ATTACHMENT 3
ORDINANCE REDLINE
ORDINANCE NO. ______
An Ordinance of the City Council of the City of Murrieta, California, AMENDING TITLE 16 OF THE MURRIETA Development CODE TO REVISE CHAPTERS 16.18, 16.22, 16.30, 16.34, 16.38, 16.42, 16.44, 16.52, 16.56, 16.60, 16.68, 16.70, 16.72, 16.73, 16.78, 16.90, and 16.110 WHEREAS, the City of Murrieta (“City”) proposes an amendment to the City’s Development Code for the purpose of revising and updating Chapters 16.18, 16.22, 16.30, 16.34, 16.38, 16.42, 16.44, 16.52, 16.56, 16.60, 16.68, 16.70, 16.72, 16.73, 16.78, 16.90, AND 16.110 (“Development Code Amendment”); and WHEREAS, DCA-2023-2775 includes an update and clean-up in order to provide consistency and eliminate errors within the chapters of the City’s Development Code identified above; and WHEREAS, on June 26, 2024, the City of Murrieta Planning Commission held a duly noticed public hearing on the proposed Development Code Amendments; and WHEREAS, on June 26, 2024, the City of Murrieta Planning Commission provided an opportunity for public comments and discussed the proposed Development Code Amendments, at which a staff report was presented, and evidence in the record was provided to support the findings required by the Murrieta Development Code Section 16.58.080; WHEREAS, the Planning Commission considered and discussed the public comments and written information provided at the public hearing at both meetings and has determined that the proposed Development Code Amendment is appropriate; and WHEREAS, the Planning Commission has considered the potential for environmental effects as a result of the proposed Development Code Amendment pursuant to the California Environmental Quality Act (CEQA), and concurs with staff’s recommendation.
WHEREAS, the City Council, after notice duly given as required by law, held a public hearing on ___________ __, 2024 at 6:00 p.m., in the City Hall council chamber to consider this proposed Ordinance No. ___-24, and heard all arguments for and against this proposal.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Murrieta does ordain as follows:
SECTION 1. RECITALS
The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. FINDINGS
Based upon the substantial evidence presented to the City Council on _________ __, 2024, including written and oral staff reports and public written and oral testimony, and in accordance with Murrieta Development Code Chapter 16.58, the City Council of the City of Murrieta approves the Development Code Amendment set forth herein in accordance with the following findings pursuant to Development Code Section 16.58.080:
Findings and Recommended Approval for Development Code Amendments:
The proposed amendment ensures and maintains internal consistency with all of the objectives, policies, general plan land uses, programs, and actions of all elements of the general plan; FACTS: The Development Code is the primary tool for implementing the General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Land Use Element. This Development Code Amendment updates and amends Chapters 16.18, 16.22, 16.30, 16.34, 16.38, 16.42, 16.44, 16.52, 16.56, 16.60, 16.68, 16.70, 16.72, 16.73, 16.78, 16.90, and 16.110 in order to provide accurate and consistent information throughout the City’s Development Code.
The proposed amendment would not be detrimental to the public convenience, health, safety or general welfare of the city; FACTS: The proposed amendment addresses errors within the City’s Development Code, in order to provide accurate and consistent information throughout the City’s Development Code, which will maintain the public convenience, health and safety, and general welfare of the City.
The proposed amendment is internally consistent with other applicable provisions of the development code.
FACTS: The proposed amendment addresses errors within the City’s Development Code, in order to provide accurate and consistent information throughout the City’s Development Code specifically Chapters 16.18, 16.22, 16.30, 16.34, 16.38, 16.42, 16.44, 16.52, 16.56, 16.60, 16.68, 16.70, 16.72, 16.73, 16.78, 16.90, and 16.110 and thereby, is internally consistent.
The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
FACTS: The proposed Development Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, as the proposed Development Code revisions would have no significant adverse effects on the environment. The changes being considered in the ordinance amendments are intended to address updated code enforcement processes, processing requirements for Final Maps, updated definitions, removing minor planning processes that are no longer utilized, minor updates to parking and signage, notification updates as provided through Fire Department, as it relates to implementation at a local government level, and development code errors and inconsistencies, and streamline permit processing without undermining or minimizing CEQA review of discretionary permits. Therefore, the Ordinance Amendments are exempt under Section 15061(b)(3).
SECTION 3. MUNICIPAL CODE AMENDMENT
Section 16.18.070 is hereby amended to read as follows:
“16.18.070 Hazardous Materials Storage.
The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the city.
A minor conditional use permit is required pursuant to Chapter Section 16.52 (Conditional Use Permits) for the storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold(s) specified in the uniformCalifornia Building and Fire Code(s) building code.
For the purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services and the Riverside County Department of Environmental Health.
A. Reporting Requirements. All businesses required by state law (Health and Safety Code, Section 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the director at the same time these plans are submitted to the fire department and the Riverside County Department of Environmental Health.
B. Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code, Section 6.7; and Section 79.1 13(a) Chapters 50 – 67 of the uniform fire code) California Fire Code and Sections 414 and 415 of the California Building Code. Businesses that use underground storage tanks shall comply with the following notification procedures:
1. Immediately Nnotify the fire department of any unauthorized release of hazardous substances immediately and take steps necessary to control the release; and
2. Notify the tire fire department and the director of any proposed abandoning. closing, or ceasingtermination of operations of an underground storage tank(s) and the lawful actions to be taken to dispose of any hazardous substances in accordance with all local, state, and federal codes and/or standards.
C. Aboveground Storage. Aboveground storage tanks for flammable liquids may be allowedpermitted at construction sites subject to the approval of the fire departmentcode official.
D. New Development. Structures subject to the provisions of this development code as well as all newly created parcels shall be designed to accommodate a setback of at least fifty (50) feet from any existing natural gas or petroleum pipeline. This setback may be reduced, only if the director can make one or more of the following findings:
1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;
2. A fifty (50) foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines, or easements; or
3. A containment system or other mitigating facility shall be constructed. and the city engineer finds that a leak would accumulate within the reduced setback area. The design of the system shall be subject to the approval of the city engineer and a fire code official approved by the fire protection engineer.
For the purpose of this section, a pipeline is defined as follows:
1. A pipe with a nominal diameter of six inches or more that is used to transport hazardous liquid, but does not include a pipe used to transport or store hazardous liquid within a refinery, storage, or manufacturing facility; or
2. A pipe with a nominal diameter of six inches or more operated at a pressure of more than two hundred seventy-five (275) pounds for each square inch that carries gas.
E. Notification Required. A subdivider of a development within five hundred (500) feet of a pipeline shall notify a new/potential owner at the time of purchase and at the close of escrow of the location, size, and type of pipeline.” Section 16.18.150, Tables 3-1 and 3-2, are hereby amended to read as follows:
“TABLE 3-1
MULTI-FAMILY DEVELOPMENT MINIMUM COMMON STORAGE AREAS REQUIRED (SQ. FT.) TABLE 16.18.150-1
MULTI-FAMILY DEVELOPMENT MINIMUM COMMON STORAGE AREAS REQUIRED (SQ. FT.) Number of Dwellings
Refuse
Recycling
Total Area
2-6
12 12
24 7-15
24 24
48 16-25
48 48
4896
25 or more
Every additional twenty-five (25) dwellings or fraction thereof shall require an additional forty-eight (48) square feet for solid waste and forty-eight (48) square feet for recyclables. …
TABLE 3-2
NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ. FT.) TABLE 16.18.150-2
NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ. FT.) Building Floor Area (sq. ft.)
Refuse
Recycling
Total Area
0-5,000
12 12
24 5,001-10,000
24 24
48 10,001-25,000
48 48
96 25,001-50,000
96 96
192
50,001-75,000
144
144
288
75,001-100,000
192
192
384
100,001+
Every additional twenty-five thousand (25,000) sq. ft. shall require an additional forty-eight (48) sq. ft. for solid waste and forty-eight (48) sq. ft. for recyclables. “
Section 16.22.080, is hereby amended to read as follows:
“16.22.080 Prohibited Fence Materials.
A. Prohibited Fencing Materials.
1. Barbed wire, razor wire and other similar materials shall not be permitted as part of a fence or wall except as utilized for permitted agricultural and livestock operations in any residential zoning district; and
2. The use of chain-link fencing shall not be allowed within the front yard setback on a residentially zoned, except in the RR and ER zones or developed property along a property line adjacent to a street.
3. Barbed wire, razor wire, and similar materials installed prior to the effective date of Ordinance No. ___ shall be allowed to continue to be utilized for security purposes.
B. Exceptions to Prohibited Fencing Materials. Chain-link fences, may be allowed when required for security or safety reasons, subject to the director's approval, which shall be conditioned to mitigate negative visual impacts. The conditions may include, but are not limited to, the following:
1. Inclusion of decorative elements (i.e., varied mesh sizes, vinyl or other coating and alternative post materials);
2. Inclusion of landscaping or alternative fence locations; and
3. Maintenance of fencing materials and landscaping.” Section 16.30.130 is hereby amended to read as follows:
“16.30.130 Acts Deemed Violations of Chapter.
The following acts are a violation of this chapter.
A. Construction Noise.
1. Operating or causing the operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of eight p.m. and seven a.m., or at any time on Saturdays, Sundays, or holidays so that the sound creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities.” Section 16.34.040 is hereby amended to read as follows:
“..
TABLE 3-7
PARKING REQUIREMENTS BY LAND USE
Agricultural Uses
Vehicle Spaces Required
Produce Stands (Issued by Temporary Use Permit)
Minimum of 3 on-site parking spaces.
The parking area shall be set back from any public right-of-way in compliance with the underlying zone. This area shall be kept clear to provide unobstructed visibility for motorists.
Agriculture Processing
1 per 1,500 sq. ft. of use area.
The parking area shall be set back from any public right-of-way in compliance with the underlying zone. This area shall be kept clear to provide unobstructed visibility for motorists.
Equestrian Facilities
1 per 3 corrals plus 1 horse trailer space for every 10 corrals plus 2 for a caretaker’s unit.
The parking area shall be set back from any public right-of-way in compliance with the underlying zone. This area shall be kept clear to provide unobstructed visibility for motorists. ..”
Section 16.38.080 is hereby amended to read as follows:
“16.38.080 Prohibited Signs.
The following signs are inconsistent with the purposes and standards of this chapter and are, therefore, prohibited in all zoning districts:
A. Abandoned and/or dilapidated signs and sign structures; B. Animated, moving, flashing, blinking, reflecting, revolving, or other similar signs, except time/temperature devices; C. Banners, flags, and pennants, except as specifically allowed by the provisions of Section 16.38.055 (Temporary Commercial Signs); D. Bench signs, except at approved bus passenger loading areas in areas other than single family residential districts; E. Changeable copy signs, except as approved for a civic organization/institution, movie theater, regional mall, auto center, or unless otherwise approved by a sign program, or as allowed pursuant to Section 16.38.020 (C)(Message Substitution); F. Inflated signs, balloons, and figures;
G. Light bulb strings except for temporary uses (e.g., Christmas tree lots) and, exposed tubing (neon), and light-emitting diode (LED) or similar lighting technology, except as allowed by a comprehensive sign program; H. Obscene or offensive signs containing statements, words, or pictures of an obscene, indecent or immoral character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value; I. Off-site signs not specifically allowed by the provisions of this chapter, including billboards and outdoor advertising not specifically authorized pursuant to Section 16.38.150; J. Painted signs on fences, walls or roofs;
K. Portable signs, this provision does not apply to noncommercial signs; L. Pole signs;
M. Projecting signs:
N. Roof signs;
O. Signs erected in a manner that a portion of its surface or supports will interfere in any way with the free use of a fire escape, exit, or standpipe or obstruct a required ventilator, door, stairway, or window above the first story; P. Signs not in compliance with the provisions of this chapter; Q. Signs emitting audible sounds, odors, or visible matter; R. Signs that conflict with or imitate traffic control devices due to color, wording, design, location or illumination, or that interfere with the safe and efficient flow of vehicular and/or pedestrian traffic; S. Signs on public property or projecting within the public right-of-way, except with an encroachment permit issued by the city; T. Signs which are a danger to the public or are unsafe; U. Signs which are a traffic hazard not created by relocation of streets or highways or by acts of the city; V. Vehicle signs; or
W. Illegal Signs pursuant to Section 16.38.085.”
Section 16.38.140, Table 3-11 is hereby amended to read as follows:
“TABLE 3-1116.38.140-1
SIGN STANDARDS-RESIDENTIAL SIGN STANDARDS - RESIDENTIAL CLASS
SIGN TYPE
NUMBER
SIGN AREA
HEIGHT
REMARKS
Neighborhood identification
Wall or monument
Two per entry (one at each corner)
Twenty-four (24) square feet
Six feet for wall sign and four feet for monume nt sign.
