Convenience Market (Land Use). Retail establishments that sell prepackaged food items, beverages and small convenience items (e.g., periodicals, tobacco, miscellaneous household and pharmaceutical goods, etc.) primarily for off-site consumption; that typically have long or late hours of operation; that are in relatively small structures located along heavily traveled streets.
This term excludes delicatessens and other specialty food shops and establishments having a sizeable assortment of fresh fruits and vegetables, and fresh cut meat or fish (see “Food and Beverage Sales”). Includes establishments located within or associated with another use (e.g., service stations) (see “Vehicle Services - Service Stations”). May also sell alcoholic beverages (see Section 17.430.040 (Alcohol Sales).
Conversion of Residential Structures. The use of residential structures converted for combined residential and nonresidential use or converted for solely nonresidential use.
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Packet Pg. 1003 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 25 Cottage Business. An accessory use, subordinate to the principal residential use of the property, operated by persons residing in the principal dwelling unit on the same parcel of land upon which the cottage business is located (See Section 17.430.150 140 (Cottage Businesses).
Additionally, the use may be carried out in an accessory structure on the same parcel or on a parcel adjacent to the principal dwelling owned by the same person. The cottage business constitutes, either entirely or partly, the livelihood of the person living in the dwelling unit. A cottage business may also include a home occupation (see “Home Occupations”). Examples of these uses include, but are not limited to:
Clothing tailors and seamstresses
Contractor’s storage yard
(maximum of 200 sq. ft. outdoor
storage
Electronic/computer equipment
repair and maintenance
Engine repair, small (excludes motor
vehicle engines)
Household goods repair and
maintenance (minor)
Janitorial, housekeeping, and lawn
care services
Locksmith shop
Specialty trade contractors (e.g.,
drywall, electrical, landscaping,
masonry, painting, plumbing,
roofing, etc.)
Pest control services
Trucking business (Max 2 trucks
with trailers)
Upholstery, cabinet, and
woodworking shops
Council. The City Council of the City of San Jacinto.
Covenant of Easement. See Section 17.660.120 (Covenants of Easements).
Coverage.
Impervious Surface Coverage. The area of a parcel covered by structure(s) and other impervious surface(s), expressed as a percentage of the total parcel area. See also “Impervious Surface.” See Figure 8-4 (Impervious Surface Coverage and Structure Coverage).
Structure Coverage. The area of a parcel covered by a structure or structures, expressed as a percentage of the total parcel area. See Figure 8-4 (Impervious Surface Coverage and Structure Coverage).
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Packet Pg. 1583 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1004 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 26 Figure 8-4
Impervious Surface Coverage and Structure Coverage
Crop Production, Horticulture, Orchard. See “Agricultural Activities and Facilities.” Cultural Institutions (Land Use). Public or private institutions that display or preserve objects of community or cultural interest in one or more of the arts or sciences. Examples of these uses include:
art galleries
libraries
museums
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Packet Pg. 1584 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1005 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 27 Cut. Earth material removed by artificial means (e.g., excavation or any other form of human activity) or the act of removing the material. See Figure 8-5 (Cut and Fill). See also “Fill.” Figure 8-5
Cut and Fill
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Packet Pg. 1585 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1006 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 28
17.800.050 – Definitions, “D”
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Dairies. See “Livestock and Dairy Operations.”
Day. Unless otherwise specified, a calendar day. See “Calendar Day.” See Section 17.105.020.D. (Rules of Interpretation – Time limits).
Day Care Facility (Land Use). Nonmedical care and supervision of children or adults on a less than 24-hour basis.
Small (Eight or fewer people). Day care facilities located in single-unit dwellings where an occupant of the dwelling provides care and supervision for eight or fewer people.
Children under the age of 10 years who reside in the dwelling count as children served by the day care facility.
Large (Nine to 14 people). Day care facilities located in single-unit dwellings where an occupant of the dwelling provides care and supervision for nine to 14 people. Children under the age of 10 years who reside in the dwelling count as children served by the day care facility.
General (15 or more children). Establishments that provide nonmedical care for 15 or more persons on a less than a 24-hour basis, including nursery schools, preschools, and day care centers.
Day Spa. An establishment that offers a combination of non-medical personal services typically found in a beauty shop (i.e., hair, nail and skin care) and spa tubs, pools, steam rooms, saunas or other related accessory facilities and uses. May include “Massage Services”.
Development Review Committee. See Section 17.700.060 (Development Review Committee).
See also “Pre-Development Review Committee.”
Director. The Planning & Community Development Director of the City of San Jacinto, or authorized designee(s).
Disability or Handicap. Physical or mental impairment that substantially limits one or more of a person’s major life activities or a record of having an impairment, but the term does not include current, illegal use of, or an addiction to, a controlled substance. Current users of illegal controlled substances, persons convicted with illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered disabled under the Fair Housing Act, by virtue of that status.
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San Jacinto Development Code, Title 17 December 2022 8 - 29 Donation Box. See “Recycling Facilities.”
Donor site. A site (e.g., one or more parcels of land) that is the subject of a transfer of development rights, where the owner of the site is donating or conveying development rights of the site, and on which those rights so conveyed are extinguished and may not be used by reason of the transfer of development rights. See Chapter 17.645 (Transfer of Development Rights).
Drive-Through Thru Retail (Land Use). A facility where food or other products may be purchased by motorists without leaving their vehicles. Examples of drive-through thru retail facilities include fast-food restaurants, drive-thruough coffee, dairy product, photo stores, pharmacies, etc.
Drive-Through Thru Service (Land Use). A facility where services may be obtained by motorists without leaving their vehicles. Examples of drive-through thru service facilities include drive-through thru bank teller windows, dry cleaners, automated teller machines, etc., but do not include gas stations or other vehicle services, which are separately defined.
Drug Manufacturing (Land Use). The manufacture of medicinal chemicals and botanical products, pharmaceutical preparations, diagnostic substances, and biological products, for human or veterinary use.
Duplex. See “Dwelling, Two-Family.”
Dwelling. A structure or portion of a structure designed for residential purposes, including single-family, two-family, and multi-family dwellings.
Dwelling, Multi-Family (Land Use). A structure or development containing three or more dwelling units, each of which is for occupancy by one or more persons living as a Household (see “Household”). Includes: triplexes (structures under one ownership with three dwelling units in the same structure); fourplexes (structures under one ownership with four dwelling units in the same structure); apartments (five or more dwelling units under one ownership in a single structure or complex); and common ownership, attached unit projects including condominiums (see “Condominiums”) and townhouses (see “Townhouses.” Does not include duplexes (see “Dwelling, Two Unit”).
Dwelling, Single-Family (Land Use). A structure containing one dwelling unit located on a single parcel for occupancy by one Household (see “Household”). Also includes manufactured housing (see “Manufactured Housing”) and mobile homes (see “Mobile Home”), when placed on permanent foundation systems.
Attached Single-Family Dwelling. A dwelling that is attached to another dwelling, excluding accessory dwellings. Each dwelling is owned in fee, located on an individual parcel, and is joined to another dwelling along a single lot line. Each dwelling is totally separated from the other by an unpierced vertical wall extending from ground to roof.
Row houses and town homes are examples of this dwelling unit type.
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Packet Pg. 1008 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 30 Detached Single-Family Dwelling. A dwelling that is not attached to any other dwelling. The dwelling is owned in fee and is located on an individual parcel.
Dwelling, Two-Family (also known as a duplex) (Land Use). A structure located on a single parcel and containing two dwelling units, each of which is for occupancy by one Household (see “Household”). Also includes manufactured housing (see “Manufactured Housing”) and mobile homes (see “Mobile Home”), when placed on permanent foundation systems.
Dwelling Unit. One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the unit for occupancy by one Household (see “Household”).
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Packet Pg. 1009 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 31
17.800.060 – Definitions, “E”
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Easement. See Section 17.660.120 (Covenants of Easements).
Educational Facility, Private or Public (Land Use). An institution (e.g., a private or public school, college or university) that conducts general academic instruction equivalent to the standards prescribed by the State Board of Education, or confers degrees to students of undergraduate or graduate standing, or conducts academic or scientific research, or gives religious or vocational/specialized instruction/courses/programs.
Academic K–12. An institution that offers instruction in several branches of learning and study required to be taught in the public schools by the State Education Code.
Includes elementary, middle, junior high, and high schools, and charter schools serving kindergarten through 12th grade students. Does not include preschools and child day care (see "Child Day Care (Land Use)").
College or University. A post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public colleges, universities, and technical schools
Commercial Schools. Non-degree granting business, secretarial, and vocational schools offering specialized trade and commercial courses. Includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development (including arts, communications, environmental awareness, fitness, and management, as examples) and the following specialized schools:
art school
business, secretarial, and
vocational school
computers and electronics
school
dance school
drama school
driver education school
establishments providing
courses by mail or internet
language school
music school
personal growth and
development (including arts,
communications,
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Packet Pg. 1010 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 32 environmental awareness,
fitness, and management)
photography school
seminaries/religious ministry
training facility
tutoring centers
See also the definition of “Studio - Art, Dance, Martial Arts, Music, etc." for smaller-scale facilities offering specialized instruction.
Efficiency Unit. See “Accessory Dwelling Unit.”
Electric Vehicle Charging Station. A public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle.
Electronics, Equipment, and Appliance Manufacturing (Land Use). Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
appliances such as stoves/ovens,
refrigerators, freezers, laundry
equipment, fans, vacuum cleaners,
sewing machines
aviation instruments
computers, computer components,
and peripherals
electrical transmission and
distribution equipment
electronic components and
accessories
semiconductors, integrated circuits,
related devices
electronic instruments, components
and equipment such as calculators
and computers
electrical welding apparatus
lighting and wiring equipment such
as lamps and fixtures, wiring
devices, vehicle lighting
industrial apparatus
industrial controls
instruments for measurement,
testing, analysis and control,
associated sensors and accessories
miscellaneous electrical machinery,
equipment supplies such as
batteries, X-ray apparatus and tubes,
electromedical and
electrotherapeutic apparatus,
electrical equipment for internal
combustion engines
motors and generators
optical instruments and lenses
photographic equipment and
supplies
radio and television receiving
equipment such as television and
radio sets
surgical, medical and dental
instruments, equipment, supplies
surveying and drafting instruments
telephone apparatus
transformers, switch gear, and
switchboards
watches and clocks
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Packet Pg. 1590 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1011 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 33 Does not include testing laboratories (soils, materials testing, etc.) (see “Business Support Services”), or research and development facilities separate from manufacturing (see “Research and Development”).
Emergency Shelter (Land Use). As defined in Health and Safety Code Section 50801(e), housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.
Employee Housing (Land Use). Employee housing for six or fewer employees in a singlefamily dwelling, pursuant to Health and Safety Code Section 17021.5(b), shall be deemed a single-family use and shall be treated the same as any single-family dwelling in districts where single-family dwellings are allowed. Qualified employee housing for six or fewer employees is subject to all municipal codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.
Entertainment, Live. See “Live Entertainment.”
Equipment Rental (Land Use). A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction and heavy equipment rental (see "Construction and Heavy Equipment Rental").
Establishment. Any business (see “Business”).
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Packet Pg. 1012 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 34
17.800.070 – Definitions, "F"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Fair Housing Laws. Section 42 United States Code Section 3604(f)(3)(B) and California Government Code Sections 12927c(1) and 12955(1), as amended from time to time.
Farm Supply and Feed Store (Land Use). A retail business selling supplies for use in soil preparation and maintenance, the planting and harvesting of crops, the keeping and raising of farm animals, feed for domestic pets and farm animals, and other operations and processes pertaining to farming and ranching. Includes the sale of small animals such as chicks or other animals if authorized by the approved permit. Does not include the sale, rental, or repair of farm machinery and equipment, which is instead included in the definition of "Construction and Heavy Equipment Sales and Rental."
Farmers Market (Land Use). The temporary use of a site for the outdoor sales of food and farm produce items, in compliance with California Food and Agriculture Code Section 1392 et seq.
Feed Store. See “Farm Supply and Feed Store.”
Fence or wall. A structure, solid or otherwise, that is 18 inches or more in height, the purpose of which is to either partially or totally define parcel boundaries, create or define portions of yards, or secure private areas. Does not include “Hedge.” Fill. Earth material placed by artificial means (e.g., truck import or any other form of human activity) or the act of placing the material. See Figure 8-3 (Cut and Fill). See also “Cut.” Fire Chief. The Fire Chief of the City of San Jacinto, or authorized designee(s).
Flatwork. Where the ground is covered with non-structural concrete, asphalt, or any material that creates an impervious surface. See “Impervious Surface.” Flex-Time. Allowing employees to alter regular hours of work by extending the work day in the morning or evening or both.
Floor Area Ratio. The mathematical relation between volume of building and unit of land expressed as the ratio of gross floor area of all structures on a lot to total lot area. See Figure 8-6 (Floor Area Ratio).
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Packet Pg. 1592 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1013 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 35 Figure 8-6
Floor Area Ratio
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Packet Pg. 1593 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1014 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 36 Food and Beverage Product Manufacturing (Land Use). Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include:
bottling plants
breweries
candy, sugar and confectionery
products manufacturing
catering services separate from
stores or restaurants
coffee roasting
dairy products manufacturing
fats and oil product manufacturing
(rendering excluded)
fruit and vegetable canning,
preserving, related processing
grain mill products and by-products
meat, poultry, and seafood canning,
curing, by-product processing
soft drink production
wine production
miscellaneous food item preparation
from raw products
Does not include bakeries (see “Bakery Products”) or beer brewing as part of a brew pub, bar or restaurant (see “Bars, Lounges, and Nightclubs”).
Food and Beverage Sales (Land Use). A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. Includes retail bakeries, where any on-site baking is only for on-site sales.
Does not include catering service (see “Catering Service”) or convenience markets (see “Convenience Markets”).
Grocery Stores. Retail establishments that generally maintain a minimum gross floor area of 30,000 square feet and carry a broad range of food products (e.g., fresh fruits; fresh vegetables; baked goods, meat, poultry, or fish products; frozen foods; and processed and prepackaged foods). Includes retail bakeries, where on-site baking is only for on-site sales.
Neighborhood Grocery. Retail establishments that occupy a maximum gross floor area of 10,000 square feet and primarily sell food products (e.g., fresh fruits; fresh vegetables; baked goods, meat, poultry, or fish products; frozen foods; and processed and prepackaged foods) and also may sell other convenience and household goods.
Small Format Grocery. Retail establishments that occupy more than 10,000 or less than 30,000 square feet of gross floor area and primarily sell food products (e.g., fresh fruits; fresh vegetables; baked goods,; frozen foods; and processed and prepackaged foods) and also may sell other convenience and household goods. Small Format Groceries feature more limited product selection and merchandise display
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Packet Pg. 1015 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 37 Specialty Food. Retail establishments that generally carry a limited and focused range of food products (e.g., bakery, butcher, cheese store, delicatessen, health food, ice cream/yogurt shop, produce market, or food stuffs associated with a particular nationality, religious observance, dietary practices, or cuisine, etc.) Food Service Establishment (Land Use). A retail business selling ready-to-eat food or beverages for on- or off-premise consumption. These include businesses where customers are served from a walk-up ordering counter for either on- or off-premise consumption ("counter service"); and establishments where customers are served food at their tables for on-premise consumption ("table service"), that may also provide food for take-out. Outdoor dining facilities shall meet the standards in Section 17.430.230 (Outdoor Dining). Does not include establishments selling alcoholic beverages (see “Alcohol Sales”).
Fortune Teller. See “Personal Services – Restricted.”
Fourplex. See “Dwelling, Multi-Family.”
Fuel Dealer (Land Use). A retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers.
Furniture/Fixtures Manufacturing, Cabinet Shops (Land Use). Manufacturers producing:
wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public space furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills (see “Lumber and Wood Products”).
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Packet Pg. 1016 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 38
17.800.080 – Definitions, "G"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Garage, Private. An accessory structure, or an accessory portion of the primary structure, which is enclosed on all sides and is designed or used primarily for parking of motor vehicles by the occupants of the primary structure.
Garage Sale (Land Use). See Municipal Code Chapter 5.24 (Garage Sales) and also Chapter
17.640 (Temporary Use Permits).
General Plan. The City of San Jacinto General Plan, as amended.
Government Facility (Land Use). An area or structure owned, operated, or occupied by governmental agency to provide a governmental service to the public (e.g., corporate yard, city hall, community recreation center, post office, library, etc.).
Grade, Existing. The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project.
Grade, Finished. The surface of the ground or pavement at a stated location as it exists after completion of a project.
Grade, Natural. The unaltered natural surface of the ground at a stated location.
Grading. Excavating, filling, or smoothing earth.
Granny Unit. See “Accessory Dwelling Unit.”
Graywater. 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 waste water from kitchen sinks or dishwashers, pursuant to Health and Safety Code Section 17922.12.
Grocery Store. See “Food and Beverage Sales.”
Group Home for Persons with Disabilities. Any residence or dwelling, other than a hotel or motel, whose primary purpose is serving one or more persons with disabilities. (ord. 14-03, adopted May 6, 2014)
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San Jacinto Development Code, Title 17 December 2022 8 - 39 Guest House (Land Use). Living/sleeping quarters within a detached structure accessory to a single-family dwelling for the use of persons employed on the premises or for the temporary use by guests of the occupants of the premises. The quarters shall have no kitchen or cooking facilities and shall not be rented or otherwise used as a separate dwelling.
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San Jacinto Development Code, Title 17 December 2022 8 - 40
17.800.090 – Definitions, "H"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Habitable Space. A room or space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered a habitable room or space.
Handcraft Manufacturing (Land Use). On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment (i.e., drills and saws, hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels, welding etc.) that have no negative external impacts on surrounding properties. Examples of these products include:
candles
ceramics
costume novelties
jewelry
mosaics
musical instruments
needlework
pottery
quilting
small glass, metal art, and craft
products
sporting and athletic goods
stained glass
toys
wood carving
Includes the incidental direct sale to consumers of only those goods produced on-site. Does not include artisan shops (see “Artisan Shops”), performing art rehearsal spaces (see “Studios, Art, Dance, Martial Arts, Music, etc.”), or art museums (see “Cultural Institutions”).
Head Shop. An establishment that sells merchandise that could be used for the purpose of unlawfully administering or ingesting drugs.
Health/Fitness Facility (Land Use). A facility where members or nonmembers use equipment or space for the purpose of physical exercise.
Small. An indoor facility of 2,000 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle-building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, or weight control. Examples of uses include martial arts, Pilates, personal training, and yoga studios.
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San Jacinto Development Code, Title 17 December 2022 8 - 41 Large. A full service fitness center, gymnasium, or health and athletic club, which is over 2,000 square feet in size and may include any of the following: sauna, spa or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; aerobic classes and other indoor sports activities; locker rooms and showers, barber/beauty shops, snack shop, delis, lounges, etc. Does not include adult-oriented businesses (see “AdultOriented Businesses”) and other commercial recreation facilities (see “Commercial Recreation Facilities”).
Hedge. A group of shrubs or trees planted in a line or in groups forming a compact, dense, barrier that protects, shields, separates, or demarcates an area from view. For purposes of this definition, a shrub is a perennial woody plant smaller than a tree, having multiple permanent stems branching from or near the base and lacking a single trunk; a bush. See “Fence.” Height. The vertical distance from the finished grade to the highest point of a structure.
Hillside. Those portions of land displaying slopes, ridgelines, hills, knolls, canyons, or similar topographic features. See Section 17.305.070 (Hillside Development).
Home Occupation (Land Use). A legal commercial enterprise conducted by an occupant(s) of the dwelling that are clearly incidental and secondary to the use of the dwelling for residential purposes and compatible with surrounding residential uses, and which does not change the character of the dwelling.
Hookah Lounge. An area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of any device or equipment producing smoke or vapors, including pipes (commonly known as a hookah, waterpipe, or narghiles), but does not include private use of hookahs in personal residences if otherwise in compliance with applicable law.
Hospital. See “Medical Services- Hospital.”
Hotel. See “Lodging.”
Household. All the persons who occupy a dwelling unit. The occupants may be a single family, one person living alone, two or more families living together, or any groups of related or unrelated persons who share living arrangements.
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San Jacinto Development Code, Title 17 December 2022 8 - 42
17.800.100 – Definitions, "I"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Impervious Surface. Any material or structure on or above the ground that prevents the movement of water from the land surface into the underlying soil or dirt. Impervious surface includes hardened surfaces caused by human action including paved parking lots, sidewalks, roof tops, driveways, patios, and roads. May include “semi-hardened” surfaces that greatly impede water flow and are also caused by human action, including highly compacted gravel, sand, soils, or clay, which can be nearly concrete-like in their imperviousness. See “Coverage.” Improvement. Any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property, or any part of such addition.
Industrial Park. An area of land planned, developed, and operated as an integrated facility for a number of industrial uses and supporting accessory uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
Inoperable Vehicle. Any car, truck, motorcycle, trailer, boat or vessel, motor home or other conveyance intended to be used on public roadways or waterways that cannot legally and safely be operated on public roadways or waterways; or any off-road vehicle that cannot be operated on or off public roadways. A “certificate of non-operation” issued by the California Department of Motor Vehicles relates only to the registration fees due and has no bearing on the operable status of any vehicle or vessel.
Irrevocable Offer of Dedication. See Section 17.660.120 (Covenants of Easements).
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San Jacinto Development Code, Title 17 December 2022 8 - 43
17.800.110 – Definitions, "J"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
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Packet Pg. 1601 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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San Jacinto Development Code, Title 17 December 2022 8 - 44
17.800.120 – Definitions, "K"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Kennels and Catteries. Facilities for the care of dogs and cats. See “Animal Sales and Services.” Kitchen. Any room or space within a structure, all or part of which is designed or used for cooking, preparation, refrigeration and storage of food and which includes a sink, refrigerator, stove or range top, and oven or microwave.
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San Jacinto Development Code, Title 17 December 2022 8 - 45
17.800.130 – Definitions, "L"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
Landform Grading. A land grading
concept that seeks to replicate the
irregular shapes of natural slopes.
Does not include conventional
grading or contour grading. See
Figure 8-7 (Landform Grading).
Figure 8-7
Landform Grading
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Packet Pg. 1603 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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San Jacinto Development Code, Title 17 December 2022 8 - 46 Landforming. The grading and planting of an area so that the area blends into and complements the drainage pattern of the surrounding natural terrain. See “Landform Grading” and see also Section 17.305.070 (Hillside Development).
Landscape Design Guidelines. The Landscape Design Guidelines adopted by the City Council in Resolution No. 253 on June 2, 2005, as amended from time to time.
Laundries, Dry Cleaning Plants, Linen Supply. Service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; and carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment; see “Personal Services.” LEED. Leadership and Energy Efficient Design (LEED) is an internationally recognized green building certification system developed by the U.S. Green Building Council (USGBC), providing third-party verification that a building or community was designed and built using strategies aimed at improving performance across the following types of metrics: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts.
Live Entertainment (Land Use). Entertainment provided by one or more live performers, including musical, theatrical, dance, cabaret, or comedy acts. For purposes of this definition, a disc jockey is considered a performer, as is any other person whose performance is comprised of selecting or manipulating prerecorded music. Includes dancing and karaoke. Does not include the term “Adult Oriented Businesses.”
Amplified. The increase in the degree of sound level of voices, instruments, or recorded music through electronic devices and equipment (e.g., speakers, loudspeakers, etc.).
Unamplified. Voices or instruments without sound-boosting electronic devices and equipment.
Live/Work Unit (Land Use). A structure, or spaces within a structure, that combine commercial or manufacturing activity, which are allowed in the zone where the premises are located, with a residential space. Typically the residential use of the premises is secondary or accessory to the primary use as a place of work.
Livestock and Dairy Operations. See “Agriculture.”
Loading Space. An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purposes of loading and unloading goods and materials.
Local Agency Formation Commission (LAFCO). A commission created in compliance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.) to oversee proposals for organization and boundary changes, including
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San Jacinto Development Code, Title 17 December 2022 8 - 47 the incorporation and disincorporation of cities, the formation and dissolution of special districts, and the annexation, consolidation, merger, and reorganization of cities and special districts.
Lodging (Land Use).
