Draft Ordinance ZCA2021-00179, SPN90-2C
Summary of Amendments
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
2 18.04 (Single-Family Residential Zones)
Single-Family Residential Zones: This amendment clarifies that only “enclosed” accessory structures shall count against the cumulative maximum square footage of detached structures in single-family residential zones, and that unenclosed structures such as swimming pools, tennis courts, etc. do not count towards this limitation. 4, 5 18.06 (Multiple-Family Residential Zones) Multiple-Family Residential Zones: This amendment clarifies and streamlines multiple- family residential projects:
• Private Patios – Clarifies that the Code permits encroachment for private patios for ground floor residential units of up to eight (8) feet into required street setbacks and setbacks abutting interior property lines.
• Recreational-Leisure Areas – Streamlines multiple-family residential development by providing a ratio of common to private areas and a minimum amount of required common area.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
6, 15 18.08 (Commercial Zones)
18.38 (Supplemental Use Regulations)
Conversion and Continued Use of Residential Structures: This amendment provides regulatory relief and consistency by removing a code section that is no longer relevant and is not consistent with other Commercial Zone requirements. The amendment removes the code section outlining requirements for the commercial use of a residential structure and adds clarification that the conversion or continued use of a residential structure within a C- G or O-L zone to a commercial use requires a conditional use permit.
1, 3, 7, 8,
9, 24
18.04 (Single-Family Residential Zones)
18.06 (Multiple-Family Residential Zones)
18.08 (Commercial Zones)
18.10 (Industrial Zone)
18.14 (Public and Special-Purpose Zones)
18.40 (General Development Standards)
Educational Uses Adjacent to Residential Zones: This amendment provides clarification by updating the description of buildings used for educational purposes to specifically encompass those used for Day Care Centers, Educational Institutions – General, or Community and Religious Assembly. This amendment also updates the Primary Use Tables within the Single-Family Residential, Multiple-Family Residential, Commercial, and Industrial Zones to require the above uses to comply with this amendment.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
9 18.14 (Public and Special-Purpose Zones) Stealth Ground-Mounted Telecom in Public and Special-Purpose Zones: This amendment provides regulatory relief by changing the permitting requirements for stealth ground-mounted telecommunications antennas in Public and Special- Purpose Zones.
The amendment would change the permitting from a Conditional Use Permit to a Telecommunications Antenna Review Permit consistent with the permitting requirements in Commercial and Industrial Zones and FCC6409, which requires application determination from municipalities within 150 days.
The amendment also clarifies that the Zoning Code prohibits non-stealth ground-mounted telecommunications antennas within the Public and Special Purpose Zones.
The following zones are Public and Special Purpose Zones:
• “OS” Open Space Zone
• “PR” Public Recreational Zone
• “SP” Semi Public Zone
• “T” Transition Zone
10 18.36 (Types of Uses) Day Care Centers: This amendment provides regulatory relief by removing the minimum amount of children required for a day care use. The amendment also brings the requirements for a day care use in line with the State law definition, which does not include a minimum number of children.
11, 12, 13 18.38 (Supplemental Use Regulations) Accessory Dwelling Units: This amendment provides regulatory relief and streamlines development by allowing ADUs to be constructed above existing nonconforming structures located within the front setback. This amendment also removes the requirement for detached accessory dwelling units to be architecturally compatible with the main unit, unless the property is located within a historic district.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
16 18.38 (Supplemental Use Regulations) Ground-Mounted Mechanical and Utility Equipment: This amendment provides regulatory relief by removing the limitation on placing ground-mounted equipment in street setback areas. Electrical transformers, backflow prevention devices, and double check detector assemblies shall still be located a minimum of five (5) feet from the property line, except in single-family zones, but the amendment would no longer require the equipment to be placed outside of the street setback. Additionally, the amendment requires the screening of equipment with live landscaping if located within a required structural setback area abutting any public or private street. 17 18.38 (Supplemental Use Regulations) Outdoor Storage: This amendment provides consistency within departmental practices by updating the type of ground material required for outdoor storage. “Gravel” is replaced by “crushed angular rock”, which is the more specifically appropriate material for outdoor storage yards to reduce dust and runoff.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
18, 29, 36 18.38 (Supplemental Use Regulations)
18.92 (Definitions)
Outdoor Dining Requirements: This amendment would provide clarity, regulatory relief and would:
• Allow the conversion of up to three parking spaces within Commercial Retail Centers – Large to outdoor dining space.
• Update the definition of, “outdoor dining”, in order to provide clarity on the use. • Remove the requirement for the outdoor dining to be accessible directly from the restaurant, if the use does not include the sale of alcohol. • Require the restaurant to enclose the outdoor dining area with permanent improvements such as landscape planters, fencing, patio or shade structures, and/or other decorative barriers, which physically define and/or separate the outdoor dining area from other open or public areas.
• Create an Outdoor Dining Parking Permit that outlines requirements regarding health, safety and design.
