate income person or family was less than the fair market value of the home at the time of initial sale. The city shall spend recaptured funds within three years for any purposes to promote home ownership, as described in Health and Safety Code Section 33334.2(e).

The developer shall give the city a continuing right-of-first-refusal to purchase or lease any or all of the designated units at the fair market value;

The deeds to the designated units shall contain a covenant stating that the developer shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests for same without the written approval of the city confirming that the sales or rental price of the units is consistent with the limits established for lower, very low and moderate-income households, which shall be related to the Consumer Price Index; and

The city shall have the authority to enter into other agreements with the developer or purchasers of the dwelling units, as may be necessary to ensure that the lower and very low income units are continuously occupied by eligible households.

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility.

An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 17.22.040.

Of the children who attend the child care facility, the children of very low, lower and moderate income house-holds shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low, lower or moderate income households pursuant to subsection 17.22.020(B).

The development project would not be a hazard or nuisance to the city at large or establish a use or development inconsistent with the goals and policies of the general plan;

The number of dwellings can be accommodated by existing and planned infrastructure capacities;

Adequate evidence exists to ensure that the development of the property would result in the provision of affordable housing in a manner consistent with the purpose and intent of this chapter;

In the event that the city does not grant at least one financial concession or incentive as defined in state law (Government Code Section 65915) in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs; and

There are sufficient provisions to guarantee that the lower and very low income units would remain affordable in the future.

Homeowner provided and individually maintained landscaping within private and enclosed gardens, courtyards, and patio areas in multifamily projects (such as condominiums).

Notwithstanding the foregoing, palm trees may be permitted in the required rear yard setback upon the written consent of the abutting property owners being provided to the city concurrent with the submittal of the landscape design plan.

Abutting property shall mean the property or properties adjacent to the required rear yard setback of the subject residential dwelling unit and property or properties adjacent to a side property line along the required rear yard setback of the subject residential dwelling unit.

In cases where rear yards exceed minimum setback requirements, plant material exceeding the established plane may be permitted within the enhanced rear yard portion of the property as a part of a Landscaping Plan associated with a Single Family Permit (SFP) or Preliminary Development Plan (PDP) subject to approval by the applicable reviewing body;

Landscape and irrigation plans shall be required for all public street parkways and median islands and shall conform to city standards and be submitted for review and approval to the city engineer and planning division. Boulders shall not exceed fifteen inches in height within three feet of a public street curb. Canopy trees shall be placed a minimum of ten feet from public street curb and a minimum of three feet from sidewalks. Palm trees shall be placed a minimum of three feet from public street curb with a minimum trunk height of ten feet. Right-of-way lines shall be shown on the final landscape plan;

Any new structure constructed;

Any new use established or change of use;

Any increase in intensity of a use by, or expansion of structures beyond that existing at the time of the adoption of this chapter;

Following any discontinuance of a use for one hundred eighty consecutive days or more; and

Following destruction or demolition of fifty percent or more of an existing structure(s).

Valet parking spaces may be delineated as a part of an approved valet parking permit application.

Designated parking may be provided for any combination of low-emitting, fuel-efficient and carpool/van pool vehicles consistent with the adopted building code or as follows, whichever is more restrictive:

Parking stall marking for designated parking shall be located at the rear of the space so that the last word aligns with the end of the stall striping and is visible beneath a parked vehicle.

In cases where the parking provided exceeds the required parking ratio for the sum of all uses and where shared or mixed use parking is not provided, the excess parking spaces may be assigned or reserved as approved in a preliminary development plan, conditional use permit, major modification or specific plan. The location of the proposed assigned or reserved parking shall clearly be shown on these plans for review and approval by the city council.

In addition to the required number of spaces as identified in the above listed table, all development plans, major modifications and conditional use permits requiring discretionary approval by the city council shall delineate an additional and equal number of fuel efficient vehicle spaces for future expansion. Should the initial number of fuel efficient vehicle parking spaces become insufficient, the project proponent shall install these additional spaces within sixty days upon notice by the director of community development.

All new buildings shall be electric vehicle charging station ready. This requires residential and commercial properties alike to provide one of the two options:

Prior to any installation or construction the planning, building and safety divisions should be consulted to determine specific requirements. If a contractor is hired to perform the work, it is the homeowner's responsibility to ensure that the appropriate electrical permits have been obtained. Plan check is required for commercial and multifamily residential (apartment and condominium) properties only.