Bed and Breakfast Inn (B&B). A residential structure with one or more bedrooms rented for overnight lodging, where limited meals may be provided to registered overnight guests only, subject to applicable Environmental Health Department regulations.
Hotel. A facility in which guest rooms or suites are offered for compensation to the general public for transient lodging with or without meals for compensation and where no provision is made for cooking in an individual guest room or suite. Hotel rooms are accessed from interior hallways and typically include a variety of accessory services (e.g., accessory retail, personal services, restaurants, etc.) Also includes accessory guest facilities (e.g., meeting facilities, computer/work stations, swimming pools, tennis courts, indoor athletic facilities, etc.).
Extended Stay Hotel. A hotel with rooms that contain kitchen facilities for food preparation. Extended-stay lodging facilities may contain lobbies, conference rooms, meeting rooms, child play areas, or restaurants.
Motel. A structure or series of structures in which guest rooms are offered to the general public for transient lodging, without kitchen facilities; with or without meals; and for compensation. A motel is distinguished from a hotel primarily by direct independent access to, and adjoining parking for, each room.
Lot. The basic unit of land development. A designated area of land established by plat, subdivision, lot line adjustment, or as otherwise allowed by law, to be used, developed, or built upon as a unit. Typically a lot is indicated upon a final map, parcel map, lot line adjustment map, certificate of compliance, or record of merger filed in the Office of the County Recorder.
Types of lots include the following. See Figure 8-8 (Lot Types).
Corner Lot. A lot located at the intersection of two or more streets. The front lot line of a corner lot abuts the shortest street property line, unless otherwise determined by the Director.
Flag Lot. A lot not meeting minimum lot frontage requirements and where access to the private or public street is provided by a narrow private access way that is between abutting lots and that is owned in fee.
Interior Lot. A lot abutting only one street.
Key Lot. An interior lot, the front of which abuts the side property line of a corner lot.
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San Jacinto Development Code, Title 17 December 2022 8 - 48 Reversed Corner Lot. A corner lot, the rear of which abuts the side of another lot.
Through Lot. A lot with frontage on two generally parallel streets. May be an interior lot having frontage on more than one street or a corner lot having frontage on more than two streets. Each street frontage of an interior lot and the two shortest street frontages of a corner lot shall be deemed a front lot line.
Figure 8-8
Lot Types
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San Jacinto Development Code, Title 17 December 2022 8 - 49 Lot Line or Parcel Line. Any recorded boundary of a lot or parcel. Types of lot lines are as follows (see Figure 8-9 (Lot Features)):
Front lot line. On an interior lot, the property line separating the parcel from the street.
The front lot line on a corner lot is the property line with the shortest frontage within residential zones and the longest frontage within nonresidential zones. If the lot lines of a corner lot are equal in length, the Director shall determine which is the front lot line.
On a through lot, the front lot line is the line abutting a street where primary access is taken.
Interior lot line. Any lot line not abutting a street.
Rear lot line. A lot line that does not intersect the front lot line and that is most distant from and most closely parallel to the front lot line. In the case of irregularly shaped lots, line to be determined by the Director.
Side lot line. Any lot line that is not a front or rear lot line.
Zero-lot line. See “Zero Lot Line.”
Figure 8-9
Lot Features
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San Jacinto Development Code, Title 17 December 2022 8 - 50 Low Barrier Navigation Center (Land Use). A low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and includes but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
Lumber and Wood Product Manufacturing (Land Use). Manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:
containers, pallets, and skids
milling operations
trusses and structural beams
turning and shaping of wood
products
wholesaling of basic wood products
wood product assembly
Does not include craft-type shops (“Handcraft Manufacturing”); other wood and cabinet shops (“Furniture/Fixture Manufacturing”); indoor retail sale of building materials, construction tools and equipment (“Building/Landscape Material Sales”).
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San Jacinto Development Code, Title 17 December 2022 8 - 51
17.800.140 – Definitions, "M"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Machinery Manufacturing (Land Use). Facilities to make or process raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances (“Electronics, Equipment, and Appliance Manufacturing”).
Maintenance and Repair Service (Land Use). Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, security systems, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.
Maintenance and Service Facility (Land Use). A facility providing maintenance and repair services for fleet vehicles, and accommodating equipment and materials storage areas. This use includes corporation yards, equipment service centers, and similar facilities.
Manufactured Housing. A factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, or California law and is to be used as a place for human habitation. The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on-site, and placed on a permanent foundation. For the purpose of this Development Code, a manufactured home shall be considered the same as any site-built, singlefamily detached dwelling (see “Single-Family Dwelling”). Does not include mobile homes (see “Mobile Home”). A mobile home is not a manufactured home unless it has been converted to real property and is taxed as a site-built dwelling.
Marijuana. See “Cannabis”.
Massage. As defined in Municipal Code Chapter 5.32 (Massage Parlors).
Massage Establishments and Services (Land Use). An establishment where any person certified in compliance with Business and Professions Code Section 4600 et seq. administers to another person a massage, as defined in Municipal Code Chapter 5.32 (Massage Parlors).
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San Jacinto Development Code, Title 17 December 2022 8 - 52 Medical Services - Clinic, Laboratory, Urgent Care (Land Use). A facility where medical, mental health, surgical and other personal health services are provided on an outpatient basis.
Examples of these uses include:
outpatient care facilities
outpatient surgery facilities
urgent care facilities
other allied health services
These facilities may also include incidental medical laboratories. Does not include counseling services by other than medical doctors or psychiatrists (see "Offices - Professional/ Administrative") or hospitals (see “Medical Services – Hospitals”).
Medical Services - Offices (Land Use). A facility where medical, dental, mental health, eye care, surgical, acupuncture, acupressure, massage therapy, or other personal health care services are provided on an outpatient basis by chiropractors, medical doctors, psychiatrists, opticians, etc., licensed by the State. Does not include medical clinics, laboratories, or urgent care facilities (see "Medical Services - Clinic, Laboratory, Urgent Care"); hospitals (See “Medical Services, Hospital”); counseling services by other than medical doctors or psychiatrists in locations other than in the offices of other medical doctors or psychiatrists (see "Offices - Professional/Administrative"); palm readers, hypnotists, card readers, psychics, and similar services (see "Personal Services – Restricted"). Massage services is further defined under “Massage Establishments and Services.”
Medical Services – Hospital (Land Use). Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide care for patients on a 24-hour basis within an integrated setting. May include outpatient services and on-site accessory clinics and laboratories (see “Medical Services – Clinic, Laboratory, Urgent Care”); accessory retail uses (see "Accessory Retail and Services"), and on-site ambulance dispatch facilities (“Transportation Service Dispatch Facility ”).
Metal Products Fabrication, Machine and Welding Shops (Land Use). Establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, wrought-iron fences and decorative elements, and similar products:
blacksmith and welding shops
sheet metal shops
machine shops and boiler shops
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Packet Pg. 1031 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 53 Minor Use Permit. A type of discretionary permit that, if approved, would allow a use that requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the proposed site location with respect to surroundings, streets and existing improvements or demands upon public facilities, in compliance with Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards). The additional control is to ensure that the particular use on the particular proposed site is compatible with other existing or permitted uses surrounding the site, in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits).
Minor Variance. A discretionary entitlement that, if approved, would allow the relaxation of specified, but very limited, development standards of this Development Code, in compliance with Chapter 17.650 (Variances and Minor Variances).
Mixed-Use Project (Land Use). A development with two or more different land uses on the same site such as a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures. Integration can be either vertical or horizontal or a mixture of the two.
Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory built housing. A mobile home on a permanent foundation is included under the definition of "Single-Family Dwelling." Mobile Home Park (Land Use). Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.
Mobile Home Sales. See “Vehicle Rentals, Sales, and Services.” Mobile Home Subdivisions (Land Use). Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are offered for sale or condominium ownership.
Mortuary, Funeral Home (Land Use). An establishment in which the deceased are prepared for burial or cremation, and funeral services may be conducted. Full-service mortuaries include facilities for the preparation of the deceased for burial and for cremation, but does not perform burials or cremations. May include ancillary uses (e.g., sales of caskets, urns, etc.) Partial service facilities include only chapels and similar rooms for viewing, religious services, wakes, and similar activities, together with accessory office facilities. Does not include “Cemetery.” Motel. See “Lodging.”
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San Jacinto Development Code, Title 17 December 2022 8 - 54 Motor Vehicles and Transportation Equipment Manufacturing (Land Use). Manufacturers of equipment for transporting passengers and cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles. Includes manufacture of motor vehicle parts and accessories; trailers and campers for attachment to other vehicles; self-contained motor homes; and van conversions.
Multi-Family Dwelling (Land Use). See “Dwelling, Multi-Family.”
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San Jacinto Development Code, Title 17 December 2022 8 - 55
17.800.150 – Definitions, "N"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Nail Salons. Establishments where a majority of the work stations are used to provide manicure or pedicure services. May include accessory massage services. Does not include day spas or similar facilities in which manicure or pedicure services are offered as one type of an array of personal care services (see “Day Spa”). See also “Personal Services.” National Pollutant Discharge Elimination System (NPDES). A system established by the Federal Water Pollution Control Act (FWPCA) (Title IV, Section 402- Permits and Licenses) for issuing permits for wastewater discharge into waters of the United States. The permit provides two levels of control: technology-based limits (based on the ability of dischargers in the same industrial category to treat wastewater) and water quality-based limits (if technology-based limits are not sufficient to provide protection of the water body).
Natural. The condition of land before human alteration, determined on the basis of the oldest reliable evidence available to the review authority at the time of its decision (e.g., topographic map, aerial photographs, etc.). For example, “natural slope” means the slope of a parcel, or portion of a parcel, that is not manufactured or manmade.
Neighborhood Grocery Store. See “Food and Beverage Sales.” Noise. Any undesired audible sound, as regulated by Section 17.300.060 (Noise).
Nursing Home. See “Care Facilities.”
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San Jacinto Development Code, Title 17 December 2022 8 - 56
17.800.160 – Definitions, "O"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Office (Land Use). This Development Code distinguishes between the following types of offices. These do not include medical offices (see "Medical Services - Clinic, Laboratory, Urgent Care" and "Medical Services - Doctor Office"):
Accessory. An office facility for administration, or on-site business and operations management, that are incidental and accessory to another business, sales, or service activity that is the primary use. For example, a business office within a grocery store.
Government. Administrative, clerical, or public contact or service offices of a local, State, or Federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "Truck or Freight Terminal.” Professional/Business/Administrative. Establishments providing direct services or business services to consumers or clients and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property. Examples of these uses include employment agencies, insurance agent offices, legal services, real estate offices, travel agencies, utility company offices, elected official satellite offices, etc. This use does not include “Bank, Financial Services,” which is separately defined.
Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction. See Chapter 17.640 (Temporary Use Permits).
Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use. See Chapter 17.640 (Temporary Use Permits).
Office Park. An area of land planned, developed, and operated as an integrated facility with freestanding buildings for a number of office uses and supporting accessory uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
Off-Site. Located outside the lot or parcel lines of the principal use.
Off-Street Parking. An area together with the required number of parking spaces and improvements as specified by Chapter 17.330 (Off-Street Parking and Loading) for vehicle
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San Jacinto Development Code, Title 17 December 2022 8 - 57 parking and maneuvering necessary to serve particular land uses, irrespective of the zones in which they occur.
On-Site. Located within the lot or parcel lines of the primary use.
Open Fencing. A fence constructed of rails, pickets, wrought iron, or wire, with the materials spaced so that at least 50 percent of the surface area is open, allowing visibility through the fence.
Open Space, Common. Areas within a development that are designed or intended for the use and enjoyment of all the residents and their guests.
Open Space, Private. Areas intended for the private use by residents of an individual dwelling unit, designed or intended for outdoor living and recreation or the retention of an area in its natural state. Private open spaces may include balconies, patios, and landscaped areas but does not include off-street parking, maneuvering, loading, or delivery areas.
Ordinary Maintenance and Repair. Work for which a Building Permit is not required, the purpose and effect of which is to correct deterioration of, or damage to a structure, and to restore the structure to its condition before the deterioration or damage.
Organizational House (Land Use). A residential lodging facility operated by a membership organization (e.g., school, convent, monastery, religious organization, etc.) for its members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.
Outdoor Dining. A dining area with seats or tables located outdoors of a restaurant, coffee shop, or other food service establishment, and which is (a) located entirely outside the walls of the subject structure, (b) enclosed on two sides or less by the walls of the structure with or without a solid roof cover, or (c) enclosed on three sides by the walls of the structure without a solid roof cover.
Outdoor Display and Sales. The temporary or permanent outdoor display of merchandise incidental to an adjacent indoor retail use, and certain independent outdoor retail sales facilities.
Includes news and flower stands. Does not include the sale of motor vehicles ("Vehicle Rentals, Sales and Services"), mobile homes, boats, and recreational vehicles ("Mobile Home, Boat, or RV Sales"), or building or landscape materials ("Building and Landscape Materials Sales – Outdoor”). Outdoor display and sales shall comply with the standards in Section 17.430.240 (Outdoor Displays and Sales) and Chapter 17.640 (Temporary Use Permits) for temporary display and sales.
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Packet Pg. 1036 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 58
17.800.170 – Definitions, "P"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Pad. A graded or prepared area on a parcel upon which a structure may be placed.
Paper Product Manufacturing. The manufacture of paper and paperboard, from both raw and recycled materials, and their conversion into products. Includes paper bags, boxes, envelopes, wallpaper, etc.
Parcel. See “Lot.”
Parking, tandem. The placement of parking spaces one behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space. May be located within a pull-through garage.
Parking Facility - Public or Commercial (Land Use). Parking lots or structures operated by the City, or a private entity providing parking for a fee. Does not include towing impound and storage facilities, which are instead defined under "Storage - Outdoor." Parking Management. An action taken to alter the supply, operation, or demand of parking facilities to force a shift from the single occupant vehicle to carpool, vanpool, or other transportation mode.
Parks and Playgrounds (Land Use). Public parks, play lots, playgrounds, and athletic fields for noncommercial neighborhood or community use, including tennis courts. May include passive outdoor recreation areas. Does not include the same facilities that are privately-owned, commercial recreation facilities (See "Commercial Recreation Facilities"), or recreational vehicle parks and campgrounds (“Recreational Vehicle Parks”).
Partial Reconveyance. See Section 17.660.120 (Covenants of Easements).
Personal Services (Land Use). Establishments providing non-medical services to individuals as a primary use. Examples of these uses include:
barber and beauty shops (without
massage)
clothing rental shops
dry cleaning/laundry pick up stores
only, with very limited equipment
and services
home electronics and small
appliance repair
laundromats (self-service laundries)
locksmiths
nail salons
shoe repair shops
tailors and seamstresses
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Packet Pg. 1616 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1037 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 59 tanning salons
These uses may also include accessory retail sales of products related to the services provided.
Personal Services – Restricted (Land Use). Establishments providing non-medical services to individuals as a primary use that require a Minor Use Permit to prevent a concentration of these uses in any one particular area and require site-specific conditions of approval to ensure compatibility with surrounding uses. These uses include:
check cashing stores
payday advance businesses
fortune tellers
palm and card readers
pawnshops
psychics
spas and hot tubs for hourly rental
tattoo parlors and body piercing
studios
Does not include acupressure, acupuncture, or massage (”Medical Services - Offices” and “Adult-Oriented Businesses”); hookah lounges (“Hookah Lounge”);or Cannabis Oriented Businesses.
Place of Worship. Any structure used for non-profit purposes by an established religious organization holding either tax exempt status under Section 501(c)(3) of the Internal Revenue Code or under the California property tax law, where the structure is primarily intended to be used as a place of worship. The term includes, but is not necessarily limited to, church, temple, synagogue, and mosque. See “Places of Assembly.”
Planning Commission. The City of San Jacinto Planning Commission, referred to as the “Planning Commission.”
Planned Development Permit. A type of discretionary permit that, if approved, would allow the design of a development a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land, a better living environment, and a superb site plan, and excellence of design than is otherwise possible through strict application of the development standards identified in Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards), in exchange for a modification of specified development standards, in compliance with Chapter 17.620 (Planned Development Permits).
Planning Fee Schedule. A schedule of fees approved by the City Council for the payment of funds to the City for processing and reviewing land use permit applications or other entitlements or for issuing licenses. See Section 17.600.050 (Application Fees).
Planning Permit. A generic term that means any permit or other entitlement authorized by this Development Code including the following: Conditional Use Permit, Home Occupation Permit,
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Packet Pg. 1617 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1038 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 60 Minor Use Permit, Minor Variance, Planned Development Permit, Reasonable Accommodation, Site Plan and Design Review, Temporary Use Permit, Variance, and Zoning Clearance.
Plant Nursery (Land Use). A commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under "Crop Production, Horticulture, Orchard." Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial-scale greenhouses (home greenhouses are included under "Residential Accessory Use or Structure"). The sale of house plants or other nursery products entirely within a structure is also included under "Retail, General Merchandise." Plastics, Other Synthetics, and Rubber Product Manufacturing (Land Use). The manufacturing from previously produced products of rubber products including: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and other rubber products from natural, synthetic or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires. Also includes: establishments engaged in molding primary plastics for other manufacturers, and manufacturing miscellaneous finished plastic products; fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires (“Vehicle Services - Auto Repair and Service”).
Police Chief. The Police Chief of the City of San Jacinto, or authorized designee(s).
Poolroom. Any place of business where any of several games are played on a table by driving small balls against one another or into pockets with a cue. Also known as a billiard hall.
Pre-Development Review Committee. See Section 17.600.040 (Application Preparation and Filing). See also “Development Review Committee.”
Prezone. The process by which the City determines the actual future land use zones for specified parcels of land located outside the City’s boundaries before these parcels are annexed to the City. See Chapter 17.720 (Amendments).
Principal Use. See “Use, Principal.” The primary or predominant use of any parcel or structure.
Printing and Publishing (Land Use). Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade (e.g., bookbinding, typesetting, engraving, photoengraving, and electrotyping). This use also includes establishments that publish newspapers, books, and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition of “Business Support Services.”
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Packet Pg. 1618 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1039 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 61 Produce Stand (Land Use). A business established and operated that sells raw, unprocessed fruits, vegetables, nuts, and other produce in its raw or natural state, and that is accessory to an on-site or adjacent agricultural operation. May be either permanent or temporary in use.
Project. Any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that is subject to the provisions of this Development Code.
Public Safety Facility (Land Use). A facility operated by a public agency including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. May include ambulance dispatch facilities on the same site (see “Transportation Service Dispatch Facility”).
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Packet Pg. 1619 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1040 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 62
17.800.180 – Definitions, "Q"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
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Packet Pg. 1620 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1041 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 63
17.800.190 – Definitions, "R"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Reasonable Accommodation. A type of discretionary permit that, if approved, would provide for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in the application of building and zoning laws and other land use policies, procedures, laws, rules, and regulations. See Chapter 17.625 (Reasonable Accommodation).
Receiver Site. A site (e.g., one or more parcels of land located in one or more areas of the City) that is the subject of a transfer of development rights, where the owner of the site is receiving development rights, directly or by intermediate transfers, from a donor site, and on which increased density or intensity is allowed by reason of the transfer of development rights. See Chapter 17.645 (Transfer of Development Rights).
Reception Halls/Rental Halls. See “Banquet Halls.”
Reciprocal Access Easement. See Section 17.660.120 (Covenants of Easements).
Recreational Vehicle (RV). An RV is either of the following, as provided in Health and Safety Code Section 18010:
A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
a. It contains less than 320 square feet of internal living room area, excluding builtin equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;
b. It contains 400 square feet or less of gross area measured at maximum horizontal projections;
c. It is built on a single chassis; and
d. It is self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
A park trailer, as defined in Health and Safety Code Section 18009.3.
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Packet Pg. 1621 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1042 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 64 Recreational Vehicle (RV) Park (Land Use). A site where one or more lots or spaces are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, and water, sewer, and electric hookups to each lot or space. Includes campgrounds. May include accessory retail uses and services that are clearly incidental and intended to serve RV park or campground patrons only.
Recreational Vehicle Sales. See “Vehicle Rentals, Sales, and Services.” Recycling. The series of activities by which discarded materials that would otherwise remain wastes are collected, separated, or processed and used to make new products.
Recycling Facilities (Land Use). This land use type includes a variety of facilities involved with the collection of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. Recyclable material includes reusable domestic containers and other materials that can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper, and plastic. Recyclable material does not include refuse or hazardous materials. This land use does not include storage containers located on a residentially, commercially, or industrially designated site used solely for the recycling of material generated on the site.
Donation boxes. A bin, storage shed, or similar facility established as an accessory use to a primary use for the purpose of providing a collection location for donated clothes, shoes, and small household items. Such facilities generally are established by a charitable or non-profit organization. See Section 17.430.160 (Donation Boxes).
Collection Facility (Large). A facility that occupies an area of more than 350 square feet or includes permanent structures where the public may donate, redeem, or sell recyclable materials.
Collection Facility (Small). A facility that occupies an area of 350 square feet or less where the public may donate, redeem, or sell recyclable materials and may include:
a. A mobile unit;
b. Reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and
c. Kiosk-type units that may include permanent structures.
Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding.
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Packet Pg. 1622 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1043 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 65 Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. The vending machines typically occupy an area of less than 50 square feet.
Recycling—Scrap and Dismantling Yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling vehicles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light processing facilities for recycling (see Recycling Facility – Processing Facility”). Does not include places where these activities are conducted entirely within buildings; pawnshops and other secondhand stores (“Secondhand Stores/Pawnshops”); the sale of operative used cars (“Vehicle Rentals, Sales, and Services”); or landfills or other waste disposal sites.
Repair Service - Equipment, Large Appliances, etc. A service facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance (see "Vehicle Rentals, Sales, and Services"); the repair of small home appliances and electronic equipment (see "Personal Services"); maintenance and repair activities that occur on the client's site, or repair services provided on the site of a retail use that sells the products for which repair services are offered, which are incidental to on-site sales.
Research and Development (R&D) (Land Use). Facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical, computer, and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical, and biotechnology research and development. Does not include soils and other materials testing laboratories (see “Business Support Services”) or medical laboratories (see “Medical Services – Clinic, Laboratory, and Urgent Care”).
Residential Care Facility for the Elderly. See “Community Care Facilities.” Restaurant. See “Food Service Establishment.”
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Packet Pg. 1623 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1044 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 66 Retail Sales (Land Use). Stores and shops selling goods or merchandise, not specifically listed under another land use, to the general public for personal or household consumption and rendering services incidental to the sale of goods.
Accessory. See “Nonresidential Accessory Structures and Uses.” Gun Shops. Retail establishments which primarily engage in the sale of guns or ammunitions. Does not include sporting good stores or other stores where the sale of guns and ammunitions does not exceed 50% of gross sales.
General Merchandise. Retail establishments, completely enclosed within structures, engaged in selling goods or merchandise to the general public for profit. Does not include adult-oriented businesses (see “Adult-Oriented Businesses”); Cannabis Related Businesses (see “Cannabis”); secondhand stores (see “Secondhand Stores”); or standalone tobacco stores (see “Tobacco Stores”).
Second Hand Stores (Land Use). Retail establishments that buy and sell used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments, firearms, or any similar secondhand articles or objects; includes indoor flea markets. Does not include bookstores (“Retail Stores”); secondhand farm and construction equipment (“Construction, Farm, and Heavy Equipment Sales”); junk dealers, or scrap/dismantling yards (“Recycling Facilities - Scrap and Dismantling Yards”); the sale of antiques and collectibles (“Retail Stores"); the sale of motor vehicles and other used vehicles ("Vehicle Sales and Leasing").
Rideshare. A transportation program consisting of carpools and vanpools that enable groups of people to share vehicles to achieve savings in fuel and vehicle operating costs.
Right-of-Entry. See Section 17.660.120 (Covenants of Easements).
Room and Board. See “Congregate Living Facility.”
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Packet Pg. 1624 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1045 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 67
17.800.200 – Definitions, "S"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Satellite Dish Antenna/Antenna. See “Antenna.”
Schools. See “Educational Facilities.”
Second Dwelling Unit. See “Accessory Dwelling Unit.”
