San Jacinto City Council
December 6, 2022

STATE OF CALIFORNIA ) RESOLUTION NO. 3961
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN JACINTO APPROVING THE SUPPLEMENTAL

AGREEMENT BETWEEN THE CITY OF SAN JACINTO

AND THE COUNTY OF RIVERSIDE FOR THE USE OF

COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR PROGRAM YEARS 2022-2023
WHEREAS, the County of Riverside (“County”) has applied for and qualified as a Urban County for the Community Development Block Grant (“CDBG”) program (the “Program”) in accordance with 42 U.S.C. § 5302(a)(6) and 24 CFR 570.307 of the CDBG regulations; and
WHEREAS, the purpose of the Program is to provide participating Urban Counties with federal CDBG program funding for use in the provision and expansion of decent, affordable housing and economic opportunities for persons of low and moderate income; and
WHEREAS, the City of San Jacinto (“City”) desires to participate in the Program and receive Program funds for Program Years 2022-2023 for the purposes of assisting and undertaking essential community development and housing assistance activities, specifically for street improvements; and
WHEREAS, in order for the City to participate in the Program as a participating unit of general local government under the County’s Urban County designation, the City must enter into a Cooperation Agreement with the County; and WHEREAS, the City and the County have executed a Cooperation Agreement, dated July 20, 2020 (the “Agreement”); and
WHEREAS, the City and County now desire to amend the Agreement by entering into a Supplemental Agreement (the “Supplemental Agreement”) for Program Years 2022-2023 for the purpose of allowing the City’s utilization of additional Program funds totaling four hundred eighty thousand ($480,000) for the Mistletoe Park Restroom Improvement Project and ten thousand ($10,000) for the Voices for Children Project, as specifically identified in the Supplemental Agreement; and WHEREAS, the City finds that the Supplemental Agreement with the County is in the best interest of the City and is consistent with the public health, safety and welfare.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows:

3.A.8.a
Packet Pg. 215 Attachment: Resolution 3961 Approving Supplemental Agreement for Use of 2022-2023 CDBG Funds (Supplemental Agreement for the use of

SECTION 1. Consent to City Participation in Urban County Designation.

The City Council hereby consents to the City’s participation in the Program, and elects to participate in the County’s Urban County designation for the Program.

SECTION 2. Approval of Supplemental Agreement. The City Council hereby approves the Supplemental Agreement attached
hereto as Exhibit “A” and authorizes and directs the City Manager to execute the Supplemental Agreement on behalf of the City.

SECTION 3. Further Acts. The City Council hereby authorizes and directs the City Manager to take such further actions and execute such other documents as may be necessary or
appropriate in administering the actions authorized by this Resolution.

SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption.
[SIGNATURES ON FOLLOWING PAGE]

3.A.8.a
Packet Pg. 216 Attachment: Resolution 3961 Approving Supplemental Agreement for Use of 2022-2023 CDBG Funds (Supplemental Agreement for the use of

ADOPTED, SIGNED AND APPROVED this 6th day of December, 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

City of San Jacinto
By:

Crystal Ruiz, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:
___________________________
City Attorney, City of San Jacinto
Best, Best & Krieger, LLP.

3.A.8.a
Packet Pg. 217 Attachment: Resolution 3961 Approving Supplemental Agreement for Use of 2022-2023 CDBG Funds (Supplemental Agreement for the use of

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

CERTIFICATION
I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3961 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 6th of December, 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 6th day of December, 2022. ____________________________
Julia Espinoza, City Clerk

3.A.8.a
Packet Pg. 218 Attachment: Resolution 3961 Approving Supplemental Agreement for Use of 2022-2023 CDBG Funds (Supplemental Agreement for the use of Page
5 of 5
EXHIBIT “A”

SUPPLEMENTAL AGREEMENT
[Attached behind this page]

3.A.8.a
Packet Pg. 219 Attachment: Resolution 3961 Approving Supplemental Agreement for Use of 2022-2023 CDBG Funds (Supplemental Agreement for the use of

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
File No.: 3.SJ.09-22, 0.244-22

SUPPLEMENTAL AGREEMENT FOR THE USE OF
2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Supplemental Agreement (“Agreement”) is entered into this day of ______________, 2022, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, herein called, "COUNTY," and the CITY OF SAN JACINTO, herein called "CITY." COUNTY and CITY are collectively referred to as “Parties” and individually as “Party.” The COUNTY and CITY mutually agree as follows:

1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated December 2, 2020 (“Cooperation Agreement”), whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" for purposes of receiving Community Development Block Grant (CDBG) funds (“CDBG”), and to assist and undertake essential community development and housing assistance activities pursuant to the Housing and Community Development Act of 1974, Title 1, as amended, Public Law 93-383 hereinafter referred to as "Act." Said Cooperation Agreement, dated December 2, 2020, is incorporated herein by reference and made a part of this Agreement as if each and every provision was set forth herein.

2. PURPOSE. CITY has been allocated $490,000 in CDBG Entitlement funds for the 2022- 2023 CDBG program year. CITY promises and agrees to undertake and assist with the community development activities, within its jurisdiction, by utilizing the sum of $490,000 CDBG Entitlement Funds, as specifically identified in Exhibit(s) A, and B, attached hereto, and are incorporated herein by this reference, for the following project(s) (collectively, the “Projects”):

3.SJ.09-22 Mistletoe Park Restroom Facility Improvement Project, $480,000.

CITY has allocated the remaining $10,000 from its 2022-2023 CDBG allocation to certain activities identified below, hereinafter referred to as “County-wide Activities,” that will be directly administered by COUNTY:

0.244-22 Voices for Children, $10,000.

3.A.8.b
Packet Pg. 220 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

3. TERM OF AGREEMENT. The term of this Agreement for the implementation of the Project(s) shall be for a period of one (1) year from July 1, 2022, to termination on June 30, 2023.

4. COMPLETION SCHEDULE. CITY shall proceed consistent with the completion schedule set forth in Exhibit(s) A, and B, attached hereto and incorporated herein.

5. EXTENSION OF TIME. In the event the Project(s) are not substantially completed by the time set forth in the applicable completion schedule(s) due to a force majeure event (See Section 40 below), the COUNTY may consider extending the schedule for the completion of the project(s). Times of performance for other activities may also be extended in writing by COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY in its discretion, of the project(s) not made during the term of this Supplemental Agreement, COUNTY may suspend or terminate this Supplemental Agreement pursuant to the termination procedures set forth in the section titled "Termination," and the entitlement funds associated with the Project(s) may be reprogrammed by the COUNTY after appropriate notice is provided to the City.

6. LETTER TO PROCEED. CITY shall not initiate nor incur expenses for the CDBGfunded Projects or activities covered under the terms of this Supplemental Agreement as set forth in Exhibit(s) A, and B, attached hereto, prior to receiving written authorization from COUNTY to proceed.

7. NOTICES. Each notice, request, demand, consent, approval or other communication (hereinafter in this Section referred to collectively as “notices” and referred to singly as a “notice”) which the CITY or COUNTY is required or permitted to give to the other party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and sufficiently given if: (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) designating early morning delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two days after mailing in the United States), addressed to the respective parties as follows:

3.A.8.b
Packet Pg. 221 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

COUNTY CITY
Heidi Marshall, Director Robert Johnson, City Manager
Riverside County HWS City of San Jacinto
P.O. Box 1528 595 S. San Jacinto Avenue
Riverside, CA 92502 San Jacinto, CA 92583

8. DISBURSEMENT OF FUNDS.

A. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with Sections 2 and 3 of this Supplemental Agreement. COUNTY, through its Department of Housing, and Workforce Solutions, shall make payment of the CDBG funds to CITY as set forth in the attached Exhibit(s) A, and B. It is the CITY’s responsibility to monitor all project activities set forth in the attached Exhibit(s) A, and B and to ensure compliance with applicable federal regulations and the terms of this Supplemental Agreement.

B. CITY shall comply with timely drawdown of CDBG Entitlement funding by expeditiously implementing and completing the COUNTY-approved, CDBG-funded Projects. CITY acknowledges that CITY’s drawdown performance directly impacts the COUNTY’s overall program drawdown rate. If the CITY’s unobligated CDBG fund balance, as of January 31, 2023, exceeds one hundred and seventy-five percent (175%) of the CITY’s 2022-2023 CDBG allocation, the COUNTY may, in its sole discretion, take the necessary administrative actions to reduce the CITY’s CDBG fund balance. Necessary actions include, but are not limited to, reprogramming the excess CDBG fund balance to other eligible activities as selected by COUNTY. COUNTY may, in its sole and absolute discretion, authorize CITY in writing, prior to January 31, 2023, to exceed the CDBG fund balance requirement.

C. CITY shall comply with timely drawdown of CDBG funds by submitting monthly requests for reimbursement or other COUNTY approved reimbursement schedules. All disbursements of CDBG funds will be on a reimbursement basis and made within thirty (30) days after the COUNTY has received the CITY’s reimbursement request including documentation supporting expenditures.

D. All authorized obligations incurred in the performance of the Supplemental

3.A.8.b
Packet Pg. 222 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Agreement for projects eligible under the following CDBG regulations must be reported in writing to COUNTY no later than June 1, 2023:

1. Acquisition [24 Code of Federal Regulations (CFR) 570.201 (a)]

2. Clearance Activities [24 CFR 570.201 (d)]

3. Interim Assistance [24 CFR 570.201 (f)]

4. Code Enforcement [24 CFR 570.202 (c)]
All public service activities [24 CFR 570.201 (e)] and other eligible activities under this Supplemental Agreement must be implemented, completed, and obligations reported in writing to the COUNTY by the CITY no later than the completion schedules set forth in the attached Exhibits to this Supplemental Agreement. ”CFR” as used herein refers to the Code of Federal Regulations.

9. RECORDS AND INSPECTIONS.

A. CITY shall establish and maintain financial, programmatic, statistical, and other supporting records of its operations and financial activities in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Section 570.502 (a), as they relate to the acceptance and use of federal funds under this Agreement. Said records shall be retained for a period of four (4) years from the date that the activity or program funded with the CDBG Grant is closed out by the COUNTY and reported as complete in the Comprehensive Annual Performance and Evaluation Report (CAPER). Exceptions to the four (4) year retention period requirement, pursuant to 2 CFR 200.333 include, but not limited to, the following:
i. if any litigation, claim, or audit is started prior to the expiration of the four (4) year period;
ii. when the CITY is notified in writing by the COUNTY, HUD, or other Federal agency to extend the retention period;
iii. records for real property and equipment acquired with CDBG funds must be retained for four (4) years after final disposition; iv. when the records are transferred by the CITY to the COUNTY, HUD, or other Federal agency, the four (4) year period is not applicable.

3.A.8.b
Packet Pg. 223 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
B. CITY shall obtain an external audit in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.500). Audits shall usually be performed annually but not less frequently than every two years. Nonprofit institutions and government agencies that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements, but records must be available for review by appropriate officials of the Federal grantor agency or subgranting entity. The audit report shall be submitted to the COUNTY within 180 days after the end of the COUNTY'S fiscal year.

C. CITY shall maintain a separate account for the CITY’S CDBG Entitlement funds received as set forth in Exhibit(s) A, and B attached hereto.

D. Pursuant to 2 CFR 200.336, CITY shall, during the normal business hours, make available to COUNTY, the U.S. Department of Housing and Urban Development (HUD), or other authorized representative, for the examination and copying, all of its records and other materials with respect to matters covered by this Agreement and provide reasonable access to CITY staff for the purpose of interview and discussion related to the records and documents.

E. CITY shall not retain any program income as defined in 24 CFR 570.500. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities.

F. The CITY shall ensure that at least fifty-one percent (51%) of the persons benefiting from all CDBG-funded activities or projects designated as serving limited clientele [24 CFR 570.208(a)(2)(i)] are of low and moderate-income and meet the applicable household income guidelines.

The CITY shall provide the required income certification and direct benefit documentation, in writing, to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, and B, attached hereto. In the event that CITY engages the services of a sub-contractor to implement CDBGfunded activities, the CITY must collect, in writing, all required income certification and direct benefit documentation from subcontractors prior to submittal to the COUNTY pursuant to the reporting requirement of each activity as set forth in Exhibit(s) A, and B, attached hereto.

10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal, state, and local laws, regulations, and ordinances and any amendments thereto and the federal regulations and

3.A.8.b
Packet Pg. 224 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), and 24 CFR Part 570. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above-mentioned Cooperation Agreement. CITY shall comply, if applicable, with Section 3 of the Housing & Urban Development Act of 1968 (12 U.S.C.A. Section 1701u), as amended, a copy of which is attached hereto as Exhibit “S”, and incorporated herein by this reference. CITY shall adhere to the regulations as set forth in Exhibit “R”, attached hereto and incorporated herein by this reference, pertaining to inherently religious activities. CITY shall comply with the Additional Federal Requirements, if applicable, attached hereto as Exhibit “AFR”, and incorporated herein by this reference.

11. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in implementing and undertaking the goals and strategies identified in the 2019-2024 Five Year Consolidated Plan, pursuant to 24 CFR Part 91 and other requirements of the Community Development Block Grant Program.

12. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Title 14 CCR Section 1501(d), the CITY is designated as the lead agency for the projects that are the subject matter of this Supplemental Agreement.

13. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages including, but not limited to, claims, demands, losses, liabilities, costs and expenses including reasonable attorneys’ fees, resulting from the negligent or wrongful acts or omissions of their employees or agents in the performance of this Agreement, and each Party shall indemnify, defend and hold harmless the other Parties from such claims, demands,

3.A.8.b
Packet Pg. 225 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
damages, losses or liabilities for their negligence.

The hold harmless and indemnification obligations set forth herein shall survive the termination and expiration of this Agreement. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CITY from indemnifying the Indemnitees to the fullest extent allowed by law.

14. INSURANCE. Without limiting or diminishing the CITY’s obligation to indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the COUNTY herein refers to the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of COUNTY OF RIVERSIDE Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds
a. Workers’ Compensation:

If the CITY has employees as defined by the State of California, the CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside.
b. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY’S performance of its obligations hereunder. Policy shall name the County of Riverside as Additional Insured. Policy’s limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
c. Vehicle Liability:

3.A.8.b
Packet Pg. 226 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside as Additional Insured. d. General Insurance Provisions - All lines:
(i). Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the County’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
(ii). The CITY must declare its insurance self-insured retentions. If such selfinsured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the County Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to the COUNTY, and at the election of the Country’s Risk Manager, CITY’S carriers shall either; 1) reduce or eliminate such self-insured retention as respects this Agreement with the COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. (iii). CITY shall cause CITY’S insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) days written notice shall be given to the County of Riverside prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate

3.A.8.b
Packet Pg. 227 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. CITY shall not commence operations until the COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
(iv). It is understood and agreed to by the parties hereto that the CITY’S insurance shall be construed as primary insurance, and the COUNTY'S insurance and/or deductibles and/or self-insured retention’s or self-insured programs shall not be construed as contributory. (v). If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services; or, there is a material change in the equipment to be used in the performance of the scope of or, the term of this Agreement, including any extensions thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverage’s currently required herein, if; in the County Risk Manager's reasonable judgment, the amount or type of insurance carried by the CITY has become inadequate.
(vi). CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
(vii). The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the COUNTY. (viii). CITY agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

15. INDEPENDENT CONTRACTOR. The CITY is, for purposes relating to this Supplemental Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that the CITY (including its employees, agents and

3.A.8.b
Packet Pg. 228 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
subcontractor’s) shall in no event be entitled to any benefits to which the COUNTY employees are entitled, including but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits. There shall be no employer-employee relationship between the parties; and the CITY shall hold the COUNTY harmless from any and all claims that may be made against the COUNTY based upon any contention by a third party that an employer-employee relationship exists by reason of this Supplemental Agreement. It is further understood and agreed by the parties that the CITY in the performance of this Supplemental Agreement is subject to the control or direction of the COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results.

16. NONDISCRIMINATION. CITY shall abide by 24 CFR Sections 570.601 and 570.602 of Title 24 of the Code of Federal Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity, or veterans status be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds.

CITY shall abide by and include in any subcontracts to perform work under this Supplemental Agreement, the following clause:
"During the performance of this Supplemental Agreement, CITY and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, veterans status, sexual orientation, gender identity, age (over 40) or sex. CITY and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CITY and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (California Government Code Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission are implementing California Government Code Section 12990 et seq., set forth in Chapter 1 of Division 4.1 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CITY and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement."

3.A.8.b
Packet Pg. 229 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

17. PROHIBITION AGAINST CONFLICTS OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611.

B. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.

C. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

D. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.

E. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611(d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD in the COUNTY’S sole and absolute discretion. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611(d)(2).

F. Prior to the distribution of any CDBG funding under this Supplemental Agreement, CITY shall provide COUNTY, in writing, a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making

3.A.8.b
Packet Pg. 230 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict that may arise with respect to the CDBG activities funded under this Supplemental Agreement.

G. Any violation of this Section 17 shall be deemed a material breach of this Supplemental Agreement, and the Supplemental Agreement shall be immediately terminated by the COUNTY.

18. LOBBYING. CITY certifies to the best of its knowledge and belief, that:
a. No federally-appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the CITY shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. CITY shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

19. TERMINATION.

A. CITY. CITY may not terminate this Agreement except upon express written consent of COUNTY, pursuant to 2 CFR 200.339 (a)(3).

B. COUNTY. Notwithstanding the provisions of Paragraph 19a above, COUNTY

3.A.8.b
Packet Pg. 231 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
may suspend or terminate this Supplemental Agreement upon a ten (10) day written notice to CITY of action being taken and the reason for such action including, but not limited to, the following reasons:
(1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Supplemental Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Supplemental Agreement invalid or untenable; or
(3) In the event the funding from the Department of Housing and Urban Development referred to in Sections 1 and 2 above is terminated or otherwise becomes unavailable.

C. This Agreement may be terminated and/or funding suspended, in whole or in part, for cause in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200.339). Cause shall be based on the failure of the CITY to materially comply with either the terms or conditions of this Agreement. Upon suspension of funding, the CITY agrees not to incur any costs related thereto, or connected with, any area of conflict from which the COUNTY has determined that suspension of funds is necessary. CITY acknowledges that failure to comply with Federal statutes, regulations, or the terms and conditions of this Agreement may be considered by the COUNTY in evaluating future CDBG and non-CDBG funding applications submitted by CITY.

D. Upon suspension or termination of this Supplemental Agreement, CITY shall return any unencumbered funds which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Supplemental Agreement.

E. Reversion of Assets

1. Upon expiration or termination of this Supplemental Agreement, the CITY shall transfer to the COUNTY any CDBG funds on hand at the time of expiration of the Supplemental Agreement as well as any accounts receivable held by CITY which are attributable to the use of CDBG funds awarded pursuant to this Supplemental Agreement.

2. Any real property under the CITY’S control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the CITY in the form of a

3.A.8.b
Packet Pg. 232 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
loan) in excess of $25,000 is either:
(i) Used to meet one of the National Objectives pursuant to 24 CFR 570.208 until five years after expiration of this agreement, or for such longer period of time as determined to be appropriate by the COUNTY; or
(ii) Not used in accordance with Clause (i) above, in which event the CITY shall pay the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property.

20. PUBLICITY. Any publicity generated by CITY for the Projects funded pursuant to this Supplemental Agreement will make reference to the contribution of the COUNTY, the Department of Housing, and Workforce Solutions, and the Community Development Block Grant Program in making the project possible.

21. PROGRAM MONITORING AND EVALUATION. CITY and its subcontractors shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Supplemental Agreement and the effective and efficient achievement of the CDBG National Objectives as set forth in Exhibit(s)A, and B, attached hereto. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to, the following data elements:

A. Title of program, listing of components, description of activities/operations.

B. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals and identify any problems encountered in meeting goals.

C. If the CDBG-funded activity meets a National Objective under 24 CFR 570.208 (a)(2)(i), CITY will report the following:
1) Total number of direct beneficiaries (clientele served) with household incomes at:
 Above 80% MHI
 Between 50% and 80% MHI (Low-Income)
 Between 30% and 50% MHI (Very Low-Income)

3.A.8.b
Packet Pg. 233 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
 Less than 30% MHI (Extremely Low-Income)
2) Total number and percent (%) of the clientele served that have household incomes at or below 80% MHI
3) Racial ethnicity of clientele
4) Number of Female-Headed Households
D. CITY shall report, in writing, and cause its subcontractors to report, in writing, beneficiary statistics monthly to Housing and Workforce Solutions (HWS) on the pre-approved Direct Benefit Form and Self-Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY by HWS should HUD implement changes during the term of this Supplemental Agreement. CITY and subcontractors will collect and provide all necessary data required by HUD pertaining to the Specific Outcome Indicators as identified in HUD’s Community Planning and Development (CPD) Outcome Performance Measurement System.

22. PRIOR AUTHORIZATION. CITY shall obtain COUNTY's written approval from HWS prior to implementing the following “high risk” activities funded with CDBG assistance:

A. Construction of public facilities (project plans and specifications); B. Acquisition of real property;
C. Historic Preservation;
D. Relocation; and
F. Economic Development

23. PRIOR COUNTY APPROVAL (CONSTRUCTION ACTIVITIES). CITY shall obtain COUNTY's written approval, through its HWS, of the project plans, specifications, and construction documents prior to CITY’S construction of same for all projects consisting of CDBG-funded construction activities. The COUNTY neither undertakes nor assumes nor will have any responsibility or duty to CITY or to any third party to review, inspect, supervise, pass judgment upon or inform CITY or any third party of any matter in connection with the development or construction of the improvements, whether regarding the quality, adequacy or suitability of the plans, any labor, service, equipment or material furnished to the property, any person furnishing the same, or otherwise. CITY and all third parties shall rely upon its or their own judgment regarding such matters, and any review,

3.A.8.b
Packet Pg. 234 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
inspection, supervision, exercise of judgment or information supplied to CITY or to any third party by the COUNTY in connection with such matter is for the public purpose of assisting with a community development and housing activity pursuant to the Act, and neither CITY (except for the purposes set forth in this Agreement) nor any third party is entitled to rely thereon. The COUNTY shall not be responsible for any of the work of construction, improvement, or development of the property.

It is the responsibility of CITY, without cost to COUNTY, to ensure that all applicable local jurisdiction land use requirements will permit development of the property and construction of the improvements and the use, operation, and maintenance of such Improvements in accordance with the provisions of this Agreement. Nothing contained herein shall be deemed to entitle Sponsor to any local jurisdiction or County permit or other local jurisdiction or County approval necessary for the development of the Property, or waive any applicable local jurisdiction or County requirements relating thereto. This Agreement does not (a) grant any land use entitlement to CITY, (b) supersede, nullify, or amend any condition which may be imposed by the local jurisdiction in connection with approval of the development described herein, (c) guarantee to CITY or any other party any profits from the development of the Property, or (d) amend any local jurisdiction or County laws, codes or rules.

24. PRIOR COUNTY APPROVAL (AQUISITION ACTIVITIES). CITY shall obtain COUNTY's written approval and authorization to proceed, through HWS, of all CDBG-funded real property acquisition activities.

25. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED WITH CDBG FUNDS. When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Section 200.311); National Environmental Policy Act of 1969 (42 U.S.C.A. §4321, et seq.); the California Environmental Quality Act (Cal. Pub. Resources Code §21000, et seq.); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C.A. §4630, et seq.); and the COUNTY’s Five Year Consolidated Plan. In addition, the following is to occur:

3.A.8.b
Packet Pg. 235 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
a. Title to the real property shall vest in CITY;
b. The real property will be held by CITY, or the constructed facility will be maintained by the CITY, for a minimum period of five (5) years from the date the CDBG-funded activity is closed-out and reported as complete by the COUNTY through the Comprehensive Annual Performance and Evaluation Report (CAPER);
c. While held by CITY, the real property or the constructed facility is to be used exclusively for the purposes for which acquisition or construction was originally approved by COUNTY;
d. Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is consistent with the COUNTY’S Five Year Consolidated Plan or the applicable federal regulations governing CDBG funds;
e. Should CITY desire to use the real property or the constructed facility, prior to the completion of the mandatory five-year period, for a purpose not consistent with applicable federal regulations governing CDBG funds or to sell the real property or facility, then:
(1) If CITY desires to retain title, CITY will reimburse COUNTY the amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility; or (2) If CITY sells the property or facility or is required to sell the property or facility, CITY shall reimburse COUNTY the amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds initially comprised of monies paid to acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.

26. ENTIRE AGREEMENT. This Supplemental Agreement, including any attachments or exhibits hereto constitutes the entire Supplemental Agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. Each of the attachments and exhibits attached hereto is incorporated herein by this reference.

3.A.8.b
Packet Pg. 236 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

27. SEVERABILITY. Each section, paragraph and provision of this Supplemental Agreement is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall remain in full force and effect.

28. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify in writing, and to cause any subcontractor implementing CDBG-funded Projects to notify, in writing, the Riverside County Workforce Development Center of any and all job openings that are caused by the CDBG-funded Projects under this Supplemental Agreement.

29. MINISTERIAL ACTS. The Director of Housing and Workforce Solutions or designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Supplemental Agreement as it may be amended from time-to-time by COUNTY.

30. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the U.S. Department of Housing and Urban Development, or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to receive CDBG entitlement funds from the COUNTY.

31. SOURCE OF FUNDING. CITY acknowledges that the source of funding pursuant to this Supplemental Agreement is Community Development Block Grant funds (CFDA 14.218), and the Grant Award Number is B-22-UC-06-0506.

32. ASSIGNMENT. The CITY shall not make any assignment or transfer in any form with respect to this Supplemental Agreement, without prior written approval of the COUNTY.

33. INTERPRETATION AND GOVERNING LAW. This Supplemental Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. This Supplemental Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Supplemental Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

34. WAIVER. Failure by a party to insist upon the strict performance of any of the provisions of this Supplemental Agreement by the other party, or the failure by a party to exercise its

3.A.8.b
Packet Pg. 237 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
rights upon the default of the other party, shall not constitute a waiver of such party’s rights to insist and demand strict compliance by the other party with the terms of this Supplemental Agreement thereafter.

35. JURISDICTION AND VENUE: Any action at law or in equity arising under this Supplemental Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Supplemental Agreement shall be filed only in the Superior Court of the State of California, located in Riverside, California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction

36. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use, by CITY or the CITY’S subcontractor implementing the CDBG-funded activity, for a period of five (5) years from the close-out date of the grant from which CDBG assistance was provided. The CITY shall maintain a current inventory for COUNTY monitoring and review.

37. AUTHORITY TO EXECUTE. The persons executing this Supplemental Agreement or exhibits attached hereto on behalf of the parties to this Supplemental Agreement hereby warrant and represent that they have the authority to execute this Supplemental Agreement and warrant and represent that they have the authority to bind the respective parties to this Supplemental Agreement to the performance of its obligations hereunder.

38. EFFECTIVE DATE. The effective date of this Supplemental Agreement is the date the parties sign the Supplemental Agreement. If the parties sign the Supplemental Agreement on more than one date, then the last date the Supplemental Agreement is signed by a party shall be the effective date.

39. COUNTERPARTS. This Supplemental Agreement may be signed by the different parties hereto in counterparts, each of which shall be an original but all of which together shall constitute one and the same agreement.

40. FORCE MAJEURE.

A. Performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, pandemic, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, material or tools, delays of any contractor, sub-contractor

3.A.8.b
Packet Pg. 238 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
or supplier, acts of the other party, acts or failure to act of a public or governmental agency or entity, or any causes beyond the control or without the fault of the party claiming an extension of time to perform.

B. An extension of time for any such cause (a “Force Majeure Delay”) shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) calendar days of knowledge of the commencement of the cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a Force Majeure Delay unless and until the party claiming such delay and interference delivers to the other party written notice describing the event, its cause, when and how such party obtained knowledge, the date the event commenced, and the estimated delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver such written notice within thirty (30) calendar days after it obtains knowledge of the event.

41. MODIFICATION OF AGREEMENT. This Supplemental Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively.

42. DIGITAL AND ELECTRONIC SIGNATURES. The parties agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17). The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [Remainder of Page Intentionally Blank]

3.A.8.b
Packet Pg. 239 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
[Signatures on Following Page]
IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as of the dates set forth below.

COUNTY OF RIVERSIDE, CITY OF SAN JACINTO,
a political subdivision of the a General law City
State of California
BY: ____________________________ BY: _________________________ Michael Walsh, Name:

Deputy Director
Title:

Date: Date:

APPROVED AS TO FORM: ATTEST:

COUNTY COUNSEL
By: ____________________________ BY: _________________________ Amrit P. Dhillon, City Clerk
Deputy County Counsel

APPROVED AS TO FORM:

BY: __________________________
City Attorney

3.A.8.b
Packet Pg. 240 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

123456789
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 3.A.8.b
Packet Pg. 241 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) EXHIBIT "R"
24 C.F.R. § 5.109
Equal participation of faith-based organizations in
HUD programs and activities.

Effective: May 4, 2016
(a) Purpose.

Consistent with Executive Order 13279 (issued on December 12, 2002, 67 FR 77141), entitled “Equal Protection of the Laws for Faith–Based and Community Organizations,” as amended by Executive Order 13559 (issued on November 17, 2010, 75 FR 71319), entitled “Fundamental Principles and Policymaking Criteria for Partnerships With Faith–Based and Other Neighborhood Organizations,”, and further amended by Executive Order 13831 (issued on May 3, 2018, 83 FR 20715) entitled “Establishment of a White House Faith and Opportunity Initiative,” this section describes requirements for ensuring the equal participation of faith-based organizations in HUD programs and activities. These requirements apply to all HUD programs and activities, including all of HUD’s Native American Programs, except as may be otherwise noted in the respective program regulations in title 24 of the Code of Federal Regulations (CFR), or unless inconsistent with certain HUD program authorizing statutes. b) Definitions. The following definitions apply to this section:

Direct Federal financial assistance means Federal financial assistance provided when a Federal Government agency or an intermediary, as defined in this section, selects the provider and either purchases services from that provider (i.e., via a contract) or awards funds to that provider to carry out an activity (e.g., via grant, sub-grant, sub-award, or cooperative agreement). The recipients of sub-grants or sub-awards that receive Federal financial assistance through State-administered programs (e.g., flow-through programs) are considered recipients of direct Federal financial assistance. In general, Federal financial assistance shall be treated as direct, unless it meets the definition of indirect Federal financial assistance.

Federal financial assistance means assistance that non–Federal entities receive or administer in the forms of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption.

Indirect Federal financial assistance means Federal financial assistance provided when the choice of the provider is placed in the hands of the beneficiary, and the cost of that service is paid through a voucher, certificate, or other similar means of Government-funded payment. Federal financial assistance provided to an organization is considered indirect when the Government program through which the beneficiary receives the voucher, certificate, or other similar means of Government-funded payment is neutral toward religion meaning that it is available to providers without regard to the religious or non-religious nature of the institution and there are no program incentives that deliberately skew for or against religious or secular providers; and the organization receives the assistance as a result of a genuine, independent choice of the beneficiary.

Intermediary means an entity, including a nongovernmental organization, acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that accepts Federal financial assistance and distributes that assistance to other entities that, in turn, carry out activities under HUD programs. (c) Equal participation of faith-based organizations in HUD programs and activities.

3.A.8.b
Packet Pg. 242 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) Faith-based organizations are eligible, on the same basis as any other organization, to participate in any HUD program or activity, considering any permissible accommodations, particulary under the Religious Freedome Restoration Act. Neither the Federal Government, nor a State, tribal or local government, nor any other entity that administers any HUD program or activity, shall discriminate against an organization on the basis of the organization’s religious character, affiliation, or lack thereof, or on the basis of the organization’s religious exercise. For purposes of this part, to discriminate against an organization on the basis of the organization’s religious exercise means to disfavor an organization, including by failing to select an organization, disqualifying an organization, or imposing any condition or selection criterion that otherwise disfavors or penalizes an organization in the selection process or has such an effect:
(1) Because of conduct that would not be considered grounds to disfavor a secular organization; (2) Because of conduct that must or could be granted an appropriate accommodation in a manner consistent with RFRA (42 U.S.C. 2000bb through 2000bb-4) or the Religion Clauses of the First Amendment to the Constitution; or
(3) Because of the actual or suspected religious motivation of the organization's religious exercise. (4) In addition, decisions about awards of Federal financial assistance must be free from political interference or even the appearance of such interference and must be made on the basis of merit, not based on the organization's religious character, affiliation, or lack thereof, or based on the organization's religious exercise. Notices of funding availability, grant agreements, and cooperative agreements shall include language substantially similar to that in appendix A to this subpart, where faith-based organizations are eligible for such opportunities. (d) Independence and identity of faith-based organizations. (1) A faith-based organization that applies for, or participates in, a HUD program or activity supported with Federal financial assistance retains its autonomy, right of expression, religious character, authority over its governance, and independence, and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs. A faith-based organization that receives Federal financial assistance from HUD does not lose the protections of law. (2) A faith-based organization that receives direct Federal financial assistance may use space (including a sanctuary, chapel, prayer hall, or other space) in its facilities (including a temple, synagogue, church, mosque, or other place of worship) to carry out activities under a HUD program without concealing, altering, or removing religious art, icons, scriptures, or other religious symbols. In addition, a faith-based organization participating in a HUD program or activity retains its authority over its internal governance, and may retain religious terms in its organization’s name, select its board members and employees on the basis of their acceptance of or adherence to the religious tenets of the organization consistent with paragraph (i) of this section), and include religious references in its organization’s mission statements and other governing documents. (e) Explicitly religious activities.

If an organization engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from the programs or activities supported by direct Federal financial assistance and participation must be voluntary for the beneficiaries of the programs or activities that receive direct Federal financial assistance. The use of indirect Federal financial assistance is not subject to this restriction. Nothing in this part restricts HUD’s authority under applicable Federal law to fund activities, that can be directly funded by the Government consistent with the Establishment Clause of the U.S. Constitution. (f) Intermediary responsibilities to ensure equal participation of faith-based organizations in HUD programs.

If an intermediary - acting under a contract, grant, or other agreement with the Federal Government or with a State, tribal or local government that is administering a program supported by Federal financial assistance - is

3.A.8.b
Packet Pg. 243 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) given the authority to select a nongovernmental organization to receive Federal financial assistance under a contract, grant, sub-grant, sub-award, or cooperative agreement, the intermediary must ensure that such organization complies with the requirements of this section. If the intermediary is a nongovernmental organization, it retains all other rights of a nongovernmental organization under the program’s statutory and regulatory provisions.
(g) Nondiscrimination requirements.

Any organization that receives Federal financial assistance under a HUD program or activity shall not, in providing services with such assistance or carrying out activities with such assistance, discriminate against a beneficiary or prospective beneficiary on the basis of religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. However, an organization that participates in a program funded by indirect Federal financial assistance need not modify its program or activities to accommodate a beneficiary who chooses to expend the indirect aid on the organization's program and may require attendance at all activities that are fundamental to the program. (h) No additional assurances from faith-based organizations.

A faith-based organization is not rendered ineligible by its religious nature to access and participate in HUD programs. Absent regulatory or statutory authority, no notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering Federal financial assistance from HUD shall require otherwise eligible faith-based organizations to provide assurances or notices where they are not required of similarly situated secular organizations. All organizations that participate in HUD programs or activities, including organizations with religious character or affiliations, must carry out eligible activities in accordance with all program requirements, subject to any required or appropriate accommodation, particularly under the Religious Freedom Restoration Act, and other applicable requirements governing the conduct of HUD-funded activities, including those prohibiting the use of direct financial assistance to engage in explicitly religious activities. No notice of funding availability, grant agreement, cooperative agreement, covenant, memorandum of understanding, policy, or regulation that is used by HUD or a recipient or intermediary in administering financial assistance from HUD shall disqualify otherwise eligible faith-based organizations from participating in HUD's programs or activities because such organization is motivated or influenced by religious faith to provide such programs and activities, or because of its religious character or affiliation, or on grounds that discriminate against an organization on the basis of the organization's religious exercise, as defined in this part. (i) Exemption from Title VII employment discrimination requirements.

A religious organization’s exemption from the Federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–1), is not forfeited when the organization participates in a HUD program. Some HUD programs, however, contain independent statutory provisions that impose certain nondiscrimination requirements on all grantees. Accordingly, grantees should consult with the appropriate HUD program office to determine the scope of applicable requirements. (j) Acquisition, construction, and rehabilitation of structures.

Direct Federal financial assistance may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under a HUD program or activity.

Where a structure is used for both eligible and explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), direct Federal financial assistance may not exceed the cost of the share of acquisition, construction, or rehabilitation attributable to eligible activities in accordance with the cost accounting requirements applicable to the HUD program or activity. However,

3.A.8.b
Packet Pg. 244 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) acquisition, construction, or rehabilitation of sanctuaries, chapels, or other rooms that a HUD–funded faith-based organization uses as its principal place of worship, may not be paid with direct Federal financial assistance.

Disposition of real property by a faith-based organization after its use for an authorized purpose, or any change in use of the property from an authorized purpose, is subject to Government-wide regulations governing real property disposition (2 CFR part 200, subpart D) and the HUD program regulations, as directed by HUD. (k) Commingling of Federal and State, tribal, and local funds.

If a State, tribal, or local government voluntarily contributes its own funds to supplement direct Federal financial assistance for an activity, the State, tribal or local government has the option to segregate those funds or commingle them with the direct Federal financial assistance. However, if the funds are commingled, the requirements of this section apply to all of the commingled funds. Further, if a State, tribal, or local government is required to contribute matching funds to supplement direct Federal financial assistance for an activity, the matching funds are considered commingled with the direct Federal financial assistance and, therefore, subject to the requirements of this section. Some HUD programs’ requirements govern any activity assisted under those programs. Accordingly, recipients should consult with the appropriate HUD program office to determine the scope of applicable requirements.
(l) Tax exempt organizations.

In general, HUD does not require that a recipient, including a faith-based organization, obtain tax-exempt status under section 501(c)(3) of the Internal Revenue Code to be eligible for funding under HUD programs. Many grant programs, however, do require an organization to be a nonprofit organization in order to be eligible for funding.

Notices of funding availability that require organizations to have nonprofit status will specifically so indicate in the eligibility section of the notice of funding availability. In addition, if any notice of funding availability requires an organization to maintain tax-exempt status, it will expressly state the statutory authority for requiring such status. Applicants should consult with the appropriate HUD program office to determine the scope of any applicable requirements. In HUD programs in which an applicant must show that it is a nonprofit organization but this is not statutorily defined, the applicant may do so by any of the following means:
(1) Proof that the Internal Revenue Service currently recognizes the applicant as an organization to which contributions are tax deductible under section 501(c)(3) of the Internal Revenue Code; (2) A statement from a State or other governmental taxing body or the State secretary of State certifying that - (i) The organization is a nonprofit organization operating within the State; and (ii) No part of its net earnings may benefit any private shareholder or individual; (3) A certified copy of the applicant's certificate of incorporation or similar document that clearly establishes the nonprofit status of the applicant;
(4) Any item described in paragraphs (l)(1) through (3) of this section, if that item applies to a State of national parents organization, together with a statement by the State of parent organization that the applicant is a local nonprofit affiliate; or
(5) For an entity that holds a sincerely held religious belief that it cannot apply for a determination as an entity that is tax-exempt under section 501(c)(3) of the Internal Revenue Code, evidence sufficient to establish that the entity would otherwise qualify as a nonprofit organization under paragraphs (l)(1) through (4) of this section. (m) Rule of construction.

Neither HUD nor any recipient or other intermediary receiving funds under any HUD program or activity shall construe these provisions in such a way as to advantage or disadvantage faith-based organizations affiliated with historic or well-established religions or sects in comparison with other religions or sects.

Credits

3.A.8.b
Packet Pg. 245 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) [69 FR 41717, July 9, 2004; 80 FR 75934, Dec. 7, 2015; 81 FR 19416, April 4, 2016; 85 FR 82315, Dec 17, 2020] SOURCE: 61 FR 5202, Feb. 9, 1996; 61 FR 9041, March 6, 1996; 61 FR 9537, March 8, 1996; 61 FR 11113, March 18, 1996; 61 FR 13616, March 27, 1996; 61 FR 54498, Oct. 18, 1996; 70 FR 77743, Dec. 30, 2005; 73 FR 72340, Nov. 28, 2008; 75 FR 66258, Oct. 27, 2010; 77 FR 5674, Feb. 3, 2012; 80 FR 42352, July 16, 2015; 81 FR 19416, April 4, 2016; 81 FR 80798, Nov. 16, 2016; 81 FR 90657, Dec. 14, 2016, unless otherwise noted.

AUTHORITY: 12 U.S.C. 1701x; 42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d); Sec. 327, Pub.L. 109– 115, 119 Stat. 2936; Sec. 607, Pub.L. 109–162, 119 Stat. 3051 (42 U.S.C. 14043e et seq.); E.O. 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and E.O. 13559, 75 FR 71319, 3 CFR, 2010 Comp., p. 273.; 29 U.S.C. 794, 42 U.S.C. 1437a, 1437c, 1437c–1(d), 1437d, 1437f, 1437n, 3535(d), and Sec. 327, Pub.L. 109–115, 119 Stat. 2936; 42 U.S.C. 3600–3620; 42 U.S.C. 5304(b); 42 U.S.C. 12101 et seq.; 42 U.S.C. 12704–12708; E.O. 11063, 27 FR 11527, 3 CFR, 1958–1963 Comp., p. 652; E.O. 12892, 59 FR 2939, 3 CFR, 1994 Comp., p. 849.

3.A.8.b
Packet Pg. 246 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) EXHIBIT “S”

Economic Opportunities for Low- and Very Low-Income Persons

CONTRACT REQUIREMENTS
24 CFR Part 75

RIVERSIDE COUNTY
Section 75.1 Purpose
This part establishes the requirements to be followed to ensure the objectives of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3) are met. The purpose of Section 3 is to ensure that economic opportunities, most importantly employment, generated by certain HUD financial assistance shall be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing or residents of the community in which the Federal assistance is spent.

Section 75.3 Applicability
(a) General applicability. Section 3 applies to public housing financial assistance and Section 3 projects, as follows:
(1) Public housing financial assistance. Public housing financial assistance means:
(i) Development assistance provided pursuant to section 5 of the United States Housing Act of 1937 (the 1937 Act);
(ii) Operations and management assistance provided pursuant to section 9(e) of the 1937 Act; (iii) Development, modernization, and management assistance provided pursuant to section 9(d) of the 1937 Act; and
(iv) The entirety of a mixed-finance development project as described in 24 CFR 905.604, regardless of whether the project is fully or partially assisted with public housing financial assistance as defined in paragraphs (a)(1)(i) through (iii) of this section. (2) Section 3 projects. (i) Section 3 projects means housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000. The threshold is $100,000 where the assistance is from the Lead Hazard Control and Healthy Homes programs, as authorized by Sections 501 or 502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1 or 1701z-2), the Lead-Based Paint Poisoning Prevention Act (42 U.S.C 4801 et seq.); and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.). The project is the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.

3.A.8.b
Packet Pg. 247 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) (ii) The Secretary must update the thresholds provided in paragraph (a)(2)(i) of this section not less than once every 5 years based on a national construction cost inflation factor through Federal Register notice not subject to public comment. When the Secretary finds it is warranted to ensure compliance with Section 3, the Secretary may adjust, regardless of the national construction cost factor, such thresholds through Federal Register notice, subject to public comment. (iii) The requirements in this part apply to an entire Section 3 project, regardless of whether the project is fully or partially assisted under HUD programs that provide housing and community development financial assistance.
(b) Contracts for materials. Section 3 requirements do not apply to material supply contracts. (c) Indian and Tribal preferences. Contracts, subcontracts, grants, or subgrants subject to Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5307(b)) or subject to tribal preference requirements as authorized under 101(k) of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4111(k)) must provide preferences in employment, training, and business opportunities to Indians and Indian organizations, and are therefore not subject to the requirements of this part. (d) Other HUD assistance and other Federal assistance. Recipients that are not subject to Section 3 are encouraged to consider ways to support the purpose of Section 3.

Section 75. 5 Definitions.

The terms HUD, Public housing, and Public Housing Agency (PHA) are defined in 24 CFR part

5. The following definitions also apply to this part:
1937 Act means the United States Housing Act of 1937, 42 U.S.C. 1437 et seq.

Contractor means any entity entering into a contract with:
(1) A recipient to perform work in connection with the expenditure of public housing financial assistance or for work in connection with a Section 3 project; or (2) A subrecipient for work in connection with a Section 3 project.

Labor hours means the number of paid hours worked by persons on a Section 3 project or by persons employed with funds that include public housing financial assistance.

Low-income person means a person as defined in Section 3(b)(2) of the 1937 Act.

Material supply contracts means contracts for the purchase of products and materials, including, but not limited to, lumber, drywall, wiring, concrete, pipes, toilets, sinks, carpets, and office supplies.

Professional services means non-construction services that require an advanced degree or professional licensing, including, but not limited to, contracts for legal services, financial

3.A.8.b
Packet Pg. 248 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) consulting, accounting services, environmental assessment, architectural services, and civil engineering services.

Public housing financial assistance means assistance as defined in §75.3(a)(1).

Public housing project is defined in 24 CFR 905.108.

Recipient means any entity that receives directly from HUD public housing financial assistance or housing and community development assistance that funds Section 3 projects, including, but not limited to, any State, local government, instrumentality, PHA, or other public agency, public or private nonprofit organization.

Section 3 means Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u).