In order to benefit from a reduction in the number of required parking spaces, all other parking lot design and landscaping standards in this chapter shall be met or exceeded.

Developments which utilize shared parking benefits shall provide pedestrian spaces, enhanced landscaping, cart corrals, recycling enclosures, or other amenities required and approved by the director.

For those developments that benefit from the shared parking concept, up to fifty percent of the area gained by the reduction in the number of off-street parking spaces may be used for the purposes of adding additional structure area and associated parking spaces. In no event shall the total structure area exceed the maximum percentage of parcel coverage for the zoning district in which the development is located.

All parking areas shall provide suitable maneuvering room so that all vehicles may enter an adjoining street in a forward direction. The director may approve exceptions for single-family and other residential developments.

All access driveways shall provide an on-site vehicle stacking distance of twenty feet to the first parking space or circulation aisle.

Parking spaces shall not be located so that a vehicle would maneuver within twenty feet of a vehicular entrance measured from the street curb.

A minimum unobstructed clearance height of seven feet six inches shall be maintained above all areas accessible to vehicles.

Minimum parking dimensions shall be as identified in Table 3-9 (Minimum Parking Dimensions).

For parallel spaces, the minimum width shall be nine feet, and the minimum depth shall be twenty-six feet. There shall be a space of at least four feet between each two parallel spaces.

Where end parking stalls abut planter beds, the parking space width shall be increased by one foot or alternatively, a minimum twelve-inch hardscape (decorative concrete or pavers) may be provided adjacent to the back of curb (for a total curb plus hardscape area a minimum of eighteen inches) to facilitate pedestrian access to parked vehicles which may be counted as required landscape coverage.

Minimum Widths.

Each entrance and exit to a parking lot shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten feet by any person approaching the driveway on a pedestrian walk or foot path.

Appropriate directional signs shall be maintained where needed and as required by the director.

A minimum of fifteen percent of the total off-street parking area shall be landscaped. The parking area shall be computed by adding all areas used for access drives, aisles, stalls, and maneuvering within that portion of the site that is devoted to parking and circulation.

Where parking areas adjoin a public right-of-way, a landscaped planting strip a minimum of ten feet wide shall be established and continuously maintained between the public right-of-way and the parking area.

Any planting, sign, or any other structure within a traffic safety sight area of a driveway shall not exceed thirty-six inches in height.

Interior parking spaces shall have a continuous six-foot wide planter strip at the front of parking spaces with six-foot by eighteen-foot finger planter areas averaging every ten parking spaces. At least one twenty four-inch box tree for every five spaces shall be included in the development of the overall landscape program. The maximum spacing between trees in parking areas shall be twenty-seven feet. As an alternative to linear planter strips, raised diamond shaped planters may be considered on a case-by-case basis.

All areas in a parking lot not used for driveways, maneuvering areas, parking spaces, or walks shall be permanently landscaped with suitable materials and maintained in compliance with a program submitted by the applicant and approved by the director.

All landscaped areas shall be bordered by a concrete curb that is at least six inches high and six inches wide. All landscaped areas shall be a minimum of six feet in width, including the curb.

A city approved permanent and automatic irrigation system shall be installed and maintained in all landscaped areas, in compliance with Section 17.24.080 (Irrigation system requirements). The system shall employ state-of-the-art water conservation technology and recognize differing irrigation needs of various plant materials.

The landscaping plan shall provide for a variety of plant materials appropriate for the desert environment and shall include a legend showing common names, sizes, quantities, location, dimensions of planted area, and percentage of parking lot landscaping, in compliance with Municipal Code Chapter 7.02, including any additional information required by the director and Section 17.24.030 (Submittal of landscape design plan).

All landscaping components shall be installed and maintained in compliance with Chapter 17.24 (Landscaping Standards).

A parking area lighting study with manufacturer's performance specifications may be required by the director.

Exterior lighting fixtures shall be energy-efficient and the standards shall be in scale with surrounding uses.

Lighting shall not blink, flash, or be of unusually high intensity or brightness.

Any illumination, including security lighting, shall be shielded and directed away from adjoining properties and public rights-of-way.