Senior Residential Projects (Land Use). Dwellings designed for persons at least 62 years of age, or a person at least 55 years of age who meets the qualifications found in Civil Code Section
51.3. Includes senior apartments, retirement communities, retirement homes, homes for the aged. Does not include extended care facilities such as convalescent homes or skilled nursing facilities (“Medical Services - Extended Care”); assisted living facilities or senior care facilities (“Residential Care Facilities”).
Service Station. See “Vehicle Services – Service Stations.” Setback. The distance by which a structure, parking area, or other development feature shall be separated from a lot line, other structure or development feature, street centerline, or easement.
See Figure 8-10 (Setbacks). See also “Yard.”
Figure 8-10
Setbacks
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Packet Pg. 1625 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1046 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 68 Setback Area. An area within a parcel that is established for the purpose of governing the location of structures on the parcel. A setback area is an open space area located between a lot line and the nearest relevant parallel setback line, unobstructed and unoccupied from the ground upward except as allowed in Section 17.305.120 (Setback Regulations and Exceptions).
See also “Yard.”
Front setback area. An area extending across the full width of the parcel between the front lot line and the required front setback line.
Rear setback area. An area extending across the full width of the parcel between a rear lot line and the required rear setback line.
Side setback area. An area extending from the front setback line to the rear lot line between the nearest side lot line and the required side setback line.
Setback Line. A line delineating the minimum required distance between the lot line and a structure on the same parcel.
Shopping Center. A group of multi-tenant architecturally unified commercial retail establishments built on a parcel that is planned, developed, and managed as a single operating unit.
Neighborhood Shopping Center (Up to 50,000 square feet). Provides for the sale of convenience goods (food, drugs, and sundries) and personal services (laundry and dry cleaning, barbering, shoe repairing, etc.) for the day-to-day living needs of the immediate neighborhood with a supermarket being the principal tenant.
Community Shopping Center (50,001 - 150,000 square feet). In addition to providing for the sale of convenience goods and personal services, this intermediate type of center provides for the sale of soft lines (apparel) and hard lines (hardware, appliances, etc.), with two or more anchor tenants (i.e., a junior department store, variety store, or discount department store as one anchor tenant, in addition to a supermarket).
Regional Shopping Center (150,001 square feet and over). Provides shopping goods, general merchandise, apparel, furniture, and home furnishings in full depth and variety.
Short Term Rental. The rental of a dwelling unit or a portion thereof, or habitable accessory structure associated with a primary dwelling unit, by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of fewer than thirty (30) consecutive calendar days. The rental of units within city-approved hotels, motels, or bed and breakfasts shall not be considered a short-term rental.
Signs. See Chapter 17.335 (Sign Standards).
Single-Family Dwelling. See “Dwellings.”
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Packet Pg. 1626 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1047 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 69 Single Room Occupancy (SRO) Facility. A facility with small furnished rooms and common facilities and services for laundry, cleaning, personal hygiene, and meals or with furnished studio-type apartment units that are each a minimum of 550 square feet in size. Rooms or units are intended to provide affordable private housing for lower- income individuals, seniors, and persons with disabilities and to serve as an entry point into the housing market for formerly homeless people.
Site Plan and Design Review. A type of discretionary permit that provides a process for the appropriate review of development projects (i.e., site layout and structural development), in compliance with Chapter 17.630 (Site Plan and Design Review).
Slope. Land gradient described as the vertical rise divided by the horizontal run, and expressed in percent or ratio. See Section 17.305.070 (Hillside Development).
Solar Collector. A device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy and that contributes significantly to a structure’s energy supply.
Solar Energy System. Includes: (1) A design using natural and architectural features to cool or heat a structure, or (2) a mechanical assembly that may include a solar collector, storage facility, and any other components needed to cool or heat a structure.
South Coast Air Quality Management District (SCAQMD). SCAQMD is the air pollution control district for the area that includes the County of Riverside and portions of Los Angeles, Orange, and San Bernardino Counties. See also “Air Quality Management Plan (AQMP).” Specialty Food Store. See “Food and Beverage Sales.”
Specific Plan. A plan consisting of text, maps and other documents regulating development within a defined area, consistent with the General Plan and the Government Code. See Chapter
17.635 (Specific Plans).
Sphere of Influence. A sphere of influence is the probable ultimate physical boundary of a city as established by the Local Agency Formation Commission (LAFCO) in compliance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 et seq.). A sphere of influence contains unincorporated County land that is located outside a city’s boundaries and that relates to the city’s planning efforts.
Stone and Cut Stone Products Manufacturing (Land Use). Manufacturing establishments engaged primarily in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments engaged primarily in buying or selling partly finished or finished monuments and tombstones.
Storage, Outdoor. See “Outdoor Display and Sales.”
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Packet Pg. 1627 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1048 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 70 Storage Facility, Personal (Land Use). A structure or group of structures where individual storage spaces are leased to individuals, organizations, or businesses for self-service storage of personal property, goods, and wares. Also known as mini–storage facilities.
Story. The portion of a building included between the upper surface of any floor and the upper surface of the floor next above it, except that the topmost story shall be that portion of the building included between the upper surface of the topmost floor and the ceiling above.
Street. A public thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane, court or private easement, not including freeways, providing any access to and egress from the property abutting thereon.
Street Frontage. The distance along which a property line of a lot adjoins a public or private street.
Structural Clay, Pottery, and Ceramic Products Manufacturing (Land Use). Manufacturing establishments producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, various ceramic and fine earthenware products, and porcelain electrical supplies and parts. Artist/craftsman uses are included in “Small Scale Manufacturing,” “Cottage Business,” or “Home Occupations.” Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
Structure, Accessory. See “Accessory Residential Structure.” Structure, Attached. A structure that has a wall or roof in common with another structure.
Structure, Detached. A structure that does not have a wall or roof in common with another structure.
Structure, Principal. A structure in which is conducted the principal use of the parcel or building site.
Structure Coverage. See “Coverage.”
Studio Apartment. A dwelling unit that has one combined living and sleeping room. May also have a separate room containing only kitchen facilities and also a separate room containing only sanitary facilities.
Studios for Art, Dance, Martial Arts, Music, etc. (Land Use). Small-scale facilities, typically accommodating one group of students at a time, in no more than one instructional space, for short periods of time. These include facilities for: individual and group instruction and training in the arts; karate/martial arts training studios; photography and the processing of photographs produced only by users of the studio facilities; production studios for individual filmmakers,
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Packet Pg. 1628 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1049 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 71 musicians, painters, sculptors, photographers, and other artists; gymnastics instruction, and aerobics and gymnastics studios with minimal fitness equipment (e.g., floor pads, small free weights, etc.). These uses may also include accessory retail sales of products related to the services provided. Larger facilities are included under the definition of "Education Institutions, Private and Public."
Supermarket. See “Food and Beverage Sales.”
Supportive Housing. As defined in Health and Safety Code Section 50801(e), housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing; improving his or her health status; and maximizing his or her ability to live and, when possible, work in the community.
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Packet Pg. 1629 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1050 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 72
17.800.210 – Definitions, "T"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Tattoo Parlor / Body Piercing Studio. An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See “Personal Services – Restricted.” Tattooing Any method of placing permanent designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to contact or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding.
Telecommuting. An employee foregoes a trip to the normal work site and instead works from home or from a satellite office near home.
Temporary Structure. A structure without any permanent foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Temporary Use (Land Use). A use established for a limited period of time, typically less than 12 months, with the intent to discontinue the use at the end of the time period. Examples of temporary uses include: art shows, car washes, charitable functions, seasonal sales lots. See Chapter 17.640 (Temporary Use Permits).
Temporary Use Permit. A type of discretionary permit that, if approved, would allow a use to occupy a site for a limited period of time, typically less than 12 months, in compliance with Chapter 17.640 (Temporary Use Permits).
Textile and Leather Product Manufacturing (Land Use). Manufacturing establishments engaged in performing any of the following operations:
coating, waterproofing, or otherwise treating fabric
dyeing and finishing fiber, yarn, fabric, and knit apparel manufacture of knit apparel and other finished products from yarn manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles manufacture of shoes
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Packet Pg. 1630 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1051 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 73 manufacture of woven fabric, carpets and rugs from yarn preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage
upholstery manufacturing
Theater (Land Use). An indoor facility for group entertainment, other than sporting events.
Examples of these facilities include:
civic theaters, and facilities for "live" theater and concerts movie theaters
Townhouse. A structure designed for or used exclusively for residential purposes of one family. The structure is attached to similar structures forming groups of four but typically not more than eight dwellings in a linear arrangement and separated vertically by party walls. Each dwelling unit has a totally exposed front and rear wall to be used for direct ground-level access to the outdoors.
Traffic Visibility Area. An area of unobstructed vision at street corners, street and driveway corners, or street and alley corners to provide for pedestrian and traffic safety. See Section
17.305.150 (Traffic Visibility Area).
Transfer of Development Rights (TDR). See Chapter 17.645 (Transfer of Development Rights).
Donor site. A site (e.g., one or more parcels of land) that is the subject of a transfer of development rights, where the owner of the site is donating or conveying development rights of the site, and on which those rights so conveyed are extinguished and may not be used by reason of the transfer of development rights.
Receiver site. A site (e.g., one or more parcels of land located in one or more areas of the City) that is the subject of a transfer of development rights, where the owner of the site is receiving development rights, directly or by intermediate transfers, from a donor site, and on which increased density or intensity is allowed by reason of the transfer of development rights.
Transit Stop Shelter (Land Use). A small-scale covered waiting area for people waiting for buses and taxis.
Transitional Housing. As defined in Health and Safety Code Section 50801(i), Housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. May include self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing.
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Packet Pg. 1631 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1052 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 74 Transportation Demand Management (TDM). A strategy for reducing demand on the road system by reducing the number of vehicles using the roadways or increasing the number of persons per vehicle. TDM attempts to reduce the number of persons who drive alone on the roadway during the commute period and to increase the number of carpools, vanpools, buses and trains, walking, and biking.
Transportation Service Dispatch Facility (Land Use). A base facility where taxis or limousines are stored until dispatched, or where ambulance vehicles and crews not based at a hospital or fire department stand by for emergency calls. Does not include dispatch services that have no on-site vehicle storage, which are instead included under "Office - Professional/ Administrative." Does not include facilities for the repair of vehicles.
Triplex. See “Dwelling, Multi-Family.”
Truck and Freight Terminals (Land Use). Transportation establishments furnishing services incidental to air, motor freight, and rail transportation. Accessory uses may include restrooms, showers, restaurants, computer and phone rooms, recreation rooms, etc.). Does not include Vehicle Storage (Land Use). Examples of this land use includes:
freight forwarding services
freight terminal facilities
joint terminal and service facilities
packing, crating, inspection and
weighing services
postal service bulk mailing
distribution centers
transportation arrangement services
trucking facilities, including transfer
and storage
Truck Sales. See “Construction, Farm, and Heavy Equipment Sales.”
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Packet Pg. 1632 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1053 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 75
17.800.220 – Definitions, "U"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Use. The purpose for which land or a structure is arranged, designed or intended, or for which either land or structure is or may be occupied or maintained.
Accessory Use. A use incidental to, and customarily associated with, a specific principal use, located on the same parcel.
Allowed Use. A use that may be located, maintained, or operated subject to a planning permit identified as a requirement in Article 2 (Zones, Allowable Land Uses, and Zone Specific Standards).
Principal Use. The primary or predominant use of any parcel or structure.
Utility Facility (Land Use). A fixed-base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. These uses include any of the following facilities that are not exempted from planning permit requirements by Government Code Section 53091:
electrical substations and switching stations
natural gas regulating and distribution facilities
public water system wells, treatment plants and storage tanks telephone switching facilities
wastewater treatment plants, settling ponds and disposal fields Utility Infrastructure (Land Use). Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include "Utility Facility."
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Packet Pg. 1633 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1054 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 76
17.800.230 – Definitions, "V"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Variance. A discretionary entitlement that, if approved, allows the waiver or relaxation of specified development standards of this Development Code, in compliance with Chapter 17.650 (Variances and Minor Variances).
Vehicle. Any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys, or other public ways.
Vehicle, Commercial. Any vehicle larger than a pickup truck, includes semi-trucks and trailers, delivery vans. Does not include recreational vehicles regardless of gross vehicle weight rating (see “Recreational Vehicle”).
Vehicle Miles Traveled (VMT). The measurement of the total miles traveled by all motor vehicles in a specified area during a specified time. One vehicle traveling one mile constitutes one vehicle-mile. VMT helps analysts determine road construction and maintenance needs, predict future surface demands, and estimate environmental costs.
Vehicle Rentals, Sales, and Services (Land Use).
Construction, Farm, and Heavy Equipment Sales and Rentals (Land Use). Retail establishments selling or renting construction, farm, or other heavy equipment.
Examples include cranes, earth-moving equipment, tractors, combines, heavy-duty trucks, etc. See also “Vehicle Rentals, Sales, and Services.” Heavy-Duty Truck. Any vehicle exceeding a gross vehicle weight rating of 18,500 pounds or any truck-tractor or semi-trailer.
Semi-Trailer. A trailer used in conjunction with a truck-tractor and designed so that a considerable part of its own weight or that of its load rests upon and is carried or drawn by the truck-tractor.
Truck-Tractor. A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn.
Mobile Home, Boat, or Recreational Vehicle (RV) Sales. The retail sale of mobile homes, or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, motor homes, recreational vehicles, and travel
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Packet Pg. 1634 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1055 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 77 trailers. Does not include the sale of automobiles (see “Vehicle Sales”) or commercial vehicles or heavy trucks (see “Construction, Farm, and Heavy Equipment”).
Vehicle Parts and Supplies Sales (Land Use). The retail sale of new vehicle or motorcycle parts, tires, and accessories within an enclosed structure. Does not include establishments that provide installation and repair services (see "Vehicle Services – Minor Maintenance/Repair" and “Vehicle Services - Major Repair/Body Work”); or businesses dealing exclusively in used parts (see "Recycling - Scrap and Dismantling Yards”).
Vehicle Rentals (Land Use). A retail or wholesale establishment renting automobiles, light duty trucks, and motorcycles.
Office Only. An office that arranges the rental of automobiles, light duty trucks, motorcycles, and vans with no on-site storage or incidental maintenance of vehicles.
General. Rental of automobiles, light duty trucks, motorcycles, and vans, including onsite storage and incidental maintenance that does not require pneumatic lifts.
Vehicle Sales (Land Use). Establishments selling or leasing automobiles, motorcycles, golf carts, light duty trucks, and vans. May also include vehicle rentals, repair shops, and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see “Vehicle Parts and Supplies Sales”); bicycle and moped sales (see “Retail Stores”); tire recapping establishments (see “Major Repair/Body Work”); mobile home, recreational vehicle, or watercraft sales (see "Mobile Home, RV and Boat Sales"); businesses dealing exclusively in used parts (see “Recycling - Scrap and Dismantling Yards”); commercial vehicle and heavy duty truck sales (see “Construction, Farm, and Heavy Equipment Sales”); or gas/fuel stations (see “Vehicle Services - Service Stations”).
Vehicle Services (Land Use). The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, light duty trucks, recreational vehicles, boats, golf carts, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories:
Car Washing. A commercial facility for washing automobiles, light duty trucks, and vans where facility employees wash or dry the vehicles; the customer washes the vehicle using on-site equipment, or drives through an automated car washing and drying facility; or the customer washes the vehicle using on-site equipment.
Minor Maintenance/Repair/Installation. Minor repair of golf carts, automobiles, motorcycles, recreational vehicles, or light duty trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including detailing services; installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel and exhaust systems; brake adjustments, relining and repairs; oil and lube shops; tire and battery sales and installation (not including recapping); and
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Packet Pg. 1635 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1056 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 78 wheel alignment and balancing. Does not include any type of car washing service (“Car Washing”).
Major Repair/Body Work. Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages; body and fender shops; brake shops; machine shops; paint shops; tire sales and installation shops; towing services; transmission shops; and salvage tire recapping. Does not include vehicle dismantling (see “Recycling - Scrap and Dismantling Yards”).
Service Station. A commercial facility that sells gasoline, diesel, or alternative fuel for the on-site fueling of individual vehicles. May include incidental "minor" maintenance and repair of automobiles and light duty trucks, vans, or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds). May also include a convenience store operated by the service station owner (see “Convenience Store”).
Towing and Storage. An establishment that dispatches tow trucks and that may include the temporary outdoor storage of wrecked and other inoperable vehicles. Does not include vehicle dismantling (see “Recycling - Scrap and Dismantling Yards”) or storage of operative vehicles (see “Vehicle Storage”).
Vehicle Storage (Land Use). A facility for the storage of operative automobiles and other fleet vehicles, trucks, buses, recreational vehicles, truck-tractors, semi-trailers, and other motor vehicles. Includes facilities for the storage or servicing of fleet vehicles. Also includes temporary outdoor storage for passenger vehicles that are impounded and are to be claimed by titleholders or their agents. Does not include commercial parking lots (see “Parking Facilities” or vehicle dismantling (see "Recycling - Scrap and Dismantling Yards").
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Packet Pg. 1636 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1057 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 79
17.800.240 – Definitions, "W"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Wall. See “Fence.”
Warehouses, Wholesaling, and Distribution (Land Use). These facilities include:
Warehouses. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or personal, self, or mini-storage facilities offered for rent or lease to the general public (see “Storage Facility, Personal”); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesaling and Distribution”); or terminal facilities for handling freight (see “Truck and Freight Terminals”).
Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes the following establishments:
agents, merchandise or commodity brokers, and commission merchants assemblers, buyers and associations engaged in the cooperative marketing of farm products
merchant wholesalers
stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.
Also includes storage, processing, packaging, and shipping facilities for mail order and e-commerce retail establishments.
Wind Energy Conversion System (WECS)/Windmill. See “Alternative Energy.” Wireless Telecommunications Carrier. Every person that directly or indirectly owns, controls, operates, or manages plant, equipment, or property within the City, used or to be used for the purpose of offering wireless telecommunications service.
Wireless Telecommunications Facilities (Land Use). The structure, equipment, and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennas, antenna support structures, building attached facilities, associated support structures, electronics, and other
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Packet Pg. 1637 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1058 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 80 appurtenances used or to be used to transmit, receive, distribute, provide, or offer wireless telecommunications services.
Wireless Telecommunications Provider. Every person who provides wireless telecommunications services over wireless telecommunications facilities without any ownership or management control of the facilities.
Wireless Telecommunications Services. The providing or offering for rent, sale, lease, or in exchange for other value received, directly to the public, or to classes of users as to be effectively available directly to the public, the transmission between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent or received by way, without limitation, of voice, data, image, graphic, and video programming information, regardless of the facilities used and with or without benefit of any closed transmission medium, by persons, such as, but not limited to, cellular services; paging; personal telecommunications services; other commercial, private, and public safety radio services; commercial mobile services; and common carrier wireless exchange access services, as either defined or amended by competent authority and modified by the City of San Jacinto.
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Packet Pg. 1638 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1059 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 81
17.800.250 – Definitions, "X"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Xeriscape. Landscaping designed to reduce or eliminate the need for irrigation through the use of low water use or drought tolerant plants.
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Packet Pg. 1639 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1060 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 82
17.800.260 – Definitions, "Y"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Yard. The area between a lot line and the side of a principal structure. An area of a yard may be smaller (if a nonconforming lot), the same, or larger in size than a required setback area. See Figure 8-11 (Yards). See also “Setback.”
Figure 8-11
Yards
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Packet Pg. 1640 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1061 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) DEFINITIONS 17.800
San Jacinto Development Code, Title 17 December 2022 8 - 83
17.800.270 – Definitions, "Z"
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. These definitions are in alphabetical order.
Zero-Lot Line. The location of a structure on a parcel so that one or more of the structure’s sides rests directly on or immediately adjacent to the lot line. See Figure 8-12 (Zero Lot Line Development).
Zero-Lot Line Development. Any subdivision or site plan in which any structure is sited on a parcel so that one or more of the structure’s sides rests directly on or immediately adjacent to the lot line. See Figure 8-12 (Zero Lot Line Development).
Figure 8-12
Zero Lot Line Development
Zone. The Zone applied to a site by the Zoning Map, to which an overlay Zone my also be applied subject to overlay Zone location regulations.
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Packet Pg. 1641 Attachment: B.9 - Exhibit I Article 8 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1062 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 1 A-2
Article 9
State-Mandated Procedures
Table of Contents
Chapter 17.900 – General ........................................................................................................... 2
17.900.010 — Purpose............................................................................................................ 2
17.900.020 — Applicability ................................................................................................... 2
17.900.030 — Definitions....................................................................................................... 2
17.900.040 — Approval Authority....................................................................................... 3 Chapter 17.905 – SB 9 – Urban Lot Splits................................................................................ 5
17.905.010 — Applicants; Approval Authority ................................................................. 5
17.905.020 — Development and Subdivision Standards.................................................. 6
17.905.030 — Grounds for Denial ........................................................................................ 7
17.905.040 — Standards Specific to Urban Lot Splits ..................................................... 10
17.905.050 — Separate Conveyance................................................................................... 12
17.905.060 — Restriction of Uses ....................................................................................... 12
17.905.070 — Deed Restriction ........................................................................................... 13
17.905.080 — Review for Parcel Merger or Reversion to Acreage................................ 14 Chapter 17.905 – SB 9 – Two-Unit Projects........................................................................... 15
17.910.010 — Applicants; Approving Authority............................................................. 15
17.910.020 — Objective Development Standards ............................................................ 16
17.910.030 — Grounds for Denial ...................................................................................... 16
17.910.040 — Standards Specific to Two-Unit Projects .................................................. 18
17.910.050 — Separate Conveyance................................................................................... 20
17.910.060 — Restriction of Uses ....................................................................................... 21
17.910.070 — Deed Restriction ........................................................................................... 21
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Packet Pg. 1063 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 2 A-2
Chapter 17.900 – General
Sections:
17.900.010 — Purpose
17.100.020 — Adoption
17.900.020 — Applicability
17.900.030 — Definitions
17.900.040 — Approval Authority
17.900.010 — Purpose
The purpose of this Article is to implement the provisions of Senate Bill 9 and any other land use procedure that state law mandates on the City but that would otherwise be inconsistent with the City’s land use and development policies, procedures or regulations. The purpose of this Article is to implement all City land use and development policies, procedures or regulations to the maximum extent allowed under state law.
17.900.020 — Applicability
This Chapter shall only apply to the extent that the City is required to ministerially approve applications for development actions under state law provisions. This Article shall not be construed to allow any greater rights to approval of a development application than the City is required to grant under state law. To the extent any statemandated procedure in this Article is repealed, determined to be unlawful or is otherwise not mandatory upon the City, then this Article shall not allow for approval of any such applications. This provisions of this Article shall continue to apply to any development applications previously approved hereunder.
Specifically, this Article shall apply to:
A. Urban lot splits under Government Code section 66411.7.
B. Two unit projects under Government Code section 65852.21.
17.900.030 — Definitions
Terms defined in Chapter 17.800 of this Development Code shall have the same meanings in this Article. The following terms used in this Article shall be defined as follows:
A. “Individual property owner” means a natural person holding fee title individually
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San Jacinto Development Code, Title 17 December 2022 9 - 3 A-2
or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code section 214.15).
B. “MSHCP” means the Western Riverside County Multiple Species Habitat Conservation Plan, as implemented by City Council through Resolution No. 2479 and all related actions and obligations incorporated thereunder.
C. “MSHCP Area” means the land that is identified by the MSHCP for conservation, including reserve assembly, has the potential for on-site biological resources outlined in the MSHCP, or is subject a HANS or JPR process. Terms used in this paragraph shall have the meanings utilized by the Western Riverside County Regional Conservation Authority in its implementation of the MSHCP.
D. “Specific adverse impact” has the same meaning as in Government Code section 65589.5(d)(2), which is 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 the application was deemed complete, and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).
E. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.
F. “Urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of Government Code section 66411.7 and this Chapter pursuant to a ministerial approval process.
17.900.040 — Approval Authority
A. Director. The Director shall have authority to approve or deny all applications that are subject to ministerial approval in accordance with this Article.