1. Copy shall be limited to the name of the development.
Multi-family identification
Wall
Monument
One per street frontage with a maximum of two per development.
One per street frontage with a maximum of two per development.
Twenty-four (24) square feet
Twenty- four (24) square feet
Sign shall not project above the edge of roof
Six feet
1. Signs shall harmonize with the scale and design of the development.
2. Indirect lighting only.
3. Monument signs shall be placed no closer than five feet from the property line. Corner locations shall be approved by city engineer.
Multi-family identification
Wall
One per street frontage with a maximum of two per development.
Twenty-four (24) square feet
Sign shall not project above the edge of roof
1. Signs shall harmonize with the scale and design of the development.
2. Indirect lighting only.
3. Monument signs shall be placed no closer than five feet from the property line. Corner locations shall be approved by city engineer.
4. Refer to the Objective Design Guidelines (ODS) for additional criteria.
Monument
One per street frontage with a maximum of two per development.
Twenty- four (24) square feet
Six feet
Multi-family site directory
Monument
One per vehicular entrance
Twelve (12) square feet
Six feet
1. To direct visitors and emergency vehicles to buildings.
2. Sign shall be conveniently located and shall not be located within the entry throat in a manner that could block access.
3. Illuminated for legibility twenty-four (24) hours a day.
4. Sign shall locate building, driveway locations, and address of each building. Fire hydrant or knox box locations may also be shown as required by the fire department.
5. Copy shall be minimum one inch in height and legible from twenty (20) feet.
6. Refer to the Objective Design Guidelines (ODS) for additional criteria.
Model home complex
Temporary sign on-site
Two on-site temporary signs permitted. One each main street of project.
One hundred (100) square feet
Fifteen (15) feet
1. Signs shall be removed within ten days from the date of the final sale of the land and/or residences.
2. Signs shall be for identification of subdivision, price information, and the developers name, address, and telephone number.
Flags, banners, pennants
Per director
Per director
Per director
Real estate signs
One per lot
Four square feet
Seven feet
1. See Section 16.38.050(C).
Non- residential uses
1. Subject to the Civic/Institutional sign allowances. “
“WALL SIGN STANDARDS-NON RESIDENTIAL
TABLE 16.38.140-2
WALL SIGN STANDARDS - NON-RESIDENTIAL
PRIMARY FRONTAGE
NON-PRIMARY FRONTAGE
1.5 square feet per 1 lineal foot of frontage not to exceed 250 square feet of sign area 1 square feet per 1 lineal foot of frontage not to exceed 150 square feet of sign area “
“FREESTANDING SIGN STANDARDS-COMMERCIAL and INDUSTRIAL
TABLE 16.38.140-3
FREESTANDING SIGN STANDARDS – COMMERCIAL, INDUSTRIAL, OFFICE, BUSINESS PARK, AND INNOVATION
MONUMENT
PYLON
FREEWAY SIGNS
REMARKS
All Commercial zones (NC, CC, RC)
Single tenant
One sign; 24 sq.ft.in sign area per side; 8' max height.
If more than 300 lineal feet of street frontage one Pylon sign; 60sq.ft.max sign area and 12' max height.
Up to 25 acres in size - 1 sign, 225sq.ft.max sign area; 40' max height. >25 acres - 1 sign, 500sq.ft max sign area; 60' max height. *1000 ft. from other freeway signs with digital display or 500 feet from any other freeway signs on the same side of the street, includes signs of different parcels/development . Within 150 ft. of freeway right-of-way. All freeway signs shall include the City's name and logo.
1. Digital display is permitted on one freestanding sign per center and shall occupy a max of 20% of that sign's area.
2. One monument and/or pylon sign per development shall include the center's name. This sign area will not count towards the overall allowed signage area of said sign.
3. If project site is located on comers of major arterials it is subject to section 16.38.130.
Multi-tenant
One per street frontage; 50 sq. ft. in sign area per side; 10' max height. If more than 300 lineal feet of frontage one additional sign is allowed along one frontage. Signs shall have a 200 foot separation from any other signs. >2.5 up to 6 acres - 1 max; 60 sq. ft.max sign area and 12' max height >6acres<10- 2 max; one per street frontage; 200-foot separation froip all other signs; 60 sq.ft. max sign area; 12' max height. >10acres<25 - 3 Max; at 100 sq. ft. max sign area; 20' max height; 200-foot separation from all other signs. >25 acres - 4 max; 200 sq. ft. max sign area; 25' max height; 200-foot separation from all other signs. If project site has more than 1200 lineal feet of street frontage one additional pylon is allowed.
Up to 25 acres in size - 1 sign, 225sq.ft. sign area; 40' max height. >25 acres - 1 sign, 500sq.ft. max sign area; 60' max height. *1000 ft. from other freeway signs with digital display or 500 feet from any other freeway signs on the same side of the street, includes signs of different parcels/development . Within 150 ft. of freeway right-of-way. All freeway signs shall include the City's name and logo.
1. Digital display is permitted on one freestanding sign per center and shall occupy a max of 20% of that sign's area.
2. One monument and/or pylon sign per development shall include the center's name. This sign area will not count towards the overall allowed signage area of said sign.
3. If project site is located on corners of major arterials it is subject to section 16.38.130.
Office (O and ORP)
Business Park and Industrial (BP, GI, and GIA)
Single tenant
One sign; 24 sq.ft.in sign area per side; 6' max height.
Not Allowed
Not Allowed
1. Digital display is permitted on one freestanding sign per center and shall occupy a max of 20% of that sign's area.
2. One monument and/or pylon sign per development shall include the center's name. This sign area will not count towards the overall allowed signage area of said sign.
3. If project site is located on corners of major arterials it is subject to section 16.38.130.
Multi-tenant
One per street frontage; 50 sq. ft. in sign area per side; 10' max height. If more than 300 lineal feet of frontage one additional sign is allowed along one frontage. Max of 3 monument signs allowed. Signs shall have a 200 foot separation from any other signs. >2.5 acres up to 25 acres - 1 max; 60 sq. ft. max sign area; 12 ft. max height. >25 acres - 2 max; one per street frontage with 100 sq. ft. max sign area; 20 ft. max height Signs shall have a 200 foot of separation from any other signs 1 max 225sq.ft. in sign area; 40' max height
* 1000 ft. from other freeway signs with digital display or 500 feet from any other freeway signs on the same side of the street, includes signs of different parcels/development . Within 150 ft. of freeway right-of-way. All freeway signs shall include the City's name and logo.
1. Digital display is permitted on one freestanding sign per center and shall occupy a max of 20% of that sign's area.
2. One monument and/or pylon sign per development shall include the center's name. This sign area will not count towards the overall allowed signage area of said sign.
3. If project site is located on corners of major arterials it is subject to section 16.38.130.
Office (O and ORP), Business Park, Industrial (BP, GI, and GIA), Innovation (INN) Single tenant
One sign; 24 sq.ft.in sign area per side; 6' max height.
Not Allowed
Not Allowed
1. Digital display is permitted on one freestanding sign per center and shall occupy a max of 20% of that sign's area.
2. One monument and/or pylon sign per development shall include the center's name. This sign area will not count towards the overall allowed signage area of said sign.
3. If project site is located on corners of major arterials it is subject to section 16.38.130.
Multi-tenant
One per street frontage; 50 sq. ft. in sign area per side; 10' max height. If more than 300 lineal feet of frontage one additional sign is allowed along one frontage. Max of 3 monument signs allowed. Signs shall have a 200 foot separation from any other signs. >2.5 acres up to 25 acres - 1 max; 60 sq. ft. max sign area; 12 ft. max height. >25 acres - 2 max; one per street frontage with 100 sq. ft. max sign area; 20 ft. max height Signs shall have a 200 foot of separation from any other signs 1 max 225 sq.ft. in sign area; 40' max height
* 1,000 ft. from other freeway signs with digital display or 500 feet from any other freeway signs on the same side of the street, includes signs of different parcels/development . Within 150 ft. of freeway right-of-way. All freeway signs shall include the City's name and logo.
1. Digital display is permitted on one freestanding sign per center and shall occupy a max of 20% of that sign's area.
2. One monument and/or pylon sign per development shall include the center's name. This sign area will not count towards the overall allowed signage area of said sign.
3. If project site is located on corners of major arterials it is subject to section 16.38.130.
TABLE 16.38.140-4
SIGN STANDARDS - CIVIC/INSTITUTIONAL
WALL
MONUMENT
PYLON
FREEWAY
REMARKS
Civic/ Institutional
1 per building frontage facing a public street; max 2 wall signs; with a max sign area of 200 square feet.
One sign per street frontage; 24 sq.ft.in sign area per side; 6' max height. “
Section 16.42.110 is hereby amended to read as follows:
“16.42.110 Post Approval Procedures.
The following procedures, shall apply following the approval of a tree removal permit application:
A. Appeals. The decision of the director shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals)accordance with Chapter 2.28 of this Code.
B. Expiration/Extension. A tree removal permit shall be exercised within one year from the date of approval or other time limit established through a discretionary permit approval. Time extensions, for up to a total of two additional years, may be granted in compliance with Chapter 16.80 (Permit Implementation and Time Extensions). If a tree removal permit is not exercised within the established time frame, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation and Time Extensions) shall be initiated to consider the permit expired.
C. Issuance of Building Permit. Building permits may be issued once all applicable terms and conditions of the approved tree removal permit have been satisfied. Minor changes to required conditions of an approved permit may be granted in compliance with Section 16.80.070 (Changes to an Approved Project).
D. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of conditions of approval imposed as part of the tree removal permit.
E. Construction Monitoring. Monitoring of tree protection and restoration measure specified as conditions of approval shall be performed by site inspection conducted by the director.
F. Revocation. A tree removal permit may be revoked or modified, as established in Chapter 16.82 (Revocations/Modifications), which generally includes findings that the tree removal, relocation, or protection activities:
1. Cannot support the original findings:
2. Resulted from misrepresentation or fraud;
3. Has not been implemented in a timely manner;
4. Has not met, or has violated any condition of approval:
5. It is in violation of any code, law, ordinance, or statute;
6. Is detrimental to public health, safety, or welfare; or
7. Constitutes a nuisance.
G. Enforcement.
1. Any person who cuts, damages, or moves a protected tree in violation of this chapter shall be deemed guilty of a misdemeanor and upon conviction may be punished in compliance with the applicable provisions of the municipal code.
2. Violation of this chapter during construction activity may result in an immediate stop-work order until permits are obtained along with proper mitigation procedures.” Section 16.44.040 is hereby amended to read as follows:
“16.44.040 Animal Keeping.
The purpose of this section is to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights or insect infestations.
A. Pre-existing Uses. Any legally established noncommercial and nonconforming animal keeping use that be-came nonconforming upon adoption of this development code, shall be permitted to continue subject to Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).
B. Existing Lots of Record. Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 16.44.040-1 subject to compliance with setback regulations of the underlying zoning district and subject to approval by the director.
C. Permitted Uses. Animal keeping uses allowed in Article II (Zoning Districts and Allowable Land Uses), shall comply with the standards provided in Table 16.44.040-1 below and with all other standards and requirements of this section and with all other applicable ordinances and regulations.
D. Exempt Uses. All permitted kennels shall be ruled exempt from the standards contained in Table 16.44.040-1, Animal Keeping Standards, and all other standards and requirements of this section.
E. Animal Keeping Standards.
1. The following standards shall apply to all animal keeping uses, where allowed within the residential zoning districts:
TABLE 16.44.010-1
ANIMAL KEEPING STANDARDS
Type of Animal
Allowable Zoning District
Maximum Number of Animals per Site
Minimum Lot Size
Apiary (bees)
RR, ER
n/A
One-half (1/2) acre
Aviary
RR, ER
Fifty (50) birds per acre; more than fifty (50), subject to CUP One-half (1/2) acre
Cats or dogs
All zones
Four animals each
None
All zones
Eight animals total
Two acres
Chickens
RR, ER, SF1
4 12
30 7,200 sq. ft. to .49 acre
.5 to 1 acre
>1 acre
Chinchilla, nutria, hamsters, guinea pigs, cavy and similar small animals (raising for commercial purposes) RR, ER
Subject to a CUP
One acre
Exotic or wild animals
RR, ER
Subject to a CUP
One-half (1/2) acre
Frog farm
RR, ER
Subject to a CUP
One acre
Household pets (e.g., birds, domesticated rodents, non- poisonous reptiles) All zones
No maximum
None
Poultry, fowl (not including chickens)
RR, ER
Thirty (30) animals per acre
One-half (1/2) acre
Pot belly pigs (les than eighty (80) lbs.)
All zones
Four pigs
Five thousand (5,000) sq. ft.
Large (e.g., equine, bovine, bison or similar sized animals) RR, ER
Five per acre
One-half (1/2) acre
Medium (e.g., sheep, goats, and similar sized animals)
RR, ER
One per five thousand (5,000) sq. ft.
One-half (1/2) acre
Small (e.g., rabbits, chinchillas, guinea pigs, hamsters, and similar sized animals) All zones
Six per five thousand (5,000) sq. ft. up to one acre. One acre or larger, maximum one hundred (100).
Five thousand (5,000) sq. ft.
a. Setbacks for grazing, arenas, or areas where animals are kept apply to typical corral and fence construction. Barns, sheds, and similar accessory structures shall be subject to the standards and setbacks of the particular zoning district.
TABLE 16.44.040-2
Standard
Minimum Distance/Size
Setback Front
Zoning district setback
Side and rear
Minimum three feet
From any habitable dwelling
Minimum fifty (50) feet
Fence height
Minimum five feet
Corral size
Minimum two hundred eighty-eight (288) sq. ft. per animal (twelve (12) feet x twenty-four (24) feet) with a minimum ten foot interior dimensions b. Apiaries, for the noncommercial use of occupants of the premises only, shall have all boxes or hives housing bees placed at least four hundred (400) feet from any highway, roads, or streets, any public school, park, property boundary or from any structure used as a dwelling or as a place of business. A water source shall be provided on-site. c. Offspring born to an allowed animal kept on the site may be kept until the animals are weaned (cats and dogs - four months; large animals - six months; horses - twelve (12) months). d. Rabbits shall be kept in an area with a wire mesh floor. e. The keeping of animals shall be subject to the waste removal requirements of municipal code Chapter 8.28 and any other applicable laws and ordinances. f. The keeping of animals shall comply with all local, county, state, and federal regulations including obtaining and maintaining applicable licenses.
2. A conditional use permit is required for the establishment of commercial and noncommercial dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments with outside runs subject to the requirements of the county health department and the following provisions:
a. The minimum parcel size shall be one acre.
b. Animal runs shall be an adequate size for animals held herein. c. Animal runs shall be constructed or coated with non-porous material to discourage the breeding of ticks and other similar pests. d. Animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage. e. Animal runs shall have adequate enclosures to provide protection from inclement weather. f. Animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs. g. Kennels and catteries shall be serviced by sewer and all excrement produced by the animals shall be properly disposed of on a regular basis so as to control flies and odor, or stored in an enclosed container and disposed of on a regular basis. Existing kennels shall be permitted to remain on a septic system, including expansions to existing facilities. New expansions shall be subject to approval by the Riverside County environmental health department prior to issuance of building permits. h. New kennels and expansions of existing kennels shall be subject to review and approval by the Riverside County health environmental department prior to the issuance of building permits. i. Animal runs, exercise areas, or keeping of the kenneled animals for commercial or noncommercial purposes shall not be located within a required setback area. j. Facilities for dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments shall be subject to the setback standards for the underlying district.
3. Animals at Large:
a. The animal control authority, peace officers, or persons employed for animal regulation purposes shall capture animals found at large within the city and shall handle the animals as impounded animals. Any owner or custodian of an animal found at large in the city shall be in violation of this section. An animal is at large whenever it is not on the premises of the owner or custodian of the animal and is unattended. b. For any impounded animal, except a domesticated dog or cat, all reasonable costs incurred by the city and the animal control authority in connection with the capture and impoundment of the animal shall be the responsibility of the owner of the animal.
4. Chickens:
a. Chickens shall be contained within an enclosure or coop with an enclosed runway and an area providing protection from weather. b. Enclosure or coop shall be in the rear or side yard and shall be setback ten feet from the rear and side yard property line. c. The enclosure or coop shall be maintained in a clean and sanitary condition and free of offensieoffensive odors. d. The slaughtering of any animal is prohibited in any residential zone. ed. Roosters are prohibited.
fe. Chickens under the age of 6 months are not counted towards the maximum number of chickens as provided in Table 16.44.040-1. gf. The commercial keeping of chickens in residential zones is prohibited.
5. Slaughtering and Rendering Activities
Meat for Personal Consumption. As permitted by the California Department of Agriculture, livestock producers may slaughter their own animals or contract with mobile custom slaughterers for on-farm slaughter of animals to be consumed within their household. The animals involved in this process shall reside on the premises and shall not be transported to the subject site for a slaughtering phase of operations. Meat from animals slaughtered from the on-site farm cannot be sold per State law.
The location of the temporary mobile facility for slaughtering shall be subject to approval by the Development Services Director or designee and shall require a Temporary Use Permit.
Due to potential public health impacts concerning stormwater, air quality, and odors, rendering activities are prohibited citywide.” Section 16.44.150 is hereby amended to read as follows:
“16.44.150 Residential Accessory Uses and Structures.
This section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel. Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas and workshops. Accessory structures must obtain development plan approval pursuant to Chapter 16.56 (Development Plan Permits) of this title if a new accessory structure or addition results in an increase of more than one thousand (1,000) square feet, unless otherwise identified in this Section. Accessory dwelling units (ADUs) are separately defined by state law from residential accessory uses and structures. Please see Section 16.44.160 (Accessory Dwelling Units) for definitions, criteria, and processing requirements.
A. General Requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.
1. Relationship of Accessory Use to the Main Use. Accessory uses and structures shall be incidental to and not alter the residential character of the site.
2. Attached Structures. An accessory structure that is attached to a main structure shall be architecturally compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure). It shall also comply with the requirements of this development code applicable to the main structure, including but not limited to setbacks, heights, and lot coverage, unless a minor variance is approved. For accessory structures that propose an ADU component, please refer to Section 16.44.160 and Government Code 65852.2 for criteria with respect to the ADU components of the structure.
3. Detached Structures:
a. Coverage. The floor area of a single detached accessory structure shall not exceed one thousand (1,000) square feet, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the required rear yard of the parcel. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area. b. Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property whenever feasible. For accessory structures that propose an ADU component, please refer to Section 16.44.160.F.2 for the exterior design criteria. c. Setback Requirements. Setbacks shall be as provided by Table 3-1416.44.150-1 (Required Setbacks—Accessory Uses and Structures). For accessory structures that propose an ADU component, please refer to Section 16.44.160.F.1 for the setback criteria with respect to the ADU component of the structure. d. Height. The maximum height of an accessory structure shall be in compliance with the height restriction for the zone, and shall not be greater than the height of the primary residence on the lot. An accessory structure proposing an ADU component shall be permitted to exceed the height of the primary residence for the portion of accessory structure containing and for accessing the ADU.
B. Antennas. Antennas are subject to the provisions of Section 16.44.170 (Telecommunications Facilities).
C. Garages. A detached accessory garage shall not be greater than one thousand (1,000) square feet or fifty (50) percent of the square footage of the main dwelling unit, whichever is less, or two thousand (2000) square feet or fifty (50) percent of the square footage of the main dwelling unit in rural residential zones, whichever is greater. Size deviation may be authorized pursuant to section 16.56.020 (A).
D. Greenhouses. An accessory greenhouse may occupy up to five hundred (500) square feet for each dwelling unit or ten percent of the parcel, whichever is less.
E. Guest Living Quarters. Guest living quarters, which are sometimes referred to as a Granny Flat or Guest House, can be attached or detached for temporary use by guests or family members of the primary residence. Guest living quarters do not include a kitchen or wet-bar and may occupy up to 500 square feet and include restroom facilities. Guest living quarters may not be rented.
F. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:
1. Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their guests; and
2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the building code.
3. Setbacks. Swimming pool/spa shall maintain the required setback which is measured from water edge to property line for in-ground pool/spa and from the outside edge of the structure to property line for above ground pool/spa, and other above- ground structures such as slides, pool grottos, waterfalls, etc.
G. Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following provisions:
1. Fencing: Shall be subject to the height limits of Chapter 16.22 (Fences, Hedges and Walls); and
2. Lighting. Court lighting shall not exceed a maximum height of twenty (20) feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 16.18.100 (Lighting).
H. Workshops and Studios. Accessory structures intended for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. are subject to the following standards when located in a residential zoning district:
1. Limitation on Use: An accessory structure may be constructed or used as a studio or workshop in any residential zoning district for the following noncommercial activities:
a. Amusements or hobbies;
b. Artistic endeavors (e.g., painting, photography or sculpture); c. Maintenance of the main structure or yards;
d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or e. Other similar purposes.
Use of an accessory workshop for commercial activity shall be subject to the standards for home occupations, in compliance with Chapter 16.60; and
2. Floor Area. A workshop shall not occupy an area larger than one thousand (1,000) square feet, except where a workshop is combined with a garage. In this case subsection C (Garages), above, shall apply.
I. Rooming and Boarding House. A rooming and boarding house (including sober living homes), as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards (Short-Term Vacation Rentals that are regulated separately fall outside of this criteria. See, Chapter 5.27 (Short-Term Vacation Rentals) of the Murrieta Municipal Code for further criteria on these uses):
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a rooming and boarding house or sober living home shall include the following information:
a. Any proposed restrictions or limitations on the resident profile, such as men only, women only, families with children, elderly or special needs; b. The number of rooms to be used for sleeping purposes, and the maximum number of residents including on-site management staff, if any; and c. Any proposed limitations on the maximum stay for each resident.
2. Site Location Criteria. In evaluating a proposed rooming and boarding house or sober living home the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses; b. Whether the use will result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result; c. The proximity of the use to shopping and services, and access to public transportation; and d. To avoid an over-concentration of rooming and boarding houses and sober living homes, there shall be a minimum separation requirement of five hundred (500) feet, measured from the nearest outside building walls, between the subject use and any other rooming and boarding home or other group housing as defined in this title or in state law.
3. Development Standards. Any rooming and boarding house or sober living home shall comply with the following:
a. Structures and landscaping shall be compatible with the character of the surrounding neighborhood; b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal); c. Both indoor and outdoor open areas shall be provided on site; d. All setback standards of the underlying zone shall be met; and e. Signs as permitted in Chapter 16.38.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
5. Existing Facilities. Upon the expiration of any conditional use permit, an existing rooming and boarding house or sober living home must comply with the requirements of this Section 16.44.150.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants or residents, or any modifications to the conditions of approval pursuant to the required conditional use permit, shall require the immediate submittal of a request for revision of the required conditional use permit.
J. Parolee-Probationer Home. A parolee-probationer home, as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards.
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a parolee-probationer home shall include the following information:
a. Client profile (the subgroup of the population the facility is intended to serve); b. Maximum number of occupants, including support staff; c. Proposed maximum stay for each parolee-probationer; d. A description of support services to be provided on-site and projected staffing level, if any; e. Site plan and floor plans; and
f. Rules of conduct and business management plan.
2. Site Location Criteria. In evaluating a proposed parolee-probationer home, the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses; b. Whether establishment of the facility will not result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result; c. Facility shall be located along or near a collector or arterial street with reasonable access to public transportation; d. Facility shall be accessible to necessary support services; e. To avoid an over-concentration of parolee-probationer homes, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other parolee-probationer home or other group housing as defined in this title or in state law; f. To avoid an over-concentration of group housing facilities, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other group housing as defined in this title or state law; and g. That parolee-probationer homes shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth (12th) grade), student housing, senior housing, child care facilities, public parks and trails, or businesses licensed for on- or off-site sales of alcoholic beverages, as measured from any point on the outside walls of the parolee-probationer home to the nearest property line of the noted use.
3. Development Standards. Any parolee-probationer home shall comply with the following:
a. Facility shall be compatible with the character of the surrounding neighborhood; b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal); c. Both indoor and outdoor open areas shall be provided on site; d. All setback standards of the underlying zone shall be met; e. Signs as permitted in Chapter 16.38;
f. On-site staff supervision shall be required for parolee-probationer homes during all hours of operation; g. Individual client stays at parolee-probationer homes shall not exceed one hundred eighty (180) days; and h. The facility’s management shall participate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the city and as required under the conditional use permit and, if the program offers certification, then that certification shall be obtained and maintained in current status.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
5. Existing Facilities.
a. Upon the expiration of any conditional use permit, an existing parolee-probationer home must comply with the requirements of this Section 16.44.150J. b. An existing parolee-probationer home established pursuant to any conditional use permit discontinued for any period of time, excluding a maximum thirty- (30-) day closure required to perform necessary repair or restoration which does not increase the square footage of the residence, is deemed abandoned and any subsequent establishment of a parolee-probationer home on the premises shall be required to first obtain a new conditional use permit.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants, residents or parolees- probationers, or modifications to the conditions of approval pursuant to the required conditional use permit shall require the immediate submittal of a request for revision of the required conditional use permit.
K. Cargo Containers As An Accessory Structure. The purpose of this section is to allow cargo containers to be placed on private property in a permanent manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate residential neighborhood and will not become a nuisance to the community.
1. Permanent use.
a. It shall be limited to one (1) cargo container for parcels between one (1) and two (2) acres. One (1) additional container may be proposed for parcels greater than two (2) acres. b. The permanent placement of a cargo container shall be limited to the Rural Residential (RR) and Estate Residential 1 (ER-1) zones that are greater than one (1) acre or more. c. The approval shall be specific to a location and shall not be transferable to other locations or property. d. It shall meet all requirements as set forth in the California Building and Fire Code(s). e. It shall be limited to a “storage occupancy” as categorized under the California Building and Fire Code(s). f. It shall be accessory to the primary use of the property for the storage of nonflammable, noncombustible, nonhazardous materials and supplies. g. The cargo container shall be modified in such a manner to match the main residential structure in terms of exterior colors, trim, and roofing style. On larger parcels, over two (2) acres or more, the modifications shall be limited to the paint color of the exterior in terms of matching the main residential structure. h. Structure setbacks shall be provided as noted in Table 3-1416.44.150-1. i. It shall comply with and height and lot coverage thresholds as defined within Rural Residential (RR) and the Estate Residential 1 (ER-1) zones. j. Landscape screening methods shall be provided on-site for the portions of the container visible from the public right-of-way to the satisfaction of the Planning Development Services Director or their designee. k. Existing cargo containers at existing residential properties can remain in place 18 months from the effective date of Ordinance___.
TABLE 3-1416.44.150-1
REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES
TABLE 3-14 REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Single-family Homes
Accessory Structure
Type of Setback1
Required Setback2
Garage, gazebo, greenhouse, patio cover, storage shed, workshop (more than one hundred twenty (120) square feet) Side and rear
Five feet; unless adjacent to a public street when the setback shall be ten feet Gazebo, greenhouse, patio cover, storage shed, (less than one hundred twenty (120) square feet)3 Sides and rear
Three feet to the furthest projection
Swimming pool, spa, fish pond, outdoor play equipment4
Sides and rear
Five feet
Stationary barbecue, fire pit, propane tank
Front,
sides and rear
Ten feet
Three feet for non-high-fire zone areas of the City. For high-fire zone areas, please contact the City prior to placement for the minimum distance required to comply with the California Fire Code Air conditioning equipment, pool and spa equipment, ground-based antennas Sides and rear
Four feet
Cargo Containers As An Accessory Structure76
Front,
Side, min. distance from another structure,
Rrear
Twenty-five feet
Ten feet,
Eight feet
Exterior staircases for balconies, pool slides
Front,
Side, min. distance from another structure,
Rear
Same as the main structure
Shall meet the minimum requirements as provided under the California Fire and Building Code(s) Decks exempted from a building permit
All sides
Shall meet the minimum requirements as provided under the California Fire and Building Code(s) Decks requiring a building permit (Over 18 inches in vertical height) All sides
Shall meet the minimum requirements as provided under the California Fire and Building Code(s) Multi-family Homes
Accessory Structure
Type of Setback1
Required Setback2
Garage, gazebo, greenhouse, patio cover, storage shed, workshop All sides
As required for main structureFive feet; unless adjacent to a public street where the setback shall be ten feet Gazebo, greenhouse, patio cover, storage shed, (less than one hundred twenty (120) square feet)3 All sides
Three feet to the furthest projection
Swimming pool, spa, fish pond, outdoor play equipment, waterslide4 FrontAll sides
Ten feet
Stationary barbecue, fire pit, propane tank
Sides and rear
Front
Sides and rear
Ten feet
Three feet for non-high-fire zone areas of the City. For high-fire zone areas, please contact the City prior to placement for the minimum distance required to comply with the California Fire Code Air conditioning equipment, pool and spa equipment, ground-based antennas6 Sides and rear
FourFive feet
Exterior staircases for balconies, pool slides
Front,
Side, min. distance from another structure,
Rear
Same as the main structure
Shall meet the minimum requirements as provided under the California Fire and Building Code(s) Decks exempted from a building permit
All sides
Shall meet the minimum requirements as provided under the California Fire and Building Code(s) Decks requiring a building permit (Over 18 inches in vertical height) All sides
Shall meet the minimum requirements as provided under the California Fire and Building Code(s) Notes:
(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director. (2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcelsetbacks as identified in Table 16.44.150-1. (3) Building permits are not required for accessory structures one hundred twenty (120) square feet or less in area and twelve (12) feet or less in height. However, if a structure is proposing plumbing, electrical, or mechanical components, a building permit is required. (4) Pools and/or spas may be allowed no closer than three (3) feet as determined by the director. A minor variance may be required if at the discretion of the director, it is determined that the reduced setback could cause adverse impacts to adjacent properties (see Section 16.72.020). (4)(5) Existing single family detached lots with lot widths less than required by the zone may utilize a reduced setback equal to ten percent (10%) of the lot width but in no case closer than three (3) feet. (5)(6) Small structures that are less than six (6) feet in height and do not extend above an adjoining solid fence or wall is exempt from setback requirements. (6)(7) Limited to Rural Residential (RR) and Estate Residential (ER-1) Zones with a minimum of a one (1) acre parcel area. (Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 561-20, Exhibit B (part), 2020; Ord. 544 §§ 13-16, 2019; Ord. 441-10, §§ 1, 2 (part), 2010; Ord. 430-10 § 6, 2010; Ord. 382 § 6, 2007; Ord. 343 § 2, 2005; Ord. 215 § 2 (part), 2000; Ord. 202 § 2, 1999; Ord. 182 § 2 (part), 1997)” Section 16.44.160 is hereby amended to read as follows:
16.44.160 Accessory Dwelling Units.
A. Purpose. This section provides standards for the establishment of accessory dwelling units. Pursuant to Government Code 65852.2 local governments have the authority to adopt regulations designed to promote accessory units. An accessory dwelling unit which conforms to the requirements of this Section 16.44.160 shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential unit, which is consistent with the General Plan and zoning classification for the lot.
B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions).
1. Accessory Dwelling Unit (ADU). Refer to Government Code Section 65852.2 66313 for definition.
2. Junior Accessory Dwelling Unit (JADU) shall have the same meaning as defined in Government Code Section 6631365852.2 and 65852.22.
3. Public Transit means, including but limited, a fixed-route service open to the public at large and includes transit stations, bus stations, and bus stops, as operated by the Riverside Transit Agency or another fixed route service as adopted by City Council resolution as it pertains to Chapter 16.44.160 of this title.
C. Standard of Review. ADU and JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this Section 16.44.160 are met, notwithstanding any other requirements of state law or this development code.
D. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Allowed. The number of accessory dwelling unit(s) and junior accessory dwelling unit on a parcel shall be allowed pursuant to State Law as applicable to single-family, multi-family, and mixed-zoned parcels:
1. At a residential parcel with an existing or proposed single-family dwelling: one ADU and one JADU shall be permitted. An ADU may be combined with a JADU unit within a single-family residence pursuant to the requirements of Government Code Section 6632365852.2.
2. At a parcel with an existing multi-family dwelling, two detached ADUs shall be permitted pursuant to Government Code Section 6632365852.2. Additionally, one ADU and 25 percent of the number of existing units within the multi-family building may be counted towards the conversion requirements of Government Code Section 6632365852.2.
E. Site Requirements. A parcel proposed for an accessory dwelling unit shall comply with all the following requirements:
1. The parcel shall allow for setbacks for an ADU or JADU consistent with Government Code Section 6632365852.2 and 65852.22.
2. Occupancy requirements of the ADU and JADU shall be consistent with the provisions of Government Code Section 6631565852.2. For a JADU, a covenant shall be recorded in the Riverside County clerk's office against the title declaring that the property owner must occupy either the primary residence or the JADU consistent with the provisions of Government Code Section 66333.
3. An ADU may only be sold in limited situations pursuant to Government Code Section(s) 66340 and 6634165852.26.
4. A covenant shall be recorded in the Riverside County clerk's office against the title of the parcel declaring that the ADU(s) and/or JADU shall not be used for short term rentals less than 30 days.
F. Design Standards. An ADU and JADU shall meet the following:
1. Size and Setback Restrictions:
a. A JADU shall be reflective of the setback and square footage provisions consistent with Government Code Section(s) 66313 and 6632365852.2 and 65852.22. b. An attached or detached ADU shall be reflective of the setback and square footage provisions consistent with Government Code Section 6632365852.2. c. If the ADU and/or JADU unit is proposed within the parameters of an existing or proposed single-family dwelling, any proposed expansion shall be consistent with the requirements of Government Code Section 6632365852.2. If the ADU is proposed within the parameters of an existing accessory structure, any proposed expansion shall be consistent with the requirements of Government Code Section 6632365852.2. ADU and JADU types are also required to meet fire and safety standards per Government Code Section 66323(a)(1)(C)65852.2(e)(1)(A)(iii).
2. Architecture and Standards:
a. At single-family locations the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the main dwelling unit; b. At multi-family locations, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit. c. Restroom and kitchen facilities for ADUs and JADUs shall be provided consistent Government Code Section(s) 6632365852.2 and 6633365852.22. d. Access for ADUs and JADUs shall be provided consistent Government Code Section(s) 6632365852.2 and 6633365852.22.
G. Parking. The ADU shall provide one off-street parking space in addition to that required for the main dwelling unit, in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards). No off-street parking is required for the ADU if it meets any of the following:
1. Is within a half mile walking distance from public transit. Refer to definition in Section 16.44.160.B.
2. Is within an architecturally and historically significant historic district.
3. Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.
4. Is located within one block of a car share area.
5. The ADU is a part of the proposed or existing primary residence or an accessory structure.
6. Is a JADU as defined under Government Code Section 65852.2165852.2 and 65852.22.
H. Review of Application. Review of the ADU and JADU shall be consistent with the following:
1. A permit application for an ADU or a JADU unit shall be considered and approved ministerially without discretionary review or a hearing.
2. The City shall act on an application to create an ADU or a JADU within 60 days from the date the local agency receives a completed application.
3. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60day 60-day time period shall be tolled for the period of the delay.
I. Conflicting Standards. If there is a conflicting applicability between the requirements of this section and requirements as described under State Law, State Law shall apply. (Ord. 556 § 16, 2020; Ord. 544 § 17, 2019; Ord. 537, Exhibit A (part), 2018; Ord. 482-13 § 2, 2013; Ord. 293 § 1 (part), 2004; Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997) Section 16.44.170 is hereby amended in part to subsection (A)(6) to read as follows:
“
…
6. Nonresidential Zoning District Standards. In nonresidential zoning districts, satellite dishes may be roof- or ground-mounted subject to the following standards. a. Development Plan Permit. A development plan permit in compliance with Chapter 16.56 (Development Plan Permits) shall be required for the construction and/or placement of a satellite dish in a commercial, innovation, or industrial zoning district. b. Ground-mounted. If ground-mounted, dishes shall not be located between a structure and an ad-joiningadjoining street and shall be screened from public view and neighboring parcels. c. Roof-mounted. If roof-mounted, dishes shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to the approval of the director. Screening materials shall be architecturally compatible with the rest of the structure. dc. Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet. This provision may be modified by the director if strict compliance would result in substandard reception. ed. Height and Location. The height and location of the satellite dish shall comply with the requirements of the applicable zoning district. The height provision may be modified by the director if strict compliance would result in substandard reception. fe. Setbacks. If the subject parcel abuts a residential zoning district, the dish shall be set back a mini-mum minimum distance from the lot line equal to the height of the antenna.” Section 16.44.180 is hereby amended to read as follows:
“16.44.180 Vehicle Dealerships.
A. Design Issues. Vehicle dealerships are establishments that specialize in the sale of one or more lines of new automobiles and/or used vehicles(including used vehicles) and in the servicing of that line or lines. Dealerships are regional in nature and can have a market radius well in excess of twenty (20) or thirty (30) miles.
The major portion of a vehicle dealership site is typically used for outdoor storage and display of vehicles and a relatively minor portion is used for structures and customer parking. By their nature, vehicle dealerships tend to be poor neighbors for residential uses and this relationship should be avoided, if possible.” B. Site Planning.
1. Showrooms shall be oriented toward major public streets.
2. Outdoor vehicle display areas shall occur only on permanent at-grade display areas or low-rise platforms (four feet maximum) that are architecturally compatible with the project. Rotating vehicle display platforms are not allowed.
3. Provisions shall be made onsite for the unloading of vehicles from carriers. Vehicle unloading on non-residential streets may occur in the right-of-way only if special turn-outs are provided.
4. Screened storage areas shall be provided for vehicles awaiting repairs.
5. Potentially noisy activities, (e.g., vehicle repair, cleaning, or testing) shall not be located near or oriented towards residential.
6. Customer parking shall be provided for the sales, service, and parts areas.
7. Sufficient space shall be provided for service drop-offs to prevent stacking of waiting vehicles onto a public street.
8. All non-vehicle storage areas shall be screened from view from the public street and any adjacent residential area. No storage, except vehicle storage, shall occur that is visible from a public street.
C. Building Design.
1. Buildings shall be stylistically consistent on all sides, carefully detailed. and architecturally related to each other.
2. Service uses shall be wholly contained within a building of solid (e.g. masonry) construction. All vehicle access to the individual service bays shall be from within the building itself with no more than two or three exterior doors to provide access to the building. The access points to the service building shall not be visible from or face toward a public street or any adjacent residential uses.
3. Walls and fences shall be architecturally compatible with the buildings.
D. Special Requirements.
1. All outdoor lighting shall be consistent with the Mount Palomar dark sky provisions regarding lighting see Section 16.18.110 (Mount Palomar Lighting Standard).
2. Public address systems, shall not be used in outdoor areas. Beepers and/or personal pagers can be used if necessary to contact employees outdoors.
3. Wash racks shall be located so that they are not visible or audible from a public street or residential area. Wash areas shall be designed to comply with city requirements for stormwater/urban runoff management and discharge controls.
4. All non-vehicle storage areas shall be screened from public view from adjoining properties and from the public right-of-way rights-ofway by appropriately designed walls and landscaping.
5. Compressors and similar equipment shall be located in the interior of the site to minimize impacts on adjacent properties.
6. Because landscaping along display perimeters is typically minimal and low level, other landscaped areas shall be designed to compensate for the absence of vertical landscape elements. Building perimeters shall be heavily landscaped and parking lots shall contain significantly more landscaping than is required for retail commercial parking lots.
7. All new dealerships whose sales consist primarily of new vehicles shall submit a comprehensive sign program application consistent with § 16.38.060. If no sign program is approved, the dealership will be subject to the sign standards of the zone. (Ord. 182 § 2 (part), 1997; Ord. 524 Exhibit B, 2017)”
Section 16.44.230 is hereby amended to read as follows:
“16.44.230 Wedding/Event Facilities in the RR and ER Districts.
A. Purpose and Intent. It is the purpose and intent of this section to allow a homeowner with a property of four and one-half (4.5) five (5) acres or greater to utilize their residence for occasional weddings or events within the RR and ER districts. Implementation of the regulations and standards within this section will ensure that wedding/event facilities in the RR and ER districts will be conducted in an orderly manner that will not result in a change to the residential character of the surrounding community.
The standards contained below will be placed on properties authorized to hold wedding/events within the RR and ER Districts, based on the parcel size and proximity to existing improvements.
B. Wedding/Event Facilities - General. Wedding/event facilities may be allowed on properties of four and one-half (4.5) five (5) acres or greater in the RR and ER districts subject to the approval of a minor conditional use permit pursuant to Chapter 16.52 (Conditional Use Permit), in compliance with, but not limited to, the following standards:
1. Parking. Adequate on-site parking facilities, pedestrian and vehicular circulation, and vehicular ingress and egress, shall be provided in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards) and Section 16.44.230.C .
2. Number of Days/Hours of Operation. The director shall impose reasonable restriction on the number of events that can occur during a week, on which days of the week these can occur and the hours of operation. Specific criteria are contained in Section 16.44.230.C.
3. Sanitary Facilities. The director shall determine the appropriate quantity and location for any for sanitary facilities. All facilities shall be located on-site, and shall comply with accessibility requirements and the requirements of the Riverside County Health Department. Additional criteria are contained in Section 16.44.230.C.
4. Security. Provision for security and safety measures shall be provided, if applicable. Recent contact information shall be maintained on file with the city at all times.
5. Signs. One externally illuminated monument sign shall be permitted and shall be located at access points to the parcel, subject to the following criteria:
a. Signs are allowed only for frontages adjoining a public street; b. Monument signs shall not be located closer than five feet from a property line; c. The maximum sign area shall be twenty (20) square feet per side and not exceed four (4) feet in height; d. Signs shall be constructed of natural materials;
e. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign; f. The monument sign shall not be illuminated after 10:00 p.m. on evenings when there are no events and shall be turned off at the conclusion of events; g. Monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet in area. Numbers shall be a minimum of six inches in height. Address plates shall not be calculated against the allowed sign area; h. Illumination shall be down lit and shall not be allowed to spill over into, or provide glare, to adjacent properties or rights-of-way; i. On-site directional signage shall be no larger than twelve (12) square feet in area and its design shall be complimentary to the monument sign.
6. Solid Waste Collection and Disposal. The facility shall include provisions for solid waste, recycling and/or disposal with specific criteria contained in Section 16.44.230.C.
7. Other Conditions. The director shall require any other conditions which will ensure the operation of the facility in an orderly and efficient manner and in full compliance with the purpose/intent of this section.
C. Site SpecificSite-Specific Development Performance Standards.
1. Days and Hours of Operation. The site may be used for a maximum of two events per week, unless otherwise modified by the permit approval. No more than two events may occur on sequential dates. All events shall begin after 10:00 a.m. and shall be completed by 12:00 a.m.
2. Noise Levels and Monitoring. Noise levels generated from events shall be subject to the following criteria:
a. All noise generated by the event use shall conform to the thresholds established for Zone II of Table 3-6, Exterior Noise Standards of section 16.30.090 (Exterior Noise Standards), and shall be subject to the provisions contained therein; b. Noise levels for events shall not exceed the city's noise standards, either during set up or as part of the event; c. The applicant shall monitor and ensure that the noise levels shall not exceed City of Murrieta noise standards; d. Any noise generating activities shall be terminated at 10:00 p.m.
3. Ancillary Structures.
a. If an ancillary structure is provided as part of the project approval, ancillary structures shall be permanent construction, shall be fully enclosed, or enclosable on four sides, and shall have a roof. Ancillary structures shall be complimentary in terms of size, scale, and materials used on the primary structure on the site; b. Ancillary structures shall be subject to the setbacks for accessory structures in contained in Table 16.08-1, (Residential Zones General Development Standards Requirements by Individual Zoning District) of section 16.08.020 (Residential Districts General Development Standards) with the exception that structures cannot exceed forty (40) feet in height, and be no larger than 7,500 square feet in size.
4. On-site Parking Requirements.
a. All on-site parking areas do not need to be paved; however, they must be stabilized in order to minimize any off-site dust impacts and for compliance with water quality control purposes; b. Adequate parking must be provided based on maximum occupancy of site. Occupancy will be determined based on the seating capacity of the special event; c. If buses or limousines are proposed for off-site transport, adequate drop off and pick up locations must be provided on site.
5. Location Requirements. Any parcel where a facility is proposed shall have access to a paved and maintained public street.
6. Solid Waste Collection and Disposal. On-site waste collection shall be located onsite as to not create any off-site noise, odors or nuisances. Solid waste shall be removed from the site within forty-eight (48) hours of any event.
7. Sanitary Facilities. Any potable sanitary facilities shall not be located any closer than twenty-five (25) feet from an adjacent property with a residential use. Sanitary waste shall be removed from the site within 48 hours of any event, or determined through the minor conditional use permit.” Section 16.44.250 of the Murrieta Municipal Code is hereby amended to read as follows:
“..
ii. A Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) shall not be located within 500 feet of a sensitive uses. or any other medicinal cannabis delivery business location. Distance specified in this subsection shall be measured by the horizontal distance measured in a straight line from the property lines of where the delivery-only medicinal cannabis operator is to be located to the property line of the potential sensitive use. For business condominiums, this measurement would be taken from outer boundaries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:
A. Residential zones or private residences.
B. Public or private schools.
C. Daycare centers.
D. Churches.
E. Public parks.
F. Youth activity centers.
G. Large medical centers.
HG. Any other medicinal cannabis delivery service business.” Section 16.46.040 is hereby deleted in its entirety:
“16.46.040 Planning Commission.
D. Report of commission actions to city council. All actions taken by the planning commission shall be reported to the city council as follows:
1. All actions taken by the planning commission shall be reported by the planning officer to the city clerk, and shall be placed on the next agenda of the city council after receipt of the report by the city clerk; and
2. When an action taken by the planning commission is placed on the city council agenda, the city council may elect to consider the matter and/or schedule the matter for a hearing or public hearing before the city council; and
3. An action of the planning commission shall be considered final after the city council has heard and decided the matter or elected not to hear and not to further consider the matter and upon the expiration of all rights to appeal the planning commission action pursuant to Chapter 16.78 or other applicable provision of this code.” Section 16.52.060 is hereby amended to read as follows:
“16.52.060 Post Approval Procedures.
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a conditional use permit:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals)accordance with Chapter 2.28 of this Code.
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved conditional use permit shall expire three years from the date of approval, unless a permit has been issued or construction of the project is substantially completed before its expiration, in compliance with Chapter 16.80 (Permit Implementation, Time Limits, and Extensions). Time extensions may be granted in compliance with Section 16.80.060 (Time Extension), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the conditional use permit. If the use granted by the conditional use permit has not been exercised before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved conditional use permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved conditional use permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved conditional use permit.
F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a conditional use permit holder, the director may issue an order suspending the conditional use permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit holder by first-class U.S. mail and by posting the subject property.
2. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operations by a conditional use permit holder, the director shall notify the permit holder and specify how the violation(s) can be remedied and the time frame within which the violations must be corrected. If the permit holder has not remedied the violation(s) in the required time frame, the director may schedule a public hearing to consider the revocation of a conditional use permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the conditional use permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals)accordance with Chapter 2.28 of this Code.
G. Run With the Land. The conditional use permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of owner-ship of the land or any lawfully existing structure on the land.
H. Expiration of Permit. A conditional use permit shall be considered to have expired if the use for which the permit was granted ceased or was suspended for at least one hundred eighty (180) successive days.” Section 16.56.060 is hereby amended to read as follows:
“16.56.060 Post Approval Procedures.
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a development plan permit:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).accordance with Chapter 2.28 of this Code.
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved development plan permit shall expire three years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been substantially constructed or a building permit issued before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the development plan permit. If the use granted by the development plan permit has not been substantially constructed or a building permit issued before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved development plan permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved development plan permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved development plan permit.
F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement officer of a violation of this chapter or the conditions of operations by a development plan permit holder, the director may issue an order suspending the development plan permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit holder by first-class U.S. mail and by posting the subject property.
2. Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made, the director shall schedule a public hearing to consider the revocation of a development plan permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation, and to all ad-joining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the development plan permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals)accordance with Chapter 2.28 of this Code.
G. Run With the Land. The development plan permit that is valid and in effect, and was granted in compliance with the provisions of this chapter, shall run with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land.” Section 16.60.050 is hereby amended to read as follows:
“16.60.050 Home Occupations and Cottage Food Operations.
Home occupations, including in-home offices, shall be allowed on property used for residential purposes, subject to the following conditions:
A. The use of the dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants. The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit or property involved.
B. There shall be no exterior evidence of the conduct of a home occupation, including outdoor display of equipment, materials, or supplies related directly or indirectly to the home occupation activity. A home occupation shall be conducted entirely within a dwelling, or an attached garage with the exception of tutoring in sports as defined in 16.60.050.L.2.
C. The residents of the dwelling unit, and no more than one non-resident employee, may be engaged in the home occupation.
D. There shall be no signs, banners or flags identifying or advertising the home occupation. This shall also include any associated vehicular-mounted signs.
E. The home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located.
F. The required residential off-street parking shall be maintained.
G. Limited indoor storage of goods or supplies (125 cubic feet maximum) may take place within no more than one room of the dwelling and/or in the attached garage (provided required parking on-site is maintained and properly located).
H. There shall be no separate entrance or exit way specifically provided in the dwelling or on the premises for the conduct of the home occupation, unless required by local or state law; I. There shall be no process, procedure, substance, or chemical used which is hazardous to public convenience, health, safety, or general welfare or that changes the fire safety or occupancy classifications of the residence.
J. Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. Home occupation activities shall not produce dust, glare, noxious matter, or vibrations beyond the subject property lines.
K. Maximum number of customers and vendors.
1. Home occupations may have a maximum of one customer or vendor on the premises at any one time, between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Home occupations shall not host customers or vendors on the premises more frequently than one customer or vendor within a 2-hour time period.
2. Home occupations involving tutoring students in music, academics, dance swimming or tennis at a residence may have a maximum of six non-resident students at any one time, and no more than 18 non-resident students during any one day. Sports related tutoring may be conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday.
L. Notwithstanding the provisions above, the following uses are prohibited:
1. Automotive repair or other vehicle repair, body or mechanical;
2. Welding or Machining;
3. Medical Clinics or Labs;
4. Animal Hospitals, Kennels and grooming facilities1; and
5. Uses that require explosives or highly combustible or toxic materials.
M. The home occupation use shall not have utility services modifications, other than those required for normal residential use that would be classed as commercial or industrial in load or design.
N. Cottage Foods Operation.
1. Cottage Foods Operations shall be permitted as defined by Health and Safety Code Section 113758, conducted only within a dwelling that contains the dwelling's kitchen and shall not be allowed in a garage or other accessory building.
2. There shall be no on-premise sale of goods except as allowed for a Cottage Food Operation by Health and Safety Code Section 114365 and with a valid County of Riverside Cottage Food permit from Department of Environmental Health. Occasional transport of goods from the premises for off-site sale may occur. Internet sales are not considered on-premise sale of goods.
O. No person shall commence or carry on a home occupation/cottage food operation without first having received approval of a city business license.
P. Home occupations shall comply with all noise, lighting, nuisance, health/safety, and other applicable city and state regulations. 1 Animal sitting or grooming facilities may be permitted when conducted entirely indoors; the total number of animals present at any given time shall not exceed that allowed in Section 16.44.040. Grooming services shall be limited to one customer on the premises at any one time, between 7:00 a.m. and 7:00 p.m., Monday through Saturday with no more than one customer within a 2-hour time period.” Section 16.60.100 is hereby amended to read as follows:
“16.60.100 Post Approval Procedures.
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation. Time Limits, and Extensions), shall apply following the approval of a home occupation permit:
A. Appeals. The decision of the director shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).accordance with Chapter 2.28 of this Code.
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code each approved home occupation permit shall expire three years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the home occupation permit.
If the use granted by the home occupation permit has not been exercised before its expiration, and a time ex-tension is not granted, the provisions of Chapter 16.80 (Permit implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved home occupation permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved home occupation permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved home occupation permit.
F. Suspension/Revocation.
1. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions operations by a home occupation permit holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a home occupation permit to be held by the commission, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation, and to all adjoining residents and property owners.
2. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the home occupation permit, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).accordance with Chapter 2.28 of this Code.” Section 16.68.070 is hereby amended to read as follows:
“16.68.070 Post Approval Procedures.
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation. Time Limits, and Extensions), shall apply following the approval of a surface mining permit:
A. Appeals. The decision of the commission shall be considered final unless an appeal is filed in compliance with Chapter 16.78 (Appeals).accordance with Chapter 2.28 of this Code.
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved surface mining permit shall expire two years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the surface mining permit.
If the use granted by the surface mining permit has not been exercised before its expiration, and a time ex-tension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved surface mining permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved surface mining permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved surface mining permit.
F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a surface mining permit-holder, the director may issue an or-derorder suspending the surface mining permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit-holder by first-class U.S. mail and by posting the subject property.
2. Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made. the director shall schedule a public hearing to consider the revocation of a surface mining permit to be held by the commission within forty-five (45) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit-holder, any party complaining of the violation, and to all ad-joining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the surface mining permit, in compliance with Chapter 16.68, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in compliance with Chapter 16.78 (Appeals).accordance with Chapter 2.28 of this Code.” Section 16.70.070 is hereby amended to read as follows:
“16.70.070 Post Approval Procedures.
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits and Extensions), shall apply following the approval of a temporary use permit:
A. Appeals. The decision of the director shall be considered final unless an appeal is filed in accordance with Chapter 2.28 of this Code. compliance with Chapter 16.78 (Appeals).
B. Expiration/Extension. To ensure continued compliance with the provisions of this development code, each approved temporary use permit shall expire two years from the date of approval, unless otherwise specified in the permit, if the use granted by the permit has not been exercised before its expiration, in compliance with Section 16.80.040 (Permit Implementation). Time extensions may be granted in compliance with Section 16.80.060 (Time Extensions), if a written request is submitted by the applicant, and received by the department, prior to the expiration of the temporary use permit.
If the use granted by the temporary use permit has not been exercised before its expiration, and a time extension is not granted, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Extensions) shall deem the permit void.
C. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved temporary use permit have been satisfied.
D. Changes. Minor changes to required conditions of an approved temporary use permit may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
E. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved temporary use permit.
F. Suspension/Revocation.
1. Issuance of Order. Upon a showing of probable cause by code enforcement staff of a violation of this chapter or the conditions of operations by a temporary use permit-holder, the director may issue an order suspending the temporary use permit pending a hearing before the commission. The director shall cause notice of the suspension order to be served on the permit-holder by first-class U.S. mail and by posting the subject property.
2. Public Hearing. Whenever the director has issued a suspension order, or whenever the director suspects a violation but the requisite showing has not been made, the director shall schedule a public hearing to consider the revocation of a temporary use permit to be held by the commission within thirty (30) days of the notice, in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit-holder, any party complaining of the violation, and to all adjoining residents and property owners.
3. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the temporary use permit, in compliance with Chapter 16.70, or order the termination of the suspension or revocation and order the reinstatement of the permit. The decision of the commission may be appealed to the council, in accordance with Chapter 2.28 of this Code. compliance with Chapter 16.78 (Appeals).” Section 16.72.060 is hereby amended to read as follows:
“16.72.060 Post Approval Procedures.
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a variance application:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in accordance with Chapter 2.28 of this Code. compliance with Chapter 16.78 (Appeals).
B. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved variance have been satisfied.
C. Changes. Minor changes to required conditions of an approved variance may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
D. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved variance.