Section 3 business concern means:
(1) A business concern meeting at least one of the following criteria, documented within the last six-month period:
(i) It is at least 51 percent owned and controlled by low- or very low-income persons; (ii) Over 75 percent of the labor hours performed for the business over the prior threemonth period are performed by Section 3 workers; or (iii) It is a business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing. (2) The status of a Section 3 business concern shall not be negatively affected by a prior arrest or conviction of its owner(s) or employees.
(3) Nothing in this part shall be construed to require the contracting or subcontracting of a Section 3 business concern. Section 3 business concerns are not exempt from meeting the specifications of the contract.

Section 3 project means a project defined in §75.3(a)(2).

Section 3 worker means:
(1) Any worker who currently fits or when hired within the past five years fit at least one of the following categories, as documented:
(i) The worker's income for the previous or annualized calendar year is below the income limit established by HUD.
(ii) The worker is employed by a Section 3 business concern. (iii) The worker is a YouthBuild participant.

3.A.8.b
Packet Pg. 249 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) (2) The status of a Section 3 worker shall not be negatively affected by a prior arrest or conviction. (3) Nothing in this part shall be construed to require the employment of someone who meets this definition of a Section 3 worker. Section 3 workers are not exempt from meeting the qualifications of the position to be filled.

Section 8-assisted housing refers to housing receiving project-based rental assistance or tenantbased assistance under Section 8 of the 1937 Act.

Service area or the neighborhood of the project means an area within one mile of the Section 3 project or, if fewer than 5,000 people live within one mile of a Section 3 project, within a circle centered on the Section 3 project that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census.

Small PHA means a public housing authority that manages or operates fewer than 250 public housing units.

Subcontractor means any entity that has a contract with a contractor to undertake a portion of the contractor's obligation to perform work in connection with the expenditure of public housing financial assistance or for a Section 3 project.

Subrecipient has the meaning provided in the applicable program regulations or in 2 CFR 200.93.

Targeted Section 3 worker has the meanings provided in §§75.11, 75.21, or 75.29, and does not exclude an individual that has a prior arrest or conviction.

Very low-income person means the definition for this term set forth in section 3(b)(2) of the 1937 Act.

YouthBuild programs refers to YouthBuild programs receiving assistance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3226).

Subpart C—Additional Provisions for Housing and Community Development Financial Assistance
§75.19 Requirements.
(a) Employment and training. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to:

3.A.8.b
Packet Pg. 250 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) (i) Section 3 workers residing within the service area or the neighborhood of the project, and (ii) Participants in YouthBuild programs.
(b) Contracting. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the project is located.
(2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section should be given to:
(i) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project, and (ii) YouthBuild programs.
§75.21 Targeted Section 3 worker for housing and community development financial assistance. (a) Targeted Section 3 worker. A Targeted Section 3 worker for housing and community development financial assistance means a Section 3 worker who is:
(1) A worker employed by a Section 3 business concern; or (2) A worker who currently fits or when hired fit at least one of the following categories, as documented within the past five years:
(i) Living within the service area or the neighborhood of the project, as defined in §75.5; or (ii) A YouthBuild participant.
(b) [Reserved]
§75.23 Section 3 safe harbor.
(a) General. Recipients will be considered to have complied with requirements in this part, in the absence of evidence to the contrary if they:
(1) Certify that they have followed the prioritization of effort in §75.19; and (2) Meet or exceed the applicable Section 3 benchmark as described in paragraph (b) of this section.
(b) Establishing benchmarks. (1) HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or both through a document published in the FEDERAL REGISTER. HUD may establish a single nationwide benchmark for Section 3 workers and a single nationwide

3.A.8.b
Packet Pg. 251 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) benchmark for Targeted Section 3 workers, or may establish multiple benchmarks based on geography, the nature of the Section 3 project, or other variables. HUD will update the benchmarks through a document published in the FEDERAL REGISTER, subject to public comment, not less frequently than once every 3 years. Such notice shall include aggregate data on labor hours and the proportion of recipients meeting benchmarks, as well as other metrics reported pursuant to §75.25 as deemed appropriate by HUD, for the 3 most recent reporting years. (2) In establishing the Section 3 benchmarks, HUD may consider the industry averages for labor hours worked by specific categories of workers or in different localities or regions; averages for labor hours worked by Section 3 workers and Targeted Section 3 workers as reported by recipients pursuant to this section; and any other factors HUD deems important. In establishing the Section 3 benchmarks, HUD will exclude professional services from the total number of labor hours as such hours are excluded from the total number of labor hours to be reported per §75.25(a)(4). (3) Section 3 benchmarks will consist of the following two ratios:
(i) The number of labor hours worked by Section 3 workers divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year. (ii) The number of labor hours worked by Targeted Section 3 workers as defined in §75.21(a), divided by the total number of labor hours worked by all workers on a Section 3 project in the recipient's program year.
§75.25 Reporting.
(a) Reporting of labor hours. (1) For Section 3 projects, recipients must report in a manner prescribed by HUD:
(i) The total number of labor hours worked;
(ii) The total number of labor hours worked by Section 3 workers; and (iii) The total number of labor hours worked by Targeted Section 3 workers. (2) Section 3 workers' and Targeted Section 3 workers' labor hours may be counted for five years from when their status as a Section 3 worker or Targeted Section 3 worker is established pursuant to §75.31.
(3) The labor hours reported under paragraph (a)(1) of this section must include the total number of labor hours worked on a Section 3 project, including labor hours worked by any subrecipients, contractors and subcontractors that the recipient is required, or elects pursuant to paragraph (a)(4) of this section, to report.
(4) Recipients reporting under this section, as well as subrecipients, contractors and subcontractors who report to recipients, may report labor hours by Section 3 workers, under paragraph (a)(1)(ii) of this section, and labor hours by Targeted Section 3 workers, under paragraph (a)(1)(iii) of this section, from professional services without including labor hours from professional services in the

3.A.8.b
Packet Pg. 252 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) total number of labor hours worked under paragraph (a)(1)(i) of this section. If a contract covers both professional services and other work and the recipient or contractor or subcontractor chooses not to report labor hours from professional services, the labor hours under the contract that are not from professional services must still be reported.
(5) Recipients may report their own labor hours or that of a subrecipient, contractor, or subcontractor based on the employer's good faith assessment of the labor hours of a full-time or parttime employee informed by the employer's existing salary or time and attendance based payroll systems, unless the project or activity is otherwise subject to requirements specifying time and attendance reporting.
(b) Additional reporting if Section 3 benchmarks are not met. If the recipient's reporting under paragraph (a) of this section indicates that the recipient has not met the Section 3 benchmarks described in §75.23, the recipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. Such qualitative efforts may, for example, include but are not limited to the following:
(1) Engaged in outreach efforts to generate job applicants who are Targeted Section 3 workers. (2) Provided training or apprenticeship opportunities.
(3) Provided technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
(4) Provided or connected Section 3 workers with assistance in seeking employment including:
drafting resumes, preparing for interviews, and finding job opportunities connecting residents to job placement services.
(5) Held one or more job fairs.
(6) Provided or referred Section 3 workers to services supporting work readiness and retention (e.g., work readiness activities, interview clothing, test fees, transportation, child care). (7) Provided assistance to apply for/or attend community college, a four-year educational institution, or vocational/technical training.
(8) Assisted Section 3 workers to obtain financial literacy training and/or coaching. (9) Engaged in outreach efforts to identify and secure bids from Section 3 business concerns. (10) Provided technical assistance to help Section 3 business concerns understand and bid on contracts.
(11) Divided contracts into smaller jobs to facilitate participation by Section 3 business concerns. (12) Provided bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.

3.A.8.b
Packet Pg. 253 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) (13) Promoted use of business registries designed to create opportunities for disadvantaged and small businesses.
(14) Outreach, engagement, or referrals with the state one-stop system as defined in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. (c) Reporting frequency. Unless otherwise provided, recipients must report annually to HUD under paragraph (a) of this section, and, where required, under paragraph (b) of this section, on all projects completed within the reporting year in a manner consistent with reporting requirements for the applicable HUD program.
§75.27 Contract provisions.
(a) Recipients must include language applying Section 3 requirements in any subrecipient agreement or contract for a Section 3 project.
(b) Recipients of Section 3 funding must require subrecipients, contractors, and subcontractors to meet the requirements of §75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.

Subpart D—Provisions for Multiple Funding Sources, Recordkeeping, and Compliance
§75.29 Multiple funding sources.
(a) If a housing rehabilitation, housing construction or other public construction project is subject to Section 3 pursuant to §75.3(a)(1) and (2), the recipient must follow subpart B of this part for the public housing financial assistance and may follow either subpart B or C of this part for the housing and community development financial assistance. For such a project, the following applies:
(1) For housing and community development financial assistance, a Targeted Section 3 worker is any worker who meets the definition of a Targeted Section 3 worker in either subpart B or C of this part; and
(2) The recipients of both sources of funding shall report on the housing rehabilitation, housing construction, or other public construction project as a whole and shall identify the multiple associated recipients. PHAs and other recipients must report the following information:
(i) The total number of labor hours worked on the project; (ii) The total number of labor hours worked by Section 3 workers on the project; and (iii) The total number of labor hours worked by Targeted Section 3 workers on the project. (b) If a housing rehabilitation, housing construction, or other public construction project is subject to Section 3 because the project is assisted with funding from multiple sources of housing and community development assistance that exceed the thresholds in §75.3(a)(2), the recipient or recipients

3.A.8.b
Packet Pg. 254 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) must follow subpart C of this part, and must report to the applicable HUD program office, as prescribed by HUD.
§75.31 Recordkeeping.
(a) HUD shall have access to all records, reports, and other documents or items of the recipient that are maintained to demonstrate compliance with the requirements of this part, or that are maintained in accordance with the regulations governing the specific HUD program by which the Section 3 project is governed, or the public housing financial assistance is provided or otherwise made available to the recipient, subrecipient, contractor, or subcontractor. (b) Recipients must maintain documentation, or ensure that a subrecipient, contractor, or subcontractor that employs the worker maintains documentation, to ensure that workers meet the definition of a Section 3 worker or Targeted Section 3 worker, at the time of hire or the first reporting period, as follows:
(1) For a worker to qualify as a Section 3 worker, one of the following must be maintained:
(i) A worker's self-certification that their income is below the income limit from the prior calendar year;
(ii) A worker's self-certification of participation in a means-tested program such as public housing or Section 8-assisted housing;
(iii) Certification from a PHA, or the owner or property manager of project-based Section 8- assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs;
(iv) An employer's certification that the worker's income from that employer is below the income limit when based on an employer's calculation of what the worker's wage rate would translate to if annualized on a full-time basis; or
(v) An employer's certification that the worker is employed by a Section 3 business concern. (2) For a worker to qualify as a Targeted Section 3 worker, one of the following must be maintained:
(i) For a worker to qualify as a Targeted Section 3 worker under subpart B of this part:
(A) A worker's self-certification of participation in public housing or Section 8-assisted housing programs;
(B) Certification from a PHA, or the owner or property manager of project-based Section 8- assisted housing, or the administrator of tenant-based Section 8-assisted housing that the worker is a participant in one of their programs;
(C) An employer's certification that the worker is employed by a Section 3 business concern; or

3.A.8.b
Packet Pg. 255 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds) (D) A worker's certification that the worker is a YouthBuild participant. (ii) For a worker to qualify as a Targeted Section 3 worker under subpart C of this part:
(A) An employer's confirmation that a worker's residence is within one mile of the work site or, if fewer than 5,000 people live within one mile of a work site, within a circle centered on the work site that is sufficient to encompass a population of 5,000 people according to the most recent U.S. Census; (B) An employer's certification that the worker is employed by a Section 3 business concern; or (C) A worker's self-certification that the worker is a YouthBuild participant. (c) The documentation described in paragraph (b) of this section must be maintained for the time period required for record retentions in accordance with applicable program regulations or, in the absence of applicable program regulations, in accordance with 2 CFR part 200. (d) A PHA or recipient may report on Section 3 workers and Targeted Section 3 workers for five years from when their certification as a Section 3 worker or Targeted Section 3 worker is established. §75.33 Compliance.
(a) Records of compliance. Each recipient shall maintain adequate records demonstrating compliance with this part, consistent with other recordkeeping requirements in 2 CFR part 200. (b) Complaints. Complaints alleging failure of compliance with this part may be reported to the HUD program office responsible for the public housing financial assistance or the Section 3 project, or to the local HUD field office.
(c) Monitoring. HUD will monitor compliance with the requirements of this part. The applicable HUD program office will determine appropriate methods by which to oversee Section 3 compliance. HUD may impose appropriate remedies and sanctions in accordance with the laws and regulations for the program under which the violation was found

3.A.8.b
Packet Pg. 256 Attachment: Supplemental Agreement with County of Riverside (Supplemental Agreement for the use of CDBG Funds)

EXHIBIT A
File No.: 3.SJ.09-22

SUPPLEMENTAL AGREEMENT

SCOPE OF WORK
(NON-PUBLIC SERVICE)
I. GENERAL INFORMATION
CITY NAME: City of San Jacinto UEI #: YKMMJY13JEE1
ADDRESS: 595 S. San Jacinto Avenue

San Jacinto, CA 92583
PROGRAM CONTACTS: Robert Johnson, City Manager
PHONE: 951-487-7330 FAX:

E-MAIL: [email protected]
PROJECT NAME: Mistletoe Park Restroom Facility Improvement Project PROJECT LOCATION: 421 S. Mistletoe Avenue, San Jacinto, CA 92583 LEVEL OF ENVIRONMENTAL CLEARANCE: Categorical Exclusion CDBG ELIGIBILITY CODE: 570.201 (c)
PROJECT FUNDING SUMMARY: $480,000
Project to be administered by County (HWS) on behalf of City: YES NO II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2022-2023 Community Development Block Grant for the Mistletoe Park Restroom Facility Improvement Project in a manner satisfactory to the County of Riverside and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the Community Development Block Grant program:

Activity #1 The City of San Jacinto will use CDBG funds to pay for the cost associated with the ADA improvements to the Mistle Park Restroom facility. Eligible cost consists of engineering, project administration, soil test, construction, and other project-related costs. Mistletoe Park Restroom Facility Improvement Project

3.A.8.c
Packet Pg. 257 Attachment: Supplemntal Agreement Scope of Work (Supplemental Agreement for the use of CDBG Funds)

EXHIBIT A
File No.: 3.SJ.09-22

B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program’s National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out under this Agreement will meet the following National Objective:

National Objective Criteria: 570.208 (a)(1)(i)
CFR Reference: Low Mod Area
C. Levels of Accomplishment – Goals and Performance Measures The City agrees to implement and complete the following activity(ies):

Activity #1: ADA improvements
Activity #2: Engineering, project administration, soil test, construction, and other project-related expenses.

CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): Creating Suitable Living Environments Providing Decent Affordable Housing
Creating Economic Opportunities
Outcome (select one): Availability/Accessibility
Affordability
Sustainability (promoting livable or viable communities) D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and sufficient amount of financial resources necessary to implement and carry out the activities funded with CDBG funds.

City will immediately notify County of any significant changes in organizational management, assigned staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact the City or subrecipient’s performance under this Agreement.

Any changes in the above items are subject to the prior approval of the County.

E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and performance standards as stated above. Substandard performance as determined by the County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, contract suspension or termination procedures will be initiated.

3.A.8.c
Packet Pg. 258 Attachment: Supplemntal Agreement Scope of Work (Supplemental Agreement for the use of CDBG Funds)

EXHIBIT A
File No.: 3.SJ.09-22

F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement shall not exceed $480,000 Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in this Section and in accordance with performance. Payments may be contingent upon certification of the Subrecipient’s financial management system in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).

The County may require a more detailed budget breakdown than the one contained herein, and the City shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the County. Any amendments to the budget must be approved in writing by both the County and City.

Line Item CDBG Granted
Funds
Total of NonCDBG FundsTotal Activity/Project
Budget
Notes
Design/Engineering Costs X
Project Administration Costs X
Construction Costs X
Acquisition Costs
Relocations Costs
Capital Equipment Costs
Code Enforcement
Clearance
Interim Assistance
Indirect Costs:

TOTAL CDBG BUDGET $480,000

3.A.8.c
Packet Pg. 259 Attachment: Supplemntal Agreement Scope of Work (Supplemental Agreement for the use of CDBG Funds)

EXHIBIT A
File No.: 3.SJ.09-22

G. Total Amount of Non- CDBG Leveraging

TYPE SOURCE AMOUNT SOURCE AMOUNT SOURCE AMOUNT TOTAL

FEDERAL
STATE/LOCAL Local Funds

PRIVATE
OTHER
TOTAL: ___________________
III. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards
The City agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

B. Cost Principles
The City shall administer its program in conformance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200).

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

C. Documentation and Record Keeping

1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

I Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 2 CFR 200; and vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

3.A.8.c
Packet Pg. 260 Attachment: Supplemntal Agreement Scope of Work (Supplemental Agreement for the use of CDBG Funds)

EXHIBIT A
File No.: 3.SJ.09-22

2. Records Retention
The City shall retain all CDBG-related financial records, supporting documents, contracts, and agreements for a period of four (4) years. The retention period begins on the date of the submission of the County’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported for the final time. The City will retain all National Objective documentation, including low-moderate income certification, ethnicity, and other pertinent data for a period of four (4) years after submission of the County’s annual performance and evaluation report to HUD.

Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues.

3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to County monitors or their designees for review upon request.

4. Disclosure
The City understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the County’s or City’s responsibilities with respect to services provided under this contract, is prohibited by applicable federal and State law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Close-outs
The City’s obligation to the County shall not end until all close-out requirements are completed.

Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the County), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.

6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to the County, HUD, and the Controller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the City to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The City hereby agrees to have an annual agency audit conducted in accordance with current County policy concerning subrecipient audits the Single Audit Act, and the Office of Management and Budget (OMB) Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

3.A.8.c
Packet Pg. 261 Attachment: Supplemntal Agreement Scope of Work (Supplemental Agreement for the use of CDBG Funds)

EXHIBIT A
File No.: 3.SJ.09-22

IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre-approved by County, City will perform and complete the activities described in Section II in conformance with the schedule of tasks and milestones listed below:

Tasks / Milestone Start Date Completion Date
Complete CDBG Training September 2022 September 2022
Implement Project Activities Upon Notification from HWS Execute Supplemental Agreement September 2022 November 2022 & Notice to Incur Cost
Tasks / Milestone Start Date Completion Date
Submit Quarterly Performance Reports to County October 2022 Through June 2024 County Monitoring of City Program/Performance To be determined by Program Manager Specific Project Activities

1. City executes Supplemental Agreement; receives Authorization to Incur Cost letter;

2. City prepares final construction documents (incorporating Special Federal Provisions) for HWS review and approval;

3. HWS authorizes City to advertise for bids;

4. HWS reviews and approves bidding process;

5. City awards construction contract;

6. City and HWS conduct “pre-construction meeting”; and

7. HWS authorizes City to issue “Notice to Proceed”.

City Submits Reimbursement Requests: Monthly Submittal
CDBG-funded Project Complete June 30, 2024
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
City must follow proper procurement and construction policies and procedures of the City and CDBG regulations. No construction will shall commence using CDBG funding without prior Notice to Proceed.

Pre-Construction meeting required. City is required to contact the County Program Manager for review prior to submission of RFP, construction activity or cost without prior written approval. County must be contacted 10 days in advance for attendance of Pre-Construction meeting. Original Certified payrolls to be submitted on a weekly basis to County.

3.A.8.c
Packet Pg. 262 Attachment: Supplemntal Agreement Scope of Work (Supplemental Agreement for the use of CDBG Funds) December 6, 2022
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Animal Control Services Contract Extension #2
RECOMMENDATION:

Staff recommends that the City Council APPROVE the contract extension with Ramona Humane Society for animal control and sheltering services for the time period of January 1, 2023- December 31, 2023 (1 year).

DISCUSSION:

The City Council approved the current contract with Ramona Humane Society on December 18, 2018, to provide animal control and sheltering services for the City.

The Contract provides the City Council the option to extend the contract for three (3) additional one-year terms at the time the contract expires, and both parties are agreeable to the extension.

This extension is contingent on the contractor’s successful track record and managed costs over the term of the previous agreement.

In light of the current contract extension expiring on December 31, 2022, staff reached out to Ramona Humane Society regarding a second one (1) year contract extension. Ramona Humane Society will continue to operate under the current contract with no changes in services or costs.

Contract services costs will remain the same as they have for the past four (4) years and shall not exceed the approved amount of three hundred seventeen thousand and two hundred and eighty dollars is ($317,280.00) per year without written approval of the City Council or City Manager as applicable.

FISCAL IMPACT:

Half of the contract costs are already allocated in the current budget. Contract costs after June 30, 2023, would be allocated with the approval of the City’s 2023/2024 budget.

ATTACHMENTS:

Animal Control Contract Extension #2

3.A.9
Packet Pg. 263

22242.00000\29613870.1

CITY OF SAN JACINTO
AMENDMENT NO. 2 TO

ANIMAL CONTROL SERVICES AND SHELTERING AGREEMENT BETWEEN THE CITY OF SAN JACINTO AND THE RAMONA HUMANE SOCIETY, INC.

1. PARTIES AND DATE.

This Second Extension is made and entered into this 1st day of January, 2023 (“Effective Date”) by and between the City of San Jacinto, a municipal corporation organized under the laws of the State of California with its principal place of business at 595 S. San Jacinto Ave., San Jacinto, 92583, County of Riverside, State of California (“City”) and Ramona Humane Society, a California Corporation with its principal place of business at 690 Humane Way, San Jacinto, California 92582 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." Recitals.

The City and Contractor are parties to that certain agreement entitles “Animal Control Services and Sheltering Agreement” dated February 28, 2019 (“Agreement”), whereby the Contractor agreed to, among other things, render services for the City of San Jacinto Animal Control Field and Sheltering Services Contract project (“Project”) as set forth in the Agreement.

2. TERMS.

The term set forth in section 3.1.2 of the Agreement is hereby amended and shall be extended for an additional one (1) year term, to expire on December 31, 2023. The Parties may, by mutual, written consent, further extend the term of the Agreement.

Except as otherwise expressly set forth in this Amendment No. 2, all of the provisions of the Agreement shall remain in full force and effect.
[SIGNATURES ON NEXT PAGE]

3.A.9.a
Packet Pg. 264 Attachment: Animal Control Contract Extension #2 (Animal Control Services Contract Extension #2) City of San Jacinto
Animal Control Field and Sheltering Services
Second Extension

22242.00000\29613870.1
IN WITNESS WHEREOF, the Parties have entered into this First Extension as of the 6th day of December, 2022.

City of San Jacinto Ramona Humane Society, Inc.

By:_________________________________ By: _________________________________ Robert A. Johnson
City Manager Print Name: __________________________
Attest:

Print Title: ___________________________
_________________________________
Julia Espinoza
City Clerk
Approved as to Form:
_________________________________
Michael J. Maurer
City Attorney

3.A.9.a
Packet Pg. 265 Attachment: Animal Control Contract Extension #2 (Animal Control Services Contract Extension #2) December 6, 2022
TO: City Council
REQUESTED BY: Travis Randel, Deputy City Manager, Development Services APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances RECOMMENDATION:

Staff recommends that the City Council:

1. DETERMINE that the Project was analyzed in a previously adopted Environmental Impact Report (EIR) for the General Plan 2040 (SCH#2020120312), certified November 15, 2022, and per California Code of Regulations, Title 14, Section §15162 of the California Environmental Quality Act (CEQA) Guidelines, no changes to the project or its circumstances occur or new information became available after the certification of the EIR, therefore, no further review is required.

2. CONDUCT the Second Reading and ADOPTION of Ordinance No. 22-10 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO, CALIFORNIA, COMPREHENSIVELY
AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE SAN

JACINTO MUNICIPAL CODE

3. CONDUCT the Second Reading and ADOPTION of Ordinance No. 22-11 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO, CALIFORNIA, AMENDING THE ZONING MAP
OF TITLE 17 (DEVELOPMENT CODE) OF THE SAN JACINTO

MUNICIPAL CODE

4. CONDUCT the Second Reading and ADOPTION of Ordinance No. 22-12 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO, CALIFORNIA, REPEALING AND REPLACING
TITLE 16 (SUBDIVISION CODE) OF THE SAN JACINTO

MUNICIPAL CODE IN ITS ENTIRETY

5. CONDUCT the Second Reading and ADOPTION of Ordinance No. 22-13 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, AMENDING CHAPTER 8.40

3.A.10
Packet Pg. 266
(NOISE CONTROL) OF TITLE 8 (HEALTH AND SAFETY CODE)

OF THE SAN JACINTO MUNICIPAL CODE

6. CONDUCT the Second Reading and ADOPTION of Ordinance No. 22-14 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, AMENDING CHAPTER 5.58
(SPECIAL EVENTS) OF TITLE 5 (BUSINESS LICENSES AND

REGULATIONS CODE) OF THE SAN JACINTO MUNICIPAL
CODE

7. CONDUCT the Second Reading and ADOPTION of Ordinance No. 22-15 entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA AMENDING CHAPTER 10.08
(COMMERCIAL VEHICLE ROUTES) OF TITLE 10 (VEHICLES

AND TRAFFIC CODE) OF THE SAN JACINTO MUNICIPAL
CODE
BACKGROUND:

On November 15, 2022, the City Council, after holding a duly noticed Public Hearing, adopted Resolution No. 3950, approving General Plan 2040, a comprehensive update to the City of San Jacinto General Plan. The General Plan 2040 includes an Environmental Impact Report (SCH# 2020120312) that was certified with the adoption of Resolution No. 3949. Resolution No. 3951 was also adopted which approved the Amended 6th Cycle Housing Element. Resolution Nos. 3949, 3950 and 3951 are effective upon adoption (November 15, 2022) (Envision San Jacinto).

As part of the Envision San Jacinto Project, the public hearing also included a number of ordinances necessary to implement various provisions of the General Plan 2040 program. At the conclusion of the Public Hearing, the City Council introduced the following Ordinances:
 Ordinance No. 22-10 to amend Title 17 – Development Code  Ordinance No. 22-11 to amend Title 17 – Zoning Map
 Ordinance No. 22-12 to repeal and replace Title 16 – Subdivision Code  Ordinance No. 22-13 to amend Title 8 – Health and Safety Code  Ordinance No. 22-14 to amend Title 5 – Business Licenses and Regulations Code  Ordinance No. 22-15 to amend Title 10 – Vehicles and Traffic Code The adoption of Resolution Nos. 3949, 3950, 3951, and introduction of Ordinance Nos. 22-10, 22-11, 22-12, 22-13, 22-14, 22-15 were approved by a unanimous vote of 4 ayes to 0 nays (ayes:

Ruiz, Ayala, Ledezma, Heath; absent: Hawkins).

While the Resolutions are effective immediately upon adoption, the associated Ordinances require both a first reading (introduction) and second reading (adoption) and are effective 30

3.A.10
Packet Pg. 267
days thereafter. If approved by the City Council, these Ordinances would be effective January 6, 2023.

The proposed Ordinances are intended to implement various provisions of the General Plan 2040 program and necessary to ensure consistency between the various Titles of the Municipal Code and the recently adopted General Plan.

The attached exhibits are the “clean” version of the redline strikeout exhibits included in the November 15, 2022, City Council Staff Report. Minor edits and formatting were completed by staff to ensure consistency throughout the document; however, no substantive changes were made.

For more information on the General Plan 2040 Program, the associated Municipal Code Updates, or to obtain a copy of the November 15, 2022, City Council Staff Report (including all exhibits), please visit the City website at www.sanjacintoca.gov, or the meeting agenda website at https://sanjacintoca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1332.

FISCAL IMPACT:

The Envision San Jacinto – General Plan 2040 Program, including all incidental and ancillary actions, is funded by CIP 18-006, Fund 199-9999-425.40-01. Therefore, approval of the Project will have no impact on the General Fund.

ATTACHMENTS:

Ordinance No. 22-10 - Title 17 (Development Code)
Ordinance No. 22-10 - Exhibit "A" - Article 1
Ordinance No. 22-10 - Exhibit "B" - Article 2
Ordinance No. 22-10 - Exhibit "C" - Article 3
Ordinance No. 22-10 - Exhibit "D" - Article 4
Ordinance No. 22-10 - Exhibit "E" - Article 5
Ordinance No. 22-10 - Exhibit "F" - Article 6
Ordinance No. 22-10 - Exhibit "G" - Article 7
Ordinance No. 22-10 - Exhibit "H" - Article 8
Ordinance No. 22-11 - Zoning Map - Title 17 (Development Code) Ordinance No. 22-11 - Exhibit "A" - Zoning Map
Ordinance No. 22-12 - Title 16 (Subdivision Code)
Ordinance No. 22-12 - Exhibit "A" - Subdivision Code
Ordinance No. 22-13 - Chapter 8.40 (Noise Control)
Ordinance No. 22-13 - Exhibit "A" - Noise Control
Ordinance No. 22-14 - Chapter 5.58 (Special Events)
Ordinance No. 22-14 - Exhibit "A" - Special Events
Ordinance No. 22-15 - Chapter 10.08 (Commercial Vehicle Routes)

3.A.10
Packet Pg. 268
Ordinance No. 22-15 - Exhibit "A" - Commercial Vehicle Routes

3.A.10
Packet Pg. 269
Ordinance No. 22-10

STATE OF CALIFORNIA ) ORDINANCE NO. 22-10

COUNTY OF RIVERSIDE )

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO, CALIFORNIA COMPREHENSIVELY
AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE

SAN JACINTO MUNICIPAL CODE
WHEREAS, state law requires the City of San Jacinto (“City”) to adopt and maintain a general plan that contains certain mandatory elements, describes the City’s long-term goals, and develops policies and programs to achieve those goals; and WHEREAS, the City’s General Plan was originally adopted in 1985 and has been subsequently updated and amended to address changing economic, environmental, social, legal, and other conditions in the City; and
WHEREAS, the City in late 2018 initiated the process of updating the City’s General Plan by approving a work plan and schedule, undertaking public meetings, and conducting public workshops; and
WHEREAS, following this process, on November 15, 2022, the City Council adopted Resolution No. 3950 to adopt the General Plan 2040; and WHEREAS, on November 15, 2022, the City Council also adopted Resolution No. 3949 to certify the Final Environmental Impact Report (“Final EIR”) for the General Plan 2040 and Resolution No. 3951 to adopt the Amended 6th Cycle Housing Element (2021- 2029) as part of the General Plan 2040; and
WHEREAS, the City Council has determined that certain changes to the San Jacinto Municipal Code are necessary and appropriate in order to implement the newlyadopted General Plan 2040, including the Amended 6 th Cycle Housing Element (2021-
2029); and
WHEREAS, General Plan 2040 Land Use Action LU-1a states that the City shall “update the City’s Development Code and Zoning Map as appropriate to ensure consistency with this land use element and designations shown on Figure LU-2. As part of the update, create new zoning districts to implement the City’s new Downtown Village, Mixed-Use, and Very High Density Residential land use designations”; and WHEREAS, General Plan 2040 Land Use Action LU-1b states that the City shall “review the Development Code and update as appropriate to reflect Land Use goals, policies, and implementation actions included in this Plan”; and WHEREAS, General Plan 2040 Land Use Action LU-1c states that the City shall “review the Subdivision Code and update as appropriate to accommodate the changes in

3.A.10.a
Packet Pg. 270 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

the Development Code and the Land Use goals, policies, and implementation actions included in this Plan”; and
WHEREAS, General Plan 2040 Land Use Action LU-4a states that the City shall “update the City’s Development Code and Zoning Map as appropriate to ensure consistency with this land use element and designations shown on Figure LU-2. As part of the update, create new zoning districts to implement the City’s new Downtown Village and Mixed-Use land use designations”; and
WHEREAS, General Plan 2040 Land Use Action LU-5c states that the City shall “evaluate and amend the development and design standards of the Development Code to regulate new construction and revisions to existing buildings. In particular, new development standards shall be created for Mixed-Use Land Use Designations (MixedUse and Downtown Village)”; and WHEREAS, General Plan 2040 Economic Development Action ED-1d states that the City shall “maintain a Development Code that supports investment and innovation in the City”; and
WHEREAS, General Plan 2040 Mobility Action M-5b states that the City shall “as part of the City’s Development Code Update to implement the General Plan 2040, develop a shared parking methodology to be implemented for retail and mixed-use projects that encourages flexibility while still meeting anticipated demand.”; and WHEREAS, specifically, the City Council wishes to make certain amendments to Title 17 (Development Code) of the San Jacinto Municipal Code as further set forth in Exhibit “A” through Exhibit “H” to this Ordinance, which is attached hereto and incorporated herein by this reference; and
WHEREAS, on October 25, 2022, the Planning Commission adopted Planning Commission Resolution No. 22-02, in relevant part, recommending the introduction and adoption of this Ordinance for the implementation of the General Plan 2040, including the Amended Housing Element (2021-2029); and
WHEREAS, on November 15, 2022, the City Council held duly noticed public hearings on this Ordinance; and
WHEREAS¸ the City published notice of its Planning Commission and City Council public hearings in the Press Enterprise, a newspaper of general circulation; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have been satisfied.

NOW, THEREFORE, the City Council of the City of San Jacinto hereby finds, determines, and resolves as follows:

3.A.10.a
Packet Pg. 271 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Ordinance by this reference.

SECTION 2. The City Council has certified the Final EIR pursuant to the California Environmental Quality Act and adopted Findings of Fact and a Statement of Overriding Considerations for the General Plan 2040. The City Council hereby incorporates by reference, as if fully set forth herein, the Resolution certifying the Final EIR and adopting the Findings of Fact, and Statement of Overriding Considerations for the General Plan 2040.

SECTION 3. Article 1 (Development Code Authority and Applicability) of Title 17 (Development Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “A”, which is attached hereto and incorporated herein by this reference.

SECTION 4. Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards) of Title 17 (Development Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “B”, which is attached hereto and incorporated herein by this reference.

SECTION 5. Article 3 (Site Planning and Development Standards) of Title 17 (Development Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “C”, which is attached hereto and incorporated herein by this reference.

SECTION 6. Article 4 (Standards for Specific Land Uses) of Title 17 (Development Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “D”, which is attached hereto and incorporated herein by this reference.

SECTION 7. Article 5 (Resource Management) of Title 17 (Development Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “E”, which is attached hereto and incorporated herein by this reference.

SECTION 8. Article 6 (Permit Procedures) of Title 17 (Development Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “F”, which is attached hereto and incorporated herein by this reference.

SECTION 9. Article 7 (Administration) of Title 17 (Development Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “G”, which is attached hereto and incorporated herein by this reference.

SECTION 10. Article 8 (Definitions) of Title 17 (Development Code) of the San Jacinto Municipal Code is hereby amended as set forth in Exhibit “H”, which is attached hereto and incorporated herein by this reference.

SECTION 11. The City Council hereby authorized the City Manager or his or her designee is authorized to make minor modifications to the Development Code to address comments provided by the Department of Housing and Community Development on the

3.A.10.a
Packet Pg. 272 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

City's 2021-2029 Housing Element, provided that the modifications would not exceed the total amount of development accommodated by the Housing Element prior to revisions and would not result in any new actions by the City that would require a General Fund commitment of $20,000 or greater; and to address inconsistencies, formatting, and other non-substantive changes including, but not limited to, structure, numbering, formatting, errors and omissions, non-sequiturs, etc.

SECTION 12. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk.

SECTION 13. 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 of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 14. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 15. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933.

Introduced at a regular meeting of the City Council of the City of San Jacinto held on November 15, 2022.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the 6
th day of December 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

3.A.10.a
Packet Pg. 273 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

CITY OF SAN JACINTO:
_____________________________
Crystal Ruiz, Mayor
ATTEST:
______________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney

3.A.10.a
Packet Pg. 274 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE) SS

CITY OF SAN JACINTO)
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Ordinance No. 22-10 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 15th day of November 2022.

Ordinance No. 22-10 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 6 th day of
December 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND SEAL the 6
th day of December, 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto

3.A.10.a
Packet Pg. 275 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

EXHIBIT “A”
AMENDMENTS TO ARTICLE 1 (DEVELOPMENT CODE AUTHORITY AND APPLICABILITY) OF TITLE 17 (DEVELOPMENT CODE) OF THE SAN JACINTO

MUNICIPAL CODE

3.A.10.a
Packet Pg. 276 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

EXHIBIT “B”
AMENDMENTS TO ARTICLE 2 (ZONES, ALLOWABLE LAND USES, AND ZONE SPECIFIC STANDARDS) OF TITLE 17 (DEVELOPMENT CODE) OF THE SAN

JACINTO MUNICIPAL CODE

3.A.10.a
Packet Pg. 277 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

EXHIBIT “C”
AMENDMENTS TO ARTICLE 3 (SITE PLANNING AND DEVELOPMENT
STANDARDS) OF TITLE 17 (DEVELOPMENT CODE) OF THE SAN JACINTO

MUNICIPAL CODE

3.A.10.a
Packet Pg. 278 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

EXHIBIT “D”
AMENDMENTS TO ARTICLE 4 (STANDARDS FOR SPECIFIC LAND USES) OF TITLE 17 (DEVELOPMENT CODE) OF THE SAN JACINTO MUNICIPAL CODE

3.A.10.a
Packet Pg. 279 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

EXHIBIT “E”
AMENDMENTS TO ARTICLE 5 (RESOURCE MANAGEMENT) OF TITLE 17 (DEVELOPMENT CODE) OF THE SAN JACINTO MUNICIPAL CODE

3.A.10.a
Packet Pg. 280 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

EXHIBIT “F”
AMENDMENTS TO ARTICLE 6 (PERMIT PROCEDURES) OF TITLE 17 (DEVELOPMENT CODE) OF THE SAN JACINTO MUNICIPAL CODE

3.A.10.a
Packet Pg. 281 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

EXHIBIT “G”
AMENDMENTS TO ARTICLE 7 (ADMINISTRATION) OF TITLE 17
(DEVELOPMENT CODE) OF THE SAN JACINTO MUNICIPAL CODE

3.A.10.a
Packet Pg. 282 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) Ordinance No. 22-10

EXHIBIT “H”
AMENDMENTS TO ARTICLE 8 (DEFINITIONS) OF TITLE 17 (DEVELOPMENT

CODE) OF THE SAN JACINTO MUNICIPAL CODE

3.A.10.a
Packet Pg. 283 Attachment: Ordinance No. 22-10 - Title 17 (Development Code) (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ARTICLE 1 DEVELOPMENT CODE AUTHORITY & APPLICABILITY
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 1-1 Article 1
Development Code Authority and Applicability
Table of Contents
Page
Chapter 17.100 — Purpose and Effect of Development Code........................................................1-2

17.100.010 — Title ...........................................................................................................................1-2

17.100.020 — Adoption..................................................................................................................1-2

17.100.030 — Purpose and Intent of Development Code .........................................................1-2

17.100.040 — Authority, Relationship to General Plan.............................................................1-3

17.100.050 — Responsibility for Administration........................................................................1-3

17.100.060 — Applicability of Development Code ....................................................................1-4

17.100.070 — Partial Invalidation of Development Code .........................................................1-5

17.100.080 — Use of Headings......................................................................................................1-5

17.100.090 — Effect of Development Code Amendments on Projects in Progress ...............1-5 Chapter 17.105 — Interpretation of Regulations..............................................................................1-7

17.105.010 — Purpose of Chapter.................................................................................................1-7

17.105.020 — Rules of Interpretation ...........................................................................................1-7

17.105.030 — Procedures for Interpretations............................................................................1-10

17.105.040 — Official Version of Development Code..............................................................1-11

3.A.10.b
Packet Pg. 284 Attachment: Ordinance No. 22-10 - Exhibit "A" - Article 1 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.100 PURPOSE & EFFECT OF DEVELOPMENT CODE
1-2 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.100 — Purpose and Effect of Development Code Sections:

17.100.010 — Title

17.100.020 — Adoption

17.100.030 — Purpose and Intent of Development Code

17.100.040 — Authority, Relationship to General Plan

17.100.050 — Responsibility for Administration

17.100.060 — Applicability of Development Code

17.100.070 — Partial Invalidation of Development Code

17.100.080 — Use of Headings

17.100.090 — Effect of Development Code Amendments on Projects in Progress

17.100.010 — Title
Title 17 of the San Jacinto Municipal Code constitutes the City of San Jacinto Development Code, hereafter referred to as “this Development Code.”

17.100.020 — Adoption
This Development Code is adopted to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources.

17.100.030 — Purpose and Intent of Development Code
This Development Code carries out the policies of the San Jacinto General Plan by classifying and regulating the uses of land and structures within the City, consistent with the General Plan.

More specifically, the purposes of this Development Code are to:

A. Maintain community character. Provide standards and guidelines for the continuing orderly growth and development of the City that will assist in protecting the character and community identity of San Jacinto;
B. Conserve resources. Conserve and protect the City’s natural beauty and setting, including its hills and trees, historic and environmental resources, scenic vistas, and waterways;
C. Regulate pattern of land uses. Create a comprehensive and stable pattern of land uses upon which to plan energy, sewage, transportation, water supply, and other public facilities and utilities;

3.A.10.b
Packet Pg. 285 Attachment: Ordinance No. 22-10 - Exhibit "A" - Article 1 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) PURPOSE & EFFECT OF DEVELOPMENT CODE 17.100
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 1-3 D. Avoid congestion. Minimize motor vehicle congestion by promoting suitable pedestrian-oriented development, safe and effective traffic circulation, and adequate offstreet parking facilities; and E. Ensure compatibility between land uses. Ensure compatibility between different types of development and land use.

17.100.040 — Authority, Relationship to General Plan
A. Authority. The regulations within this Development Code are enacted based on the authority vested in the City of San Jacinto by the State of California, including but not limited to: the California Constitution; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.); and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).

B. Consistency with General Plan. This Development Code is a primary tool used by the City to carry out the goals, objectives, and policies of the San Jacinto General Plan, which is the City’s overall policy document. The San Jacinto City Council intends that all provisions of this Development Code be consistent with the General Plan and that any development, land use, or subdivision, approved in compliance with these regulations also be consistent with the General Plan.

C. Relationship to the California Environmental Quality Act. When a project is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of this title, Public Resources Code Section 21000 et seq., Section 15000 et seq. of Title 14 of the California Code of Regulations (the CEQA Guidelines), and any environmental guidelines or regulations adopted by the City of San Jacinto.

17.100.050 — Responsibility for Administration
A. Responsible bodies and individuals. This Development Code shall be administered by: the San Jacinto City Council, hereafter referred to as the "Council;" the Planning Commission, hereafter referred to as the "Commission;" the Planning & Community Development Director, hereafter referred to as the "Director;" and the Planning Department, hereafter referred to as the "Department." See Table 6-1 (Review Authority) in Chapter 17.600 (Permit Application Filing and Processing).

B. Exercise of discretion. In the event that a provision of this Development Code allows the review authority (designated City official or body) for a permit or other decision to exercise discretion in the application of a specific standard or requirement to a project, but does not identify specific criteria for a decision, the discretion shall be based on the following criteria:

3.A.10.b
Packet Pg. 286 Attachment: Ordinance No. 22-10 - Exhibit "A" - Article 1 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.100 PURPOSE & EFFECT OF DEVELOPMENT CODE
1-4 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

1. The proposed project complies with all applicable provisions of this Development Code;

2. The exercise of discretion will act to improve the compatibility of the proposed project with its site, surrounding properties, and the community, to a greater extent than if discretion were not exercised;

3. The manner in which discretion is exercised will result in a more practical application of the provisions of this Development Code given specific characteristics of the site and its surroundings than if discretion were not exercised; and

4. The decision is consistent with the General Plan, any applicable specific plan, or any other applicable regulation or standard.

17.100.060 — Applicability of Development Code
This Development Code applies to all land uses, subdivisions, and development within the City of San Jacinto, as provided by this Section.

A. Compliance required. No structure shall be altered, erected, or reconstructed in any manner, nor shall any structure or land be used for any purpose, other than as allowed by this Development Code.

B. Subdivisions. A subdivision of land proposed within the City after the effective date of the ordinance adopting this Development Code, or amendments thereto, shall comply with the requirements of Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), other applicable requirements of this Development Code, and Municipal Code Title 16 (Subdivisions).

C. Continuation of an existing land use. An existing land use is lawful and not in violation of this Development Code only when operated and maintained in compliance with applicable provisions of this Development Code and any condition(s) imposed on a discretionary application, including Chapter 17.705 (Nonconforming Parcels, Structures, and Uses,). However, the requirements of this Development Code are not retroactive in their effect on a land use that was lawfully established before the effective date of the ordinance adopting this Development Code or any applicable amendment, except as otherwise provided by Chapter 17.705 (Nonconforming Parcels, Structures, and Uses).

D. Minimum requirements. The provisions of this Development Code shall be considered the minimum requirements for the promotion of the public health, safety, and general welfare. When this Development Code provides for discretion on the part of a review authority, the discretion may be exercised to impose more stringent requirements than required by this Development Code, as determined by the applicable review authority

3.A.10.b
Packet Pg. 287 Attachment: Ordinance No. 22-10 - Exhibit "A" - Article 1 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) PURPOSE & EFFECT OF DEVELOPMENT CODE 17.100
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 1-5 to be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this Development Code.

E. Conflicting requirements. Conflicts between different requirements of this Development Code, or between this Development Code and other regulations, shall be resolved in compliance with Section 17.105.020 (Rules of Interpretation).

F. Other requirements may apply. Nothing in this Development Code eliminates the need for obtaining other permits required by the City, or a permit, approval, or entitlement required by another applicable special district or agency, or other approvals required by the regulations of a State or Federal agency. The City shall not issue any permit, business license, or other approval if the structure or land use would violate the provisions of this Development Code. Permits issued in error shall be void.

G. Graffiti abatement. For provisions governing graffiti abatement and the approval of discretionary permits (e.g., Site Plan and Design Review, Conditional Use Permits, Variances, etc.), see Municipal Code Section 9.12.060 Graffiti abatement-A condition to issuance of city permits and approval).