All lighting shall be designed and located so as to confine direct light within the subject project boundaries, with no light trespass to surrounding properties.

Lighting systems shall be designed and installed so fixtures are mounted perfectly horizontal with no tilt to the mounting.

Poles used shall be of a decorative or non-glossy finish (e.g., paint powder coating or an anodized surface.) Shiny metal poles or fixtures shall not be allowed. Raised bases shall be architecturally treated.

The maximum height for any light source shall be eighteen feet or less above finished grade, or less when adjacent to residential uses.

All lenses shall be of a flush design.

Exterior lighting and parking lot lighting shall be metal halide light emitting diode (LED) or high pressure sodium fixtures mounted on steel poles, finished in compliance with subsection (G)(7).

Lighting levels shall be a minimum of one-half foot-candle with a ratio of average light to minimum light of one to three foot-candles as shown in a photometric plan.

All parking spaces required for residential uses shall be located on the same parcel they are required to serve, except for common area guest spaces in planned residential developments.

All parking spaces required for multifamily residential developments shall be located within one hundred fifty feet from the dwelling unit they are intended to serve.

Required parking spaces for nonresidential uses shall be located within four hundred feet of the public entrance of the use they are required to serve, as measured along the line of travel a pedestrian would normally use. A pedestrian link should be provided from the parking lot to the structure. Off-site parking facilities that are not located on the same site as the use they serve shall be secured by ownership or agreement which shall be approved by the director, with a recommendation from the city attorney.

Parking structures shall not exceed one level and ten feet above finished grade;

The parking structure shall have a continuous minimum ten-foot wide perimeter landscaping area with trees every twenty feet;

The entries and exits of the parking structure shall include a minimum six-foot wide landscaped median island and accent paving in the driveway;

The above-ground deck shall provide one four hundred square foot opening or equivalent for every fifteen thousand square foot of deck area to accommodate a cluster of twenty-foot high palm trees;

Landscaped materials, excluding tree openings, shall be provided in planters and/or pots for a minimum of five percent of the total space deck area. The planters and pots shall be distributed throughout the deck area;

Landscaping shall be installed and maintained in compliance with Chapter 17.24 (Landscaping Standards); and

Lighting for the above-ground deck shall be low-level and directed so as not to spill beyond the surface deck. Lighting fixtures shall not exceed four feet in height.

Commercial, industrial, and public parking facilities adjoining residentially zoned/used parcels shall have a six-foot high, solid, architecturally treated, masonry wall to screen the parking area(s) in compliance with Section 17.20.070 (Fences, hedges, and walls). All wall treatments shall occur on both sides.

Parking areas adjacent to public rights-of-way shall provide a thirty-inch to thirty-six inch high landscaped screen across the entire parking frontage except for driveways. Landscape screening may include a combination of low hedge right-of-way plantings, landscaped berms, or low decorative mason walls subject to the approval of the director.

Parking areas shall be designed and improved with finished grades not to exceed a five percent slope.

Driveways shall have finished grades not to exceed nine percent slope, or as approved by the city engineer.

All parking stalls shall be painted in compliance with established city standards, and shall be maintained in a clear and visible manner.

All aisles, entrances, and exits shall be clearly marked with directional arrows painted on the parking surface.

All motorcycle parking areas shall be individually labeled with the word motorcycles painted on the parking surface of each area.

All handicapped parking stalls shall be individually labeled and signed in compliance with Uniform Building Code and California Vehicle Code standards.

Concrete surfacing to a minimum thickness of three inches of asphaltic concrete over a minimum thickness of four inches of an aggregate base material or an equivalent structural section to be approved by the city engineer; and

The director, with the recommendation of the city engineer, may approve alternate materials and specifications of greater or lesser standards and may require supporting evidence by a soil engineer.

Continuous concrete curbing at least six inches high and six inches wide shall be provided for all parking spaces located adjacent to walls, fences, property lines, and structures.

All parking lots shall have continuous concrete curbing at least six inches high and six inches wide around all parking areas and aisle planters.

Wheel stops shall not be used in lieu of continuous concrete curbing unless approved by the council in conjunction with a LEED Silver rated project or equivalent.

One temporary occupancy vehicle may be permitted on a residential parcel within the R-E, R-L-2 and R-L-3 zones, and shall be located within a fully enclosed garage structure, subject to approval of a (minor) conditional use permit. A temporary occupancy vehicle used as daily transportation may be parked overnight within the parcel's driveway.