B. Appeal. The applicant may appeal a decision of the Director under this Article in accordance with Chapter 17.715. Review on appeal shall be ministerial and shall
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Packet Pg. 1644 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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San Jacinto Development Code, Title 17 December 2022 9 - 4 A-2
be limited to a determination as to whether the application meets all requirements for approval. The applicant shall have the burden of showing in all respects that the City must ministerially approve the application as presented.
1. Specific Adverse Impacts. If the applicant contends that specific adverse impacts of the proposed project can be satisfactorily mitigated or avoided, then the appeal must set forth in detail how the applicant will mitigate or avoid such specific adverse impacts. If the applicant contends that there are no specific adverse impacts, the applicant shall submit all information to rebut the Director’s finding with the appeal.
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Packet Pg. 1645 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
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Packet Pg. 1066 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 5 A-2
Chapter 17.905 – SB 9 – Urban Lot Splits
Sections:
17.905.010 — Applicants; Approval Authority
17.905.020 — Development and Subdivision Standards
17.905.030 — Grounds for Denial
17.905.040 — Standards Specific to Urban Lot Splits
17.905.050 — Separate Conveyance
17.905.060 — Restriction of Uses
17.905.070 — Deed Restriction
17.905.080 — Review for Parcel Merger or Reversion to Acreage
17.905.010 — Applicants; Approval Authority
A. Owners/Lienholders. Only individual property owners may apply for an urban lot split. Any person with a security interest in, or other senior lien against, the lot to be split as an urban lot split must consent and subordinate to recordation of the restrictions resulting from the urban lot split against the title of the property.
B. Application. An application for an urban lot split must be submitted on a form approved by the Director and shall contain all information that the Director requires. Only a complete application will be considered. The City’s application form shall, at a minimum, require the applicant to submit the following:
1. Evidence that the applicant is an individual property owner of the lot to be split.
2. If applicable, compliance with the consent and subordination requirements provided in subsection (A above.
3. A signed affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
4. A signed affidavit indicating that the applicant acknowledges and agrees that each lot created by the urban lot split will be used for residential purposes only and that the applicant intends to use the lots for that purpose.
5. A signed affidavit stating that there are no conditions, covenants or restrictions on the property that prohibit subdivision of the property, and
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if requested by city, any supporting documentation showing that there are no such conditions, covenants or restrictions on the property.
6. If the lot would result in the demolition or alteration of existing housing, proof that no housing on the lot has been occupied by a tenant within the last three years.
7. Proof that none of the circumstances set forth in section 17.905.030(F) (Prior Urban Lot Split) are present.
8. Proof that none of the circumstances set forth in section 17.905.030(E) (Historic Properties and Districts) and section 17.905.030(G) (Impact on Protected Housing) are present.
9. Proof of any inspections required under section 17.905.030(D).
10. A title report, litigation guarantee or other documentation showing evidence of any senior security interests or liens against the property.
C. Application Fee. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Chapter, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. In absence of an established fee that is specific to an urban lot split, an applicant shall pay all fees related to processing a parcel map. The fee may be in the form of a deposit for the City’s actual costs incurred.
17.905.020 — Development and Subdivision Standards
A. Objective Development Standards. An urban lot split, and any development of a parcel created from an urban lot split, shall comply with all requirements of this Chapter, all objective development standards set forth in this Code or otherwise established by the City, and all other City requirements that are not in conflict with Government Code section 66411.7.
B. Subdivision Standards. Except as otherwise expressly provided in this Chapter, an urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Government Code section 66410 et. seq.) and Title 16 of the San Jacinto Municipal Code. The Director shall be the approval authority for both the tentative and final map.
1. Exception. No dedication of rights-of-way or construction of offsite improvements shall be required for an urban lot split. This exception shall
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only apply to the extent that Government Code section 66411.7 precludes the city from requiring dedications of rights-of-way or construction of offsite improvements. This section shall not preclude denial of an urban lot split if the project would have a specific adverse impact on either public health and safety or on the physical environment unless the applicant dedicates rights-of-way or constructs offsite improvements.
17.905.030 — Grounds for Denial
The Director shall deny an application for an urban lot split if any of the following are true:
A. Development and Subdivision Standards. The lot to be split does not satisfy the requirements of 17.905.020 — Development and Subdivision 17.905.020 — Development and Subdivision 17.905.020 — Development and Subdivision Standards17.905.020 — Development and Subdivision Standards, or 17.905.040 — Standards Specific to Urban Lot Splits17.905.040 — Standards Specific to Urban Lot Splits).
B. Zone. The lot to be split is not zoned for single family residential uses. If the lot is designated as a Specific Plan area, then it will be considered to be zoned for residential uses under this section if the lot is within a portion of the Specific Plan where a single family residence is a permitted use.
C. Statutory Exemptions. The lot to be split does not satisfy the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Government Code section 66411.7(a)(3)(C).)
1. Protected Habitat. The exemption under Government Code section 65913.4(a)(6)(J) shall apply to all land within the MSHCP Area.
D. Inspection.
1. Very High Fire Hazard Severity Zone. For lots within a very high fire hazard severity zone, the application does not include proof of an inspection by the City’s building official or other City designee confirming full compliance all existing fire and building code standards.
2. Earthquake Fault Zone. For lots within a delineated earthquake fault zone, the application does not include proof of an inspection by the City’s
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building official or other City designee confirming full compliance with applicable seismic protection building code standards. Such inspection shall include all standard City requirements for development within an earthquake fault zone.
E. Historic Properties and Districts. The lot to be split is a historic property or within a historic district that is included on the State Historic Resources Inventory or the lot to be split is within a site that is designated by ordinance as a city landmark or as a historic property or within a historic district.
F. Prior Urban Lot Split. The lot to be split was established through a prior urban lot split, or the lot to be split is adjacent to a lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.
G. Impact on Protected Housing. The urban lot split requires or includes the demolition or alteration of any of the following types of housing:
1. Housing that is income-restricted for households of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
4. Housing that has been occupied by a tenant in the last three years.
H. Lot Size.
1. The lot to be split is smaller than 2,400 square feet.
2. Either resulting lot is less than 1,200 square feet.
3. Either resulting lot is more than 60 percent or less than 40 percent of the original lot area.
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I. Unit Count. Either or both of the resulting lots will have more than two units. For purposes of this section, a “unit” is any type of dwelling, including but not limited to an ADU or JADU, except to the extent such definition is determined to be inconsistent with Government Code section 66411.7.
J. Easements. The applicant does not convey all easements required for the provision of public services and facilities.
K. Specific Adverse Impacts. If the Director makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
1. A specific adverse impact includes, but is not limited to, the following:
a. The subdivision or development within the MSHCP Area, which is based on the specific and defined environmental impacts on protected species and habitat, as well as established procedures for mitigating and avoiding such impacts as set forth in the MSHCP. b. Any lot split which results in a driveway or other vehicular access that does not provide safe access into traffic or onto the lot from traffic.
2. Because Government Code section 66411.7 precludes the City from requiring any dedication of rights-of-way or construction of offsite improvements, the Director shall deny any application where either dedication of rights-of-way and/or construction of offsite improvements is necessary to satisfactorily mitigate a specific adverse impact, including but not limited to where a subdivision or development of property would otherwise require a dedication for sidewalk, parkways, curbs, gutters, street and road improvements or other traffic improvements.
3. The City Council may establish additional guidelines that set forth circumstances where a project will have a specific adverse impact on either the public health and safety or on the physical environment. Nothing herein shall hinder or constrain the Director’s discretion to make written findings,
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based on a preponderance of the evidence, that a project would have a specific adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
L. Not Feasible For Residential Use. If either resulting lot is not feasible for residential use.
M. No Legal Requirement. If for any reason, including but not limited to repeal of Government Code section 66411.7, initiative or referendum, court decision or any circumstance in which section 66411.7 does not obligate the ministerial approval of an urban lot split, or if for any reason the Director is not required to ministerially approve an urban lot split.
17.905.040 — Standards Specific to Urban Lot Splits
A. Applicability. The following development standards shall apply to urban lot splits subject to approval under this Chapter. This section shall govern in the event of a conflict between this section and any other development standard contained outside of Chapter 17.905.
B. Lot Access. Each resulting lot must have direct access to the public right-of-way, which shall be shown on the tentative and final map.
C. Unit Quantity. No more than two units of any kind are permitted on any lot created by an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Chapter 17.910 (SB 9 Two-Unit Projects), an ADU or a JADU.
D. Unit Size. Notwithstanding any other provisions of the Development Code, a unit other than an ADU or JADU on any lot resulting from an urban lot split shall be limited as follows:
1. The total floor area of each residential unit developed on a lot to be split must be less than or equal to 800 square feet and more than 500 square feet.
2. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet in floor area is limited to the lawful
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floor area and structural footprint at the time of the urban lot split. It may not be expanded.
3. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet in floor area may be expanded to 800 square feet in floor area after the urban lot split.
E. Setbacks.
1. Subject to subsections (2) and (3) below, development on either or both of the resulting lots does must comply with all standard setbacks for its location.
2. Only to the extent necessary to avoid a conflict with Government Code section 66411.7, no setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
3. A unit may encroach into the side or rear setback only if strict application of the setback standard would have the effect of physically precluding the construction of two units of up to 800 square feet on a resulting parcel, in which case the encroachment into the setback shall be only as necessary to enable construction of the unit or units at a maximum size of 800 square feet. However, in no event may any unit be constructed without at least providing a four foot setback from the side and rear lot lines.
F. Parking. Subject to Government Code section 66411.7(e)(3)(A)-(B), each new primary dwelling unit that is built on a lot after the urban lot split must provide at least one off-street parking space per unit. This section does not preclude an applicant from complying with the City’s standard parking requirements.
G. Utilities. Each dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
1. For each dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system, the applicant must: (1) demonstrate that each primary dwelling unit will have its own septic tank and leach line; (2) submit a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
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This section shall not be interpreted to allow an onsite water treatment system where a sewer connection is available or where the property is required to connect to sewer.
17.905.050 — Separate Conveyance
A. Within Resulting Lots. Within a resulting lot:
1. Dwelling units on a single lot that is created by an urban lot split may not be owned or conveyed separately from each other.
2. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
3. All fee interest in a lot must be held equally and undivided by all individual property owners.
B. Between Resulting Lots. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate conditions, covenant, restrictions, easements or other documentation that is necessary to allocate risk and responsibility between the owners of the two lots.
17.905.060 — Restriction of Uses
A. Residential-only. No non-residential use is permitted on any lot created by an urban lot split.
B. No Short Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
C. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
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17.905.070 — Deed Restriction
A. Required Provisions. An urban lot split shall not become effective unless the owner records a deed restriction with senior-lien priority for the benefit of the City, in a form acceptable to the Director and the City Attorney, that provides constructive notice of the restrictions resulting from an urban lot split and does each of the following:
1. Gives notice that the parcel was created through an urban lot split.
2. Gives notice of any site limitations resulting from the urban lot split, including but not limited to the size of units on the parcel and the allowable uses for the parcel.
3. Expressly prohibits any development or construction on the parcel that would be inconsistent with this Chapter.
4. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
5. Expressly prohibits any non-residential use of the lots created by the urban lot split.
6. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
7. Identifies the City as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions.
B. Mortgagee Consent and Subordination.
1. The owner shall obtain the consent of any person holding a security interest in the lot, or any other senior lienholder, to subordinate such interest to the deed restriction, and the subordination agreement shall be recorded together with the deed restriction.
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2. The Director may require the owner to submit a title report, litigation guarantee or similar document in order to show proof that the deed restriction will be in senior position.
C. Recordation. The deed restriction and any subordination agreement shall be recorded concurrently with the final map. Submitting a final map for approval shall be deemed to be the applicant’s consent to the City to record the deed restriction with the final map.
D. Building Permit. The Director shall not issue a building permit for development on any lot created through an urban lot split unless the applicant provides a recorded copy of a deed restriction and any applicable subordination agreement that satisfies the provisions set forth in subsections (A) – (C) above.
17.905.080 — Review for Parcel Merger or Reversion to Acreage A. Grounds. For any lot created by an urban lot split, the City Council may initiate proceedings to effectuate a reversion to acreage or a lot merger in accordance with the Subdivision Map Act and any applicable City procedures. City staff shall review whether a reversion to acreage or parcel merger is warranted if any of the following have occurred:
a. If more than one year has elapsed since the lot was created and a building permit for residential development thereon has not been issued; b. The holder of a building permit does not commence construction within 18 months of the date the permit was issued; or
c. The lot is otherwise subject to a reversion to acreage or a lot merger.
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Chapter 17.905 – SB 9 – Two-Unit Projects
Sections:
17.910.010 — Applicants; Approving Authority
17.910.020 — Objective Development Standards
17.910.030 — Grounds for Denial
17.910.040 — Standards Specific to Two-Unit Projects
17.910.050 — Separate Conveyance
17.910.060 — Restriction of Uses
17.910.070 — Deed Restriction
17.910.010 — Applicants; Approving Authority
A. Owners/Lienholders. Only individual property owners may apply for a twounit project. Any person with a security interest in, or other senior lien against, the lot to be developed with a two-unit project must consent and subordinate to recordation of the restrictions resulting from the two-unit project against the title of the property.
B. Application. An application for a two-unit project must be submitted on the City’s approved form. Only a complete application will be considered. The City’s application form shall, at a minimum, require the applicant to submit the following:
1. Evidence that the applicant is an individual property owner.
2. If applicable, compliance with the consent and subordination requirements provided in subsection (A above.
3. Proof that none of the circumstances set forth in section 17.910.030(F) (Historic Properties and Districts) and section 17.910.030(G) (Impact on Protected Housing) are present.
4. A signed affidavit indicating that the applicant acknowledges and agrees that the lot will be used for residential purposes only.
5. Proof of any inspections required under section 17.910.030(M.1).
6. Proof that the requirements of section 17.910.040(E) (Demo Cap) are satisfied.
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7. If the lot would result in the demolition or alteration of existing housing, proof that no housing on the lot has been occupied by a tenant within the last three years.
8. A title report, litigation guarantee or other documentation showing evidence of any senior security interests or liens against the property.
C. Application Fee. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Chapter, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. In the absence of a fee specific to two-unit projects, the applicant shall pay the fee related to site plan review. The fee may be in the form of a deposit for the City’s actual costs incurred. Nothing in this section shall limit the requirements to pay any other City fees, including building permit processing fees.
17.910.020 — Objective Development Standards
A two-unit project shall comply with all requirements of this Chapter, all objective development standards set forth in this Code or otherwise established by the City, and all other requirements that are not in conflict with Government Code section 65852.21.
17.910.030 — Grounds for Denial
The Director shall deny an application for a two-unit project if any of the following are true:
A. Development Standards. The two-unit project does not satisfy the requirements of 17.910.020 — Objective Development Standards17.910.020 — Objective Development Standards) or 17.910.040 — Standards Specific to Two-Unit Projects17.910.040 — Standards Specific to Two-Unit Projects).
B. Lawful Subdivision. The lot was not legally subdivided.
C. Zone. The lot is not zoned for single-family residential uses. If the lot is designated as a Specific Plan area, then it will be considered to be zoned for residential uses under this section if the lot is within a portion of the Specific Plan where a single family residence is a permitted use.
D. Statutory Exemptions. The lot does not satisfy the requirements of Government Code section 65913.4(a)(6)(B)–(K). (See Government Code section
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66411.7(a)(3)(C).)
1. Protected Habitat. The exemption under Government Code section 65913.4(a)(6)(J) shall apply to all land within the MSHCP Area.
E. Inspection.
1. Very High Fire Hazard Severity Zone. For lots within a high fire hazard severity zone, the application does not include proof of an inspection by the City’s building official or other City designee confirming full compliance with all existing fire and building code standards.
2. Earthquake Fault Zone. For lots within a delineated earthquake fault zone, the application does not include proof of an inspection by the City’s building official or other City designee confirming full compliance with applicable seismic protection building code standards. Such inspection shall include all standard City requirements for development within an earthquake fault zone.
F. Historic Properties and Districts. The lot is a historic property or within a historic district that is included on the State Historic Resources Inventory or is within a site that is designated by ordinance as a city landmark or as a historic property or within a historic district.
G. Impact on Protected Housing. The two-unit project requires or includes the demolition or alteration of any of the following types of housing:
1. Housing that is income-restricted for households of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code sections 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.
4. Housing that has been occupied by a tenant in the last three years.
H. Unit Count. The applicant proposes to construct more than two units, to add a unit to a lot that already contains two or more units, to add two or more units to a
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lot with at least one existing unit, or the lot violates section 17.910.040(B).
I. Specific Adverse Impacts. If the Director makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
1. A specific adverse impact includes, but is not limited to, the following:
a. The lot is within the MSHCP Area, which is based on the specific and defined environmental impacts on protected species and habitat, as well as established procedures for mitigating and avoiding such impacts as set forth in the MSHCP.
b. The two-unit project would result in a driveway or other vehicular access that does not provide safe access into traffic or onto the lot from traffic.
2. The City Council may adopt, by resolution or ordinance, guidelines that set forth additional circumstances that create a rebuttable presumption that a project will have a specific adverse impact on either the public health and safety or on the physical environment. Nothing herein shall hinder or constrain the Director’s discretion to make written findings, based on a preponderance of the evidence, that a project would have a specific adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
J. No Legal Requirement. If for any reason, including but not limited to repeal of Government Code section 65852.21, initiative or referendum, court decision or any circumstance in which section 65852.21 does not obligate the ministerial approval of a two-unit project, or if for any reason the Director is not required to ministerially approve a two-unit project.
17.910.040 — Standards Specific to Two-Unit Projects
A. Applicability. The following development standards shall apply to two-unit projects approved under this Chapter. This section shall govern in the event of a conflict between this section and any other development standard contained outside of Chapter 17.910.
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B. No Multifamily Dwellings. A two-unit project shall not result in the creation of a multifamily dwelling. “Multifamily dwelling” or “multifamily lot” means a property that has two (2) or more permitted attached dwellings on a single lot.
Two-unit projects shall only consist of two detached dwellings on a single lot.
C. Dedications/Offsite Improvements. The applicant shall dedicate right-of-way and impose offsite improvements as would be required for any subdivision dividing the property into two lots or as otherwise would be required under any City law, regulation or policy, including but not limited to the dedication of rightof-way for, and/or improvement of, sidewalks, curb, gutter, streets, or stormwater facilities.
D. Unit Size. A unit developed under this Chapter shall be limited as follows:
1. The total floor area of each unit that is developed under this Chapter must be: (1) less than or equal to 800 square feet and (2) more than 500 square feet.
2. A unit that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet in floor area is limited to the lawful floor area and structural footprint at the time of the two-unit project. The unit may not be expanded.
3. A unit that was legally established prior to the two-unit project and that is smaller than 800 square feet in floor area may be expanded to 800 square feet in floor area after or as part of the two-unit project.
E. Demolition Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
F. Setbacks.
1. Subject to subsections (F.2) and (F.3) below, all setbacks must comply with the standard setbacks for its location.
2. Only to the extent necessary to comply with Government Code section 65852.21, no setback is required for an existing legally established structure
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or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
3. A unit may encroach into the side or rear setback only if strict application of the setback standard would have the effect of physically precluding the construction of up to two units on the lot or that would result in a unit size of less than 800 square feet in floor area, in which case the encroachment into the setback shall be only as necessary to enable construction of the unit or units at a maximum size of 800 square feet in floor area. However, in no event may any unit be constructed without at least providing a four foot setback from the side and rear lot lines.
G. Parking. Subject to Government Code section 65852.21(c)(1)(A)-(B), each new primary dwelling unit must provide at least one off-street parking space per unit.
This section does not preclude an applicant from complying with the standard parking requirements of the Development Code.
H. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
I. Utilities. Each dwelling unit on the lot must have its own direct utility connection to the utility service provider.
1. Each dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system, the applicant must: (1) demonstrate that each primary dwelling unit will have its own septic tank and leach line; (2) submit a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. This section shall not be interpreted to allow an onsite water treatment system where a sewer connection is available or required.
17.910.050 — Separate Conveyance
A. Separate Ownership or Conveyance. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
B. Condominiums. Condominium airspace divisions and common interest developments are not permitted within the lot.
4.2.l
Packet Pg. 1661 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
4.5.a
Packet Pg. 1082 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 21 A-2
C. Fee Interests. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
17.910.060 — Restriction of Uses
A. Residential-only. No non-residential use is permitted on the lot.
B. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.
C. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.
17.910.070 — Deed Restriction
A. Required Provisions. The owner must record a deed restriction with senior priority for the benefit of the City, in a form acceptable to the Director and the City Attorney, that provides constructive notice of the restrictions resulting from the two-unit project and does each of the following:
1. Gives notice that the two-unit project was created pursuant to this Chapter.
2. Gives notice of any site limitations resulting from the two-unit project, including but not limited to restrictions on off-street parking, the size of units on the parcel and on the ability to obtain a standards modification for the parcel.
3. Expressly prohibits any development or construction on the parcel that would be inconsistent with this Chapter.
4. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
5. Expressly prohibits any non-residential use of the lot.
6. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
4.2.l
Packet Pg. 1662 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
4.5.a
Packet Pg. 1083 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 9 STATE-MANDATED PROCEDURES
San Jacinto Development Code, Title 17 December 2022 9 - 22 A-2
7. Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
8. Identifies the City as an intended third-party beneficiary with the right, but not the obligation, to enforce its terms and provisions.
B. Mortgagee Consent and Subordination.
1. The owner shall obtain the consent of any person holding a security interest in the lot, or any other senior lienholder, to subordinate such interest to the deed restriction, and the subordination agreement shall be recorded together with the deed restriction.
2. The Director may require the owner to submit a title report, litigation guarantee or similar document in order to show proof that the deed restriction will be in senior position.
C. Building Permit. The Director shall not issue a building permit for any two-unit project unless the applicant provides a recorded copy of a deed restriction and applicable subordination agreement that satisfies the provisions set forth in subsections (A)-(B) above.
4.2.l
Packet Pg. 1663 Attachment: B.10 - Exhibit J Article 9 (Redline Version) (Development Code Update, Ordinance No. 23-08 (P23-044)) PC Staff Report June 27, 2023
4.5.a
Packet Pg. 1084 Attachment: A. - Planning Commission Staff Report July 27, 2023 (Introduction of Ordinance No. 23-08 (P23-044))
STATE OF CALIFORNIA ) ORDINANCE NO. 23-08
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA AMENDING MULTIPLE
ARTICLES, CHAPTERS AND SECTIONS OF TITLE 17
(DEVELOPMENT CODE) OF THE MUNICIPAL CODE FOR
ACCURACY AND CONSISTENCY
WHEREAS, the City of San Jacinto, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and, WHEREAS, on December 6, 2022, the City comprehensively amended Title 17 (Development Code) of the Municipal Code through the adoption of Ordinance No. 22-10 providing for consistency with and implementation of the recent comprehensive update to the General Plan (“General Plan 2040,” adopted on November 15, 2022); and, WHEREAS, General Plan 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 the [General Plan]”; and, WHEREAS, General Plan Economic Development Action ED-1d states that the City shall “maintain a Development Code that supports investment and innovation in the City”; and,
WHEREAS, the City has determined that further changes to the Development Code are necessary and appropriate in order to further implement the recently adopted General Plan 2040; and,
WHEREAS, the City proposes an amendment to the City’s Development Code for minor revisions, including technical clean-ups, reference corrections, and other minor changes to provisions to create internal consistency and further the intent of the 2022 comprehensive update to the Development Code, as shown in Exhibit A - J of this ordinance; and,
WHEREAS, in accordance with CEQA and the State CEQA Guidelines, the City finds the ordinance is exempt from the CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) due to the minor nature of the changes to regulation and the absence of a development project; and, WHEREAS, on June 27, 2023, the Planning Commission adopted Planning Commission Resolution No. 23-03, recommended adoption of Ordinance No. 23-08 after consideration of the amendment at a duly noticed public hearing at a regularly scheduled meeting; and,
4.5.b
Packet Pg. 1085 Attachment: B. - Draft Ordinance 23-08 (Introduction of Ordinance No. 23-08 (P23-044))
WHEREAS, on July 18, 2023, the City Council held a duly noticed public hearing at a regularly scheduled meeting to introduce 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 DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.