H. Application to City Project. Notwithstanding any lawful exemptions to zoning regulations, the provisions of this title, except for the provisions of Chapter 17.325 (Water Efficient Landscaping and Irrigation), shall not apply to any buildings, improvements, lots or premises, owned, leased operated or controlled by the City or any City Project for public purposes by the City of San Jacinto.

17.100.070 — Partial Invalidation of Development Code
If a portion of this Development Code is for any reason held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity, effectiveness, or enforceability of the remaining portions of this Development Code.

17.100.080 — Use of Headings
The headings of the Chapters, Sections, Subsections, Subparagraphs, and clauses of this Development Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and in no way define, limit, or enlarge the scope or meaning of this Development Code or its provisions.

17.100.090 — Effect of Development Code Amendments on Projects in Progress The enactment of this Development Code, or an amendment to this Development Code, may have the effect of imposing different standards on a new land use than those that applied to existing development. (For example, this Development Code or a future amendment could require more off-street parking spaces for a particular land use than former regulations.) The following provisions determine how the requirements of this Development Code will apply to a

3.A.10.b
Packet Pg. 288 Attachment: Ordinance No. 22-10 - Exhibit "A" - Article 1 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.100 PURPOSE & EFFECT OF DEVELOPMENT CODE
1-6 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 development project that is in progress at the time this Development Code or an amendment goes into effect.

A. Application complete. A planning permit application (Article 6 [Permit Procedures]), which has been accepted by the Department as complete before the effective date of this Development Code or any amendment, shall be processed in compliance with the requirements in effect when the application was accepted as complete.

B. Project under construction. A project for which a Building Permit has been issued under the provisions of earlier ordinances of the City which are in conflict with this Development Code, and on which substantial construction has been performed by integration of materials on the site before the effective date of this Development Code, nevertheless may be continued and completed in compliance with the plans and specifications upon which the permit was issued.

C. Subdivision maps. Subdivision maps shall be processed in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Municipal Code Title 16 (Subdivisions).

3.A.10.b
Packet Pg. 289 Attachment: Ordinance No. 22-10 - Exhibit "A" - Article 1 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) INTERPRETATION OF REGULATIONS 17.105
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 1-7 Chapter 17.105 — Interpretation of Regulations
Sections:

17.105.010 — Purpose of Chapter

17.105.020 — Rules of Interpretation

17.105.030 — Procedures for Interpretations

17.105.040 — Official Version of Development Code

17.105.010 — Purpose of Chapter
This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the requirements of this Development Code and the General Plan.

17.105.020 — Rules of Interpretation
A. Authority. The Director has the authority to interpret any provision of this Development Code. Whenever the Director determines that the meaning or applicability of a Development Code requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Commission for its determination. A decision of the Director may be appealed in compliance with Chapter 17.715 (Appeals).

B. Language. When used in this Development Code, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including, but not limited to…"
C. Calculations.

1. Residential density. When the number of dwelling units allowed on a site is calculated based on density limits established by a zone, any fraction of a unit shall be rounded down to the next lowest whole number. For example, within a residential zone that allows 14 dwelling units per net acre of site area, a site of 8,500 square feet would be allowed two dwelling units (du).

Example: 8,500 sq. ft. / 43,560 sq. ft. = 0.195 acres;

0.195 acres x 14 du/acre = 2.730 du, rounded down to 2 du

3.A.10.b
Packet Pg. 290 Attachment: Ordinance No. 22-10 - Exhibit "A" - Article 1 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.105 INTERPRETATION OF REGULATIONS
1-8 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

2. Minimum lot area and number of parcels. The fractional/decimal results of calculations of the number of housing units allowed within a zone shall be rounded down to the next lowest whole number.

3. All other calculations. For all other calculations required by this Development Code, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, unless otherwise specified.

D. Time limits. Whenever a number of days is specified in this Development Code, or in a permit, condition of approval, or notice provided in compliance with this Development Code, the number of days shall be construed as calendar days. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a weekend, State holiday, or other day the City is not open for business.

E. State law requirements. Where this Development Code refers to provisions of State law (for example, the California Government Code, Map Act, Public Resources Code, etc.), the references shall be interpreted to be to the applicable State law provisions as they may be amended from time to time.

F. Conflicting requirements.

1. Development Code and Municipal Code provisions. If conflicts occur between requirements of this Development Code, or between this Development Code and the San Jacinto Municipal Code, or other regulations of the City, the most restrictive shall apply.

2. Development agreements or specific plans. If conflicts occur between the requirements of this Development Code and standards adopted as part of an applicable development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.

3. Private agreements. This Development Code and its requirements shall not interfere with, repeal, abrogate, or annul any covenant, easement, or other agreement that existed at the time, or was entered into after, this Development Code became effective. This Development Code applies to all land uses and development, regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, Conditions, Covenants, and Restrictions), without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party or an express third-party beneficiary to the covenant or agreement.

3.A.10.b
Packet Pg. 291 Attachment: Ordinance No. 22-10 - Exhibit "A" - Article 1 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) INTERPRETATION OF REGULATIONS 17.105
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 1-9 G. Allowable uses of land. See Section 17.205.030 (Allowable Land Uses and Permit Requirements).

H. Unlisted uses of land. If a proposed use of land is not specifically listed in Table 2-2, the use shall not be allowed in the applicable zone, except as provided below for similar uses:

1. Director’s determination. The Director may determine that a proposed use not listed may be allowed as a permitted or conditional use, in compliance with Section 17.105.030 (Procedures for Interpretations), below. In making this determination, the Director shall first find that:
a. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, traffic generation, parking, dust, noise, or intensity than the uses listed in the zone;
b. The proposed use will meet the purpose and intent of the zone that is applied to the site;
c. The proposed use will be consistent with the goals, objectives, and policies of the General Plan or any applicable specific plan; and d. The proposed use is not listed as allowable in another zone.

2. Applicable standards and permit requirements. When the Director determines that a proposed but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of this Development Code apply.

I. Zoning Map boundaries. If there is uncertainty about the location of a zone boundary shown on the official Zoning Map adopted in compliance with Section 17.200.030 (Zoning Map Adopted), the Director shall determine the location of the boundary as follows:

1. Where a district boundary approximately follows a lot line or an alley or street line, the lot line, alley centerline, or street centerline shall be construed as the district boundary, as applicable;

2. If a district boundary divides a parcel and the boundary line location is not specified by distances indicated on the Zoning Map, the location of the boundary will be determined by using the scale appearing on the Zoning Map; and

3.A.10.b
Packet Pg. 292 Attachment: Ordinance No. 22-10 - Exhibit "A" - Article 1 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.105 INTERPRETATION OF REGULATIONS
1-10 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

3. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zone of the adjoining property on either side of the vacated or abandoned street or alley.

17.105.030 — Procedures for Interpretations
Whenever the Director determines that the meaning or applicability of any of the requirements of this Development Code is subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation or refer the question to the Commission for determination.

A. Request for interpretation. A request for an interpretation or determination shall be made in writing to the Director and shall include all information described in the instructions for interpretation requests, available from the Department and payment of the applicable fee in compliance with the City’s Fee Schedule.

B. Findings, basis for interpretation. The issuance of an interpretation by the Director shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan and any applicable specific plan.

C. Record of interpretations. Official interpretations shall be written, and shall quote the provisions of this Development Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination.

D. Amendment. When a provision of this Development Code is determined by the Director to need refinement or revision, the provision shall be corrected by amending this Development Code as soon as is practical. Until an amendment can occur, the Director shall maintain a complete record of all official interpretations as an appendix to this Development Code, which are indexed by the number of the Article, Chapter, or Section that is the subject of the interpretation.

E. Referral of interpretation. The Director has the option of forwarding an interpretation or determination of the meaning or applicability of a provision of this Development Code directly to the Commission for consideration.

F. Appeals. Any interpretation of this Development Code by the Director, or Commission may be appealed in compliance with Chapter 17.715 (Appeals). No Appeal shall be made of an interpretation of the Council.

3.A.10.b
Packet Pg. 293 Attachment: Ordinance No. 22-10 - Exhibit "A" - Article 1 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) INTERPRETATION OF REGULATIONS 17.105
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 1-11

17.105.040 — Official Version of Development Code
A. Responsibility for maintaining official version. The City Clerk shall maintain the official version of this Development Code. In the event the City Clerk maintains an online version, an electronic version (e.g., Microsoft Word, PDF, etc.), and/or a printed (hard copy) version of the Development Code or contracts with an outside vendor to provide online public access to the Development Code, the printed (hard copy) version of the Development Code maintained by the City Clerk shall be the controlling legal authority. The City Clerk may provide an online version or an electronic version (e.g., Microsoft Word, PDF, etc.) of the Development Code as a public service in order to enhance public access and interaction. A disclaimer should be included indicating that the Development Code and related materials that are posted to, or linked from, the City’s website are provided as a public service and may, from time to time, contain information that is not completely up-to-date.

B. Discrepancy between versions. In the case of a discrepancy between the online or electronic version and the official hard copy version of the Development Code, the order of prevailing accuracy shall be the following:

1. The adopting ordinance;

2. This Development Code; and

3. The online or electronic version.

3.A.10.b
Packet Pg. 294 Attachment: Ordinance No. 22-10 - Exhibit "A" - Article 1 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ARTICLE 2 ZONES, ALLOWABLE LAND USES, & ZONE SPECIFIC STANDARDS SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-1 Article 2
Zones, Allowable Land Uses, and
Zone-Specific Standards
Table of Contents
Page
Chapter 17.200 — Establishment of Zones, Adoption of Zoning Map........................................2-3

17.200.010 – Purpose...........................................................................................................................2-3

17.200.020 – Zones Established .........................................................................................................2-3

17.200.030 – Zoning Map Adopted...................................................................................................2-4

17.200.040 – Zoning of Annexed Areas and Undesignated Lands ..............................................2-5 Chapter 17.205 — Allowable Land Uses and Development ..........................................................2-6

17.205.010 – Purpose...........................................................................................................................2-6

17.205.020 – General Requirements for Development and New Land Uses ..............................2-6

17.205.030 – Allowable Land Uses and Permit Requirements......................................................2-7

17.205.040 – Exemptions from Permit Requirements.....................................................................2-7

17.205.050 – Additional Permits and Approvals ............................................................................2-9

17.205.060 – Temporary Uses ..........................................................................................................2-10

17.205.070 – Land Uses, Incidental Land Uses, Special Uses, and Permit Requirements.......2-10 Chapter 17.215 — Residential Zones ................................................................................................2-25

17.215.010 — Purposes of Residential Zones ................................................................................2-25

17.215.020 — Residential Zone Land Uses and Permit Requirements ......................................2-26

17.215.030 — Residential Zone Development Standards ............................................................2-27

17.215.035 — Paving Within Residential Front Yard Area .........................................................2-29

17.215.040 — Residential Zone Density Incentives ......................................................................2-29

17.215.050 — Group Homes for Persons with Disabilities..........................................................2-32

17.215.060 — Residential Zone Density Exception.......................................................................2-32 Chapter 17.220 — Commercial and Office Zones ..........................................................................2-33

17.220.010 — Purposes of the Commercial and Office Zones.....................................................2-33

17.220.020 — Commercial and Office Zone Land Uses and Permit Requirements.................2-34

17.220.030 — Commercial and Office Zone Development Standards.......................................2-34 Chapter 17.225 — Industrial Zones...................................................................................................2-37

17.225.010 — Purposes of the Industrial Zones ............................................................................2-37

17.225.020 — Industrial Zone Land Uses and Permit Requirements ........................................2-38

17.225.030 — Industrial Zone Development Standards ..............................................................2-38

3.A.10.c
Packet Pg. 295 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ARTICLE 2 ZONES, ALLOWABLE LAND USES, & ZONE SPECIFIC STANDARDS SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-2 Chapter 17.227 — Mixed-Use Zones.................................................................................................2-41

17.227.010 — Purposes of the Mixed-Use Zones ..........................................................................2-41

17.227.020 — Mixed-Use Zone Land Uses and Permit Requirements ......................................2-42

17.227.030 — Mixed-Use Zone Development Standards ............................................................2-43

17.227.040 — Mixed-Use, Mixed-Use Entertainment, and Downtown Village Zone Minimum Density Exception .............................................................................................................................2-46 Chapter 17.230 — Special Purpose Zones........................................................................................2-47

17.230.010 — Purposes of the Special Purpose Zones .................................................................2-47

17.230.020 — Special Purpose Zone Land Uses and Permit Requirements..............................2-48

17.230.030 — Special Purpose Zone Development Standards....................................................2-49 Chapter 17.235 — Combining/Overlay Zones ................................................................................2-50

17.235.010 — Purposes of the Combining/Overlay Zones ..........................................................2-50

17.235.020 — Applicability of Combining/Overlay Zone Provisions........................................2-50

17.235.030 — Residential Agricultural Accessory Business (-RAAB) Combining/Overlay Zone 2-51

17.235.040 — 6
th Cycle Housing Element (-6HE) Combining/Overlay Zone............................2-51 List of Tables
Page
Table 2-1 Zones Implementing the General Plan ......................................................................2-4 Table 2-2 Allowed Uses and Permit Requirements.................................................................2-11 Table 2-3 Allowed Incidental Uses and Permit Requirements..............................................2-23 Table 2-4 Development Standards Residential Zones ............................................................2-23 Table 2-5 Amenity Density Incentives for Projects in Residential Zones ............................2-35 Table 2-6 Development Standards for Commercial and Office Zones.................................2-41 Table 2-7 Development Standards for Industrial Zones ........................................................2-39 Table 2-8 Development Standards for Mixed-Use and Commercial Developments within the Mixed-Use Zones ..................................................................................................................................2-43 Table 2-9 Development Standards for Small Lot Residential Detached Developments in Mixed-Use Zones ..................................................................................................................................2-45 Table 2-10 Development Standards for Special Purpose Zones..............................................2-49

3.A.10.c
Packet Pg. 296 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ESTABLISHMENT OF ZONES; ZONING MAP ADOPTED 17.200
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-3 Chapter 17.200 — Establishment of Zones, Adoption of Zoning Map Sections:

17.200.010 — Purpose

17.200.020 — Zones Established

17.200.030 — Zoning Map Adopted

17.200.040 — Zoning of Annexed Areas and Undesignated Lands

17.200.010 – Purpose
This Chapter establishes the zones applied to property within the City; establishes and adopts the Zoning Map; and determines how the zones are depicted on the Zoning Map.

17.200.020 – Zones Established
The City of San Jacinto shall be divided into zones that are intended to implement and be consistent with the San Jacinto General Plan. Each parcel of land within the City shall be located within a zone identified on the City of San Jacinto Zoning Map. Table 2-1 identifies the zones established by this Development Code.

3.A.10.c
Packet Pg. 297 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ESTABLISHMENT OF ZONES; ZONING MAP ADOPTED 17.200
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-4 Table 2-1
Zones Implementing the General Plan
Zoning District General Plan
Zoning Map
Symbol Zone Name
GP LUP
Symbol
General Plan Land Use Designation
Implemented by Zoning District
Residential Zones
RE Residential Estate
VLDR Very Low Density Residential
RR Rural Residential
RL Residential, Low Density LDR Low Density Residential RM Residential, Medium Density MDR Medium Density Residential RH Residential, High Density HDR High Density Residential RVH Residential, Very High Density VHDR Very High Density Residential Commercial and Industrial Zones
CG Commercial General
CN Commercial Neighborhood C Commercial
CR Commercial Regional
BP Business Park
BP Business Park
OP Office Park
IL Industrial Light
I Industrial
IH Industrial Heavy
Mixed Use Zones
MU Mixed-Use
MU Mixed-Use
MU-E Mixed-Use – Entertainment
DV Downtown Village DV Downtown Village
Special Purpose Zones
OSG Open Space General
OS Open Space
OSR Open Space Recreation
PI Public Institutional PI Public Institutions
SP Specific Plan SP Specific Plan
Combining/Overlay Zones
-RAAB Residential Agricultural Accessory
Business
RR
LDR
Rural Residential
Low Density Residential
-H6 6
th Cycle Housing Element Site All All

17.200.030 – Zoning Map Adopted
The Council hereby adopts the City of San Jacinto Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Department.

A. Inclusion by reference. The Zoning Map, together with all legends, symbols, notations, references, zone boundaries, and other information on the map, has been adopted by the

3.A.10.c
Packet Pg. 298 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ESTABLISHMENT OF ZONES; ZONING MAP ADOPTED 17.200
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-5 Council and is hereby incorporated into this Development Code by reference as though it were fully included here.

B. Zone boundaries. The Zoning Map shall indicate the boundaries of the zones established by Section 17.200.020 (Zones Established).

C. Relationship to General Plan. The Zoning Map shall implement, and shall be consistent with, the City’s adopted General Plan.

D. Map amendments. The Zoning Map, if amended, shall be amended in compliance with the process established in Chapter 17.720 (Amendments).

E. Zoning Map interpretation, applicability of zone requirements. The Zoning Map shall be interpreted in compliance with Section 17.105.020 (Rules of Interpretation).

17.200.040 – Zoning of Annexed Areas and Undesignated Lands Property subject to annexation shall be classified (i.e., pre-zoned) in the zone(s) that are most consistent with the General Plan land use designation before commencement of Local Agency Formation Commission (LAFCO) proceedings in compliance with Government Code Section 56375 et seq. (Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000).

3.A.10.c
Packet Pg. 299 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-6 Chapter 17.205 — Allowable Land Uses and Development
Sections:

17.205.010 — Purpose

17.205.020 — General Requirements for Development and New Land Uses

17.205.030 — Allowable Land Uses and Permit Requirements

17.205.040 — Exemptions from Permit Requirements

17.205.050 — Additional Permits and Approvals

17.205.060 — Temporary Uses

17.205.070 — Land Uses, Incidental Land Uses, Special Uses, and Permit Requirements

17.205.010 – Purpose
This Chapter identifies requirements for the approval of proposed development and new land uses. The permit requirements for specific land uses are located in Chapter 17.215 through

17.235.

17.205.020 – General Requirements for Development and New Land Uses No land use or structure shall be altered, constructed, established, moved, reconstructed, maintained, or replaced unless in compliance with the requirements in this Section.

A. Allowable use. A land use shall be allowable in the zone applied to the site. The basis for determining whether a use is allowable is described in Section 17.205.030 (Allowable Land Uses and Permit Requirements).

B. Permit and approval requirements. A planning permit or other approval or authorization required by Section 17.205.030 (Allowable Land Uses and Permit Requirements) and Chapter 17.325 – Water Efficient Landscape and Irrigation shall be obtained before the issuance of a required building permit, grading permit, or other construction related permit; other permits identified in the Municipal Code; and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 17.205.040 (Exemptions from Permit Requirements). (ord. 16-01, adopted April 5, 2016)
C. Development standards, conditions of approval. Each land use and structure shall comply with the development standards of this Article 2; applicable standards and requirements in Article 3 (Site Planning and Development Standards), Article 4 (Standards for Specific Land Uses), and Article 5 (Resource Management); and any applicable conditions imposed by a previously approved or granted planning permit.

3.A.10.c
Packet Pg. 300 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-7 D. Legal parcel. The site of a proposed development or new land use shall be a parcel that was legally created in compliance with the Subdivision Map Act (Government Code Sections 66410 et seq.) and Municipal Code Title 16 (Subdivisions).

17.205.030 – Allowable Land Uses and Permit Requirements A. Allowable land uses. The uses of land allowed in each zone are indicated Table 2-2, including the type of planning permit, approval, or authorization required for each use.

Each land use is defined in Article 8 (Definitions).

1. Establishment of an allowable use. Any one or more land uses identified in the table as being allowable within a specific zone may be established on any parcel within that zone. The land uses shall be subject to the planning permit requirements indicated in the tables as described in Paragraph B, below, and shall comply with all applicable requirements of this Development Code.

2. Use not listed. A land use that is not listed in Table 2-2 and is determined by the Director to not be included in Article 8 (Definitions) under the definition of a listed land use, is not allowed within the applicable zone, except as otherwise provided in Section 17.105.020.H (Rules of Interpretation – Unlisted Uses of Land) or Section 17.205.040 (Exemptions from Permit Requirements).

B. Permit requirements. Tables 2-2 and 2-3 provide for land uses that are:

1. Permitted subject to first obtaining a Zoning Clearance (Chapter 17.655) and compliance with all applicable provisions of this Development Code. These are shown as "P" uses in the tables.

2. Allowed subject to the approval of a Minor Use Permit (Chapter 17.605), and shown as "MUP" uses in the tables.

3. Allowed subject to the approval of a Conditional Use Permit (Chapter 17.605), and shown as "CUP" uses in the tables.

4. Expressly not allowed in particular zones, and shown as "---" in the tables.

17.205.040 – Exemptions from Permit Requirements
The planning permit requirements of this Development Code do not apply to the land uses, structures, and activities identified in this Section. These are allowed in all zones subject to compliance with this Section and Chapter 17.325 – Water Efficient Landscape and Irrigation.

However, building, grading, encroachment, or other construction permits may still be required in compliance with the Municipal Code. (ord. 16-01, adopted April 5, 2016)

3.A.10.c
Packet Pg. 301 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-8 A. General requirements for exemption. The land uses, structures, and activities identified in Paragraph B, below, are exempt from the planning permit requirements of this Development Code except for the requirements of Chapter 17.325 – Water Efficient Landscape and Irrigation only when:

1. The use, activity, or structure is established and operated in compliance with all applicable standards of this Article (Zones, Allowable Land Uses, and ZoneSpecific Standards), and Article 3 (Site Planning and Development Standards), Article 4 (Standards for Specific Land Uses), Article 5 (Resource Management), and, where applicable, Chapter 17.705 (Nonconforming Parcels, Structures, and Uses); and

2. Any permit or approval required by regulations other than this Development Code is obtained (for example, a building permit) in compliance with Section

17.205.050 (Additional Permits and Approvals). (ord. 16-01, adopted April 5, 2016)
B. Exempt activities and land uses. The following are exempt from the planning permit requirements of this Development Code except for the requirement of Chapter 17.325 – Water Efficient Landscape and Irrigation when established and conducted in compliance with Paragraph A, above. (ord. 16-01, adopted April 5, 2016)

1. Governmental facilities. Facilities of State government, Federal government, or local government (e.g., water district, sanitation district) on land owned or leased by that governmental agency, for governmental operations, to the extent that the facilities are exempted by State or Federal law and in compliance with Section

17.100.060 (Applicability of Development Code).

2. Decks, platforms, and walkways. Decks, platforms, and walkways that are not required to have a building permit or grading permit. Walkways shall be in compliance with Section 17.305.090 (Paving Within Residential Front Yard Area).

3. Fences and walls. See Chapter 17.315 (Fences, Walls, and Hedges).

4. Interior remodeling. Interior alterations that do not increase the gross floor area of the structure, or change the permitted use of the structure.

5. Repairs and maintenance.
a. Single-family dwellings. Ordinary repairs to, and maintenance of, single-family dwellings, if any exterior repairs employ the same materials and design as the original construction.

3.A.10.c
Packet Pg. 302 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-9 b. Multi-family residential structures and nonresidential structures.

Ordinary repairs to, and maintenance of multi-family residential structures and nonresidential structures, if:
(1) The work does not change the permitted land use of the site or structure, or add to, enlarge, or expand the land use or structure; and
(2) Any exterior repairs employ the same materials and design as the original construction.

6. Small, portable residential accessory structures. A single portable structure per parcel or unit, including pre-manufactured storage sheds or other small structures, in residential zones that are exempt from building permit requirements in compliance with the Municipal Code and the Building Code.

Additional structures may be approved in compliance with Chapter 17.405 (Accessory Structures and Uses), where allowed by the applicable zone.

7. Solar energy systems. The addition or replacement of solar energy systems to the roof or side of a structure; provided that the systems comply with California Building Code and the provisions in Section 17.430.325 (Solar Energy Systems).

8. Spas, hot tubs, and fish ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not: exceed 120 square feet in total area including related equipment; contain more than 2,000 gallons of water; or exceed three feet in depth.

9. Utilities. The alteration, construction, erection, or maintenance by a public utility or agency of utility infrastructure , subject to the provisions of Government Code Section 53090 et seq. (Regulation of Local Agencies by Counties and Cities), any local utility shall be allowed in any zone. See definition of “Utility Infrastructure” in Section 17.800.220 (“U” – Definitions). See Section 17.305.106 for utility undergrounding requirements.

10. Satellite/dish and amateur radio antennae. Satellite/dish and amateur radio antennae are exempt if in compliance with Section 17.430.290 (Satellite/Dish and Amateur Radio Antennae).

17.205.050 – Additional Permits and Approvals
A land use authorized through the approval of a Zoning Clearance, Minor Use Permit, or Conditional Use Permit may also require a building permit or other permit or approval required by the Municipal Code. Nothing contained in this Development Code, or any entitlement granted in compliance with this Development Code, shall serve to invalidate those other requirements.

3.A.10.c
Packet Pg. 303 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-10

17.205.060 – Temporary Uses
Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are located in Chapter 17.640 (Temporary Use Permits)

17.205.070 – Land Uses, Incidental Land Uses, Special Uses, and Permit Requirements A. Allowed land uses. Table 2-2 indicates the uses allowed within each zone and the planning permit required to establish each use, in compliance with Article 6 (Permit Procedures).

B. Allowed incidental land uses. Table 2-3 indicates the uses allowed incidental to a permitted, or conditionally permitted, land use that is legally established on the same parcel or development, and the planning permit required to establish each use, in compliance with Article 6 (Permit Procedures). Incidental land uses cannot be established as a stand-alone use.

C. Prohibited land uses. Any table cell with a “---” means that the listed land use is expressly prohibited in that specific zone.

D. Land uses not listed. For land uses not listed in Table 2-2 or 2-3, the provisions of Chapter 17.105 (Interpretation of Regulations) shall apply.

E. Applicable Regulations. Where the last column in the tables ("Specific Use Regulations") includes a Section number, the regulations in the referenced section apply to the use; however, provisions in other Sections of this Development Code may also apply.

F. Special or Unusual Uses. At the discretion of the Director, or his/her designee, a conditional use permit may be considered for a unique or unusual combination of uses or special facilities similar to and not more detrimental than other uses in a particular zone.

3.A.10.c
Packet Pg. 304 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-11 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Agricultural Uses
Agricultural Activities, Facilities and
Structures P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

17.305.040

17.405.030
Agritourism C C C C C C C C C C C C C C --- --- --- --- --- 17.430.035 Community Gardens P P P P P P --- --- --- --- --- --- --- P P P P --- --- 17.430.130 Limited Seasonal Farming P P P P P P --- --- --- --- --- --- --- P P --- P P --- 17.430.370 Livestock and Dairy Operations P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 17.305.040 Produce Stands – Permanent P P P P P P --- --- --- --- --- --- --- --- --- --- P --- --- 17.405.030 Produce Stands – Temporary TUP TUP TUP TUP TUP TUP --- --- --- --- --- --- --- --- --- --- TUP --- --- 17.64 Cannabis Oriented Businesses and Uses (refer to Chapter 17.435 for additional locational limitations and requirements) Outdoor Cultivation (Per Chapter 17.435) 17.435; MC 9.28 Indoor Cultivation --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- 17.435; MC 9.28 Indoor Dispensaries --- --- --- --- --- --- --- P --- --- P P --- --- --- --- --- --- --- 17.435; MC 9.28 Indoor Distribution --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- 17.435; MC 9.28 Indoor Manufacturing --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- 17.435; MC 9.28 Indoor Microbusinesses --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- 17.435; MC 9.28 Indoor Testing Laboratories --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- 17.435; MC 9.28

3.A.10.c
Packet Pg. 305 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-12 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Care Uses
Day Care Facility – Small (8 or fewer
persons) P P P P P P --- P P --- --- --- --- P P P --- --- --- 17.430.110 Day Care Facility – Large (9 to 14 persons) P P P --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- 17.430.110 Day Care Facility – Day Care, General (15+
persons) --- --- --- --- --- --- MUP MUP --- MUP --- --- --- MUP MUP MUP --- --- --- 17.430.110 Community Care Facility – 6 or fewer
persons
P P P P P P --- P P --- --- --- --- --- --- --- --- --- --- 17.430.120 Community Care Facility – 7+ persons --- --- --- CUP CUP CUP CUP CUP --- --- --- --- --- --- --- --- --- --- --- 17.430.120 Convalescent Home – 7+ persons --- --- --- CUP CUP CUP CUP CUP --- --- --- --- --- --- --- --- --- --- --- Convalescent Home – 6 or fewer persons P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- Emergency Shelters --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 17.430.180 Supportive Housing P P P P P P --- MUP MUP --- --- --- --- --- --- --- --- --- --- Transitional Housing P P P P P P --- MUP MUP --- --- --- --- --- --- --- --- --- --- Education, Recreation, and Public Assembly Uses
Arcades (6+ machines) --- --- --- --- --- --- CUP CUP CUP --- --- --- --- MUP MUP MUP --- --- --- 17.430.070 Assembly/Meeting Facilities --- CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP --- CUP CUP CUP CUP CUP CUP 17.430.040 Bingo Game Operations (nonprofit orgs
only) --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- --- --- MC 5.16 Commercial Recreation Facilities – Indoor --- --- --- --- --- --- CUP CUP CUP CUP CUP CUP CUP MUP MUP MUP CUP CUP CUP 17.430.040 Commercial Recreation Facilities – Outdoor --- --- --- --- --- --- --- CUP CUP --- --- CUP CUP MUP MUP MUP --- CUP --- 17.430.040

3.A.10.c
Packet Pg. 306 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-13 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Cultural Institutions --- --- --- --- --- --- --- P P P --- --- --- P P P CUP CUP --- Educational Facilities – Academic (Grades K12) --- CUP CUP CUP CUP CUP CUP CUP CUP --- CUP --- --- CUP CUP --- --- --- --- Educational Facilities – Colleges and
Universities --- --- --- --- --- --- --- CUP CUP CUP CUP --- --- CUP CUP CUP --- --- --- Educational Facilities – Commercial Schools --- --- --- --- --- --- P P P P --- --- --- P P P --- --- --- Live Entertainment – Amplified --- --- --- --- --- --- MUP MUP MUP MUP MUP MUP --- MUP MUP MUP --- --- ---

17.430.190,17.430.0
40, MC 5.40
Live Entertainment – Unamplified --- --- --- --- --- --- P P P P P P P P P P --- --- ---

17.430.190,

17.430.040, MC

5.40 Poolrooms/Billiard Halls (2 or more tables) --- --- --- --- --- --- P P P --- --- --- --- MUP MUP MUP --- --- --- 17.430.040 Studios for Art, Dance, Martial Arts, Music,
etc.
--- --- --- --- --- --- P P P P --- --- --- P P P --- --- --- Theaters, Movies or Performing Arts --- --- --- --- --- --- CUP MUP MUP MUP --- --- --- MUP P P --- --- --- 17.430.040 Industry, Manufacturing, Processing, Production and Warehousing Uses Agricultural product processing, production
and Wholesaling /Distribution --- --- --- --- --- --- --- --- --- --- --- CUP CUP --- --- --- --- --- --- Commercial Bakery, Food or Beverage
Manufacturing or Processing --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- Chemical Product Manufacture,
Wholesaling/Distribution --- --- --- --- --- --- --- --- --- --- --- --- CUP --- --- --- --- --- --- Contractor Base Facility / Yard - Outdoor --- --- --- --- --- --- --- --- --- --- --- CUP MUP --- --- --- --- --- --- Contractor Base Facility - Indoor --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- ---

3.A.10.c
Packet Pg. 307 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-14 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Cottage Businesses (only in –RAAB overlay) --- MUP MUP --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---

17.235.030

17.430.150
Furniture/Fixtures Manufacturing, Cabinet
Shops --- --- --- --- --- --- --- P P P P P P --- --- --- --- --- --- Laundries, Dry Cleaning Plants, Carpet and
Upholstery Cleaning Plants, and Linen
Supply
--- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- Manufacturing (Indoor) --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- --- --- Manufacturing (Outdoor) --- --- --- --- --- --- --- --- --- --- --- --- CUP --- --- --- --- --- --- Motor Vehicles and Transportation
Equipment Manufacturing --- --- --- --- --- --- --- --- --- --- --- P P --- --- --- --- --- --- Printing and Publishing --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- Recycling Facilities – Collection Facility –
Large --- --- --- --- --- --- --- MUP MUP --- --- MUP MUP --- --- --- --- --- --- 17.430.270 Recycling Facilities – Collection Facility –
Small --- --- --- --- --- --- --- MUP MUP --- --- MUP MUP --- --- --- --- --- --- 17.430.270 Recycling Facilities – Processing Facility --- --- --- --- --- --- --- --- --- --- --- --- CUP --- --- --- --- --- --- 17.430.270 Recycling—Scrap and Dismantling Yards --- --- --- --- --- --- --- --- --- --- --- --- CUP --- --- --- --- --- --- Research and Development (R&D) --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- --- Warehouses, Wholesaling, and Distribution
Facilities --- --- --- --- --- --- --- --- --- --- P P P --- --- --- --- --- ---

3.A.10.c
Packet Pg. 308 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-15 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Residential Uses
Caretaker Housing --- --- --- CUP CUP CUP --- CUP CUP --- --- --- CUP CUP CUP CUP --- CUP --- Congregate Care Facility – 7+ persons --- --- --- --- --- --- CUP CUP --- --- --- --- --- --- --- --- --- --- --- 17.430.120 Congregate Care Facility – Up to 6 persons P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 17.430.120 Congregate Living Facilities --- --- --- --- --- --- CUP CUP --- --- --- --- --- --- --- --- --- --- --- Congregate Living Facilities – 12+ persons --- --- --- CUP CUP CUP --- --- --- --- --- --- --- --- --- --- --- --- --- Congregate Living Facilities – 7 -11 persons MUP MUP MUP MUP MUP MUP --- --- --- --- --- --- --- --- --- --- --- --- --- Congregate Living Facilities (Up to 6
persons) P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- Dwelling Units –
Single-Family - Attached --- --- P P P P --- --- --- --- --- --- --- P P P --- --- --- 17.425 Single-Family - Detached P P P P --- --- --- --- --- --- --- --- --- P P --- P --- --- 17.425 Two-Family --- --- --- P P --- --- --- --- --- --- --- --- P P P --- --- --- 17.425 Multi-Family --- --- --- P P P --- --- --- --- --- --- --- P P P --- --- --- 17.420 Group Homes for Persons with Disabilities P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 17.215.050 Live-Work Units --- --- --- --- --- --- --- MUP MUP --- --- --- --- P P P --- --- --- 17.430.200 Mixed-Use Projects (Residential over
Retail/Office) --- --- --- --- --- --- --- MUP MUP --- --- --- --- P P P --- --- --- 17.427.020 Mobile Home Parks and Subdivisions CUP CUP CUP CUP CUP CUP --- --- --- --- --- --- --- --- --- --- --- --- --- 17.415 Organizational Houses --- --- --- CUP CUP CUP CUP CUP --- --- --- --- --- --- --- --- --- --- ---

3.A.10.c
Packet Pg. 309 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-16 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Recreational Vehicle Parks CUP CUP CUP CUP CUP CUP --- --- --- --- --- --- --- --- --- --- --- CUP --- 17.430.260 Residential Care Facility – 7+ persons --- --- --- CUP CUP CUP CUP CUP --- --- --- --- --- --- --- --- --- --- --- 17.430.280 Residential Care Facility – Up to 6 persons P P P P P P --- --- --- --- --- --- --- P P P --- --- --- 17.430.280 Residential Care Facility for Elderly – 7+
persons
--- --- --- CUP CUP CUP CUP CUP --- --- --- --- --- CUP CUP CUP --- --- --- 17.430.280 Residential Care Facility for Elderly – Up to 6
persons
P P P P P P --- --- --- --- --- --- --- P P P --- --- --- 17.430.280 Senior Residential Projects --- --- --- MUP MUP MUP --- MUP MUP --- --- --- --- MUP MUP MUP --- --- --- 17.430.310 Single-Room Occupancy Facilities --- --- --- CUP CUP CUP --- --- --- --- --- --- --- CUP CUP CUP --- --- --- Retail Trade Uses
Adult-Oriented Businesses --- --- --- --- --- --- --- P --- --- --- P --- --- --- --- --- --- --- 17.400 Building/Landscape Materials Sales –
Indoor --- --- --- --- --- --- --- P P --- --- P P --- --- --- --- --- --- Building/Landscape Materials Sales –
Outdoor --- --- --- --- --- --- --- MUP MUP --- --- P P --- --- --- --- --- --- 17.430.250 Drive-Through Facilities --- --- --- --- --- --- MUP MUP MUP --- --- --- --- MUP MUP CUP --- --- --- 17.430.170 Farm Supply and Feed Store --- --- --- --- --- --- --- P P --- --- P --- P P --- --- --- --- Food and Beverage Sales
Farmers Market --- --- --- --- --- --- --- MUP --- --- --- --- --- MUP MUP MUP --- --- --- Grocery (Convenience Market, Grocery
Stores) --- --- --- --- --- --- P P P --- --- --- --- P P P --- --- ---

17.430.040
MC 9.24

3.A.10.c
Packet Pg. 310 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-17 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Restaurant with Drive Thru --- --- --- --- --- --- MUP MUP MUP --- --- --- --- MUP MUP CUP --- --- --- 17.430.170 Restaurant without Drive Thru --- --- --- --- --- --- P P P P P --- --- P P P --- --- --- Fuel Dealer (propane for home/farm use,
etc.) --- --- --- --- --- --- --- --- --- --- --- CUP --- --- --- --- --- --- --- Outdoor Storage – Primary Use --- --- --- --- --- --- --- --- --- --- --- CUP MUP --- --- --- --- --- --- 17.430.250 Pharmacies --- --- --- --- --- --- P P P --- --- --- --- P P P --- --- --- 17.430.040 Plant Nursery --- --- --- --- --- --- --- MUP MUP --- --- --- --- --- --- --- --- --- --- 17.430.240 Retail Sales –
Animal Retail Sales --- --- --- --- --- --- P P P --- --- --- --- P P P --- --- --- 17.430.060 Artisan Shops --- --- --- --- --- --- P P P --- --- --- --- P P P --- --- --- General Merchandise --- --- --- --- --- --- P P P --- --- --- --- P P P --- --- --- Gun Shops --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- Liquor Stores --- --- --- --- --- --- --- CUP CUP --- --- --- --- CUP CUP CUP --- --- --- Secondhand Stores --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- Tobacco Stores --- --- --- --- --- --- --- CUP CUP --- --- --- --- --- --- --- --- --- ---

17.430.380
MC 5.56

3.A.10.c
Packet Pg. 311 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-18 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Service Uses – Business and Professional
Automated Teller Machine (ATM) – DriveThrough --- --- --- --- --- --- MUP MUP MUP --- P P --- MUP MUP CUP --- --- --- 17.430.080 Automated Teller Machine (ATM) – WalkUp --- --- --- --- --- --- P P P P P P --- P P P --- --- --- 17.430.080 Banks and Financial Services --- --- --- --- --- --- P P P P P P P P P P --- --- --- Business Support Services --- --- --- --- --- --- --- P P P P P P P P P --- --- --- Medical Services – Clinic, Laboratory, Urgent
Care --- --- --- --- --- --- --- P P MUP P P P CUP CUP CUP --- --- --- Medical Services – Hospitals --- --- --- --- --- --- --- CUP CUP --- CUP CUP CUP CUP CUP CUP --- --- --- Medical Services – Offices --- --- --- --- --- --- P P P P P P P P P P --- --- --- Office – Professional, Business and
Administrative --- --- --- --- --- --- --- P P P P P P P P P --- --- --- Office – Government --- --- --- --- --- --- --- P P P P P P P P P P P P Service Uses - General
Bars, Lounges, Nightclubs --- --- --- --- --- --- --- CUP CUP CUP --- --- --- MUP MUP MUP --- --- ---

17.430.040
MC 9.24
Animal Services – Accessory
Boarding/Training – Indoor --- --- --- --- --- --- P P P --- P --- --- P P P --- --- --- 17.430.060 Animal Services – Boarding/Training –
Indoor or Outdoor --- --- --- --- --- --- MUP MUP MUP --- MUP --- --- --- --- --- --- --- --- 17.430.060 Animal Services – Grooming --- --- --- --- --- --- P P P P P --- --- P P P --- --- --- 17.430.060

3.A.10.c
Packet Pg. 312 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-19 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Animal Services – Veterinary Clinic, Animal
Hospital --- --- --- --- --- --- MUP MUP MUP --- MUP --- --- MUP MUP MUP --- --- --- 17.430.060 Auction Houses --- --- --- --- --- --- --- CUP CUP --- --- CUP CUP --- --- --- --- --- --- Bail Bond Services --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- Catering Services --- --- --- --- --- --- P P P --- P P --- --- --- --- --- --- --- Equipment Rental – Indoor Only --- --- --- --- --- --- P P P --- --- P P --- --- --- --- --- --- Equipment Rental – With Outdoor Storage --- --- --- --- --- --- --- MUP MUP --- --- MUP MUP --- --- --- --- --- --- 17.430.250 Health and Fitness Facilities – Large – Over
2,000 sq. ft. --- --- --- --- --- --- --- MUP MUP MUP CUP CUP CUP MUP MUP MUP --- --- --- Health and Fitness Facilities – Small – 2,000
sq. ft. or less --- --- --- --- --- --- P P P P P P P P P P --- --- --- Residential Kennels MUP --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 17.430.050 Lodging – Bed and Breakfast Inns --- --- --- --- --- --- --- --- --- --- --- --- --- MUP MUP MUP --- --- ---

17.430.040 &

17.430.090
Lodging – Hotels --- --- --- --- --- --- --- MUP MUP MUP --- --- --- MUP MUP MUP --- --- --- 17.430.040 Lodging – Motels --- --- --- --- --- --- --- CUP CUP --- --- --- --- CUP CUP CUP --- --- --- Maintenance and Repair Service – Indoor --- --- --- --- --- --- --- P P P P P P --- --- --- --- --- --- Maintenance and Repair Service – With
Outdoor Storage --- --- --- --- --- --- --- MUP MUP --- MUP P P --- --- --- --- --- --- 17.430.250 Maintenance and Service Facility --- --- --- --- --- --- --- --- --- --- MUP P P --- --- --- --- --- --- Massage Establishments and Services --- --- --- --- --- --- P P P P P --- --- P P P --- --- --- MC 5.32 Mortuary, Funeral Home --- --- --- --- --- --- --- P P P --- --- --- --- --- --- --- --- ---

3.A.10.c
Packet Pg. 313 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-20 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Personal Services --- --- --- --- --- --- P P P P --- --- --- P P P --- --- --- Personal Services – Restricted --- --- --- --- --- --- MUP MUP MUP --- --- --- --- --- --- --- --- --- --- Personal Storage Facility (Self Storage) --- --- --- --- --- --- --- CUP CUP --- CUP CUP --- --- --- --- --- --- --- Repair Service – Equipment, Large
Appliances, etc. --- --- --- --- --- --- --- P P --- P P P --- --- --- --- --- --- Transportation, Communication, and Infrastructure Uses
Broadcasting Studio --- --- --- --- --- --- --- P P P P P --- P P P --- --- --- Parking Facilities, Public or Commercial --- --- --- --- --- --- P P P P P P P P P P --- --- --- Satellite/Dish & Amateur Radio Antennae MUP MUP MUP MUP MUP MUP P P P P P P P P P P --- --- --- 17.430.290 Transit Stop Shelter --- --- --- --- --- --- P P P P P P P P P P --- --- --- Transportation Service Dispatch Facilities --- --- --- --- --- --- --- P P P --- P P --- --- --- --- --- --- Truck and Freight Terminals --- --- --- --- --- --- --- --- --- --- --- --- CUP --- --- --- --- --- --- Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP P P P P P P P P P Utility Infrastructure P P P P P P P P P P P P P P P P CUP CUP CUP Wireless Telecommunication Facilities –
Antenna Only P P P P P P P P P P P P P P P P P P P 17.430.360 Wireless Telecommunication Facilities –
Tower or Monopole with Antenna CUP CUP CUP CUP CUP CUP MUP MUP MUP MUP MUP /CUP
MUP
/CUP
MUP
/CUP
MUP
/CUP
MUP
/CUP
MUP
/CUP CUP CUP CUP 17.430.360

3.A.10.c
Packet Pg. 314 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-21 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Vehicle Rentals, Sales, and Services
Vehicle Parts and Supply Sales --- --- --- --- --- --- --- P P --- --- --- --- P P P --- --- --- Vehicle Rentals – General --- --- --- --- --- --- --- MUP MUP --- --- P P --- --- --- --- --- --- Vehicle Rentals – Office only --- --- --- --- --- --- P P P P P --- --- P P P --- --- --- Vehicle Sales – Heavy Equipment --- --- --- --- --- --- --- --- --- --- --- MUP P --- --- --- --- --- --- Vehicle Sales– New --- --- --- --- --- --- --- MUP P --- --- --- --- --- --- --- --- --- --- Vehicle Sales– Used --- --- --- --- --- --- --- CUP MUP --- --- --- --- --- --- --- --- --- --- Vehicle Services – Car Wash --- --- --- --- --- --- --- MUP MUP --- --- --- --- CUP CUP CUP --- --- --- Vehicle Services – Electric Vehicle Charging
Stations --- --- --- --- --- --- P P P P P P P P P P --- --- P Vehicle Services – Major Repair/Body Work --- --- --- --- --- --- --- MUP MUP --- MUP MUP P --- --- --- --- --- --- Vehicle Services – Minor
Maintenance/Repair/Installation --- --- --- --- --- --- --- MUP MUP --- P P P --- --- --- --- --- --- Vehicle Services – Service Station --- --- --- --- --- --- --- MUP MUP --- --- --- --- CUP CUP --- --- --- ---

17.430.040 &

17.430.320
Vehicle Services – Towing and Storage --- --- --- --- --- --- --- CUP --- --- --- MUP P --- --- --- --- --- --- 17.430.085 Vehicle Services – Vehicle Storage --- --- --- --- --- --- --- CUP CUP --- CUP CUP P --- --- --- --- --- --- 17.430.085

3.A.10.c
Packet Pg. 315 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-22 Table 2-2
Allowed Uses and Permit Requirements
Land Use
Allowed Uses and Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use
Regulations

RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Other Uses
Alternative Energy – Solar Energy Systems
(noncommercial) P P P P P P P P P P P P P P P P P P P 17.430.340 Alternative Energy – Wind Energy Systems
(noncommercial) MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP 17.430.350 Cargo Containers P P P --- --- --- --- --- --- --- P P P --- --- --- --- --- --- 17.430.100 Cargo Containers – Temporary --- --- --- --- --- --- TUP TUP TUP TUP --- --- --- TUP TUP TUP --- --- --- 17.430.100 Cemeteries --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- CUP CUP Other Uses --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- Temporary Uses TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP 17.64

3.A.10.c
Packet Pg. 316 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-23 Table 2-3
Allowed Incidental Uses and Permit
Requirements
Incidental Uses Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use Regulations
Land Use RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Accessory Amusement Devices --- --- --- --- --- --- P P P P --- --- --- P P P --- --- --- 17.405.010 Accessory Nonresidential Structures --- --- --- --- --- --- P P P P P P P P P P --- --- --- 17.405.040 Accessory Residential Structures P P P P P P --- --- --- --- --- --- --- P P P --- --- --- 17.405 Accessory Retail and Services --- --- --- --- --- --- P P P P P P P P P P --- CUP --- 17.405.020 Agricultural Employee Housing P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 17.430.030 Agricultural Structures --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- See 17.405.030 Alcohol Sales --- --- --- --- --- --- CUP CUP CUP CUP --- --- --- MUP MUP MUP --- --- ---

17.430.040
MC 9.24
Animal-Keeping See Section 17.430.050 (Animal-Keeping)
Day Care Facility –Day Care, Accessory --- --- --- --- --- --- P P P P --- --- --- P P P --- --- --- Donation Boxes --- --- --- --- --- --- P P P --- --- --- --- P P P --- --- --- 17.430.160 Dwelling Units – Accessory / Junior
Accessory P P P P P P --- --- --- --- --- --- --- P P P --- --- --- 17.405.060 Garage Sales --- P P P P P --- --- --- --- --- --- --- P P P --- --- --- MC 5.24 Office – Accessory --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- CUP CUP CUP Outdoor Dining --- --- --- --- --- --- P P P P --- --- --- P P P --- --- --- 17.430.230 Outdoor Display and Sales --- --- --- --- --- --- MUP MUP MUP --- --- P P MUP MUP MUP --- --- --- 17.430.240 Outdoor Storage - Incidental --- --- --- --- --- --- --- --- --- --- --- MUP MUP --- --- --- --- --- --- 17.430.250 Produce Stands – Permanent P P P P P P --- --- --- --- --- --- --- --- --- --- P --- --- 17.405.030

3.A.10.c
Packet Pg. 317 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-24 Table 2-3
Allowed Incidental Uses and Permit
Requirements
Incidental Uses Permit Requirements
P Zoning Clearance (17.655) CUP Conditional Use Permit (17.605) MUP Minor Use Permit (17.605) TUP Temporary Use Permit (17.640) --- Not Permitted Residential Zones Commercial and Office Zones Industrial Zones Mixed-Use Zones Special Purpose Zones Specific Use Regulations
Land Use RE RR RL RM RH RVH CN CG CR OP BP IL IH MU MU-E DV OSG OSR PI Produce Stands – Temporary TUP TUP TUP TUP TUP TUP --- --- --- --- --- --- --- --- --- --- TUP --- --- 17.640 Recycling Facilities – Reverse Vending
Machine --- --- --- --- --- --- P P P P --- --- --- --- --- --- --- --- --- 17.430.270 Short Term Rentals P P P P P P --- --- --- --- --- --- --- P P P --- --- --- (Ord. 21-02, Adopted April 20, 2021)

3.A.10.c
Packet Pg. 318 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-25 Chapter 17.215 — Residential Zones
Sections:

17.215.010 — Purposes of Residential Zones

17.215.020 — Residential Zone Land Uses and Permit Requirements

17.215.030 — Residential Zone Development Standards

17.215.035 — Paving Within Residential Front Yard Area

17.215.040 — Residential Zone Density Incentives

17.215.050 — Group Homes for Persons with Disabilities

17.215.010 — Purposes of Residential Zones
The purposes of the individual residential zones and the manner in which they are applied are as follows:

A. RE (Residential Estate) Zone. The RE zone is applied to areas appropriate for detached single-family dwelling units with appropriate accessory structures and uses in semirural areas and areas where scenic and natural resources should be protected, together.