Within one hundred eighty days of the effective date of this chapter, as amended, the owner of a temporary occupancy vehicle who has parked that vehicle on their residential parcel prior to adoption of this chapter, as amended, shall be allowed to continue that use only if the owner:

Loading and Unloading Only. Temporary occupancy vehicles may be temporarily parked on public or private rights-of-way including a private driveway in front of residences for not more than forty-eight continuous hours for the purposes of loading and unloading. Forty-eight hours shall lapse before the start of a new forty-eight-hour period, together with movement of the vehicle a distance of at least five hundred feet.

Overnight Occupancy. Temporary occupancy vehicles may not be used for overnight occupancy except when parked in an approved special occupancy park, recreational vehicle park, temporary recreational vehicle park, campground, campsite, manufactured housing community or mobile home park.

Implement a city-wide trail system by requiring the dedication and improvement of bicycle trails as a condition of development approval for private property, consistent with the general plan; and

Provide safe and secure bicycle parking facilities at appropriate locations throughout the city, in a manner that would discourage parking in undesirable areas and encourage the increased use of bicycles by residents and visitors.

Any application for a permit or approval requiring dedication and improvement of a bicycle trail and/or the provision of bicycle parking facilities shall be subject to the provisions of this section.

All commercial, industrial, and office uses which are larger than ten thousand square feet of structure area shall provide adequate lockable facilities for bicycle parking at a location convenient to the facility for which they are designated, subject to the approval of the director.

Bicycle Trails.

Bicycle Parking.

Loading spaces shall have adequate ingress and egress so that trucks do not back in from or out onto a public right-of-way.

Access to loading spaces shall be provided so that the maneuvering, loading, or unloading of vehicles does not interfere with the orderly movement of traffic and pedestrians on the site or any street.

Exemptions from the above requirements may be granted by the director if the dimensions of the property prevent an adequate turnaround area; the loading area is accessible to a minor street; and the entrance to the loading area is at least one hundred feet from an intersection.

Adjacent to, or as close as possible to, the main structure, and limited to the rear two-thirds of the parcel.

Situated to ensure that the loading facility is not visible from any major public right-of-way.

Situated to ensure that all loading and unloading takes place on-site, and not within other onsite parking and circulation areas.

Loading spaces adjoining residentially zoned/used parcels shall have a six-foot-high decorative masonry wall, subject to the approved of the director, to properly screen the loading area(s). All wall treatments shall occur on both sides.

Visibility of delivery and service areas from public streets, parking lots and adjoining properties shall be minimized. Screening shall be accomplished by structure configuration where possible. Where necessary, screening shall be achieved through the use of architecturally integrated walls and gates in combination with appropriate landscaping, subject to the approval of the director.

Pole signs and wall signs on residential parcels;

Window signs in commercial zoning districts.

A completed application form and fee;

Plans, to scale, to include the following:

A sign permit for signs less than twenty square feet in area are subject to approval by the director; provided, the proposed sign is consistent with the purpose/intent and provisions of this chapter and the provisions of any approved sign program as required by Section 17.28.100 (Sign Program), below. In addition, review of the sign permit shall include consideration of size, shape, color, material, illumination, location, lettering and illustrations, and other elements of design as identified by the director. Staff may approve a sign between twenty and thirty square feet if it can be demonstrated to the satisfaction of the director that the sign substantially exceeds the minimum design requirements. In cases where superior design can not be demonstrated to the satisfaction of the director, the sign may be referred to the planning commission for final action.

If the proposed sign complies with all applicable regulations of this title and any applicable design guidelines, a sign permit shall be issued. If the proposed sign(s) can be brought into compliance by modifications, the permit shall be issued subject to conditions requiring the modifications. Otherwise, the application shall be disapproved.

The director shall refer sign permit applications for signs exceeding thirty square feet to the commission, unless the signs conform to an approved sign program.

The commission shall approve a sign permit or sign program when in compliance with all the requirements and findings of this chapter; or

The commission shall disapprove a sign permit or sign program if not in full compliance with the requirements and findings of this chapter.