SECTION 2. CEQA. The ordinance is Categorically Exempt from the CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).
SECTION 3. Amendment. Title 17 (Development Code) of the San Jacinto Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A - J, attached hereto and incorporated herein by reference.
SECTION 4. Minor Revisions. The City Manager, or designee, has the authority to make minor, non-substantive revisions to Exhibit A – J for corrections to formatting, structure, numbering, etc., which may include updates to footers and headers, table of contents, section formatting, reference corrections, and typographical errors.
SECTION 5. Findings. Pursuant to Section 17.720.060, the amendments proposed under Ordinance No. 23-08 are:
1) Consistent with the General Plan and applicable specific plan. Specifically, the amendments further the purpose of the General Plan 2040, specifically as described within this resolution. This amendment does not modify or impact any adopted specific plan.
2) Not detrimental to the public interest, health, safety, convenience, or welfare of the City. The amendment is proposed to create a development and zoning code that further the intent of the General Plan of orderly development. Additionally, most of the provisions, existing and proposed, are intended to protect the public, especially residents and stakeholders of San Jacinto and surrounding areas.
3) Internally consistent with other applicable provisions of the Development Code.
The purpose of the proposed amendments is to clean up the Development Code and create internal consistency within the Development Code and the Municipal Code.
4.5.b
Packet Pg. 1086 Attachment: B. - Draft Ordinance 23-08 (Introduction of Ordinance No. 23-08 (P23-044))
SECTION 6. Effective Date. This Ordinance takes effect thirty-days (30-days) after its adoption.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of San Jacinto.
SECTION 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on the 1
st day of {month} 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
________________________________
Alonzo Ledezma, Mayor
City of San Jacinto
Attest:
__________________________________
Julia Espinoza, City Clerk
Approved as to form:
Best, Best & Krieger, LLP.
__________________________________
Craig Hayes, City Attorney
4.5.b
Packet Pg. 1087 Attachment: B. - Draft Ordinance 23-08 (Introduction of Ordinance No. 23-08 (P23-044))
EXHIBIT A - J
Amended Title 17 of the Municipal Code
(Development Code)
Table of Contents and Articles 1 - 9
(follows this page)
4.5.b
Packet Pg. 1088 Attachment: B. - Draft Ordinance 23-08 (Introduction of Ordinance No. 23-08 (P23-044))
SAN JACINTO
DEVELOPMENT CODE, TITLE 17
Adopted December 2012 &
Comprehensively Updated December 2022
As Amended Through JuneDecember
202322
4.5.c
Packet Pg. 1089 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
4.5.c
Packet Pg. 1090 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20122022 I Article 1 Development Code Authority and Applicability
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 Chapter 17.100 — Purpose and Effect of Development Code ......................................... 1-3
17.100.010 — Title .............................................................................................................. 1-3
17.100.020 — Adoption..................................................................................................... 1-3
17.100.030 — Purpose and Intent of Development Code ............................................ 1-3
17.100.040 — Authority, Relationship to General Plan................................................ 1-4
17.100.050 — Responsibility for Administration .......................................................... 1-4
17.100.060 — Applicability of Development Code....................................................... 1-5
17.100.070 — Partial Invalidation of Development Code............................................ 1-6
17.100.080 — Use of Headings......................................................................................... 1-6
17.100.090 — Effect of Development Code Amendments on Projects in Progress.. 1-6 Chapter 17.105 — Interpretation of Regulations................................................................ 1-9
17.105.010 — Purpose of Chapter.................................................................................... 1-9
17.105.020 — Rules of Interpretation.............................................................................. 1-9
17.105.030 — Procedures for Interpretations............................................................... 1-12
17.105.040 — Official Version of Development Code ................................................ 1-12
4.5.c
Packet Pg. 1091 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 II Article 2 Zones, Allowable land Uses, and Zone-Specific Standards 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 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 Exceptions .................................................................................................................................................................2-46 Chapter 17.230 — Special Purpose Zones........................................................................................2-48
17.230.010 — Purposes of the Special Purpose Zones ...................................................................2-48
17.230.020 — Special Purpose Zone Land Uses and Permit Requirements...............................2-49
17.230.030 — Special Purpose Zone Development Standards.....................................................2-50 Chapter 17.235 — Combining/Overlay Zones ................................................................................2-51
4.5.c
Packet Pg. 1092 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 III
17.235.010 — Purposes of the Combining/Overlay Zones............................................................2-51
17.235.020 — Applicability of Combining/Overlay Zone Provisions ........................................2-51
17.235.030 — Residential Agricultural Accessory Business ( RAAB) Combining/Overlay Zone .................................................................................................................................................................2-52
17.235.040 — 6th Cycle Housing Element (-6HE) Combining/Overlay Zone ...........................2-52 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............................................ 2-7
17.205.010 – Purpose ......................................................................................................... 2-7
17.205.020 – General Requirements for Development and New Land Uses ............ 2-7
17.205.030 – Allowable Land Uses and Permit Requirements ................................... 2-8
17.205.040 – Exemptions from Permit Requirements .................................................. 2-9
17.205.050 – Additional Permits and Approvals ........................................................ 2-11
17.205.060 – Temporary Uses ........................................................................................ 2-11 Chapter 17.215 — Residential Zones.................................................................................. 2-12
17.215.010 – Purposes of Residential Zones ................................................................ 2-12
17.215.020 – Residential Zone Land Uses and Permit Requirements...................... 2-14
17.215.030 – Residential Zone Development Standards ............................................ 2-20
17.215.040 – Residential Zone Amenity Density Incentives ..................................... 2-25
17.215.050 – Group Homes for Persons with Disabilities.......................................... 2-27 Chapter 17.220 — Commercial and Office Zones ............................................................ 2-28
17.220.010 – Purposes of the Commercial and Office Zones .................................... 2-28
17.220.020 – Commercial and Office Zone Land Uses and Permit Requirements. 2-29
17.220.030 – Commercial and Office Zone Development Standards....................... 2-40 Chapter 17.225 — Industrial Zones..................................................................................... 2-42
17.225.010 – Purposes of the Industrial Zones ............................................................ 2-42
17.225.020 – Industrial Zone Land Uses and Permit Requirements ........................ 2-43
17.225.030 – Industrial Zone Development Standards .............................................. 2-48 Chapter 17.230 — Special Purpose Zones.......................................................................... 2-50
17.230.010 – Purposes of the Special Purpose Zones ................................................. 2-50
17.230.020 – Special Purpose Zone Land Uses and Permit Requirements ............. 2-51
17.230.030 – Special Purpose Zone Development Standards.................................... 2-52 Chapter 17.235 — Combining/Overlay Zones .................................................................. 2-55
17.235.010 – Purposes of the Combining/Overlay Zones .......................................... 2-55
17.235.020 – Applicability of Combining/Overlay Zone Provisions........................ 2-55
17.235.030 – Residential Agricultural Accessory Business (-RAAB) Combining/Overlay Zone ...................................................................................... 2-56
4.5.c
Packet Pg. 1093 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 IV
17.235.040 – Urban Corridor (-UC) Combining/Overlay Zone ................................ 2-56 Article 3 Site Planning and Development Standards
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
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
4.5.c
Packet Pg. 1094 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 V
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
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
4.5.c
Packet Pg. 1095 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 VI
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 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
17.300.060 — Noise ........................................................................................................... 3-9
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
4.5.c
Packet Pg. 1096 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 VII
17.305.010 — Purpose ..................................................................................................... 3-13
17.305.020 — Applicability ............................................................................................ 3-13
17.305.030 — Access, General........................................................................................ 3-13
17.305.040 — Agriculture Preservation (Right-to-Farm)........................................... 3-14
17.305.050 — Floodplain Management........................................................................ 3-15
17.305.060 — Height Measurement and Height Limit Exceptions .......................... 3-15
17.305.070 — Hillside Development............................................................................. 3-17
17.305.080 — Metal Buildings and Structures............................................................. 3-17
17.305.090 — Paving Within Residential Front Yard Area ....................................... 3-18
17.305.100 — Rural Standards ....................................................................................... 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
17.305.160 — Undergrounding of Utilities .................................................................. 3-33 Chapter 17.310 — Affordable Housing – Density Bonuses ........................................... 3-37
17.310.010 — Purpose ..................................................................................................... 3-37
17.310.020 — Applicability ............................................................................................ 3-37
17.310.030 — Eligible Projects for Density Bonus....................................................... 3-37
17.310.040 — Concessions or Incentives ...................................................................... 3-39
17.310.050 — Waivers or Reductions ........................................................................... 3-41
17.310.060 — Application Filing, Processing, and Approval.................................... 3-41
17.310.070 — Findings for Approval of Density Bonus............................................. 3-42
17.310.080 — Alternative Density Bonus for Projects in the RMH Zone ................ 3-44 Chapter 17.315 — Fences, Walls, and Hedges................................................................... 3-45
17.315.010 — Applicability ............................................................................................ 3-45
17.315.020 — Location, Height, and Type Standards ................................................ 3-45
17.315.030 — Modifications to Location and Height Standards .............................. 3-50
17.315.040 — Measurement of Height.......................................................................... 3-50
17.315.050 — Retaining Walls........................................................................................ 3-50
17.315.060 — Standards for Specific Types of Fences and Walls ............................. 3-51
17.315.070 — Materials and Construction ................................................................... 3-52
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
4.5.c
Packet Pg. 1097 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 VIII
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
17.330.050 — Number of Parking Spaces Required ................................................... 3-97
17.330.060 — Adjustments to Parking Requirements .............................................. 3-106
17.330.070 — Disabled/Handicapped Parking Requirements ................................ 3-108
17.330.080 — Parking Design and Development Standards................................... 3-109
17.330.090 — Landscaping Standards for Parking Areas........................................ 3-116
17.330.100 — Paving Limitations for Driveways in Residential Zones................. 3-118
17.330.110 — Bicycle Parking ...................................................................................... 3-118
17.330.120 — Off-Street Loading Design and Development Standards................ 3-120 Chapter 17.335 — Sign Regulations ................................................................................. 3-123
17.335.010 — Purpose ................................................................................................... 3-123
17.335.020 — Applicability .......................................................................................... 3-124
17.335.030 — General Provisions ................................................................................ 3-125
17.335.040 — Definitions .............................................................................................. 3-126
17.335.050 — Prohibited Signs .................................................................................... 3-141
17.335.060 — Standards for All Types of Signs......................................................... 3-142
17.335.070 — Standards for Permanent Signs........................................................... 3-148
17.335.080 — Standards for Specific Types of Permanent Signs ............................ 3-151
17.335.090 — Standards for Signs for Specific Uses ................................................. 3-159
17.335.100 — Standards for Temporary Signs .......................................................... 3-163
4.5.c
Packet Pg. 1098 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 IX
17.335.110 — Guidelines for Signs in Downtown Area........................................... 3-164
17.335.120 — Procedures for Sign Permits, Exemptions, and Revocations .......... 3-164
17.335.130 — Comprehensive Sign Program ............................................................ 3-171
17.335.140 — Maintenance........................................................................................... 3-173
17.335.150 — Enforcement........................................................................................... 3-175
17.335.160 — Nonconforming Signs........................................................................... 3-175
17.335.170 — Abandoned Signs .................................................................................. 3-176
17.335.180 — Illegal Signs ............................................................................................ 3-177 Chapter 17.350 — Transportation Demand Management............................................ 3-179
17.350.010 — Purpose ................................................................................................... 3-179
17.350.020 — Applicability .......................................................................................... 3-179
17.350.030 — Trip Reduction Standards and Plans.................................................. 3-180
17.350.040 — Trip Reduction Facilities and Methods .............................................. 3-180
17.350.050 — Enforcement........................................................................................... 3-183
17.350.060 — Compliance with AQMD Regulation XV .......................................... 3-183
17.350.070 — Voluntary Plans and Programs ........................................................... 3-184
4.5.c
Packet Pg. 1099 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 X Article 4 Standards for Specific Land Uses
Page
Chapter 17.400 — Adult-Oriented Businesses ................................................................... 4-5
17.400.010 — Purpose and Intent.................................................................................... 4-5
17.400.020 — Definitions .................................................................................................. 4-6
17.400.030 — Minimum Proximity Requirements ..................................................... 4-12
17.400.040 — Compliance with Locational Requirements ........................................ 4-13
17.400.050 — Compliance with Applicable Standards and Regulations ................ 4-13
17.400.060 — Adult-Oriented Business Development and Performance Standards4-13
17.400.070 — Permits Required..................................................................................... 4-20
17.400.080 — Adult Use Planning Permit- Adult Business Application................. 4-21
17.400.090 — Adult-Oriented Business Permit Required.......................................... 4-23
17.400.100 — Adult Entertainer Permit Required ...................................................... 4-25
17.400.110 — Applications ............................................................................................. 4-26
17.400.120 — Investigation and Action on Application ............................................ 4-27
17.400.130 — Permit Disapproval................................................................................. 4-29
17.400.140 — Permit Renewals; Expiration ................................................................. 4-31
17.400.150 — Transfer of Adult-Oriented Business Permits..................................... 4-31
17.400.160 — Registration of New Employees............................................................ 4-32
17.400.170 — Suspension or Revocation of Permits................................................... 4-33
17.400.180 — Appeal of Disapproval, Suspension or Revocation ........................... 4-36
17.400.190 — Register of Adult Entertainers............................................................... 4-37
17.400.200 — Display of Permit..................................................................................... 4-37
17.400.210 — Employment of and Services Rendered to Persons under the age of 18 Years Prohibited ...................................................................................................... 4-37
17.400.220 — Reservation of Right to Review Adult Use Planning Permit - Changed Conditions ................................................................................................................ 4-37
17.400.230 — Inspection ................................................................................................. 4-38
17.400.240 — Regulations Nonexclusive ..................................................................... 4-38
17.400.250 — Fees ............................................................................................................ 4-38
17.400.260 — Violations and Penalties ......................................................................... 4-38
17.400.270 — Enforcement............................................................................................. 4-39
17.400.280 — Prohibited Uses........................................................................................ 4-39 Chapter 17.405 — Accessory Structures and Uses ........................................................... 4-40
17.405.010 — Accessory Amusement Devices ............................................................ 4-40
17.405.020 — Accessory Retail and Service Uses........................................................ 4-40
17.405.030 — Accessory Structures - Noncommercial Agricultural........................ 4-41
17.405.040 — Accessory Structures - Nonresidential................................................. 4-41
17.405.050 — Accessory Structures - Residential........................................................ 4-42
4.5.c
Packet Pg. 1100 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XI
17.405.060 — Accessory Dwelling Units...................................................................... 4-47 Chapter 17.410 — Condominiums and Condominium Conversions........................... 4-51
17.410.010 — Purpose ..................................................................................................... 4-51
17.410.020 — Applicability ............................................................................................ 4-51
17.410.030 — Subdivision Processes for New Condominiums ................................ 4-51
17.410.040 — Subdivision Processes for Condominium Conversions .................... 4-53
17.410.050 — Development Standards for All Condominiums ............................... 4-57
17.410.060 — Development Standards for New Condominiums ............................ 4-60
17.410.070 — Development Standards for Condominium Conversions ................ 4-62 Chapter 17.415 — Mobile Home Parks and Mobile Home Subdivisions .................................4-64
17.415.010 — Purpose...........................................................................................................................4-64
17.415.020 — Applicable Law and Regulations..............................................................................4-64
17.415.030 — Permit Requirements...................................................................................................4-64
17.415.040 — Mobile Home Parks .....................................................................................................4-65
17.415.050 — Mobile Home Subdivisions .......................................................................................4-69 Chapter 17.420 — Multi-Family Development...............................................................................4-71
17.420.010 — Purpose...........................................................................................................................4-71
17.420.020 — Applicability .................................................................................................................4-71
17.420.030 — Processing......................................................................................................................4-72
17.420.040 — Minimum Amenities ...................................................................................................4-72
17.420.050 — Development Standards .............................................................................................4-74
17.420.070 — Site Design Standards and Guidelines....................................................................4-78 Chapter 17.425 — Single-Family Development .............................................................................4-86
17.425.010 — Residential Compatibility Standards.......................................................................4-86
17.425.020 — Residential Development Design Regulations ......................................................4-88 Chapter 17.427 — Mixed-Use Development ...................................................................................4-97
17.427.010 — Purpose...........................................................................................................................4-97
17.427.020 — Applicability .................................................................................................................4-97
17.427.030 — Processing......................................................................................................................4-97
17.427.040 — Commercial Development..........................................................................................4-98
17.427.050 — Mixed-Use Development..........................................................................................4-100
17.427.060 — Live/Work Units .........................................................................................................4-106
17.427.070 — Multi-Family Development .....................................................................................4-109
17.427.080 — Single-Family Development....................................................................................4-109 Chapter 17.430 — Standards for Specific Land Uses...................................................................4-110
17.430.010 — Purpose.........................................................................................................................4-111
17.430.020 — Applicability ...............................................................................................................4-111
17.430.030 — Agritourism .................................................................................................................4-111
17.430.040 — Alcohol Sales...............................................................................................................4-113
17.430.050 — Animal-Keeping.........................................................................................................4-119
17.430.060 — Animal Sales and Services .......................................................................................4-128
17.430.070 — Arcades.........................................................................................................................4-129
4.5.c
Packet Pg. 1101 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XII
17.430.080 — Automated Teller Machines (ATMs) .....................................................................4-129
17.430.090 — Bed and Breakfast Inns .............................................................................................4-130
17.430.100 — Cargo Containers........................................................................................................4-131
17.430.110 — Community Care Facilities.......................................................................................4-132
17.430.120 — Community Gardens .................................................................................................4-133
17.430.130 — Conversion of Residential Structures ....................................................................4-134
17.430.140 — Cottage Businesses.....................................................................................................4-134
17.430.150 — Day Care Facilities .....................................................................................................4-136
17.430.160 — Donation Boxes...........................................................................................................4-139
17.430.170 — Drive-Thru Facilities .................................................................................................4-139
17.430.180 — Electric Vehicle Charging Stations .........................................................................4-141
17.430.190 — Emergency Shelters....................................................................................................4-143
17.430.200 — Limited, Seasonal Farming.......................................................................................4-145
17.430.210 — Live Entertainment ....................................................................................................4-146
17.430.220 — Mobile/Manufactured Homes .................................................................................4-148
17.430.230 — Outdoor Dining..........................................................................................................4-149
17.430.240 — Outdoor Displays and Sales ....................................................................................4-150
17.430.250 — Outdoor Storage .........................................................................................................4-152
17.430.260 — Recreational Vehicle Parks.......................................................................................4-153
17.430.270 — Recycling Facilities ....................................................................................................4-154
17.430.280 — Residential Care Facilities........................................................................................4-157
17.430.290 — Satellite/Dish Antenna and Amateur Radio Antenna ........................................4-158
17.430.300 — Senior Residential Projects ......................................................................................4-161
17.430.310 — Service Stations (Gas Stations)................................................................................4-163
17.430.320 — Shopping Centers.......................................................................................................4-166
17.430.330 — Solar Energy Systems; Expedited Permitting for Small Residential Rooftop Solar Energy Systems ........................................................................................................................4-169
17.430.340 — Tobacco Stores ............................................................................................................4-176
17.430.350 — Vehicle Storage and Towing and Storage .............................................................4-181
17.430.360 — Wind Energy Systems ...............................................................................................4-183
17.430.370 — Wireless Telecommunication Facilities .................................................................4-185 Chapter 17.435 — Cannabis Oriented Businesses .......................................................................4-197
17.435.010 — Purpose and Intent.....................................................................................................4-197
17.435.020 — Applicability ...............................................................................................................4-197
17.435.030 — Definitions ..................................................................................................................4-197
17.435.040 — Cannabis Oriented Businesses Development Standards...................................4-202
17.435.050 — Performance Standards .............................................................................................4-206
17.435.060 — Permits Required........................................................................................................4-208
4.5.c
Packet Pg. 1102 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XIII Chapter 17.415 — Mobile Home Parks and Mobile Home Subdivisions................... 4-65
17.415.010 — Purpose ..................................................................................................... 4-65
17.415.020 — Applicable Law and Regulations.......................................................... 4-65
17.415.030 — Permit Requirements .............................................................................. 4-65
17.415.040 — Mobile Home Parks ................................................................................ 4-66
17.415.050 — Mobile Home Subdivisions.................................................................... 4-70 Chapter 17.420 — Multi-Family Development................................................................. 4-73
17.420.010 — Purpose ..................................................................................................... 4-73
17.420.020 — Applicability ............................................................................................ 4-73
17.420.030 — Processing................................................................................................. 4-74
17.420.040 — Minimum Amenities............................................................................... 4-74
17.420.050 — Development Standards......................................................................... 4-75
17.420.070 — Site Design Standards and Guidelines................................................. 4-80
17.420.080 — Architectural Design Standards and Guidelines ................................ 4-82 Chapter 17.425 — Single-Family Development ............................................................... 4-85
17.425.010 — Residential Compatibility Standards ................................................... 4-85
17.425.020 — Residential Development Design Regulations ................................... 4-86 Chapter 17.430 — Standards for Specific Land Uses ...................................................... 4-95
17.430.010 — Purpose ..................................................................................................... 4-96
17.430.020 — Applicability ............................................................................................ 4-96
17.430.030 — Agricultural Employee Dwellings ........................................................ 4-96
17.430.040 — Alcohol Sales............................................................................................ 4-97
17.430.050 — Animal-Keeping .................................................................................... 4-103
17.430.060 — Animal Sales and Services ................................................................... 4-113
17.430.070 — Arcades ................................................................................................... 4-113
17.430.080 — Automated Teller Machines (ATMs).................................................. 4-114
17.430.090 — Bed and Breakfast Inns ......................................................................... 4-115
17.430.100 — Cargo Containers................................................................................... 4-116
17.430.110 — Child Day Care Facilities...................................................................... 4-117
17.430.120 — Community Care Facilities .................................................................. 4-120
17.430.130 — Community Gardens ............................................................................ 4-120
17.430.140 — Conversion of Residential Structures................................................. 4-121
17.430.150 — Cottage Businesses ................................................................................ 4-122
17.430.160 — Donation Boxes...................................................................................... 4-123
17.430.170 — Drive-Through Facilities ...................................................................... 4-124
17.430.180 — Emergency Shelters............................................................................... 4-126
17.430.190 — Live Entertainment................................................................................ 4-128
17.430.200 — Live-Work Units .................................................................................... 4-129
4.5.c
Packet Pg. 1103 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XIV
17.430.210 — Mixed-Use Projects................................................................................ 4-132
17.430.220 — Mobile/Manufactured Homes ............................................................. 4-137
17.430.230 — Outdoor Dining ..................................................................................... 4-138
17.430.240 — Outdoor Displays and Sales ................................................................ 4-139
17.430.250 — Outdoor Storage .................................................................................... 4-141
17.430.260 — Recreational Vehicle Parks................................................................... 4-142
17.430.270 — Recycling Facilities................................................................................ 4-144
17.430.280 — Residential Care Facilities .................................................................... 4-147
17.430.290 — Satellite/Dish Antenna and Amateur Radio Antenna ..................... 4-148
17.430.310 — Senior Residential Projects................................................................... 4-152
17.430.320 — Service Stations ...................................................................................... 4-154
17.430.330 — Shopping Centers .................................................................................. 4-157
17.430.340 — Solar Energy Systems; Expedited Permitting for Small Residential Rooftop Solar Energy Systems ............................................................................ 4-159
17.430.350 — Wind Energy Systems........................................................................... 4-166
17.430.360 — Wireless Telecommunication Facilities .............................................. 4-169
17.430.361 — Electric Vehicle Charging Stations...................................................... 4-181
17.430.370 — Limited, Seasonal Farming .................................................................. 4-183
17.430.380 — Tobacco Stores ....................................................................................... 4-184
17.430.385 — Vehicle Storage and Towing and Storage.......................................... 4-189 Chapter 17.435 — Cannabis Oriented Businesses ......................................................... 4-192
17.435.010 — Purpose and Intent................................................................................ 4-192
17.435.020 – Applicability ............................................................................................ 4-192
17.435.030 – Definitions ................................................................................................ 4-192
17.435.040 – Cannabis Oriented Businesses Development Standards .................. 4-197
17.435.050 –Performance Standards ........................................................................... 4-202
17.435.060 – Permits Required..................................................................................... 4-204
4.5.c
Packet Pg. 1104 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XV Article 5 Resource Management
Page
Chapter 17.500 — Archaeological, Paleontological, and Tribal Cultural Resource Protection5-2
17.500.010 — Purpose.............................................................................................................................5-2
17.500.020 — Applicability ...................................................................................................................5-2
17.500.030 — Resource Assessment Procedures ...............................................................................5-2 Chapter 17.510 — Historic Preservation ............................................................................................5-6
17.510.010 — Purpose.............................................................................................................................5-6
17.510.020 — Duties of the Commission............................................................................................5-6
17.510.030 — Register of Historic Resources.....................................................................................5-6
17.510.040 — Designation as Historic Resource ...............................................................................5-6
17.510.050 — Criteria for Designation................................................................................................5-7