E. Suspension/Revocation.
1. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operation by a variance holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a variance permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
2. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the variance, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the variance. The decision of the commission may be appealed to the council, in accordance with Chapter 2.28 of this Code. compliance with Chapter 16.78 (Appeals).” Section 16.73.060 is hereby amended to read as follows:
“16.73.060 Post Approval Procedures.
The following procedures, in addition to those identified in Chapter 16.80 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a reasonable accommodation application:
A. Appeals. The decision of the review authority shall be considered final unless an appeal is filed in accordance with Chapter 2.28 of this Code. compliance with Chapter 16.78 (Appeals).
B. Issuance of a Zoning Clearance. A zoning clearance may be issued once all applicable terms and conditions of the approved reasonable accommodation reasonable accommodation have been satisfied.
C. Changes. Minor changes to required conditions of an approved reasonable accommodation may be approved in compliance with Section 16.80.070 (Changes to an Approved Project).
D. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed as part of the approved reasonable accommodation.
E. Suspension/Revocation.
1. Notice of Violation/Public Hearing. Whenever the director suspects a violation of the conditions of operation by a reasonable accommodation holder, the director shall notify the permit holder and specify how the violation(s) can be remedied. If the permit holder has not remedied the violation(s) in a reasonable time, the director may schedule a public hearing to consider the revocation of a reasonable accommodation permit to be held by the commission in compliance with Chapter 16.82 (Revocations and Modifications). Notice of the hearing shall be mailed to the permit holder, any party complaining of the violation and to all adjoining residents and property owners.
2. Commission's Action. At the conclusions of the hearing, the commission may revoke or modify the reasonable accommodation, in compliance with Chapter 16.82, or order the termination of the suspension or revocation and order the reinstatement of the reasonable accommodation. The decision of the commission may be appealed to the council, in accordance with Chapter 2.28 of this Code. compliance with Chapter 16.78 (Appeals).” Section 16.78.010 is hereby amended to read as follows:
“16.78.010 Purpose.
The purpose of this chapter is to provide procedures for filing of appeals of the decisions, determinations or actions by the department staff or director, or the decisions, determinations or actions of the planning commission.”
16.78.0120 Appeal of Action.
Decisions, determinations and actions (hereinafter referred to as "actions") by the director and the planning commission that may be appealed in accordance with Chapter 2.28 of this Code, and the authority to act on an appeal shall be as follows:
A. Appeal of Director Decisions.
1. Notwithstanding other provisions of this code, any person may appeal those actions rendered by the director for which the applicable code section expressly provides for the right to appeal as shown in Table 4-316.78.10-1.
2. Except for impact fee reductions, appeals of the director's actions shall be heard by the planning commission, unless otherwise stated.
3. An individual city councilmember or planning commissioner may appeal any action rendered by the director pursuant to the procedures set forth in this chapter.
4. An individual city councilmember or planning commissioner may file up to three (3) appeals total in a year with no fee required. For this purpose, a year is defined as beginning on December 1 and ending on November 30. Additional appeals by an individual city councilmember or planning commissioner shall be accompanied by the applicable fee.
TABLE 4-316.78.10-1
DIRECTOR ACTIONS SUBJECT TO APPEAL
ACTION TYPE
APPEAL REFERENCE CODE SECTION
Code Interpretations
16.04.030C
Development Plan Permits (administrative) and (Director's Review and Processing)
16.56.025A and B
Home Occupation Permits
16.60.100A
Impact Fee Reduction
16.36.050B
Minor Conditional Use Permits
16.52.020
Minor Variances
16.72.020
Residential Tentative Parcel Maps
16.94.070A
Revised Permits
16.80.070D2
Temporary Use Permits
16.70.020
Time Extensions
16.42.110A
B. Appeal of Planning Commission Decisions.
1. Any person may appeal any final action rendered by the planning commission to the city council, pursuant to the procedure set forth in this Cchapter 2.28 of this Code.
2. An individual city councilmember may appeal any action rendered by the planning commission pursuant to the procedure set forth in this chapter.
3. An individual city councilmember may file up to three (3) appeals total in a year with no fee required. For this purpose, a year is defined as beginning on December 1 and ending on November 30. Additional appeals by an individual city councilmember shall be accompanied by the applicable fee.
C. Appeal of Environmental Decision. Any person, in connection with any entitlement, permit or administrative decision authorized under the development code (Title 16), may appeal to the city council, pursuant to the procedures and requirements set forth in this Cchapter 2.28 of this Code, the determination of a non-elected, decision-making body of the city to certify an environmental impact report, approve a negative declaration or mitigated negative declaration, or determination that a project is not subject to Public Resources Code section 21080 et seq. (California Environmental Quality Act) if the project is not otherwise subject to further administrative review.” Sections 16.78.020 through 16.78.090 are hereby repealed in their entirety.
16.78.030 Filing Appeals - Time Limit and Contents.
A. Appeals to the Planning Commission. An appeal of an action of the director shall be filed with the secretary of the commission within ten (10) days following the date of the action for which an appeal is made.
B. Appeals to the Council. An appeal of a planning commission action or an appealable environmental determination pursuant to Section 16.78.020C (Appeal of Environmental Determination) shall be filed in the office of the city clerk within ten (10) days following the date of the action for which an appeal is made.
C. Next Business Day. If the last day to file an appeal falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the appeal.
D. Form and Content. All appeals shall be in writing on a form obtained from the secretary of the commission (for appeals to the planning commission) or city clerk (for appeals to the council). The appellant shall state the specific reasons for the basis of the appeal in writing on the appeal form. Appeal applications shall include the required fee, in compliance with the city council's fee resolution, and mailing labels for property owners based on the original list used for the action for which the appeal is made. The mailing labels shall be supplied by the appellant.
E. Filing Fee. Except in those instances where an appeal is filed by the city manager or other public official in pursuance of official duties, or by a planning commissioner or city councilmember pursuant to Section 16.78.020A3 or Section 16.78.020B3, the written notice of appeal from the action of an administrative official or from an administrative body of the city, as the case may be, shall be accompanied by a fee as may be required by other enactment of the city council.
F. Incomplete Submittal. In the event any notice of appeal fails to include any information required by this section, the city clerk or secretary of the commission shall return the same to the appellant within ten (10) days with a statement of the respects in which it is deficient. The appellant shall thereafter be allowed five (5) working days in which to perfect and re-file the notice of appeal. If the notice of appeal is not re-filed with the city within the five (5) working days following its return by the city clerk or secretary of the commission, the appeal shall be considered late and shall not be accepted.
16.78.040 Meet and Confer Requirements.
Before an appeal is heard by the city council or planning commission, the director shall provide an opportunity through a meet and confer process to discuss the issues on appeal and determine whether a common solution to the appeal exists. Where an appeal has been filed by anyone other than the project applicant, meet and confer shall include the appellant and the project applicant together with appropriate department staff. Where an appeal has been filed by a project applicant, appropriate department staff shall meet and confer with the project applicant. However, under no circumstances may compliance with this section delay consideration of an appeal inconsistent with any applicable state or federal law.
16.78.050 Appeal Hearing Notice - Continuances.
Public notice of an appeal shall be given in the same manner in which the original notice was given. A hearing date shall be set within thirty (30) days of a complete filing of the appeal form, required fee(s), and necessary materials pursuant to Section 16.78.030D (Form and Content). If, after an appeal has been noticed for a hearing, in the opinion of the director, and with the concurrence of the appellant and the project applicant, good cause exists to defer a decision on an appeal to a later date, such a continuance may be approved by the director. In such case, the meeting agenda for the date noticed for the hearing shall indicate the new hearing date and that the item has been continued pursuant to this section. In no case shall the initial continuance by the director be for greater than thirty (30) days from the original appeal hearing date. A second continuance may be given until the next regularly scheduled meeting. However, no continuance under this section may be granted which is inconsistent with any applicable state or federal law.
16.78.060 Submission of Materials.
All substantive, evidentiary, and technical materials, including, but not limited to: geologic/seismic reports, traffic studies, noise studies, biological studies, and any other scientific studies; any visual simulations; and any comparative analytical or statistical report submitted by any interested party to be considered by the city council or planning commission, shall be submitted to the director no later than nine (9) days prior to the scheduled date for consideration by the city council, and no later than nine (9) days prior to the scheduled date for consideration by the planning commission.
Materials submitted after the required number of days prior to the scheduled date for consideration shall be considered in the sole discretion of the planning commission or city council upon a showing of good cause, such as materials which were unavailable at the above deadline. Materials which may be submitted at the time of the hearing include petitions, group or individual letters, photographs, renderings, and presentational aids.
16.78.070 Withdrawal of Appeals.
Any appeal filed pursuant to Section 16.78.020 (Appeal of Action) may be withdrawn by an appellant by filing such withdrawal in writing at least seventy-two (72) hours before the matter is noticed to be heard. In such case, and if no other appeal of the same matter has been filed and not withdrawn, the matter will be removed from consideration and the prior decision shall become final.
16.78.080 Appeal Hearing and Decision.
A. Appeal of Director Actions and Planning Commission Actions. In hearing an appeal, the appeal body may take any of the following actions:
1. Affirm or deny on the basis of the issues appealed or continue the public hearing to a date and time certain.
2. Set the matter for a new hearing at which time it may affirm, affirm in part, or reverse or otherwise modify the previous determination that is the subject of appeal.
3. A decision by an appeal body to continue a public hearing pursuant to Section 16.78.080.A.1. or to set a matter for a new hearing pursuant to Section 16.78.080A.2. may not be appealed. A majority vote of the appeal body is required to grant any appeal of a lower decision making body.
B. Appeal of an Environmental Determination. The hearing date shall be set within thirty (30) days of the submittal of complete appeal materials pursuant to Section 16.78.030D (Form and Content), and the hearing date shall be no later than the second regular meeting of city council subsequent thereto. A majority vote of the city council is required to certify the environmental document or uphold the environmental determination.
16.78.090 Effective Date of Appealed Actions.
An action of the director, appealed to the planning commission shall not become final until upheld by the planning commission, unless it is withdrawn pursuant to Section 16.78.070 (Withdrawal of Appeals). An action of the planning commission or an environmental determination appealed to the city council shall not become final unless and until upheld by the city council, unless it is withdrawn under Section 16.78.070 (Withdrawal of Appeals). The city council's decision shall be final. Any appealed action that is withdrawn under Section 16.78.070 (Withdrawal of Appeals) shall be considered final and effective on the date the city receives the written withdrawal of the final appeal related to it.” Section 16.90.020 is hereby amended to read as follows:
“16.90.020 Final Review Authority.
A. City Engineer. The city engineer shall have final authority in the approval, conditional approval or disapproval of certificates of compliance, lot line adjustments, final map approvals, and parcel mergers.
B. Commission. The commission shall have final authority in the approval, conditional approval or disapproval of reversions to acreage, tentative parcel maps, tentative tract maps, and vesting tentative maps.
C. Council. The commission shall act as the appeal body for director and city engineer decisions unless a different review authority is established by the city council, while the council shall act as the appeal body for hearing appeals pertaining to all commission decisions, in compliance with Chapter 16.78 (Appeals).” Section 16.90.040 is hereby amended to read as follows:
“16.90.040 City Engineer.
The city engineer shall be responsible for the following:
A. Final and Parcel Maps. The processing and recommendation to the council on all matters pertaining to of final and parcel maps; B. Subdivision Improvements. Determining if proposed subdivision improvements comply with the provisions of this article, the subdivision map act and city adopted improvement standards; C. Construction Details. Establishing design and construction details, improvement standards and specifications; D. Application Processing. Processing of certificates of compliance, lot line adjustments, mergers/unmergers, and correction and amendment of maps; E. Inspection and Approval. The inspection and approval of subdivision improvements; F. Collection of Fees. Collection of applicable engineering/plan check fees, deposits, establishment of security amounts, improvement bonds, and other financial provisions; G. Acceptance by the City. Acceptance by the city of lands proposed for dedication to the city by means other than final map; H. Improvement Agreements. Execution of improvement agreements on behalf of the city in conformance withupon approval of tentative subdivision maps approved by the council; and I. Time Extensions. Approval of time extensions for installation of improvements required by subdivision agreements.” Section 16.94.140 is hereby amended to read as follows:
“16.94.140 Director Determination.
A. Authority to Approve or Deny a Residential Tentative Parcel Map.
1. The Planning Commission shall retain the authority to approve, conditionally approve or disapprove a Residential Tentative Parcel Map application if an application is referred for their review or if a public hearing as described under Section 16.94.140.C (Director's Decision on Residential Tentative Parcel Maps) is requested.
2. The director shall have the authority to approve, conditionally approve or disapprove all other applications for a Residential Tentative Parcel Map, and for these applications, the City Council assigns its responsibilities under Government Code Sections 66473.5, 66474, 66474.1 66474.6, 66474.7 to the Director.
3. The director shall serve as the environmental review officer and shall make decisions for implementing Residential Tentative Parcel Maps in compliance with CEQA unless the map is referred to the Planning Commission for further consideration, pursuant to Section 16.01.040 (Relationship to California Environmental Quality Act). Preliminary noticing shall be provided pursuant to CEQA requirements. If the Residential Tentative Parcel Map application is referred to the Planning Commission for further consideration, the commission would be designated as the environmental review decision body for CEQA.
4. For Residential Tentative Parcel Maps that may have special community impacts or other unique circumstances, the director may refer the application to the commission for decision. Noticing for would be provided pursuant to Chapter 16.76 (Public Hearings).
B. Review.
1. The director shall review each Residential Tentative Parcel Map application filed pursuant to this chapter. If applicable, the director shall prepare a written report for the commission describing the proposed use for which the commission makes the decision and extent of "improvements," as that term is defined in Government Code section 66419, in which the subdivider will be required to install or that will be required to serve the land to be subdivided.
2. The director shall transmit copies of the map with accompanying information and request a written recommendation on the application to the entities as described under Section 16.94.50.C. (Notice to Public Agencies) These entities shall make a recommendation to approve, conditionally approve, or disapprove Residential Tentative Parcel Maps within the Director's authority in pursuant to the procedures specified in Section 16.094.140.C. (Director's Decision on Residential Tentative Parcel Maps) Section 16.094.140.D (Disapproval of Tentative Residential Parcel Maps) Section 16.094.140.F (Payment of Fees) Section 16.094.140.G (Conditions & Post Approval).
C. Director's Decision on Residential Tentative Parcel Maps.
1. Notice of Intent to Approve or Deny. For a Residential Tentative Parcel Map application within the director's approval authority, the director shall provide notice that identifies that a decision will be made to approve, conditionally approve or disapprove the Residential Tentative Parcel Map by the director, and the corresponding CEQA determination, pursuant to the following requirements:
a. The notice shall provide that any person notified may submit written comments on the application no later than 10 days after the date of the notice. b. The notice shall specify that an individual can request a public hearing at the Planning Commission no later than 10 days after the date of the notice. c. The applicant, and or subdivider, can request a public hearing at the Planning Commission for review of the decision, or if the decision is for denial, no later than 10 days after the date of the notice. d. The director shall provide this notice pursuant Chapter 16.76.020 (Notice of Public Hearing) through 16.76.040 (Evidence of Notice). Please Note: The public hearing component of the referred sections would not apply with a Notice of Intent to Approve or Deny. e. This notice shall also be provided to appropriate City Departments. f. If the last day to file a request for a public hearing falls on a legal holiday recognized by the city or on a Saturday or Sunday, the following business day shall be deemed the last day to file the request.
2. Notice of Public Hearing. If the director receives a timely filed written request for a public hearing or review of the director's decision, the director shall schedule a public hearing with the Planning Commission and shall provide public notice pursuant to Chapter 16.76 (Public Hearings), notify the applicant and/or subdivider, any interested parties, and appropriate City departments and agencies of the date, time and location of the hearing.
3. Approval. If the director's decision is to approve the Residential Tentative Parcel Map, the director shall include the appropriate findings and conditions as described within Section 16.94.140.G (Conditions and Post Approval), the City's Municipal Code and State law to the applicant and/or subdivider.
3. Denial. If the director's decision is to disapprove the Residential Tentative Parcel Map, the decision shall include the reason for the disapproval. Refer to Section 16.94.140.D (Disapproval of Tentative Residential Parcel Maps) for the specific criteria. Furthermore, the applicant can request a public hearing at the Planning Commission for review of the decision.
4. Notice of Decision. In the event no person makes a written request for review within the time prescribed in 16.94.140.C.1 (Notice of Intent to Approve or Deny), or files an appeal as prescribed under 16.94.140.C.5 (Tentative Map and CEQA Appeal), after the decision date, the decision shall become final. The director shall provide a final notice of approval or disapproval with the corresponding CEQA determination to the applicant, any interested parties, and appropriate City departments.
5. Tentative Map and CEQA Appeal. Residential Tentative Parcels Maps as reviewed by the director or by the Planning Commission shall be subject to appeal provisions as described within Section 16.78 (Appeals)in accordance with Chapter 2.28 of this Code.
D. Disapproval of Residential Tentative Parcel Maps.
1. The Director shall disapprove a Residential Tentative Parcel Map under any of the following circumstances in compliance with state law (Government Code Section 66474):
a. The subdivision proposes to create five or more lots, exclusive of a designated remainder parcel. b. The proposed map, design or improvement is not consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plans, as specified by state law (Government Code Section 65451); c. The site is not physically suitable for the type or density of development proposed; d. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; e. The design of the subdivision or type of improvements is likely to cause serious public health problems; or f. The design of the subdivision of the type of improvements would conflict with easements, acquired by the public at large for access through or use of property within the proposed subdivision.
E. No Action. If no action is taken upon a tentative residential parcel map by the decision maker to approve, conditionally approve, or disapprove the Residential Tentative Parcel Map within the time limits identified in state law, or an authorized extension thereof, the Residential Tentative Parcel Map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of state law and this development code. The City Clerk shall certify the approval, in compliance with state law (Government Code Section 66452.4).
F. Payment of Fees. The decision maker may require as a condition of approval, that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of a building permit shall be made at the rate for applicable fees in effect at the time of the application or issuance of the building permit.
G. Conditions & Post Approval. The decision maker shall have the authority to impose reasonable and necessary conditions and improvements as described pursuant to Article V (Subdivisions) and the Subdivision Map Act.” Section 16.98.040 is hereby amended to read as follows:
“16.98.040 Survey Required.
A. Complete Survey. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor.
B. Survey Elements. All alleys, blocks, centerlines of streets, curves, easements, monuments, parcels, and property lines adjoining or within the subdivision shall be tied into the survey.
C. Adjoining Properties. All adjoining properties shall be identified by block, parcel, property owners, and tract designation.
D. Error of Closure. The allowable error of closure on any portion of the final map shall be in compliance with the requirements of the county surveyor.
E. Net Acreage. Parcels containing one acre or more shall show net acreage to the nearest one-one hundredth.
F. Setting of Monuments. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards required by state law (Business and Professions Code Section 8771) so that another engineer or surveyor may readily retrace the survey, in compliance with state law (Government Code Sections 66495 and 66496). At least one exterior boundary line shall be monumented before recording the final map. Every final map shall show the following monuments:
1. Boundary monuments. The exterior boundary of the subdivision shall be monumented with permanent monuments not smaller than two-inch iron pipes at least twenty-four (24) inches long set at each corner and at intermediate points along the boundary not more than one thousand (1,000) feet apart and at the beginning and end points of all curves. If any existing record and identified monument meeting the foregoing requirements is found at any corner or point, the existing monument(s) may be used in lieu of a new monument;
2. Lot corner monuments. All lot corners, except when coincident with exterior boundary corner, shall be monumented with permanent monuments of one of the following types:
a. Three-quarter-inch diameter iron pipe at least twelve (12) inches long; b. One-half-inch diameter steel rod at least twelve (12) inches long; or c. Lead plug and copper identification disks set in concrete sidewalks or curbs.
3. Additional monuments to mark the limiting lines of streets as the city engineer may require;
4. All other monuments set or proposed to be set.
a. The subdivider shall cause the foregoing monuments to be set by a licensed surveyor or engineer. b. All monuments and their installation shall conform to city standards. c. All of the foregoing monuments shall be set before the approval of the map by the Council city engineer unless the setting thereof is deferred in compliance with state law (Subdivision Map Act Section 66496). However, the setting of exterior boundary monuments shall not be deferred unless the city engineer determines that the monuments might be disturbed by the construction of the improvements. d. Where the setting of monuments is deferred following filing of a final map, the monuments shall be set within thirty (30) days after the completion of the required improvements and before the acceptance by the city. The setting of monuments shall not be deferred if a parcel map is filed unless expressly allowed by the city engineer.” Section 16.110.020 of the Murrieta Municipal Code is hereby amended in part to add the following definition to read as follows:
16.110.020 Definitions of Specialized Terms and Phrases. “…
Gross floor area (GFA). Means the total area of all floors of a building, as measured to the outside surfaces of exterior walls. Gross floor area includes halls, stairways, elevator shafts, on grade, semi-subterranean, and subterranean garages, lofts and mezzanines, basements, and finished or habitable attics, except as otherwise defined or exempted in a specific Section of this Title. For the purposes of calculating GFA for all residential dwelling units, outdoor roof deck or balcony areas open to the sky or covered by patio cover or similar structure, when enclosed on all sides by a parapet, solid railing or building wall greater than three feet six inches (3'-6") in height, shall be included. However, open areas within the building above normal ceiling height shall not be calculated. …”
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its adoption.
SECTION 5. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION 6. NOTICE OF ADOPTION.
This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.
SECTION 7. CEQA EXEMPTION.
The “Project” has been evaluated pursuant to the California Environmental Quality Act (CEQA), and it has been determined that the amendments will have no significant adverse impacts on the environment. The proposed Development Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, as the proposed Development Code revisions would have no significant adverse effects on the environment. The changes being considered in the ordinance amendments are intended to address updated code enforcement processes, processing requirements for Final Maps, updated definitions, removing minor planning processes that are no longer utilized, minor updates to parking and signage, notification updates as provided through Fire Department, as it relates to implementation at a local government level, and development code errors and inconsistencies, and streamline permit processing without undermining or minimizing CEQA review of discretionary permits. Therefore, the Ordinance Amendments are exempt under Section 15061(b)(3).
SECTION 8. CEQA FILING.
The City Council hereby directs staff to prepare, execute, and file with the Riverside County Clerk and the State of California Office of Planning and Research. A notice of exemption within five (5) working days of the adoption of this Ordinance.
ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this ____ day of _______, 2024. _______________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
____________________________
Tiffany J. Israel, City Attorney
I, Cristal McDonald, City Clerk of the City of Murrieta, California, hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeting of the City Council on the __ day of ________, 2024 and that thereafter the said ordinance was duly and regularly adopted at a regular meeting of the City Council on the ____ day of ________, 2024, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Murrieta, California, this _____ day of __________, 2024. 1 of 64