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, and direct or regulate pedestrian or vehicular traffic;

Bus stop signs erected by a public transit company with prior approval of the city;

Informational signs of a public utility regarding its facilities, lines, pipes, or poles; and

Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or allowed work within the public right-of-way.

A copy of an approved development plan permit or conditional use permit or if an approved development plan permit or conditional use permit does not exist, a site plan showing the location of structures, parking areas, driveways, landscaped areas, and adjacent streets;

An accurate indication on the development plan or site plan of the location of each existing and proposed sign of any type whether requiring a permit or not;

Computation of the total number of signs, sign area for individual signs, total sign area, and height of signs for each existing and proposed sign type;

For each sign existing or proposed in the sign program, the following shall be specified:

A materials board or sign sample that is an accurate representation of proposed colors, style, and sign material; and

Any supplemental information deemed necessary by the director.

All complete sign program applications for total signs greater than twenty square feet shall be referred to the commission for appropriate action based on the sign program's compliance with the requirements of this chapter.

Sign programs for one or more signs totaling twenty square feet or less may be approved by the director.

Revision(s) to a sign program may be approved by the director if it is determined that the revision(s) is minor in nature and that the intent of the original approval, including any condition of the approved sign program, are not affected.

For any revision(s) which is determined to be significant by the director a new sign permit application shall be submitted to the department and approved by the applicable review authority.

The exceptions provided in this subsection are applicable to comprehensively planned commercial projects greater than fifteen acres in size that feature superior architecture and landscaping, as determined by the city. Qualifying projects under this subsection are referred to herein as "large-scale planned commercial projects."

On-site signage for large-scale planned commercial projects may exceed the limits described in Table 3-13 of Section 17.28.150 (Signs Allowed by Type of Development and Zoning District). The quality of the signage shall be superior in design and construction quality, and appropriate in context and scale for the proposed application, as determined by the city.

Sign programs for large-scale planned commercial projects shall include a detailed written analysis for all signs that are proposed to exceed the requirements listed in Table 3-13 of Section 17.28.150 (Signs Allowed by Type of Development and Zoning District).

Applicable provisions of the Uniform Building Code and all other applicable construction codes of the city;

Except for allowed banners, flags, and window signs in compliance with the requirements of this chapter, all signs shall be constructed of rigid and permanent materials and shall be permanently attached to the ground, or structure by direct attachment to a rigid frame, structure, or wall; and

All signs shall be maintained in good structural condition and appearance in compliance with any applicable conditions of approval, all applicable building and electrical codes, and this chapter.

Maximum Sign Area.

Maximum Height.

Maximum Length. The maximum length of awning or suspended signs shall be measured along the line of writing, logo, or other display.

Type of construction materials (cabinet, sign copy, supports, etc.);

Letter size, color, and style of copy;

Method used for supporting sign (wall or ground base);

Shape of signs and related components; and

Method of illumination.

The allowable height of letters, numbers, or logos on fascia or wall signs in commercial zoning districts shall be determined by the following factors:

The maximum letter height and area for fascia and wall signs shall be as follows:

Any additional development, which expands or intensifies the use of the property, relocation or expansion of a sign, change of use, or change of sign copy, on the same parcel or leasehold as the nonconforming sign shall require that all signs on that parcel or leasehold shall be brought into compliance with this chapter;

All preexisting nonconforming pole signs less than thirty-two square feet in area which are not the primary sign on developed property and, animated signs, chalkboards, balloons, banners, beacons, blackboards, pennants, portable signs, sandwich boards, snipe signs, temporary signs, windblown devices, and window signs shall be removed or otherwise brought into compliance with this chapter within thirty days after the sign owner's receipt of a registered or certified written notice from the city which declares the sign(s) to be in violation of this chapter;

All preexisting nonconforming pole signs over thirty-two square feet in area which are not the primary sign on developed property, and awnings, canopies, fascia signs, monument signs, suspended signs, wall signs, and all other nonconforming signs not specified in subparagraph 2, above shall be removed or otherwise brought into compliance with this chapter within one year after the sign owner's receipt of a registered or certified written notice from the city which declares the sign(s) to be in violation of this chapter;

As an alternative to the standard thirty-day and one year abatement periods provided in subparagraphs 2 and 3, above, a longer abatement period up to a maximum of three years may be provided as part of an Agreement to Abate between the city and the owner of the nonconforming sign, subject to all other conditions contained in the agreement; and

All illegal signs in the public right-of-way or on public property in existence at the time of the adoption of this chapter, or placed or installed any time thereafter may be immediately removed by the city without prior notice. The city shall make a reasonable attempt to notify the owner of the confiscated sign after its removal. Recovery of the confiscated sign shall be in compliance with Section 17.28.160(F) (Remedies and Penalties).