17.510.060 — Alteration of Designated Historic Resource .............................................................5-7
17.510.070 — Procedure for Protection of Potential Historic Resources ......................................5-9
17.510.080 — Appeals ..........................................................................................................................5-10 Chapter 17.520 — Natural Resource Conservation........................................................................5-11
17.520.010 — Purpose...........................................................................................................................5-11
17.520.020 — Applicability .................................................................................................................5-11
17.520.030 — Plant and Habitat Conservation................................................................................5-11
17.520.040 — Soil Conservation.........................................................................................................5-12
17.520.050 — Water Quality................................................................................................................5-12 Chapter 17.500 — Archaeological and Paleontological Resource Protection ............... 5-3
17.500.010 — Purpose ....................................................................................................... 5-3
17.500.020 — Applicability............................................................................................... 5-3
17.500.030 — Resource Assessment Procedures ........................................................... 5-3 Chapter 17.510 — Historic Preservation .............................................................................. 5-7
17.510.010 — Purpose ....................................................................................................... 5-7
17.510.020 — Duties of the Commission........................................................................ 5-7
17.510.030 — Register of Historic Resources ................................................................. 5-7
17.510.040 — Designation as Historic Resource............................................................ 5-7
17.510.050 — Criteria for Designation............................................................................ 5-8
17.510.060 — Alteration of Designated Historic Resource .......................................... 5-8
17.510.070 — Procedure for Protection of Potential Historic Resources ................. 5-10
17.510.080 — Appeals ..................................................................................................... 5-11 Chapter 17.520 — Natural Resource Conservation.......................................................... 5-13
17.520.010 — Purpose ..................................................................................................... 5-13
17.520.020 — Applicability............................................................................................. 5-13
17.520.030 — Plant and Habitat Conservation............................................................ 5-13
17.520.040 — Soil Conservation..................................................................................... 5-14
17.520.050 — Water Quality........................................................................................... 5-14
4.5.c
Packet Pg. 1105 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XVI Article 6 Permit Procedures
Page
Chapter 17.600 — Permit Application Filing and Processing........................................................6-6
17.600.010 — Purpose.............................................................................................................................6-6
17.600.020 — Authority for Land Use and Zoning Decisions ........................................................6-6
17.600.030 — Multiple Permit Applications......................................................................................6-6
17.600.040 — Application Preparation and Filing............................................................................6-8
17.600.050 — Application Fees.............................................................................................................6-9
17.600.060 — Applicant Indemnification...........................................................................................6-9
17.600.070 — Initial Application Review.........................................................................................6-10
17.600.080 — Project Evaluation and Staff Reports .......................................................................6-11
17.600.090 — Environmental Review................................................................................................6-11
17.600.100 — Water Quality Management Plan (WQMP) Required ..........................................6-12 Chapter 17.603 — Cannabis Oriented Businesses Permit ............................................................6-17
17.603.010 — Purpose and Intent.......................................................................................................6-17
17.603.020 — Applicability .................................................................................................................6-18
17.603.030 — Review Authority.........................................................................................................6-18
17.603.040 — Application Requirements .........................................................................................6-18
17.603.050 — Phased Expansion and Build-Out.............................................................................6-20
17.603.060 — Investigation and Action on Application................................................................6-21
17.603.070 — Permit Disapproval......................................................................................................6-21
17.603.080 — Conditions of Approval..............................................................................................6-22
17.603.090 — Use of Property Before Final Action.........................................................................6-22
17.603.100 — Permit Renewals; Expiration......................................................................................6-23
17.603.110 – Suspension or Revocation of Permits ........................................................................6-23
17.603.120 – Appeal of Disapproval, Suspension, and Revocation ............................................6-25
17.603.130 – Reservation of Right to Review Cannabis Oriented Business Permit – Changed Conditions .............................................................................................................................................6-25
17.603.140 – Inspection ........................................................................................................................6-26
17.603.150 – Regulations Nonexclusive............................................................................................6-26
17.603.160 – Fees....................................................................................................................................6-26
17.603.170 – Violations and Penalties ...............................................................................................6-26
17.603.180 – Enforcement ....................................................................................................................6-27 Chapter 17.605 — Conditional Use Permits and Minor Use Permits .........................................6-28
17.605.010 — Purpose...........................................................................................................................6-28
17.605.020 — Applicability .................................................................................................................6-28
17.605.030 — Review Authority.........................................................................................................6-29
17.605.040 — Application Requirements .........................................................................................6-29
17.605.050 — Project Review, Notice, and Hearing........................................................................6-29
17.605.060 — Findings and Decision ................................................................................................6-30
17.605.070 — Action of Commission.................................................................................................6-31
17.605.080 — Existing Conditional Uses ..........................................................................................6-31
4.5.c
Packet Pg. 1106 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XVII
17.605.090 — Conditions of Approval..............................................................................................6-31
17.605.100 — Use of Property Before Final Action.........................................................................6-31
17.605.110 — Modification of Permit................................................................................................6-31
17.605.120 — Periodic Review............................................................................................................6-31
17.605.130 — Permit to Run with the Land......................................................................................6-31
17.605.140 — Post-Decision Procedures ...........................................................................................6-32 Chapter 17.610 — Development Agreements .................................................................................6-33
17.610.010 — Purpose...........................................................................................................................6-33
17.610.020 — Application....................................................................................................................6-34
17.610.030 — Application Filing, Processing, and Review...........................................................6-34
17.610.040 — Content of Development Agreement .......................................................................6-36
17.610.050 — Execution and Recordation.........................................................................................6-37
17.610.060 — Amendment and Cancellation of Development Agreements .............................6-37
17.610.070 — Modification or Suspension of Development Agreements .................................6-38
17.610.080 — Periodic Review............................................................................................................6-38
17.610.090 — Effect of Development Agreements .........................................................................6-40
17.610.100 — Approved Development Agreements ......................................................................6-41
17.610.110 — Newly Annexed Lands................................................................................................6-41 Chapter 17.615 — Home Occupations ..............................................................................................6-42
17.615.010 — Purpose...........................................................................................................................6-42
17.615.020 — Applicability .................................................................................................................6-42
17.615.030 — Business Registration and Approval Process .........................................................6-42
17.615.040 — Allowed Home Occupations......................................................................................6-42
17.615.050 — Prohibited Home Occupations ..................................................................................6-44
17.615.060 — Compliance with Standards and Conditions..........................................................6-45
17.615.070 —Decision ..........................................................................................................................6-46
17.615.080 — Conditions of Approval..............................................................................................6-47
17.615.090 — Inspections ....................................................................................................................6-47
17.615.100 — Changes in Home Occupation...................................................................................6-47
17.615.110 — Post-Decision Procedures ...........................................................................................6-47 Chapter 17.620 — Planned Development Permits .........................................................................6-48
17.620.010 — Purpose...........................................................................................................................6-48
17.620.020 — Applicability .................................................................................................................6-48
17.620.030 — Review Authority.........................................................................................................6-49
17.620.040 — Application Filing, Processing, and Review...........................................................6-49
17.620.050 — Project Review, Notice, and Hearing........................................................................6-50
17.620.060 — Findings and Decision ................................................................................................6-50
17.620.070 — Planned Development Permit Amendment............................................................6-52
17.620.080 — Development Schedule...............................................................................................6-52
17.620.090 — Conditions of Approval..............................................................................................6-53
17.620.100 — Use of Property Before Final Action.........................................................................6-53
17.620.110 — Post-Decision Procedures ...........................................................................................6-53 Chapter 17.625 — Reasonable Accommodation.............................................................................6-54
4.5.c
Packet Pg. 1107 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XVIII
17.625.010 — Purpose...........................................................................................................................6-54
17.625.020 — Applicability .................................................................................................................6-54
17.625.030 — Application Requirements .........................................................................................6-56
17.625.040 — Review Authority.........................................................................................................6-57
17.625.050 — Review Procedures.......................................................................................................6-57
17.625.060 — Findings and Decision ................................................................................................6-57
17.625.070 — Rescission of Approval of Reasonable Accommodation......................................6-58 Chapter 17.630 — Site Plan and Design Review............................................................................6-59
17.630.010 — Purpose and Intent.......................................................................................................6-59
17.630.020 — Applicability .................................................................................................................6-59
17.630.030 — Review Authority.........................................................................................................6-60
17.630.040 — Application Filing, Processing, and Review...........................................................6-62
17.630.050 — Findings and Decision ................................................................................................6-64
17.630.060 — Conditions of Approval..............................................................................................6-65
17.630.070 — Issuance of Other Required Permits and Approvals.............................................6-65
17.630.080 — Minor Changes by Director........................................................................................6-66
17.630.090 — Post-Decision Procedures ...........................................................................................6-66 Chapter 17.635 — Specific Plans .......................................................................................................6-67
17.635.010 — Purpose...........................................................................................................................6-67
17.635.020 — Intent ..............................................................................................................................6-67
17.635.030 — Applicability .................................................................................................................6-67
17.635.040 — Initiation of Specific Plans.........................................................................................6-68
17.635.050 — Application Filing and Initial Review .....................................................................6-68
17.635.060 — Preparation and Content.............................................................................................6-69
17.635.070 — Application Processing ...............................................................................................6-70
17.635.080 — Adoption of Specific Plan ..........................................................................................6-71
17.635.090 — Amendment of Specific Plan .....................................................................................6-71 Chapter 17.640 — Temporary Use and Special Event Permits ....................................................6-72
17.640.010 — Purpose...........................................................................................................................6-72
17.640.020 — Definition ......................................................................................................................6-72
17.640.030 — Applicability .................................................................................................................6-72
17.640.040 — Exempt Temporary Uses .............................................................................................6-73
17.640.050 — Allowed Temporary Uses ...........................................................................................6-74
17.640.060 — Application Filing, Processing, and Review...........................................................6-75
17.640.070 — Director’s Review.........................................................................................................6-78
17.640.080 — Findings and Decision ................................................................................................6-78
17.640.090 — Conditions of Approval..............................................................................................6-79
17.640.100 — Extensions for Temporary Use Permits and Special Event Permits ...................6-80
17.640.110 — Condition of Site Following Temporary Use .........................................................6-80
17.640.120 — Post-Decision Procedures ...........................................................................................6-80 Chapter 17.645 — Transfer of Development Rights......................................................................6-81
17.645.010 — Purpose...........................................................................................................................6-81
17.645.020 — Applicability .................................................................................................................6-81
4.5.c
Packet Pg. 1108 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XIX
17.645.030 — General Requirements ................................................................................................6-82
17.645.040 — Application Filing, Processing, and Review...........................................................6-82
17.645.050 — Findings and Decision ................................................................................................6-82
17.645.060 — Conditions of Approval..............................................................................................6-83
17.645.070 — Post-Decision Procedures ...........................................................................................6-84 Chapter 17.650 — Variances and Minor Variances........................................................................6-85
17.650.010 — Purpose...........................................................................................................................6-85
17.650.020 — Applicability .................................................................................................................6-85
17.650.030 — Review Authority.........................................................................................................6-87
17.650.040 — Application Filing, Processing, and Review...........................................................6-87
17.650.050 — Findings and Decision ................................................................................................6-88
17.650.060 — Disapproval of Minor Variance.................................................................................6-89
17.650.070 — Precedents......................................................................................................................6-89
17.650.080 — Burden of Proof............................................................................................................6-89
17.650.090 — Conditions of Approval..............................................................................................6-89
17.650.100 — Use of Property Before Final Action.........................................................................6-89
17.650.110 — Post-Decision Procedures ...........................................................................................6-89 Chapter 17.655 — Zoning Clearances...............................................................................................6-90
17.655.010 — Purpose...........................................................................................................................6-90
17.655.020 — Applicability .................................................................................................................6-90
17.655.030 — Review Procedure ........................................................................................................6-91
17.655.040 — Post-Decision Procedures ...........................................................................................6-91 Chapter 17.660 — Implementation, Time Limits, and Extensions..............................................6-92
17.660.010 — Purpose...........................................................................................................................6-92
17.660.020 — Conformance to Approved Plans ..............................................................................6-92
17.660.030 — Effective Dates of Permits ..........................................................................................6-92
17.660.040 — Acknowledgement and Acceptance of Conditions ...............................................6-93
17.660.050 — Applications Deemed Approved ..............................................................................6-93
17.660.060 — Permits to Run with the Land....................................................................................6-94
17.660.070 — Performance Guarantees.............................................................................................6-94
17.660.080 — Expiration ......................................................................................................................6-95
17.660.090 — Time Extensions ...........................................................................................................6-98
17.660.100 — Changes to an Approved Project...............................................................................6-99
17.660.110 — Resubmittals ...............................................................................................................6-100
17.660.120 — Covenants of Easements ...........................................................................................6-101 Chapter 17.600 — Permit Application Filing and Processing.......................................... 6-7
17.600.010 — Purpose ....................................................................................................... 6-7
17.600.020 — Authority for Land Use and Zoning Decisions .................................... 6-7
17.600.030 — Multiple Permit Applications.................................................................. 6-7
17.600.040 — Application Preparation and Filing........................................................ 6-9
17.600.050 — Application Fees ...................................................................................... 6-10
17.600.060 — Applicant Indemnification..................................................................... 6-11
4.5.c
Packet Pg. 1109 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XX
17.600.070 — Initial Application Review..................................................................... 6-11
17.600.080 — Project Evaluation and Staff Reports.................................................... 6-12
17.600.090 — Environmental Review........................................................................... 6-13
17.600.100 — Water Quality Management Plan (WQMP) Required....................... 6-13 Chapter 17.603 — Cannabis Oriented Businesses Permit............................................... 6-17
17.603.010 — Purpose and Intent.................................................................................. 6-17
17.603.020 — Applicability............................................................................................. 6-18
17.603.030 — Review Authority.................................................................................... 6-18
17.603.040 — Application Requirements ..................................................................... 6-18
17.603.050 — Phased Expansion and Build-Out......................................................... 6-20
17.603.060 — Investigation and Action on Application............................................. 6-20
17.603.070 — Permit Disapproval................................................................................. 6-21
17.603.080 — Conditions of Approval.......................................................................... 6-22
17.603.090 — Use of Property Before Final Action..................................................... 6-22
17.603.100 — Permit Renewals; Expiration ................................................................. 6-22
17.603.110 – Suspension or Revocation of Permits ..................................................... 6-23
17.603.120 – Appeal of Disapproval, Suspension, and Revocation.......................... 6-25
17.603.130 – Reservation of Right to Review Cannabis Oriented Business Permit – Changed Conditions ............................................................................................... 6-25
17.603.140 – Inspection ................................................................................................... 6-26
17.603.150 – Regulations Nonexclusive........................................................................ 6-26
17.603.160 – Fees .............................................................................................................. 6-26
17.603.170 – Violations and Penalties ........................................................................... 6-26
17.603.180 – Enforcement ............................................................................................... 6-27 Chapter 17.605 — Conditional Use Permits and Minor Use Permits........................... 6-29
17.605.010 — Purpose ..................................................................................................... 6-29
17.605.020 — Applicability ............................................................................................ 6-29
17.605.030 — Review Authority.................................................................................... 6-30
17.605.040 — Application Requirements ..................................................................... 6-30
17.605.050 — Project Review, Notice, and Hearing ................................................... 6-30
17.605.060 — Findings and Decision ............................................................................ 6-31
17.605.070 — Action of Commission............................................................................ 6-32
17.605.080 — Existing Conditional Uses...................................................................... 6-32
17.605.090 — Conditions of Approval ......................................................................... 6-32
17.605.100 — Use of Property Before Final Action..................................................... 6-33
17.605.110 — Modification of Permit ........................................................................... 6-33
17.605.120 — Periodic Review....................................................................................... 6-33
17.605.130 — Permit to Run with the Land................................................................. 6-33
17.605.140 — Post-Decision Procedures....................................................................... 6-33
4.5.c
Packet Pg. 1110 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXI Chapter 17.610 — Development Agreements ................................................................... 6-35
17.610.010 — Purpose ..................................................................................................... 6-35
17.610.020 — Application............................................................................................... 6-36
17.610.030 — Application Filing, Processing, and Review ....................................... 6-36
17.610.040 — Content of Development Agreement ................................................... 6-37
17.610.050 — Execution and Recordation.................................................................... 6-39
17.610.060 — Amendment and Cancellation of Development Agreements .......... 6-39
17.610.070 — Modification or Suspension of Development Agreements............... 6-39
17.610.080 — Periodic Review....................................................................................... 6-40
17.610.090 — Effect of Development Agreements...................................................... 6-42
17.610.100 — Approved Development Agreements.................................................. 6-43
17.610.110 — Newly Annexed Lands........................................................................... 6-43 Chapter 17.615 — Home Occupation Permits................................................................... 6-45
17.615.010 — Purpose ..................................................................................................... 6-45
17.615.020 — Applicability ............................................................................................ 6-45
17.615.030 — Application Filing, Processing, and Review ....................................... 6-45
17.615.040 — Allowed Home Occupations ................................................................. 6-46
17.615.050 — Prohibited Home Occupations.............................................................. 6-46
17.615.060 — Director’s Decision.................................................................................. 6-47
17.615.070 — Compliance with Standards and Conditions ...................................... 6-48
17.615.080 — Findings and Decision ............................................................................ 6-49
17.615.090 — Conditions of Approval ......................................................................... 6-49
17.615.100 — Permit Expiration .................................................................................... 6-49
17.615.110 — Inspections................................................................................................ 6-49
17.615.120 — Acknowledgment.................................................................................... 6-50
17.615.130 — Permit Not Transferable......................................................................... 6-50
17.615.140 — Changes in Home Occupation .............................................................. 6-50
17.615.150 — Post-Decision Procedures....................................................................... 6-50 Chapter 17.620 — Planned Development Permits........................................................... 6-51
17.620.010 — Purpose ..................................................................................................... 6-51
17.620.020 — Applicability ............................................................................................ 6-52
17.620.030 — Review Authority.................................................................................... 6-52
17.620.040 — Application Filing, Processing, and Review ....................................... 6-52
17.620.050 — Project Review, Notice, and Hearing ................................................... 6-53
17.620.060 — Findings and Decision ............................................................................ 6-53
17.620.070 — Planned Development Permit Amendment........................................ 6-55
17.620.080 — Specific Development Standards .......................................................... 6-55
17.620.090 — Development Schedule........................................................................... 6-55
17.620.100 — Conditions of Approval ......................................................................... 6-57
4.5.c
Packet Pg. 1111 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXII
17.620.110 — Use of Property Before Final Action..................................................... 6-57
17.620.120 — Post-Decision Procedures....................................................................... 6-57 Chapter 17.625 — Reasonable Accommodation............................................................... 6-59
17.625.010 — Purpose ..................................................................................................... 6-59
17.625.020 — Applicability ............................................................................................ 6-59
17.625.030 — Application Requirements ..................................................................... 6-61
17.625.040 — Review Authority.................................................................................... 6-62
17.625.050 — Review Procedures.................................................................................. 6-62
17.625.060 — Findings and Decision ............................................................................ 6-62
17.625.070 — Rescission of Approval of Reasonable Accommodation................... 6-63 Chapter 17.630 — Site Plan and Design Review.............................................................. 6-65
17.630.010 — Purpose and Intent.................................................................................. 6-65
17.630.020 — Applicability ............................................................................................ 6-65
17.630.030 — Review Authority.................................................................................... 6-66
17.630.040 — Application Filing, Processing, and Review ....................................... 6-67
17.630.050 — Findings and Decision ............................................................................ 6-70
17.630.060 — Conditions of Approval ......................................................................... 6-71
17.630.070 — Issuance of Other Required Permits and Approvals ......................... 6-71
17.630.080 — Minor Changes by Director ................................................................... 6-71
17.630.090 — Post-Decision Procedures....................................................................... 6-71 Chapter 17.635 — Specific Plans ......................................................................................... 6-73
17.635.010 — Purpose ..................................................................................................... 6-73
17.635.020 — Intent ......................................................................................................... 6-73
17.635.030 — Applicability ............................................................................................ 6-73
17.635.040 — Initiation of Specific Plans...................................................................... 6-74
17.635.050 — Application Filing and Initial Review.................................................. 6-74
17.635.060 — Preparation and Content........................................................................ 6-75
17.635.070 — Application Processing........................................................................... 6-76
17.635.080 — Adoption of Specific Plan....................................................................... 6-77
17.635.090 — Amendment of Specific Plan ................................................................. 6-77 Chapter 17.640 — Temporary Use Permits........................................................................ 6-79
17.640.010 — Purpose ..................................................................................................... 6-79
17.640.020 — Definition.................................................................................................. 6-79
17.640.030 — Applicability ............................................................................................ 6-79
17.640.040 — Exempt Temporary Uses........................................................................ 6-80
17.640.050 — Allowed Temporary Uses ...................................................................... 6-80
17.640.060 — Application Filing, Processing, and Review ....................................... 6-82
17.640.070 — Director’s Review .................................................................................... 6-83
17.640.080 — Findings and Decision ............................................................................ 6-83
4.5.c
Packet Pg. 1112 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXIII
17.640.090 — Conditions of Approval ......................................................................... 6-83
17.640.100 — Extensions for Temporary Use Permits ............................................... 6-85
17.640.110 — Condition of Site Following Temporary Use ...................................... 6-85
17.640.120 — Post-Decision Procedures....................................................................... 6-85 Chapter 17.645 — Transfer of Development Rights........................................................ 6-87
17.645.010 — Purpose ..................................................................................................... 6-87
17.645.020 — Applicability ............................................................................................ 6-87
17.645.030 — General Requirements ............................................................................ 6-88
17.645.040 — Application Filing, Processing, and Review ....................................... 6-88
17.645.050 — Findings and Decision ............................................................................ 6-88
17.645.060 — Conditions of Approval ......................................................................... 6-89
17.645.070 — Post-Decision Procedures....................................................................... 6-90 Chapter 17.650 — Variances and Minor Variances ......................................................... 6-91
17.650.010 — Purpose ..................................................................................................... 6-91
17.650.020 — Applicability ............................................................................................ 6-91
17.650.030 — Review Authority.................................................................................... 6-92
17.650.040 — Application Filing, Processing, and Review ....................................... 6-93
17.650.050 — Findings and Decision ............................................................................ 6-93
17.650.060 — Disapproval of Minor Variance............................................................. 6-95
17.650.070 — Precedents ................................................................................................ 6-95
17.650.080 — Burden of Proof ....................................................................................... 6-95
17.650.090 — Conditions of Approval ......................................................................... 6-95
17.650.100 — Use of Property Before Final Action..................................................... 6-95
17.650.110 — Post-Decision Procedures....................................................................... 6-95 Chapter 17.655 — Zoning Clearances................................................................................. 6-97
17.655.010 — Purpose ..................................................................................................... 6-97
17.655.020 — Applicability ............................................................................................ 6-97
17.655.030 — Review Procedure ................................................................................... 6-98
17.655.040 — Post-Decision Procedures....................................................................... 6-98 Chapter 17.660 — Implementation, Time Limits, and Extensions ............................... 6-99
17.660.010 — Purpose ..................................................................................................... 6-99
17.660.020 — Conformance to Approved Plans ......................................................... 6-99
17.660.030 — Effective Dates of Permits ...................................................................... 6-99
17.660.040 — Acknowledgement and Acceptance of Conditions.......................... 6-100
17.660.050 — Applications Deemed Approved........................................................ 6-100
4.5.c
Packet Pg. 1113 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXIV Article 7 Administration
Page
Chapter 17.700 — Administrative Responsibility ...........................................................................7-3
17.700.010 – Purpose...............................................................................................................................7-3
17.700.020 – Planning Agency Defined ..............................................................................................7-3
17.700.030 – City Council ......................................................................................................................7-3
17.700.040 – Planning Commission.....................................................................................................7-4
17.700.050 – Planning Director.............................................................................................................7-4 Chapter 17.705 — Nonconforming Parcels, Structures, and Uses.................................................7-6
17.705.010 – Purpose and Intent...........................................................................................................7-6
17.705.020 – Definitions ........................................................................................................................7-7
17.705.030 – Time of Beginning of Nonconformity .........................................................................7-7
17.705.040 – Proof of Legal Nonconformity.......................................................................................7-8
17.705.050 – Restrictions on Nonconforming Uses and Structures...............................................7-8
17.705.060 – Residential Exemptions ................................................................................................7-11
17.705.070 – Loss of Nonconforming Status ....................................................................................7-12
17.705.080 – Nonconforming Parcels and Merger of Parcels........................................................7-16
17.705.090 – Effect of Conditional/Minor Use Permit Requirements.........................................7-17
17.705.100 – Nonconforming Service Stations / Gas Stations ......................................................7-17
17.705.110 – Nonconforming Parking...............................................................................................7-17
17.705.120 – Nonconforming Adjustments......................................................................................7-18 Chapter 17.710 — Public Noticing and Hearings...........................................................................7-19
17.710.010 – Purpose.............................................................................................................................7-19
17.710.020 – Noticing for Director Approvals .................................................................................7-19
17.710.030 – Notice of Hearing...........................................................................................................7-21
17.710.040 – Hearing Procedure .........................................................................................................7-23
17.710.050 – Recommendation by Commission..............................................................................7-23
17.710.060 – Decision and Notice.......................................................................................................7-24
17.710.070 – Effective Date of Decision............................................................................................7-25 Chapter 17.715 — Appeals..................................................................................................................7-26
17.715.010 – Purpose.............................................................................................................................7-26
17.715.020 – Appeal Subjects and Jurisdiction ...............................................................................7-26
17.715.030 – Calls for Review .............................................................................................................7-26
17.715.040 – Filing and Processing of Appeals................................................................................7-28
17.715.050 – Judicial Review...............................................................................................................7-31 Chapter 17.720 — Amendments ........................................................................................................7-32
17.720.010 – Purpose.............................................................................................................................7-32
17.720.020 – Initiation of Amendment..............................................................................................7-32
17.720.030 – Processing, Notice, and Hearings................................................................................7-32
17.720.040 – Commission's Action on Amendment .......................................................................7-34
17.720.050 – Council's Action on Amendment................................................................................7-35
4.5.c
Packet Pg. 1114 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXV
17.720.060 – Findings and Decision ..................................................................................................7-36
17.720.070 – Prezoning – Annexations..............................................................................................7-37
17.720.080 – Effective Dates ................................................................................................................7-37 Chapter 17.725 — Enforcement Provisions .....................................................................................7-39
17.725.010 – Purpose.............................................................................................................................7-39
17.725.020 – Permits and Licenses .....................................................................................................7-39
17.725.030 – Enforcement Responsibility.........................................................................................7-39
17.725.040 – Violations ........................................................................................................................7-40
17.725.050 – Remedies are Cumulative.............................................................................................7-41
17.725.060 – Inspections ......................................................................................................................7-41
17.725.070 – Revocation or Modifications........................................................................................7-42
17.725.080 – Initial Enforcement Action...........................................................................................7-43
17.725.090 – Legal Remedies...............................................................................................................7-45
17.725.100 – Recovery of Costs ...........................................................................................................7-46
17.725.110 – Additional Permit Processing Fees .............................................................................7-48
17.725.120 – Reinspection Fees...........................................................................................................7-48 Chapter 17.700 — Administrative Responsibility ............................................................. 7-3
17.700.010 – Purpose ......................................................................................................... 7-3
17.700.020 – Planning Agency Defined.......................................................................... 7-3
17.700.030 – City Council ................................................................................................. 7-3
17.700.040 – Planning Commission ................................................................................ 7-4
17.700.050 – Planning Director........................................................................................ 7-4
17.700.060 – Development Review Committee............................................................. 7-5 Chapter 17.705 — Nonconforming Parcels, Structures, and Uses .................................. 7-7
17.705.010 – Purpose and Intent...................................................................................... 7-7
17.705.020 – Definitions .................................................................................................... 7-8
17.705.030 – Time of Beginning of Nonconformity ...................................................... 7-8
17.705.040 – Proof of Legal Nonconformity .................................................................. 7-9
17.705.050 – Restrictions on Nonconforming Uses and Structures............................ 7-9
17.705.060 – Residential Exemptions ............................................................................ 7-12
17.705.070 – Loss of Nonconforming Status................................................................ 7-13
17.705.080 – Nonconforming Parcels and Merger of Parcels.................................... 7-17
17.705.090 – Effect of Conditional/Minor Use Permit Requirements ...................... 7-20
17.705.100 – Nonconforming Drive-Through Businesses and Service Stations..... 7-21
17.705.110 – Nonconforming Parking .......................................................................... 7-21
17.705.120 – Nonconforming Adjustments.................................................................. 7-21 Chapter 17.710 — Public Hearings ..................................................................................... 7-24
17.710.010 – Purpose ....................................................................................................... 7-24
17.710.020 – Notice of Hearing...................................................................................... 7-24
17.710.030 – Scheduling of Hearing.............................................................................. 7-26
4.5.c
Packet Pg. 1115 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXVI
17.710.040 – Hearing Procedure.................................................................................... 7-26
17.710.050 – Recommendation by Commission.......................................................... 7-27
17.710.060 – Decision and Notice .................................................................................. 7-27
17.710.070 – Effective Date of Decision ........................................................................ 7-28 Chapter 17.715 — Appeals.................................................................................................... 7-30
17.715.010 – Purpose ....................................................................................................... 7-30
17.715.020 – Appeal Subjects and Jurisdiction ............................................................ 7-30
17.715.030 – Calls for Review ........................................................................................ 7-31
17.715.040 – Filing and Processing of Appeals ........................................................... 7-33
17.715.050 – Judicial Review.......................................................................................... 7-35 Chapter 17.720 — Amendments .......................................................................................... 7-36
17.720.010 – Purpose ....................................................................................................... 7-36
17.720.020 – Initiation of Amendment.......................................................................... 7-36
17.720.030 – Processing, Notice, and Hearings ........................................................... 7-36
17.720.040 – Commission's Action on Amendment................................................... 7-38
17.720.050 – Council's Action on Amendment............................................................ 7-39
17.720.060 – Findings and Decision .............................................................................. 7-40
17.720.070 – Prezoning – Annexations ......................................................................... 7-41
17.720.080 – Effective Dates ........................................................................................... 7-41 Chapter 17.725 — Enforcement Provisions ....................................................................... 7-44
17.725.010 – Purpose ....................................................................................................... 7-44
17.725.020 – Permits and Licenses ................................................................................ 7-44
17.725.030 – Enforcement Responsibility..................................................................... 7-44
17.725.040 – Violations.................................................................................................... 7-45
17.725.050 – Remedies are Cumulative ........................................................................ 7-46
17.725.060 – Inspections.................................................................................................. 7-46
17.725.070 – Revocation or Modifications.................................................................... 7-47
17.725.080 – Initial Enforcement Action....................................................................... 7-48
17.725.090 – Legal Remedies.......................................................................................... 7-50
17.725.100 – Recovery of Costs ...................................................................................... 7-51
17.725.110 – Additional Permit Processing Fees......................................................... 7-53
17.725.120 – Reinspection Fees ...................................................................................... 7-53
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Packet Pg. 1116 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXVII Article 8 Definitions
Page
Chapter 17.800 — Definitions.............................................................................................. 8-13
17.800.010 – Purpose ....................................................................................................... 8-13
17.800.020 – Definitions, “A”......................................................................................... 8-25
17.800.030 – Definitions, “B”........................................................................................ 8-125
17.800.040 – Definitions, “C” ....................................................................................... 8-169
17.800.050 – Definitions, “D”....................................................................................... 8-289
17.800.060 – Definitions, “E”........................................................................................ 8-312
17.800.070 – Definitions, "F"......................................................................................... 8-345
17.800.080 – Definitions, "G"........................................................................................ 8-389
17.800.090 – Definitions, "H".......................................................................................... 8-40
17.800.100 – Definitions, "I".......................................................................................... 8-423
17.800.110 – Definitions, "J".......................................................................................... 8-434
17.800.120 – Definitions, "K"........................................................................................ 8-445
17.800.130 – Definitions, "L"......................................................................................... 8-456
17.800.140 – Definitions, "M" ....................................................................................... 8-512
17.800.150 – Definitions, "N"........................................................................................ 8-556
17.800.160 – Definitions, "O"........................................................................................ 8-567
17.800.170 – Definitions, "P"....................................................................................... 8-5860
17.800.180 – Definitions, "Q"........................................................................................ 8-624
17.800.190 – Definitions, "R" ........................................................................................ 8-635
17.800.200 – Definitions, "S"....................................................................................... 8-6770
17.800.210 – Definitions, "T"....................................................................................... 8-7572
17.800.220 – Definitions, "U"........................................................................................ 8-758
17.800.230 – Definitions, "V"........................................................................................ 8-769
17.800.240 – Definitions, "W"..................................................................................... 8-7982
17.800.250 – Definitions, "X" ........................................................................................ 8-814
17.800.260 – Definitions, "Y" ........................................................................................ 8-825
17.800.270 – Definitions, "Z" ........................................................................................ 8-836
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Packet Pg. 1117 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXVIII Article 9 State Mandated Procedures
Page
Chapter 17.900 – General .....................................................................................................2
17.900.010 — Purpose ...........................................................................................................2
17.900.020 — Applicability ..................................................................................................2
17.900.030 — Definitions ......................................................................................................2
17.900.040 — Approval Authority......................................................................................3 Chapter 17.905 – SB 9 – Urban Lot Splits...........................................................................5
17.905.010 — Applicants; Approval Authority.................................................................5
17.905.020 — Development and Subdivision Standards.................................................6
17.905.030 — Grounds for Denial .......................................................................................7
17.905.040 — Standards Specific to Urban Lot Splits.....................................................10
17.905.050 — Separate Conveyance..................................................................................12
17.905.060 — Restriction of Uses.......................................................................................12
17.905.070 — Deed Restriction ..........................................................................................13
17.905.080 — Review for Parcel Merger or Reversion to Acreage ...............................14 Chapter 17.905 – SB 9 – Two-Unit Projects......................................................................15
17.910.010 — Applicants; Approving Authority ............................................................15
17.910.020 — Objective Development Standards ...........................................................16
17.910.030 — Grounds for Denial .....................................................................................16
17.910.040 — Standards Specific to Two-Unit Projects..................................................18
17.910.050 — Separate Conveyance..................................................................................20
17.910.060 — Restriction of Uses.......................................................................................21
17.910.070 — Deed Restriction ..........................................................................................21 Chapter 17.900 – General .....................................................................................................2
17.900.010 — Purpose ...........................................................................................................2
17.900.020 — Applicability ..................................................................................................2
17.900.030 — Definitions ......................................................................................................2
17.900.040 — Approval Authority......................................................................................3 Chapter 17.905 – SB 9 – Urban Lot Splits...........................................................................5
17.905.010 — Applicants; Approval Authority.................................................................5
17.905.020 — Development and Subdivision Standards.................................................6
17.905.030 — Grounds for Denial .......................................................................................7
17.905.040 — Standards Specific to Urban Lot Splits.....................................................10
17.905.050 — Separate Conveyance..................................................................................12
17.905.060 — Restriction of Uses.......................................................................................12
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Packet Pg. 1118 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXIX
17.905.070 — Deed Restriction ..........................................................................................13
17.905.080 — Review for Parcel Merger or Reversion to Acreage ...............................14 Chapter 17.905 – SB 9 – Two-Unit Projects......................................................................15
17.910.010 — Applicants; Approving Authority............................................................15
17.910.020 — Objective Development Standards ...........................................................16
17.910.030 — Grounds for Denial .....................................................................................16
17.910.040 — Standards Specific to Two-Unit Projects..................................................18
17.910.050 — Separate Conveyance..................................................................................20
17.910.060 — Restriction of Uses.......................................................................................21
17.910.070 — Deed Restriction ..........................................................................................21
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Packet Pg. 1119 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXX 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 Table 2-1 Zones Implementing the General Plan .......................................................... 2-4 Table 2-2 Allowed Uses and Permit Requirements Residential Zones.................... 2-16 Table 2-3 Development Standards for RE, RR, and RL Zones .................................. 2-21 Table 2-4 Development Standards for RM, RMH, RH, and RVH Zones................. 2-23 Table 2-5 Amenity Density Incentives for Projects in Residential Zones ................ 2-26 Table 2-6 Allowed Uses and Permit Requirements Commercial and Office Zones2-31 Table 2-7 Development Standards for Commercial and Office Zones..................... 2-41 Table 2-8 Allowed Uses and Permit Requirements Industrial Zones ...................... 2-45 Table 2-9 Development Standards for Industrial Zones ............................................ 2-50 Table 2-10 Allowed Land Uses and Permit Requirements Special Purpose Zones . 2-53 Table 2-11 Development Standards for Special Purpose Zones.................................. 2-55 Table 3-1 NewSignificant Pollution Sources and Sensitive Land Use Typess and Significant Air Pollution Source Types....................................................................................................................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 Table 3-1 Minimum Separation Distance for Proposed New Sensitive Land Uses ... 3-8
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Packet Pg. 1120 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXXI Table 3-2 Maximum Allowed Projections into Setback Areas.................................... 3-26 Table 3-3 Summary of State-Mandated Density Bonus Requirements ..................... 3-38 Table 3-4 Standards for Fences, Walls, and Hedges..................................................... 3-46 Table 3-5 Parking Requirements by Land Use .............................................................. 3-99 Table 3-6 Maximum Distances For Off-Site Parking For Nonresidential Uses ...... 3-110 Table 3-7 Parking Space Dimensions............................................................................ 3-114 Table 3-8 Parking Area Dimensions ............................................................................. 3-114 Table 3-9 Required Loading Spaces .............................................................................. 3-120 Table 3-10 Signs Allowed in Residential Zones ............................................................ 3-148 Table 3-11 Signs Allowed in Commercial, Office, Institutional, and Industrial Zones ........................................................................................................................... 3-150 Table 3-12 Number of Employees Generated by Land Uses....................................... 3-179 Table 4-1 Required Setbacks – Accessory Residential Structures and Uses..........................4-44 Table 4-2 Development Standards for Mobile Home Parks and Subdivisions.....................4-66 Table 4-3 Setbacks for Multi-Family Residential Projects........................................................4-75 Table 4-43 Minimum Separation between Multi-Family Structures........................................4-75 Table 4-54 Animal-Keeping Standards.......................................................................................4-103 Table 4-65 Development Standards for Recreational Vehicle Park Subdivisions ................4-152 Table 4-76 Development Standards for Senior Residential Projects ......................................4-161 Table 4-1 Required Setbacks – Accessory Residential Structures and Uses ............. 4-45 Table 4-2 Development Standards for Mobile Home Parks and Subdivisions ........ 4-66 Table 4-3 Minimum Separation between Multi-Family Structures............................ 4-76 Table 4-4 Allowed Use and Permit Requirements for Alcohol Sales......................... 4-96 Table 4-5 Animal-Keeping Standards........................................................................... 4-103 Table 4-6 Development Standards for Recreational Vehicle Park Subdivisions.... 4-141 Table 4-7 Development Standards for Senior Residential Projects .......................... 4-154 Table 6-1 Review Authority..........................................................................................................6-7 Table 6-2 Review Authority for Site Plan and Design Review..............................................6-61 Table 6-3 Types of Minor Variances Allowed..........................................................................6-86 Table 6-1 Review Authority.............................................................................................. 6-8 Table 6-2 Review Authority for Site Plan and Design Review.................................. 6-69 Table 6-3 Types of Minor Variances Allowed.............................................................. 6-95 Table 7-1 Amortization Schedule .................................................................................. 7-157
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Packet Pg. 1121 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXXII List of Figures
Page
Figure 2-1 Limits on Paving and Hardscaping for Residential Front Yards .............. 2-29 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 YardsReserved3-19 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 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
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Packet Pg. 1122 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXXIII 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 Figure 4-1 Minimum Separation between Multi-Family Structures.......................... 4-767 Figure 4-2 Location of Amateur Radio Antenna ........................................................ 4-1548 Figure 4-3 Examples of Shopping Structure Setback ............................................. 4-159167 Figure 4-4 Location of Gateway Area............................................................................. 4-180 Figure 4-5 Roadways in General Plan Circulation Element........................................ 4-181 Figure 8-1 Abutting vs. Adjacent ...................................................................................... 8-25 Figure 8-2 Wavelength and Frequency .......................................................................... 8-102 Figure 8-3 Building Envelope .......................................................................................... 8-147 Figure 8-4 Impervious Surface Coverage and Structure Coverage ............................. 8-26 Figure 8-5 Cut and Fill........................................................................................................ 8-27 Figure 8-6 Floor Area Ratio.............................................................................................. 8-358 Figure 8-7 Landform Grading ....................................................................................... 8-5145 Figure 8-8 Lot Types ....................................................................................................... 8-5448 Figure 8-9 Lot Features ................................................................................................... 8-4955 Figure 8-10 Setbacks.......................................................................................................... 8-6780 Figure 8-11 Yards............................................................................................................... 8-8299 Figure 8-12 Zero Lot Line Development...................................................................... 8-83101
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Packet Pg. 1123 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
TABLE OF CONTENTS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXXIV The San Jacinto Development Code, Title 17
Adopted in its Entirety December 2012
AMENDED BY ORDINANCES
ORDINANCE
NUMBER
ADOPTION DATE DESCRIPTION
14-03 May 6, 2014 Regarding congregate living facilities and group homes for persons with disabilities.
14-04 May 6, 2014 Regarding reasonable accommodation.
15-08 October 6, 2015 Regarding an expedited, streamlined permitting process for small residential rooftop solar systems and to make other changes pursuant to AB 2188.
16-01 April 5, 2016 Regarding updates for compliance with the State Mandated Water Efficient Landscape Ordinance.
16-17 February 7. 2017 Marijuana Cultivation as a non-conforming agricultural use.
17-01 April 18, 2017 Amending the following: 1) 1) Accessory (Second) Dwelling Units; 2) Second Story Balconies on Single
Family Residences; 3) Cross References to other sections of the Municipal Code; 4) Cross Reference to Appendix 1 of the Landscape Design Guidelines; 5) Vehicle Sales; 6)
Towing and Storage and Vehicle Storage; 7) Metal
Buildings; 8) Cross Reference to Appendix 2 of the
Landscape Design Guidelines; 9) Cross Reference in the
Water Efficient Landscape and Irrigation Section to the newly updated Building Code Modifications; 10) Change
from Public Works Director to City Engineer in Section
17.335.090 – Standards for Signs for Specific Uses; 11) Alcohol Sales; 12) Animal Keeping to Permit up to Four
Chickens in Residential Zones; and 13) Worm Farms and
Worm Composting.
17-02 May 16, 2017 Amending Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards), Article 4 (Standards for Specific Land Uses), Article 6 (Permit Procedures), Article 7
(Administration) and Article 8 (Definitions), consistent with recent changes in State law concerning the Adult Use of Marijuana Act (AUMU) passed by the California voters at the November 8, 2016 election, to regulate the
establishment of commercial marijuana cultivation in the IL – Light Industrial Zone, create development standards
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Packet Pg. 1124 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
AMENDMENTS BY ORDINANCE
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 XXXV for commercial marijuana cultivation and amend the Loss of Non-conforming Status Section regarding commercial
marijuana cultivation as an agricultural use.
19-10 June 18, 2019 Amending title 17 of the San Jacinto Municipal Code by amending development code chapters 17.215, 17.220,
17.225, 17.230, 17.430, 17.435, 17.600, 17.603, 17.705, and
17.805, consistent with recent changed in state law
concerning the Adult Use of Marijuana Act (AUMA) and
new state cannabis cultivation regulations approved by
the Office of Administrative Law effective January 16,
2019, to regulate the establishment and operation of
cannabis oriented businesses.
19-22 December 17, 2019 Amending chapters 17.215 – Residential Zones, 17.330 – Off-Street Parking And Loading Standards, 17.405 –
Accessory Structures And Uses, 17.430 – Standards For
Specific Land Uses, 17.615 – Home Occupation Permits
And 17.800 – Definitions of the City of San Jacinto
Municipal Code relating to accessory dwelling units and junior accessory dwelling units.
21-01 April 20, 2021 Amending Development Code Chapters 17.205 – Allowable Land Uses and Development; 17.215 -
Residential Zones; 17.220-Commercial and Office Zones;
17.225-Industrial Zones; 17.230-Special Purpose Zones;
17.315 -Fences, Walls and Hedges; 17.330 -Off-Street
Parking and Loading Standards; 17.630-Site Plan and
Design Review.
21-13 December 21, 2021 Urgency Ordinance to add Article 9 – State-Mandated Procedures.
22-10 December 6, 2022 Comprehensive Amendment to implement Envision San Jacinto – General Plan 2040. Amended Article 1, 2, 3, 4, 5, 6, 7, and 8.
22-19 December 6, 2022 Amending Section 17.405.060 related to Accessory Dwelling Units and Junior Accessory Dwelling Units
pursuant to SB 897. (Effective Jan 1, 2023)
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Packet Pg. 1125 Attachment: B.1 - Exhibit A Table of Contents (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 1 DEVELOPMENT CODE AUTHORITY & APPLICABILITY
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 ..........1-61-5 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
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Packet Pg. 1126 Attachment: B.2 - Exhibit B Article 1 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.100 PURPOSE & EFFECT OF DEVELOPMENT CODE
1-2 DECEMBER 202212 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;
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Packet Pg. 1127 Attachment: B.2 - Exhibit B Article 1 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PURPOSE & EFFECT OF DEVELOPMENT CODE 17.100
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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:
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Packet Pg. 1128 Attachment: B.2 - Exhibit B Article 1 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.100 PURPOSE & EFFECT OF DEVELOPMENT CODE
1-4 DECEMBER 202212 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. City to be held harmless. Any person who establishes a use, subdivides land or erects a structure, with or without a obtaining a permit or approval of any kind, under the provisions of the Development Code, shall hold the City harmless from any liability or claim of liability.
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Packet Pg. 1129 Attachment: B.2 - Exhibit B Article 1 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PURPOSE & EFFECT OF DEVELOPMENT CODE 17.100
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 1-5 E. 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 to be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this Development Code.
EF. 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).
FG. 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.
GH. 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).
HI. 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.
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Packet Pg. 1130 Attachment: B.2 - Exhibit B Article 1 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.100 PURPOSE & EFFECT OF DEVELOPMENT CODE
1-6 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17
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 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).
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Packet Pg. 1131 Attachment: B.2 - Exhibit B Article 1 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) INTERPRETATION OF REGULATIONS 17.105
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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
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Packet Pg. 1132 Attachment: B.2 - Exhibit B Article 1 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.105 INTERPRETATION OF REGULATIONS
1-8 DECEMBER 202212 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.
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Packet Pg. 1133 Attachment: B.2 - Exhibit B Article 1 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) INTERPRETATION OF REGULATIONS 17.105
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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
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Packet Pg. 1134 Attachment: B.2 - Exhibit B Article 1 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.105 INTERPRETATION OF REGULATIONS
1-10 DECEMBER 202212 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.
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Packet Pg. 1135 Attachment: B.2 - Exhibit B Article 1 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) INTERPRETATION OF REGULATIONS 17.105
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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.