The Outdoor Dining Parking Permit would require the dining area to be:
o Compatible with the design of the restaurant building in a manner that is safe, provides proper access and is fully visible from the restaurant. o Designed in a manner which does not interfere with the flow of pedestrian or other traffic.
o Maintained in a good state of repair and in a safe, sanitary and attractive condition. o Designed so that the floor is comprised of decking or other raised foundation that differentiates the dining area from the surrounding parking lot. o Limited to the depth and width of the parking stalls to be replaced by the dining area.
o ADA accessible and located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to City or public utility facilities and will not compromise the safe use of any public walkway or other right-of-way.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
25, 27 18.42 (Parking and Loading) Residential Parking Requirements: This amendment clarifies:
• Residential Parking Requirements – Clarifies parking space requirements based on number of bedrooms in single-family, detached dwellings. This amendment provides clarity that one (1) additional parking space per bedroom over five (5) bedrooms is required.
• Vehicle Access from Public Streets – Clarifies that lots within 1,000 feet in either direction may count towards the seventy-five (75%) minimum requirement for direct vehicle access.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
26, 27, 37 18.42 (Parking and Loading)
18.110 (East Center Street Development
Specific Plan No. 90-2)
Non-Residential Parking Requirements: This amendment provides clarity and consistency:
• Automotive - Impound Yards – This amendment provides clarity on parking requirements for Automotive – Impound Yards by adding the use to the Non- Residential Parking Requirements table.
• Parking Garage Dimensions and Accessways – This amendment provides consistency between City departments and industry standards by removing the code section regulating residential parking garage dimensions and accessways. Such projects will be required to follow applicable City and Building Code standards.
• East Center Street Parking Structure – This amendment increases consistency within city parking standards by referring the commercial parking requirements for the East Center Street Parking Structure to the general parking section.
• Fast Food/ Take Out Restaurant Parking – Aligns parking requirements for fast-food/ take out restaurant parking, which is included under parking for Restaurants – General, with Retail Sales – General. The requirements for these two uses were previously the same; however, when the parking requirement for Retail Sales – General was reduced to 4 spaces per 1,000 square feet of gross floor area, Restaurants –General stayed at
5.5 spaces per 1,000 sq. ft. of GFA. This amendment re-aligns the parking requirements for both above uses. It also will provide regulatory relief since the reduction of required parking spaces will eliminate the requirement for a parking tabulation when a new restaurant takes over a retail space within a shopping center.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
31, 32, 33 18.46 (Landscaping and Screening) Sound Attenuation: This amendment pertains to homeowners with single-family residences abutting either a major highway, scenic expressway, or primary arterial highway that have alley access with no driveway along the arterial street.
This amendment reduces the required landscape setback area in the above locations, between fences and walls and the public right-of-way, from 10 feet to three feet; however, it also reduces the maximum permitted wall or fence height from eight feet to six feet.
The proposed amendment would allow these homeowners to construct walls or fences up to six feet in height, outside of the three-foot setback area, subject to administrative review.
Retaining Wall Landscaping Requirements: This amendment provides clarity that the Zoning Code only requires crib walls and retaining walls that are visible to public rights- of-way, public trails, private streets or adjacent residential properties, to be constructed with landscaping and irrigation facilities.
14, 19,
20, 21,
22, 23
18.38 (Supplemental Use Regulations)
Special Events: This amendment provides for clarity of the special event permit requirements by separating the four components that currently exist within one section into four individual sections. Application procedures were added to these four sections, along with special event regulations within The Platinum Triangle section, for consistency purposes.
The four sections are as follows:
• Flags and Banners
• Outdoor Activity
• Christmas Tree Lot and Pumpkin Patches
• Carnival and Circuses
This amendment also allows for flags and banners for newly constructed homes or condominiums for up to two (2) years and up to six (6) months for new apartment complexes.
Ordinance
Section Municipal Code Chapter(s) Description/Analysis
7, 28, 30,
34, 35
18.08 (Commercial Zones)
18.46 (Landscaping and Screening)
18.92 (Definitions)
Grammatical Errors, Incorrect References and Internal Consistency: These amendments correct grammatical errors, update incorrect references and create internal consistency of terminology throughout the Zoning Code related to the following items:
• Smoking Lounge (Ordinance Section 7) – This amendment corrects a typographical error that duplicates the Smoking Lounge use within the Commercial Zone Primary Use Table.
• Appeal Provisions for Shared Parking Permits (Ordinance Section 28) – This amendment corrects a typographical error, which states the City Council has appeal authority over shared parking permit review. The amendment replaces that authority with the Planning Commission, which is consistent with current practice. • Permitted Fences and Walls (Ordinance Section 30) – This amendment provides consistency for permitted fences and walls by adding freeways and toll roads to the list of locations under the Permitted Fences and Walls Table. • Density Definitions (Ordinance Section 34) – This amendment provides consistency between conflicting definitions for “Density” and “General Plan Density – Maximum”. The outdated definition for “Density” will be deleted and “Density” will refer to the definition for “General Plan Density – Maximum”. • Floor Area Ratio (Ordinance Section 35) – This amendment clarifies the definition of “Floor Area Ratio” to exclude dedications and roadway easements.