To install, create, erect, or maintain any sign in a manner that is inconsistent with any plan or permit governing the sign(s) or the parcel on which the sign is located.

To install, create, erect, or maintain any sign without a required a sign permit.

For failing to remove any sign that is installed, created, erected, or maintained in violation of this chapter.

To continue a violation.

Each sign installed, created, erected, or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter.

Signs removed by the director in compliance with this chapter shall be stored for a period of thirty days, during which time they may be recovered by the owner upon payment to the city for costs of removal and storage. If not recovered before expiration of the thirty-day period, the sign and its supporting structure shall be deemed abandoned and become property of the city. The cost of removal and disposal shall be billed to the owner.

The city shall charge double the normal permit fee for signs initially erected without a required permit. The double permit fee shall be collected at the time of permit issuance for any subsequent sign on the same property.

Before the initiation of any sign enforcement activities by the city, a written appeal of any interpretation of this chapter may be filed in compliance with Chapter 17.76 (Appeals).

After the receipt of a city notice to abate a violation of this chapter, the sign owner may appeal the determination of the existence of a violation in compliance with Municipal Code Title 14.

Keeping of Horses. The following regulations are established for the keeping of horses:

A horse corral or barn shall be kept no closer than twenty-five feet to an adjacent property line;

All horses shall be provided with adequate fenced enclosures, to contain them within the boundaries of the owner's property; and

An application for the keeping of horses shall contain a detailed description outlining the proposed method(s) of controlling dust, insects, odors, sanitation, and other considerations.

The operator of an assisted living facility shall provide an area for off-street parking at a minimum ratio of 0.5 spaces for each dwelling unit.

It shall be demonstrated that traffic generation is comparable to or less than that which would be generated by other allowed uses in the same zoning district.

The maximum density of the underlying zoning district shall not apply. Instead, it shall be demonstrated that structure mass and scale and traffic generation rates shall be less than or comparable to other allowed uses in the same zoning district.

Maximum parcel coverage shall be thirty percent in residential zoning districts and thirty-five percent in nonresidential zoning districts.

Up to sixty percent of the structure footprint may be up to two stories in height. Second story elements shall be in compliance with Chapter 17.20 (General Property Development and Use Standards).

Assisted living facilities shall not exceed two stories in height.

The minimum dwelling unit size shall be four hundred square feet for a studio and five hundred square feet for a one-bedroom unit. Up to twenty-five square feet of the patio or balcony space may count towards the minimum unit size.

Minimum room sizes shall be in compliance with Section 17.30.110 (Minimum dwelling room size standards).

The exterior of all resident windows shall be architecturally treated. Special consideration shall be given to solar protection with roof and/or window overhangs, awnings (either fixed or adjustable), architectural protrusions, or attachments.

A covered pick-up/drop off lane immediately adjacent to the main entrance shall be provided. The minimum length (stacking distance) for this lane shall be calculated by multiplying the number of dwelling units by 0.5 which converts to the number of feet required for the minimum length of the pick-up/drop off lane.

Dwelling units shall be no further than one hundred fifty horizontal feet from the dining area.

Hand rails shall be consistent with ADA standards.

Skylights and windows shall be required where feasible in interior hallways.

All second story units shall be accessible by elevator.

All elevators shall be large enough for a gurney.

All dwelling units shall have at least two alarm/call buttons connected to a twenty-four-hour staffed administrative desk or lifeline emergency response system. One call button shall be located in the bathroom.

All independent living and assisted care units shall include a private or semi-private patio or balcony of sufficient size to accommodate a chair and a small table.

The windows in dwelling units shall have low sill heights to allow residents in bed or seated to see outside.

To enlarge the apparent space in independent living and assisted care units, where possible interior ceiling heights (excluding bathrooms, closets, and hallways) shall be eight feet tall or more.