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Packet Pg. 1136 Attachment: B.2 - Exhibit B Article 1 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 2 ZONES, ALLOWABLE LAND USES, & ZONE SPECIFIC STANDARDS SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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
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Packet Pg. 1137 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 2 ZONES, ALLOWABLE LAND USES, & ZONE SPECIFIC STANDARDS SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 Exceptions............................................................................................................................2-46 Chapter 17.230 — Special Purpose Zones................................................................................ 2-482-47
17.230.010 — Purposes of the Special Purpose Zones ......................................................... 2-482-47
17.230.020 — Special Purpose Zone Land Uses and Permit Requirements...................... 2-492-48
17.230.030 — Special Purpose Zone Development Standards............................................ 2-502-49 Chapter 17.235 — Combining/Overlay Zones ........................................................................ 2-512-50
17.235.010 — Purposes of the Combining/Overlay Zones .................................................. 2-512-50
17.235.020 — Applicability of Combining/Overlay Zone Provisions................................ 2-512-50
17.235.030 — Residential Agricultural Accessory Business (-RAAB) Combining/Overlay Zone 2-522-51
17.235.040 — 6
th Cycle Housing Element (-6HE) Combining/Overlay Zone.................... 2-522-51 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 List of Figures
Page
Figure 2-1 Limits on Paving and Hardscaping for Residential Front Yards .........................2-29
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Packet Pg. 1138 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ESTABLISHMENT OF ZONES; ZONING MAP ADOPTED 17.200
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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.
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Packet Pg. 1139 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ESTABLISHMENT OF ZONES; ZONING MAP ADOPTED 17.200
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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
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Packet Pg. 1140 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ESTABLISHMENT OF ZONES; ZONING MAP ADOPTED 17.200
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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). (Ord. 22-11, Dec 2022) 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).
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Packet Pg. 1141 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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.
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Packet Pg. 1142 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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)
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Packet Pg. 1143 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 17.305215.035090 (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.
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Packet Pg. 1144 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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.
4.5.e
Packet Pg. 1145 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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.
4.5.e
Packet Pg. 1146 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 --- --- --- --- --- 17.430.0305 Community Gardens P P P P P P --- --- --- --- --- --- --- P P P P --- --- 17.430.1230 Limited, Seasonal Farming P P P P P P --- --- --- --- --- --- --- P P --- P P --- 17.430.200370 Livestock and Dairy Operations P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 17.305.040 Produce Stands – Permanent P P P P P P --- --- --- --- --- --- --- --- --- --- P --- --- 17.405.030 Produce Stands – Temporary TUPP TUPP TUPP
TUP
P
TUPP
TUP
P
--- --- --- --- --- --- --- --- --- ---
TUP
P
--- --- 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
4.5.e
Packet Pg. 1147 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 --- --- --- 17.430.110150 Day Care Facility – Large (9 to 14 persons) P P P --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- 17.430.110150 Day Care Facility – Day Care, General (15+
persons) --- --- --- --- --- --- MUP MUP --- MUP --- --- --- MUP MUP MUP --- --- --- 17.430.110150 Community Care Facility – 6 or fewer
persons
P P P P P P --- P P --- --- --- --- --- --- --- --- --- --- 17.430.120110 Community Care Facility – 7+ persons --- --- --- CUP CUP CUP CUP CUP --- --- --- --- --- --- --- --- --- --- --- 17.430.120110 Convalescent Home – 7+ persons --- --- --- CUP CUP CUP CUP CUP --- --- --- --- --- --- --- --- --- --- --- Convalescent Home – 6 or fewer persons P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- Emergency Shelters --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 17.430.180190 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
4.5.e
Packet Pg. 1148 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 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 --- --- ---
17.430.210190,17.43
0.040, MC 5.40
Live Entertainment – Unamplified --- --- --- --- --- --- P P P P P P P P P P --- --- ---
17.430.210190,
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 --- --- --- --- --- --- 17.430.250 Contractor Base Facility - Indoor --- --- --- --- --- --- --- --- --- P P P P --- --- --- --- --- ---
4.5.e
Packet Pg. 1149 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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
17.430.1450
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 --- --- --- --- --- ---
4.5.e
Packet Pg. 1150 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 --- --- --- --- --- --- --- --- --- --- --- 17.430.110120 Congregate Care Facility – Up to 6 persons P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 17.430.110120 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 --- --- --- 17.427.060430.200 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 --- --- --- --- --- --- --- --- --- --- ---
4.5.e
Packet Pg. 1151 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 --- --- --- 17.430.300310 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
17.430.240
Drive-Through Thru 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
4.5.e
Packet Pg. 1152 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 --- --- --- 17.430.040 Secondhand Stores --- --- --- --- --- --- --- P P --- --- --- --- --- --- --- --- --- --- Tobacco Stores --- --- --- --- --- --- --- CUP CUP --- --- --- --- --- --- --- --- --- ---
17.430.380340
MC 5.56
4.5.e
Packet Pg. 1153 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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) – DriveThruThrough --- --- --- --- --- --- 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
4.5.e
Packet Pg. 1154 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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
17.430.240
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 --- --- --- --- --- --- --- --- ---
4.5.e
Packet Pg. 1155 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 17.430.360370 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 17.430.360370
4.5.e
Packet Pg. 1156 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 &
17.430.323100
Vehicle Services – Towing and Storage --- --- --- --- --- --- --- CUP --- --- --- MUP P --- --- --- --- --- --- 17.430.085350 Vehicle Services – Vehicle Storage --- --- --- --- --- --- --- CUP CUP --- CUP CUP P --- --- --- --- --- --- 17.430.085350
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Packet Pg. 1157 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 17.430.3340 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 17.430.3650 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 17.64640
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Packet Pg. 1158 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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 --- --- ---
17.405.050
17.405.060
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
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Packet Pg. 1159 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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
P
TUP
P
TUP
P
TUP
P
TUP
P
TUP
P
--- --- --- --- --- --- --- --- --- --- TUPP --- --- 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)
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Packet Pg. 1160 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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.
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Packet Pg. 1161 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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.
4.5.e
Packet Pg. 1162 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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 IncentivesStandards) for incentive and density deviation allowances.
Minimum 0.0 0.0 2.10 5.0 14.10 22.10
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.
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Packet Pg. 1163 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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 multiple primary structures and a primary structure 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 17.215305.035090 (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).
4.5.e
Packet Pg. 1164 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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 2-13-3 (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 2-13-3 (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 2-13-3
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 2-43 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:
4.5.e
Packet Pg. 1165 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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). Additionally, one singlefamily dwelling unit may be allowed on legal lots that require higher densities, if the zone allows for such use.
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 that is consistent with the minimum and maximumapplicable density rangethresholds 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 thresholdDevelopment Standards. Projects that are allowed by right shall be consistent with all applicable Development Standards. Projects proposing a single-family may comply with RL zone standards, and projects transferring units, pursuant to Chapter 17.645, may comply with standards for zone that best fits the project density, as approved by the City. 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 and including the mixed use zones, may qualify for an amenity density increasesentives (i.e., be allowed to develop above the maximum applicable density threshold) by providing the necessary amenities identified in Table 2-54 (Amenity Density Incentives for Projects in Residential Zones) and obtaining approval of a Site Plan and Design Review in compliance with Chapter 17.630 (Site Plan and Design Review). The amount of the increased density shall not exceed the mid-point of the next highest residential density range; or shall not exceed the 250% above the maximum of the density range stated for the RVH, MU, MU-E, DVspecific zones.
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.
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Packet Pg. 1166 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 2-31
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.
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 ½1 additional dwelling unit per acre (For developments in the RVH, MU, MU-E, DV zones 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.
4.5.e
Packet Pg. 1167 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ALLOWABLE LAND USES AND DEVELOPMENT 17.205
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 2-32 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.
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.
4.5.e
Packet Pg. 1168 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) COMMERCIAL AND OFFICE ZONES 17.220
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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.
4.5.e
Packet Pg. 1169 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) COMMERCIAL AND OFFICE ZONES 17.220
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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)
4.5.e
Packet Pg. 1170 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) COMMERCIAL AND OFFICE ZONES 17.220
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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.
4.5.e
Packet Pg. 1171 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) COMMERCIAL AND OFFICE ZONES 17.220
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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)
4.5.e
Packet Pg. 1172 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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.
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Packet Pg. 1173 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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)
4.5.e
Packet Pg. 1174 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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%
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Packet Pg. 1175 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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)
4.5.e
Packet Pg. 1176 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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.
4.5.e
Packet Pg. 1177 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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.
4.5.e
Packet Pg. 1178 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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.
4.5.e
Packet Pg. 1179 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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).
4.5.e
Packet Pg. 1180 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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.
4.5.e
Packet Pg. 1181 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 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 Exceptions
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.
B. Development of a Two-Family (i.e. duplex, etc.) permitted on any parcel in the Downtown Village Zone, even if such development is below the minimum density
4.5.e
Packet Pg. 1182 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 2-47 provided in Table 2-8 for the Zone in which it is located, subject to the Development Standards of the RM Zone. Such Development, when legally established, shall be considered a conforming use.
4.5.e
Packet Pg. 1183 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 2-48 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.
4.5.e
Packet Pg. 1184 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 2-49 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.
4.5.e
Packet Pg. 1185 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SPECIAL PURPOSE ZONES 17.230
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 2-50
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)
4.5.e
Packet Pg. 1186 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) COMBINING/OVERLAY ZONES 17.235
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 2-51 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.
4.5.e
Packet Pg. 1187 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) COMBINING/OVERLAY ZONES 17.235
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 2-52 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 17.430.140150 (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.
4.5.e
Packet Pg. 1188 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) COMBINING/OVERLAY ZONES 17.235
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 20222012 2-53 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.
4.5.e
Packet Pg. 1189 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
COMBINING/OVERLAY
ZONES 17.235
SAN JACINTO DEVELOPMENT CODE,TITLE 17DECEMBER 202220122-54
4.5.e
Packet Pg. 1190 Attachment: B.3 - Exhibit C Article 2 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 3 SITE PLANNING AND DEVELOPMENT STANDARDS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-1 Article 3
Site Planning and Development Standards
Table of Contents
Page
Chapter 17.300 — Performance Standards.............................................................................. 3-73-73-7
17.300.010 — Purpose ......................................................................................................... 3-73-73-7
17.300.020 — Applicability................................................................................................. 3-73-73-7
17.300.030 — Air Quality.................................................................................................... 3-73-73-7
17.300.040 — Electrical Disturbances................................................................................ 3-93-93-9
17.300.050 — Fire Hazards ............................................................................................. 3-103-103-9
17.300.055 — Grading and Treatment and Disposition Agreement (TDA) ............ 3-103-103-9
17.300.060 — Noise........................................................................................................ 3-103-103-10
17.300.070 — Odor......................................................................................................... 3-103-103-10
17.300.080 — Outdoor Light and Glare ...................................................................... 3-103-103-10
17.300.090 — Property Maintenance........................................................................... 3-113-113-11
17.300.100 — Vibration ................................................................................................. 3-123-123-11
17.300.110 — Waste Disposal....................................................................................... 3-123-123-12
17.300.120 — Water Quality......................................................................................... 3-123-123-12 Chapter 17.305 — Development and Use Standards ...................................................... 3-143-143-13
17.305.010 — Purpose ................................................................................................... 3-143-143-13
17.305.020 — Applicability........................................................................................... 3-143-143-13
17.305.030 — Lots .......................................................................................................... 3-143-143-13
17.305.040 — Agriculture Preservation (Right-to-Farm) ......................................... 3-163-163-15
17.305.050 — Floodplain Management....................................................................... 3-173-173-16
17.305.060 — Height Measurement and Height Limit Exceptions......................... 3-173-173-16
17.305.070 — Hillside Development........................................................................... 3-193-193-18
17.305.080 — Metal Buildings and Structures ........................................................... 3-193-193-18
17.305.090 — Reserved.................................................................................................. 3-203-203-19
17.305.100 — Reserved.................................................................................................. 3-203-203-19
17.305.110 — Screening and Buffering ....................................................................... 3-203-203-19
17.305.120 — Setback Regulations and Exceptions................................................... 3-233-233-22
17.305.130 — Solid Waste/Recyclable Materials Storage ......................................... 3-283-283-27
17.305.140 — Surface Mining and Reclamation ........................................................ 3-303-303-29
17.305.150 — Traffic Visibility Area............................................................................ 3-303-303-29
4.5.f
Packet Pg. 1191 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SITE PLANNING AND DEVELOPMENT STANDARDS ARTICLE 3
3-2 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.305.160 — Undergrounding of Utilities ................................................................ 3-343-343-33 Chapter 17.310 — Affordable Housing – Density Bonuses .......................................... 3-373-373-36
17.310.010 — Purpose ................................................................................................... 3-373-373-36
17.310.020 — Applicability........................................................................................... 3-373-373-36
17.310.030 — Eligible Projects for Density Bonus ..................................................... 3-373-373-36
17.310.040 — Concessions or Incentives..................................................................... 3-393-393-38
17.310.050 — Waivers or Reductions.......................................................................... 3-413-413-40
17.310.060 — Application Filing, Processing, and Approval .................................. 3-413-413-40
17.310.070 — Findings for Approval of Density Bonus ........................................... 3-423-423-41 Chapter 17.315 — Fences, Walls, and Hedges.................................................................. 3-453-453-44
17.315.010 — Applicability........................................................................................... 3-453-453-44
17.315.020 — Location, Height, and Type Standards ............................................... 3-453-453-44
17.315.030 — Modifications to Location and Height Standards ............................. 3-483-483-47
17.315.040 — Measurement of Height........................................................................ 3-493-493-48
17.315.050 — Retaining Walls ...................................................................................... 3-503-503-49
17.315.060 — Standards for Specific Types of Fences and Walls............................ 3-513-513-50
17.315.070 — Materials and Construction.................................................................. 3-513-513-50
17.315.075 — Modifications to Existing Walls and Fences ...................................... 3-543-543-53
17.315.080 — Permit and Review Procedures ........................................................... 3-553-553-54 Chapter 17.325 — Water Efficient Landscape and Irrigation........................................ 3-563-563-55
17.325.010 — Findings................................................................................................... 3-563-563-55
17.325.020 — Purpose ................................................................................................... 3-573-573-56
17.325.030 — Applicability........................................................................................... 3-593-593-58
17.325.040 — Exemptions from Landscaping Requirements .................................. 3-593-593-58
17.325.050 — Definitions .............................................................................................. 3-603-603-59
17.325.060 — Landscape and Irrigation Submittal Package Requirements .......... 3-683-683-67
17.325.070 — Certificate of Completion ..................................................................... 3-843-843-83
17.325.080 — Irrigation Scheduling ............................................................................ 3-853-853-84
17.325.090 — Landscape and Irrigation Maintenance Schedule............................. 3-863-863-85
17.325.100 — Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis ...3-873- 873-86
17.325.110 — Recycled Water ...................................................................................... 3-883-883-87
17.325.120 — Graywater Systems................................................................................ 3-883-883-87
17.325.130 — Stormwater Management and Rainwater Retention........................ 3-883-883-87
17.325.140 — Water Waste Prevention ....................................................................... 3-893-893-88
17.325.150 — Maintenance ........................................................................................... 3-903-903-89
17.325.160 — Public Education.................................................................................... 3-903-903-89
17.325.170 — Protection of Solar Access..................................................................... 3-913-913-90
17.325.180 – Prescriptive Compliance Option ........................................................... 3-913-913-90 Chapter 17.330 — Off-Street Parking and Loading Standards..................................... 3-943-943-93
17.330.010 — Purpose ................................................................................................... 3-943-943-93
17.330.020 — Applicability........................................................................................... 3-943-943-93
17.330.030 — General Parking Provisions.................................................................. 3-953-953-94
4.5.f
Packet Pg. 1192 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 3 SITE PLANNING AND DEVELOPMENT STANDARDS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-3
17.330.040 — Limitations on Parking/Storage of Vehicles....................................... 3-953-953-94
17.330.050 — Number of Parking Spaces Required.................................................. 3-983-983-97
17.330.060 — Adjustments to Parking Requirements......................................... 3-1093-1093-108
17.330.070 — Disabled/Handicapped Parking Requirements........................... 3-1123-1123-111
17.330.080 — Parking Design and Development Standards ............................. 3-1133-1133-112
17.330.090 — Landscaping Standards for Parking Areas .................................. 3-1203-1203-119
17.330.100 — Paving Limitations for Driveways for Single-Family Dwellings.... 3-1223-1223- 121
17.330.110 — Bicycle Parking................................................................................. 3-1243-1243-123
17.330.120 — Off-Street Loading Design and Development Standards .......... 3-1263-1263-125 Chapter 17.335 — Sign Regulations............................................................................. 3-1293-1293-128
17.335.010 — Purpose ............................................................................................. 3-1293-1293-128
17.335.020 — Applicability..................................................................................... 3-1303-1303-129
17.335.030 — General Provisions........................................................................... 3-1313-1313-130
17.335.040 — Definitions ........................................................................................ 3-1323-1323-131
17.335.050 — Prohibited Signs............................................................................... 3-1473-1473-146
17.335.060 — Standards for All Types of Signs ................................................... 3-1483-1483-147
17.335.070 — Standards for Permanent Signs ..................................................... 3-1543-1543-153
17.335.080 — Standards for Specific Types of Permanent Signs....................... 3-1573-1573-156
17.335.090 — Standards for Signs for Specific Uses............................................ 3-1653-1653-164
17.335.100 — Standards for Temporary Signs..................................................... 3-1693-1693-168
17.335.110 — Guidelines for Signs in Downtown Area ..................................... 3-1703-1703-169
17.335.120 — Procedures for Sign Permits, Exemptions, and Revocations..... 3-1703-1703-169
17.335.130 — Comprehensive Sign Program....................................................... 3-1773-1773-176
17.335.140 — Maintenance ..................................................................................... 3-1793-1793-178
17.335.150 — Enforcement ..................................................................................... 3-1813-1813-180
17.335.160 — Nonconforming Signs ..................................................................... 3-1813-1813-180
17.335.170 — Abandoned Signs............................................................................. 3-1823-1823-181
17.335.180 — Illegal Signs....................................................................................... 3-1833-1833-182 Chapter 17.350 — Transportation Demand Management....................................... 3-1853-1853-183
17.350.010 — Purpose ............................................................................................. 3-1853-1853-183
17.350.020 — Applicability..................................................................................... 3-1853-1853-183
17.350.030 — Trip Reduction Standards and Plans ............................................ 3-1863-1863-184
17.350.040 — Trip Reduction Facilities and Methods ........................................ 3-1863-1863-184
17.350.050 — Enforcement ..................................................................................... 3-1893-1893-187
17.350.060 — Compliance with AQMD Regulation XV..................................... 3-1893-1893-187
17.350.070 — Voluntary Plans and Programs...................................................... 3-1903-1903-188
4.5.f
Packet Pg. 1193 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SITE PLANNING AND DEVELOPMENT STANDARDS ARTICLE 3
3-4 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 List of Tables
Page
Table 3-1 Minimum Separation Distance for Proposed NewSignificant Pollution Sources and Sensitive Land Use Types and Significant Air Pollution Source Types ..................................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 YardsReserved ..........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
4.5.f
Packet Pg. 1194 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 3 SITE PLANNING AND DEVELOPMENT STANDARDS
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-5 Figure 3-24 Double-Faced Sign......................................................................................................3-131 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
4.5.f
Packet Pg. 1195 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SITE PLANNING AND DEVELOPMENT STANDARDS ARTICLE 3
3-6 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 – This page intentionally left blank –
4.5.f
Packet Pg. 1196 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PERFORMANCE STANDARDS 17.300
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 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
4.5.f
Packet Pg. 1197 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
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 distancesSensitive Land Uses. The proximity of proposed sensitive land uses to significant air pollution sources shall be considered in the siting of the a new sensitive land use. When a sensitive land use is proposed within 500 feet of an existing or planned significant air pollution source, a Health Risk Assessment shall be prepared by a qualified consultant, as determined by the Director to assess the adverse health effects caused by exposure to toxic air pollutants. 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.). and significant air pollution sources include the land use types are listed in Table 3-1 or as determined by the Planning Director.
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.
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.
4.5.f
Packet Pg. 1198 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PERFORMANCE STANDARDS 17.300
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-9 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.
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 17.430.3670 (Wireless Telecommunication Facilities).
Significant Pollution Sources and Sensitive Land Use Types Significant Air
Pollution
Sources
Freeways,
Highways,
Limited Access
Highways
Distribution
Centers
(Warehouses,
Logistics)
Dry Cleaners Using
Perchloethylene
Gasoline
Dispensing
Facilities
(Service
Stations)
Sensitive Land
Use
Residential
Communities
Schools, Day Care
Centers
Hospitals, Nursing
Homes
Parks,
Playgrounds
4.5.f
Packet Pg. 1199 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.300 PERFORMANCE STANDARDS
3-10 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17
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 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).
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Packet Pg. 1200 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PERFORMANCE STANDARDS 17.300
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-11 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.
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
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Packet Pg. 1201 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.300 PERFORMANCE STANDARDS
3-12 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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; 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.);
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Packet Pg. 1202 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) PERFORMANCE STANDARDS 17.300
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-13 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).
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Packet Pg. 1203 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-14 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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
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Packet Pg. 1204 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-15 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.
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Packet Pg. 1205 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-16 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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
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Packet Pg. 1206 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-17 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.
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Packet Pg. 1207 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-18 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 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.
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Packet Pg. 1208 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-19
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 17.430.3760 (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.
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Packet Pg. 1209 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-20 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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).
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Packet Pg. 1210 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-21
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 17.430.3760 (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.
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Packet Pg. 1211 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-22 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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.
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Packet Pg. 1212 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-23 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).
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Packet Pg. 1213 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-24 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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.
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Packet Pg. 1214 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-25 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, Irregular Shaped Parcels, 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.
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Packet Pg. 1215 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-26 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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 for Attached Structures), 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) for visual examples of projections.
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Packet Pg. 1216 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-27 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, covers –
opened on at least three sides
Residential zones
20% of required front
setback area or 5 ft.,
whichever is less,
except within
driveway areas
20% of required side
setback area or 50 ft.,
whichever is less
20%½ depth of required
rear setback area and at
leastor 5 ft. from rear
property line,
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 thanBetween 19” and
30” above grade
6 ft. max.
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
20% of required side
setback area
20% of required rear
setback area
Covered or eEnclosed 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 covers, 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.
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Packet Pg. 1217 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-28 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 c. Alleys. No projections at the ground level are allowed within the required setback area of a parcel abutting an alley.
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:
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Packet Pg. 1218 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-29 (1) Inside a specially-designated structure;
(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).
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Packet Pg. 1219 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-30 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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).
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Packet Pg. 1220 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-31
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.
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Packet Pg. 1221 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-32 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Figure 3-9
Traffic Visibility Area for Street-to-Street Intersections Fence Step-Down in Traffic Visibility Area
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Packet Pg. 1222 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-33 Figure 3-10
Traffic Visibility Area for Street-to-Driveway Intersections Fence Step-Down in Traffic Visibility Area
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Packet Pg. 1223 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-34 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17
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.
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Packet Pg. 1224 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) DEVELOPMENT AND USE STANDARDS 17.305
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-35 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);
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Packet Pg. 1225 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.305 DEVELOPMENT AND USE STANDARDS
3-36 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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.
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Packet Pg. 1226 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AFFORDABLE HOUSING – DENSITY BONUSES 17.310
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-37 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).
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Packet Pg. 1227 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.310 AFFORDABLE HOUSING – DENSITY BONUSES
3-38 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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).
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Packet Pg. 1228 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AFFORDABLE HOUSING – DENSITY BONUSES 17.310
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-39 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
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Packet Pg. 1229 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.310 AFFORDABLE HOUSING – DENSITY BONUSES
3-40 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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.
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Packet Pg. 1230 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AFFORDABLE HOUSING – DENSITY BONUSES 17.310
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-41
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
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Packet Pg. 1231 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.310 AFFORDABLE HOUSING – DENSITY BONUSES
3-42 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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:
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Packet Pg. 1232 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) AFFORDABLE HOUSING – DENSITY BONUSES 17.310
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 3-43
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.
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Packet Pg. 1233 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))
17.310 AFFORDABLE HOUSING – DENSITY BONUSES
3-44 DECEMBER 2012 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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.
4.5.f
Packet Pg. 1234 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) FENCES, WALLS & HEDGES 17.315
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-45 Chapter 17.315 — Fences, Walls, and Hedges
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