The RE zone may also allow mobile and modular homes, agricultural uses, public facilities, and other uses that are compatible with rural estate single-family neighborhoods. Horses and other farm animals are also allowed in this zone in compliance with Section 17.430.050 (Animal Keeping). This zone allows a maximum density of 1.0 dwelling unit per two gross acres of land. The RE zone is consistent with the Very Low Density Residential (VLDR) land use designation of the General Plan.

B. RR (Residential Rural) Zone. The RR zone is applied to areas appropriate for detached single-family dwelling units with appropriate accessory structures and uses in a semirural setting. The RR zone may also allow mobile and modular homes, public facilities, and other uses that are compatible with rural single-family neighborhoods. Horses and other farm animals are also allowed in this zone in compliance with Section 17.430.050 (Animal Keeping). This zone allows a maximum density of 2.0 dwelling units per gross acre of land. The RR zone is consistent with the Very Low Density Residential (VLDR) land use designation of the General Plan.

C. RL (Residential, Low Density) Zone. The RL zone is applied to areas appropriate for a range of detached single-family residential dwellings on standard suburban parcels, together with appropriate accessory structures and uses. The RL zone may also allow mobile and modular homes, condominiums, townhomes, public facilities, and other uses that are compatible with low density single-family neighborhoods. This zone allows a density ranging from 2.1 to 7.0 dwelling units per gross acre. The RL zone is consistent with the Low Density Residential (LDR) land use designation of the General Plan.

3.A.10.c
Packet Pg. 319 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-26 D. RM (Residential, Medium Density) Zone. The RM zone is applied to areas appropriate for neighborhoods with a variety of housing types located in proximity to parks, schools, and public services. The housing types range from attached and detached single-family residential dwelling units, duplexes, triplexes, fourplexes, condominiums, townhomes, mobile home parks, recreational vehicle parks, as well as accessory structures and uses. The RM zone may also allow limited neighborhood serving commercial uses on small appropriately located individual parcels or in small pedestrian-oriented neighborhood centers, public facilities, and other uses that are compatible with medium density neighborhoods. This zone allows a density ranging from 5.1 to 14.0 dwelling units per gross acre. The RM zone is consistent with the Medium Density Residential (MDR) land use designation of the General Plan.

E. RH (Residential, High Density) Zone. The RH zone is applied to areas appropriate for a variety of multi-family attached housing types (for example, apartments, garden style units, condominiums, townhomes, etc.), as well as accessory structures and uses primarily on larger parcels where site design can provide the desired mixture of housing types, aesthetic and functional open space areas, and other features that enhance the development and neighborhood. The RH zone may also allow limited neighborhood serving commercial uses on small appropriately located individual parcels or in small pedestrian-oriented neighborhood centers, public facilities, and other accessory structures and uses that are compatible with high density neighborhoods. This zone allows a density ranging from 14.1 to 22.0 dwelling units per gross acre. The RH zone is consistent with the High Density Residential (HDR) land use designation of the General Plan.

F. RVH (Residential, Very High Density) Zone. The RVH zone is applied to areas appropriate for apartments, senior housing, and housing affordable to lower and moderate income families located near commercial areas and public services. The RVH zone may also allow limited neighborhood serving commercial uses on small appropriately located individual parcels or in small pedestrian-oriented neighborhood centers, public facilities, accessory structures and uses, and other uses that are compatible with high density neighborhoods. This zone allows a density ranging from 22 to 32.0 dwelling units per gross acre. The RVH zone is consistent with the Very High Density Residential (VHDR) land use designation of the General Plan.

17.215.020 — Residential Zone Land Uses and Permit Requirements A. Allowed land uses. Table 2-2 indicates the uses allowed within each residential zone and the planning permit required to establish each use, in compliance with Article 6 (Permit Procedures).

B. Prohibited land uses. Any table cell with a “---” means that the listed land use is expressly prohibited in that specific zone.

3.A.10.c
Packet Pg. 320 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-27 C. Land uses not listed. For land uses not listed in Table 2-2, the provisions of Chapter

17.105 (Interpretation of Regulations) shall apply. (Ord. 21-02, Adopted April 20, 2021) D. Site Plan and Design Review required. All construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) shall require Site Plan, Design Review (unless exempt per Chapter 17.630 [Site Plan and Design Review]), and Water Efficient Landscape and Irrigation approval in compliance with Chapter 17.630 (Site Plan and Design Review) and Chapter 17.325 (Water Efficient Landscape and Irrigation). (Ord. 16-01, Adopted April 5, 2016)
E. Applicable Regulations. Where the last column in the tables ("Specific Use Regulations") includes a Section number, the regulations in the referenced section apply to the use; however, provisions in other Sections of this Development Code may also apply.

17.215.030 — Residential Zone Development Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 2- 3, in addition to the standards and guidelines in Article 3 (Site Planning and Development Standards) (e.g., landscaping, parking and loading, etc.), Article 4 (Standards for Specific Land Uses (e.g., accessory structures, single-family and multi-family development, etc.), and Chapter

17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016) Table 2-4
Development Standards for Residential Zones
Development Feature
See Article 8
(Definitions)

RE RR RL RM RH RVH
Density Minimum and maximum number of dwelling units allowed per gross acre. See 17.215.040 (Residential Zone Density Standards)
Minimum 0.0 0.0 2.0 5.0 14.0 22.0
Maximum 1.0 2.0 7.0 14.0 22.0 32.0
Minimum Parcel
Dimensions
Minimum dimensions required for each newly created parcel. Parcel area shall be measured in terms of net area, as defined in Article 8 (Definitions).

Parcel Area 2 acres 15,000 sq. ft. 5,000 sq. ft. 4,000 sq. ft. 20,000 sq. ft. 20,000 sq. ft.

Parcel Width 150 ft. 100 ft.

Corner
Parcel = 70 ft.

Interior
Parcel = 50 ft.
40 ft. 100 ft. 100 ft.

Parcel Depth 300 ft. 100 ft. 100 ft. 80 ft. 100 ft. 100 ft.

3.A.10.c
Packet Pg. 321 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-28 Table 2-4
Development Standards for Residential Zones
Development Feature
See Article 8
(Definitions)

RE RR RL RM RH RVH
Minimum Setbacks
Minimum required setbacks. See Section 17.305.120 for setback measurement, allowed projections into setbacks, and exceptions. See Article 4 for setback requirements applicable to specific land uses. Review Appendix 1 of the Landscape Design Guidelines for possible greater setback requirements on certain streets.

Front 25 ft. 25 ft. 20 ft. 15ft. - House
20 ft. - Garage
See Chapter 17.420 (MultiFamily Development) Interior Side 20 ft. 20 ft. 5 ft. 5 ft.

Street Side 20 ft. 20 ft. 10 ft. 7 ft.

Rear 20 ft. 20 ft. 20 ft. 10 ft.

Maximum Impervious
Surface Coverage
Maximum percentage of the total gross parcel area that may be covered by structures and impervious surfaces.
50% 50% 55% 60% 60% 60%
Balconies, SecondStory for Detached
Single Family
Residences
Second-Story Balconies shall maintain all other standards of the underlying zone and cannot be larger than 10% of the livable area of the residence. The Director may permit larger balconies when the privacy of the neighboring residences can be maintained pursuant Section 17.425.020 F 2 – Privacy Protection, due to larger lot sizes, balcony adjacency to General Plan designated Arterial Highways or larger, and/or balcony adjacency to non-sensitive open space areas. The Director has the discretion to provide notice to affected neighboring property owners before approving a balcony larger than 10% of the livable area of the residence.

Height Maximum allowable height of structures. See Section 17.305.060 and 17.405.050 E 3 (Accessory Structures) for height measurement requirements and height limit exceptions.

Primary Structure 35 ft. 35 ft. 35 ft. 35 ft. 45 ft. 45 ft.

Accessory Structure 15 ft. 15 ft. 15 ft. 15 ft. 15 ft. 15 ft.

Open Space N/A for Single-Family Residential Development.

Minimum open space to be provided for each
dwelling unit.

Common N/A N/A N/A 250 sq. ft.

Private N/A N/A N/A 100 sq. ft.

Slope Rear Setback Area = 3% maximum slope
Rear Yard Area = 5% maximum slope with 20 ft. min depth Separation Distance 10 ft. minimum separation distance between primary and accessory structures.

See also Chapter 17.420 (Multi-Family Development).

Accessory Structures See Chapter 17.405 (Accessory Structures and Uses).

Fences and Walls See Chapter 17.315 (Fences, Walls, and Hedges).

Landscaping See Chapter 17.325 (Landscaping Standards).

Parking See Chapter 17.330 (Off-Street Parking and Loading Standards).

Paving Within Front
Setback Area
See Section 17.305.090 (Paving Within Residential Front Yard Area); Section 17.330.100 (Paving Limitations for Driveways in Residential Zones); and Chapter 17.655 (Zoning Clearances).

Satellite Antennas See Section 17.430.290 (Satellite/Dish Antenna and Amateur Radio Facilities).

Signs See Chapter 17.335 (Sign Standards).

3.A.10.c
Packet Pg. 322 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-29

17.215.035 — Paving Within Residential Front Yard Area
A. Driveways. As specified in Section 17.330.100 (Paving Limitations for Single-Family Dwellings), the amount of allowable paving for driveways shall not exceed 35 percent of the required total front yard area. See Figure 3-3 (Limits on Paving and Hardscaping for Residential Front Yards). The Director may approve deviations from this standard for parcels of 50 feet or less in width. (Ord. 21-02, Adopted April 20, 2021) B. Walkway. The amount of paved walkways and hardscape shall not exceed 25 percent of the required front yard area. See Figure 3-3 (Limits on Paving and Hardscaping for Residential Front Yards).

C. All of front yard area. A minimum of 40 percent of the front yard shall consist of pervious surfaces for landscaping.

D. Zoning Clearance. New driveway paving and hardscape features (e.g., walkways, patios, etc.) shall require a Zoning Clearance issued in compliance with Chapter 17.655 (Zoning Clearances).

Figure 3-3
Limits on Paving and Hardscaping for Residential Front Yards

17.215.040 — Residential Zone Density Incentives
A. Compliance with density thresholds. The minimum and maximum density thresholds indicated in Table 2-3 shall apply to development in residential zones. Development shall not be allowed at less than or more than the indicated density thresholds, except in the following instances:

3.A.10.c
Packet Pg. 323 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-30

1. Less than minimum density threshold. A proposed project may be allowed at less than the applicable minimum density threshold only if the project complies with Chapter 17.645 (Transfer of Development Rights).

2. Greater than maximum density threshold. A proposed project may be allowed at greater than the applicable maximum density threshold only if the project complies with Chapter 17.310 (Affordable Housing – Density Bonuses), Chapter

17.645 (Transfer of Development Rights), or permitted by this Section.

B. Allowed by right. A proposed residential project shall be allowed by right at the applicable minimum density, subject to any permits required by Table 2-2 (Allowed Uses and Permit Requirements in Residential Zones).

C. Allowed density up to maximum threshold. A proposed project may be allowed at a density higher than the minimum, up to the maximum applicable density, if the proposed project:

1. Obtains approval of a Site Plan and Design Review in compliance with Chapter

17.630 (Site Plan and Design Review), as modified in this Section; and

2. Provides the required amenities identified in Subsection D (Amenity Density Incentives), below.

D. Amenity Density Incentives. A proposed project in any residential zone, except the RE and RR zones, may qualify for an amenity density incentives (i.e., be allowed to develop above the maximum applicable density threshold) by providing the amenities identified in Table 2-4 (Amenity Density Incentives for Projects in Residential Zones). The amount of the increased density shall not exceed the 25% above the maximum of the density range stated for the specific zone. For the purposes of this Section, the term “amenity” shall be broadly defined to include natural features (e.g., trees, streams, green space, views, etc.) as well as amenities for the benefit of the community (e.g., street furniture, child care space, community space, street awnings, etc.). An amenity shall not include cash or the provision of cash in lieu of a physical amenity.

3.A.10.c
Packet Pg. 324 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-31 Table 2-5
Amenity Density Incentives for Projects in Residential Zones Amenity Incentive
Development is located within 1/2 mile of a shopping center and medical facilities 1 additional dwelling unit per acre
Development is located within 1/2 mile of public transportation or a shuttle service is provided 1 additional dwelling unit per acre Development is located within 1/2 mile of public park 1 additional dwelling unit per acre Development is part of a mixed-use project with at least 40% of the floor area dedicated to non-residential uses 1 additional dwelling unit per acre Existing natural features (rock outcrops, mature trees, topography, etc.) are saved on-site and integrated into the development 1 additional dwelling unit per acre An on-site professional management service is provided full-time ½ additional dwelling unit per acre Active and passive solar energy concepts are used to lower energy costs to residents ½ additional dwelling unit per acre
Minimum open space requirement is exceeded by 25% or more ½ additional dwelling unit per acre Day care services are provided on-site ½ additional dwelling unit per acre (For developments in the RVH zone only):

Development includes at least 50% of the units that are affordable to lower-income households
4 additional dwelling units per acre
Other amenities that the applicant or the review authority propose Subject to approval by the review authority
E. Submittal requirements. In addition to the submittal requirements in Chapter 17.630 (Site Plan and Design Review) and in Chapter 17.600 (Permit Application Filing and Processing), the Director may request additional information to properly evaluate the need, appropriateness, or impact of the proposed amenity density incentive and to permit a finding that the proposed incentive is justified and, if granted, would not negatively impact the public health, safety, or welfare.

F. Approval of amenity density incentive. An amenity density incentive may be approved, disapproved, conditionally approved, approved at a lower intensity or conditionally approved at a lower intensity.

3.A.10.c
Packet Pg. 325 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-32

17.215.050 — Group Homes for Persons with Disabilities
Notwithstanding any provision contained in this Development Code to the contrary, group homes for persons with disabilities shall be deemed a permitted use in all residential zone districts within the City. (Ord. 14-03, adopted May 6, 2014, Ord 19-10, Adopted June 16, 2019, Ord 19-22, Adopted December 17, 2019, Ord. 21-02, Adopted April 20, 2021)

17.215.060 — Residential Zone Density Exception
A. Development of a Single-Family Residence shall be permitted on any parcel legally established prior to January 1, 2023 in the Residential Low Density, Residential Medium Density and Residential High Density Zones, even if such development is below the minimum density provided in Table 2-3 for the Zone in which it is located subject to the Development Standards of the RL Zone. Such Development, when legally established, shall be considered a conforming use.

3.A.10.c
Packet Pg. 326 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) COMMERCIAL AND OFFICE ZONES 17.220
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-33 Chapter 17.220 — Commercial and Office Zones
Sections:

17.220.010 — Purposes of the Commercial and Office Zones

17.220.020 — Commercial and Office Zone Land Uses and Permit Requirements

17.220.030 — Commercial and Office Zone Development Standards

17.220.010 — Purposes of the Commercial and Office Zones The purposes of the individual commercial zones and the manner in which they are applied are as follows:

A. CN (Commercial Neighborhood) Zone. The CN zone is applied to areas appropriate for providing small-scale retail and personal service uses for the local population living in adjacent residential neighborhoods. This zone allows a maximum floor area ratio (FAR) of 0.40. The CN zone is consistent with the Commercial land use designation of the General Plan.

B. CG (Commercial General) Zone. The CG zone is applied to areas appropriate for general commercial and daily shopping needs of a broad market area. The CG zone may allow a wide range of retail sales and business, professional, and personal services that are accessible to transit corridors. This zone allows a maximum floor area ratio (FAR) of 0.50. The CG zone is consistent with the Commercial land use designation of the General Plan.

D. CR (Commercial Regional) Zone. The CR zone is applied to areas appropriate for large scale commercial development with retail, entertainment, and or service uses of a scale and function to serve a regional market. Uses allowed in the CR zone may include auto repair and sales, “big box” retail, factory outlets, hotels, and movie theaters. This zone allows a maximum floor area ratio (FAR) of 0.50. The CR zone is consistent with the Commercial land use designation of the General Plan.

E. Office Park (OP). The OP zone is applied to areas appropriate for a variety of singletenant and multi-tenant offices that include administrative, corporate, financial, general business, legal, medical, professional, research and development, and other supporting uses customarily situated on large parcels in a campus park like setting. Uses allowed in this zone may also include small convenience or service commercial activities intended to meet the needs of the onsite employee population. Other uses that are determined to be compatible with the primary uses may also be allowed. This zone allows a maximum floor area ratio (FAR) of 0.50. The OP zone is consistent with the Business Park land use designation of the General Plan.

3.A.10.c
Packet Pg. 327 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) COMMERCIAL AND OFFICE ZONES 17.220
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-34

17.220.020 — Commercial and Office Zone Land Uses and Permit Requirements A. Allowed land uses. Table 2-2 indicates the uses allowed within each commercial and office zone and the planning permit required to establish each use, in compliance with Article 6 (Planning Permit Procedures).

B. Prohibited land uses. Any table cell with a “---” means that the listed land use is expressly prohibited in that specific zone.

C. Land uses not listed. For land uses not listed in Table 2-2, the provisions of Chapter

17.105 (Interpretation of Regulations) shall apply. (Ord. 21-02, Adopted April 20, 2021) D. Site Plan and Design Review required. All construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) shall require Site Plan, Design Review, and Water Efficient Landscape and Irrigation approval in compliance with Chapter 17.630 (Site Plan and Design Review) and 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016)
E. Applicable Regulations. Where the last column in the tables ("Specific Use Regulations") includes a Section number, the regulations in the referenced section apply to the use; however, provisions in other Sections of this Development Code may also apply.

17.220.030 — Commercial and Office Zone Development Standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 2₋6, in addition to the standards and guidelines in Article 3 (Site Planning and Development Standards) (e.g., landscaping, parking and loading, signs, etc.), Article 4 (Standards for Specific Land Uses (e.g., outdoor display and sales, outdoor storage, etc.), and Chapter 17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)

3.A.10.c
Packet Pg. 328 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) COMMERCIAL AND OFFICE ZONES 17.220
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-35 Table 2-6
Development Standards for Commercial and Office Zones
Development Feature
See Article 8 (Definitions)

CN CG CR OP
Minimum Parcel Dimensions
Minimum dimensions required for each newly created parcel. Parcel area shall be measured in terms of net area, as defined in Article 8 (Definitions). Commercial Developments within a master planned development that includes a master property association (or similar) for maintenance of common areas, parking lots, etc. and provides cross lot access and parking shall be exempt from the minimum parcel dimensions below.

Parcel Area (Net) 20,000 sq. ft. 20,000 sq. ft. 15 acres 5 acres Parcel Width 50 ft. 50 ft. 500 ft. 300 ft.

Parcel Depth 100 ft. 100 ft. 250 ft. 250 ft.

Floor Area Ratio (FAR) Maximum floor area ratio (FAR) allowed per net acre. See “Area, Net” in Article 8 (Definitions).

Maximum FAR .40 .50 .50 .50
Minimum Setbacks
Minimum setbacks required. See Section 17.305.120 for setback measurement, allowed projections into setbacks, and exceptions. See Article 4 (Standards for Specific Land Uses) for setback requirements applicable to specific land uses. Review Appendix 1 of the Landscape Design Guidelines for possible greater setback requirements on certain streets.

Front 15 ft. 10 ft. 15 ft. 15 ft.

Side (Interior)
Abutting nonresidential None
required
None
required 30 ft. 30 ft.

Abutting residential 10 ft. 10 ft. 35 ft. 35 ft.

Side (Street) 10 ft. 10 ft. 20 ft. 20 ft.

Rear
Abutting nonresidential None
required
None
required
None
required 25 ft.

Abutting residential 15 ft. 15 ft. 35 ft. 35 ft.

Maximum Height
Maximum allowable height of structures. See Section 17.305.060 and 17.405.050 E 3 (Accessory Structures) for height measurement requirements and height limit exceptions.

Primary Structure 35 ft. 45 ft. 45 ft. 45 ft.

Accessory Structure 15 ft. 15 ft. 15 ft. 15 ft.

3.A.10.c
Packet Pg. 329 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) COMMERCIAL AND OFFICE ZONES 17.220
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-36 Table 2-6
Development Standards for Commercial and Office Zones
Development Feature
See Article 8 (Definitions)

CN CG CR OP
Impervious Surface Coverage
Maximum percentage of the total gross parcel area that may be covered by structures and impervious surfaces.
80% 85% 90% 70%
Accessory Structures See Chapter 17.405 (Accessory Structures and Uses).

Fences and Walls See Chapter 17.315 (Fences, Walls, and Hedges).

Landscaping See Chapter 17.325 (Landscaping Standards).

Parking See Chapter 17.330 (Off-Street Parking and Loading Standards).

Satellite Antenna See Section 17.430.290 (Satellite/Dish Antenna and Amateur Radio Facilities).

Signs See Chapter 17.335 (Sign Standards).
(Ord 19-22, Adopted December 17, 2019, Ord. 21-02, Adopted April 20, 2021)

3.A.10.c
Packet Pg. 330 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-37 Chapter 17.225 — Industrial Zones
Sections:

17.225.010 — Purposes of the Industrial Zones

17.225.020 — Industrial Zone Land Uses and Permit Requirements

17.225.030 — Industrial Zone Development Standards

17.225.010 — Purposes of the Industrial Zones
The purposes of the individual industrial zones and the manner in which they are applied are as follows:

A. BP (Business Park) Zone. The BP zone is applied to areas appropriate for single-tenant and multi-tenant offices that include corporate headquarters, research and development, product development, and general business uses customarily situated on large parcels in a campus park like setting. Uses allowed in this zone may also include small convenience or service commercial activities intended to meet the needs of the onsite employee population. Other uses that are determined to be compatible with primary uses may also be allowed. This zone allows a maximum floor area ratio (FAR) of 1.0 The BP zone is consistent with the Business Park land use designation of the General Plan.

B. IL (Industrial Light) Zone. The IL zone is applied to areas appropriate for light industry and manufacturing and heavier commercial service-type uses whose proximity to major arterial highways is essential or desirable for their operation due to the large volumes of vehicle and truck traffic that they generate. Uses allowed in this zone may include general manufacturing uses, auto repair services, pest control services, pool maintenance services, and woodworking shops. This zone allows a maximum floor area ratio (FAR) of 0.50. The IL zone is consistent with the Industrial land use designation of the General Plan.

C. IH (Industrial Heavy) Zone. The IH zone is applied to areas appropriate for a variety of low polluting and nonpolluting industrial and manufacturing activities, including limited regional and subregional commercial activities that are nonpolluting and can coexist compatibly with surrounding land uses. Uses allowed in this zone may include research and development; manufacturing and processing; large single-tenant distribution and sales; boat, recreational vehicle, and truck repair; offices; warehousing and indoor storage; and high technology production. Other uses that are determined to be compatible with primary uses may also be allowed. This zone allows a maximum floor area ratio (FAR) of 0.50. The IH zone is compatible with the Industrial land use designation of the General Plan.

3.A.10.c
Packet Pg. 331 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-38

17.225.020 — Industrial Zone Land Uses and Permit Requirements A. Allowed land uses. Table 2-2 indicates the uses allowed within each industrial zone and the planning permit required to establish each use, in compliance with Article 6 (Planning Permit Procedures).

B. Prohibited land uses. Any table cell with a “---” means that the listed land use is expressly prohibited in that specific zone.

C. Land uses not listed. For land uses not listed in Table 2-2, the provisions of Chapter

17.105. (Interpretation) shall apply. (Ord. 21-02, Adopted April 20, 2021) D. Site Plan and Design Review required. All construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) shall require Site Plan, Design Review, and Water Efficient Landscape and Irrigation approval in compliance with Chapter 17.630 (Site Plan and Design Review) and Chapter 17.325 (Water Efficient Landscape and Irrigation). (Ord. 16-01, Adopted April 5, 2016) E. Applicable Regulations. Where the last column in the tables ("Specific Use Regulations") includes a Section number, the regulations in the referenced section apply to the use; however, provisions in other Sections of this Development Code may also apply.

17.225.030 — Industrial Zone Development Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 2₋9, in addition to the standards and guidelines in Article 3 (Site Planning and Development Standards) (e.g., landscaping, parking and loading, signs, etc.), Article 4 (Standards for Specific Land Uses (e.g., outdoor storage, etc.), and Chapter 17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)

3.A.10.c
Packet Pg. 332 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-39 Table 2-7
Development Standards for Industrial Zones
Development Feature
See Article 8 (Definitions)

BP IL IH
Parcel Dimensions
Minimum dimensions required for each newly created parcel. Parcel area shall be measured in terms of net area, as defined in Article 8 (Definitions).

Industrial Developments within a master planned development that includes a master property association (or similar) for maintenance of common areas, parking lots, etc. and provides cross lot access and parking shall be exempt from the minimum parcel dimensions.

Parcel Area (Net) 5 acres No minimum No minimum
Parcel Width 300 ft. 50 ft. 150 ft.

Parcel Depth 200 ft. 200 ft. 200 ft.

Floor Area Ratio
Maximum floor area ratio (FAR) allowed per net acre. See “Area, Net” in Article 8 (Definitions).

1.0 .50 .50
Setbacks
Minimum setbacks required. See Section 17.305.120 for setback measurement, allowed projections into setbacks, and exceptions. See Article 4 for setback requirements applicable to specific land uses. See Article 8 for definitions of “Abutting” and “Adjacent”. Review Appendix 1 of the Landscape Design Guidelines for possible greater setback requirements on certain streets.

Front
Adjacent to nonresidential 10 ft. 10 ft. 15 ft.

Adjacent to residential 25 ft. 50 ft. 50 ft.

Side (Interior)
Abutting nonresidential 10 ft. 10 ft. 10 ft.

Abutting residential 35 ft. 35 ft. 50 ft.

Side (Street)
Adjacent to nonresidential 10 ft. 10 ft. 20 ft.

Adjacent to residential 25 ft. 25 ft. 50 ft.

Rear
Abutting nonresidential 25 ft. None None
Abutting residential 35 ft. 15 ft. 75 ft.

Impervious Surface Coverage
Maximum percentage of the total gross parcel area that may be covered by structures and impervious surfaces.
70% 80% 85%

3.A.10.c
Packet Pg. 333 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-40 Table 2-7
Development Standards for Industrial Zones
Development Feature
See Article 8 (Definitions)

BP IL IH
Height
Maximum allowable height of structures. See Chapter 17.305.060 and

17.405.050 E 3 (Accessory Structures) for height measurement requirements and height limit exceptions.

Primary Structure 45 ft. 45 ft. 60 ft.

Accessory Structure 15 ft. 15 ft. 15 ft.

Accessory Structures See Chapter 17.405 (Accessory Structures and Uses).

Fences and Walls See Chapter 17.315 (Fences, Walls, and Hedges).

Landscaping See Chapter 17.325 (Landscaping Standards).

Parking See Chapter 17.330 (Off-Street Parking and Loading Standards).

Satellite/Dish Antennae See Section 17.430.290 (Satellite/Dish Antenna and Amateur Radio Facilities).

Signs See Chapter 17.335 (Sign Standards).
(Ord 19-22, Adopted December 17, 2019, Ord. 21-02, Adopted April 20, 2021)

3.A.10.c
Packet Pg. 334 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-41 Chapter 17.227 — Mixed-Use Zones
Sections:

17.225.010 — Purposes of the Mixed-Use Zones

17.227.020 — Mixed-Use Zone Land Uses and Permit Requirements

17.227.030 — Mixed-Use Zone Development Standards

17.227.040 — Mixed-Use, Mixed-Use Entertainment, and Downtown Village Zone Minimum Density Exception

17.227.010 — Purposes of the Mixed-Use Zones
The purposes of the individual industrial zones and the manner in which they are applied are as follows:

A. MU (Mixed-Use) Zone. The MU zone is applied to areas appropriate for medium to high-density residential development and retail, office and service uses. This designation allows for vertical integration of compatible uses, whereby such uses share the same building or lot, or horizontal integration of uses, where compatible uses are located next to each other. Single-use projects comprised only of residential or commercial uses are also allowed. Plazas, courtyards, outdoor dining, transit stops and other public gathering spaces and community amenities, such as art in public places, are strongly encouraged. This Zone allows residential densities between 10.1and 36 dwelling units per gross acre and a floor area ratio (FAR) of up to 0.75. For projects which include residential and nonresidential components, the density requirements shall apply to the residential component and the FAR shall apply to the nonresidential component. The MU zone is consistent with the Mixed-Use land use designation of the General Plan.

B. MU-E (Mixed-Use Entertainment) Zone. The MU-E zone is applied to areas appropriate for high-density residential development with commercial, office, institutional, and business uses emphasizing retail, and entertainment activities. Such development is intended to facilitate the grouping of innovative housing options with employment uses, entertainment activities, public gathering spaces, transit stations and other community amenities, such as art in public places. The focus of the development and design standards is on ensuring that large-scale mixed-use projects are functionally integrated through the relationships between location and types of uses and structures, the efficient use of land, optimal site planning and design elements. This Zone allows residential densities between 10.1 and 36 dwelling units per gross acre and a floor area ratio (FAR) of up to 1.0. For projects which include residential and nonresidential components, the density requirements shall apply to the residential component and the FAR shall apply to the nonresidential component. The MU-E zone is consistent with the Mixed-Use land use designation of the General Plan.

3.A.10.c
Packet Pg. 335 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-42 C. DV (Downtown Village) Zone. The Downtown Village land use designation allows for a variety of commercial uses with a strong pedestrian orientation and design that enhances the City’s small-town character. Development in these areas will be subject to additional design and development standards intended to support the Downtown area.

Mixed commercial, office, and residential development (residential uses above or beside commercial uses) is also permitted in the DV designation. Single-use projects, comprised only of residential or commercial uses are also allowed. This Zone allows residential densities between 10.1 and 40 dwelling units per gross acre and a floor area ratio (FAR) of up to 2.0. For projects which include residential and nonresidential components, the density requirements shall apply to the residential component and the FAR shall apply to the nonresidential component. The DV Zone is compatible with the Downtown Village land use designation of the General Plan.

17.227.020 — Mixed-Use Zone Land Uses and Permit Requirements A. Allowed land uses. Table 2-2 indicates the uses allowed within each Mixed-Use zone and the planning permit required to establish each use, in compliance with Article 6 (Planning Permit Procedures).

B. Prohibited land uses. Any table cell with a “---” means that the listed land use is expressly prohibited in that specific zone.

C. Land uses not listed. For land uses not listed in Table 2-2, the provisions of Chapter

17.105. (Interpretation) shall apply.

D. Site Plan and Design Review required. All construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) shall require Site Plan, Design Review, and Water Efficient Landscape and Irrigation approval in compliance with Chapter 17.630 (Site Plan and Design Review) and Chapter 17.325 (Water Efficient Landscape and Irrigation).

E. Applicable Regulations. Where the last column in the tables ("Specific Use Regulations") includes a Section number, the regulations in the referenced section apply to the use; however, provisions in other Sections of this Development Code may also apply.

3.A.10.c
Packet Pg. 336 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-43

17.227.030 — Mixed-Use Zone Development Standards
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Tables 2₋8 (Development Standards for Mixed-Use and Commercial Developments within the MixedUse Zones), 2-9 (Development Standards for Small Lot Residential Detached Developments in Mixed-Use Zones) in addition to the standards and guidelines in Article 3 (Site Planning and Development Standards) (e.g., landscaping, parking and loading, signs, etc.), Article 4 (Standards for Specific Land Uses (e.g., outdoor storage, etc.), and Chapter 17.325 – Water Efficient Landscape and Irrigation.

A. Mixed-Use Projects Development Standards. For purposes of the Mixed-Use Development Standards, projects shall be evaluated based on the type of development proposed. Table 2-8 regulates the development of vertical and horizontal mixed-use projects and standalone commercial developments. Table 2-9 regulates the development of small lot subdivisions. A mixed-use project may involve one, or more, types of development. Each development type shall be evaluated by its corresponding standards.

Where ambiguity exist, the Director shall have the authority to determine the appropriate application of these standards.

B. Mixed-Use Zone Standards for Mixed-Use and Commercial Developments. MixedUse and Commercial Developments located within the Mixed-Use Zones shall comply with the following development standards.

Table 2-8
Development Standards for Mixed-Use and Commercial Developments within the Mixed-Use Zones
Development Feature
See Article 8 (Definitions)

MU MU-E DV
Residential Density Minimum and maximum number of dwelling units allowed per gross acre.

Minimum 10.1 10.1 10.1
Maximum 36.0 36.0 40.0
Floor Area Ratio Maximum floor area ratio (FAR) allowed per net acre. See “Area, Net” in Article 8 (Definitions).

Maximum FAR 0.75 1.0 2.0
Parcel Dimensions
See Section 17.225.040 for
exemptions
Minimum dimensions required for each newly created parcel. Parcel area shall be measured in terms of net area, as defined in Article 8 (Definitions). MixedUse Developments within a master planned development that includes a master property association (or similar) for maintenance of common areas, parking lots, etc. and provides cross lot access and parking shall be exempt from the minimum parcel dimensions.

Parcel Area (Net) 10,000 sq. ft. 10,000 sq. ft. 5,000 sq. ft.

3.A.10.c
Packet Pg. 337 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-44 Table 2-8
Development Standards for Mixed-Use and Commercial Developments within the Mixed-Use Zones
Development Feature
See Article 8 (Definitions)

MU MU-E DV
Parcel Width 100 ft. 100 ft. 50 ft.

Parcel Depth 100 ft. 100 ft. 100 ft.

Setbacks (Perimeter)
All buildings and structures shall provide the minimum setback listed below from the ultimate perimeter lot line. Such spaces may be inclusive of private open space, common open space, walkways, and other similar amenities.

Abutting Residential 15 ft. 15 ft.

DV Zone – 5 ft.

Non-DV Zone – 10 ft.

Abutting Non-Residential 10 ft. 10 ft. 0 ft.

Abutting Street 15 ft.

Front – Min 0 ft. Max 5ft.

Rear or Side – Min 0 ft.

Open Space Minimum open space to be provided for each dwelling unit.

Common 250 sq. ft.

Private 100 sq. ft.

Structure Coverage
Maximum percentage of the total parcel area that may be covered by structures.
80% 80% 100%
Height
Maximum allowable height of structures. See Chapter 17.305.060 and

17.405.050 E 3 (Accessory Structures) for height measurement requirements and height limit exceptions.

Structure For building sections:

Within 10 feet of a perimeter property line – 35 ft.

Between 10 and 20 feet of a perimeter property line – 40 ft.

Between 20 and 30 feet of a perimeter property line – 45 ft.

Beyond 30 feet of a perimeter property line – 60 ft.

Accessory Structure 15 ft.

Accessory Structures See Chapter 17.405 (Accessory Structures and Uses).

Fences and Walls See Chapter 17.315 (Fences, Walls, and Hedges).

Landscaping See Chapter 17.325 (Landscaping Standards).

Parking See Chapter 17.330 (Off-Street Parking and Loading Standards).

Satellite/Dish Antennae See Section 17.430.290 (Satellite/Dish Antenna and Amateur Radio Facilities).

Signs See Chapter 17.335 (Sign Standards).

3.A.10.c
Packet Pg. 338 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-45 C. Mixed-Use Zone Standards for Small Lot Subdivisions (Detached Residential) Developments. Detached Single-Family Residential Developments located within the Mixed-Use Zones shall comply with the following development standards.

Table 2-9
Development Standards for Small Lot Residential Detached Developments in MixedUse Zones Development Feature
See Article 8 (Definitions)

MU MU-E
Residential Density
Minimum 10.1
Maximum 36.0
Parcel Dimensions
See Section 17.225.040 for
exemptions
Minimum dimensions required for each newly created parcel. Parcel area shall be measured in terms of net area, as defined in Article 8 (Definitions). MixedUse Developments within a master planned development that includes a master property association (or similar) for maintenance of common areas, parking lots, etc. and provides cross lot access and parking shall be exempt from the minimum parcel dimensions.

Parcel Area (Net) 3,000 sq. ft.

Parcel Width 45 ft.

Parcel Depth 65 ft.

Setbacks The setbacks below are required for newly created lots within a small lot subdivision.

Front
15ft. - House
20 ft. – Garage
2 ft. min / 5 ft. max - Alley
Interior Side 5 ft.

Street Side 7 ft.

Rear 5 ft.

3.A.10.c
Packet Pg. 339 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-46 Table 2-9
Development Standards for Small Lot Residential Detached Developments in MixedUse Zones Development Feature
See Article 8 (Definitions)

MU MU-E
Setbacks (Perimeter)
All buildings and structures within a small lot subdivision shall provide the minimum setback listed below from the ultimate perimeter lot line. Such spaces may be inclusive of private open space, common open space, walkways, and other similar amenities.

Abutting Residential 15 ft.

Abutting Non-Residential 10 ft.

Abutting Street 15 ft.

Height
Primary Structure 45 ft.

Accessory Structure 15 ft. (amenities on common lots may be up to 45 ft. in height) Open Space Minimum open space to be provided for each dwelling unit.

Common 250 sq. ft.

Private 100 sq. ft.

Accessory Structures See Chapter 17.405 (Accessory Structures and Uses).

Fences and Walls See Chapter 17.315 (Fences, Walls, and Hedges).

Landscaping See Chapter 17.325 (Landscaping Standards).

Parking See Chapter 17.330 (Off-Street Parking and Loading Standards).

Satellite/Dish Antennae See Section 17.430.290 (Satellite/Dish Antenna and Amateur Radio Facilities).

Signs See Chapter 17.335 (Sign Standards).

17.227.040 — Mixed-Use, Mixed-Use Entertainment, and Downtown Village Zone Minimum Density Exception
A. Development of a Single-Family Residence shall be permitted on any parcel legally established prior to January 1, 2023 in the Mixed-Use, Mixed-Use Entertainment or Downtown Village Zone, even if such development is below the minimum density provided in Table 2-8 for the Zone in which it is located subject to the Development Standards of the RL Zone. Such Development, when legally established, shall be considered a conforming use.

3.A.10.c
Packet Pg. 340 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-47 Chapter 17.230 — Special Purpose Zones
Sections:

17.230.010 — Purposes of the Special Purpose Zones

17.230.020 — Special Purpose Zone Land Uses and Permit Requirements

17.230.030 — Special Purpose Zone Development Standards

17.230.010 — Purposes of the Special Purpose Zones
The purposes of the individual special purpose zones and the manner in which they are applied are as follows:

A. Open Space General (OSG) Zone. The OSG zone is applied to areas appropriate for passive recreational activities and conservation of natural and scenic resources. Uses may include hiking, biking and equestrian trails; outdoor recreation; and extremely low density single-family dwellings. The maximum allowable residential density is 1.0 dwelling unit per 40 net acres. This zone allows maximum floor area ratio (FAR) of 0.10.

The OSG zone is consistent with the Open Space land use designation of the General Plan.

B. Open Space Recreation (OSR) Zone. The OSR zone is applied to areas appropriate for public or private, active or passive outdoor recreational facilities and accessory indoor facilities. Uses may include equestrian clubs, golf courses, swimming schools, tennis clubs, and areas for active sports play (e.g., large multipurpose fields for community events and informal recreation, sports fields and courts, concessions, tot lots, picnic areas, support facilities, caretaker facilities, etc.). This zone allows a maximum floor area ratio (FAR) of 0.15. The OSR zone is consistent with the Open Space land use designation of the General Plan.

C. Public Institutional (PI) Zone. The PI zone is applied to areas appropriate for publiclyowned facilities and properties, including the Eastern Municipal Water District properties. Uses may include City administrative offices and office complexes, community centers, fire stations, police stations, schools, utility substations, and water facilities. Other uses that are determined to be compatible with primary uses may also be allowed. This zone allows a maximum floor area ratio (FAR) of 0.50. The PI zone is consistent with the Public Institution land use designation of the General Plan.

D. Specific Plan (SP) Zone. The SP zone is applied to areas appropriate for all projects of 100 acres or more in size as well as areas that are designated as Specific Plan on the General Plan, both of which warrant a comprehensive set of land use policies and standards designed for the unique features of an area within specific project boundaries.

3.A.10.c
Packet Pg. 341 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-48 A specific plan shall be prepared in compliance with Government Code Sections 65450 et seq. and shall include detailed conditions, programs, and regulations that address specific site constraints and opportunities, including buffering, traffic, noise, and other land use compatibility impacts. Allowed densities and uses are based on the underlying General Plan designation per parcel or, in the absence of a designation, the densities and uses identified in the Specific Plan. The SP zone is consistent with the Specific Plan land use designation of the General Plan.

E. Water Source (W) Zone. The W zone recognizes the natural waterways in San Jacinto.

No development potential is allowed within the Water Source zone except for Governmental Agencies.

17.230.020 — Special Purpose Zone Land Uses and Permit Requirements A. Allowed land uses.

1. Table 2-2 indicates the uses allowed within each special purpose zone and the planning permit required to establish each use, in compliance with Article 6 (Planning Permit Procedures).

2. Recreational uses, open space uses, and public facility uses and accessory support uses represent the principal allowed uses, and only those additional uses that are complementary to, and can exist in harmony with, the character of each zone may be allowed as accessory, conditionally permitted, and/or temporary uses.

B. Prohibited land uses. Any table cell with a “---” means that the listed land use is expressly prohibited in that specific zone.

C. Land uses not listed. For land uses not listed in Table 2-2, the provisions of Chapter

17.105 (Interpretation) shall apply. (Ord. 21-02, Adopted April 20, 2021) D. Site Plan and Design Review required. All construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) shall require Site Plan, Design Review, and Water Efficient Landscape and Irrigation approval in compliance with Chapter 17.630 (Site Plan and Design Review) and Chapter 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016) E. Applicable Regulations. Where the last column in the tables ("Specific Use Regulations") includes a Section number, the regulations in the referenced section apply to the use; however, provisions in other Sections of this Development Code may also apply.

3.A.10.c
Packet Pg. 342 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-49

17.230.030 — Special Purpose Zone Development Standards New land uses and structures, and alterations to existing uses or structures shall be designed, constructed, and/or established in compliance with the requirements in Table 2-8 (Development Standards for Special Purpose Zones), in addition to the general development standards and guidelines (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and Development Standards), Article 4 (Standards for Specific Land Uses (e.g., accessory structures, etc.), and Chapter 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016)
Table 2-10
Development Standards for Special Purpose Zones
Development Feature OSG OSR PI
Minimum Parcel Area N/A N/A N/A
Maximum Floor Area Ratio (FAR) .10 .15 .50
Maximum Density
Minimum and maximum number of dwelling units allowed per net acre. See “Area, Net” in Article 8 (Definitions).
1 dwelling unit per
40 net acres

N/A N/A
Setbacks
The minimum front, side and rear setbacks required shall be equal to those required in the most restrictive abutting zone. The review authority may modify the setbacks when it is found to be necessary to maintain the purpose of the zone.

Review Appendix 1 of the Landscape Design Guidelines for possible greater setback requirements on certain streets.

Maximum Height
The maximum height of a structure shall be equal to that required in the most restrictive abutting zone. The review authority may allow higher structures when it is found to be necessary to maintain the purpose of the zone.

Accessory Structures See Chapter 17.405 (Accessory Structures and Uses).

Fences and Walls See Chapter 17.315 (Fences, Walls, and Hedges).

Landscaping See Chapter 17.325 (Landscaping Standards).

Parking See Chapter 17.330 (Off-Street Parking and Loading Standards).

Satellite Antenna See Section 17.430.290 (Satellite/Dish Antennas and Amateur Radio Facilities).

Signs See Chapter 17.335 (Sign Standards).
(Ord 19-22, Adopted December 17, 2019, Ord. 21-02, Adopted April 20, 2021)

3.A.10.c
Packet Pg. 343 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) COMBINING/OVERLAY ZONES 17.235
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-50 Chapter 17.235 — Combining/Overlay Zones
Sections:

17.235.010 — Purposes of the Combining/Overlay Zones

17.235.020 — Applicability of Combining/Overlay Zone Provisions

17.235.030 — Residential Agricultural Accessory Business (-RAAB) Combining/Overlay Zone

17.235.040 — 6th Cycle Housing Element Overlay Zone (-6HE)

17.235.010 — Purposes of the Combining/Overlay Zones
This Chapter provides regulations for development and new land uses in the combining/overlay zones established by Section 17.20.020 (Zones Established). The combining/overlay zones are intended to provide guidance for development and new land uses in addition to the standards and regulations of the primary zones, where important site, neighborhood, economic development, or compatibility issues require particular attention in project planning.

17.235.020 — Applicability of Combining/Overlay Zone Provisions A. Mapping of combining/overlay zones. The symbols for combining/overlay zones in Section 17.200.020 (Zones Established) shall be used on the Zoning Map to indicate the applicability of combining/overlay zones to specific sites. Each combining/overlay symbol shall be appended as a suffix to the symbol for the primary zone on the Zoning Map. For example, RL-6HE represents an 6th Cycle Housing Element Overlay Zone in the Residential Low Density Zone.

B. Allowed land uses. A land use normally allowed in the primary zone shall be allowed within a combining/overlay zone subject to any additional requirements of the combining/overlay zone, unless otherwise provided in a specific combining/overlay zone.

C. Permit requirements. Development and new land uses within a combining/overlay zone shall obtain the planning permits required for the primary zone, unless otherwise provided in a specific combining/overlay zone.

D. Development standards. Development and new land uses within a combining/overlay zone shall comply with all applicable requirements of the primary zone, unless otherwise provided in a specific combining/overlay zone.

3.A.10.c
Packet Pg. 344 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) COMBINING/OVERLAY ZONES 17.235
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-51 E. Conflict between standards and regulations. In the event of a conflict between the provisions of this Section and any other provision of this Development Code, this Section shall control.

17.235.030 — Residential Agricultural Accessory Business (-RAAB) Combining/Overlay Zone
A. Purpose. The -RAAB combining/overlay zone is applied to various areas of the City that have both low-density residential uses and low-intensity nonresidential uses. The intent is to establish standards that allow the continued and expanded use and operation of the low-intensity nonresidential uses and that will ensure the compatibility of these uses with low-density residential uses. The -RAAB combining/overlay zone is consistent with the Rural Residential and Low Density Residential land use designation in the General Plan.

B. Applicability. The -RAAB overlay may be applied only to properties in the RR (Rural Residential) and RL (Low-Density Residential) zones.

C. Allowed uses. In addition to the uses allowed in the RR (Rural Residential) and RL (Low-Density Residential) zones in compliance with Table 2-2 (Allowed Uses and Permit Requirements in Residential Zones), cottage businesses shall also be allowed within the -RAAB combining/overlay zone.

D. Development standards. All cottage business shall be located, developed, and operated in compliance with Section 17.430.150 (Cottage Businesses).

17.235.040 — 6
th Cycle Housing Element (-6HE) Combining/Overlay Zone
A. Purpose. The 6th Cycle Housing Element Overlay Zone (-6HE) is established to assist in implementation of the requirements of the 2021-2029 Housing Element (6th Cycle). It is intended that the -6HE Overlay Zone is to be applied to properties identified in the adopted 2021-2029 Housing Element as potential lots to accommodate a portion of the City’s unmet lower-income Regional Housing Needs (RHNA) to ensure that appropriate analysis and disclosure of the 6th Cycle Housing Element is maintained. B.Applicability.

The provisions of this Section shall apply to all activities (e.g., additions, alterations, new construction, reconstruction, redevelopment, remodeling, site modification, etc.) within the –6HE combining/overlay zone that require approval of a Site Plan and Design Review in compliance with Chapter 17.630 (Site Plan and Design Review) and Water Efficient Landscape and Irrigation approval per Chapter 17.325 –Water Efficient Landscape and Irrigation. If there is a perceived conflict between the provisions of this Section and those of the underlying zone, the provisions of this Section shall prevail.

C. Allowed uses. The uses allowed within the -6HE combining/overlay zone shall be the same as those of the underlying zone, unless modified by this Section.

3.A.10.c
Packet Pg. 345 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) COMBINING/OVERLAY ZONES 17.235
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2-52 D. Development and use standards of base zone not affected. The -6HE Overlay Zone does not change the use and development standards of the underlying base zone.

E. Additional requirements for residential development. The following regulations shall apply to the use of a lot designated with the –6HE combining/overlay zone when the proposed development includes a residential component:

1. The minimum residential density shall be 20 dwelling units per net acre.

2. Residential uses shall occupy at least 50 percent of the total gross floor area of a mixed-use development.

3. For developments in which 20 percent or more of the units are affordable to lower income households (income and affordability levels set forth in Sections 50079.5, 50093, and 50105 of the Health and Safety Code shall apply), owner-occupied and rental multifamily uses shall be permitted.

4. An applicant for a project pursuant to this Section may apply for a density bonus in accordance with Government Code Section 65915.

F. Change of Zone. A property owner may petition for a Change of Zone to remove the - 6HE overlay designation; however, such application would require replacement consistent with the 6th Cycle Housing Element program and applicable state law.

3.A.10.c
Packet Pg. 346 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

COMBINING/OVERLAY
ZONES 17.235
SAN JACINTO DEVELOPMENT CODE,TITLE 17DECEMBER 20122-53

3.A.10.c
Packet Pg. 347 Attachment: Ordinance No. 22-10 - Exhibit "B" - Article 2 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ARTICLE 3 SITE PLANNING AND DEVELOPMENT STANDARDS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-1 Article 3
Site Planning and Development Standards
Table of Contents
Page
Chapter 17.300 — Performance Standards.........................................................................................3-7

17.300.010 — Purpose ....................................................................................................................3-7

17.300.020 — Applicability............................................................................................................3-7

17.300.030 — Air Quality...............................................................................................................3-7

17.300.040 — Electrical Disturbances...........................................................................................3-9

17.300.050 — Fire Hazards ............................................................................................................3-9

17.300.055 — Grading and Treatment and Disposition Agreement (TDA) ...........................3-9

17.300.060 — Noise.......................................................................................................................3-10

17.300.070 — Odor........................................................................................................................3-10

17.300.080 — Outdoor Light and Glare .....................................................................................3-10

17.300.090 — Property Maintenance..........................................................................................3-11

17.300.100 — Vibration ................................................................................................................3-11

17.300.110 — Waste Disposal......................................................................................................3-12

17.300.120 — Water Quality........................................................................................................3-12 Chapter 17.305 — Development and Use Standards .....................................................................3-13

17.305.010 — Purpose ..................................................................................................................3-13

17.305.020 — Applicability..........................................................................................................3-13

17.305.030 — Lots .........................................................................................................................3-13

17.305.040 — Agriculture Preservation (Right-to-Farm) ........................................................3-15

17.305.050 — Floodplain Management......................................................................................3-16

17.305.060 — Height Measurement and Height Limit Exceptions........................................3-16

17.305.070 — Hillside Development..........................................................................................3-18

17.305.080 — Metal Buildings and Structures ..........................................................................3-18

17.305.090 — Reserved.................................................................................................................3-19

17.305.100 — Reserved.................................................................................................................3-19

17.305.110 — Screening and Buffering ......................................................................................3-19

17.305.120 — Setback Regulations and Exceptions..................................................................3-22

17.305.130 — Solid Waste/Recyclable Materials Storage ........................................................3-27

17.305.140 — Surface Mining and Reclamation .......................................................................3-29

17.305.150 — Traffic Visibility Area...........................................................................................3-29

3.A.10.d
Packet Pg. 348 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SITE PLANNING AND DEVELOPMENT STANDARDS ARTICLE 3
3-2 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.305.160 — Undergrounding of Utilities ...............................................................................3-33 Chapter 17.310 — Affordable Housing – Density Bonuses .........................................................3-36

17.310.010 — Purpose ..................................................................................................................3-36

17.310.020 — Applicability..........................................................................................................3-36

17.310.030 — Eligible Projects for Density Bonus ....................................................................3-36

17.310.040 — Concessions or Incentives....................................................................................3-38

17.310.050 — Waivers or Reductions.........................................................................................3-40

17.310.060 — Application Filing, Processing, and Approval .................................................3-40

17.310.070 — Findings for Approval of Density Bonus ..........................................................3-41 Chapter 17.315 — Fences, Walls, and Hedges.................................................................................3-44

17.315.010 — Applicability..........................................................................................................3-44

17.315.020 — Location, Height, and Type Standards ..............................................................3-44

17.315.030 — Modifications to Location and Height Standards ............................................3-47

17.315.040 — Measurement of Height.......................................................................................3-48

17.315.050 — Retaining Walls .....................................................................................................3-49

17.315.060 — Standards for Specific Types of Fences and Walls...........................................3-50

17.315.070 — Materials and Construction.................................................................................3-50

17.315.075 — Modifications to Existing Walls and Fences .....................................................3-53

17.315.080 — Permit and Review Procedures ..........................................................................3-54 Chapter 17.325 — Water Efficient Landscape and Irrigation.......................................................3-55

17.325.010 — Findings..................................................................................................................3-55

17.325.020 — Purpose ..................................................................................................................3-56

17.325.030 — Applicability..........................................................................................................3-58

17.325.040 — Exemptions from Landscaping Requirements .................................................3-58

17.325.050 — Definitions .............................................................................................................3-59

17.325.060 — Landscape and Irrigation Submittal Package Requirements .........................3-67

17.325.070 — Certificate of Completion ....................................................................................3-83

17.325.080 — Irrigation Scheduling ...........................................................................................3-84

17.325.090 — Landscape and Irrigation Maintenance Schedule............................................3-85

17.325.100 — Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis ......3-86

17.325.110 — Recycled Water .....................................................................................................3-87

17.325.120 — Graywater Systems...............................................................................................3-87

17.325.130 — Stormwater Management and Rainwater Retention.......................................3-87

17.325.140 — Water Waste Prevention ......................................................................................3-88

17.325.150 — Maintenance ..........................................................................................................3-89

17.325.160 — Public Education...................................................................................................3-89

17.325.170 — Protection of Solar Access....................................................................................3-90

17.325.180 – Prescriptive Compliance Option ..........................................................................3-90 Chapter 17.330 — Off-Street Parking and Loading Standards....................................................3-93

17.330.010 — Purpose ..................................................................................................................3-93

17.330.020 — Applicability..........................................................................................................3-93

17.330.030 — General Parking Provisions.................................................................................3-94

17.330.040 — Limitations on Parking/Storage of Vehicles......................................................3-94

3.A.10.d
Packet Pg. 349 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ARTICLE 3 SITE PLANNING AND DEVELOPMENT STANDARDS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-3

17.330.050 — Number of Parking Spaces Required.................................................................3-97

17.330.060 — Adjustments to Parking Requirements............................................................3-108

17.330.070 — Disabled/Handicapped Parking Requirements..............................................3-111

17.330.080 — Parking Design and Development Standards ................................................3-112

17.330.090 — Landscaping Standards for Parking Areas .....................................................3-119

17.330.100 — Paving Limitations for Driveways for Single-Family Dwellings.................3-121

17.330.110 — Bicycle Parking....................................................................................................3-123

17.330.120 — Off-Street Loading Design and Development Standards .............................3-125 Chapter 17.335 — Sign Regulations................................................................................................3-128

17.335.010 — Purpose ................................................................................................................3-128

17.335.020 — Applicability........................................................................................................3-129

17.335.030 — General Provisions..............................................................................................3-130

17.335.040 — Definitions ...........................................................................................................3-131

17.335.050 — Prohibited Signs..................................................................................................3-146

17.335.060 — Standards for All Types of Signs ......................................................................3-147

17.335.070 — Standards for Permanent Signs ........................................................................3-153

17.335.080 — Standards for Specific Types of Permanent Signs..........................................3-156

17.335.090 — Standards for Signs for Specific Uses...............................................................3-164

17.335.100 — Standards for Temporary Signs........................................................................3-168

17.335.110 — Guidelines for Signs in Downtown Area ........................................................3-169

17.335.120 — Procedures for Sign Permits, Exemptions, and Revocations........................3-169

17.335.130 — Comprehensive Sign Program..........................................................................3-176

17.335.140 — Maintenance ........................................................................................................3-178

17.335.150 — Enforcement ........................................................................................................3-180

17.335.160 — Nonconforming Signs ........................................................................................3-180

17.335.170 — Abandoned Signs................................................................................................3-181

17.335.180 — Illegal Signs..........................................................................................................3-182 Chapter 17.350 — Transportation Demand Management..........................................................3-183

17.350.010 — Purpose ................................................................................................................3-183

17.350.020 — Applicability........................................................................................................3-183

17.350.030 — Trip Reduction Standards and Plans ...............................................................3-184

17.350.040 — Trip Reduction Facilities and Methods ...........................................................3-184

17.350.050 — Enforcement ........................................................................................................3-187

17.350.060 — Compliance with AQMD Regulation XV........................................................3-187

17.350.070 — Voluntary Plans and Programs.........................................................................3-188

3.A.10.d
Packet Pg. 350 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SITE PLANNING AND DEVELOPMENT STANDARDS ARTICLE 3
3-4 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 List of Tables
Page
Table 3-1 Minimum Separation Distance for Proposed New Sensitive Land Uses ...............3-8 Table 3-2 Maximum Allowed Projections into Setback Areas ................................................3-26 Table 3-3 Summary of State-Mandated Density Bonus Requirements..................................3-37 Table 3-4 Standards for Fences, Walls, and Hedges .................................................................3-45 Table 3-5 Parking Requirements by Land Use ..........................................................................3-98 Table 3-6 Parking Reductions for Large Projects ....................................................................3-111 Table 3-7 Maximum Distances For Off-Site Parking For Nonresidential Uses ..................3-113 Table 3-8 Parking Space Dimensions........................................................................................3-117 Table 3-9 Parking Area Dimensions .........................................................................................3-117 Table 3-10 Required Loading Spaces ..........................................................................................3-126 Table 3-11 Signs Allowed in Residential Zones ........................................................................3-153 Table 3-12 Signs Allowed in Commercial, Office, Institutional, and Industrial Zones .......3-155 Table 3-13 Number of Employees Generated by Land Uses...................................................3-183 List of Figures
Page
Figure 3-1 Outdoor Light and Glare.............................................................................................3-11 Figure 3-2 Height Measurement ...................................................................................................3-16 Figure 3-3 Limits on Paving and Hardscaping for Residential Front Yards...........................3-19 Figure 3-4 Screening and Buffering between Different Land Uses and Zones ......................3-21 Figure 3-5 Screening of Roof-Mounted Equipment....................................................................3-21 Figure 3-6 Rear Setback Areas on Irregularly-Shaped Parcels .................................................3-25 Figure 3-7 Allowed Projections into Setback Area .....................................................................3-27 Figure 3-8 Solid Waste Enclosure..................................................................................................3-29 Figure 3-9 Traffic Visibility Area for Street-to-Street Intersections..........................................3-31 Figure 3-10 Traffic Visibility Area for Street-to-Driveway Intersections ..................................3-32 Figure 3-11 Types of Fencing...........................................................................................................3-48 Figure 3-12 Fence, Wall, and Hedge Location and Height..........................................................3-49 Figure 3-13 Maximum Height of Combined Fence and Retaining Wall ...................................3-50 Figure 3-14 Stepped Retaining Walls .............................................................................................3-51 Figure 3-15 Allowable Recreational Vehicle Storage Area..........................................................3-96 Figure 3-16 Downtown Area Subject to Reduced Parking Requirements ..............................3-107 Figure 3-17 Parking Area Layout..................................................................................................3-115 Figure 3-18 Interior Parking Lot Landscaping............................................................................3-117 Figure 3-19 Line of Sight Study .....................................................................................................3-121 Figure 3-20 Awning Sign................................................................................................................3-127 Figure 3-21 Canopy Sign ................................................................................................................3-128 Figure 3-22 Changeable Copy Signs .............................................................................................3-129 Figure 3-23 Directional Sign...........................................................................................................3-130 Figure 3-24 Double-Faced Sign......................................................................................................3-131

3.A.10.d
Packet Pg. 351 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) ARTICLE 3 SITE PLANNING AND DEVELOPMENT STANDARDS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-5 Figure 3-25 Types of Freestanding Signs .....................................................................................3-132 Figure 3-26 Frontages......................................................................................................................3-133 Figure 3-27 Projecting Sign ............................................................................................................3-135 Figure 3-28 Sign Projection ............................................................................................................3-136 Figure 3-29 Electrical Raceway with Channel Letter..................................................................3-136 Figure 3-30 Temporary Signs.........................................................................................................3-138 Figure 3-31 Wall Sign......................................................................................................................3-140 Figure 3-32 Sign Area Measurement ...........................................................................................3-144 Figure 3-33 Calculation of Freestanding Sign Area....................................................................3-145 Figure 3-34 Sign Area Measurement for Three-Dimensional Objects .....................................3-146 Figure 3-35 Example of Sign Types...............................................................................................3-149 Figure 3-36 Height of Awning.......................................................................................................3-152 Figure 3-37 Pylon Sign Proportions ..............................................................................................3-154 Figure 3-38 Monument Sign Proportions.....................................................................................3-154 Figure 3-39 Appropriate Wall Sign Location...............................................................................3-157 Figure 3-40 Required Separation of Wall Signs ..........................................................................3-157 Figure 3-41 Wall Sign Location on Building Frontage ...............................................................3-158 Figure 3-42 Real Estate Sign...........................................................................................................3-169

3.A.10.d
Packet Pg. 352 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SITE PLANNING AND DEVELOPMENT STANDARDS ARTICLE 3
3-6 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 – This page intentionally left blank –

3.A.10.d
Packet Pg. 353 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) PERFORMANCE STANDARDS 17.300
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-7 Chapter 17.300 — Performance Standards
Sections:

17.300.010 — Purpose

17.300.020 — Applicability

17.300.030 — Air Quality

17.300.040 — Electrical Disturbances

17.300.050 — Fire Hazards

17.300.055 – Grading and Treatment and Disposition Agreement (TDA)

17.300.060 — Noise

17.300.070 — Odor

17.300.080 — Outdoor Light and Glare

17.300.090 — Property Maintenance

17.300.100 — Vibration

17.300.110 — Waste Disposal

17.300.120 — Water Quality

17.300.010 — Purpose
The purpose of this Chapter is to establish uniform performance standards for development within the City that promote compatibility with surrounding areas and land uses.

17.300.020 — Applicability
The provisions of this Chapter apply to all new and existing uses in all zones. Uses of the land that existed on the effective date of this Chapter shall not be altered or modified so as to conflict with, or further conflict with, these standards. If requested by the Director or the review authority, applicants shall provide evidence to the Director that the proposed development is in compliance with the standards in this Chapter and other applicable standards in this Development Code before the issuance of a Building Permit or Business License.

17.300.030 — Air Quality
A. Discharge prohibited. The operation of any structure or use shall not directly or indirectly discharge air contaminants (e.g., carbon, dust, fumes, gases, mist, noxious acids, odors, particulate matter, smoke, soot, sulfur compounds, etc.) into the atmosphere that exceed any local, State, or Federal air quality standards or that might be obnoxious or offensive to anyone residing or conducting business either on-site or abutting the site.

B. Compliance with rules and regulations. Stationary sources of air pollution shall comply with the requirements of the most recent Air Quality Management Plan and any rules identified by the California Environmental Protection Agency (EPA), the California Air

3.A.10.d
Packet Pg. 354 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.300 PERFORMANCE STANDARDS
3-8 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Resources Board (ARB), and the South Coast Air Quality Management District (SCAQMD).

C. SCAQMD permit filing requirements. If requested by the Director, operators of uses, activities, or processes that require SCAQMD approval to operate shall file a copy of the permit with the Department within 30 days of approval by the SCAQMD.

D. Minimum separation distances. The proximity of proposed sensitive land uses to air pollution sources shall be considered in the siting of the sensitive use. For the purposes of this Section, sensitive land uses are those land uses where individuals who are more susceptible to the effects of air pollution (e.g., athletes, children, elderly, sick, etc.) than the population at large are most likely to spend time (e.g., schools and schoolyards, parks and playgrounds, day care centers, nursing homes, hospitals, residential communities, etc.). Table 3-1 (Minimum Separation Distances for Proposed Sensitive Land Uses) identifies the minimum separations between new sensitive land uses and known air pollution sources.

E. Other performance standards. Other land use-based air quality-specific performance standards that a review authority may impose include the following:

1. Placing a process vent away from the direction of the local playground that is nearby or increasing the stack height so that emissions are dispersed to reduce the emissions impact on surrounding homes or schools.

Table 3-1
Minimum Separation Distance for Proposed New Sensitive Land Uses Air Pollution Source Minimum Separation Distance for Proposed New Sensitive Land Use Freeways and HighTraffic Roads
500 feet away from limited access conventional highways (i.e., State Road 79 and the MidCounty Parkway) and from urban arterial highways, as described in the Circulation Element of the General Plan.

Distribution Centers
1,000 feet away from a distribution center that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week.

The review authority should take into account the configuration of existing distribution centers and avoid locating residences and other new sensitive land uses near entry and exit points.

Dry Cleaners Using
Perchloroethylene
300 feet away from any dry-cleaning operation. For operations with two or more machines, provide for 500 feet of separation. For operations with three or more machines, consult with the South Coast Air Quality Management District (SCAQMD). New sensitive land uses shall not be sited in the same structure with perchloroethylene dry cleaning operations. This provision shall not apply to drop-off and pick-up only operations.

Gasoline Dispensing
Facilities
300 feet away from a large gas station (defined as a facility with a throughput of 3.6 million gallons per year or greater). A minimum 50-foot separation shall be required for smaller gas dispensing facilities.

3.A.10.d
Packet Pg. 355 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) PERFORMANCE STANDARDS 17.300
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-9

2. Limiting the hours of operation of a facility to avoid excess emissions exposure or foul odors to nearby individuals.

3. Requiring fleet operators to use cleaner vehicles before project approval (if a new business), or when expanding the fleet (if an existing business); and

4. Providing alternate routes for truck operations that discourage detours into residential neighborhoods.

F. Dust control measures. See Section 17.520.040 (Soil Conservation) for provisions related to dust control.

17.300.040 — Electrical Disturbances
Uses, activities, and processes shall be conducted so as not to produce electric or magnetic fields that adversely affect public health, safety, and welfare including interference with normal radio, telephone, or television reception from off the premises where the activity is conducted, except for amateur radio operations that comply with Federal Communication Commission regulations. Existing or proposed uses that generate electrical disturbances that may be considered hazardous or a nuisance shall be shielded, contained, or modified to prevent any disturbances. Operators of these uses shall comply with all applicable Federal Communications Commission regulations. For regulations of wireless telecommunication facilities, see Section Chapter 17.430.360 (Wireless Telecommunication Facilities).

17.300.050 — Fire Hazards
A. Structural fire hazards. The use, handling, storage, and transportation of combustibles and explosives shall comply with the California Fire Code and California Code of Regulations, Title 19 (Public Safety).

B. Wildland fire hazards. A fire management plan shall be prepared for all development located in or adjacent to wildfire prone areas (i.e., naturally vegetated hillsides). The fire management plan shall be subject to the review and approval of the Fire Chief. The Fire Chief may require fire protection measures (e.g., landscape or open space buffers), maintenance programs for weed and vegetation abatement, installation of fire resistant plants, and the use of noncombustible building materials, including roofing.

17.300.055 — Grading and Treatment and Disposition Agreement (TDA) For projects that involve ground disturbing activities on native soil, prior to the issuance of a grading permit, the developer shall enter a Treatment and Disposition Agreement (TDA), or alternative approved by the City and Soboba, with the Soboba Band of Luiseño Indians to address treatment and disposition of archaeological/cultural resources and human remains associated with Soboba Band of Luiseño Indians that may be uncovered or otherwise discovered during construction of the project. The TDA may establish provisions for tribal

3.A.10.d
Packet Pg. 356 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.300 PERFORMANCE STANDARDS
3-10 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 monitors. Following execution of the TDA by the developer and Soboba Band of Luiseño Indians, the TDA will be incorporated by reference into the grading permit

17.300.060 — Noise
Noise emanating from any site or use shall comply with the noise standards contained in Municipal Code Chapter 8.40 (Noise) and in the Noise Element of the General Plan.

17.300.070 — Odor
Sources of odorous emissions shall comply with the rules and regulations of the South Coast Air Quality Management District (SCAQMD) and the California Health and Safety Code.

Noxious odorous emissions in a matter or quantity that is detrimental to or that endangers the public health, safety, comfort, or welfare is declared to be a public nuisance and unlawful, and shall be modified to prevent further emissions release, except for agricultural operations that are in compliance with Section 17.305.040 (Agricultural Preservation – Right to Farm).

17.300.080 — Outdoor Light and Glare
Light or glare from exterior lights, mechanical or chemical processes, or from reflective materials used or stored on a site shall be shielded or modified to prevent emission of light or glare beyond the property line, or upward into the sky. See Figure 3-1 (Outdoor Light and Glare).

A. Exterior lights shall be located so as to eliminate spillover illumination or glare onto adjoining properties and to prohibit any interference with the normal operation or enjoyment of adjacent property.

B. Exterior lights shall be made up of a light source, reflector, and shielding devices so that, acting together, the light beam is controlled and not directed across a property line or upward into the sky. Bare bulbs shall not be allowed.

C. Lighting fixtures used to illuminate an outdoor advertising display shall be mounted on the top of the advertising structure and be directed downward.

D. Exterior light fixtures existing and legally installed prior to the effective date of this Development Code are exempt from the requirements of this Section. When existing luminaries are reconstructed or replaced, the reconstruction or replacement shall comply with this Section.

E. Lights used for temporary holiday decorations are exempt from the requirements of this Section.

F. Portable temporary lighting used by law enforcement or emergency services personnel to protect life or property, are exempt from the requirements of this Section.

3.A.10.d
Packet Pg. 357 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) PERFORMANCE STANDARDS 17.300
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-11 G. For lighting standards for parking areas, see Section 17.330.080 (Parking Design and Development Standards).

Figure 3-1
Outdoor Light and Glare

17.300.090 — Property Maintenance
Properties shall be properly maintained in compliance with the following provisions:

A. Municipal Code Chapter 8.44 (Nuisances);
B. Municipal Code Chapter 8.60 (Abandoned Residential Property Registration); and C. Municipal Code Section 9.12.060 (Graffiti abatement-A condition to issuance of city permits and approval).

D. Municipal Code Section 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016)

17.300.100 — Vibration
Uses, activities, and processes that generate vibrations that may be considered a nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations. Uses shall be operated in compliance with the following provisions:

A. Uses shall not generate ground vibration that is perceptible without instruments by the average person at any point along or beyond the property line of the parcel containing the activities;
B. Uses shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose, health or peace of residents whose property abuts the property lines of the parcel;

3.A.10.d
Packet Pg. 358 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.300 PERFORMANCE STANDARDS
3-12 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 C. Uses shall not generate ground vibration that interferes with the operations of equipment and facilities on adjoining parcels; and
D. Vibrations from temporary construction/demolition equipment and vehicles that leave the subject parcel (e.g., trucks, trains, etc.) are exempt from the provisions of this Section.

17.300.110 — Waste Disposal
An applicant for a proposed nonresidential project that will involve the generation, use, transportation, or storage of hazardous substances shall comply with the requirements of the County of Riverside Department of Environmental Health, which enforces the provisions of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.). The City’s land use permit application for the project shall include detailed information on hazardous waste reduction, recycling, transportation, and storage, and a plan for emergency response to a release or threatened release of a hazardous material.

17.300.120 — Water Quality
No liquids of any kind shall be discharged into a public or private sewage or drainage system, watercourse, body of water, or into the ground, except in compliance with the following:

A. The Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.); B. Applicable regulations of the California Regional Water Quality Control Board (RWQCB) [California Code of Regulations, Title 23 (Waters), Division 3 (State Water Resources Control Board and Regional Water Quality Control Boards]; and C. Municipal Code Chapter 13.44 (Storm Water Management).

3.A.10.d
Packet Pg. 359 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-13 Chapter 17.305 — Development and Use Standards
Sections:

17.305.010 — Purpose

17.305.020 — Applicability

17.305.030 — Lots

17.305.040 — Agriculture Preservation (Right-to-Farm)

17.305.050 — Floodplain Management

17.305.060 — Height Measurement and Height Limit Exceptions

17.305.070 — Hillside Development

17.305.080 — Metal Buildings and Structures

17.305.110 — Screening and Buffering

17.305.120 — Setback Regulations and Exceptions

17.305.130 — Solid Waste/Recyclable Materials Storage

17.305.140 — Surface Mining and Reclamation

17.305.150 — Traffic Visibility Area

17.305.160 — Undergrounding of Utilities

17.305.010 — Purpose
The purpose of this Chapter is to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan.

17.305.020 — Applicability
The standards of this Chapter apply to all zones. These standards shall be considered in combination with the standards for each zone in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), in Article 4 (Standards for Specific Land Uses), and in Chapter 17.325 (Water Efficient Landscape and Irrigation). In the event of a conflict, the standards specific to the zone or the specific land use shall override these general standards. (ord. 16-01, adopted April 5, 2016)
All structures, additions to structures, and uses shall conform to the standards of this Chapter as determined to be applicable by the Director, except as identified in Chapter 17.705 (Nonconforming Parcels, Structures, and Uses).

17.305.030 — Lots
The following are general requirements applicable to all land uses.

A. Access to streets. Every structure shall be constructed upon or moved to a legally recorded parcel with a permanent means of access to a public street or road, or a private

3.A.10.d
Packet Pg. 360 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.305 DEVELOPMENT AND USE STANDARDS
3-14 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 street or road, conforming to City standards. All structures shall be located to provide safe and convenient access for servicing, fire protection, and required off-street parking.

Parcels, which are located on a private street or road and were legally established before the effective date of this Development Code, are exempt from the required compliance with the latest adopted City standards for private streets or roads.

B. Access to structures. Structures or features shall not be located in a way that prevents complete pedestrian access at all times to and around a primary structure. Gates or other similar openings at least two and one-half feet in width shall be considered as providing suitable pedestrian access.

C. Driveways. Driveways providing site access shall be from an improved street, alley, public right-of-way, or private right-of-way and shall be designed, constructed, and maintained in compliance with the City’s standard specifications.

D. Lot suitability for purpose. Any subdivision shall result in the creation of lots which can be used or built upon. No subdivision shall create lots for building purposes which are impractical for improvement or use due to steepness of terrain, location of watercourses, size, shape or other physical conditions. Lots not intended for development, such as open space lot, or common access areas, shall be designated on subdivision maps as lettered lots. Buildable parcels shall be designated as numbered lots.

E. Lot size. The minimum area and dimensions of all lots shall conform with the requirements of this Development Code, Title 17 of the Municipal Code.

F. Lot configuration. The configuration of all lots shall conform with the requirements of Subdivision Code, Title 16 of the Municipal Code.

G. Lot lines. Lot lines shall be located so as to facilitate the best utilization of existing and potential building sites. Normally, the side lines of lots shall be straight and approximately at right angles to the street, or approximately radial if the street is curved.

H. Lot Depth. The horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line to the midpoint of the rear lot line.

I. Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at the building setback line for regular lots, and the horizontal distance between the side lot lines measured by a straight line drawn at one-third the required minimum lot depth on each side lot line for cul-de-sac lots, and knuckle lots.

3.A.10.d
Packet Pg. 361 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-15 J. Cul-de-sac, knuckles and curves. This subsection establishes the measurement and exemptions to the minimum lot dimensions required in Tables 2-3, 2-5, 2-6, 2-7, 2-8 for lots that substantially front onto Cul-de-sacs bulbs, knuckles and curves.

1. Parcel Width
a. The minimum front property line shall be a minimum of 30 feet. For small lot subdivisions, the front property line width may be further reduced by the approval authority if the parcels front onto private streets and the developer can demonstrate that there is sufficient space between driveways and driveway approaches. Shared approaches are discouraged and may be approved only where there is no reasonable alternative available.
b. The minimum lot width, when measured at the building setback line, may be reduced by ten percent (10%).

K. Flag lot. The creation of flag lots shall be discouraged and may be approved only where there is no reasonable alternative available to develop the interior portions of excessively deep parcels or where required by unusual physical constraints. However, where allowed, a flag lot shall comply with the requirements of Title 16 (Subdivisions).

17.305.040 — Agriculture Preservation (Right-to-Farm)
This Section provides the City's policy regarding the "right to farm" and contains a subdivider's and owner's disclosure statement that acknowledges the subdivider's and owner's understanding of the presence of the adjoining agricultural use and the City's policy regarding its right to continue.

A. Policy of the City. It is the declared policy of the City to preserve, protect, and encourage development of its agricultural land consistent with Civil Code Section 3482.5.

That Section provides that no agricultural activity, operation, or facility, or appurtenances, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began. This policy applies to normally acceptable agricultural operations, as defined in Civil Code Section 3482.5, and shall not apply if the agricultural activity, operation, or facility, or appurtenances obstruct the free passage or use, in the customary manner, of any public park, square, street, or highway. This policy shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if

3.A.10.d
Packet Pg. 362 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.305 DEVELOPMENT AND USE STANDARDS
3-16 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 the agricultural activity, operation, or facility, or appurtenances constitute a nuisance, public or private, as specifically defined or described in any of those provisions.

B. Subdivisions. If a subdivision is at any point located within 300 feet of land zoned or used for agricultural uses, the approval of the tentative and final subdivision map or parcel map shall be conditional upon the recordation with the County Recorder of a Right-to-Farm Covenant acknowledging, accepting, and complying with this Section, in substantially the following wording or similar form:

The undersigned, in consideration of recordation of the subdivision by the City of San Jacinto, do hereby covenant and agree with the declared policy of the City of San Jacinto (Right-to-Farm Ordinance) to preserve, protect, and encourage development of its agricultural land consistent with California Civil Code Section 3482.5 which provides that no agricultural activity, operation, or facility, or appurtenances thereof, as defined in the code, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began; that the described property is in or near agricultural zones or operations and that the residents of the property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. This covenant shall run with the land and be binding upon all future owners, heirs, successors, and assigns to the property.

C. Notice to owners and tenants. Project applicants shall prepare a written disclosure statement before the sale, lease, or rental of a dwelling unit that is located within 300 feet of land zoned or used for agricultural purposes. The disclosure statement shall indicate that the buyers/occupants will be living in an area with active agricultural operations and that the noise, odors, and outdoor activity levels may be more intrusive than levels in a typical suburban residential area. Each buyer or tenant shall sign the written disclosure statement acknowledging that they have received, read, and understand the disclosure statement.

17.305.050 — Floodplain Management
See Municipal Code Chapter 15.40 (Floodplain Management).

17.305.060 — Height Measurement and Height Limit Exceptions A. Maximum height. The height of structures shall not exceed the maximum standard established by the applicable zone in Article 2 (Zones, Allowable Land Uses, and ZoneSpecific Standards), except as provided in this Section.

3.A.10.d
Packet Pg. 363 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-17 B. Height measurement. Maximum height shall be measured as the vertical distance from the finished grade to an imaginary plane located parallel to the finished grade at a height allowed by the zone. See Figure 3-2 (Height Measurement).

Figure 3-2
Height Measurement
C. Increase in certain height limits. The maximum allowable height may be increased by no more than 20 percent for the following structures, unless otherwise noted.

1. Barns, silos, grain elevators, and other farm structures in the RE (Residential Estate) zone.

2. Architectural features of places of worship.

3. Cooling towers, smokestacks, or other structures that are necessary to operate allowed industrial processes in industrial zones.

4. Cupolas, domes, skylights, and gables.

5. Elevator housings.

6. Fire and hose towers.

7. Fire or parapet walls up to four feet above the allowable height limit of the structure. No mechanical equipment shall exceed the height of the parapet.

8. Flag poles.

9. Mechanical equipment and its screening to include roof-mounted wireless telecommunication support facilities.

10. Noncommercial antenna in compliance with Section 17.430.290 (Satellite/Dish Antenna and Amateur Radio Antenna).

11. Observation and carillon towers.

3.A.10.d
Packet Pg. 364 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.305 DEVELOPMENT AND USE STANDARDS
3-18 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

12. Ornamental towers and spheres.

13. Radio and television station towers.

14. Residential chimneys, flues, smokestacks, and enclosures.

15. Noncommercial solar energy collectors.

16. Stairway housings.

17. Water tanks and water towers.

18. Other roof structures and mechanical equipment similar to those listed above.

D. Use Specific Height Limits. When conflicts between Use Specific Height Limits and the base zone in which the use is located with specific height limits be subject to the use specific standards.

1. Fences, hedges, and walls, which shall comply with Chapter 17.315 (Fences, Walls, and Hedges).

2. Stealth monopole towers, which shall comply with Section 17.430.360 (Wireless Telecommunication Facilities).

3. Signs, which shall comply with Chapter 17.335 (Sign Standards).

17.305.070 — Hillside Development
See Municipal Code Chapter 15.28 (Hillside Development).

17.305.080 — Metal Buildings and Structures
A. Applicability. This Section provides standards for all metal buildings and structures, except for the following:

1. Small metal storage structures not exceeding 120 square feet and utilized as accessory structures on residentially zoned properties; and

2. Metal storage structures on sites with existing bona fide agricultural uses.

B. Prohibited locations. Prefabricated, all-metal buildings shall be prohibited on properties having frontage along streets with a classification of “Secondary” or higher in the General Plan Circulation Element unless designed with added architectural features approved through the Site Plan and Design Review process. This shall not preclude the use of typical metal details (e.g., Cor-Ten™ steel, weathering steel, etc.) on structures approved through the Site Plan and Design Review process.

3.A.10.d
Packet Pg. 365 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-19 C. Design criteria.

1. Structures utilizing metal sheathing shall be designed to be compatible with surrounding land uses and architecture.

2. The front of the structures shall face the street, where practical, and shall utilize materials other than metal (e.g., masonry, stone, concrete, wood, glass, etc.), either structurally or applied as a veneer.

3. The structure’s design shall include an architecturally enhanced roofline (e.g., mansard roof, parapet wall, etc.).

4. Enhanced treatment shall not end at an exposed corner, but shall wrap around the side walls a distance of at least three feet.

17.305.090 — Reserved

17.305.100 — Reserved

17.305.110 — Screening and Buffering
This Section establishes screening standards for the separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas. See also Chapter 17.315 (Fences, Walls, and Hedges).

A. Screening between different zones.

1. Screening shall be required between different zones. For example, a nonresidential land use proposed on a site abutting a residential zone shall provide screening at the lot line that is common with the residential zone. See Figure 3-4 (Screening and Buffering between Different Land Uses and Zones).

2. The screen shall consist of plant materials and a solid, decorative wall of masonry or similar durable material installed and maintained in compliance with Chapter 17.315 (Fences, Walls, and Hedges). See Figure 3-4 (Screening and Buffering between Different Land Uses and Zones).

3. The decorative wall shall be architecturally treated on both sides, subject to the approval of the Director.

4. A landscape strip with a minimum width of five feet shall be installed adjacent to a screening wall, except that a greater landscape strip between a parking lot and a screening wall may be required in compliance with Section 17.330.090 (Landscaping Standards for Parking Areas).

3.A.10.d
Packet Pg. 366 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.305 DEVELOPMENT AND USE STANDARDS
3-20 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

5. The Director may waive, or approve a substitute for the requirements of Paragraphs 2, 3, and 4 above, if the Director first determines that:
a. The relationship of the proposed uses makes screening unnecessary; b. The intent of this Section can be successfully met by alternative screening methods; or
c. Physical characteristics or constraints on the site make the required screening infeasible or unnecessary.

B. Mechanical equipment. Mechanical equipment (e.g., air conditioning, ductwork, heating, plumbing lines, refrigeration equipment, transformers, etc.) shall be screened as provided in this paragraph. Telecommunication equipment and antennae shall be screened in compliance with Section 17.430.360 (Wireless Telecommunication Facilities).

1. Exterior mechanical equipment installed on the ground shall be screened from public view on all sides.

2. Screening of the top of roof-mounted exterior mechanical equipment may be required by the Director, if necessary to protect views from adjacent parcels. See Figure 3-5 (Screening of Roof-Mounted Equipment).

3. Screening materials may be solid concrete, wood, or other opaque material and shall effectively screen the mechanical equipment so that it is not visible from an adjacent parcel or public right-of-way.

4. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style and subject to the approval of the Director.

3.A.10.d
Packet Pg. 367 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-21 Figure 3-4
Screening and Buffering between Different Land Uses and Zones Figure 3-5
Screening of Roof-Mounted Equipment
C. Utility meters. Utility meters shall be:

1. Enclosed within subsurface vaults when located within a required front setback or in a street side setback; and

2. Screened from view from public rights-of-way in compliance with Subparagraphs B.3 and B.4, above, but need not be screened on top or when located within the interior side setback of a single-family parcel.

3.A.10.d
Packet Pg. 368 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.305 DEVELOPMENT AND USE STANDARDS
3-22 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Loading docks and refuse areas. Loading docks and refuse storage areas shall be screened so that they are not visible from an adjacent parcel or public right-of-way. The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style and subject to the approval of the Director. Refuse storage areas shall comply with Section 17.305.130 (Solid Waste/Recyclable Materials Storage). The height of screening shall be determined by a sight distance analysis in which the wall intercepts a line drawn from the approximate eye level of a passerby in a vehicle to the top of the loading door.

E. Screening for other activities and land uses. Screening shall also be provided in compliance with the standards contained in Chapter 17.330 (Off-Street Parking and Loading) and Article 4 (Standards for Specific Land Uses), as applicable.

F. Buffering between different land uses.

1. Buffering between incompatible land uses shall be required. For example, a developer or a subdivider of a residential project shall install buffers between a residential project and adjacent agricultural uses (e.g., dairy farms, crops, horse farms, etc.), subject to approval of the Director.

2. Roll-up doors and loading doors in nonresidential zones shall not face or be visible from a public right-of-way.

3. Open space, landscaped buffers, trees, fences or walls, or any combination of them, shall be provided between major roadways and sensitive land uses identified in Section 17.300.030 (Air Quality).

17.305.120 — Setback Regulations and Exceptions
This Section establishes standards to ensure the provision of open areas for access to and around structures, access to natural light and ventilation, landscaping, recreation, separation of incompatible land uses, space for privacy, traffic safety, and visibility.

A. General requirements.

1. All structures shall conform to the setback requirements identified for each zone in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), except as modified for hillside development in compliance with Section 17.305.070 (Hillside Development) or for specific uses in Article 4 (Standards for Specific Uses).

2. Each setback area shall be open and unobstructed from the ground upward, except as provided in Paragraph B (Exemptions from setback requirements).

3.A.10.d
Packet Pg. 369 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-23 B. Exemptions from setback requirements. The minimum setback requirements do not apply to the following:

1. A building feature that encroaches into a required setback as allowed by Paragraph D (Allowed projections);

2. A fence or wall in compliance with Chapter 17.315 (Fences, Walls, and Hedges);

3. A driveway, walkway, deck, earthwork, step, patio, free-standing solar device in other than a front setback, or other site design element that is placed directly upon grade and does not exceed a height of 18 inches above the surrounding grade at any point;

4. A sign in compliance with Chapter 17.335 (Sign Standards);

5. A retaining wall less than 30 inches in height above finished grade; or

6. An accessibility improvement is not subject to setback or lot coverage limitations if the size of the accessibility improvement does not exceed the minimum design specifications in the California Building Code. For purposes of this provision, an accessibility improvement is an unroofed and open structure, including a ramp and chairlift that: (1) allows a person with a physical disability access to a singlefamily dwelling and (2) is exterior to the single-family dwelling.

C. Measurement of setback areas. Setback areas -- Figure 8-10(Setbacks) -- shall be measured as follows:

1. Right-of-way line. Whenever a future street right-of-way line is officially established (e.g., by designation in the General Plan, in subdivision map, etc.), required setback areas shall be measured from the established future right-ofway line(s).

2. Front setback area.
a. Lots generally. The front setback area shall be measured by a line, at right angles to the front lot line or by the radial line in the case of curved front lot line, from the nearest point on the front lot line to the nearest relevant setback line.
b. Corner lots. The front setback area for a corner lot shall be measured by a line, at right angles to the lot line adjoining the street to which access to the property is taken, from the nearest point on that front lot line to the nearest relevant setback line.

3.A.10.d
Packet Pg. 370 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.305 DEVELOPMENT AND USE STANDARDS
3-24 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 c. Through lots. One of the front setback areas of a through lot may serve as a required rear setback area, provided that the rear setback area conforms to the front setback area of the adjoining parcels.
d. Averaging for infill situations. In a residential zone, the Director may reduce the required front setback area for a designated In-Fill Parcel to the average depth of the front setback areas for the two adjacent parcels if the two adjacent parcels have existing structures that:
(1) Are located within 25 feet of the parcel’s lot lines; and (2) Project beyond the required front setback line.

3. Side setback area. The side setback area shall be measured by a line, at right angles to the side lot line, from the nearest point on the side lot line to the nearest relevant setback line.

4. Street side setback area. The side setback area on the street side of a corner lot shall be measured from the nearest point on the side lot line adjoining the street to the nearest point of the relevant setback line.

5. Rear setback area. The rear setback area shall be measured at right angles from the nearest point on the rear lot line to the nearest relevant setback line, except:
a. If an access easement or street right-of-way line extends into or through a rear setback area, the measurement shall be taken from the nearest point of the access easement or right-of-way line; and
b. Where the side lot lines converge to a point at the rear of the lot, a line at least 10 feet long within the parcel, parallel to and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback area. See Figure 3-6 (Rear Setback Areas on Irregularly-Shaped Parcels).

6. Director’s determination. In situations different from those identified above, the Director shall have the authority to determine how setbacks shall be measured.

7. Corner and Through Lots. The Director shall have the authority to change or modify the designation of Front, Side, and Rear Lot Lines when building orientation, topography, neighborhood development patterns, or other justification exists.

3.A.10.d
Packet Pg. 371 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-25 Figure 3-6
Rear Setback Areas on Irregularly-Shaped Parcels
D. Allowed projections into setback areas.

1. Projections into required setback areas are allowed for all zones in compliance with the standards in Table 3-2 (Maximum Allowed Projections into Setback Areas), subject to the exceptions in Subparagraph 2, below. For detached accessory structures, see Chapter 17.405 (Accessory Structures and Uses). See Figure 3-7 (Allowed Projections in Setback Areas).

3.A.10.d
Packet Pg. 372 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.305 DEVELOPMENT AND USE STANDARDS
3-26 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-2
Maximum Allowed Projections into Setback Areas for Attached Structures Projecting Feature
Front
Setback Area
Side
Setback Area
Rear
Setback Area
Architectural Features
Brackets, cornices, eaves,
roof overhangs, etc. 36 inches max. 36 inches max. 36 inches max.

Belt courses, ornamental
moldings, pilasters, etc. 6 inches max. 6 inches max. 6 inches max.

Awnings and canopies
Residential zones
20% of required front
setback area or 5 ft.,
whichever is less
0 ft.
20% of required rear
setback area or 5 ft.,
whichever is less
Nonresidential zones ½ depth of required
front setback area 2 ft. max.
½ depth of required rear
setback area
Decks, landings, and porches
Less than 30” above grade
6 ft. max.
20% of required side
setback area or 36
inches, whichever is
greater.
20% of required rear
setback area or 36
inches, whichever is
greater.

Greater than 30” above
grade 6 ft. max.
20% of required side
setback area
20% of required rear
setback area
Covered or enclosed Not allowed in required setback area Bay windows 30 inches max. 30 inches max. 30 inches max.

Chimneys, fireplaces, and
barbecues (attached), 6 ft. or less
in width
24 inches max. 24 inches max. 24 inches max.

Fire escapes and stairways Not allowed 48 inches max. 48 inches max.

2. Exceptions to allowed projections.
a. Minimum 36-inch wide passageway. Regardless of the allowed projections into setback areas, a minimum 36-inch wide passageway shall be maintained within at least one side setback area adjacent to the primary structure. The passageway shall be free of any encroachments and obstructions, including fences, walls, mechanical equipment, and other items not attached to the primary structure.
b. Public rights-of-way. A revocable encroachment permit issued by the City Engineer, with conditions specified in Municipal Code Section

9.12.060 (Graffiti abatement-A condition to issuance of city permits and approval), if applicable, shall be required for any type of projection into a public right-of-way.
c. Alleys. No projections at the ground level are allowed within the required setback area of a parcel abutting an alley.

3.A.10.d
Packet Pg. 373 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-27 d. Traffic visibility area. See Section 17.305.150 (Traffic Visibility Area) for restrictions on projections into traffic visibility areas.

Figure 3-7
Allowed Projections into Setback Area

17.305.130 — Solid Waste/Recyclable Materials Storage
This Section provides standards that support the City’s compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Sections 42900 through 42911).

Related standards are in Municipal Code Chapter 8.32 (Garbage Collection and Disposal), Municipal Code Chapter 8.33 (Mandatory Organic Waste Disposal Reduction), and Municipal Code Chapter 8.34 (Construction and Demolition Waste Management).

A. Applicability. These requirements apply to new multi-family residential development, nonresidential development, and changes to existing multi-family or nonresidential development that increase gross floor area by 25 percent or more.

B. Extent of storage area required. Solid waste, recyclable materials, and organic materials storage areas shall be provided in the number, dimensions, and types required by the Director or review authority. Additional storage areas may be required, as deemed necessary by the Director or review authority.

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

1. Refuse and recyclable material storage areas shall be side-by-side or combined together.
a. They shall only be located:
(1) Inside a specially-designated structure;

3.A.10.d
Packet Pg. 374 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.305 DEVELOPMENT AND USE STANDARDS
3-28 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 (2) On the outside of a structure in an approved fence/wall enclosure; or
(3) A designated interior court or yard area with appropriate access or in rear yards and interior side yards.
b. Exterior storage area(s) shall not be located in a required:
(1) Front setback area;
(2) Street side setback area;
(3) Parking space; or
(4) Landscaped or open space area.

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

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

4. Storage areas shall not be placed closer than 20 feet from doors or operable windows of adjacent structures.

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

1. Be architecturally compatible with adjacent structures;

2. Prevent removal of bins by unauthorized persons, while allowing ungated pedestrian access for disposal of materials;

3. Provide a concrete pad within the fenced or walled area(s) and a concrete apron in order to facilitate the handling of the individual bins or containers;

4. Minimize potential adverse environmental impacts (e.g., odors, stormwater runoff, etc.); and

5. Be fully screened from view by solid masonry walls, gates, overhead roofs, and landscaping in compliance with Section 17.305.110 (Screening and Buffering).

See Figure 3-8 (Solid Waste Enclosure).

3.A.10.d
Packet Pg. 375 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-29 Figure 3-8
Solid Waste Enclosure

17.305.140 — Surface Mining and Reclamation
Refer to Municipal Code Chapter 8.56 (Surface Mining and Reclamation).

17.305.150 — Traffic Visibility Area
A. Traffic visibility area required. Development proposed adjacent to a public or private street or alley intersection, or the intersection of a driveway with a street, shall be designed to provide an area of unobstructed vision, known as a traffic visibility area, to provide for pedestrian and traffic safety.

B. Measurement of visibility area. A traffic visibility area may include private property and public right-of-way and is formed by a triangle measured as follows:

1. Street intersections. At the intersection of two streets, the visibility area shall be bounded by measuring from the intersection of the street property lines or the projections thereof to points 25 feet along each of the street property lines and connecting the points with a diagonal line across the parcel. See Figure 3-9 (Traffic Visibility Area for Street-to-Street Intersections).

3.A.10.d
Packet Pg. 376 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.305 DEVELOPMENT AND USE STANDARDS
3-30 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

2. Driveways. At the intersection of a street and a driveway, the visibility area shall be bounded by measuring from the intersection of the driveway with the street right-of-way line to a point 15 feet along the driveway and to a point 15 feet along the street line, away from the driveway, and connecting the points with a diagonal line across the parcel. See Figure 3-10 (Traffic Visibility Area for Streetto-Driveway Intersections).

3. Reverse corner lots. For a reverse corner lot on local streets only, adequate sight distance shall be provided that is satisfactory to the City Engineer and shall be maintained in both directions from the centerline of the driveway, as measured 15 feet back from the right-of-way line. Local streets shall be as defined in the Circulation Element in the General Plan.

C. Height limit. No structure (e.g., fence, wall, etc.), sign, or landscape element shall exceed 30 inches in height within the traffic visibility area, unless approved by the City Engineer. This limitation shall not apply to existing public utility boxes, traffic signs and signals, trees with their canopy trimmed to a minimum of seven feet above grade, or corners where the contour of the land itself prevents visibility. See example of fence step-down in Figure 3-9 and Figure 3-10.

D. Planned Developments. For projects reviewed under a Planned Development, the Traffic Visibility Triangle may be reduced for interior, private, streets where on-street parking is restricted by a Home Owner’s Association, or other legal entity, as determined appropriate by the City Engineer.

3.A.10.d
Packet Pg. 377 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-31 Figure 3-9
Traffic Visibility Area for Street-to-Street Intersections Fence Step-Down in Traffic Visibility Area

3.A.10.d
Packet Pg. 378 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.305 DEVELOPMENT AND USE STANDARDS
3-32 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Figure 3-10
Traffic Visibility Area for Street-to-Driveway Intersections Fence Step-Down in Traffic Visibility Area

3.A.10.d
Packet Pg. 379 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-33

17.305.160 — Undergrounding of Utilities
A. When undergrounding required. Except as provided in Subsection C (Exceptions), below, all of the following electrical distribution lines of 66,000 volts or less, communications, video, and similar service wires or cables shall be installed underground:

1. Existing and located within the boundaries of the parcel being developed;

2. Existing between the lot line and the centerline of the peripheral streets of the parcel being developed; or

3. Located along or within six feet of the lot lines of the parcel to be developed and that do not provide service to immediate adjacent properties.

B. Responsibility for undergrounding. The developer shall be responsible for complying with this Section and the California Public Utilities Commission rules and regulations.

Facilities fronting public streets shall be installed underground to the next available pole, or to a location minimizing impacts on adjacent properties and approved by the City Engineer. The developer shall make all necessary arrangements with the utility company for the installation of the facility.

C. Exceptions to undergrounding requirement. The following exceptions shall apply:

1. Utility service poles may be placed in the area within six feet of the rear lot line of the property to be developed for the sole purpose of terminating underground facilities.

2. Temporary aerial relocation of existing facilities may be allowed to accommodate construction for an agreed-upon time period based on the developer/owner obtaining valid Building Permits, Temporary Use Permits in compliance with Chapter 17.640 (Temporary Use Permits), and other permits required by the Municipal Code.

3. Equipment (e.g., surface-mounted transformers; pedestal-mounted terminal boxes and meter cabinets; concealed ducts in an underground system, etc.) may be placed aboveground when installation underground is not technologically feasible, as determined by the City Engineer. Equipment installed aboveground shall be screened from public view in compliance with Section 17.305.110 (Screening and Buffering).

4. Residential development of Designated In-Fill Parcels shall be exempt from Subsection A (when undergrounding required), above.

3.A.10.d
Packet Pg. 380 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.305 DEVELOPMENT AND USE STANDARDS
3-34 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Temporary waivers.

1. The City Manager may temporarily waive the requirement to underground existing aerial facilities when a project applicant files a formal request in the following circumstances:
a. Developments consisting of more than three residential units but having less than 600 feet of street frontage;
b. Nonresidential uses having less than 600 feet of street frontage; or c. When electrical distribution lines of 66,000 volts or less, communications, video, or similar service wires or cables are located on developed property on the other side of a public right-of-way from the proposed development.

2. In the event of a waiver in connection with Subparagraphs 1.a. or 1.b. above, an estimated cost for undergrounding utilities shall be determined and cash in this amount shall be deposited with the City in compliance with Section 17.660.070 (Performance Guarantees). This cash amount shall be held in trust by the City until an area sufficient in size to warrant the formation of an underground utility district or until costs for undergrounding a minimum distance of 600 feet, or a greater distance as determined by the City Engineer, have been collected.

3. In the event of a waiver in connection with Subparagraph 1.c. above, an estimated cost for undergrounding utilities shall be determined and cash in an amount equal to 50 percent of the estimated cost shall be deposited with the City in compliance with Section 17.660.070 (Performance Guarantees). The fee shall be held in trust by the City until an area sufficient in size to warrant the formation of an underground utility district or other similar undergrounding program has been collected.

E. Nonconforming structures.

1. A structure that is nonconforming, due to above-ground on-site utility lines, may continue to be used, altered, or enlarged as if the nonconforming utility lines did not exist. However, the utility lines shall be installed underground when any of the following occurs:
a. The structure(s) is enlarged to over 2,500 square feet in area; b. Alteration or enlargement requires the installation of utility lines at new locations on the structure(s);

3.A.10.d
Packet Pg. 381 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-35 c. Existing electrical capacity to the structure(s) is increased 100 percent or more; or
d. The structure(s) is improved in an amount of more than $35,000, as may be adjusted from time to time by the Council.

2. Notwithstanding Subparagraph 1, above, nonconforming structures located in an area eligible for use of Rule 20 funds (i.e., funds from the local electric utility to relocate overhead electric facilities and install them underground), the developer/owner shall pay the fee required by the City and the local electric utility.

3.A.10.d
Packet Pg. 382 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.310 AFFORDABLE HOUSING – DENSITY BONUSES
3-36 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.310 — Affordable Housing – Density Bonuses
Sections:

17.310.010 — Purpose

17.310.020 — Applicability

17.310.030 — Eligible Projects for Density Bonus

17.310.040 — Concessions or Incentives

17.310.050 — Waivers or Reductions

17.310.060 — Application Filing, Processing, and Approval

17.310.070 — Findings for Approval of Density Bonus

17.310.010 — Purpose
This Chapter offers density bonuses and incentives or concessions for the development of housing that is affordable to very-low income, lower- income, and moderate-income or senior households. This Chapter is intended to implement the requirements of Government Code Section 65915 et seq. and the Housing Element of the General Plan.

17.310.020 — Applicability
The regulations in this Chapter apply to proposed residential development consisting of five or more dwelling units, where allowed by Article 2 (Zones, Allowed Uses, and Zone-Specific Standards). An applicant may request a density bonus and may also request concessions, incentives, reductions, or waivers consistent with the requirements of this Chapter and Government Code Section 65915 et seq.

17.310.030 — Eligible Projects for Density Bonus
A. Eligible projects.

1. The type of development that is eligible for a density bonus, the number of density bonuses, and the number of concessions or incentives is identified in Table 3-3 (Summary of State-Mandated Density Bonus Requirements).

3.A.10.d
Packet Pg. 383 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) AFFORDABLE HOUSING – DENSITY BONUSES 17.310
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-37 Table 3-3
Summary of State-Mandated Density Bonus Requirements
Residential development projects of five or more dwelling units Target Household
Or Project
Eligibility Threshold
Minimum % Restricted
Affordable Units
Density Bonus
(1)
Maximum #
Concessions/Incentives (2)
Lower Income Household
Health & Safety §50079.5
10% 20% 1

1.5% increase in density bonus for every 1% of dedicated units over 10% threshold (maximum 35% density bonus)
20% 35% 2
30% or above 35% 3
Very-Low Income Household
Health and Safety §50105
5% 20% 1

2.5% increase in density bonus for every 1% of dedicated units over 5% threshold (maximum 35% density bonus)
10% 32.5% 2
11% 35% 2
15% or above 35% 3
Moderate Income Household
Health and Safety §50093
(only common interest development
(3) where all of the units are offered for
sale)
10% 5% 1
1% increase in density bonus for every 1% of dedicated units over 10% threshold (maximum 35% density bonus)
20% 15% 2
30% 25% 3
40% or above 35% 3
Senior housing project or mobile home
park that limits residency based on age
per Civil Code §798.76 or §799.5
No household income limitations
100% age-restricted 20% None
Other Development
Target Project Eligibility Threshold Density Bonus (1) Maximum # Concessions/Incentives (2)
Land Donation
Application for a
tentative map, parcel
map, or other residential
development approval
See
Government Code
§65915(g)
None
Child care facility
Residential development
1 concession/incentive or a density bonus, at the
City's option, but not both
Government Code §65915(h)
Commercial and
industrial development Government Code §65917.5
Notes:
(1) See Government Code §65915(f) (Density bonus defined). (2) See 17.310.040 (Incentives or Concessions).
(3) See Civil Code §1351 (Common interest development defined).

3.A.10.d
Packet Pg. 384 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.310 AFFORDABLE HOUSING – DENSITY BONUSES
3-38 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 B. Calculations. The applicant may request a lesser density bonus than that which is available to the project; however, the City shall not be required to similarly reduce the number or type of units required to be provided in compliance with Government Code Sections 65915(b), 65915(c), and 65915(f). In calculating the density bonus for a project, each project shall be entitled to only one density bonus as provided in Section 65915(b)(2), and density bonuses from more than one category may not be combined.

When calculating the number of required affordable units to qualify a project for a density bonus, the affordable units themselves shall not be included when calculating the number of housing units that make a project eligible for a density bonus. Any calculations resulting in fractional units shall be rounded up to the next larger integer.

The density bonuses that are awarded to a density bonus housing development in a commercial zone are provided in the form of an increase in the allowable floor area over the otherwise allowable floor area.

17.310.040 — Concessions or Incentives
A. Concessions or incentives defined. For purposes of this Section, a concession or incentive shall mean a regulatory concession or incentive as defined in Government Code Section 65915(k) and as permitted by Government Code Section 65915(d).

B. Number. The number of eligible concessions or incentives for an eligible project is provided in Table 3-3 (Summary of State-Mandated Density Bonus Requirements).

C. Type of incentive or concession. The following types of concessions or incentives are available for an eligible project:

1. By-right parking incentives. Parking incentives are available for an eligible project by-right and are not included when calculating the number of concessions and incentives that are allowed in Table 3-3 (Summary of StateMandated Density Bonus Requirements). a. Density bonus developments shall be granted the following maximum parking standards, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by a project applicant:
(1) Zero to one bedrooms: One on-site parking space.
(2) Two to three bedrooms: Two on-site parking spaces.
(3) Four and more bedrooms: Two and one-half on-site parking spaces.
b. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole

3.A.10.d
Packet Pg. 385 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) AFFORDABLE HOUSING – DENSITY BONUSES 17.310
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-39 number. For purposes of this Subsection, a development may provide onsite parking through uncovered parking, but not through on-street parking.

2. Discretionary incentives. A housing developer may request the following specific incentives or may submit a proposal for other incentives or concessions that results in identifiable, financially sufficient, and actual cost reductions:
a. Menu of concessions/incentives in residential zones. Eligible housing developments in residential zones may request one or more of the following incentives, as applicable:
(1) Up to a 15 percent deviation from one side setback requirement. (2) Up to a 10 percent deviation from parcel coverage requirement. (3) Up to a 15 percent deviation from front or rear setback requirements so long as rear setback is at least five feet. (4) Up to a 10 percent reduction in required parking spaces b. Menu of concessions/incentives in commercial zones. Eligible housing developments in commercial zones may request one or more of the following incentives, as applicable:
(1) Elimination of any restriction on the number of stories that can be constructed within the allowable height limit of the commercial zone in which the development is constructed.
(2) Reduction of the private open space requirement.

D. Financial incentives. Nothing in this Section requires the City to provide direct financial incentives for the residential development project, including but not limited to financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City at its sole and absolute discretion may choose to provide direct financial incentives.

E. Approval. The granting of an incentive or concession shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.

3.A.10.d
Packet Pg. 386 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.310 AFFORDABLE HOUSING – DENSITY BONUSES
3-40 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.310.050 — Waivers or Reductions
A. Waiver request.

1. An applicant may submit to the City a proposal for the waiver or modification of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site.

2. For the purposes of this Section, a development standard is as defined in Government Code Section 65915(o)(1).

3. The granting of a waiver shall be allocated to the entire development and not on a per parcel basis. For example, a side setback reduction could be applied to each and every parcel in a development and still count as only one concession or incentive.

B. Response to waiver request. As required by Government Code Section 65915(e), the City shall not apply a development standard that will have the effect of precluding development at the densities or with the incentives or concessions allowed by this Chapter, unless the City can make the findings specified in Section 17.310.070 (Findings for Approval of Density Bonus).

C. Effect of request for waiver. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled under this Chapter.

17.310.060 — Application Filing, Processing, and Approval A. Permit requirement. Except as provided by Government Code 65589.4, a request for a density bonus and other incentives or concessions shall be evaluated and decided through Conditional Use Permit approval in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits).

B. Applicable review authority. For the purposes of approving a density bonus request and concessions or incentives, the Commission shall make a recommendation to the Council on whether to approve or disapprove the application for a Conditional Use Permit and the Council shall make the final decision as described in Chapter 17.605 (Conditional Use Permits and Minor Conditional Use Permits).

C. Contents of application. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard shall be submitted in conjunction with the first application for the development project and shall be processed concurrently with all other applications required for the project. The cost of reviewing any required data submitted as part of the application in support of a request for a concession or incentive, including but not limited to the cost to the City of hiring a

3.A.10.d
Packet Pg. 387 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) AFFORDABLE HOUSING – DENSITY BONUSES 17.310
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-41 consultant to review the data, shall be borne by the applicant. The application shall be submitted on a form provided by the City and shall include, at a minimum, the following information:

1. A site plan showing the total number of units, the number and location of the affordable or senior units qualifying the project for a density bonus, and the number and location of the proposed density bonus units;

2. The level of affordability of any proposed affordable units and their conformance with Government Code Section 65915(c);

3. A description of any requested incentives, concessions, waivers, or reductions of development standards, or modified parking standards. An application for an incentive or concession shall also include a pro-forma demonstrating to the City that the requested concession or incentive results in an identifiable, financially sufficient, and actual cost reduction. Where the applicant is requesting the reduction or waiver of a development standard, the applicant shall submit evidence demonstrating that the application of the development standard would physically preclude construction of the project at the densities or with the concessions or incentives to which the project is entitled under this Chapter.

4. If a density bonus is requested for a land donation in compliance with Government Code Section 65915(g), the application shall show the location of the land to be dedicated and shall provide evidence that the requirements of Section 65915(g) have been met.

5. If a density bonus is requested for construction of a child care facility in compliance with Government Code Section 65915(h), the application shall show the location and square footage of the proposed facility and shall provide evidence that the requirements of Section 65915(h) have been met.

D. Density bonus agreement. The project developer and the City shall enter into a density bonus agreement with the City in the City's standard form of agreement. The agreement shall include provisions to maintain the availability of for-sale and rental affordable housing units; shall be in recordable form; and shall be binding on all future owners, developers, and successors-in-interest.

17.310.070 — Findings for Approval of Density Bonus
A. Findings for CUP approval. In addition to the findings required by Section 17.605.060 (Findings and Decisions) for the approval of a Conditional Use Permit, the review authority shall make the following findings, as applicable, before approving a request for a density bonus, incentive, concession, parking reduction, or waiver:

3.A.10.d
Packet Pg. 388 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.310 AFFORDABLE HOUSING – DENSITY BONUSES
3-42 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

1. The residential development project is eligible for a density bonus and for any concessions, incentives, waivers, or parking reductions requested; conforms to standards for affordability in Government Code Section 65915(c); and includes a financing mechanism for implementation and monitoring costs;

2. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation required by this Chapter;

3. If the density bonus is based all or in part on dedication of land, all of the requirements in Government Code Section 65915(g) have been met;

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

5. If the incentive or concession includes mixed uses, all of the findings included in Government Code Section 65915(k)(2) can be made; and

6. If a waiver or reduction of a development standard is requested, the development standard would have the effect of physically precluding the construction of the development project at the density or with the incentives or concessions permitted by Government Code Section 65915.

B. Denial of incentive or concession. The review authority may deny a request for an incentive or concession only if it can make a written finding, based upon substantial evidence, of one of the following:

1. The incentive or concession is not required to provide for affordable rents or affordable ownership costs, as provided in Government Code Section 65915(d)(1)(A);

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

3. The concession or incentive would be contrary to State or Federal law.

3.A.10.d
Packet Pg. 389 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) AFFORDABLE HOUSING – DENSITY BONUSES 17.310
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-43 C. Denial of waiver or reduction. The review authority may deny a request for a waiver or reduction only if it can make a written finding, based upon substantial evidence, of one of the following:

1. The waiver or modification would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income, very-low income, and moderateincome households. For the purpose of this Subparagraph, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete; or

2. The waiver or reduction would be contrary to State or Federal law.

D. Denial based on provision of child care facilities. The review authority may deny a density bonus, incentive, or concession that is based on the provision of child care facilities only if it can make a written finding, based on substantial evidence, that the City already has adequate child day care facilities.

3.A.10.d
Packet Pg. 390 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.315 FENCES, WALLS & HEDGES
3-44 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.315 — Fences, Walls, and Hedges
Sections:

17.315.010 – Applicability

17.315.020 – Location, Height, and Type Standards

17.315.030 – Modifications to Location and Height Standards

17.315.040 – Measurement of Height

17.315.050 – Retaining Walls

17.315.060 – Standards for Specific Types of Fences and Walls

17.315.070 – Materials and Construction

17.315.075 – Modifications to Existing Walls and Fences

17.315.080 – Permit and Review Procedures

17.315.010 — Applicability
The regulations for fences, walls, and hedges apply to all zones. For development in an SP (Specific Plan) zone or subject to a Planned Development Permit issued in compliance with Chapter 17.620 (Planned Development Permits), the height, location, and design of fences, walls, and hedges may be determined by the specific plan development standards or the conditions of the Planned Development Permit, as applicable. For Specific Plans without Fence, Wall and Hedge standards, the Director shall determine the appropriate standards based on the comparable type and scope of Development.

17.315.020 — Location, Height, and Type Standards
The location and height of fences, walls, and hedges shall be determined by the setback area for the zone in which the property is located as indicated in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Table 3-4 (Standards for Fences, Walls, and Hedges) indicates the allowed location and height of fences, walls, and hedges subject to the required setback area(s) of the applicable zone. See Figure 3-11 (Types of Fencing) and Figure 3-12 (Fence, Wall, and Hedge Location and Height). (Ord. 21-02, Adopted April 20, 2021)

3.A.10.d
Packet Pg. 391 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) FENCES, WALLS & HEDGES 17.315
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-45 Table 3-4
Standards for Fences, Walls, and Hedges
Front Yard Setback Areas Fences and Walls – Maximum Height Hedges – Maximum Height
RE and RR Zones 4 ft. open or solid fencing (additional 2 ft open may be constructed on top for overall height of 6 ft.) 4-ft RL, RM, RH, RVH Zones 4 ft. open or solid fencing 4-ft
Commercial Zones 4 ft. open or solid fencing 6-ft
Industrial Zones 4 ft. open or solid fencing 6-ft
Mixed-Use Zones 4 ft. open or solid fencing 6-ft
Special Purpose Zones 4 ft. open or solid fencing 6-ft
Interior Side Yards, Street Side Yards, Rear Yards, and all other areas not listed herein. (fences, walls and hedges that extend into the front yard area shall be reduced per the above limits) Industrial Zones 8-ft open or solid fencing 8-ft
All other Zones 6-ft open or solid fencing 8-ft
Notes:
(1) If a fence or wall is located in a required street side setback area, the fence or wall shall not extend any closer than 20 feet to the front lot line or as allowed by Section 17.305.150 (Traffic Visibility Area), whichever is most restrictive.
(2) Side yard return fences shall be set back a minimum of five feet from the front of the structure. Where the five-foot setback conflicts with a door or window opening, the Director shall determine the appropriate setback.

3.A.10.d
Packet Pg. 392 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.3 15FENCES,WALLS &HEDGES
3-46DECEMBER 2012SAN JACINTO DEVELOPMENT CODE,TITLE 17
Figure 3-11
Types of Fencing
Examples of Solid Fencing
Examples of Open Fencing

3.A.10.d
Packet Pg. 393 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) FENCES, WALLS & HEDGES 17.315
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-47 Figure 3-12
Typical Fence, Wall, and Hedge Location and Height (RL Zone)

17.315.030 — Modifications to Location and Height Standards A. Irregularly shaped lots. For flag lots and other irregularly shaped parcels where the fence location is not consistent with the required setback area for the zone in which the property is located, the Director may allow a modification to the fence location at the Director’s discretion.

B. Screening. The height of fences and walls that are intended to screen loading areas in nonresidential zones from the view from residential zones shall be determined by a lineHeight limited to 30 inches in the traffic visibility area (See Section 17.305.150 (Traffic Visibility Area).

Maximum 4 ft solid or open fencing allowed
Maximum 6-ft solid fencing required
Maximum 6-ft solid or open fencing required

3.A.10.d
Packet Pg. 394 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.315 FENCES, WALLS & HEDGES
3-48 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 of-sight study prepared in compliance with Section 17.330.120 (Off-Street Loading Design and Development Standards).

C. Retaining walls. See Section 17.315.050 (Retaining Walls).

D. Estate Lot or Environmental Sensitive Areas. For parcels exceeding 10,000 square feet, on Hillside Development, or in Environmentally Sensitive Areas (as determined by the appropriate CEQA evaluation), the location, type and height of fencing can be modified by the Director with the approval of a Wall and Fence Plan concurrent with the Site Plan and Design Review application.

E. In-Fill Parcels. Parcels designated by the Director as In-Fill may be exempted from the Fence placement and locations requirements with the approval of a Wall and Fence Plan concurrent with the Site Plan and Design Review application.

F. Use Specific Development Standards. In instances where a higher fence is required by the applicable development standards for a specific land use, the use specific standards shall apply.

G. Mitigation. In the event a fence or wall is required to be increased in height as part of a project specific noise, sound, or fugitive dust mitigation measure, the approval authority may increase the height of the fence or wall by up to 2 feet without a variance. (Ord. 21- 02, Adopted April 20, 2021)

17.315.040 — Measurement of Height
A. Flat elevation. Fence height shall be measured as the vertical distance between the highest finished grade of the ground abutting the fence and the top edge of the fence material. Adjacent grades shall not be artificially elevated in order to allow for a fence or wall that is higher than the allowable maximum height.

B. Sloping elevation or with retaining walls. For fences on sloping ground or on retaining walls, solid fence height of six feet may be allowed as measured from the up-slope property so long as a total height, inclusive of any retaining wall, does not exceed 10 feet as measured from the down-slope property. See Figure 3-13 (Maximum Height of Combined Fence and Retaining Wall).

3.A.10.d
Packet Pg. 395 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) FENCES, WALLS & HEDGES 17.315
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-49 Figure 3-13
Maximum Height of Combined Fence and Retaining Wall

17.315.050 — Retaining Walls
A. Stepped retaining walls. Slopes are discouraged. An embankment to be retained that is over 48 inches in height shall be stepped so that no individual exposed retaining wall exceeds 48 inches in height, and each intervening step is a minimum width of 36 inches.

See Figure 3-14 (Stepped Retaining Walls).

Figure 3-14
Stepped Retaining Walls
B. Retaining walls in required front setback area. Retaining walls not exceeding 48 inches in total height may be allowed in a required front setback area, provided that the coverage does not exceed five percent of the required front setback area. On corner lots, retaining walls shall not be located within the traffic visibility area identified in Section

17.305.150 (Traffic Visibility Area).

C. Retaining walls on hillsides. For parcels that are located on hillsides, the location and height standards for retaining walls may be modified in compliance with Section

17.305.070 (Hillside Development Standards).

3.A.10.d
Packet Pg. 396 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.315 FENCES, WALLS & HEDGES
3-50 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.315.060 — Standards for Specific Types of Fences and Walls A. Temporary security fences. Temporary security fences may be erected around construction sites during the time a valid Building Permit is in effect for construction. A Temporary Use Permit is not required and the fences do not have to comply with the location requirements of Table 3-4, except that a traffic safety visibility area shall be maintained in compliance with Section 17.305.150 (Traffic Visibility Area). Temporary security fences shall be immediately removed upon completion of the construction authorized by the Building Permit.

B. Fencing for tennis courts. When located in a rear or side yard, but outside the rear or side yard setback area, up to 12 feet of fence height may be allowed for tennis courts.

When located within the rear or side yard setback area, up to12 feet of fence height may be allowed for tennis courts with the approval of a Minor Use Permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits).

C. Swimming pools. A swimming pool, hot tub, spa, or the entire property on which any of these are located shall be walled or fenced to prevent uncontrolled access in compliance with the California Building Code.

D. Separation of uses required. Fences and walls shall be required to separate residential from nonresidential uses.

E. Residential Subdivisions. Residential subdivisions shall provide solid decorative masonry walls as follows:

1. Along the exterior perimeter of the tract. View fences may be approved by the Director as appropriate per an approved Wall and Fence Plan.

2. Along street side yards

3. As return walls from Street Side for corner lots.

4. Modifications. The Director may modify any of these standards based on topography, compatibility or architectural design of the community or adjacent development with approval of a Wall and Fence Plan.

17.315.070 — Materials and Construction
A. Materials in all zones.

1. When in areas where not normally allowed. Fences and walls that are authorized in an area where they are normally prohibited shall be constructed of brick, concrete, decorative masonry, wrought -iron, or any other similar materials acceptable to the Director.

3.A.10.d
Packet Pg. 397 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) FENCES, WALLS & HEDGES 17.315
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-51

2. When for purpose of separating land uses or zones. Fences and walls that separate different land uses or zones shall be constructed only of decorative masonry.

3. Gates. Gates in fences and walls shall bewrought iron, vinyl, or any other similar materials acceptable to the Director.

4. Prohibited materials.
a. Barbed wire, razor wire, or any other similar materials that contain an electrical charge that can be touched from outside the fence and wall shall be prohibited.
b. Chain link that contains slats or is covered in tarps or other materials, expect for temporary construction screening purposes. (Ord. 21-02, Adopted April 20, 2021)

5. Compatibility with existing theme. Where a fence and wall type or theme exists in a development, fences and walls that are replaced or repaired shall be consistent with the existing fence and wall type or theme.

6. Alternative materials. The Director may approve alternative fence and wall materials, if the Director finds a need for the alternative fence and wall materials due to special security or inventory display considerations.

7. Wood. Wood fences, where allowed, shall comply with the following specifications:
a. Materials.
(1) All wood shall be pressure treated Douglas Fir or equivalent. (2) Minimum size vertical fence board shall be 1 inch by 6 inches. (3) Exposed wood surfaces shall be painted with two coats of exterior grade paint or oil base stain, color to be neutral to match that of stucco or the structure’s exterior.
b. Construction.
(1) Wood fences shall be supported by a 2-½ inch diameter tubular steel post (adjacent to gate post shall be 3 inches) set eight feet on centers in an 18-inch by 10-inch concrete post footing. The steel posts shall not be visible from any public right(s)-of-way.

3.A.10.d
Packet Pg. 398 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.315 FENCES, WALLS & HEDGES
3-52 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 (2) Top and bottom rails shall be provided on both sides of the fence to attach the 1-inch by 6-inch vertical fence boards.
(3) A 2-inch by six-inch base bolted to the support post shall be provided.
(4) A 2-inch by six-inch cap extending the length of the fence shall be affixed to the top support rails.
(5) Hinges, brackets, and bolts (3/8 inch minimum) shall be galvanized and where exposed shall be painted to match the color of the fence.

8. Decorative Masonry. For the purposes of this Section, Decorative Masonry shall consist of split face block, brick, or stucco finished CMU block. Precision block is generally not decorative unless incorporated into a split face design (i.e. 25% precision block in a decorative layout/design with 75% split face). Slump Stone is generally not decorative. Decorative caps may include precision block capstones. Decorative Masonry shall be to the satisfaction of the Director.

B. Materials in Residential zones. In addition to the standards in Subsection A (Materials in all zones), the following standards shall apply:

1. Visible from public right-of-way. Fences and walls that are visible from a public right-of-way as follows:
a. On the street side shall be constructed of solid decorative materials (e.g., brick, concrete, masonry, stucco, etc.) acceptable to the Director. Wood is prohibited.
b. Side yard return(i.e., running from house to house) shall be constructed of solid decorative materials, vinyl, wrought iron, or any other similar materials acceptable to the Director. Wood is prohibited. c. Within the front setback area shall be constructed of block, wrought iron, combination block and wrought iron, "picket," or "split rail" materials acceptable to the Director. Any "picket" and "split rail" shall be continuously maintained so as to appear in a "new" condition. Walls shall have decorative capping.

2. Not visible from public right-of-way. Fences and walls that are not visible from a public right-of-way, , may be constructed of wood or other approved material.

3.A.10.d
Packet Pg. 399 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) FENCES, WALLS & HEDGES 17.315
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-53

3. Chain link. Chain link shall only be permitted in areas where the predominate material is existing chain link, such as infill developments or replacement of existing chain link fences, with approval of the Director.

C. Materials in Non-Residential zones. In addition to the standards in Subsection A (Materials applicable in all zones), the following standards shall apply:

1. Located within the front building setback area or between the building and right-of-way. Fences and walls that are located within the front building setback area or between the building and the public right of way shall be constructed of wrought iron, tube steel, or other non-opaque material acceptable to the Director.

2. Other areas. Fences and walls that are not located within the front building setback area, or between the building and right-of-way, may be constructed of masonry, block, brick, vinyl, wrought iron, tube steel or other approved material acceptable to the Director.

3. Prohibited. Wood fences shall be prohibited. Chain Link fences shall be prohibited, except when fully screen from the public right-of-way.

D. Materials in Mixed-Use Zones. For projects located in the Mixed-Use Zones, the residential components shall comply with Subsection B (Materials in Residential Zones) above and the non-residential components shall comply with Subsection C (Materials in Non-Residential Zones) above, as approved by a Wall and Fence Plan acceptable to the Director.

17.315.075 — Modifications to Existing Walls and Fences Any person proposing to modify or replace an existing wall or fence constructed shall comply with the following:

1. Replacement or Modification of a non-conforming wall or fence shall not increase the degree of non-conformity including, but not limited to, placement, height, or materials.

Replacement material shall conform to the standards of this section to the satisfaction of the Director.

2. Replacement or Modification of conforming walls or fences shall be replaced or modified in conformance with the standards of this sections.

3. Replacement or Modification of walls or fences in reverse frontage or street side, shall be uniform for the block in which it is located to the satisfaction of the Director.

3.A.10.d
Packet Pg. 400 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.315 FENCES, WALLS & HEDGES
3-54 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.315.080 — Permit and Review Procedures
A. Department review and approval required.

1. Any person proposing to install a new wall or fence or replace or repair an existing wall or fence shall submit copies of the plans and details to the Director for review and approval. The submittal package shall include a plot plan drawn to scale, reflecting lot lines, adjacent public rights-of-way, driveways and existing buildings and structures. A dimensional detail of the proposed fence or wall shall also be provided reflecting the proposed materials and proposed height from existing and finished grade.

2. The Director shall approve the proposed fence or wall only if it is found to be in compliance with the applicable provisions of this Chapter. Replacement walls and fences shall meet current standards.

B. Building Permit required. A fence or wall shall be installed or constructed only following the issuance of a Building Permit.

3.A.10.d
Packet Pg. 401 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-55 Chapter 17.325 — Water Efficient Landscape and Irrigation

17.325.010 — Findings

17.325.020 — Purpose

17.325.030 — Applicability

17.325.040 — Exemptions from Landscaping Requirements

17.325.050 — Definitions

17.325.060 — Landscape and Irrigation Submittal Package Requirements

17.325.070 — Certificate of Completion

17.325.080 — Irrigation Scheduling

17.325.090 — Landscape and Irrigation Maintenance Schedule

17.325.100 — Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis

17.325.110 — Recycled Water

17.325.120 — Graywater Systems

17.325.130 — Stormwater Management and Rainwater Retention

17.325.140 — Water Waste Prevention

17.325.150 — Maintenance

17.325.160 — Public Education

17.325.170 — Environmental Review

17.325.180 — Reporting

17.325.190 — Protection of Solar Access

17.325.200 — Prescriptive Compliance Option

17.325.010 — Findings
The City finds that:

A. The waters of the state are of limited supply and are subject to ever increasing demands; therefore:

1. The continuation of California’s and the City’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;

2. It is the policy of the State and City to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

3. Landscapes are essential to the quality of life in California and the City by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

4. Landscape design, installation, maintenance and management can and should be water efficient; and

3.A.10.d
Packet Pg. 402 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-56 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

5. The City recognizes that Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.

17.325.020 — Purpose
A. Water Efficient Landscaping – Consistent with the above findings, the purpose of this Chapter of the Zoning Code is to:

1. Promote the values and benefits of landscaping practices that integrate and transcend the conservation and efficient use of water;

2. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects by using a whole system watershed approach in landscapes of any size and scale that require cross-sector collaboration to achieve the many benefits possible:

3. Establish provisions for water management practices and water waste prevention for existing landscapes;

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

5. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

6. Encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure;

7. Encourage local agencies to designate the necessary authority that implements and enforces the provisions of this Chapter 17.325 – Water Efficient Landscape and Irrigation;

8. Require landscapes that are planned, designed, installed, managed and maintained with the watershed based approach can improve California’s and the City’s environmental conditions and provide benefits and realize sustainability goals. Such landscapes will make the urban environment resilient in the face of climatic extremes; and

9. Recognize that the conditions in the urban setting will be improved by:

3.A.10.d
Packet Pg. 403 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-57 a. Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth that leads to more carbon storage, oxygen production, shade, habitat and esthetic benefits; b. Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum based fertilizers and pesticides, and planting climate appropriate shade trees in urban areas; c. Conserving water by capturing and reusing rainwater and graywater wherever possible and selecting climate appropriate plants that need minimal supplemental water after establishment;
d. Protecting air and water quality by reducing power equipment use and landfill disposal trips, selecting recycled and locally sourced materials, and using compost, mulch and efficient irrigation equipment to prevent erosion; and
e. Protecting existing habitat and creating new habitat by choosing local native plants, climate adapted non-natives and avoiding invasive plants.

Utilizing integrated pest management with least toxic methods as the first course of action. (CCR, Title 23, Division 2, Chapter 2.7, §490) B. Landscaping Standards – the purpose of this Chapter of the Zoning Code is to

1. Enhance the aesthetic appearance of the City by providing standards related to the quality and functional aspects of landscaping;

2. Increase the compatibility between abutting land uses and public rights-of-way by providing appropriate and suitable landscape screening and buffers;

3. Provide for the conservation and protection of water resources through the efficient use of water, as required by Government Code Section 65595 and Municipal Code Chapter 13.04.070 (Water Conservation and Water Supply Shortage Program and Regulations), and the appropriate use of plant materials suitable for climate and location, and regular maintenance of landscaped areas; and

4. Protect public health, safety, and welfare by preserving property values and enhancing pedestrian and vehicular traffic and safety.

3.A.10.d
Packet Pg. 404 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-58 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.325.030 — Applicability
A. Water Efficient Landscaping

1. This Chapter, consistent with Executive Order No. B-29-15, shall apply to all of the following landscape projects:
a. New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review;
b. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;
c. Existing landscapes that were installed before December 1, 2015 and are over one acre in size (subject to Sections 17.325.100 and 17.325.140 only); and
d. Cemeteries (subject to Sections 17.325.060 (B), 17.325.090, and 17.325.100 only) and existing cemeteries (subject to Sections 17.325.100 and

17.325.140 only).

2. This Chapter may apply to any project with an aggregate landscape area of 2,500 square feet or less by complying with the performance requirements of this Chapter or conforming to the prescriptive measures contained in Section

17.325.180 – Prescriptive Compliance Option.

3. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Section 17.325.180 – Prescriptive Compliance Option.

17.325.040 — Exemptions from Landscaping Requirements
The following areas or projects shall be exempt from the landscaping requirements in this Section:

A. Registered local, state or federal historical sites; B. Ecological restoration projects that do not require a permanent irrigation system; C. Mined-land reclamation projects that do not require a permanent irrigation system; or

3.A.10.d
Packet Pg. 405 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-59 D. Existing plant collections, as part of botanical gardens and arboretums open to the public.

17.325.050 — Definitions
The terms used in this Chapter have the meaning set forth below:

A. “Applied water” means the portion of water supplied by the irrigation system to the landscape.

B. “Automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weatherbased) or soil moisture data.

C. “Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

D. “Certificate of Completion” means the document required under 17.325.070 – Certificate of Completion.

E. “Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s Water Sense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program.

F. “Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s Water Sense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program.

G. “Check valve” or “anti-drain valve” means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads when the system is off.

H. “Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

I. “Compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

3.A.10.d
Packet Pg. 406 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-60 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 J. “Conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year. Check with the water purveyor as they may have a different Conservation Factor (CF).

K. “Distribution uniformity” means the measure of the uniformity of irrigation water over a defined area.

L. “Drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

M. “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

N. “Effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth. Effective Precipitation (25% of annual precipitation) in tracking water use and shall use the following equation to calculate Maximum Applied Water Allowance: MAWA= (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas. MAWA= (ETo - Eppt) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas.

O. “Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

P. “Established landscape” means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years of growth.

Q. “Establishment period of the plants” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment.

Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.

R. “Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in 17.325.060 B – Water Efficient Landscape Worksheet.

S. “ET adjustment factor” (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (nonrehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing nonrehabilitated landscapes is 0.8.

3.A.10.d
Packet Pg. 407 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-61 T. “Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

U. “Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

V. “Flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or sub-meter.

W. “Friable” means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

X. “Fuel Modification Plan Guideline” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

Y. "Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.

Health and Safety Code Section 17922.12.

Z. “Hardscapes” means any durable material (pervious and non-pervious).

AA. “Hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.

BB. “Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

CC. “Invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. It also means those invasive plant species noted in Table 6-2 (Plants That Should be Avoided Adjacent to the MSHCP Conservation Area).

3.A.10.d
Packet Pg. 408 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-62 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 DD. “Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “Watersense” labeled auditing program.

EE. “Irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Chapter is 0.75 for overhead spray devices and 0.81 for drip systems.

FF. “Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

GG. “Irrigation water use analysis” means a review of water use data based on meter readings and billing data.

HH. “Landscape architect” means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.

II. “Landscape area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation.

The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

JJ. “Landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

KK. “Landscape and Irrigation Submittal Package” means the documents required under Section 17.325.060 – Landscape and Irrigation Submittal Package Requirements.

LL. “Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this Chapter, meeting requirements under17.325.030 – Applicability.

3.A.10.d
Packet Pg. 409 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-63 MM. “Landscape water meter” means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

NN. “Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

OO. “Local water purveyor” means any entity, including a public agency, city, county or private water company that provides retail water service.

PP. “Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

QQ. “Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet.

RR. “Master shut-off valve” is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed, water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

SS. “Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in 17.325.060 B – Water Efficient Landscape Worksheet. It is based upon the area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1- ETAF) x SLA)].

TT. “Median” is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

UU. “Microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

VV. “Mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

3.A.10.d
Packet Pg. 410 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-64 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 WW. “Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

XX. “New construction” means, for the purposes of this Chapter, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

YY. “Non-residential landscape” means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

ZZ. “Operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

AAA. “Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).

BBB. “Overspray” means the irrigation water which is delivered beyond the target area.

CCC. “Permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

DDD. “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.

EEE. “Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this Chapter, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Chapter are derived from the publication “Water Use Classification of Landscape Species”. Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

FFF. “Project applicant” means the individual or entity submitting a Landscape and Irrigation Submittal Package required under 17.325.060 – Landscape and Irrigation Submittal Package Requirements to request a permit, plan check, or design review from the City. A project applicant may be the property owner or his or her designee.

GGG. “Rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.

3.A.10.d
Packet Pg. 411 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-65 HHH. “Record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

III. “Recreational area” means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf courses tees, fairways, roughs, surrounds and greens.

JJJ. “Recycled water”, “reclaimed water”, or “treated sewage effluent water” means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

KKK. “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in the table below, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated. A Landscape Architect may adjust the ETo based upon their expertise of the area and proposed plant materials.

REFERENCE EVAPOTRANSPIRATION (ETO) TABLE
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
ETo

2.3 2.4 4.1 4.9 6.4 6.9 7.7 7.5 6.0 3.9 2.6 2.1 56.8
LLL. “Rehabilitated landscape” means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of 17.325.030 – Applicability, and the modified landscape area is equal to or greater than 2,500 square feet.

MMM.“Residential landscape” means landscapes surrounding single or multifamily homes.

NNN. “Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

OOO. “Soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

3.A.10.d
Packet Pg. 412 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-66 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 PPP. “Soil texture” means the classification of soil based on its percentage of sand, silt, and clay.

QQQ. “Special Landscape Area” (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water.

RRR. “Sprinkler head” means a device which delivers water through a nozzle.

SSS. “Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.

TTT. “Station” means an area served by one valve or by a set of valves that operate simultaneously.

UUU. “Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

VVV. “Sub-meter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

WWW.“Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses.

Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.

XXX. “Valve” means a device used to control the flow of water in the irrigation system.

YYY. “Water conserving plant species” means a plant species identified as having a very low or low plant factor.

ZZZ. “Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high-water use hydrozone of the landscape area.

Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

AAAA. “Watering window” means the time of day irrigation is allowed.

BBBB. “WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, and the Department of Water Resources 2014. (CCR, Title 23, Division 2, Chapter 2.7, §491)

3.A.10.d
Packet Pg. 413 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-67

17.325.060 — Landscape and Irrigation Submittal Package Requirements An applicant proposing any new or rehabilitated landscape subject to this Chapter shall prepare and submit an application to the City for review and approval by the Director or his/her designee. The planting plan, irrigation plan, and soils management plan shall be reviewed to ensure that all components of the plans adhere to the requirements of this Chapter. No certificate of occupancy or other final City approval shall be issued until the City reviews and approves the landscape and irrigation plans and the landscape and irrigation are installed in accordance with the approved plans. A copy of the approved landscape and irrigation plans and conditions of approval shall be provided to the property owner or site manager along with any other information normally forwarded to the property owner or site manager.

A. The Landscape and Irrigation Submittal Package
A Landscape and Irrigation Plan shall be approved by the Director or his/her designee.

Submittal shall be required before the issuance of a Building or Grading Permit.

Approval shall be required before the issuance of a Business License, or Certificate of Occupancy for any applicable project (17.325.030 – Applicability).

1. Area requirements. Unless exempt in compliance with Section 17.325.040 (Exemptions from Landscaping Requirements) the following landscaping shall be provided:
a. Minimum percentage area. Each residential and nonresidential land use shall provide and maintain minimum landscaped areas based on impervious surface coverage standards in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
b. Parking areas. Parking areas shall be landscaped in compliance with Section 17.330.090 (Landscaping Standards for Parking Areas). Parking lot areas shall be counted as part of the total lot area when computing the minimum landscaped area.
c. Minimum dimensions. Landscaped areas shall measure at least five feet in any direction in order to be counted as meeting the minimum requirements.

2. Content. Landscape plans, including fuel modification plans, shall be prepared in compliance with the City’s Landscape Design Guidelines.

3. Review. After initial application, the Director, or his/her designee, shall review the plans for compliance with the requirements of this Chapter. In addition, plans for projects in wildland fire hazard areas or hillside locations shall be submitted to the Fire Chief for approval before final approval of the landscape and irrigation plans.

3.A.10.d
Packet Pg. 414 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-68 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

4. Installation. Landscaping shall be installed:
a. Only after the applicant receives approval of the landscape plans; and b. Before issuance of the final Certificate of Occupancy or final Building Permit, except for extensions granted by the Director due to exceptional and unforeseen circumstances (e.g., seasonal conditions).

5. Changes to approved landscape plans. Changes to the approved landscape and irrigation plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval before installation.

6. Statement of surety. A statement of surety in the form of cash, performance bond, letter of credit, or certificate of deposit in an amount equal to 120 percent of the total value of all plant materials, irrigation, installation, water, and maintenance shall be posted with the City for a two-year period. The Director, or his/her designee, may require statements of surety for phased development projects.

7. General design standards. The following features shall be incorporated into the design of landscaped areas and shall comply with the specifications in the City’s Landscape Design Guidelines.
a. Landscaping shall be planned as an integral part of the overall project design and not simply located in excess space after parking areas and structures have been planned.
b. Landscaped areas shall be provided with an automatic irrigation system(s) per 17.325.060E (Irrigation Design Plan).
c. Landscaping may also include small amounts of accessory decorative outdoor landscape elements (e.g., ponds, fountains, sculpture, and paved or decorated surfaces) excluding driveways, parking, and storage areas. d. Front setbacks and side setbacks abutting a street shall be landscaped and maintained. A minimum of 50 percent of the area required to be landscaped shall consist of live plants.
e. Sidewalks providing pedestrian access shall be considered in the design of all landscaped areas, including the need to locate plants, utility boxes, backflow devices and fire backflow preventers, so as not to interfere with the ability of pedestrians to have an adequate view of paths and surrounding areas to ensure their safety.

3.A.10.d
Packet Pg. 415 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-69 f. Landscape planting shall include adjacent public street rights-of-way, in compliance with the City’s Landscape Design Guidelines. g. Landscaping over 30 inches in height shall not be allowed within a traffic visibility area formed by the intersection of public rights-of-way, parking lot entrances and exits, pedestrian rights-of-way, driveways, or alleys as determined by the Director in compliance with Section 17.305.150 (Traffic Visibility Area).
h. Landscaping shall be required to screen storage areas, trash enclosures, and parking areas in compliance with Section 17.305.110 (Screening and Buffering).
i. Graded areas proposed for development in a later phase shall be planted with native vegetation specified in an approved revegetation plan and shall be maintained in a weed-free condition until development occurs, if the later phase will not begin construction within six months of completion of the previous phase.
j. Graded slopes in excess of 15-feet in vertical height shall be landscaped and irrigated in accordance with Section 15.04.020 – 2013 Building Code Adopted Modifications.

8. The Landscape and Irrigation Submittal Package shall include:
a. a completed application packet provided by the City; b. the Water Efficient Landscape Worksheet, including the MAWA and ETWU;
c. the soils management report;
d. landscape design plan;
e. irrigation design plan; and
f. the grading plan.

B. Water Efficient Landscape Worksheet

1. The project applicant shall complete the Water Efficient Landscape Worksheet in the Landscape and Irrigation Submittal Package which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of

0.55 for residential areas and 0.45 for non-residential areas, exclusive of Special

3.A.10.d
Packet Pg. 416 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-70 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and

0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.
a. In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, the project applicant shall use the ETo values from the Reference Evapotranspiration Table in 17.325.050 JJJ. For geographic areas not covered in 17.325.050 JJJ use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

2. Water budget calculations shall adhere to the following requirements:
a. The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.
b. All water features shall be included in the high-water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.
c. All Special Landscape Areas shall be identified and their water use calculated as shown in the Water Efficient Landscape Worksheet of the Landscape and Irrigation Submittal Package provided by the City. d. ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

C. Soils Management Report

1. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:
a. Submit soil samples to a laboratory for analysis and recommendations.

3.A.10.d
Packet Pg. 417 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-71 (1) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

2. The soil analysis shall include:
a. soil texture;
b. infiltration rate determined by laboratory test or soil texture infiltration rate table;
c. pH;
d. total soluble salts;
e. sodium;
f. percent organic matter; and
g. recommendations

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

4. The project applicant, or his/her designee, shall comply with one of the following:
a. If significant mass grading is not planned, the soil analysis report shall be submitted to the City as part of the Landscape and Irrigation Submittal Package; or
b. If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certificate of Completion.

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

6. The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the City with Certificate of Completion.

3.A.10.d
Packet Pg. 418 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-72 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Landscape Design Plan

1. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project and all requirements of Articles 2, 3 and 4 of the Development Code should be included in the design, including but not limited to, the landscaping requirements for parking lots, trash enclosures, and the like. The City’s Landscape Design Guidelines, as may be periodically amended by the Director, are incorporated by reference to assist in designing, constructing, and maintaining a water efficient landscape and irrigation system. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape and Irrigation Submittal Package. a. Plant Material
(1) Only plant materials listed on the City’s approved plant list shall be accepted, unless otherwise approved in writing by the Director or his/her designee. The approved plant list is contained in the City’s Landscape Design Guidelines.
(2) An appropriate mix of plant materials shall be provided. (3) Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and traffic visibility areas. (4) Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners, particularly the right to solar access.
(5) Trees planted near public sidewalks or curbs shall be of a species and installed in a manner that prevents physical damage to the sidewalks, curbs, gutters and other public improvements. (6) Any plant may be selected for the landscape providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. Methods to achieve water efficiency shall include one or more of the following:
i. protection and preservation of native species and natural vegetation;
ii. selection of water-conserving plant, tree and turf species, especially local native plants;
iii. selection of plants based on local climate suitability, disease and pest resistance;

3.A.10.d
Packet Pg. 419 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-73 iv. selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as
appropriate for the planting area:
v. selection of plants from local and regional landscape program plant lists;
vi. selection of plants from local Fuel Modification Plan Guidelines; and
vii. Turf shall only be permitted in medians if permitted under current State Drought Regulations. Check with the water purveyor to determine current regulations for planting
medians.
(7) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 17.325.060 E 2 d – Irrigation Design Plan. (8) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:
i. use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
ii. recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; and
iii. consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
(9) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent) and shall be limited in public medians in accordance with current water drought restrictions.

3.A.10.d
Packet Pg. 420 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-74 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 (10) High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.
(11) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines.
(12) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged. (13) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
b. Water Features
(1) Recirculating water systems shall be used for water features. (2) Where available, recycled water shall be used as a source for decorative water features.
(3) Surface area of a water feature shall be included in the high-water use hydrozone area of the water budget calculation.
(4) Pool and spa covers are highly recommended.
c. Soil Preparation, Mulch and Amendments
(1) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.
(2) Soil amendments shall be incorporated according to
recommendations of the soil report and what is appropriate for the plants selected (see 17.325.060 C – Soils Management Report). (3) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with

3.A.10.d
Packet Pg. 421 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-75 greater than 6%organic matter in the top 6 inches of soil are exempt from adding compost and tilling.
(4) A minimum three-inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5 %of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(5) Stabilizing mulching products shall be used on slopes that meet current engineering standards.
(6) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
(7) Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.
d. The landscape design plan, at a minimum, shall:
(1) delineate and label each hydrozone by number, letter, or other method;
(2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;
(3) identify recreational areas;
(4) identify areas permanently and solely dedicated to edible plants; (5) identify areas irrigated with recycled water;
(6) identify type of mulch and application depth;
(7) identify soil amendments, type, and quantity;
(8) identify type and surface area of water features;

3.A.10.d
Packet Pg. 422 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-76 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 (9) identify hardscapes (pervious and non-pervious); and (10) identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the City or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in 17.325.130 – Stormwater Management and Rainwater Retention.
(11) identify any applicable rain harvesting or catchment technologies as discussed in Section17.325.130 – Stormwater Management and Rainwater Retention and their 24-hour retention or infiltration capacity;
(12) identify any applicable graywater discharge piping, system components and area(s) of distribution;
(13) contain the following statement: “I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan”;
(14) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code); and
(15) identify compliance with Section 15.04.020 – 2013 Building Code Adopted Modifications for Graded slopes in excess of 15-feet in vertical height.

3.A.10.d
Packet Pg. 423 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-77 E. Irrigation Design Plan

1. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period.

For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape and Irrigation Submittal Package.
a. System
(1) Landscape water meters, defined as either a dedicated water service meter or private sub-meter, shall be installed for all nonresidential irrigated landscapes of 1,000 square feet but not more than 5,000 square feet (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either:
i. a customer service meter dedicated to landscape use
provided by the local water purveyor; or
ii. a privately-owned meter or sub-meter.
b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.
c. If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.
(1) If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
(2) Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not

3.A.10.d
Packet Pg. 424 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-78 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 available at the design stage, the measurements shall be conducted at installation.
d. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.
e. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
f. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable City code (i.e., public health) for additional backflow prevention requirements.
g. Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger.
h. Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.
i. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
j. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. k. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
l. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in 17.325.060 B – Water Efficient Landscape Worksheet regarding the Maximum Applied Water Allowance.

3.A.10.d
Packet Pg. 425 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-79 m. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard. All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
n. It is highly recommended that the project applicant or City inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
o. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
p. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.
q. Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.
r. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turf grass.
s. Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.
t. Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.
u. Overhead irrigation shall not be permitted within 24 inches of any nonpermeable surface. Allowable irrigation within the setback from nonpermeable surfaces may include drip, drip line, or other low flow nonspray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material.

These restrictions may be modified if:
(1) the landscape area is adjacent to permeable surfacing and no runoff occurs; or

3.A.10.d
Packet Pg. 426 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-80 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 (2) the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or
(3) the irrigation designer specifies an alternative design or technology, as part of the Landscape and Irrigation Submittal Package and clearly demonstrates strict adherence to irrigation system design criteria in 17.325.060 E 1 i. Prevention of overspray and runoff must be confirmed during the irrigation audit. v. Slopes greater than 25% shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape and Irrigation Submittal Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. w. Graded slopes in excess of 15-feet in vertical height shall be landscaped and irrigated in compliance with Section 15.04.020 – 2013 Building Code Adopted Modifications.

2. Hydrozone
a. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. b. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. c. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.
d. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
(1) plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
(2) the plant factor of the higher water using plant is used for calculations.
e. Individual hydrozones that mix high and low water use plants shall not be permitted.

3.A.10.d
Packet Pg. 427 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-81 f. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Water Efficient Landscape Worksheet of the Landscape and Irrigation Submittal Package provided by the City. This table can also assist with the irrigation audit and programming the controller.

3. The irrigation design plan, at a minimum, shall contain:
a. location and size of separate water meters for landscape; b. location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;
c. static water pressure at the point of connection to the public water supply;
d. flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; e. recycled water irrigation systems as specified in 17.325.110 – Recycled Water;
f. the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)

3.A.10.d
Packet Pg. 428 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-82 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 F. Grading Design Plan

1. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape and Irrigation Submittal Package. A comprehensive grading plan prepared by a civil engineer for other City permits satisfies this requirement. Check with the City Engineer for requirements on preparation of a grading plan.
a. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
(1) height of graded slopes;
(2) drainage patterns;
(3) pad elevations;
(4) finish grade;
(5) stormwater retention improvements, if applicable; and (6) compliance with Section 15.04.020 – 2013 Building Code Adopted Modifications for Graded slopes in excess of 15-feet in vertical height.
b. To prevent excessive erosion and runoff, it is highly recommended that project applicants:
(1) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable
hardscapes;
(2) avoid disruption of natural drainage patterns and undisturbed soil; and
(3) avoid soil compaction in landscape areas.
c. The grading design plan shall contain the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan” and shall bear the signature of a licensed professional as authorized by law.

3.A.10.d
Packet Pg. 429 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-83

17.325.070 — Certificate of Completion
A. The Certificate of Completion (see Certificate of Completion Form of the Landscape and Irrigation Submittal Package provided by the City for a sample certificate) shall be filled out by the applicant upon completion of the landscape project and shall include the following six (6) elements:

1. project information sheet that contains:
a. date;
b. project name;
c. project applicant name, telephone, and mailing address; d. project address and location; and
e. property owner name, telephone, and mailing address;

2. certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape and Irrigation Submittal Package;
a. where there have been, significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification;
b. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

3. irrigation scheduling parameters used to set the controller (see 17.325.080 – Irrigation Scheduling);
a. landscape and irrigation maintenance schedule (see 17.325.090 – Landscape and Irrigation Maintenance Schedule);
b. irrigation audit report (see 17.325.100 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis); and
c. soil analysis report, if not submitted with Landscape and Irrigation Submittal Package, and documentation verifying implementation of soil report recommendations (see 17.325.060 C – Soils Management Report).

3.A.10.d
Packet Pg. 430 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-84 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 B. The project applicant shall:

1. submit the signed Certificate of Completion along with the Statement of Surety to the City for review and approval;

2. ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee.

C. The City shall:

1. receive the signed Certificate of Completion and Statement of Surety from the project applicant;

2. approve or deny the Certificate of Completion and Statement of Surety. If the Certificate of Completion and/or the Statement of Surety are denied, the City shall provide information to the project applicant regarding reapplication or other assistance.

17.325.080 — Irrigation Scheduling
A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health.

Irrigation schedules shall meet the following criteria:

1. Irrigation scheduling shall be regulated by automatic irrigation controllers.

2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use.

Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

4. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
a. the plant establishment period;
b. the established landscape; and

3.A.10.d
Packet Pg. 431 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-85 c. temporarily irrigated areas.

5. Each irrigation schedule shall consider for each station all of the following that apply:
a. irrigation interval (days between irrigation);
b. irrigation run times (hours or minutes per irrigation event to avoid runoff);
c. number of cycle starts required for each irrigation event to avoid runoff; d. amount of applied water scheduled to be applied on a monthly basis; e. application rate setting;
f. root depth setting;
g. plant type setting;
h. soil type;
i. slope factor setting;
j. shade factor setting; and
k. irrigation uniformity or efficiency setting.

17.325.090 — Landscape and Irrigation Maintenance Schedule A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.

B. A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices.

Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

D. A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.

3.A.10.d
Packet Pg. 432 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-86 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.325.100 — Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis A. All landscape irrigation audits shall be conducted by a City landscape irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

B. In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots (as long as at least one of each typical landscape design is audited) or approximately 15% will satisfy this requirement. Should the landscape review and/or installation occur in phases then this requirement will apply to each phase.

C. For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in 17.325.030 – Applicability;

1. the project applicant shall submit an irrigation audit report with the Certificate of Completion to the City that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;

2. the City shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance.

3. If the local water purveyor has stricter requirements than called for in this Chapter, the project applicant is responsible for contacting the water purveyor to determine what the requirements are and designing the plans to those requirements. The City will work with the project applicant to implement the water purveyor’s requirements.

D. This section, shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size.

1. For all landscapes that have a water meter, the City shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62).

2. For all landscapes that do not have a meter, the City shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to

3.A.10.d
Packet Pg. 433 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-87 evaluate water use and provide recommendations as necessary in order to prevent water waste.

17.325.110 — Recycled Water
A. Recycled/reclaimed water shall be utilized whenever available, and reclaimed irrigation equipment shall be specified on the landscape plans.

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

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

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

E. Applicants using recycled water for their landscape and irrigation plans shall consult with the appropriate water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that the plans, when submitted, comply with the applicable standards, approvals, and implementation requirements of this Chapter, the water purveyor and any applicable maintenance entity.

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

17.325.120 — Graywater Systems
A. Graywater systems promote the efficient use of water and are encouraged to assist in onsite landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and 17.325.030 A 3 – Applicability for the applicability of this Chapter to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater.

17.325.130 — Stormwater Management and Rainwater Retention A. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best

3.A.10.d
Packet Pg. 434 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-88 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

B. Project applicants shall refer to Chapter 13.04 – Water Service System Generally, Chapter

13.44.060 – Stormwater Management Discharge of Pollutants and Chapter 13.44.130 – Stormwater Management New Development and Redevelopment of the Municipal Code for information on any applicable stormwater technical requirements ordinances and stormwater.

C. All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to17.325.060 D 1 c – Landscape Design Plan.

D. It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: the one inch, 24-hour rain event or the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.

E. It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use:

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

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

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

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

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

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

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

17.325.140 — Water Waste Prevention
A. Landscape areas shall be designed and maintained to ensure water efficiency, avoid runoff, and promote conservation in compliance with the City’s Landscape Design

3.A.10.d
Packet Pg. 435 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-89 Guidelines and this Chapter. Suggested methods include checking, adjusting, and repairing irrigation equipment; resetting automatic controllers; installing precipitation sensors; aerating and detaching turf areas; adding or replenishing mulch, fertilizer, and soil amendments; and pruning and weeding all landscaped areas.

B. Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non-irrigated areas, sidewalks, roadways, or structures is prohibited.

An estimated annual water use budget shall be prepared for the entire landscape area in compliance with the City’s Landscape Design Guidelines and landscape water use efficiency requirements in this Chapter.

C. The City shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures. Violation of these prohibitions shall be subject be penalized in accordance with Section 13.04.070 – Rationing of Water–Authority).

D. Restrictions regarding overspray and runoff may be modified if:

1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or

2. the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

17.325.150 — Maintenance
All installed landscaping and irrigation systems shall be continually maintained. Maintenance shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, monitoring for pests and disease, the removal and timely replacement of dead plants, and the repair and timely replacement of irrigation systems, and integrated architectural features.

17.325.160 — Public Education
A. Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.

1. The City or water suppliers/purveyors will provide information to owners of permitted renovations and new single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.

3.A.10.d
Packet Pg. 436 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-90 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 B. Model Homes. All model homes shall be landscaped and shall use signs and written information to demonstrate the principles of water efficient landscapes described in this Chapter.

1. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per this Chapter; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

2. Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

17.325.170 — Protection of Solar Access
In compliance with Public Resources Code Section 25982, a structure, fence, or wall shall not be constructed or modified, and vegetation shall not be placed or allowed to grow after the effective date of this Chapter, so as to obstruct more than 10 percent of the absorption area of a solar energy system on a neighboring parcel at any one time between the hours of 10 a.m. and 2 p.m.

17.325.180 – Prescriptive Compliance Option
A. This appendix contains prescriptive requirements which may be used as a compliance option to this Chapter.

B. Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:

1. Submit a Landscape and Irrigation Submittal Package which includes the following elements:
a. Date
b. project applicant
c. project address (if available, parcel and/or lot number(s)) d. total landscape area (square feet), including a breakdown of turf and plant material
e. project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed)

3.A.10.d
Packet Pg. 437 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-91 f. water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well g. contact information for the project applicant and property owner h. applicant signature and date with statement, “I agree to comply with the requirements of the prescriptive compliance option of Chapter 17.325 – Water Efficient Landscape and Irrigation Chapter.

2. Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test);

3. Plant material shall comply with all of the following; a. For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water;
b. For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water;
c. A minimum three-inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

4. Turf shall comply with all of the following:
a. Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas;
b. Turf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation change for every 4 feet of horizontal length; c. Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff.

5. Irrigation systems shall comply with the following:
a. Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data.

3.A.10.d
Packet Pg. 438 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-92 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 b. Irrigation controllers shall be of a type which does not lose programming date in the event the primary power source is interrupted. c. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.
d. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.
e. All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014. “Landscape Irrigation Sprinkler and Emitter Standard,” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

6. At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. (ord. 16-01, adopted April 5, 2016)

3.A.10.d
Packet Pg. 439 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-93 Chapter 17.330 — Off-Street Parking and Loading Standards Sections:

17.330.010 — Purpose

17.330.020 — Applicability

17.330.030 — General Parking Provisions

17.330.040 — Limitations on Parking/Storage of Vehicles

17.330.050 — Number of Parking Spaces Required

17.330.060 — Adjustments to Parking Requirements

17.330.070 — Disabled/Handicapped Parking Requirements

17.330.080 — Parking Design and Development Standards

17.330.090 — Landscaping Standards for Parking Areas

17.330.100 — Paving Limitations for Driveways in Residential Zones

17.330.110 — Bicycle Parking

17.330.130 — Off-Street Loading Design and Development Standards

17.330.010 — Purpose
The purpose of this Chapter is to provide off-street parking and loading standards to:

A. Provide for the general welfare and convenience of persons within the City by ensuring sufficient off-street parking and loading facilities to meet the needs generated by specific uses;
B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities;
C. Increase public safety by reducing congestion on public streets; D. Buffer surrounding land uses from the visual impact of off-street parking and loading facilities; and
E. Provide loading and delivery facilities in proportion to the needs of allowed uses.

17.330.020 — Applicability
A. Applicability. Every use, including a change or expansion of a use or structure, except as otherwise provided in Chapter 17.705 (Nonconforming Parcels, Structures, and Uses), shall provide and maintain off-street parking and loading facilities in compliance with this Chapter.

B. Timing of installation. A use shall not be commenced and a structure(s) shall not be occupied until improvements required by this Chapter are satisfactorily completed.

3.A.10.d
Packet Pg. 440 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-94 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 C. Projects in progress. Notwithstanding the requirements in Section 17.100.090 (Effect of Development Code Amendments on Projects in Progress) or unless the conditions of an approved discretionary permit expressly provide a different time limit, previously approved parking facilities shall be given 12 months from the effective date of this Development Code to be under construction. In the event of hardship, one 12-month extension may be granted by the Director upon confirmation of the hardship.

17.330.030 — General Parking Provisions
A. Parking and loading spaces to be permanent. Required parking and loading spaces shall be permanently available. Off-site parking shall require a permanent covenant or a secured lease agreement in compliance with Subsection 17.330.060.B (Adjustments to Parking Requirements – Shared Parking).

B. Parking and loading spaces to be unrestricted. A lessee, owner, tenant, or other person having control of the premises for which parking or loading spaces are required by this Chapter shall not prevent, prohibit, or restrict authorized persons (including employees) from using the spaces without the prior written approval of the Director.

C. Maintenance. The required parking and loading features (e.g., landscaping, parking surfaces, striping, signs, etc.) shall be continuously maintained in good condition by any person having control of the premises (e.g., lessee, owner, tenant, etc.).

1. Landscaping shall be kept alive and continually maintained in compliance with Section 17.330.090 (Landscaping Standards for Parking Areas) and Chapter

17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016)

2. Parking surfaces shall be kept free of holes and substantial deterioration.

3. Striping shall be visible.

4. Signs shall be kept in place, legible, and continually maintained.

5. Parked vehicles shall not extend over a property line or into a public right-ofway.

D. Usable and accessible. Required parking and loading spaces shall be usable and accessible.

17.330.040 — Limitations on Parking/Storage of Vehicles A. Storage of trucks. The parking and storage of trucks exceeding eight feet in height or 20 feet in length shall be prohibited in any residential zone unless parked within an enclosed structure. This restriction shall not apply to trucks used during pickup and

3.A.10.d
Packet Pg. 441 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-95 delivery or during construction or repair work while in service. Height shall be measured from level ground to the top of the cab or trailer, whichever is higher, but excludes camper shells.

B. Prohibited parking or storage. The parking or storage of the following types of vehicles in required parking areas or within the required front yard of any residentially zoned parcel shall be strictly prohibited, unless listed as exempt under Subsection C, below:

1. Recreational vehicles (RV) (e.g., boats, motor homes, travel trailers, campers, camper shells, etc.);

2. Commercial vehicles (i.e., trucks and vans exceeding eight feet in height or 20 feet in length);

3. Utility trailers;

4. Tractors; or

5. Wrecked, junked, non-registered, or inoperable motor vehicles.

C. Exceptions to vehicle type restrictions.

1. Recreational vehicle (RV).
a. An RV may be temporarily parked in the driveway for up to a total of 72 hours within any consecutive 120-hour period for the purpose of loading and unloading the RV and for light maintenance and repair, provided that:
(1) The RV shall not extend into the public right-of-way at any time. (2) The RV shall not block any sidewalks or walkways.
(3) The RV shall not be used for living, sleeping, or housekeeping purposes.
b. Upon the expiration of 72 hours, the RV shall be moved to any of the following locations:
(1) A distance of at least 300 feet from the area where last parked; (2) For any lot in a residential zone, in one side yard next to the garage and driveway, extending to the rear lot line, except that for corner lots, storage is only allowed in the interior side yard, extending to the rear lot line. See Figure 3-15 (Allowable Recreational Vehicle Storage Area). The Director may approve

3.A.10.d
Packet Pg. 442 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-96 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 alternative storage in the rear yard of corner lots only in cases where interior side yard storage is not feasible, street side access is approved with an encroachment permit, traffic visibility standards are met (Section 17.305.150); paving limitations are met (Section 17.305.090); and the visual amenities and views of adjacent properties are not adversely impacted.
c. Motorized RV’s shall be stored on an improved surface of concrete or other material as approved by the Director.

Figure 3-15
Allowable Recreational Vehicle Storage Area

2. Inoperable vehicles. Inoperable vehicles shall be stored within a garage, barn, or other fully enclosed and permitted structure or within the permitted RV parking area when fully screened from all public rights-of-way. For purposes of this provision, an inoperable vehicle is defined in Article 8 (Definitions).

3. Tractors. Agricultural or farming tractors may be temporarily parked in the front yard of parcels whose primary use is agricultural in nature.

D. Violations. Violations of this Section maybe addressed through the Administrative Citation process of the Municipal Code. D. Vehicles for sale. The parking of vehicles, trailers, or other personal property for the primary purpose of displaying the vehicle,

3.A.10.d
Packet Pg. 443 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-97 trailer, or other personal property for sale, hire, or rental shall be prohibited as specified in Municipal Code Section 10.16.140 (Parking for certain purposes prohibited).

17.330.050 — Number of Parking Spaces Required
Each land use shall be provided the number of off-street parking spaces required by this Section. See Sections 17.330.110 for off-street parking requirements for bicycles.

A. Minimum number of off-street parking spaces required. Each land use shall provide the number of off-street parking spaces indicated in Table 3-5 (Parking Requirements by Land Use), spaces, including disabled access spaces required by Section 17.330.070 (Disabled/Handicapped Parking Requirements), except where an increase or decrease has been granted in compliance with Section 17.330.060 (Adjustments to Parking Requirements).

B. Use not listed. A land use not specifically listed in Table 3-5 (Parking Requirements by Land Use) shall provide parking as required by the Director based on the most similar use that is listed. The Director shall use the requirements specified in Table 3-5 as a guide in determining the appropriate number of off-street parking spaces required for the use.

C. Mixed uses or occupancies. In the case of mixed-uses or occupancies, the total number of required off-street parking spaces shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, unless a shared use of parking facilities agreement has been approved in compliance with Section 17.330.060 (Adjustments to Parking Requirements).

D. Computation of required number of parking spaces. Whenever the computation of the required number of off-street parking spaces results in a fractional parking space, one additional parking space shall be required for one-half or more fractional parking space and any fractional space less than one-half of a parking space shall not be counted.

E. Floor area. Where Table 3-5 establishes a parking, requirement based on floor area in square feet (e.g., 1 space for each 1,000 square feet of floor area), the floor area shall be construed to mean gross interior floor area unless otherwise specified, and shall include all locations of shared halls, lobby areas, and rest rooms, but shall not include areas for vertical circulation, elevators, or stairs.

F. Bench or bleacher seating. Where fixed seating (e.g., benches, bleachers, pews, or similar seating) is provided, a seat shall be defined as 18 inches of bench space for the purpose of calculating the number of required parking spaces as provided in Table 3-5.

3.A.10.d
Packet Pg. 444 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-98 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 G. Nonconforming parking. A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the provisions in Section

17.705.110 (Nonconforming Parking).

H. Tandem parking. Tandem parking spaces shall be allowed in multi-family residential developments in cases where tandem spaces are assigned to the same unit.

I. Compact car parking. Compact spaces shall be prohibited. For the purposes of this Subsection, a compact space shall be any space that is smaller than the minimum size indicated in Section 17.330.080 (Parking Design and Development Standards).

Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Agricultural and Resource-Related Uses
Accessory Agricultural Structures and Uses
(Noncommercial)
1 space per site
Agricultural Activities and Facilities
(Commercial)
1 space per on duty employee
Agritourism Determined by Conditional Use Permit
Produce Stands 3 spaces per 1,000 sq. ft. GFA
Equestrian Facilities 1 space per every 5 stable stalls Cannabis Uses Refer to Chapter 17.435
Care Uses
Day Care Facility
Small (8 or fewer) Same as primary residential use
Large (9 to 14)
In addition to spaces for primary residential use,
1 space per on duty employee; and
1 drop-off space for every 7 care recipients
Day Care Centers (15+)
1 space per on duty employee; and
1 drop-off space for every 7 care recipients

3.A.10.d
Packet Pg. 445 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-99 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Accessory to on-site employer 1 space per employee; and 1 drop-off space for every 7 care recipients Community Care Facility/Residential Care Facility/ Residential Care Facility for the Elderly Small – up to 6 Same as primary residential use
Large – 7 or more
In addition to spaces for primary residential use,
1 space per employee; and
1 drop-off space for every 7 care recipients
Congregate Care Facility
Small – up to 6 Same as primary residential use;
Large – 7 or more
In addition to spaces for primary residential use,
1 space per employee; and
1 space for every 7 care recipients
Supportive Housing Supportive housing located in a single-family dwelling unit shall be subject to the parking standards for “Single-Family Dwellings.” Supportive housing located within a duplex shall be subject to the parking standards for “Two-Family Dwellings (duplex).”
Supportive housing located within a multi-family dwelling shall be subject to the parking standards for “Multi-Family Dwellings.” Transitional Housing Transitional housing located in a single-family dwelling unit shall be subject to the parking standards for “Single-Family Dwellings.” Transitional housing located within a duplex shall be subject to the parking standards for “Two-Family Dwellings (duplex).”
Transitional housing located within a multi-family dwelling shall be subject to the parking standards for “Multi-Family Dwellings.” Education, Recreation, and Public Assembly Uses
Arcades (6+ machines) 1 space per 200 sq. ft. of GFA
Assembly/Meeting Facilities
1 space for every 4 fixed seats; and
1 space for each 40-sq. ft. of additional assembly area (does not include foyers, corridors, restrooms, kitchens, storage and other areas not used for assembly of people)

3.A.10.d
Packet Pg. 446 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-100 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Bingo Game Operations (nonprofit only) 1 space per every 3 occupants per allowable occupant load as established by Fire Chief
Commercial Recreation Facilities - Indoor,
except for the following: 1 space for each 250-sq. ft. GFA Bowling Alleys 5 spaces for each alley, plus 1 for each 5 seats in any gallery Game Courts 5 spaces for each court
Skating Rinks 1 space for each 100-sq. ft. of rink area Swimming Pools 1 space for every 500-sq. ft. of enclosed pool area Commercial Recreation Facilities –
Outdoor, except for the following: Determined by Conditional Use Permit (Chapter 17.605) Driving Ranges 1 space per tee
Golf Courses 5 spaces for each hole, plus the requirements for additional uses on the site
Miniature Golf Courses 3 spaces for each hole
Swimming Pools 1 space for every 500-sq. ft. of fenced pool area Parks and Recreation Facilities (Private)
1 space for each 8,000-sq. ft. of active recreational area within a park or playground, plus 1 space per acre of passive recreational area within a park or playground
Cultural Institutions 1 space for each 350-sq. ft.

Educational Facilities
Academic – K-8 2 spaces for each classroom, plus adequate loading/unloading zone Lower minimum parking standard can be determined by parking demand study with Conditional Use Permit (Chapter 17.605) Academic – 9-12 8 spaces for each classroom, plus adequate loading/unloading zone Lower minimum parking standard can be determined by parking demand study with Conditional Use Permit (Chapter 17.605)

3.A.10.d
Packet Pg. 447 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-101 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Colleges and Universities 20 spaces for each classroom
Lower minimum parking standard can be determined by parking demand study with Conditional Use Permit (Chapter 17.605) Live Entertainment (amplified) and
Dancing
Determined by Minor Use Permit (Chapter 17.605)
Poolrooms/Billiard Halls (2 or more tables) 2 spaces per table Studios-Art, Dance, Martial Arts, Music,
etc.
1 space for every 1.5 students at maximum enrollment
Theaters, Movies, or Performing Arts
1 space for every 4 fixed seats;
1 space for each 40-sq. ft. of assembly area (does not include foyers, corridors, restrooms, kitchens, storage and other areas not used for assembly of people)
Industry, Manufacturing & Processing, Production and Warehousing Uses All uses listed under “Industry,
Manufacturing, Processing, Production
and Warehousing Uses” in use tables in
Article 2, except for the following:

Up to 50,000 sq. ft. GFA – 1 space / 500 sq. ft. GFA
50,001 to 100,000 sq. ft. GFA - 100 spaces plus 1 space / 1,000 sq. ft.

GFA for area over 50,000 sq. ft.
100,001 to 500,000 sq. ft. GFA - 150 spaces plus 1 space / 2,000 sq. ft.

GFA for area over 100,000 sq. ft.

If offices/sales space exceeds 10% of GFA, then 1 space for each 250- sq. ft. GFA of office/sales space
Contractor Base Facility (and Yard)
2 spaces per facility; and
1 space per 250 sq. ft. of office space
Cottage Businesses
1 space per employee;
1 space for 1 primary business vehicle; and
up to a maximum of 5 spaces for clients.

Recycling Scrap / Dismantling Yards 1 space for each 3,000-sq. ft. of yard area Recycling Facilities
Collection Facility – Small Determined by Minor Use Permit (Chapter 17.605) Collection Facility – Large Determined by Minor Use Permit (Chapter 17.605)

3.A.10.d
Packet Pg. 448 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-102 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Processing Facility Determined by Conditional Use Permit (Chapter 17.605) Research and Development (R&D) 1 space for each 500-sq. ft. GFA Storage, Personal 1 space for every 100 rentable storage spaces; plus 2 spaces for the resident manager and office
Warehouses, Wholesaling and Distribution
1 space for each 1,500-sq. ft. GFA [up to 500,00 sq. ft. GFA; Portion over 500,000 – 1 space for each 4,000-sq. ft. GFA; 1 space for each company truck or motor vehicle; and
If offices/sales space exceeds 10% of GFA, then 1 space for each 250- sq. ft. GFA of office/sales space
Residential Uses
Accessory Living Quarters
Guest Houses 1 covered space per unit
Accessory Dwelling Units See Section 17.430.300
Agricultural Employee Housing 1 space per unit or bed
Caretaker Housing 1 covered space per unit
Congregate Care Facility (15 or more) 1 space for each on duty employee and 1 space for each 10 beds Emergency Shelters 1 space per on duty staff person
Group Homes for Persons with
Disabilities
Group homes located in a single-family dwelling unit shall be subject to the parking standards for “Single-Family Dwellings.” Group homes located within a duplex shall be subject to the parking standards for “Two-Family Dwellings (duplex).”
Group homes located within a multi-family dwelling shall be subject to the parking standards for “Multi-Family Dwellings.”
Live-Work Units (residential portion only) See “Multi-Family Dwellings” standards for residential uses.

3.A.10.d
Packet Pg. 449 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-103 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Mixed Use Projects (Residential over
Retail/Office)
See “Multi-Family Dwellings” standards for residential uses; and Required number of spaces for nonresidential according to land use type per Table 3-5.

See Section 17.330.060(C) for projects located in the Downtown Village.

Mobile Home Parks
2 covered spaces on each mobile home site - tandem parking allowed in attached carport;
1 guest space for each 5 mobile home spaces;
Parking spaces for recreational vehicles and community buildings – Determined by Conditional Use Permit (Chapter 17.605)
Mobile Home Subdivisions 2 enclosed spaces for each parcel in the subdivision Multi-Family Dwellings (3 units or more)
Studio 1.0 spaces per unit, which shall be covered
1 Bedroom 1.25 spaces per unit, 1.0 of which shall be covered 2 Bedroom 1.5 spaces per unit, 1.25 of which shall be covered 3 or more Bedroom 2.0 spaces per unit, 1.25 of which shall be covered Guest Parking in multi-family dwelling
projects
0 - 10 units - None required
11 - 30 units - 0.25 spaces per unit
31 - 60 units - 0.2 spaces per unit
61 units and over - 0.166 spaces per unit
Organizational Houses Determined by Conditional Use Permit (Chapter 17.605) Recreational Vehicle Park
1 space per employee;
1 space for RV on each lot;
1 space on each RV lot not including parking space for RV; and 1 guest space for every 10 RV lots
Senior Residential Projects 1 covered space per unit, plus 1 guest space per 10 units

3.A.10.d
Packet Pg. 450 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-104 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Single-Family Dwellings
2 enclosed spaces
See Section 17.425.020 (Residential Development Design Guidelines) for garage design and layout.

Single-Room Occupancy Units Determined by Conditional Use Permit (Chapter 17.605) Two-Family Dwellings (duplex) 2 spaces per unit, one of which must be enclosed.

Retail Trade Uses
All “Retail Trade” and general retail uses
listed in use tables in Article 2, except for
the following:
1 space for each 300-sq. ft. GFA, and
1 space for each 350-sq. ft. of outdoor sales area.

Adult-Oriented Businesses
1 space for every 2 occupants per allowable occupant load as established by Fire Chief; and
1 space for each employee or independent contractor on the maximum shift
Building/Landscape Materials Sales
1 space for every 500-sq. ft. GFA; and
1 space for each 2,500-sq. ft. of outdoor display area
Farm Supply and Feed Store 1 space for every 600-sq. ft. GFA Farmers Market Determined by Minor Use Permit (Chapter 17.605) Grocery (Convenience Market, Grocery
Stores)
1 space for every 225-sq. ft. GFA
Not part of shopping center 25,000 sq. ft or larger
Liquor Stores 1 space for every 225-sq. ft. GFA
Outdoor Display and Sales 1 space for each 2,500-sq. ft. of outdoor display area Plant Nurseries 1 space for every 500-sq. ft. GFA and 1 space for each 2,500-sq. ft. of outdoor display area

3.A.10.d
Packet Pg. 451 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-105 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Restaurants (with or without drive thru)
See Section 17.430.170 – Drive Through
Facilities for additional standards.

Up to 2,000 sq. ft. = 1 space for each 200-sq. ft. GFA
Over 2,000 sq. ft. = 1 space for each additional 60 sq. ft. GFA; and Outdoor Dining. No additional parking required if outdoor dining area comprises no more than 15 percent of the interior gross floor area of the primary food service use; If outdoor dining area is over 15%, 1 space for every 50-sq. ft. or 1 space for every 3 seats, whichever is greater.

Service Uses – Business and Professional
All uses listed under “Service Uses –
Business and Professional” in use tables in
Article 2, except for the following
1 space per 250 square feet GFA
ATM’s
See Section 17.430.170 – Drive Through
Facilities for additional standards.
1 space for each exterior ATM
Banks and Financial Services
See Section 17.430.170 – Drive Through
Facilities for additional standards.
1 space for every 200-sq. ft. GFA
Medical Services
Clinic, Laboratory, Urgent Care 1 space for every 200-sq. ft. GFA Hospitals

1.5 spaces for each bed, and
1 space for every hospital vehicle
Offices 1 space for each 200-sq. ft. GFA
Offices - Government
1 space for every 200-sq. ft. GFA; and
1 space per government-owned vehicle

3.A.10.d
Packet Pg. 452 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-106 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Service Uses – General
All uses listed under “Service Uses -
General” in use tables in Article 2, except
for the following
1st 50,000 sq. ft. – 1 space per each 250-sq. ft. GFA
Over 50,000 sq. ft. – 1 space per each 500-sq. ft. GFA
Animal Services (All)
1 space per each 500-sq. ft. GFA; and
1 space per each 800-sq. ft. of boarding / training area Bars, Lounges, and Nightclubs
1 space for every 35-sq. ft. GFA where the public is served; and # of spaces required for food service uses, if applicable Equipment Rental
Indoor Only
With Outdoor Storage
2 spaces per 1,000 sq. ft. GFA; and
1 space per 2,500 outdoor display area
Health and Fitness Facilities 1 space for each 300-sq. ft. GFA Lodging
Bed and Breakfast Inn 1 space for each guest room; and
1 space per on duty employee
Hotels and Motels

1.1 spaces for each guest room; and
75% of the spaces required for accessory uses (e.g., banquet rooms, meeting rooms, restaurants, etc.), if any
Mortuary, Funeral Home
1 space for each 4 fixed seats; and
1 space for each 40-sq. ft. of remaining area; and
1 enclosed space for each vehicle owned by the establishment.

All Personal Service uses, except for the
following: 1 space for each 250-sq. ft. GFA
Laundromats 1 space for every 3 machines
Personal Storage Facility (Self Storage) 1 space for every 100 rentable storage spaces; plus 2 spaces for the resident manager and office

3.A.10.d
Packet Pg. 453 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-107 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Transportation, Communication, and Infrastructure Uses
Broadcasting Studio 1 space per 200 sq. ft. indoor space Transportation Service Dispatch Facilities
1 space per 250 sq. ft.; and
1 space per each service vehicle
Truck and Freight Terminals 1 space per 250 sq. ft. indoor space Utility Facilities None
Utility Infrastructure None
Wireless Telecommunication Facilities Determined by Conditional Use Permit (Chapter 17.605) Vehicle Rentals, Sales, and Services
Mobile Home, Boat, or RV Sales 1 space for each 500-sq. ft. GFA to be clearly delineated as public parking, and as required below for Vehicle Services
Vehicle Parts and Supply Sales
1 space for each 200-sq. ft. GFA, and
1 space for each 300-sq. ft. of outdoor sales area
Vehicle Rentals
Office only
General
1 space for each 200-sq. ft. of GFA
1 storage space for each vehicle stored on lot
Vehicle Sales 1 space for each 500-sq. ft. GFA to be clearly delineated as public parking, and as required below for Vehicle Services
Vehicle Services
Car Washing, Self-Service 2 stacking spaces and 2 drying spaces per each washing stall Car Washing, Automated Stacking area for each automatic car wash lane - 4 times the capacity of the automatic car wash lane
Car Washing, Full Service 1 parking space per each employee of the largest shift; Stacking for 4 vehicles for each automatic car wash lane, and 3 spaces per lane for manual drying
Minor Maintenance 4 spaces for each service bay;

3.A.10.d
Packet Pg. 454 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-108 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Major Repair/Body Work 4 spaces for each service bay;
Service Station / Gas Station 4 spaces for each service bay; and 1 space per 250 GFA of retail store
Vehicle Storage and Towing and
Storage
4 spaces minimum; and
1 space for each 300-sq. ft. GFA in excess of 4,000 sq. ft.

Other Uses
Temporary Uses Determined by Temporary Use Permit (Chapter 17.640) Cemeteries Determined by Conditional Use Permit

17.330.060 — Adjustments to Parking Requirements
A. Temporary reduction. The Director may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or intermittent use for a period of not more than 30 days. Longer periods may be allowed with the approval of a Temporary Use Permit (Chapter 17.640).

B. Shared parking. Shared parking is allowed between two or more uses to satisfy all or a portion of the minimum off-street parking requirement. Shared parking is permitted between different categories of uses or uses with different hours of operation. The shared parking shall be calculated based on the minimum parking requirements and any reductions for the use permitted in this Code.

1. Agreement. An agreement providing for the shared use of parking, executed by the parties involved, shall be filed with the Director. Shared parking privileges shall continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, parking shall be provided as otherwise required by this Chapter. This agreement shall be in the form of a covenant running with the land and shall be recorded with the County Recorder, and a recorded copy shall be filed with the Department.

2. Location. A use for which an application is being made for shared parking shall be located within 800 feet of the parking facility.

3.A.10.d
Packet Pg. 455 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-109

3. Calculation of parking requirements for shared parking with different categories of use. Business establishments constituting different categories of use may share parking as follows:
a. If an office use and a general retail and/or general service use share parking, the parking requirement for the retail use and/or service use may be reduced by 20 percent, provided that the reduction does not exceed the minimum requirement for the office use.
b. If a residential use shares parking with a general retail and general service use other than lodging uses, eating and drinking establishments, or entertainment uses, the parking requirement for the residential use may be reduced by 30 percent, provided that the reduction does not exceed the minimum parking requirement for the general retail and/or general service use.
c. If an office and residential use share off-street parking, the parking requirement for the residential use may be reduced by 50 percent, provided that the reduction shall not exceed the minimum parking requirement for the office use.

4. Calculation of parking requirements for shared parking with different hours of operation.
a. For the purposes of this section, the following uses shall be considered daytime uses, operating anytime between the hours of 8:01 a.m. and 5:59 p.m., Monday through Friday only:

1. Professional, Business and Administrative, and Government Office uses;

2. Personal services;

3. Banks and Financial Services uses;

3. Wholesale, storage, and distribution uses;

4. Manufacturing uses; and

5. Other similar primary daytime uses, as determined by the Director.
b. For the purposes of this section, the following uses shall be considered nighttime uses, operating anytime between the hours of 6:00 p.m. and 8:00 a.m., or Saturday and Sunday uses:

3.A.10.d
Packet Pg. 456 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-110 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

1. Cultural institutions uses;

2. Live entertainment uses;

3. Theaters, movies or performing arts uses;

3. Bars, lounges and nightclubs uses;

4. Assembly/meeting facilities uses; and

5. Other similar primary nighttime or Saturday and Sunday uses, as determined by the Director.
c. The Director may authorize upon application the use of up to 90 percent of the required off-street parking for a daytime use to serve as the required off-street parking provided for a nighttime or Saturday and Sunday use and vice versa. The applicant shall demonstrate that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed.

C. Downtown Village Zone.

1. Non-residential uses. Non-Residential uses within the Downtown Village Zoning District shall be exempt from the minimum parking standards outlines in Section 17.330.050 — Number of Parking Spaces Required.

2. Residential uses. Residential Uses within the Downtown Village Zoning shall provide ½ of the minimum parking requirements of Section 17.330.050 – Number of Parking Spaces Required.

3. Parking design requirements. Parking that is provided shall comply with the minimum design requirements of this Chapter.

E. Reduced parking – Use Specific. The Director may reduce the number of parking spaces required by Sections 17.330.050 (Number of Parking Spaces Required) through approval of a Minor Use Permit in compliance with Chapter 17.605 (Minor Use Permit) subject to the following additional findings:

1. Findings.
a. That the use has unique or special operational conditions that do not warrant or necessitate the number of parking spaces required by Section

17.330.050 (Number of Parking Spaces Required);
b. That the use will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to

3.A.10.d
Packet Pg. 457 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-111 accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; c. That the use will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and
d. That the use will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use.2.

Change or cessation of use. A Minor Use Permit for a reduction in parking shall become null and void when the use for which the Minor Use Permit is ceased or changed in operations in such a way that the findings in subsection 1 above no longer apply.

F. Reduced parking – Large Projects. The Approval Authority may approve a reduction in the number of parking spaces required for Large Projects as provided below:

17.330.070 — Disabled/Handicapped Parking Requirements
A. Accessibility requirements. Parking facilities and spaces shall be designed, located, constructed, and maintained to provide access for the physically disabled from public rights-of-way, across intervening parking spaces, and into structures. Standards for the facilities shall be based on the standards of the American Standards Association and other applicable guidelines.

B. Number, location of, and access to spaces required. Parking spaces for the disabled shall be provided in compliance with the California Building Code, the Federal Table 3-6
Parking Reductions for Large Projects
Scope of Development Maximum Parking Reduction
Multi-Family Residential Projects
of 100 units or more
20% of the total number of required parking spaces
including up to 5% of the required number of Covered
and Enclosed Parking Spaces
Shopping centers with 50,000 sq.
ft. to 99,999 sq. ft. of leasable floor
area
10% of the total number of required parking spaces
Shopping centers with 100,000 sq.
ft. to 199,999 sq. ft. of leasable
floor area
20% of the total number of required parking spaces
Shopping centers with more than
200,000 sq. ft. of leasable floor
area
25% of the total number of required parking spaces

3.A.10.d
Packet Pg. 458 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-112 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Accessibility Guidelines, the California Code of Regulations (Title 24, Part 2, Chapter 2- 71), and with the sign requirements of the California Vehicle Code, Section 22507.8, as applicable. Parking spaces required for the disabled shall count toward compliance with the number of off-street parking spaces required by Section 17.330.050 (Number of Parking Spaces Required).

17.330.080 — Parking Design and Development Standards
Required off-street parking areas shall be designed, constructed, and maintained in compliance with this Section. In the event practical difficulties and hardships result from the strict enforcement of the standards due to existing permanent structures, or an irregular shaped parcel, the Director may approve a Minor Variance for standards, not to exceed 10 percent in compliance with Chapter 17.650 (Variances and Minor Variances).

A. Site Plan. In addition to the filing requirements in Section 17.630.040 (Application Filing, Processing, and Review), the site plan of a proposed project shall include a scaled drawing of the parking lot layout and shall indicate the following, when applicable:

1. Number of students at ultimate enrollment.

2. Number of beds.

3. Number of repair bays.

4. Number of classrooms.

5. Number of fixed seats.

6. Number of Employees

7. Total floor areas in each structure within a project.

8. Total area of proposed outdoor uses.

B. Location.

1. Residential uses. Parking required to serve a residential use shall be located on the same parcel as each residential unit served. Shared driveways (i.e., driveways that provide access to several residences from a single egress point off of a local street) are encouraged.

2. Nonresidential uses.
a. Parking required to serve a nonresidential use may be located on the same or a different site under the same or different ownership as the use served; provided that the parking shall be located within the maximum

3.A.10.d
Packet Pg. 459 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-113 distances of the uses served as shown in Table 3-7 (Maximum Distances for Off-Site Parking for Nonresidential uses). Where a distance is specified, the distance shall be measured from the nearest point of the parking facility to the nearest point of the structure or use served by the parking.

3. Bicycle spaces. See Section 17.330.110 (Bicycle Parking Standards) for size and location requirements for bicycle spaces.

C. Curbs and parking improvements.

1. Six-inch Portland-Concrete cement curb and gutters shall be installed, except that six-inch Portland-Concrete cement vertical curbs may be installed in-lieu of curb and gutters if no drainage is carried along curb line. Where a six-inch PortlandConcrete cement vertical curb is used, a two-foot-wide concrete gutter section shall be installed along the drainage line.

2. Curbs shall be installed at a minimum of five feet from the faces of walls, fences, or other structures. This requirement shall not apply to driveways that are not a part of the maneuvering area for parking.

3. Curb radius shall be three-foot minimum.

4. Parking lots may be surfaced with Portland-Cement Concrete with a minimum four-inch thickness over native soil compact to 95 percent compaction or asphalt concrete with minimum 2½ inch thickness over four inches of Class III aggregate base compacted to 95 percent relative compaction, or pervious concrete or other alternatives may be approved by the Director and City Engineer.

5. Six-inch high concrete curbs with gaps for allowing drainage run-off into landscaped areas shall be installed to serve as wheel stops for motor vehicles, edging or planting areas, and protection for walls at entrances and exits, located no closer than five feet from any structure, hedge, fence, or wall.

Table 3-7
Maximum Distances For Off-Site Parking For Nonresidential Uses Uses Maximum Distance Allowed
Convalescent homes 150 feet
Organizational Houses 150 feet
Hospitals
150 feet
More than 150 feet if approved by Conditional Use Permit and if automatic gate or similar access control feature is installed All other nonresidential uses 400 feet
600 feet for car sharing spaces

3.A.10.d
Packet Pg. 460 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-114 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Drainage. Parking areas shall be designed in compliance with the storm water quality and quantity standards in Chapter 17.520.050 (Water Quality).

E. Striping and identification. Parking stalls shall be clearly delineated with a four-to-sixinch stripe - "hairpin" or elongated "U" design - or other approved striping or stall delineation.

F. Lighting.

1. Off-street parking for multi-family residential uses shall provide night lighting throughout the required parking area(s).

2. Nonresidential uses shall provide night lighting throughout required parking areas at all hours of customer and employee use.

3. Entries to parking areas for all multi-family residential uses and nonresidential uses shall provide safety lighting as approved by the Director.

4. Lighting shall be indirect, hooded, and arranged to reflect lighting away from adjoining properties and streets in compliance with Section 17.300.080 (Outdoor Light and Glare).

5. Light standards shall be a maximum of 25 feet in height overall, as measured from the usable parking or driving surface.

6. Up-lighting in landscaping, low level walk lights, and lighting diffused off of wall surfaces is encouraged.

7. Illumination of parking lots and adjacent pedestrian areas shall be required to provide a minimum of one foot-candle for all parking and pedestrian areas, and shall not exceed one-half foot-candle along lot lines of a project.

8. In consideration of the City’s proximity to Palomar Observatory, the installation of low pressure sodium vapor or LED is encouraged.

G. Access. Off-street parking shall be accessible as follows:

1. Controlled access to off-street parking areas. Off-street parking areas designed to control public access [i.e., gate] shall require approval from the Fire and Police Departments and the City Engineer. Ingress and egress design should facilitate proper vehicle maneuvering and "stacking" space to avoid internal and external traffic conflict. Suitable drop-off and pick-up areas are encouraged.

2. Local and collector streets in residential zones. Along local and collector streets in residential zones, single-family and two-family uses may use the street for

3.A.10.d
Packet Pg. 461 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-115 maneuvering (i.e., driveway design may allow for backing out of a driveway to gain access to a public right-of-way).

3. Secondary highways. Single-family or two-family uses taking access from secondary highways, parcels with three or more dwelling units, and nonresidential uses shall provide suitable on-site maneuvering (i.e., driveway design shall not allow for backing out of a driveway to gain access to a public right-of-way).

4. Access to adjacent sites. Applicants for nonresidential developments are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety, and efficient circulation. A joint access agreement between the owners of the abutting properties that guarantees the continued availability of the shared access between the properties shall be recorded with the County Recorder and shall run with the land. The Director shall approve the form and substance of the agreement.

H. Circulation.

1. Driveway widths. Driveway widths shall be a minimum width of 25 feet. The distance from a wall to the closest curb at driveway entrances shall be a minimum of two feet. The Director may require a wider driveway to accommodate needs.

2. Driveway location. No driveway opening shall be installed closer than five feet to any side or rear lot line. The City Engineer shall approve all driveway and curb cut locations on public roads.

3. On-site turnaround required. Parking arranged in a manner that requires the backing of motor vehicles onto a major or secondary highway is prohibited in all zones.

4. Parking lot layout. Parking stalls, driveways, and landscape planters shall be arranged so that a free flow of vehicular traffic and adequate site clearances are allowed at all times. City standards and specifications relating to curve radii and similar maneuvering requirements shall apply.

5. Pedestrian movement.
a. To the maximum extent feasible, a site plan for proposed development shall separate movement of pedestrians from movement of motor vehicles and bicycles. At least one pedestrian route shall be provided that is uninterrupted by surface parking and driveways. Concrete walks with a minimum width of two feet shall be installed adjacent to end parking spaces.

3.A.10.d
Packet Pg. 462 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-116 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 b. Where complete separation of movement of pedestrians from movement of motor vehicles and bicycles is not possible, the site plan shall minimize potential hazards by using special paving, grade separations, pavement marking, directional signs, striping, bollards, median refuge areas, traffic calming features, landscaping, lighting, or other means to clearly delineate pedestrian areas for both day and night use. The material and layout of any walkway shall be continuous as the pedestrian access crosses the driveway or aisle, with a break in continuity of the driveway or aisle paving and not in the pedestrian access way.
c. Where pedestrians and bicyclists share walkways, the pedestrian/bicycle system shall be designed to be wide enough to accommodate anticipated pedestrian and bicycle traffic volumes. The review authority shall be guided by the standards applicable to bicycle facilities (e.g., design of bicycle parking areas, directional pavement markings, signage, etc.) in the State Manual of Uniform Traffic Control Devices (MUTCD).] d. Curb cuts and ramps shall be located at convenient, safe locations for the physically disabled, bicyclists, and people pushing strollers or carts. The location and design of curb cuts and ramps shall meet the requirements of the California Building Code and ramp standards associated with the Americans with Disabilities Act, and shall avoid crossing or directing traffic through loading areas, drive-in/drive-through lanes, and solid waste storage and collection areas.
e. Concrete walks with a minimum width of two feet shall be installed adjacent to end parking spaces, unless end spaces are at least 11 feet wide.

I. Parking space and lot dimensions.

1. Each parking space, drive aisle, and other parking lot feature shall comply with the minimum dimension requirements in Tables 3-7 and 3-8, below, and as illustrated in Figure 3-17 (Parking Area Layout).

3.A.10.d
Packet Pg. 463 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-117 Table 3-8
Parking Space Dimensions
Type of Space Minimum Dimensions (1) Notes
Residential (1)
Carports 9 ft. wide by 20 ft. deep by 7 ft. high (1)
1-Car Garage 10 ft. wide by 20 ft. deep (1)
2-Car Garage 20 ft. wide by 20 ft. deep (1)
3-Car Garage 30 ft. wide by 20 ft. deep (1) (3)
Parking Structure 9 ft. wide by 19 ft. deep (1)
Tandem Space 10 ft. wide by 20 ft. deep (1) (3)
Non-Residential Uses
Uncovered Space
9 ft. wide* by 19 ft. deep
*10 ft. wide for 1st parking space located
closest to street for an angle parking layout
Parking Structure 9 ft. wide by 19 ft. deep (1) (2)
Parallel Space 8 ft. wide by 22 ft. long*
*20 ft. long if end space
Handicap Space See the California Building Code
Bicycle Space See Section 17.330.110 (Bicycle Parking)
Notes:
(1) No affixed obstructions (e.g., water heaters, washers and dryers, sinks, furnaces/air conditioning units, etc.) shall intrude on required parking space areas. The measurements shall be from the face of interior walls, not including structure supports.
(2) Maximum “garage face” of 50 % of total front façade. (3) In approved mobile home parks.

Table 3-9
Parking Area Dimensions
Angle (degrees) Stall Width (1) Stall Depth (2)
Aisle Width (3)
One-Way Two-Way
Parallel 8 ft. N/A 14 ft. 25 ft.
45 9 ft. 19 ft. 18 ft. N/A
60 9 ft. 19 ft. 20 ft. N/A
90 9 ft. 19 ft. 25 ft. 25 ft.

Notes:
(1) Structural elements shall not encroach into the required stall, with the exception of a one-foot square area at the front corners.
(2) A maximum of two feet of the parking stall depth may be landscaped with low-growing, hearty materials in lieu of paving or an adjacent walkway may be increased, allowing a two-foot bumper overhang while maintaining the required parking dimensions.
(3) A minimum aisle width of 42 inches shall be provided between rows of bicycle spaces.

3.A.10.d
Packet Pg. 464 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330

OFF-STREET PARKING AND LOADING STANDARDS
3-118DECEMBER 2012SAN JACINTO DEVELOPMENT CODE,TITLE 17 Figure 3-17
Parking Area Layout

3.A.10.d
Packet Pg. 465 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-119

17.330.090 — Landscaping Standards for Parking Areas
Landscaping shall be incorporated into the design of all off-street parking areas in compliance with this Section and Chapter 17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)
A. Minimum required area. All parking areas shall contain a minimum landscape area equivalent to five percent of the total parking area.

B. Distribution. Landscaping shall be distributed evenly throughout the parking area. The Director may approve the limited grouping of trees in order to achieve a desired theme or character of design.

C. Landscape plan. A landscape plan that complies with all requirements in the City’s Landscape Design Guidelines and Chapter 17.325 – Water Efficient Landscape and Irrigation shall be submitted to the Department for review. (ord. 16-01, adopted April 5, 2016)
D. Landscape maintenance. Planting areas shall be well-maintained in compliance with Subsection 17.330.030.C (General Parking Provisions - Maintenance) and 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016) E. Screening of parking areas in Downtown Village. For off-street parking areas in the Downtown Village Zone the sides of the parking areas that are adjacent to or abutting:

1. A public right-of-way shall be screened from view from the public right-of-way by decorative fences and walls between three feet and four feet in height; or

2. Any parcel shall be screened along the interior side lot lines and rear lot lines by a six-foot high fence or wall, unless a joint access agreement has been entered into in compliance with Section 17.330.060 (Adjustments to Parking Requirements).

F. IL and IH zones adjacent to agricultural or residential zones. Where an IL or IH zone abuts, or is adjacent to any residential or agricultural zone, a 15-foot wide strip that directly abuts any lot line shall be landscaped and continuously maintained. The next 35 feet (i.e., the strip from the interior edge of the 15-foot wide strip to the front setback line) may be used either for parking or landscaping but shall not be used for loading.

G. Perimeter parking lot landscaping – Adjacent to streets and residential zones.

1. Where the front, side, or rear of a parking area is located adjacent to a street, a landscaped border of not less than 10 feet in depth shall be installed adjacent to the property line.

3.A.10.d
Packet Pg. 466 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-120 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17

2. Any parking area adjacent to a residential zone shall have a decorative solid masonry wall or landscaped berm that is a minimum of four (4) feet in height.

Any remaining area between the landscape border and the paved parking area shall also be landscaped. The wall or berm shall be reduced to 30 inches in overall height within any traffic safety visibility area in compliance with Section

17.305.150 (Traffic Visibility Area).

H. Perimeter parking lot landscaping - Abutting residential zones. Where the side or rear of a parking area located within a nonresidential zone directly abuts a residential zone, a decorative solid masonry wall six (6) feet in height shall be installed on the boundary line. The wall shall be reduced to a maximum four(4) feet in height within the front or side setback areas consistent with the requirements in Section 17.315.020 (Location, Height, and Type Standards), and a landscape border not less than five (5) feet in width shall be installed on the nonresidential zone side between the wall and the paved parking area.

I. Perimeter parking lot landscaping – Abutting nonresidential zones. Where parking abuts a nonresidential zone, the adjacent property shall be protected from vehicles by landscaping, curbing, or wheel stops, unless a joint access agreement is in place in compliance with Subsection 17.330.080.G.4 (Access to adjacent sites).

J. Islands and landscape planters. Islands at the end of parking aisles shall be a minimum of eight (8) feet in width. Landscape planters between parking islands shall be consistent with the City’s Landscape Design Guidelines and shall be a minimum four (4)-foot square). One landscape planter shall be required for every six (6) parking spaces. See Figure 3-18 (Interior Parking Lot Landscaping).

Figure 3-18
Interior Parking Lot Landscaping
K. Loading/unloading areas – Abutting residential zones. Where loading/unloading, docks abut a residential zone, a 25-foot wide planting buffer area shall be provided, which shall be consistent with the City’s Landscape Design Guidelines.

3.A.10.d
Packet Pg. 467 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-121

17.330.100 — Paving Limitations for Driveways for Single-Family Dwellings A. Parking location in the front and side yard areas. Parking and maneuvering in front yard areas of single-family residential uses for all vehicles, except recreational vehicles that are regulated by Section 17.330.040 (Limitations on Parking / Storage of Vehicles), shall be limited to the space within a carport or garage plus a paved driveway between such garage or carport and the street from which it is served, not exceeding the width of the garage. In addition, the following front and side yard areas may also be paved for the parking and maneuvering of vehicles.

1. House with attached garage: The space between the driveway serving the garage and the nearest side property line, with such paving permitted to extend as far as the rear of the residential structure, such space not to exceed twenty feet in width beyond the driveway serving the garage. (See Figure 3-19 - House with Attached Garage).

Figure 3-19
House with attached garage

2. House with detached garage, served by adjacent street: The space between the driveway and the nearest side property line, extending as far as the rear of the garage, such space not to exceed 20 feet in width beyond the driveway serving the garage. (See Figure 3-20 - House with Detached Garage).

3.A.10.d
Packet Pg. 468 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-122 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Figure 3-20
House with Detached Garage

3. House with detached garage served from an alley: A space, not exceeding 20 feet in width, adjacent to a side property line. Such paved space may extend no further than the space between the street and the rear of the house. Installation of such a driveway is subject to approval of a driveway curb cut by the Public Works Department. (See Figure 3-21 - House with Detached Garage Served by Alley).

3.A.10.d
Packet Pg. 469 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-123 Figure 3-21
House with Detached Garage Served from an Alley
B. Driveways. In compliance with Section 17.305.090 (Paving Within Residential Front Yard Area), paving for driveways in residential zones shall not exceed 35 percent of the required total front yard area. See Figure 3-3 (Limits on Paving and Hardscaping for Residential Front Yards). The Director may approve deviations from this standard for parcels of 50 feet or less in width.

C. Zoning Clearance. New driveway paving shall require a Zoning Clearance issued in compliance with Chapter 17.655 (Zoning Clearances). (Ord. 21-02, Adopted April 20, 2021)

17.330.110 — Bicycle Parking
Each multi-family residential project of five (5) or more units and each nonresidential land use shall provide bicycle parking facilities, including bicycle racks, lockers, and other secure facilities, in compliance with this Section.

A. Number of spaces required.

1. Multi-family project. A multi-family project of five (5) or more units shall provide bicycle parking facilities equal to a minimum of 10 percent of the

3.A.10.d
Packet Pg. 470 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-124 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 required motor vehicle spaces, unless separate secured garage space is provided for each unit. The bicycle facilities shall be distributed throughout the project.

2. Nonresidential project. A nonresidential project (e.g., retail, office, etc.) shall provide bicycle parking facilities equal to a minimum of 10 percent of the required motor vehicle spaces, distributed to serve customers and employees of the project.

B. Types of bicycle parking facilities. Bicycle parking facilities may consist of any of the following:

1. Parking racks. Bicycle parking racks shall be designed to allow the bicycle to be securely locked in an upright position. The parking rack shall be of permanent construction (e.g., heavy gauge tubular steel) with angle bars permanently attached to the pavement. The design shall be approved by the Director.

2. Lockers. Bicycle storage lockers should be located close to building entrances, or on the first level of a parking garage and within range of security surveillance, and away from sidewalks and areas with high pedestrian traffic. Each bicycle storage locker shall be:
a. Large enough to accommodate the user’s bicycle and associated items. b. Fully enclosed and weather-tight.
c. Made of durable materials that resist theft and vandalism. d. Accessible only to user and owner by a controlled access system that may use keys, swipe card (key fob) or an electronic key pad located on a locker door.
e. Installed on a level surface with clearance for locker doors. f. Securely attached to the ground or floor by bolting them to a hard surface or fixing them in concrete with fasteners that cannot be removed by standard tools. Concrete is the preferred surface for maximum security although other surfaces may also be appropriate.

3. Site design standards and strategies.
a. Aisles. Access aisles to bicycle parking facilities shall be at least five (5) feet in width.
b. Accessibility. Where possible, a site plan that includes stairways shall also include an alternative, level access route for bicycles. If it is not

3.A.10.d
Packet Pg. 471 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-125 possible to provide an alternative access, a ramp or a small channel for bicycle wheels on the edge of a stairway shall be provided. c. Space dimensions. Each bicycle space shall be a minimum of two (2) feet in width and six (6) feet in length and have a minimum of seven (7) feet of overhead clearance, with additional back-out or maneuvering space of at least five feet.
d. Location. Bicycle spaces shall be located within 50 feet of building entrances and shall be highly visible from the uses they serve. They shall not be located to interfere with pedestrian or motor vehicle traffic flow or to cause damage to plant material from bicycle traffic. e. Relationship to motor vehicle parking. Bicycle spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, or curb, or by at least five (5) feet of open area, marked to prohibit motor vehicle parking.

4. Surface. A hard-surfaced parking area shall be provided.

5. Signs. Where bicycle parking areas are not clearly visible to approaching cyclists, signs shall be provided to indicate the location of the facilities.

6. Maintenance. Damage to bicycle racks and lockers shall be repaired in a timely fashion and any derelict or abandoned bikes shall be removed so as not to prevent or discourage continued use of the racks and lockers.

17.330.120 — Off-Street Loading Design and Development Standards A. Number of loading spaces required. Nonresidential uses with less than 10,000 square feet of gross floor area shall provide one (1) off-street loading space, which may be combined with an off-street parking space. Nonresidential uses with 10,000 square feet of gross floor area or more shall provide off-street loading space(s) in compliance with Table 3-10, below. Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.

3.A.10.d
Packet Pg. 472 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-126 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-10
Required Loading Spaces
Type of Land Use Total Gross Floor Area Loading Spaces Required Manufacturing, research and
development, institutional, and
service uses
10,000 – 30,000 sq. ft. One
30,001 sq. ft. or more
One for each additional 20,000
sq. ft., or as otherwise required
by Director.

Office uses
30,000 to 60,000 sq. ft. One
60,001 + sq. ft.

One for each additional 30,000
sq. ft., or as otherwise required
by Director.

Commercial and other allowed
uses
10,000 to 20,000 sq. ft. One
20,001 + sq. ft.

One for each additional 20,000
sq. ft., or as otherwise required
by Director.

B. Design and development standards for off-street loading areas.

1. Dimensions. Loading spaces shall be at least 10 feet in width, 25 feet in length, with 14 feet of vertical clearance.

2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting sources shall be shielded to prevent light spill beyond the property line. Lighting standards shall be energyefficient and in scale with the height and use of adjacent structure(s) in compliance with Section 17.300.080 (Outdoor Light and Glare).

3. Location. Loading spaces shall be located and designed as follows:
a. As near as possible to the primary structure and limited to the rear onethird of the parcel, if feasible; b. Situated to ensure that the loading facility is not visible from adjacent public rights-of-way or is properly screened from view; c. Situated to ensure that all loading and unloading takes place on-premises and in no case within an adjacent public right-of-way or other traffic circulation areas on-premises;
d. Situated to ensure that all vehicular maneuvers occur on-premises; and e. Situated to avoid adverse impacts upon neighboring residential properties.

3.A.10.d
Packet Pg. 473 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-127

4. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.

5. Dock-high loading areas.
a. Dock-high loading areas shall not face public rights-of-way unless adequately screened from view. Screening shall consist of a solid decorative masonry wall. The height of the screening shall be determined by a line-of-sight study that illustrates where the top of the wall will intercept a line-of-sight drawn from the eye level of the occupant of a passing motor vehicle, adjudged to be five feet above the ground level, located in the farthermost travel lane of the adjacent public right-of-way to the top of the loading door opening. See Figure 3-19 (Line of Sight Study).

Figure 3-19
Line of Sight Study
b. A minimum 120-foot deep maneuvering area shall be provided in front of each dock-high loading door.
c. Dock-high loading doors shall be closed when not in use. d. Dock-high doors that face sensitive receptors (e.g., residential uses, hospitals, schools, etc.) shall be fitted with a rubber boot or similar soundmuffling material.

3.A.10.d
Packet Pg. 474 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.335 SIGN REGULATIONS
3-128 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.335 — Sign Regulations
Sections:

17.335.010 — Purpose

17.335.020 — Applicability

17.335.030 — General Provisions

17.335.040 — Definitions

17.335.050 — Prohibited Signs

17.335.060 — Standards for All Types of Signs

17.335.070 — Standards for Permanent Signs

17.335.080 — Standards for Specific Types of Permanent Signs

17.335.090 — Standards for Signs for Specific Uses

17.335.100 — Standards for Temporary Signs

17.335.110 — Guidelines for Signs in Downtown Area

17.335.120 — Procedures for Sign Permits, Exemptions, and Revocations

17.335.130 — Comprehensive Sign Program

17.335.140 — Maintenance

17.335.150 — Enforcement

17.335.160 — Nonconforming Signs

17.335.170 — Abandoned Signs

17.335.180 — Illegal Signs

17.335.010 — Purpose
Because of the need to protect and enhance the City’s unique character, to protect public safety and property values, and to promote economic development and tourism through enhanced aesthetic appeal, the Council finds that proper sign control is an important governmental interest. Therefore, the intent of the standards in this Chapter is as follows:

A. Provide each sign user an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs by appropriately regulating the time, place, and manner under which signs may be displayed.

B. Preserve and enhance the community’s appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs.

C. Encourage well-designed signs that attract and invite rather than demand the public’s attention.

D. Encourage the design of signs that are complementary to the structures and uses to which they relate and that are harmonious with their surroundings.

3.A.10.d
Packet Pg. 475 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-129 E. Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a content-neutral approach to sign regulation.

F. Enhance the safety of motorists and pedestrians by minimizing the distraction of intrusive signs, as well as to protect the life, health, property, and general welfare of City residents and visitors.

G. Provide a review process for signs to ensure compliance with the requirements of this Chapter.

17.335.020 — Applicability
A. Regulatory Scope. This Chapter regulates signs, as defined in this Chapter, that are placed on private property or on property owned by public agencies other than the City and over which the City has zoning authority.

B. Applicability. The regulations in this Chapter shall apply to all signs in all zones that come within the regulatory scope as defined in Subsection A, above, unless specifically exempted. Sign Permits shall be required in compliance with Section 17.335.120 (Procedures for Sign Permits, Exemptions, and Revocations). In addition, the provisions of Municipal Code Title 15 (Buildings and Construction) relating to building and electrical codes, fees, penalties, and a method of enforcement shall also apply.

Applications for Sign Permits that comply with all of the applicable requirements of this Chapter, and other applicable laws, shall be granted. Signs approved in conjunction with any other application shall be consistent with this Chapter, unless modified by a discretionary permit. Where approval of a Conditional Use Permit, Minor Use Permit, Minor Variance, Site Plan and Design Review, or Variance has been obtained, any applicable conditions of that approval shall supersede the requirements of this Chapter.

C. Sign Permit Required. A Sign Permit shall be required for all signs, including change of copy allowed under the provisions of this Chapter. Only signs that comply with all of the applicable provisions of this Chapter shall be granted. Content of a noncommercial message shall not be considered when any required Sign Permit application is reviewed.

Content of a commercial message shall be considered only to the extent required to determine whether the sign is an on-site sign. Refer to Section 17.335.120 (Procedures for Sign Permits, Exemptions, and Revocations).

D. Nonconforming signs. An existing legally allowed sign that does not conform to the requirements of this Chapter shall be deemed a nonconforming sign and shall be subject to the requirements of Section 17.335.160 (Nonconforming Signs).

E. Planned developments. Sign regulations contained in an approved Planned Development Permit shall not be less restrictive than the regulations in this Chapter. If the Planned Development Permit does not provide regulations for a particular sign type or situation, the requirements of this Chapter shall prevail.

3.A.10.d
Packet Pg. 476 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.335 SIGN REGULATIONS
3-130 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 F. Specific plans. Sign regulations contained in an adopted specific plan document shall not be less restrictive than the regulations in this Chapter. If the adopted specific plan does not provide regulations for a particular sign type or situation, the requirements of this Chapter shall prevail.

17.335.030 — General Provisions
The policies, rules, and regulations stated in this Section apply to all signs subject to compliance with this Chapter.

A. Content neutral regulation. It is the City’s policy to regulate signs in a constitutional manner that is content neutral with respect to both noncommercial and commercial messages. For the purposes of this Chapter, a content-neutral regulation is a so-called “time, place, or manner” regulation, which, as the name suggests, does no more than place limits on when, where, and how a message may be displayed or conveyed.

B. Regulatory interpretations. Interpretations of the requirements of this Chapter shall be exercised in light of the City’s content neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a “structure” as defined in the California Building Code, then the Director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.

C. Substitution of messages. Signs authorized by this Chapter are allowed to carry noncommercial messages in lieu of any other commercial or noncommercial messages.

Substitution of messages may be made without an additional permitting process. This provision prevails over any more specific provision to the contrary within this Chapter.

The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signs on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly constructed.

D. Rules for non-communicative aspects of signs. Rules and regulations concerning the non-communicative aspects of signs, (e.g., number, type, location, size, height, illumination, spacing orientation, etc.), stand enforceable independently of any permit or review process.

E. Mixed-use projects and multiple use zones. In a mixed-use structure or in a zone where both residential and nonresidential uses are allowed, the sign rights and responsibilities applicable to a particular use shall be determined as follows:

1. Residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right; and

3.A.10.d
Packet Pg. 477 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-131

2. Nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a Conditional Use Permit or similar discretionary process.

F. Billboard policy. The City completely prohibits the construction, erection, or use of billboards (i.e., off-site advertising signs), other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. The City adopts this policy in compliance with California Government Code section 65850, California Business and Professions Code Sections 5354(a) and 5408.3 (both effective January 1, 2003). Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal billboards, as encouraged by California Business and Professions Code Section 5412.

G. Property owners’ consent. Signs shall not be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this regulation, “owner” means the holder of the legal title to the property and all parties and persons holding a present right to possession, control, or use of the property.

H. Legal nature of sign rights and duties. As to all signs attached to property, real or personal, the sign rights, duties, and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases, easements, mutual covenants or equitable servitudes regarding signs (so long as they are not in conflict with this Chapter), or the ownership of sign structures.

17.335.040 — Definitions
A-Frame Sign. A portable freestanding sign that is hinged, folded, or otherwise angled at the top and widens at the bottom to form a shape similar to the letter “A”.

Abandoned Nonconforming Sign. A nonconforming sign that is advertising a use that has ceased, or is located upon a structure that has been abandoned for more than 90 days. See “Abandoned Sign.” For the purposes of this definition, abandonment for the applicable 90-day period shall be deemed conclusive evidence of abandonment irrespective of the property, sign, or business owner’s intent.

Abandoned Sign. A sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide

3.A.10.d
Packet Pg. 478 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.335 SIGN REGULATIONS
3-132 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 business, lessor, service, owner, or product available upon the site; or that identifies or advertises an event or activity that has previously occurred. See Section 17.335.170 (Abandoned Signs) for timelines for determining abandonment.

Address Sign. The numeric reference of a structure or use to a street included as part of a sign.

Animated Sign. A sign that uses movement, lighting, or special materials to depict action or create a special effect or scene. This classification includes wind-actuated and other elements (e.g., balloons, bunting, pennants, streamers, whirligigs), or other similar devices.

Awning. A roof-like structure usually covered in fabric (e.g., canvas) that projects from the wall of a structure for the purpose of shielding a doorway or window from the elements.

Awning Sign. A sign painted on, printed on, or attached to the surface of an awning. See Figure 3-20 (Awning Sign).

Figure 3-20
Awning Sign
Back-Lit Awning. An internally illuminated, fixed, space-frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.

Banner Sign. A sign made of fabric or any non-rigid material with no enclosing framework.

Billboard. A permanent structure used for the display of off-site commercial messages.

Blade/Bracket Sign. A small, pedestrian-oriented sign that projects perpendicular from a structure (blade sign) or is hung beneath a canopy (bracket sign).

Building Marker. A sign indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material.

3.A.10.d
Packet Pg. 479 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-133 Building Sign. A sign attached to or painted on a building.

Cabinet Sign. A sign that has one or more plastic, acrylic, or similar material faces (panels) that may or may not be internally illuminated. The sign panels may be either flat or shaped (“pan face”) and are attached to a metal frame (cabinet).

Canopy. A permanent roof-like structure of rigid or fabric materials extending from the main entrance of a structure and typically supported by posts at the corners furthest from where the canopy attaches to the structure. See also “Awning.”
Canopy Sign. A sign located on a permanent roof-like structure or canopy of rigid or fabric materials extending from the main entrance of a structure. See Figure 3-21 (Canopy Sign). See also “Blade/Bracket Sign.”
Figure 3-21
Canopy Sign
Changeable Copy Sign (electronic). A sign with changeable copy that is changed by incorporating video display, flip-disks, incandescent lamps, fluorescent lamps, fiber optics, light-emitting diodes, liquid crystal displays, plasma-displays, field emission displays, or any other mechanical or light-emitting matrix to convey changing copy or images. Also considered an animated sign. See Figure 3-22 (Changeable Copy Signs).

Changeable Copy Sign (manual). A sign with changeable copy that is manually changed, regardless of method of attachment or materials of construction. This classification includes bulletin boards and changeable copy signs on marquees. Does not include electronic message boards with lighted displays. See Figure 3-22 (Changeable Copy Signs).

3.A.10.d
Packet Pg. 480 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.335 SIGN REGULATIONS
3-134 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Figure 3-22
Changeable Copy Signs
Commercial Mascot. Humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of signs, insignia, masks, or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc.

Commercial Message. A message displayed on a sign that relates primarily to economic interests (e.g., the exchange or sale of goods or services). This definition shall automatically incorporate court rulings defining the term “commercial speech.” Construction Project Sign. A temporary sign erected on a parcel where construction is taking place.

Content Neutrality. See Section 17.335.030 (General Provisions).

Copy. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

Department. The Planning Department of the City of San Jacinto.

Directional Sign.

On-Site Directional Sign. An on-site sign giving directions for traffic, instructions, or facility information of an establishment but with no advertising copy (e.g., stop signs, parking, or exit and entrance signs). See Figure 3-23 (Directional Sign).

Off-Site Directional Sign. An off-site sign giving directions to businesses, sales offices, model home complexes, or points of interest, etc., but with no advertising copy. See Figure 3-23 (Directional Sign). See Subsection 17.335.090.H (Standards for Signs for Specific Uses – Kiosk/off-site subdivision directional signs) and Subsection 17.335.090.I (Standards for Signs for Specific Uses – Off-Site Directional Signs).

3.A.10.d
Packet Pg. 481 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SIGN
REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE,TITLE 17DECEMBER 20123-135 Off-Site Directional/Kiosk Sign
Figure 3-23
Directional Sign
On-Site Directional Sign

3.A.10.d
Packet Pg. 482 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.335 SIGN REGULATIONS
3-136 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Director. The Planning Director of the City’s Planning Department, or the Planning Director’s designee.

Directory Sign. A sign listing the tenants or occupants of a building or building complex.

Display Surface. The area made available by the sign structure for the purpose of displaying the advertising message.

Double-Faced Sign. A sign designed with the intent of providing copy on both sides. See Figure 3-24 (Double-Faced Sign).

Figure 3-24
Double-Faced Sign
Establishment. A legal, nonresidential use of land to conduct a commercial or noncommercial activity. By way of example and not limitation, “establishment” includes stores, offices, places of worship, hospitals, manufacturing facilities, etc. Does not include home-based occupations or hobbies.

Façade. The entire building elevation, including the parapet.

Face of Sign. The area of a sign on which the copy is placed.

Fascia. Typically, the smooth wall surface between a window and the parapet.

Flag. A rectangular or cylindrical piece of fabric of distinctive design that is used as a symbol, as a sign device, or as a decoration.

Flashing Sign. A sign that displays an intermittent or sequential flashing light source.

3.A.10.d
Packet Pg. 483 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-137 Freestanding Sign. A sign supported permanently upon the ground by a structure and not attached to a building. This includes monument signs and pylon signs. See “Monument Sign” and “Pylon Sign.” See Figure 3-25 (Types of Freestanding Signs).

Figure 3-25
Types of Freestanding Signs
Frontage.

Building Frontage. The structure elevation that fronts on a street, alley, driveway, parking area, pedestrian plaza, walkway, courtyard, or arcade.

Building Frontage, Primary. The side or façade of a structure that abuts the front yard of the parcel on which the structure is located. See Figure 3-26 (Frontages).

Building Frontage, Secondary. The side or façade of a structure that abuts the street side yard of the parcel on which the structure is located. See Figure 3-26 (Frontages).

Street Frontage. The length of the property line of a parcel along a right-of-way on which it borders.

Tenant Frontage. That portion of a multi-tenant building facade that is devoted to a single tenant.

3.A.10.d
Packet Pg. 484 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances)

17.335 SIGN REGULATIONS
3-138 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Figure 3-26
Frontages
Human Sign-Holder. Someone who applies an advertisement on his or her person. Most commonly, this means holding or wearing a sign of some sort. Sign holders are known as human directionals in the advertising industry, or colloquially as sign walkers, sign waivers, or sign twirlers. Frequently, they will spin or dance or wear costumes with the promotional sign in order to attract attention.

Illegal Sign. A sign installed without issuance of a Sign Permit; or that is not in compliance with this Chapter; or that is not a legal nonconforming sign.

Illuminated Sign. A sign lighted with an artificial light source for the purpose of decorating, outlining, accentuating, or brightening the sign area.

Externally Illuminated Sign. A sign illuminated from an exterior light source.

Indirectly Illuminated Sign. A sign whose illumination is derived entirely from an external artificial source that is arranged to illuminate the sign area only.

Internally Illuminated Sign. A sign illuminated from an interior light source contained within the sign cabinet.

3.A.10.d
Packet Pg. 485 Attachment: Ordinance No. 22-10 - Exhibit "C" - Article 3 (Envision San Jacinto - General Plan 2040 - Second Reading of Ordinances) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 3-139 Incidental Sign. A small sign, emblem, or decal informing the public of the facilities, trade affiliation, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business or presence of parking).

Inflated Display Sign. A three-dimensional object filled or activated by moving or non-moving air or other gas, located, attached, or tethered to the ground, site, merchandise, structure, or roof and used as a sign or to attract attention. This definition does not include inflated gymnasiumtype jumping or sliding devices used temporarily for a non-advertising activity (e.g., children’s parties, etc.).