Small Family Day Care Homes (Eight or Fewer Children). Allowed within a single-family residence located in a residential district, and the M-U zoning district;

Large Family Day Care Homes (Nine to Fourteen Children). Allowed within a single-family residence located in a residential zoning district (except R-HR), commercial zoning districts, and the M-U, I-L, and P zoning districts, subject to approval of a development plan permit, in compliance with Chapter 17.42; and

Child Day Care Centers (Up to Thirty Children). Allowed in commercial zoning districts, I-L, and P zoning districts, subject to approval of a conditional use permit, in compliance with Chapter 17.48, and the standards identified in subsection B, immediately below.

The minimum parcel size for a child day care center shall be ten thousand square feet.

Off-street parking shall be as determined through the granting of the required permit or approval.

A safe area for picking up and dropping off children and a vehicle stacking area, if required, shall be provided. This activity shall only be allowed in a driveway, in an approved parking area, or in an area with direct access to the facility.

The minimum separation between the main assembly building of the center and the nearest residential dwelling unit or zoning district shall be three hundred feet.

No residential property shall be bordered on more than one side by a child day-care facility.

A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry. A minimum three-foot wide landscaped area shall be provided adjacent to the fence or wall and shall include a dense hedge of evergreen shrubs a minimum of four feet in height at the time of planting.

No swimming pool/spa shall be installed, due to high risk and human safety considerations. Additionally, no existing pool/spa shall remain on the parcel, unless determined by the director that adequate, secure separation exists between the pool/spa and the facilities used by the children.

The facility shall be provided with indoor play areas in compliance with state requirements. Separate and clearly defined play and activity areas shall be provided for each age group (e.g., infant, toddler, preschool and school age children).

An outdoor play area of not less than seventy-five square feet per child, but in no case less than four hundred fifty square feet in area exclusive of the required front yard setback, shall be provided. The outdoor play area shall be located in the rear yard. Stationary play equipment shall not be located in required front and side yards.

All on-site lighting shall be energy efficient, shielded, stationary, directed away from adjoining properties and public rights-of-way and of an intensity compatible with the surrounding neighborhood.

All on-site signs shall be in compliance with Chapter 17.28 (Signs).

The facility shall contain a fire extinguisher and smoke detector devices and comply with all standards established by the city fire department.

Potential noise sources shall be identified during the permit application or approval process, and noise attenuation and sound dampening shall be addressed. Noise levels shall be in compliance with the most recent guidelines of the noise element of the general plan and Municipal Code Chapter 8.45 (Noise).

In order to protect adjacent residential dwellings from noise impacts, a facility within any residential zoning district may only operate up to fourteen hours per day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.

The intent of these standards would be met; and

There would be no negative impact to surrounding properties or residents.

Development shall be restricted to areas with natural slopes of ten percent or less in steepness.

Natural slopes in excess of twenty-five percent shall remain undisturbed;

Proposed development shall be compatible with surrounding land uses and shall respect the natural topography;

Existing and newly disturbed areas not proposed for development shall be contour graded, renaturalized, and revegetated. The city shall require appropriate mechanisms with project approval to ensure mitigation;

In the Santa Rosa Mountains, proposed hillside development shall not be visible from the valley floor and shall utilize low lighting levels to avoid glare in the mountain areas;

The availability of and proximity to public services and utilities shall be established;

All public services and utilities shall be placed underground and sized to serve the proposed development only;

Hillside areas with naturally occurring steep slopes of twenty-five percent or greater shall not be disturbed to provide vehicular access;

Access roads serving hillside development shall not exceed fifteen percent grade on any portion of the road;

Due to the fire hazard of hilly areas with slopes of ten percent or more, access problems, lack of water, and excessively dry brush, adequate on-site fire protection measures shall be provided. These could include a fuel modification program, an on-site water storage system, or any other provision deemed necessary during project review; and

An eight-foot-high chain link fence or equivalent barrier to exclude the big horn sheep from developed areas shall be installed.

There are no entrances directly from the street; and

The hotel is of sufficient size that the patronage of these businesses may be expected to be furnished substantially by the guests of the hotel.

The number of units of a condo-hotel project that may be condo-hotel units shall be limited to no more than ten percent of the project's total sum of condo-hotel units and hotel rooms combined unless otherwise permitted pursuant to a development agreement.

Each owner of a condo-hotel unit and each individual fractional owner of a condo-hotel unit shall be limited to using or occupying any given unit owned by said owner for no more than twenty-seven days per calendar year unless otherwise permitted pursuant to a development agreement. Owners may assign their use and occupancy rights to a third party subject to the city's transient occupancy tax regulations unless otherwise provided pursuant to a development agreement.

Outside the owner occupancy periods, a condo-hotel unit shall be made available for transient occupancy purposes for no more than twenty-seven consecutive days by any given transient.

The professional management entity/company designated to collect transient occupancy taxes pursuant to this section must have at least five consecutive years of experience, meeting the First Class Hotel Standards and having no fewer than ten other properties (in separate cities, or distinct and separate projects in any given city, nationally or internationally) under current management unless otherwise provided pursuant to a development agreement.

Front-ten feet;

Side-five feet; and

Rear-ten feet.

Common open space shall be landscaped in compliance with a landscape plan approved by the applicable review authority and in a manner consistent with Chapter 17.24 (Landscaping Standards).

All required landscaping in each development phase shall be installed before occupancy of the mobile homes, and adequately irrigated and maintained in compliance with the approved landscaping plan as well as the provisions identified in Chapter 17.24 (Landscaping Standards).

Provision for a fixed period of time as specified by the permit or approval, or where not specified, not to exceed three days for a temporary event;

Regulation of nuisance factors (e.g., prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration);

Regulation of operating hours and days, including limitation of the duration of the temporary event, as identified in subsection A.1, above;

Provision for adequate temporary parking facilities, vehicular and pedestrian circulation, including vehicular ingress and egress, and public transportation, if applicable, in compliance with Chapter 17.26 (Parking and Loading Standards);

Submission of a performance security satisfactory to the director, to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the event, the property would be cleaned of debris, litter, or any other evidence of the temporary event upon completion or removal of the event, and restored to the former or improved condition as deemed appropriate by the director;

Provision for sanitary facilities, in compliance with Municipal Code Section 5.12.120 (Sanitation facilities required);

Provision for security and safety measures, if applicable and as deemed appropriate by the director;

Appropriate setbacks shall be maintained to ensure adequate separation from adjoining land uses and a safe environment for vehicles and pedestrians;

Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal; and

Other conditions that would ensure the orderly and efficient operation of the proposed temporary event.

Only golf carts or automobiles, and no other display features, shall be allowed.

Golf cart retail businesses shall be allowed to display a maximum of one golf cart for each forty lineal feet of public street frontage.

Automobile dealerships shall be allowed to display one automobile for each forty lineal feet of public street frontage.

The vehicles shall be displayed at ground level in the landscaped front setback area between the front street right-of-way line and a parallel line forty feet deep into the property.

Outdoor vehicle displays behind the forty-foot depth of frontage shall be reasonably limited in number, attractively arranged, and the displayed vehicles shall not be placed to appear crowded. The precise maximum number of displayed vehicles shall be determined through the development plan permit or conditional use permit review process.

All vehicle displays shall be located no closer than fifteen feet from the front and side property line(s).

Parking requirements shall be calculated in compliance with Chapter 17.26 (Parking and Loading Standards);

Outdoor dining areas shall provide adequate clean-up facilities, and associated procedures, in the following manner. Outdoor dining areas shall:

The following standards are intended to ensure compatibility with surrounding uses and a high standard of quality.

Accessory Use Only. The machines shall be installed as an accessory use in compliance with the applicable provisions of this title, and shall not require additional parking;

Location Requirements. If located outside of a structure, the machines shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof materials;

Maximum Size. When located outdoors, the area occupied by the machines shall not exceed fifty square feet, including any protective enclosure, nor eight feet in height;

Signs. Signs shall not exceed a maximum area of four square feet for each machine, exclusive of operating instructions;

Hours of Operation. The machines shall have operating hours which are consistent with the operating hours of the main use; and

Lighting. The machines shall be illuminated when needed to ensure comfortable and safe operation, in compliance with Section 17.18.050 (Exterior glare, heat, and light).

Location Requirements. Small collection facilities shall:

Maximum Size. A small collection facility shall not occupy more than three hundred fifty square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers;

Appearance of Facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods;

Operating Standards. Small collection facilities shall:

Signs. Signs may be provided as follows: