San Jacinto City Council
July 18, 2023

17.315.010 – Applicability

17.315.020 – Location, Height, and Type Standards

17.315.030 – Modifications to Location and Height Standards

17.315.040 – Measurement of Height

17.315.050 – Retaining Walls

17.315.060 – Standards for Specific Types of Fences and Walls

17.315.070 – Materials and Construction

17.315.075 – Modifications to Existing Walls and Fences

17.315.080 – Permit and Review Procedures

17.315.010 — Applicability
The regulations for fences, walls, and hedges apply to all zones. For development in an SP (Specific Plan) zone or subject to a Planned Development Permit issued in compliance with Chapter 17.620 (Planned Development Permits), the height, location, and design of fences, walls, and hedges may be determined by the specific plan development standards or the conditions of the Planned Development Permit, as applicable. For Specific Plans without Fence, Wall and Hedge standards, the Director shall determine the appropriate standards based on the comparable type and scope of Development.

17.315.020 — Location, Height, and Type Standards
The location and height of fences, walls, and hedges shall be determined by the setback area for the zone in which the property is located as indicated in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Table 3-4 (Standards for Fences, Walls, and Hedges) indicates the allowed location and height of fences, walls, and hedges subject to the required setback area(s) of the applicable zone. See Figure 3-11 (Types of Fencing) and Figure 3-12 (Fence, Wall, and Hedge Location and Height). (Ord. 21-02, Adopted April 20, 2021)

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Packet Pg. 1235 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.315 FENCES, WALLS & HEDGES
3-46 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-4
Standards for Fences, Walls, and Hedges
Front Yard Setback Areas Fences and Walls – Maximum Height Hedges – Maximum Height
RE and RR Zones 4 ft. open or solid fencing (additional 2 ft open may be constructed on top for overall height of 6 ft.) 4-ft 4-ft
RL, RM, RH, RVH Zones 4 ft. open or solid fencing
Commercial Zones 4 ft. open or solid fencing 6-ft
Industrial Zones 4 ft. open or solid fencing 6-ft
Mixed-Use Zones 4 ft. open or solid fencing 6-ft
Special PurposeAll other
Zones 4 ft. open or solid fencing* 6-ft
Interior Side Yards, Street Side Yards, Rear Yards, and all other areas not listed herein. (fences, walls and hedges that extend into the front yard area shall be reduced per the above limits) Industrial Zones 8-ft open or solid fencing*
8-ft
8-ft All other Zones 6-ft open or solid fencing*
*Specific uses may require different heights as listed within other section of this code or as approved and conditioned as part of a use or development permit (i.e., SPDR, CUP, etc.).

Notes:
(1) If a fence or wall is located in a required street side setback area, the fence or wall shall not extend any closer than 20 feet to the front lot line or as allowed by Section 17.305.150 (Traffic Visibility Area), whichever is most restrictive.
(2) Side yard return fences shall be set back a minimum of five feet from the front of the structure. Where the five-foot setback conflicts with a door or window opening, the Director shall determine the appropriate setback.

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Packet Pg. 1236 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 17DECEMBER 2012 20223-47 Figure 3-11
Types of Fencing
Examples of Solid Fencing
Examples of Open Fencing

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Packet Pg. 1237 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.315 FENCES, WALLS & HEDGES
3-48 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Figure 3-12
Typical Fence, Wall, and Hedge Location and Height (RL Zone)

17.315.030 — Modifications to Location and Height Standards A. Irregularly shaped lots. For flag lots and other irregularly shaped parcels where the fence location is not consistent with the required setback area for the zone in which the property is located, the Director may allow a modification to the fence location at the Director’s discretion.

B. Screening. The height of fences and walls that are intended to screen loading areas in nonresidential zones from the view from residential zones shall be determined by a lineHeight limited to 30 inches in the traffic visibility area (See Section 17.305.150 (Traffic Visibility Area).

Maximum 4 ft solid or open fencing allowed
Maximum 6-ft solid fencing required
Maximum 6-ft solid or open fencing required

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Packet Pg. 1238 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 3-49 of-sight study prepared in compliance with Section 17.330.120 (Off-Street Loading Design and Development Standards).

C. Retaining walls. See Section 17.315.050 (Retaining Walls).

D. Estate Lot or Environmental Sensitive Areas. For parcels exceeding 10,000 square feet, on Hillside Development, or in Environmentally Sensitive Areas (as determined by the appropriate CEQA evaluation), the location, type and height of fencing can be modified by the Director with the approval of a Wall and Fence Plan concurrent with the Site Plan and Design Review application.

E. In-Fill Parcels. Parcels designated by the Director as In-Fill may be exempted from the maximum fence and height requirements, fence Fence placement and locations requirements, and fence types (solid vs open) with the approval of a Wall and Fence Plan, which may be processed concurrent with, or as a condition of a the Site Plan and Design Review application, or Use Permit in the following circumstances:.

1. Institutional uses within Residential Zones.

2. Commercial uses that are not open to the general public

3. Truck Parking Lots and Outdoor Storage Uses
F. Use Specific Development Standards. In instances where a higher fence is required by the applicable development standards for a specific land use, the use specific standards shall apply.

G. Mitigation. In the event a fence or wall is required to be increased in height as part of a project specific noise, sound, or fugitive dust mitigation measure, the approval authority may increase the height of the fence or wall by up to 2 feet without a variance. (Ord. 21- 02, Adopted April 20, 2021)

17.315.040 — Measurement of Height
A. Flat elevation. Fence height shall be measured as the vertical distance between the highest finished grade of the ground abutting the fence and the top edge of the fence material. Adjacent grades shall not be artificially elevated in order to allow for a fence or wall that is higher than the allowable maximum height.

B. Sloping elevation or with retaining walls. For fences on sloping ground or on retaining walls, solid fence height of six feet may be allowed as measured from the up-slope property so long as a total height, inclusive of any retaining wall, does not exceed 10 feet as measured from the down-slope property. See Figure 3-13 (Maximum Height of Combined Fence and Retaining Wall).

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Packet Pg. 1239 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.315 FENCES, WALLS & HEDGES
3-50 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Figure 3-13
Maximum Height of Combined Fence and Retaining Wall

17.315.050 — Retaining Walls
A. Stepped retaining walls. Slopes are discouraged. An embankment to be retained that is over 48 inches in height shall be stepped so that no individual exposed retaining wall exceeds 48 inches in height, and each intervening step is a minimum width of 36 inches.

See Figure 3-14 (Stepped Retaining Walls).

Figure 3-14
Stepped Retaining Walls
B. Retaining walls in required front setback area. Retaining walls not exceeding 48 inches in total height may be allowed in a required front setback area, provided that the coverage does not exceed five percent of the required front setback area. On corner lots, retaining walls shall not be located within the traffic visibility area identified in Section

17.305.150 (Traffic Visibility Area).

C. Retaining walls on hillsides. For parcels that are located on hillsides, the location and height standards for retaining walls may be modified in compliance with Section

17.305.070 (Hillside Development Standards).

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Packet Pg. 1240 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 3-51

17.315.060 — Standards for Specific Types of Fences and Walls A. Temporary security fences. Temporary security fences may be erected around construction sites during the time a valid Building Permit is in effect for construction. A Temporary Use Permit is not required and the fences do not have to comply with the location requirements of Table 3-4, except that a traffic safety visibility area shall be maintained in compliance with Section 17.305.150 (Traffic Visibility Area). Temporary security fences shall be immediately removed upon completion of the construction authorized by the Building Permit.

B. Fencing for tennis courts. When located in a rear or side yard, but outside the rear or side yard setback area, up to 12 feet of fence height may be allowed for tennis courts.

When located within the rear or side yard setback area, up to12 feet of fence height may be allowed for tennis courts with the approval of a Minor Use Permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits).

C. Swimming pools. A swimming pool, hot tub, spa, or the entire property on which any of these are located shall be walled or fenced to prevent uncontrolled access in compliance with the California Building Code.

D. Separation of uses required. Fences and walls shall be required to separate residential from nonresidential uses.

E. Residential Subdivisions. Residential subdivisions shall provide solid decorative masonry walls as follows:

1. Along the exterior perimeter of the tract. View fences may be approved by the Director as appropriate per an approved Wall and Fence Plan.

2. Along street side yards

3. As return walls from Street Side for corner lots.

4. Modifications. The Director may modify any of these standards based on topography, compatibility or architectural design of the community or adjacent development with approval of a Wall and Fence Plan.

17.315.070 — Materials and Construction
A. Materials in all zones.

1. When in areas where not normally allowed. Fences and walls that are authorized in an area where they are normally prohibited shall be constructed of brick, concrete, decorative masonry, wrought -iron, or any other similar materials acceptable to the Director.

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Packet Pg. 1241 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.315 FENCES, WALLS & HEDGES
3-52 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17

2. When for purpose of separating land uses or zones. Fences and walls that separate different land uses or zones shall be constructed only of decorative masonry.

3. Gates. Gates in fences and walls shall be wrought iron, vinyl, or any other similar materials acceptable to the Director. Only pedestrian gates (3 ft. wide, no vehicle access or gates, etc.) are permitted on street side return area for corner lots.

4. Prohibited materials.
a. Barbed, razor wire or a similar type wire shall not be used as any part of a fence except where approved by the Director for use in conjunction with an Industrial or Agricultural use. Barbed, razor wire or similar type wire when permitted by the Director shall not be placed where it will be visible from any facing street or right of way. Barbed wire, razor wire, or any other similar materials that contain an electrical charge that can be touched from outside the fence and wall shall be prohibited. b. Electrified Fencing. The use of electrified fencing or wires in conjunction with any fence, wall, roof, hedge, or by itself along the property lines of a parcel within any land use zoning district is prohibited unless required by the law or a regulation of the City, the County, the State, Federal Government, agency, or as a condition of approval. The fencing may be allowed within the interior of a parcel if buffered from other properties by a separate barrier.
c. Chain link that contains slats or is covered in tarps or other materials, expectexcept for temporary construction screening purposes with a valid Building Permit. (Ord. 21-02, Adopted April 20, 2021)

5. Compatibility with existing theme. Where a fence and wall type or theme exists in a development, fences and walls that are replaced or repaired shall be consistent with the existing fence and wall type or theme as determined by the Director.

6. Alternative materials. The Director may approve alternative fence and wall materials, if the Director finds a need for the alternative fence and wall materials due to special security or inventory display considerations.

7. Wood. Wood fences, where allowed, shall comply with the following specifications:
a. Materials.

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Packet Pg. 1242 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 3-53 (1) All wood shall be pressure treated Douglas Fir or equivalent. (2) Minimum size vertical fence board shall be 1 inch by 6 inches. (3) Exposed wood surfaces shall be painted with two coats of exterior grade paint or oil base stain, color to be neutral to match that of stucco or the structure’s exterior.
b. Construction.
(1) Wood fences shall be supported by a 2-½ inch diameter tubular steel post (adjacent to gate post shall be 3 inches) set eight feet on centers in an 18-inch by 10-inch concrete post footing. The steel posts shall not be visible from any public right(s)-of-way. (2) Top and bottom rails shall be provided on both sides of the fence to attach the 1-inch by 6-inch vertical fence boards.
(3) A 2-inch by six-inch base bolted to the support post shall be provided.
(4) A 2-inch by six-inch cap extending the length of the fence shall be affixed to the top support rails.
(5) Hinges, brackets, and bolts (3/8 inch minimum) shall be galvanized and where exposed shall be painted to match the color of the fence.

8. Decorative Masonry. For the purposes of this Section, Decorative Masonry shall consist of split face block, brick, or stucco finished CMU block. Precision block is generally not decorative unless incorporated into a split face design (i.e. 25% precision block in a decorative layout/design with 75% split face). Slump Stone is generally not decorative. Decorative caps may include precision block capstones. Decorative Masonry shall be to the satisfaction of the Director.

B. Materials in Residential zones. In addition to the standards in Subsection A (Materials in all zones), the following standards shall apply:

1. Visible from public right-of-way. Fences and walls that are visible from a public right-of-way as follows:
a. On the street side, including street side yard returns, shall be constructed of solid decorative materials (e.g., brick, concrete, masonry, stucco, etc.) acceptable to the Director. Wood is prohibited.

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Packet Pg. 1243 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.315 FENCES, WALLS & HEDGES
3-54 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 b. Interior Side yard return (i.e., running from house to house) shall be constructed of solid decorative materials, vinyl, wrought iron, or any other similar materials acceptable to the Director. Wood is prohibited. c. Within the front setback area shall be constructed of block, wrought iron, combination block and wrought iron, "picket," or "split rail" materials acceptable to the Director. Any "picket" and "split rail" shall be continuously maintained so as to appear in a "new" condition. Walls shall have decorative capping.

2. Not visible from public right-of-way. Fences and walls that are not visible from a public right-of-way, , may be constructed of wood or other approved material.

3. Chain link. Chain link shall only be permitted in areas where the predominate material is existing chain link, such as infill developments or replacement of existing chain link fences, with approval of the Director.

C. Materials in Non-Residential zones. In addition to the standards in Subsection A (Materials applicable in all zones), the following standards shall apply:

1. Located within the front building setback area or between the building and right-of-way. Fences and walls that are located within the front building setback area or between the building and the public right of way shall be constructed of masonry, decorative block, brick, wrought iron, tube steel, or other non-opaque material acceptable to the Director.

2. Other areas. Fences and walls that are not located within the front building setback area, or between the building and right-of-way, may be constructed of masonry, block, brick, vinyl, wrought iron, tube steel or other approved material acceptable to the Director.

3. Prohibited. Wood fences shall be prohibited. Chain Link fences shall be prohibited, except when fully screened from the public right-of-way.

D. Materials in Mixed-Use Zones. For projects located in the Mixed-Use Zones, the residential components shall comply with Subsection B (Materials in Residential Zones) above and the non-residential components shall comply with Subsection C (Materials in Non-Residential Zones) above, as approved by a Wall and Fence Plan acceptable to the Director.

17.315.075 — Modifications to Existing Walls and Fences Any person proposing to modify or replace an existing wall or fence constructed shall comply with the following:

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Packet Pg. 1244 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 3-55

1. Replacement or Modification of a non-conforming wall or fence shall not increase the degree of non-conformity including, but not limited to, placement, height, or materials.

Replacement material shall conform to the standards of this section to the satisfaction of the Director.

2. Replacement or Modification of conforming walls or fences shall be replaced or modified in conformance with the standards of this sections.

3. Replacement or Modification of walls or fences in reverse frontage or street side, shall be uniform for the block in which it is located to the satisfaction of the Director.

17.315.080 — Permit and Review Procedures
A. Department review and approval required.

1. Any person proposing to install a new wall or fence or replace or repair an existing wall or fence shall submit copies of the plans and details to the Director for review and approval. The submittal package shall include a plot plan drawn to scale, reflecting lot lines, adjacent public rights-of-way, driveways and existing buildings and structures. A dimensional detail of the proposed fence or wall shall also be provided reflecting the proposed materials and proposed height from existing and finished grade.

2. The Director shall approve the proposed fence or wall only if it is found to be in compliance with the applicable provisions of this Chapter. Replacement walls and fences shall meet current standards.

B. Building Permit required. A fence or wall shall be installed or constructed only following the issuance of a Building Permit.

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Packet Pg. 1245 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-56 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.325 — Water Efficient Landscape and Irrigation

17.325.010 — Findings

17.325.020 — Purpose

17.325.030 — Applicability

17.325.040 — Exemptions from Landscaping Requirements

17.325.050 — Definitions

17.325.060 — Landscape and Irrigation Submittal Package Requirements

17.325.070 — Certificate of Completion

17.325.080 — Irrigation Scheduling

17.325.090 — Landscape and Irrigation Maintenance Schedule

17.325.100 — Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis

17.325.110 — Recycled Water

17.325.120 — Graywater Systems

17.325.130 — Stormwater Management and Rainwater Retention

17.325.140 — Water Waste Prevention

17.325.150 — Maintenance

17.325.160 — Public Education

17.325.170 — Environmental Review

17.325.180 — Reporting

17.325.190 — Protection of Solar Access

17.325.200 — Prescriptive Compliance Option

17.325.010 — Findings
The City finds that:

A. The waters of the state are of limited supply and are subject to ever increasing demands; therefore:

1. The continuation of California’s and the City’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;

2. It is the policy of the State and City to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

3. Landscapes are essential to the quality of life in California and the City by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

4. Landscape design, installation, maintenance and management can and should be water efficient; and

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Packet Pg. 1246 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-57

5. The City recognizes that Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.

17.325.020 — Purpose
A. Water Efficient Landscaping – Consistent with the above findings, the purpose of this Chapter of the Zoning Code is to:

1. Promote the values and benefits of landscaping practices that integrate and transcend the conservation and efficient use of water;

2. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects by using a whole system watershed approach in landscapes of any size and scale that require cross-sector collaboration to achieve the many benefits possible:

3. Establish provisions for water management practices and water waste prevention for existing landscapes;

4. Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount;

5. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

6. Encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure;

7. Encourage local agencies to designate the necessary authority that implements and enforces the provisions of this Chapter 17.325 – Water Efficient Landscape and Irrigation;

8. Require landscapes that are planned, designed, installed, managed and maintained with the watershed based approach can improve California’s and the City’s environmental conditions and provide benefits and realize sustainability goals. Such landscapes will make the urban environment resilient in the face of climatic extremes; and

9. Recognize that the conditions in the urban setting will be improved by:

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Packet Pg. 1247 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-58 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 a. Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth that leads to more carbon storage, oxygen production, shade, habitat and esthetic benefits; b. Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum based fertilizers and pesticides, and planting climate appropriate shade trees in urban areas; c. Conserving water by capturing and reusing rainwater and graywater wherever possible and selecting climate appropriate plants that need minimal supplemental water after establishment;
d. Protecting air and water quality by reducing power equipment use and landfill disposal trips, selecting recycled and locally sourced materials, and using compost, mulch and efficient irrigation equipment to prevent erosion; and
e. Protecting existing habitat and creating new habitat by choosing local native plants, climate adapted non-natives and avoiding invasive plants.

Utilizing integrated pest management with least toxic methods as the first course of action. (CCR, Title 23, Division 2, Chapter 2.7, §490) B. Landscaping Standards – the purpose of this Chapter of the Zoning Code is to

1. Enhance the aesthetic appearance of the City by providing standards related to the quality and functional aspects of landscaping;

2. Increase the compatibility between abutting land uses and public rights-of-way by providing appropriate and suitable landscape screening and buffers;

3. Provide for the conservation and protection of water resources through the efficient use of water, as required by Government Code Section 65595 and Municipal Code Chapter 13.04.070 (Water Conservation and Water Supply Shortage Program and Regulations), and the appropriate use of plant materials suitable for climate and location, and regular maintenance of landscaped areas; and

4. Protect public health, safety, and welfare by preserving property values and enhancing pedestrian and vehicular traffic and safety.

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Packet Pg. 1248 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-59

17.325.030 — Applicability
A. Water Efficient Landscaping

1. This Chapter, consistent with Executive Order No. B-29-15, shall apply to all of the following landscape projects:
a. New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review;
b. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;
c. Existing landscapes that were installed before December 1, 2015 and are over one acre in size (subject to Sections 17.325.100 and 17.325.140 only); and
d. Cemeteries (subject to Sections 17.325.060 (B), 17.325.090, and 17.325.100 only) and existing cemeteries (subject to Sections 17.325.100 and

17.325.140 only).

2. This Chapter may apply to any project with an aggregate landscape area of 2,500 square feet or less by complying with the performance requirements of this Chapter or conforming to the prescriptive measures contained in Section

17.325.180 – Prescriptive Compliance Option.

3. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Section 17.325.180 – Prescriptive Compliance Option.

17.325.040 — Exemptions from Landscaping Requirements
The following areas or projects shall be exempt from the landscaping requirements in this Section:

A. Registered local, state or federal historical sites; B. Ecological restoration projects that do not require a permanent irrigation system; C. Mined-land reclamation projects that do not require a permanent irrigation system; or

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Packet Pg. 1249 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-60 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Existing plant collections, as part of botanical gardens and arboretums open to the public.

17.325.050 — Definitions
The terms used in this Chapter have the meaning set forth below:

A. “Applied water” means the portion of water supplied by the irrigation system to the landscape.

B. “Automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weatherbased) or soil moisture data.

C. “Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

D. “Certificate of Completion” means the document required under 17.325.070 – Certificate of Completion.

E. “Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s Water Sense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program.

F. “Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s Water Sense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program.

G. “Check valve” or “anti-drain valve” means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads when the system is off.

H. “Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

I. “Compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

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Packet Pg. 1250 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-61 J. “Conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year. Check with the water purveyor as they may have a different Conservation Factor (CF).

K. “Distribution uniformity” means the measure of the uniformity of irrigation water over a defined area.

L. “Drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

M. “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

N. “Effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth. Effective Precipitation (25% of annual precipitation) in tracking water use and shall use the following equation to calculate Maximum Applied Water Allowance: MAWA= (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas. MAWA= (ETo - Eppt) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas.

O. “Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

P. “Established landscape” means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years of growth.

Q. “Establishment period of the plants” means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment.

Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.

R. “Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in 17.325.060 B – Water Efficient Landscape Worksheet.

S. “ET adjustment factor” (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (nonrehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing nonrehabilitated landscapes is 0.8.

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Packet Pg. 1251 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-62 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 T. “Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

U. “Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

V. “Flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or sub-meter.

W. “Friable” means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

X. “Fuel Modification Plan Guideline” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

Y. "Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.

Health and Safety Code Section 17922.12.

Z. “Hardscapes” means any durable material (pervious and non-pervious).

AA. “Hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.

BB. “Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

CC. “Invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. It also means those invasive plant species noted in Table 6-2 (Plants That Should be Avoided Adjacent to the MSHCP Conservation Area).

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Packet Pg. 1252 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-63 DD. “Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “Watersense” labeled auditing program.

EE. “Irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Chapter is 0.75 for overhead spray devices and 0.81 for drip systems.

FF. “Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

GG. “Irrigation water use analysis” means a review of water use data based on meter readings and billing data.

HH. “Landscape architect” means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.

II. “Landscape area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation.

The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

JJ. “Landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

KK. “Landscape and Irrigation Submittal Package” means the documents required under Section 17.325.060 – Landscape and Irrigation Submittal Package Requirements.

LL. “Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this Chapter, meeting requirements under17.325.030 – Applicability.

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Packet Pg. 1253 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-64 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 MM. “Landscape water meter” means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

NN. “Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

OO. “Local water purveyor” means any entity, including a public agency, city, county or private water company that provides retail water service.

PP. “Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

QQ. “Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet.

RR. “Master shut-off valve” is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed, water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

SS. “Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in 17.325.060 B – Water Efficient Landscape Worksheet. It is based upon the area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1- ETAF) x SLA)].

TT. “Median” is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

UU. “Microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

VV. “Mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

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Packet Pg. 1254 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-65 WW. “Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

XX. “New construction” means, for the purposes of this Chapter, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

YY. “Non-residential landscape” means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

ZZ. “Operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

AAA. “Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).

BBB. “Overspray” means the irrigation water which is delivered beyond the target area.

CCC. “Permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

DDD. “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.

EEE. “Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this Chapter, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Chapter are derived from the publication “Water Use Classification of Landscape Species”. Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

FFF. “Project applicant” means the individual or entity submitting a Landscape and Irrigation Submittal Package required under 17.325.060 – Landscape and Irrigation Submittal Package Requirements to request a permit, plan check, or design review from the City. A project applicant may be the property owner or his or her designee.

GGG. “Rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.

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Packet Pg. 1255 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-66 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 HHH. “Record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

III. “Recreational area” means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf courses tees, fairways, roughs, surrounds and greens.

JJJ. “Recycled water”, “reclaimed water”, or “treated sewage effluent water” means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

KKK. “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in the table below, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated. A Landscape Architect may adjust the ETo based upon their expertise of the area and proposed plant materials.

REFERENCE EVAPOTRANSPIRATION (ETO) TABLE
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
ETo

2.3 2.4 4.1 4.9 6.4 6.9 7.7 7.5 6.0 3.9 2.6 2.1 56.8
LLL. “Rehabilitated landscape” means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of 17.325.030 – Applicability, and the modified landscape area is equal to or greater than 2,500 square feet.

MMM.“Residential landscape” means landscapes surrounding single or multifamily homes.

NNN. “Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

OOO. “Soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

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Packet Pg. 1256 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-67 PPP. “Soil texture” means the classification of soil based on its percentage of sand, silt, and clay.

QQQ. “Special Landscape Area” (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water.

RRR. “Sprinkler head” means a device which delivers water through a nozzle.

SSS. “Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.

TTT. “Station” means an area served by one valve or by a set of valves that operate simultaneously.

UUU. “Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

VVV. “Sub-meter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

WWW.“Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses.

Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.

XXX. “Valve” means a device used to control the flow of water in the irrigation system.

YYY. “Water conserving plant species” means a plant species identified as having a very low or low plant factor.

ZZZ. “Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high-water use hydrozone of the landscape area.

Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

AAAA. “Watering window” means the time of day irrigation is allowed.

BBBB. “WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, and the Department of Water Resources 2014. (CCR, Title 23, Division 2, Chapter 2.7, §491)

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Packet Pg. 1257 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-68 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.325.060 — Landscape and Irrigation Submittal Package Requirements An applicant proposing any new or rehabilitated landscape subject to this Chapter shall prepare and submit an application to the City for review and approval by the Director or his/her designee. The planting plan, irrigation plan, and soils management plan shall be reviewed to ensure that all components of the plans adhere to the requirements of this Chapter. No certificate of occupancy or other final City approval shall be issued until the City reviews and approves the landscape and irrigation plans and the landscape and irrigation are installed in accordance with the approved plans. A copy of the approved landscape and irrigation plans and conditions of approval shall be provided to the property owner or site manager along with any other information normally forwarded to the property owner or site manager.

A. The Landscape and Irrigation Submittal Package
A Landscape and Irrigation Plan shall be approved by the Director or his/her designee.

Submittal shall be required before the issuance of a Building or Grading Permit.

Approval shall be required before the issuance of a Business License, or Certificate of Occupancy for any applicable project (17.325.030 – Applicability).

1. Area requirements. Unless exempt in compliance with Section 17.325.040 (Exemptions from Landscaping Requirements) the following landscaping shall be provided:
a. Minimum percentage area. Each residential and nonresidential land use shall provide and maintain minimum landscaped areas based on impervious surface coverage standards in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
b. Parking areas. Parking areas shall be landscaped in compliance with Section 17.330.090 (Landscaping Standards for Parking Areas). Parking lot areas shall be counted as part of the total lot area when computing the minimum landscaped area.
c. Minimum dimensions. Landscaped areas shall measure at least five feet in any direction in order to be counted as meeting the minimum requirements.

2. Content. Landscape plans, including fuel modification plans, shall be prepared in compliance with the City’s Landscape Design Guidelines.

3. Review. After initial application, the Director, or his/her designee, shall review the plans for compliance with the requirements of this Chapter. In addition, plans for projects in wildland fire hazard areas or hillside locations shall be submitted to the Fire Chief for approval before final approval of the landscape and irrigation plans.

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Packet Pg. 1258 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-69

4. Installation. Landscaping shall be installed:
a. Only after the applicant receives approval of the landscape plans; and b. Before issuance of the final Certificate of Occupancy or final Building Permit, except for extensions granted by the Director due to exceptional and unforeseen circumstances (e.g., seasonal conditions).

5. Changes to approved landscape plans. Changes to the approved landscape and irrigation plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval before installation.

6. Statement of surety. A statement of surety in the form of cash, performance bond, letter of credit, or certificate of deposit in an amount equal to 120 percent of the total value of all plant materials, irrigation, installation, water, and maintenance shall be posted with the City for a two-year period. The Director, or his/her designee, may require statements of surety for phased development projects.

7. General design standards. The following features shall be incorporated into the design of landscaped areas and shall comply with the specifications in the City’s Landscape Design Guidelines.
a. Landscaping shall be planned as an integral part of the overall project design and not simply located in excess space after parking areas and structures have been planned.
b. Landscaped areas shall be provided with an automatic irrigation system(s) per 17.325.060E (Irrigation Design Plan).
c. Landscaping may also include small amounts of accessory decorative outdoor landscape elements (e.g., ponds, fountains, sculpture, and paved or decorated surfaces) excluding driveways, parking, and storage areas. d. Front setbacks and side setbacks abutting a street shall be landscaped and maintained. A minimum of 50 percent of the area required to be landscaped shall consist of live plants.
e. Sidewalks providing pedestrian access shall be considered in the design of all landscaped areas, including the need to locate plants, utility boxes, backflow devices and fire backflow preventers, so as not to interfere with the ability of pedestrians to have an adequate view of paths and surrounding areas to ensure their safety.

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Packet Pg. 1259 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-70 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 f. Landscape planting shall include adjacent public street rights-of-way, in compliance with the City’s Landscape Design Guidelines. g. Landscaping over 30 inches in height shall not be allowed within a traffic visibility area formed by the intersection of public rights-of-way, parking lot entrances and exits, pedestrian rights-of-way, driveways, or alleys as determined by the Director in compliance with Section 17.305.150 (Traffic Visibility Area).
h. Landscaping shall be required to screen storage areas, trash enclosures, and parking areas in compliance with Section 17.305.110 (Screening and Buffering).
i. Graded areas proposed for development in a later phase shall be planted with native vegetation specified in an approved revegetation plan and shall be maintained in a weed-free condition until development occurs, if the later phase will not begin construction within six months of completion of the previous phase.
j. Graded slopes in excess of 15-feet in vertical height shall be landscaped and irrigated in accordance with Section 15.04.020 – 2013 Building Code Adopted Modifications.

8. The Landscape and Irrigation Submittal Package shall include:
a. a completed application packet provided by the City; b. the Water Efficient Landscape Worksheet, including the MAWA and ETWU;
c. the soils management report;
d. landscape design plan;
e. irrigation design plan; and
f. the grading plan.

B. Water Efficient Landscape Worksheet

1. The project applicant shall complete the Water Efficient Landscape Worksheet in the Landscape and Irrigation Submittal Package which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of

0.55 for residential areas and 0.45 for non-residential areas, exclusive of Special

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Packet Pg. 1260 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-71 Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and

0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.
a. In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, the project applicant shall use the ETo values from the Reference Evapotranspiration Table in 17.325.050 JJJ. For geographic areas not covered in 17.325.050 JJJ use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

2. Water budget calculations shall adhere to the following requirements:
a. The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.
b. All water features shall be included in the high-water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.
c. All Special Landscape Areas shall be identified and their water use calculated as shown in the Water Efficient Landscape Worksheet of the Landscape and Irrigation Submittal Package provided by the City. d. ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

C. Soils Management Report

1. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:
a. Submit soil samples to a laboratory for analysis and recommendations.

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Packet Pg. 1261 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-72 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 (1) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

2. The soil analysis shall include:
a. soil texture;
b. infiltration rate determined by laboratory test or soil texture infiltration rate table;
c. pH;
d. total soluble salts;
e. sodium;
f. percent organic matter; and
g. recommendations

3. In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of 1 in 7 lots or approximately 15%will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots.

4. The project applicant, or his/her designee, shall comply with one of the following:
a. If significant mass grading is not planned, the soil analysis report shall be submitted to the City as part of the Landscape and Irrigation Submittal Package; or
b. If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certificate of Completion.

5. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

6. The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the City with Certificate of Completion.

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Packet Pg. 1262 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-73 D. Landscape Design Plan

1. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project and all requirements of Articles 2, 3 and 4 of the Development Code should be included in the design, including but not limited to, the landscaping requirements for parking lots, trash enclosures, and the like. The City’s Landscape Design Guidelines, as may be periodically amended by the Director, are incorporated by reference to assist in designing, constructing, and maintaining a water efficient landscape and irrigation system. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape and Irrigation Submittal Package. a. Plant Material
(1) Only plant materials listed on the City’s approved plant list shall be accepted, unless otherwise approved in writing by the Director or his/her designee. The approved plant list is contained in the City’s Landscape Design Guidelines.
(2) An appropriate mix of plant materials shall be provided. (3) Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and traffic visibility areas. (4) Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners, particularly the right to solar access.
(5) Trees planted near public sidewalks or curbs shall be of a species and installed in a manner that prevents physical damage to the sidewalks, curbs, gutters and other public improvements. (6) Any plant may be selected for the landscape providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. Methods to achieve water efficiency shall include one or more of the following:
i. protection and preservation of native species and natural vegetation;
ii. selection of water-conserving plant, tree and turf species, especially local native plants;
iii. selection of plants based on local climate suitability, disease and pest resistance;

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Packet Pg. 1263 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325

WATER EFFICIENT LANDSCAPE &IRRIGATION
3-74DECEMBER 20122022SAN JACINTO DEVELOPMENT CODE,TITLE 17 iv. selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as
appropriate for the planting area:
v. selection of plants from local and regional landscape program plant lists;
vi. selection of plants from local Fuel Modification Plan Guidelines; and
vii. Turf shall only be permitted in medians if permitted under current State Drought Regulations. Check with the water purveyor to determine current regulations for planting
medians.
(7) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 17.325.060 E 2 d – Irrigation Design Plan. (8) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:
i. use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
ii. recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; and
iii. consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
(9) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent) and shall be limited in public medians in accordance with current water drought restrictions.

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Packet Pg. 1264 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-75 (10) High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.
(11) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines.
(12) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged. (13) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
b. Water Features
(1) Recirculating water systems shall be used for water features. (2) Where available, recycled water shall be used as a source for decorative water features.
(3) Surface area of a water feature shall be included in the high-water use hydrozone area of the water budget calculation.
(4) Pool and spa covers are highly recommended.
c. Soil Preparation, Mulch and Amendments
(1) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.
(2) Soil amendments shall be incorporated according to
recommendations of the soil report and what is appropriate for the plants selected (see 17.325.060 C – Soils Management Report). (3) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with

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Packet Pg. 1265 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-76 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 greater than 6%organic matter in the top 6 inches of soil are exempt from adding compost and tilling.
(4) A minimum three-inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5 %of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(5) Stabilizing mulching products shall be used on slopes that meet current engineering standards.
(6) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
(7) Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.
d. The landscape design plan, at a minimum, shall:
(1) delineate and label each hydrozone by number, letter, or other method;
(2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;
(3) identify recreational areas;
(4) identify areas permanently and solely dedicated to edible plants; (5) identify areas irrigated with recycled water;
(6) identify type of mulch and application depth;
(7) identify soil amendments, type, and quantity;
(8) identify type and surface area of water features;

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Packet Pg. 1266 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-77 (9) identify hardscapes (pervious and non-pervious); and (10) identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the City or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in 17.325.130 – Stormwater Management and Rainwater Retention.
(11) identify any applicable rain harvesting or catchment technologies as discussed in Section17.325.130 – Stormwater Management and Rainwater Retention and their 24-hour retention or infiltration capacity;
(12) identify any applicable graywater discharge piping, system components and area(s) of distribution;
(13) contain the following statement: “I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan”;
(14) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code); and
(15) identify compliance with Section 15.04.020 – 2013 Building Code Adopted Modifications for Graded slopes in excess of 15-feet in vertical height.

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Packet Pg. 1267 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-78 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 E. Irrigation Design Plan

1. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period.

For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape and Irrigation Submittal Package.
a. System
(1) Landscape water meters, defined as either a dedicated water service meter or private sub-meter, shall be installed for all nonresidential irrigated landscapes of 1,000 square feet but not more than 5,000 square feet (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either:
i. a customer service meter dedicated to landscape use
provided by the local water purveyor; or
ii. a privately-owned meter or sub-meter.
b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.
c. If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.
(1) If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
(2) Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not

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Packet Pg. 1268 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-79 available at the design stage, the measurements shall be conducted at installation.
d. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.
e. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
f. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable City code (i.e., public health) for additional backflow prevention requirements.
g. Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger.
h. Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.
i. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
j. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. k. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
l. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in 17.325.060 B – Water Efficient Landscape Worksheet regarding the Maximum Applied Water Allowance.

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Packet Pg. 1269 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-80 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 m. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard. All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
n. It is highly recommended that the project applicant or City inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
o. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
p. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.
q. Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.
r. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turf grass.
s. Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.
t. Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.
u. Overhead irrigation shall not be permitted within 24 inches of any nonpermeable surface. Allowable irrigation within the setback from nonpermeable surfaces may include drip, drip line, or other low flow nonspray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material.

These restrictions may be modified if:
(1) the landscape area is adjacent to permeable surfacing and no runoff occurs; or

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Packet Pg. 1270 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-81 (2) the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or
(3) the irrigation designer specifies an alternative design or technology, as part of the Landscape and Irrigation Submittal Package and clearly demonstrates strict adherence to irrigation system design criteria in 17.325.060 E 1 i. Prevention of overspray and runoff must be confirmed during the irrigation audit. v. Slopes greater than 25% shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape and Irrigation Submittal Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. w. Graded slopes in excess of 15-feet in vertical height shall be landscaped and irrigated in compliance with Section 15.04.020 – 2013 Building Code Adopted Modifications.

2. Hydrozone
a. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. b. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. c. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.
d. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
(1) plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
(2) the plant factor of the higher water using plant is used for calculations.
e. Individual hydrozones that mix high and low water use plants shall not be permitted.

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Packet Pg. 1271 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-82 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 f. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Water Efficient Landscape Worksheet of the Landscape and Irrigation Submittal Package provided by the City. This table can also assist with the irrigation audit and programming the controller.

3. The irrigation design plan, at a minimum, shall contain:
a. location and size of separate water meters for landscape; b. location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;
c. static water pressure at the point of connection to the public water supply;
d. flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; e. recycled water irrigation systems as specified in 17.325.110 – Recycled Water;
f. the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)

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Packet Pg. 1272 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-83 F. Grading Design Plan

1. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape and Irrigation Submittal Package. A comprehensive grading plan prepared by a civil engineer for other City permits satisfies this requirement. Check with the City Engineer for requirements on preparation of a grading plan.
a. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
(1) height of graded slopes;
(2) drainage patterns;
(3) pad elevations;
(4) finish grade;
(5) stormwater retention improvements, if applicable; and (6) compliance with Section 15.04.020 – 2013 Building Code Adopted Modifications for Graded slopes in excess of 15-feet in vertical height.
b. To prevent excessive erosion and runoff, it is highly recommended that project applicants:
(1) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable
hardscapes;
(2) avoid disruption of natural drainage patterns and undisturbed soil; and
(3) avoid soil compaction in landscape areas.
c. The grading design plan shall contain the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan” and shall bear the signature of a licensed professional as authorized by law.

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Packet Pg. 1273 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-84 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.325.070 — Certificate of Completion
A. The Certificate of Completion (see Certificate of Completion Form of the Landscape and Irrigation Submittal Package provided by the City for a sample certificate) shall be filled out by the applicant upon completion of the landscape project and shall include the following six (6) elements:

1. project information sheet that contains:
a. date;
b. project name;
c. project applicant name, telephone, and mailing address; d. project address and location; and
e. property owner name, telephone, and mailing address;

2. certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape and Irrigation Submittal Package;
a. where there have been, significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification;
b. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

3. irrigation scheduling parameters used to set the controller (see 17.325.080 – Irrigation Scheduling);
a. landscape and irrigation maintenance schedule (see 17.325.090 – Landscape and Irrigation Maintenance Schedule);
b. irrigation audit report (see 17.325.100 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis); and
c. soil analysis report, if not submitted with Landscape and Irrigation Submittal Package, and documentation verifying implementation of soil report recommendations (see 17.325.060 C – Soils Management Report).

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Packet Pg. 1274 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-85 B. The project applicant shall:

1. submit the signed Certificate of Completion along with the Statement of Surety to the City for review and approval;

2. ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee.

C. The City shall:

1. receive the signed Certificate of Completion and Statement of Surety from the project applicant;

2. approve or deny the Certificate of Completion and Statement of Surety. If the Certificate of Completion and/or the Statement of Surety are denied, the City shall provide information to the project applicant regarding reapplication or other assistance.

17.325.080 — Irrigation Scheduling
A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health.

Irrigation schedules shall meet the following criteria:

1. Irrigation scheduling shall be regulated by automatic irrigation controllers.

2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use.

Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

4. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
a. the plant establishment period;
b. the established landscape; and

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Packet Pg. 1275 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-86 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 c. temporarily irrigated areas.

5. Each irrigation schedule shall consider for each station all of the following that apply:
a. irrigation interval (days between irrigation);
b. irrigation run times (hours or minutes per irrigation event to avoid runoff);
c. number of cycle starts required for each irrigation event to avoid runoff; d. amount of applied water scheduled to be applied on a monthly basis; e. application rate setting;
f. root depth setting;
g. plant type setting;
h. soil type;
i. slope factor setting;
j. shade factor setting; and
k. irrigation uniformity or efficiency setting.

17.325.090 — Landscape and Irrigation Maintenance Schedule A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.

B. A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices.

Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

D. A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.

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Packet Pg. 1276 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-87

17.325.100 — Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis A. All landscape irrigation audits shall be conducted by a City landscape irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

B. In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots (as long as at least one of each typical landscape design is audited) or approximately 15% will satisfy this requirement. Should the landscape review and/or installation occur in phases then this requirement will apply to each phase.

C. For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in 17.325.030 – Applicability;

1. the project applicant shall submit an irrigation audit report with the Certificate of Completion to the City that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;

2. the City shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance.

3. If the local water purveyor has stricter requirements than called for in this Chapter, the project applicant is responsible for contacting the water purveyor to determine what the requirements are and designing the plans to those requirements. The City will work with the project applicant to implement the water purveyor’s requirements.

D. This section, shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size.

1. For all landscapes that have a water meter, the City shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62).

2. For all landscapes that do not have a meter, the City shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to

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Packet Pg. 1277 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-88 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 evaluate water use and provide recommendations as necessary in order to prevent water waste.

17.325.110 — Recycled Water
A. Recycled/reclaimed water shall be utilized whenever available, and reclaimed irrigation equipment shall be specified on the landscape plans.

B. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

C. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.

D. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

E. Applicants using recycled water for their landscape and irrigation plans shall consult with the appropriate water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that the plans, when submitted, comply with the applicable standards, approvals, and implementation requirements of this Chapter, the water purveyor and any applicable maintenance entity.

F. Water systems for common open space areas shall use non-potable water if approved facilities are made available by the water purveyor. Provisions for a non-potable water system shall be provided within the irrigation design plan. Water systems designed to utilize non-potable water shall be designed to meet all applicable standards of the Regional Water Quality Control Board, the Riverside County Health Department, and the appropriate water purveyor.

17.325.120 — Graywater Systems
A. Graywater systems promote the efficient use of water and are encouraged to assist in onsite landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and 17.325.030 A 3 – Applicability for the applicability of this Chapter to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater.

17.325.130 — Stormwater Management and Rainwater Retention A. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best

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Packet Pg. 1278 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-89 management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

B. Project applicants shall refer to Chapter 13.04 – Water Service System Generally, Chapter

13.44.060 – Stormwater Management Discharge of Pollutants and Chapter 13.44.130 – Stormwater Management New Development and Redevelopment of the Municipal Code for information on any applicable stormwater technical requirements ordinances and stormwater.

C. All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to17.325.060 D 1 c – Landscape Design Plan.

D. It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: the one inch, 24-hour rain event or the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.

E. It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use:

1. Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

2. Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

3. Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

4. Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

5. Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

6. Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil.

7. Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.

17.325.140 — Water Waste Prevention
A. Landscape areas shall be designed and maintained to ensure water efficiency, avoid runoff, and promote conservation in compliance with the City’s Landscape Design

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Packet Pg. 1279 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-90 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Guidelines and this Chapter. Suggested methods include checking, adjusting, and repairing irrigation equipment; resetting automatic controllers; installing precipitation sensors; aerating and detaching turf areas; adding or replenishing mulch, fertilizer, and soil amendments; and pruning and weeding all landscaped areas.

B. Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non-irrigated areas, sidewalks, roadways, or structures is prohibited.

An estimated annual water use budget shall be prepared for the entire landscape area in compliance with the City’s Landscape Design Guidelines and landscape water use efficiency requirements in this Chapter.

C. The City shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures. Violation of these prohibitions shall be subject be penalized in accordance with Section 13.04.070 – Rationing of Water–Authority).

D. Restrictions regarding overspray and runoff may be modified if:

1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or

2. the adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

17.325.150 — Maintenance
All installed landscaping and irrigation systems shall be continually maintained. Maintenance shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, monitoring for pests and disease, the removal and timely replacement of dead plants, and the repair and timely replacement of irrigation systems, and integrated architectural features.

17.325.160 — Public Education
A. Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.

1. The City or water suppliers/purveyors will provide information to owners of permitted renovations and new single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.

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Packet Pg. 1280 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-91 B. Model Homes. All model homes shall be landscaped and shall use signs and written information to demonstrate the principles of water efficient landscapes described in this Chapter.

1. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per this Chapter; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

2. Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

17.325.170 — Protection of Solar Access
In compliance with Public Resources Code Section 25982, a structure, fence, or wall shall not be constructed or modified, and vegetation shall not be placed or allowed to grow after the effective date of this Chapter, so as to obstruct more than 10 percent of the absorption area of a solar energy system on a neighboring parcel at any one time between the hours of 10 a.m. and 2 p.m.

17.325.180 – Prescriptive Compliance Option
A. This appendix contains prescriptive requirements which may be used as a compliance option to this Chapter.

B. Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:

1. Submit a Landscape and Irrigation Submittal Package which includes the following elements:
a. Date
b. project applicant
c. project address (if available, parcel and/or lot number(s)) d. total landscape area (square feet), including a breakdown of turf and plant material
e. project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed)

4.5.f
Packet Pg. 1281 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.325 WATER EFFICIENT LANDSCAPE & IRRIGATION
3-92 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 f. water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well g. contact information for the project applicant and property owner h. applicant signature and date with statement, “I agree to comply with the requirements of the prescriptive compliance option of Chapter 17.325 – Water Efficient Landscape and Irrigation Chapter.

2. Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test);

3. Plant material shall comply with all of the following; a. For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water;
b. For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water;
c. A minimum three-inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

4. Turf shall comply with all of the following:
a. Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas;
b. Turf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation change for every 4 feet of horizontal length; c. Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff.

5. Irrigation systems shall comply with the following:
a. Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data.

4.5.f
Packet Pg. 1282 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) WATER EFFICIENT LANDSCAPE & IRRIGATION 17.325
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-93 b. Irrigation controllers shall be of a type which does not lose programming date in the event the primary power source is interrupted. c. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.
d. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.
e. All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014. “Landscape Irrigation Sprinkler and Emitter Standard,” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

6. At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance. (ord. 16-01, adopted April 5, 2016)

4.5.f
Packet Pg. 1283 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-94 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.330 — Off-Street Parking and Loading Standards Sections:

17.330.010 — Purpose

17.330.020 — Applicability

17.330.030 — General Parking Provisions

17.330.040 — Limitations on Parking/Storage of Vehicles

17.330.050 — Number of Parking Spaces Required

17.330.060 — Adjustments to Parking Requirements

17.330.070 — Disabled/Handicapped Parking Requirements

17.330.080 — Parking Design and Development Standards

17.330.090 — Landscaping Standards for Parking Areas

17.330.100 — Paving Limitations for Driveways in Residential Zones

17.330.110 — Bicycle Parking

17.330.130 — Off-Street Loading Design and Development Standards

17.330.010 — Purpose
The purpose of this Chapter is to provide off-street parking and loading standards to:

A. Provide for the general welfare and convenience of persons within the City by ensuring sufficient off-street parking and loading facilities to meet the needs generated by specific uses;
B. Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities;
C. Increase public safety by reducing congestion on public streets; D. Buffer surrounding land uses from the visual impact of off-street parking and loading facilities; and
E. Provide loading and delivery facilities in proportion to the needs of allowed uses.

17.330.020 — Applicability
A. Applicability. Every use, including a change or expansion of a use or structure, except as otherwise provided in Chapter 17.705 (Nonconforming Parcels, Structures, and Uses), shall provide and maintain off-street parking and loading facilities in compliance with this Chapter.

B. Timing of installation. A use shall not be commenced and a structure(s) shall not be occupied until improvements required by this Chapter are satisfactorily completed.

4.5.f
Packet Pg. 1284 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-95 C. Projects in progress. Notwithstanding the requirements in Section 17.100.090 (Effect of Development Code Amendments on Projects in Progress) or unless the conditions of an approved discretionary permit expressly provide a different time limit, previously approved parking facilities shall be given 12 months from the effective date of this Development Code to be under construction. In the event of hardship, one 12-month extension may be granted by the Director upon confirmation of the hardship.

17.330.030 — General Parking Provisions
A. Parking and loading spaces to be permanent. Required parking and loading spaces shall be permanently available. Off-site parking shall require a permanent covenant or a secured lease agreement in compliance with Subsection 17.330.060.B (Adjustments to Parking Requirements – Shared Parking).

B. Parking and loading spaces to be unrestricted. A lessee, owner, tenant, or other person having control of the premises for which parking or loading spaces are required by this Chapter shall not prevent, prohibit, or restrict authorized persons (including employees) from using the spaces without the prior written approval of the Director.

C. Maintenance. The required parking and loading features (e.g., landscaping, parking surfaces, striping, signs, etc.) shall be continuously maintained in good condition by any person having control of the premises (e.g., lessee, owner, tenant, etc.).

1. Landscaping shall be kept alive and continually maintained in compliance with Section 17.330.090 (Landscaping Standards for Parking Areas) and Chapter

17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016)

2. Parking surfaces shall be kept free of holes and substantial deterioration.

3. Striping shall be visible.

4. Signs shall be kept in place, legible, and continually maintained.

5. Parked vehicles shall not extend over a property line or into a public right-ofway.

D. Usable and accessible. Required parking and loading spaces shall be usable and accessible.

17.330.040 — Limitations on Parking/Storage of Vehicles A. Storage of trucks. The parking and storage of trucks exceeding eight feet in height or 20 feet in length shall be prohibited in any residential zone unless parked within an enclosed structure. This restriction shall not apply to trucks used during pickup and

4.5.f
Packet Pg. 1285 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-96 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 delivery or during construction or repair work while in service. Height shall be measured from level ground to the top of the cab or trailer, whichever is higher, but excludes camper shells.

B. Prohibited parking or storage. The parking or storage of the following types of vehicles in required parking areas or within the required front yard of any residentially zoned parcel shall be strictly prohibited, unless listed as exempt under Subsection C, below:

1. Recreational vehicles (RV) (e.g., boats, motor homes, travel trailers, campers, camper shells, etc.);

2. Commercial vehicles (i.e., trucks and vans exceeding eight feet in height or 20 feet in length);

3. Utility trailers;

4. Tractors; or

5. Wrecked, junked, non-registered, or inoperable motor vehicles.

C. Exceptions to vehicle type restrictions.

1. Recreational vehicle (RV).
a. An RV may be temporarily parked in the driveway for up to a total of 72 hours within any consecutive 120-hour period for the purpose of loading and unloading the RV and for light maintenance and repair, provided that:
(1) The RV shall not extend into the public right-of-way at any time. (2) The RV shall not block any sidewalks or walkways.
(3) The RV shall not be used for living, sleeping, or housekeeping purposes.
b. Upon the expiration of 72 hours, the RV shall be moved to any of the following locations:
(1) A distance of at least 300 feet from the area where last parked; (2) For any lot in a residential zone, in one side yard next to the garage and driveway, extending to the rear lot line, except that for corner lots, storage is only allowed in the interior side yard, extending to the rear lot line. See Figure 3-15 (Allowable Recreational Vehicle Storage Area). The Director may approve

4.5.f
Packet Pg. 1286 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-97 alternative storage in the rear yard of corner lots only in cases where interior side yard storage is not feasible, street side access is approved with an encroachment permit, traffic visibility standards are met (Section 17.305.150); paving limitations are met (Section 17.215305.035090); and the visual amenities and views of adjacent properties are not adversely impacted.
c. Motorized RV’s shall be stored on an improved surface of concrete or other material as approved by the Director.

Figure 3-15
Allowable Recreational Vehicle Storage Area

2. Inoperable vehicles. Inoperable vehicles shall be stored within a garage, barn, or other fully enclosed and permitted structure or within the permitted RV parking area when fully screened from all public rights-of-way. For purposes of this provision, an inoperable vehicle is defined in Article 8 (Definitions).

3. Tractors. Agricultural or farming tractors may be temporarily parked in the front yard of parcels whose primary use is agricultural in nature.

D. Violations. Violations of this Section maybe addressed through the Administrative Citation process of the Municipal Code. D. Vehicles for sale. The parking of vehicles, trailers, or other personal property for the primary purpose of displaying the vehicle,

4.5.f
Packet Pg. 1287 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-98 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 trailer, or other personal property for sale, hire, or rental shall be prohibited as specified in Municipal Code Section 10.16.140 (Parking for certain purposes prohibited).

17.330.050 — Number of Parking Spaces Required
Each land use shall be provided the number of off-street parking spaces required by this Section. See Sections 17.330.110 for off-street parking requirements for bicycles.

A. Minimum number of off-street parking spaces required. Each land use shall provide the number of off-street parking spaces indicated in Table 3-5 (Parking Requirements by Land Use), spaces, including disabled access spaces required by Section 17.330.070 (Disabled/Handicapped Parking Requirements), except where an increase or decrease has been granted in compliance with Section 17.330.060 (Adjustments to Parking Requirements).

B. Use not listed. A land use not specifically listed in Table 3-5 (Parking Requirements by Land Use) shall provide parking as required by the Director based on the most similar use that is listed. The Director shall use the requirements specified in Table 3-5 as a guide in determining the appropriate number of off-street parking spaces required for the use.

C. Mixed uses or occupancies. In the case of mixed-uses or occupancies, the total number of required off-street parking spaces shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, unless a shared use of parking facilities agreement has been approved in compliance with Section 17.330.060 (Adjustments to Parking Requirements).

D. Computation of required number of parking spaces. Whenever the computation of the required number of off-street parking spaces results in a fractional parking space, one additional parking space shall be required for one-half or more fractional parking space and any fractional space less than one-half of a parking space shall not be counted.

E. Floor area. Where Table 3-5 establishes a parking, requirement based on floor area in square feet (e.g., 1 space for each 1,000 square feet of floor area), the floor area shall be construed to mean gross interior floor area unless otherwise specified, and shall include all locations of shared halls, lobby areas, and rest rooms, but shall not include areas for vertical circulation, elevators, or stairs.

F. Bench or bleacher seating. Where fixed seating (e.g., benches, bleachers, pews, or similar seating) is provided, a seat shall be defined as 18 inches of bench space for the purpose of calculating the number of required parking spaces as provided in Table 3-5.

4.5.f
Packet Pg. 1288 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-99 G. Nonconforming parking. A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the provisions in Section

17.705.110 (Nonconforming Parking).

H. Tandem parking. Tandem parking spaces shall be allowed in multi-family residential developments in cases where tandem spaces are assigned to the same unit.

I. Compact car parking. Compact spaces shall be prohibited. For the purposes of this Subsection, a compact space shall be any space that is smaller than the minimum size indicated in Section 17.330.080 (Parking Design and Development Standards).

Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Agricultural and Resource-Related Uses
Accessory Agricultural Structures and Uses
(Noncommercial)
1 space per site
Agricultural Activities and Facilities
(Commercial)
1 space per on duty employee
Agritourism Determined by Conditional Use Permit
Produce Stands 3 spaces per 1,000 sq. ft. GFA
Equestrian Facilities 1 space per every 5 stable stalls Cannabis Uses Refer to Chapter 17.435
Care Uses
Day Care Facility
Small (8 or fewer) Same as primary residential use
Large (9 to 14)
In addition to spaces for primary residential use,
1 space per on duty employee; and
1 drop-off space for every 7 care recipients
Day Care Centers (15+)
1 space per on duty employee; and
1 drop-off space for every 7 care recipients

4.5.f
Packet Pg. 1289 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-100 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Accessory to on-site employer 1 space per employee; and 1 drop-off space for every 7 care recipients Community Care Facility/Residential Care Facility/ Residential Care Facility for the Elderly Small – up to 6 Same as primary residential use
Large – 7 or more
In addition to spaces for primary residential use,
1 space per employee; and
1 drop-off space for every 7 care recipients
Congregate Care Facility
Small – up to 6 Same as primary residential use;
Large – 7 or more
In addition to spaces for primary residential use,
1 space per employee; and
1 space for every 7 care recipients
Supportive Housing Supportive housing located in a single-family dwelling unit shall be subject to the parking standards for “Single-Family Dwellings.” Supportive housing located within a duplex shall be subject to the parking standards for “Two-Family Dwellings (duplex).”
Supportive housing located within a multi-family dwelling shall be subject to the parking standards for “Multi-Family Dwellings.” Transitional Housing Transitional housing located in a single-family dwelling unit shall be subject to the parking standards for “Single-Family Dwellings.” Transitional housing located within a duplex shall be subject to the parking standards for “Two-Family Dwellings (duplex).”
Transitional housing located within a multi-family dwelling shall be subject to the parking standards for “Multi-Family Dwellings.” Education, Recreation, and Public Assembly Uses
Arcades (6+ machines) 1 space per 200 sq. ft. of GFA
Assembly/Meeting Facilities
1 space for every 4 fixed seats; and
1 space for each 40-sq. ft. of additional assembly area (does not include foyers, corridors, restrooms, kitchens, storage and other areas not used for assembly of people)

4.5.f
Packet Pg. 1290 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-101 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Bingo Game Operations (nonprofit only) 1 space per every 3 occupants per allowable occupant load as established by Fire Chief
Commercial Recreation Facilities - Indoor,
except for the following: 1 space for each 250-sq. ft. GFA Bowling Alleys 5 spaces for each alley, plus 1 for each 5 seats in any gallery Game Courts 5 spaces for each court
Skating Rinks 1 space for each 100-sq. ft. of rink area Swimming Pools 1 space for every 500-sq. ft. of enclosed pool area Commercial Recreation Facilities –
Outdoor, except for the following: Determined by Conditional Use Permit (Chapter 17.605) Driving Ranges 1 space per tee
Golf Courses 5 spaces for each hole, plus the requirements for additional uses on the site
Miniature Golf Courses 3 spaces for each hole
Swimming Pools 1 space for every 500-sq. ft. of fenced pool area Parks and Recreation Facilities (Private)
1 space for each 8,000-sq. ft. of active recreational area within a park or playground, plus 1 space per acre of passive recreational area within a park or playground
Cultural Institutions 1 space for each 350-sq. ft.

Educational Facilities
Academic – K-8 2 spaces for each classroom, plus adequate loading/unloading zone Lower minimum parking standard can be determined by parking demand study with Conditional Use Permit (Chapter 17.605) Academic – 9-12 8 spaces for each classroom, plus adequate loading/unloading zone Lower minimum parking standard can be determined by parking demand study with Conditional Use Permit (Chapter 17.605)

4.5.f
Packet Pg. 1291 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-102 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Colleges and Universities 20 spaces for each classroom
Lower minimum parking standard can be determined by parking demand study with Conditional Use Permit (Chapter 17.605) Live Entertainment (amplified) and
Dancing
Determined by Minor Use Permit (Chapter 17.605)
Poolrooms/Billiard Halls (2 or more tables) 2 spaces per table Studios-Art, Dance, Martial Arts, Music,
etc.
1 space for every 1.5 students at maximum enrollment
Theaters, Movies, or Performing Arts
1 space for every 4 fixed seats;
1 space for each 40-sq. ft. of assembly area (does not include foyers, corridors, restrooms, kitchens, storage and other areas not used for assembly of people)
Industry, Manufacturing & Processing, Production and Warehousing Uses All uses listed under “Industry,
Manufacturing, Processing, Production
and Warehousing Uses” in use tables in
Article 2, except for the following:

Up to 50,000 sq. ft. GFA – 1 space / 500 sq. ft. GFA
50,001 to 100,000 sq. ft. GFA - 100 spaces plus 1 space / 1,000 sq. ft.

GFA for area over 50,000 sq. ft.
100,001 to 500,000 sq. ft. GFA - 150 spaces plus 1 space / 2,000 sq. ft.

GFA for area over 100,000 sq. ft.

If offices/sales space exceeds 10% of GFA, then 1 space for each 250- sq. ft. GFA of office/sales space
Contractor Base Facility (and Yard)
2 spaces per facility; and
1 space per 250 sq. ft. of office space
Cottage Businesses
1 space per employee;
1 space for 1 primary business vehicle; and
up to a maximum of 5 spaces for clients.

Recycling Scrap / Dismantling Yards 1 space for each 3,000-sq. ft. of yard area Recycling Facilities
Collection Facility – Small Determined by Minor Use Permit (Chapter 17.605) Collection Facility – Large Determined by Minor Use Permit (Chapter 17.605)

4.5.f
Packet Pg. 1292 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-103 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Processing Facility Determined by Conditional Use Permit (Chapter 17.605) Research and Development (R&D) 1 space for each 500-sq. ft. GFA Storage, Personal 1 space for every 100 rentable storage spaces; plus 2 spaces for the resident manager and office
Warehouses, Wholesaling and Distribution
1 space for each 1,500-sq. ft. GFA [up to 500,00 sq. ft. GFA; Portion over 500,000 – 1 space for each 4,000-sq. ft. GFA; 1 space for each company truck or motor vehicle; and
If offices/sales space exceeds 10% of GFA, then 1 space for each 250- sq. ft. GFA of office/sales space
Residential Uses
Accessory Living Quarters
Guest Houses 1 covered space per unit
Accessory Dwelling Units See Section 17.4305.3060
Agricultural Employee Housing 1 space per unit or bed
Caretaker Housing 1 covered space per unit
Congregate Care Facility (15 or more) 1 space for each on duty employee and 1 space for each 10 beds Emergency Shelters 1 space per on duty staff person
Group Homes for Persons with
Disabilities
Group homes located in a single-family dwelling unit shall be subject to the parking standards for “Single-Family Dwellings.” Group homes located within a duplex shall be subject to the parking standards for “Two-Family Dwellings (duplex).”
Group homes located within a multi-family dwelling shall be subject to the parking standards for “Multi-Family Dwellings.”
Live/-Work Units (residential portion only) See “Multi-Family Dwellings” standards for residential uses.

4.5.f
Packet Pg. 1293 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-104 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Mixed Use Projects (Residential over
Retail/Office)
See “Multi-Family Dwellings” standards for residential uses; and Required number of spaces for nonresidential according to land use type per Table 3-5.

See Section 17.330.060(C) for projects located in the Downtown Village.

Mobile Home Parks
2 covered spaces on each mobile home site - tandem parking allowed in attached carport;
1 guest space for each 5 mobile home spaces;
Parking spaces for recreational vehicles and community buildings – Determined by Conditional Use Permit (Chapter 17.605)
Mobile Home Subdivisions 2 enclosed spaces for each parcel in the subdivision Multi-Family Dwellings (3 units or more)
Studio 1.0 spaces per unit, which shall be covered
1 Bedroom 1.25 spaces per unit, 1.0 of which shall be covered 2 Bedroom 1.5 spaces per unit, 1.25 of which shall be covered 3 or more Bedroom 2.0 spaces per unit, 1.25 of which shall be covered Guest Parking in multi-family dwelling
projects
0 - 10 units - None required
11 - 30 units - 0.25 spaces per unit
31 - 60 units - 0.2 spaces per unit
61 units and over - 0.166 spaces per unit
Organizational Houses Determined by Conditional Use Permit (Chapter 17.605) Recreational Vehicle Park
1 space per employee;
1 space for RV on each lot;
1 space on each RV lot not including parking space for RV; and 1 guest space for every 10 RV lots
Senior Residential Projects 1 covered space per unit, plus 1 guest space per 10 units

4.5.f
Packet Pg. 1294 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-105 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Single-Family Dwellings
2 enclosed spaces
See Section 17.425.020 (Residential Development Design Guidelines) for garage design and layout.

Single-Room Occupancy Units Determined by Conditional Use Permit (Chapter 17.605) Two-Family Dwellings (duplex) 2 spaces per unit, one of which must be enclosed.

Retail Trade Uses
All “Retail Trade” and general retail uses
listed in use tables in Article 2, except for
the following:
1 space for each 300-sq. ft. GFA, and
1 space for each 350-sq. ft. of outdoor sales area.

Adult-Oriented Businesses
1 space for every 2 occupants per allowable occupant load as established by Fire Chief; and
1 space for each employee or independent contractor on the maximum shift
Building/Landscape Materials Sales
1 space for every 500-sq. ft. GFA; and
1 space for each 2,500-sq. ft. of outdoor display area
Farm Supply and Feed Store 1 space for every 600-sq. ft. GFA Farmers Market Determined by Minor Use Permit (Chapter 17.605) Grocery (Convenience Market, Grocery
Stores)
1 space for every 225-sq. ft. GFA
Not part of shopping center 25,000 sq. ft or larger
Liquor Stores 1 space for every 225-sq. ft. GFA
Outdoor Display and Sales 1 space for each 2,500-sq. ft. of outdoor display area Plant Nurseries 1 space for every 500-sq. ft. GFA and 1 space for each 2,500-sq. ft. of outdoor display area

4.5.f
Packet Pg. 1295 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-106 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Restaurants (with or without drive thru)
See Section 17.430.170 – Drive
Thruough Facilities for additional
standards.

Up to 2,000 sq. ft. = 1 space for each 200-sq. ft. GFA
Over 2,000 sq. ft. = 1 space for each additional 60 sq. ft. GFA; and Outdoor Dining. No additional parking required if outdoor dining area comprises no more than 15 percent of the interior gross floor area of the primary food service use; If outdoor dining area is over 15%, 1 space for every 50-sq. ft. or 1 space for every 3 seats, whichever is greater.

Service Uses – Business and Professional
All uses listed under “Service Uses –
Business and Professional” in use tables in
Article 2, except for the following
1 space per 250 square feet GFA
ATM’s
See Section 17.430.170 – Drive
Thruough Facilities for additional
standards.
1 space for each exterior ATM
Banks and Financial Services
See Section 17.430.170 – Drive
Thruough Facilities for additional
standards.
1 space for every 200-sq. ft. GFA
Medical Services
Clinic, Laboratory, Urgent Care 1 space for every 200-sq. ft. GFA Hospitals

1.5 spaces for each bed, and
1 space for every hospital vehicle
Offices 1 space for each 200-sq. ft. GFA
Offices - Government
1 space for every 200-sq. ft. GFA; and
1 space per government-owned vehicle

4.5.f
Packet Pg. 1296 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-107 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Service Uses – General
All uses listed under “Service Uses -
General” in use tables in Article 2, except
for the following
1st 50,000 sq. ft. – 1 space per each 250-sq. ft. GFA
Over 50,000 sq. ft. – 1 space per each 500-sq. ft. GFA
Animal Services (All)
1 space per each 500-sq. ft. GFA; and
1 space per each 800-sq. ft. of boarding / training area Bars, Lounges, and Nightclubs
1 space for every 35-sq. ft. GFA where the public is served; and # of spaces required for food service uses, if applicable Equipment Rental
Indoor Only
With Outdoor Storage
2 spaces per 1,000 sq. ft. GFA; and
1 space per 2,500 outdoor display area
Health and Fitness Facilities 1 space for each 300-sq. ft. GFA Lodging
Bed and Breakfast Inn 1 space for each guest room; and
1 space per on duty employee
Hotels and Motels

1.1 spaces for each guest room; and
75% of the spaces required for accessory uses (e.g., banquet rooms, meeting rooms, restaurants, etc.), if any
Mortuary, Funeral Home
1 space for each 4 fixed seats; and
1 space for each 40-sq. ft. of remaining area; and
1 enclosed space for each vehicle owned by the establishment.

All Personal Service uses, except for the
following: 1 space for each 250-sq. ft. GFA
Laundromats 1 space for every 3 machines
Personal Storage Facility (Self Storage) 1 space for every 100 rentable storage spaces; plus 2 spaces for the resident manager and office

4.5.f
Packet Pg. 1297 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-108 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Transportation, Communication, and Infrastructure Uses
Broadcasting Studio 1 space per 200 sq. ft. indoor space Transportation Service Dispatch Facilities
1 space per 250 sq. ft.; and
1 space per each service vehicle
Truck and Freight Terminals 1 space per 250 sq. ft. indoor space Utility Facilities None
Utility Infrastructure None
Wireless Telecommunication Facilities Determined by Conditional Use Permit (Chapter 17.605) Vehicle Rentals, Sales, and Services
Mobile Home, Boat, or RV Sales 1 space for each 500-sq. ft. GFA to be clearly delineated as public parking, and as required below for Vehicle Services
Vehicle Parts and Supply Sales
1 space for each 200-sq. ft. GFA, and
1 space for each 300-sq. ft. of outdoor sales area
Vehicle Rentals
Office only
General
1 space for each 200-sq. ft. of GFA
1 storage space for each vehicle stored on lot
Vehicle Sales 1 space for each 500-sq. ft. GFA to be clearly delineated as public parking, and as required below for Vehicle Services
Vehicle Services
Car Washing, Self-Service 2 stacking spaces and 2 drying spaces per each washing stall Car Washing, Automated Stacking area for each automatic car wash lane - 4 times the capacity of the automatic car wash lane
Car Washing, Full Service 1 parking space per each employee of the largest shift; Stacking for 4 vehicles for each automatic car wash lane, and 3 spaces per lane for manual drying
Minor Maintenance 4 spaces for each service bay;

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Packet Pg. 1298 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-109 Table 3-5
Parking Requirements by Land Use
Land Use Type Minimum/Maximum Number of Spaces Required (See §17.330.050.A)
Major Repair/Body Work 4 spaces for each service bay;
Service Station / Gas Station 4 spaces for each service bay; and 1 space per 250 GFA of retail store
Vehicle Storage and Towing and
Storage
4 spaces minimum; and
1 space for each 300-sq. ft. GFA in excess of 4,000 sq. ft.

Other Uses
Temporary Uses Determined by Temporary Use Permit (Chapter 17.640) Cemeteries Determined by Conditional Use Permit

17.330.060 — Adjustments to Parking Requirements
A. Temporary reduction. The Director may approve the temporary reduction of parking or loading spaces in conjunction with a seasonal or intermittent use for a period of not more than 30 days. Longer periods may be allowed with the approval of a Temporary Use Permit (Chapter 17.640).

B. Shared parking. Shared parking is allowed between two or more uses to satisfy all or a portion of the minimum off-street parking requirement. Shared parking is permitted between different categories of uses or uses with different hours of operation. The shared parking shall be calculated based on the minimum parking requirements and any reductions for the use permitted in this Code.

1. Agreement. An agreement providing for the shared use of parking, executed by the parties involved, shall be filed with the Director. Shared parking privileges shall continue in effect only as long as the agreement, binding on all parties, remains in force. If the agreement is no longer in force, parking shall be provided as otherwise required by this Chapter. This agreement shall be in the form of a covenant running with the land and shall be recorded with the County Recorder, and a recorded copy shall be filed with the Department.

2. Location. A use for which an application is being made for shared parking shall be located within 800 feet of the parking facility.

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Packet Pg. 1299 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-110 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17

3. Calculation of parking requirements for shared parking with different categories of use. Business establishments constituting different categories of use may share parking as follows:
a. If an office use and a general retail and/or general service use share parking, the parking requirement for the retail use and/or service use may be reduced by 20 percent, provided that the reduction does not exceed the minimum requirement for the office use.
b. If a residential use shares parking with a general retail and general service use other than lodging uses, eating and drinking establishments, or entertainment uses, the parking requirement for the residential use may be reduced by 30 percent, provided that the reduction does not exceed the minimum parking requirement for the general retail and/or general service use.
c. If an office and residential use share off-street parking, the parking requirement for the residential use may be reduced by 50 percent, provided that the reduction shall not exceed the minimum parking requirement for the office use.

4. Calculation of parking requirements for shared parking with different hours of operation.
a. For the purposes of this section, the following uses shall be considered daytime uses, operating anytime between the hours of 8:01 a.m. and 5:59 p.m., Monday through Friday only:

1. Professional, Business and Administrative, and Government Office uses;

2. Personal services;

3. Banks and Financial Services uses;

3. Wholesale, storage, and distribution uses;

4. Manufacturing uses; and

5. Other similar primary daytime uses, as determined by the Director.
b. For the purposes of this section, the following uses shall be considered nighttime uses, operating anytime between the hours of 6:00 p.m. and 8:00 a.m., or Saturday and Sunday uses:

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Packet Pg. 1300 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-111

1. Cultural institutions uses;

2. Live entertainment uses;

3. Theaters, movies or performing arts uses;

3. Bars, lounges and nightclubs uses;

4. Assembly/meeting facilities uses; and

5. Other similar primary nighttime or Saturday and Sunday uses, as determined by the Director.
c. The Director may authorize upon application the use of up to 90 percent of the required off-street parking for a daytime use to serve as the required off-street parking provided for a nighttime or Saturday and Sunday use and vice versa. The applicant shall demonstrate that there is no substantial conflict in the principal operating hours of the uses for which the sharing of parking is proposed.

C. Downtown Village Zone.

1. Non-residential uses. Non-Residential uses within the Downtown Village Zoning District shall be exempt from the minimum parking standards outlines in Section 17.330.050 — Number of Parking Spaces Required.

2. Residential uses. Residential Uses within the Downtown Village Zoning shall provide ½ of the minimum parking requirements of Section 17.330.050 – Number of Parking Spaces Required.

3. Parking design requirements. Parking that is provided shall comply with the minimum design requirements of this Chapter.

DE. Reduced parking – Use Specific. The Director may reduce the number of parking spaces required by Sections 17.330.050 (Number of Parking Spaces Required) through approval of a Minor Use Permit in compliance with Chapter 17.605 (Minor Use Permit) subject to the following additional findings:

1. Findings.
a. That the use has unique or special operational conditions that do not warrant or necessitate the number of parking spaces required by Section

17.330.050 (Number of Parking Spaces Required);
b. That the use will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to

4.5.f
Packet Pg. 1301 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-112 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; c. That the use will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and
d. That the use will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use.2. Change or cessation of use. A Minor Use Permit for a reduction in parking shall become null and void when the use for which the Minor Use Permit is ceased or changed in operations in such a way that the findings in subsection 1 above no longer apply.

EF. Reduced parking – Large Projects. The Approval Authority may approve a reduction in the number of parking spaces required for Large Projects as provided below:

17.330.070 — Disabled/Handicapped Parking Requirements
A. Accessibility requirements. Parking facilities and spaces shall be designed, located, constructed, and maintained to provide access for the physically disabled from public rights-of-way, across intervening parking spaces, and into structures. Standards for the facilities shall be based on the standards of the American Standards Association and other applicable guidelines.

B. Number, location of, and access to spaces required. Parking spaces for the disabled shall be provided in compliance with the California Building Code, the Federal Table 3-6
Parking Reductions for Large Projects
Scope of Development Maximum Parking Reduction
Multi-Family Residential Projects
of 100 units or more
20% of the total number of required parking spaces
including up to 5% of the required number of Covered
and Enclosed Parking Spaces
Shopping centers with 50,000 sq.
ft. to 99,999 sq. ft. of leasable floor
area
10% of the total number of required parking spaces
Shopping centers with 100,000 sq.
ft. to 199,999 sq. ft. of leasable
floor area
20% of the total number of required parking spaces
Shopping centers with more than
200,000 sq. ft. of leasable floor
area
25% of the total number of required parking spaces

4.5.f
Packet Pg. 1302 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-113 Accessibility Guidelines, the California Code of Regulations (Title 24, Part 2, Chapter 2- 71), and with the sign requirements of the California Vehicle Code, Section 22507.8, as applicable. Parking spaces required for the disabled shall count toward compliance with the number of off-street parking spaces required by Section 17.330.050 (Number of Parking Spaces Required).

17.330.080 — Parking Design and Development Standards
Required off-street parking areas shall be designed, constructed, and maintained in compliance with this Section. In the event practical difficulties and hardships result from the strict enforcement of the standards due to existing permanent structures, or an irregular shaped parcel, the Director may approve a Minor Variance for standards, not to exceed 10 percent in compliance with Chapter 17.650 (Variances and Minor Variances).

A. Site Plan. In addition to the filing requirements in Section 17.630.040 (Application Filing, Processing, and Review), the site plan of a proposed project shall include a scaled drawing of the parking lot layout and shall indicate the following, when applicable:

1. Number of students at ultimate enrollment.

2. Number of beds.

3. Number of repair bays.

4. Number of classrooms.

5. Number of fixed seats.

6. Number of Employees

7. Total floor areas in each structure within a project.

8. Total area of proposed outdoor uses.

B. Location.

1. Residential uses. Parking required to serve a residential use shall be located on the same parcel as each residential unit served. Shared driveways (i.e., driveways that provide access to several residences from a single egress point off of a local street) are encouraged.

2. Nonresidential uses.
a. Parking required to serve a nonresidential use may be located on the same or a different site under the same or different ownership as the use served; provided that the parking shall be located within the maximum

4.5.f
Packet Pg. 1303 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-114 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 distances of the uses served as shown in Table 3-7 (Maximum Distances for Off-Site Parking for Nonresidential uses). Where a distance is specified, the distance shall be measured from the nearest point of the parking facility to the nearest point of the structure or use served by the parking.

3. Bicycle spaces. See Section 17.330.110 (Bicycle Parking Standards) for size and location requirements for bicycle spaces.

C. Curbs and parking improvements.

1. Six-inch Portland-Concrete cement curb and gutters shall be installed, except that six-inch Portland-Concrete cement vertical curbs may be installed in-lieu of curb and gutters if no drainage is carried along curb line. Where a six-inch PortlandConcrete cement vertical curb is used, a two-foot-wide concrete gutter section shall be installed along the drainage line.

2. Curbs shall be installed at a minimum of five feet from the faces of walls, fences, or other structures. This requirement shall not apply to driveways that are not a part of the maneuvering area for parking.

3. Curb radius shall be three-foot minimum.

4. Parking lots may be surfaced with Portland-Cement Concrete with a minimum four-inch thickness over native soil compact to 95 percent compaction or asphalt concrete with minimum 2½ inch thickness over four inches of Class III aggregate base compacted to 95 percent relative compaction, or pervious concrete or other alternatives may be approved by the Director and City Engineer.

5. Six-inch high concrete curbs with gaps for allowing drainage run-off into landscaped areas shall be installed to serve as wheel stops for motor vehicles, edging or planting areas, and protection for walls at entrances and exits, located no closer than five feet from any structure, hedge, fence, or wall.

Table 3-7
Maximum Distances For Off-Site Parking For Nonresidential Uses Uses Maximum Distance Allowed
Convalescent homes 150 feet
Organizational Houses 150 feet
Hospitals
150 feet
More than 150 feet if approved by Conditional Use Permit and if automatic gate or similar access control feature is installed All other nonresidential uses 400 feet
600 feet for car sharing spaces

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Packet Pg. 1304 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-115 D. Drainage. Parking areas shall be designed in compliance with the storm water quality and quantity standards in Chapter 17.520.050 (Water Quality).

E. Striping and identification. Parking stalls shall be clearly delineated with a four-to-sixinch stripe - "hairpin" or elongated "U" design - or other approved striping or stall delineation.

F. Lighting.

1. Off-street parking for multi-family residential uses shall provide night lighting throughout the required parking area(s).

2. Nonresidential uses shall provide night lighting throughout required parking areas at all hours of customer and employee use.

3. Entries to parking areas for all multi-family residential uses and nonresidential uses shall provide safety lighting as approved by the Director.

4. Lighting shall be indirect, hooded, and arranged to reflect lighting away from adjoining properties and streets in compliance with Section 17.300.080 (Outdoor Light and Glare).

5. Light standards shall be a maximum of 25 feet in height overall, as measured from the usable parking or driving surface.

6. Up-lighting in landscaping, low level walk lights, and lighting diffused off of wall surfaces is encouraged.

7. Illumination of parking lots and adjacent pedestrian areas shall be required to provide a minimum of one foot-candle for all parking and pedestrian areas, and shall not exceed one-half foot-candle along lot lines of a project.

8. In consideration of the City’s proximity to Palomar Observatory, the installation of low pressure sodium vapor or LED is encouraged.

G. Access. Off-street parking shall be accessible as follows:

1. Controlled access to off-street parking areas. Off-street parking areas designed to control public access [i.e., gate] shall require approval from the Fire and Police Departments and the City Engineer. Ingress and egress design should facilitate proper vehicle maneuvering and "stacking" space to avoid internal and external traffic conflict. Suitable drop-off and pick-up areas are encouraged.

2. Local and collector streets in residential zones. Along local and collector streets in residential zones, single-family and two-family uses may use the street for

4.5.f
Packet Pg. 1305 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-116 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 maneuvering (i.e., driveway design may allow for backing out of a driveway to gain access to a public right-of-way).

3. Secondary highways. Single-family or two-family uses taking access from secondary highways, parcels with three or more dwelling units, and nonresidential uses shall provide suitable on-site maneuvering (i.e., driveway design shall not allow for backing out of a driveway to gain access to a public right-of-way).

4. Access to adjacent sites. Applicants for nonresidential developments are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety, and efficient circulation. A joint access agreement between the owners of the abutting properties that guarantees the continued availability of the shared access between the properties shall be recorded with the County Recorder and shall run with the land. The Director shall approve the form and substance of the agreement.

H. Circulation.

1. Driveway widths. Driveway widths shall be a minimum width of 25 feet. The distance from a wall to the closest curb at driveway entrances shall be a minimum of two feet. The Director may require a wider driveway to accommodate needs.

2. Driveway location. No driveway opening shall be installed closer than five feet to any side or rear lot line. The City Engineer shall approve all driveway and curb cut locations on public roads.

3. On-site turnaround required. Parking arranged in a manner that requires the backing of motor vehicles onto a major or secondary highway is prohibited in all zones.

4. Parking lot layout. Parking stalls, driveways, and landscape planters shall be arranged so that a free flow of vehicular traffic and adequate site clearances are allowed at all times. City standards and specifications relating to curve radii and similar maneuvering requirements shall apply.

5. Pedestrian movement.
a. To the maximum extent feasible, a site plan for proposed development shall separate movement of pedestrians from movement of motor vehicles and bicycles. At least one pedestrian route shall be provided that is uninterrupted by surface parking and driveways. Concrete walks with a minimum width of two feet shall be installed adjacent to end parking spaces.

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Packet Pg. 1306 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-117 b. Where complete separation of movement of pedestrians from movement of motor vehicles and bicycles is not possible, the site plan shall minimize potential hazards by using special paving, grade separations, pavement marking, directional signs, striping, bollards, median refuge areas, traffic calming features, landscaping, lighting, or other means to clearly delineate pedestrian areas for both day and night use. The material and layout of any walkway shall be continuous as the pedestrian access crosses the driveway or aisle, with a break in continuity of the driveway or aisle paving and not in the pedestrian access way.
c. Where pedestrians and bicyclists share walkways, the pedestrian/bicycle system shall be designed to be wide enough to accommodate anticipated pedestrian and bicycle traffic volumes. The review authority shall be guided by the standards applicable to bicycle facilities (e.g., design of bicycle parking areas, directional pavement markings, signage, etc.) in the State Manual of Uniform Traffic Control Devices (MUTCD).] d. Curb cuts and ramps shall be located at convenient, safe locations for the physically disabled, bicyclists, and people pushing strollers or carts. The location and design of curb cuts and ramps shall meet the requirements of the California Building Code and ramp standards associated with the Americans with Disabilities Act, and shall avoid crossing or directing traffic through loading areas, drive-in/drive-through thru lanes, and solid waste storage and collection areas.
e. Concrete walks with a minimum width of two feet shall be installed adjacent to end parking spaces, unless end spaces are at least 11 feet wide.

I. Parking space and lot dimensions.

1. Each parking space, drive aisle, and other parking lot feature shall comply with the minimum dimension requirements in Tables 3-7 and 3-8, below, and as illustrated in Figure 3-17 (Parking Area Layout).

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Packet Pg. 1307 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-118 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-8
Parking Space Dimensions
Type of Space Minimum Dimensions (1) Notes
Residential (1)
Carports 9 ft. wide by 20 ft. deep by 7 ft. high (1)
1-Car Garage 10 ft. wide by 20 ft. deep (1)
2-Car Garage 20 ft. wide by 20 ft. deep (1)
3-Car Garage 30 ft. wide by 20 ft. deep (1) (3)
Parking Structure 9 ft. wide by 19 ft. deep (1)
Tandem Space 10 ft. wide by 20 ft. deep (1) (3)
Non-Residential Uses
Uncovered Space
9 ft. wide* by 19 ft. deep
*10 ft. wide for 1st parking space located
closest to street for an angle parking layout
Parking Structure 9 ft. wide by 19 ft. deep (1) (2)
Parallel Space 8 ft. wide by 22 ft. long*
*20 ft. long if end space
Handicap Space See the California Building Code
Bicycle Space See Section 17.330.110 (Bicycle Parking)
Notes:
(1) No affixed obstructions (e.g., water heaters, washers and dryers, sinks, furnaces/air conditioning units, etc.) shall intrude on required parking space areas. The measurements shall be from the face of interior walls, not including structure supports.
(2) Maximum “garage face” of 50 % of total front façade. (3) In approved mobile home parks.

Table 3-9
Parking Area Dimensions
Angle (degrees) Stall Width (1) Stall Depth (2)
Aisle Width (3)
One-Way Two-Way
Parallel 8 ft. N/A 14 ft. 25 ft.
45 9 ft. 19 ft. 18 ft. N/A
60 9 ft. 19 ft. 20 ft. N/A
90 9 ft. 19 ft. 25 ft. 25 ft.

Notes:
(1) Structural elements shall not encroach into the required stall, with the exception of a one-foot square area at the front corners.
(2) A maximum of two feet of the parking stall depth may be landscaped with low-growing, hearty materials in lieu of paving or an adjacent walkway may be increased, allowing a two-foot bumper overhang while maintaining the required parking dimensions.
(3) A minimum aisle width of 42 inches shall be provided between rows of bicycle spaces.

4.5.f
Packet Pg. 1308 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-119 Figure 3-17
Parking Area Layout

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Packet Pg. 1309 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-120 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.330.090 — Landscaping Standards for Parking Areas
Landscaping shall be incorporated into the design of all off-street parking areas in compliance with this Section and Chapter 17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)
A. Minimum required area. All parking areas shall contain a minimum landscape area equivalent to five percent of the total parking area.

B. Distribution. Landscaping shall be distributed evenly throughout the parking area. The Director may approve the limited grouping of trees in order to achieve a desired theme or character of design.

C. Landscape plan. A landscape plan that complies with all requirements in the City’s Landscape Design Guidelines and Chapter 17.325 – Water Efficient Landscape and Irrigation shall be submitted to the Department for review. (ord. 16-01, adopted April 5, 2016)
D. Landscape maintenance. Planting areas shall be well-maintained in compliance with Subsection 17.330.030.C (General Parking Provisions - Maintenance) and 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016) E. Screening of parking areas in Downtown Village. For off-street parking areas in the Downtown Village Zone the sides of the parking areas that are adjacent to or abutting:

1. A public right-of-way shall be screened from view from the public right-of-way by decorative fences and walls between three feet and four feet in height; or

2. Any parcel shall be screened along the interior side lot lines and rear lot lines by a six-foot high fence or wall, unless a joint access agreement has been entered into in compliance with Section 17.330.060 (Adjustments to Parking Requirements).

F. IL and IH zones adjacent to agricultural or residential zones. Where an IL or IH zone abuts, or is adjacent to any residential or agricultural zone, a 15-foot wide strip that directly abuts any lot line shall be landscaped and continuously maintained. The next 35 feet (i.e., the strip from the interior edge of the 15-foot wide strip to the front setback line) may be used either for parking or landscaping but shall not be used for loading.

G. Perimeter parking lot landscaping – Adjacent to streets and residential zones.

1. Where the front, side, or rear of a parking area is located adjacent to a street, a landscaped border of not less than 10 feet in depth shall be installed adjacent to the property line.

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Packet Pg. 1310 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-121

2. Any parking area adjacent to a residential zone shall have a decorative solid masonry wall or landscaped berm that is a minimum of four (4) feet in height.

Any remaining area between the landscape border and the paved parking area shall also be landscaped. The wall or berm shall be reduced to 30 inches in overall height within any traffic safety visibility area in compliance with Section

17.305.150 (Traffic Visibility Area).

H. Perimeter parking lot landscaping - Abutting residential zones. Where the side or rear of a parking area located within a nonresidential zone directly abuts a residential zone, a decorative solid masonry wall six (6) feet in height shall be installed on the boundary line. The wall shall be reduced to a maximum four(4) feet in height within the front or side setback areas consistent with the requirements in Section 17.315.020 (Location, Height, and Type Standards), and a landscape border not less than five (5) feet in width shall be installed on the nonresidential zone side between the wall and the paved parking area.

I. Perimeter parking lot landscaping – Abutting nonresidential zones. Where parking abuts a nonresidential zone, the adjacent property shall be protected from vehicles by landscaping, curbing, or wheel stops, unless a joint access agreement is in place in compliance with Subsection 17.330.080.G.4 (Access to adjacent sites).

J. Islands and landscape planters. Islands at the end of parking aisles shall be a minimum of eight (8) feet in width. Landscape planters between parking islands shall be consistent with the City’s Landscape Design Guidelines and shall be a minimum four (4)-foot square). One landscape planter shall be required for every six (6) parking spaces. See Figure 3-18 (Interior Parking Lot Landscaping).

Figure 3-18
Interior Parking Lot Landscaping
K. Loading/unloading areas – Abutting residential zones. Where loading/unloading, docks abut a residential zone, a 25-foot wide planting buffer area shall be provided, which shall be consistent with the City’s Landscape Design Guidelines.

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Packet Pg. 1311 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-122 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.330.100 — Paving Limitations for Driveways for Single-Family Dwellings A. Parking location in the front and side yard areas. Parking and maneuvering in front yard areas of single-family residential uses for all vehicles, except recreational vehicles that are regulated by Section 17.330.040 (Limitations on Parking / Storage of Vehicles), shall be limited to the space within a carport or garage plus a paved driveway between such garage or carport and the street from which it is served, not exceeding the width of the garage. In addition, the following front and side yard areas may also be paved for the parking and maneuvering of vehicles.

1. House with attached garage: The space between the driveway serving the garage and the nearest side property line, with such paving permitted to extend as far as the rear of the residential structure, such space not to exceed twenty feet in width beyond the driveway serving the garage. (See Figure 3-19 - House with Attached Garage).

Figure 3-19
House with attached garage

2. House with detached garage, served by adjacent street: The space between the driveway and the nearest side property line, extending as far as the rear of the garage, such space not to exceed 20 feet in width beyond the driveway serving the garage. (See Figure 3-20 - House with Detached Garage).

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Packet Pg. 1312 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-123 Figure 3-20
House with Detached Garage

3. House with detached garage served from an alley: A space, not exceeding 20 feet in width, adjacent to a side property line. Such paved space may extend no further than the space between the street and the rear of the house. Installation of such a driveway is subject to approval of a driveway curb cut by the Public Works Department. (See Figure 3-21 - House with Detached Garage Served by Alley).

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Packet Pg. 1313 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-124 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Figure 3-21
House with Detached Garage Served from an Alley
B. Driveways. In compliance with Section 17.215305.035090 (Paving Within Residential Front Yard Area), paving for driveways in residential zones shall not exceed 35 percent of the required total front yard area. See Figure 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.

C. Zoning Clearance. New driveway paving shall require a Zoning Clearance issued in compliance with Chapter 17.655 (Zoning Clearances). (Ord. 21-02, Adopted April 20, 2021)

17.330.110 — Bicycle Parking
Each multi-family residential project of five (5) or more units and each nonresidential land use shall provide bicycle parking facilities, including bicycle racks, lockers, and other secure facilities, in compliance with this Section.

A. Number of spaces required.

1. Multi-family project. A multi-family project of five (5) or more units shall provide bicycle parking facilities equal to a minimum of 10 percent of the

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Packet Pg. 1314 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-125 required motor vehicle spaces, unless separate secured garage space is provided for each unit. The bicycle facilities shall be distributed throughout the project.

2. Nonresidential project. A nonresidential project (e.g., retail, office, etc.) shall provide bicycle parking facilities equal to a minimum of 10 percent of the required motor vehicle spaces, distributed to serve customers and employees of the project.

B. Types of bicycle parking facilities. Bicycle parking facilities may consist of any of the following:

1. Parking racks. Bicycle parking racks shall be designed to allow the bicycle to be securely locked in an upright position. The parking rack shall be of permanent construction (e.g., heavy gauge tubular steel) with angle bars permanently attached to the pavement. The design shall be approved by the Director.

2. Lockers. Bicycle storage lockers should be located close to building entrances, or on the first level of a parking garage and within range of security surveillance, and away from sidewalks and areas with high pedestrian traffic. Each bicycle storage locker shall be:
a. Large enough to accommodate the user’s bicycle and associated items. b. Fully enclosed and weather-tight.
c. Made of durable materials that resist theft and vandalism. d. Accessible only to user and owner by a controlled access system that may use keys, swipe card (key fob) or an electronic key pad located on a locker door.
e. Installed on a level surface with clearance for locker doors. f. Securely attached to the ground or floor by bolting them to a hard surface or fixing them in concrete with fasteners that cannot be removed by standard tools. Concrete is the preferred surface for maximum security although other surfaces may also be appropriate.

3. Site design standards and strategies.
a. Aisles. Access aisles to bicycle parking facilities shall be at least five (5) feet in width.
b. Accessibility. Where possible, a site plan that includes stairways shall also include an alternative, level access route for bicycles. If it is not

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Packet Pg. 1315 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-126 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 possible to provide an alternative access, a ramp or a small channel for bicycle wheels on the edge of a stairway shall be provided. c. Space dimensions. Each bicycle space shall be a minimum of two (2) feet in width and six (6) feet in length and have a minimum of seven (7) feet of overhead clearance, with additional back-out or maneuvering space of at least five feet.
d. Location. Bicycle spaces shall be located within 50 feet of building entrances and shall be highly visible from the uses they serve. They shall not be located to interfere with pedestrian or motor vehicle traffic flow or to cause damage to plant material from bicycle traffic. e. Relationship to motor vehicle parking. Bicycle spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, or curb, or by at least five (5) feet of open area, marked to prohibit motor vehicle parking.

4. Surface. A hard-surfaced parking area shall be provided.

5. Signs. Where bicycle parking areas are not clearly visible to approaching cyclists, signs shall be provided to indicate the location of the facilities.

6. Maintenance. Damage to bicycle racks and lockers shall be repaired in a timely fashion and any derelict or abandoned bikes shall be removed so as not to prevent or discourage continued use of the racks and lockers.

17.330.120 — Off-Street Loading Design and Development Standards A. Number of loading spaces required. Nonresidential uses with less than 10,000 square feet of gross floor area shall provide one (1) off-street loading space, which may be combined with an off-street parking space. Nonresidential uses with 10,000 square feet of gross floor area or more shall provide off-street loading space(s) in compliance with Table 3-10, below. Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.

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Packet Pg. 1316 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) OFF-STREET PARKING AND LOADING STANDARDS 17.330
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-127 Table 3-10
Required Loading Spaces
Type of Land Use Total Gross Floor Area Loading Spaces Required Manufacturing, research and
development, institutional, and
service uses
10,000 – 30,000 sq. ft. One
30,001 sq. ft. or more
One for each additional 20,000
sq. ft., or as otherwise required
by Director.

Office uses
30,000 to 60,000 sq. ft. One
60,001 + sq. ft.

One for each additional 30,000
sq. ft., or as otherwise required
by Director.

Commercial and other allowed
uses
10,000 to 20,000 sq. ft. One
20,001 + sq. ft.

One for each additional 20,000
sq. ft., or as otherwise required
by Director.

B. Design and development standards for off-street loading areas.

1. Dimensions. Loading spaces shall be at least 10 feet in width, 25 feet in length, with 14 feet of vertical clearance.

2. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting sources shall be shielded to prevent light spill beyond the property line. Lighting standards shall be energyefficient and in scale with the height and use of adjacent structure(s) in compliance with Section 17.300.080 (Outdoor Light and Glare).

3. Location. Loading spaces shall be located and designed as follows:
a. As near as possible to the primary structure and limited to the rear onethird of the parcel, if feasible; b. Situated to ensure that the loading facility is not visible from adjacent public rights-of-way or is properly screened from view; c. Situated to ensure that all loading and unloading takes place on-premises and in no case within an adjacent public right-of-way or other traffic circulation areas on-premises;
d. Situated to ensure that all vehicular maneuvers occur on-premises; and e. Situated to avoid adverse impacts upon neighboring residential properties.

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Packet Pg. 1317 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.330 OFF-STREET PARKING AND LOADING STANDARDS
3-128 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17

4. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.

5. Dock-high loading areas.
a. Dock-high loading areas shall not face public rights-of-way unless adequately screened from view. Screening shall consist of a solid decorative masonry wall. The height of the screening shall be determined by a line-of-sight study that illustrates where the top of the wall will intercept a line-of-sight drawn from the eye level of the occupant of a passing motor vehicle, adjudged to be five feet above the ground level, located in the farthermost travel lane of the adjacent public right-of-way to the top of the loading door opening. See Figure 3-19 (Line of Sight Study).

Figure 3-19
Line of Sight Study
b. A minimum 120-foot deep maneuvering area shall be provided in front of each dock-high loading door.
c. Dock-high loading doors shall be closed when not in use. d. Dock-high doors that face sensitive receptors (e.g., residential uses, hospitals, schools, etc.) shall be fitted with a rubber boot or similar soundmuffling material.

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Packet Pg. 1318 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-129 Chapter 17.335 — Sign Regulations
Sections:

17.335.010 — Purpose

17.335.020 — Applicability

17.335.030 — General Provisions

17.335.040 — Definitions

17.335.050 — Prohibited Signs

17.335.060 — Standards for All Types of Signs

17.335.070 — Standards for Permanent Signs

17.335.080 — Standards for Specific Types of Permanent Signs

17.335.090 — Standards for Signs for Specific Uses

17.335.100 — Standards for Temporary Signs

17.335.110 — Guidelines for Signs in Downtown Area

17.335.120 — Procedures for Sign Permits, Exemptions, and Revocations

17.335.130 — Comprehensive Sign Program

17.335.140 — Maintenance

17.335.150 — Enforcement

17.335.160 — Nonconforming Signs

17.335.170 — Abandoned Signs

17.335.180 — Illegal Signs

17.335.010 — Purpose
Because of the need to protect and enhance the City’s unique character, to protect public safety and property values, and to promote economic development and tourism through enhanced aesthetic appeal, the Council finds that proper sign control is an important governmental interest. Therefore, the intent of the standards in this Chapter is as follows:

A. Provide each sign user an opportunity for adequate identification while guarding against the excessive and confusing proliferation of signs by appropriately regulating the time, place, and manner under which signs may be displayed.

B. Preserve and enhance the community’s appearance by regulating the type, size, location, quality, design, character, scale, color, illumination, and maintenance of signs.

C. Encourage well-designed signs that attract and invite rather than demand the public’s attention.

D. Encourage the design of signs that are complementary to the structures and uses to which they relate and that are harmonious with their surroundings.

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Packet Pg. 1319 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-130 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 E. Ensure freedom of expression for sign uses, including noncommercial speech, by maintaining a content-neutral approach to sign regulation.

F. Enhance the safety of motorists and pedestrians by minimizing the distraction of intrusive signs, as well as to protect the life, health, property, and general welfare of City residents and visitors.

G. Provide a review process for signs to ensure compliance with the requirements of this Chapter.

17.335.020 — Applicability
A. Regulatory Scope. This Chapter regulates signs, as defined in this Chapter, that are placed on private property or on property owned by public agencies other than the City and over which the City has zoning authority.

B. Applicability. The regulations in this Chapter shall apply to all signs in all zones that come within the regulatory scope as defined in Subsection A, above, unless specifically exempted. Sign Permits shall be required in compliance with Section 17.335.120 (Procedures for Sign Permits, Exemptions, and Revocations). In addition, the provisions of Municipal Code Title 15 (Buildings and Construction) relating to building and electrical codes, fees, penalties, and a method of enforcement shall also apply.

Applications for Sign Permits that comply with all of the applicable requirements of this Chapter, and other applicable laws, shall be granted. Signs approved in conjunction with any other application shall be consistent with this Chapter, unless modified by a discretionary permit. Where approval of a Conditional Use Permit, Minor Use Permit, Minor Variance, Site Plan and Design Review, or Variance has been obtained, any applicable conditions of that approval shall supersede the requirements of this Chapter.

C. Sign Permit Required. A Sign Permit shall be required for all signs, including change of copy allowed under the provisions of this Chapter. Only signs that comply with all of the applicable provisions of this Chapter shall be granted. Content of a noncommercial message shall not be considered when any required Sign Permit application is reviewed.

Content of a commercial message shall be considered only to the extent required to determine whether the sign is an on-site sign. Refer to Section 17.335.120 (Procedures for Sign Permits, Exemptions, and Revocations).

D. Nonconforming signs. An existing legally allowed sign that does not conform to the requirements of this Chapter shall be deemed a nonconforming sign and shall be subject to the requirements of Section 17.335.160 (Nonconforming Signs).

E. Planned developments. Sign regulations contained in an approved Planned Development Permit shall not be less restrictive than the regulations in this Chapter. If the Planned Development Permit does not provide regulations for a particular sign type or situation, the requirements of this Chapter shall prevail.

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Packet Pg. 1320 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-131 F. Specific plans. Sign regulations contained in an adopted specific plan document shall not be less restrictive than the regulations in this Chapter. If the adopted specific plan does not provide regulations for a particular sign type or situation, the requirements of this Chapter shall prevail.

17.335.030 — General Provisions
The policies, rules, and regulations stated in this Section apply to all signs subject to compliance with this Chapter.

A. Content neutral regulation. It is the City’s policy to regulate signs in a constitutional manner that is content neutral with respect to both noncommercial and commercial messages. For the purposes of this Chapter, a content-neutral regulation is a so-called “time, place, or manner” regulation, which, as the name suggests, does no more than place limits on when, where, and how a message may be displayed or conveyed.

B. Regulatory interpretations. Interpretations of the requirements of this Chapter shall be exercised in light of the City’s content neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a “structure” as defined in the California Building Code, then the Director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.

C. Substitution of messages. Signs authorized by this Chapter are allowed to carry noncommercial messages in lieu of any other commercial or noncommercial messages.

Substitution of messages may be made without an additional permitting process. This provision prevails over any more specific provision to the contrary within this Chapter.

The purpose of this provision is to prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signs on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly constructed.

D. Rules for non-communicative aspects of signs. Rules and regulations concerning the non-communicative aspects of signs, (e.g., number, type, location, size, height, illumination, spacing orientation, etc.), stand enforceable independently of any permit or review process.

E. Mixed-use projects and multiple use zones. In a mixed-use structure or in a zone where both residential and nonresidential uses are allowed, the sign rights and responsibilities applicable to a particular use shall be determined as follows:

1. Residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right; and

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Packet Pg. 1321 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-132 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17

2. Nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a Conditional Use Permit or similar discretionary process.

F. Billboard policy. The City completely prohibits the construction, erection, or use of billboards (i.e., off-site advertising signs), other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. The City adopts this policy in compliance with California Government Code section 65850, California Business and Professions Code Sections 5354(a) and 5408.3 (both effective January 1, 2003). Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this Chapter. The Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this Chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to relocate existing, legal billboards, as encouraged by California Business and Professions Code Section 5412.

G. Property owners’ consent. Signs shall not be displayed without the consent of the legal owner of the property on which the sign is mounted or displayed. For purposes of this regulation, “owner” means the holder of the legal title to the property and all parties and persons holding a present right to possession, control, or use of the property.

H. Legal nature of sign rights and duties. As to all signs attached to property, real or personal, the sign rights, duties, and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases, easements, mutual covenants or equitable servitudes regarding signs (so long as they are not in conflict with this Chapter), or the ownership of sign structures.

17.335.040 — Definitions
A-Frame Sign. A portable freestanding sign that is hinged, folded, or otherwise angled at the top and widens at the bottom to form a shape similar to the letter “A”.

Abandoned Nonconforming Sign. A nonconforming sign that is advertising a use that has ceased, or is located upon a structure that has been abandoned for more than 90 days. See “Abandoned Sign.” For the purposes of this definition, abandonment for the applicable 90-day period shall be deemed conclusive evidence of abandonment irrespective of the property, sign, or business owner’s intent.

Abandoned Sign. A sign that is advertising a use that has ceased; is located upon a structure that has been abandoned by its owner; does not identify or advertise a current bona fide

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Packet Pg. 1322 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-133 business, lessor, service, owner, or product available upon the site; or that identifies or advertises an event or activity that has previously occurred. See Section 17.335.170 (Abandoned Signs) for timelines for determining abandonment.

Address Sign. The numeric reference of a structure or use to a street included as part of a sign.

Animated Sign. A sign that uses movement, lighting, or special materials to depict action or create a special effect or scene. This classification includes wind-actuated and other elements (e.g., balloons, bunting, pennants, streamers, whirligigs), or other similar devices.

Awning. A roof-like structure usually covered in fabric (e.g., canvas) that projects from the wall of a structure for the purpose of shielding a doorway or window from the elements.

Awning Sign. A sign painted on, printed on, or attached to the surface of an awning. See Figure 3-20 (Awning Sign).

Figure 3-20
Awning Sign
Back-Lit Awning. An internally illuminated, fixed, space-frame structure with translucent, flexible, fabric reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.

Banner Sign. A sign made of fabric or any non-rigid material with no enclosing framework.

Billboard. A permanent structure used for the display of off-site commercial messages.

Blade/Bracket Sign. A small, pedestrian-oriented sign that projects perpendicular from a structure (blade sign) or is hung beneath a canopy (bracket sign).

Building Marker. A sign indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material.

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Packet Pg. 1323 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-134 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Building Sign. A sign attached to or painted on a building.

Cabinet Sign. A sign that has one or more plastic, acrylic, or similar material faces (panels) that may or may not be internally illuminated. The sign panels may be either flat or shaped (“pan face”) and are attached to a metal frame (cabinet).

Canopy. A permanent roof-like structure of rigid or fabric materials extending from the main entrance of a structure and typically supported by posts at the corners furthest from where the canopy attaches to the structure. See also “Awning.”
Canopy Sign. A sign located on a permanent roof-like structure or canopy of rigid or fabric materials extending from the main entrance of a structure. See Figure 3-21 (Canopy Sign). See also “Blade/Bracket Sign.”
Figure 3-21
Canopy Sign
Changeable Copy Sign (electronic). A sign with changeable copy that is changed by incorporating video display, flip-disks, incandescent lamps, fluorescent lamps, fiber optics, light-emitting diodes, liquid crystal displays, plasma-displays, field emission displays, or any other mechanical or light-emitting matrix to convey changing copy or images. Also considered an animated sign. See Figure 3-22 (Changeable Copy Signs).

Changeable Copy Sign (manual). A sign with changeable copy that is manually changed, regardless of method of attachment or materials of construction. This classification includes bulletin boards and changeable copy signs on marquees. Does not include electronic message boards with lighted displays. See Figure 3-22 (Changeable Copy Signs).

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Packet Pg. 1324 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-135 Figure 3-22
Changeable Copy Signs
Commercial Mascot. Humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of signs, insignia, masks, or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc.

Commercial Message. A message displayed on a sign that relates primarily to economic interests (e.g., the exchange or sale of goods or services). This definition shall automatically incorporate court rulings defining the term “commercial speech.” Construction Project Sign. A temporary sign erected on a parcel where construction is taking place.

Content Neutrality. See Section 17.335.030 (General Provisions).

Copy. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

Department. The Planning Department of the City of San Jacinto.

Directional Sign.

On-Site Directional Sign. An on-site sign giving directions for traffic, instructions, or facility information of an establishment but with no advertising copy (e.g., stop signs, parking, or exit and entrance signs). See Figure 3-23 (Directional Sign).

Off-Site Directional Sign. An off-site sign giving directions to businesses, sales offices, model home complexes, or points of interest, etc., but with no advertising copy. See Figure 3-23 (Directional Sign). See Subsection 17.335.090.H (Standards for Signs for Specific Uses – Kiosk/off-site subdivision directional signs) and Subsection 17.335.090.I (Standards for Signs for Specific Uses – Off-Site Directional Signs).

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Packet Pg. 1325 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-136 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Off-Site Directional/Kiosk Sign
Figure 3-23
Directional Sign
On-Site Directional Sign

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Packet Pg. 1326 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-137 Director. The Planning Director of the City’s Planning Department, or the Planning Director’s designee.

Directory Sign. A sign listing the tenants or occupants of a building or building complex.

Display Surface. The area made available by the sign structure for the purpose of displaying the advertising message.

Double-Faced Sign. A sign designed with the intent of providing copy on both sides. See Figure 3-24 (Double-Faced Sign).

Figure 3-24
Double-Faced Sign
Establishment. A legal, nonresidential use of land to conduct a commercial or noncommercial activity. By way of example and not limitation, “establishment” includes stores, offices, places of worship, hospitals, manufacturing facilities, etc. Does not include home-based occupations or hobbies.

Façade. The entire building elevation, including the parapet.

Face of Sign. The area of a sign on which the copy is placed.

Fascia. Typically, the smooth wall surface between a window and the parapet.

Flag. A rectangular or cylindrical piece of fabric of distinctive design that is used as a symbol, as a sign device, or as a decoration.

Flashing Sign. A sign that displays an intermittent or sequential flashing light source.

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Packet Pg. 1327 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-138 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Freestanding Sign. A sign supported permanently upon the ground by a structure and not attached to a building. This includes monument signs and pylon signs. See “Monument Sign” and “Pylon Sign.” See Figure 3-25 (Types of Freestanding Signs).

Figure 3-25
Types of Freestanding Signs
Frontage.

Building Frontage. The structure elevation that fronts on a street, alley, driveway, parking area, pedestrian plaza, walkway, courtyard, or arcade.

Building Frontage, Primary. The side or façade of a structure that abuts the front yard of the parcel on which the structure is located. See Figure 3-26 (Frontages).

Building Frontage, Secondary. The side or façade of a structure that abuts the street side yard of the parcel on which the structure is located. See Figure 3-26 (Frontages).

Street Frontage. The length of the property line of a parcel along a right-of-way on which it borders.

Tenant Frontage. That portion of a multi-tenant building facade that is devoted to a single tenant.

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Packet Pg. 1328 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-139 Figure 3-26
Frontages
Human Sign-Holder. Someone who applies an advertisement on his or her person. Most commonly, this means holding or wearing a sign of some sort. Sign holders are known as human directionals in the advertising industry, or colloquially as sign walkers, sign waivers, or sign twirlers. Frequently, they will spin or dance or wear costumes with the promotional sign in order to attract attention.

Illegal Sign. A sign installed without issuance of a Sign Permit; or that is not in compliance with this Chapter; or that is not a legal nonconforming sign.

Illuminated Sign. A sign lighted with an artificial light source for the purpose of decorating, outlining, accentuating, or brightening the sign area.

Externally Illuminated Sign. A sign illuminated from an exterior light source.

Indirectly Illuminated Sign. A sign whose illumination is derived entirely from an external artificial source that is arranged to illuminate the sign area only.

Internally Illuminated Sign. A sign illuminated from an interior light source contained within the sign cabinet.

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Packet Pg. 1329 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-140 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Incidental Sign. A small sign, emblem, or decal informing the public of the facilities, trade affiliation, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business or presence of parking).

Inflated Display Sign. A three-dimensional object filled or activated by moving or non-moving air or other gas, located, attached, or tethered to the ground, site, merchandise, structure, or roof and used as a sign or to attract attention. This definition does not include inflated gymnasiumtype jumping or sliding devices used temporarily for a non-advertising activity (e.g., children’s parties, etc.).

Kiosk. See “Directional Sign.”
Logo. An established trademark or symbol associated with a business or corporation.

Luminous Tube Signs. A sign that consists of or is illuminated by exposed electrically-charged gas-filled tubing, (e.g., neon and argon signs), or by fiber optics.

Menu Board. A permanently mounted sign displaying the bill of fare for a drive thru-through restaurant.

Menu Sign. Menu displayed on the exterior premises of a restaurant, visible from the public right-of-way.

Monument Sign. A freestanding sign, the structure of which is supported from finished grade, giving the appearance of having a solid base. See “Freestanding Sign.” Mural. An artistic image or design painted or affixed to the exterior surface of a wall that does not contain any commercial or noncommercial text or message nor relates to the business upon whose premises it is painted.

Nonconforming Sign.

Legal Nonconforming Sign. A legal sign that lawfully existed before the effective date of this Development Code or amendment, and that does not comply with the minimum sign regulations of this Development Code. This also includes legal signs lawfully located on sites annexed into the City after the adoption of this Development Code.

Illegal Nonconforming Sign. See Subsection 17.335.130 (Illegal Signs).

Noncommercial Message. A sign message that is not commercial in nature. This definition shall automatically incorporate court rulings defining the term “noncommercial speech.” Off-Site Sign. A sign erected on a parcel that is not the location of the business or use that the sign is advertising. See also “Directional Sign.”

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Packet Pg. 1330 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-141 Off-Site Message. A message on a sign that advertises a business, accommodation, service, or activity not provided on the premises on which the sign is located. This classification includes billboards. The off-site/on-site distinction applies only to commercial messages.

On-Site Message. A message on a sign that advertises a business, accommodation, service, or activity provided on the premises on which the sign is located. The off-site/on-site distinction applies only to commercial messages.

Parapet. The extension of a false front or wall above a roofline.

Pedestrian-Oriented Sign. A sign that is designed for and directed toward pedestrians so that the pedestrians can easily and comfortably read the sign as they stand adjacent to it. A pedestrian-oriented sign is usually read from a distance of 15 to 20 feet.

Permanent Sign. A sign designed with durable materials and intended to be used in excess of 60 days per calendar year.

Pole Sign. A sign that is supported by a single pole or similar support structure so that the bottom edge of the sign is one foot or more above grade.

Political Sign. A temporary sign directly associated with national, State or local elections.

Portable Sign. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.

Projecting Sign. A sign that projects from and is supported by a wall of a building.

See Figure 3-27 (Projecting Sign).

Figure 3-27
Projecting Sign

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Packet Pg. 1331 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-142 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Projection. The distance by which a sign extends from the building it is supported by.

See Figure 3-28 (Sign Projection).

Figure 3-28
Sign Projection
Public Service Sign. Signs of utilities or other publicly regulated service providers indicating danger, and similar aids to service or safety, including official advisory and signal flags.

Pylon Sign. A sign that is supported by two or more uprights, poles, or braces in or upon the ground that are not a part of a building or enclosed within the exterior walls of a building and are separated from any other structures by a distance of at least six inches. This includes a sign that is supported by two or more poles that are surrounded by a decorative cover to form one solid sign support. See “Freestanding Sign.”
Raceway. A channel for protecting and holding electrical wires and cables, typically a rectangular metal box for the electrical components of an illuminated sign consisting of channel letters. Pre-wired channel letters are mounted to the raceway, which in turn is mounted to a building wall. One set of wirings is then connected to the main circuit. The rectangular box (raceway) sets behind the attached letters and is not designed as an architectural feature.

Typically, the raceway is painted to match the building wall color so that it blends in with the wall. See Figure 3-29 (Electrical Raceway with Channel Letter).

Figure 3-29
Electrical Raceway with Channel Letter

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Packet Pg. 1332 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-143 Real Estate Sign. An on-site sign advertising real property for sale, exchange, lease, or rent.

Roof Line. The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.

Roof Sign. A sign that is erected, constructed, or placed on or over the roof of a structure, to include a mansard roof, and that is partially or totally supported by the structure.

Service Station. For purposes of this Chapter, a commercial facility that sells gasoline, diesel, or alternative fuel for the on-site fueling of individual vehicles.

Sign. Any device, fixture, placard or structure, including its component parts, that draws attention to an object, product, place, activity, opinion, person, establishment, institution, organization, or place of business, or that identifies or promotes the interests of any person and that is to be viewed from any public street, road, highway, right-of-way or parking area. Does not include signs that are internal to a development (e.g., within a mall, office building, or multi-family building, etc.) and not visible from the public right-of-way.

The following are not within the definition of “sign” for regulatory purposes of this Chapter:
a. Architectural features. Decorative or architectural features of buildings (not including lettering, logos, trademarks, or moving parts). b. Fireworks and other lights. The legal use of fireworks, spotlights, candles and artificial lighting not otherwise regulated by this Chapter. c. Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof or located at least five feet inward from the interior face of the window, provided the building or enclosed structure is otherwise legal. d. Legally required information (e.g., public notices, registration or licensing information, etc.).
e. Manufacturers’ marks. Marks on tangible products that identify the maker, seller, provider, or product, and that customarily remain attached to the product even after sale.
f. Murals. A picture on an exterior surface of a structure. A mural is a sign only if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identification of any business. g. Newsracks or newsstands.
h. Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when they

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Packet Pg. 1333 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-144 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 are permanently integrated into the structure or a permanent building that is otherwise legal; also includes foundation stones, corner stones and similar devices.

Sign Area. See Section 17.335.060 (Standards for All Types of Signs).

Sign Height. See Section 17.335.060 (Standards for All Types of Signs).

Sign Program. See Section 17.335.130 (Comprehensive Sign Program).

Sign Structure. The sign, and the supports, uprights, braces, and framework of the sign.

Temporary Sign. A sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, fabric, cardboard, wall board, or other light nondurable materials, with or without frames, designed to be displayed for a limited period of time. Typically displayed by an establishment to promote a sale, new product line, management change, service, liquidation sales, going-out-of-business sales, person running for public office, and similar special activities or events. See Figure 3-30 (Temporary Signs).

Temporary Window Sign Temporary Wall Sign
Figure 3-30
Temporary Signs

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Packet Pg. 1334 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-145 Time/Temperature Sign. An electronic or mechanical device that shows time or temperature but contains no business identification or advertising.

Trademark. A word, name or symbol which, with a distinctive type or letter style is associated with a business or business entity in the conduct of business.

Vehicle Sign. A sign painted, affixed, or placed upon a vehicle, or trailer that is designed to be towed behind a vehicle. On street legal vehicles, the following insignia are not considered to be “Vehicle Signs,” and are not regulated as Vehicle Signs:
a. License plates.
b. License plate frames.
c. Registration insignia.
d. Noncommercial messages painted on or otherwise attached in a manner so that the vehicle can be legally operated on public rights-of-way, or any noncommercial message that does not exceed a total of three square feet in size. e. Messages on a vehicle the primary purpose of which is to be used in the regular course of business to transport the personnel or products, or to provide the services (not including general advertising) that are advertised by the messages on the vehicle, provided that the messages are painted or otherwise attached in a manner so that the vehicle can be operated on public rights-of-way. f. Commercial messages that do not exceed a total of three square feet in size. g. Commercial messages on duly licensed mass transit vehicles that pass through the City.

Wall Sign. A sign attached to, erected against, painted on, or fastened to a wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall and that does not project more than 12 inches from the building or structure. A wall sign shall be limited to channel or painted lettering, with a hidden raceway, or a cabinet (“Cabinet Sign”).

See Figure 3-31 (Wall Sign.)

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Packet Pg. 1335 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-146 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Building Identification Wall Sign
Business Identification Wall Sign
Figure 3-31
Wall Sign
Window Sign. Any sign, whether or not temporary in nature, which is applied or attached to a window, or located within five feet of the inside of a window in a manner that it is visible from the exterior of the structure.

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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-147

17.335.050 — Prohibited Signs
The following signs and sign types shall be prohibited throughout all zones in the City.

A. Abandoned signs. Abandoned signs, subject to Section 17.335.170 (Abandoned Signs).

B. Painted fence or roof signs. Signs painted on or attached to a fence or roof, excluding addresses required by police or fire regulations.

C. Hazardous location. Signs located so that the signs, or a portion of the sign or sign supports, interfere with the free use of a fire escape, exit or standpipe; or obstruct a required door, stairway, ventilator, or window; encroach into a public right-of-way; block the view of traffic control devices; or interfere with the traffic visibility area described in Section 17.305.150 or are otherwise hazardous.

D. Off-site commercial messages. Off-site commercial signs (i.e., billboards). Existing offsite commercial signs are considered nonconforming signs and are regulated by Section

17.335.160 (Nonconforming Signs).

E. Beams of light. No person shall erect or maintain any device that directs a beam of light, including klieg lights and searchlights, in a flashing sequence toward any street or highway, nor shall any person erect or maintain any illuminated sign or similar device that interferes with the visibility of any official traffic control device or warning signal.

F. Luminous tube lighting (e.g., neon, rope lighting). Luminous tube lighting shall not be used to outline or frame doors and windows.

G. Confusing design. Signs similar in color or design to traffic control signs, or signs that may mislead or confuse pedestrians or vehicle traffic.

H. Prohibited sign types.

1. A-frame signs or portable signs, except as provided by Subsection

17.335.120.B.2.n. (Exemptions to Sign Permit requirements – Portable parking lot and valet parking signs).

2. Animated, moving, flashing, blinking, reflective, revolving or any other similar sign (excluding electronic message boards).

3. Backlit awnings.

4. Banners, flags and pennants, except as allowed by Section 17.335.100 (Standards for Temporary Signs) or unless exempt as provided by Subsection 17.335.120.B. (Exemptions to Sign Permit requirement).

5. Chalkboards/blackboards.

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6. Changeable copy signs, except as a component of another type sign allowed through the Comprehensive Sign Program (Section 17.335.130). Does not include fuel price signs at service stations.

7. Off-site signs and billboards, except as provided by Subsection 17.335.090.G (Standards for Signs for Specific Uses – Kiosk/off-site subdivision directional signs) and Subsection 17.335.090.H (Standards for Signs for Specific Uses – OffSite Directional Signs).

8. Human sign-holders - commercial, as defined in Section 17.335.040 (Definitions).

9. Inflated display signs, except as otherwise allowed by Section 17.335.100 (Standards for Temporary Signs).

10. Roof signs.

11. Signs in or over public right-of-way, unless with an approved Encroachment Permit or approved as part of the City banner installation program in subsection

17.335.100.C (Standards for Temporary Signs – Banner Installation Program for Banners Over City Rights-Of-Way).

12. Vehicle signs, as defined in Section 17.335.040 (Definitions).

13. Window signs exceeding 25 percent of the window area, except as provided in subsection 17.335.120.B.2.j. (Exemptions to Sign Permit Requirement – Holiday Window Painting).

I. Repetitive sign copy. Multiple or repetitive signs or sign copies on the same frontage of a building.

17.335.060 — Standards for All Types of Signs
A. Compliance required. No person shall erect, re-erect, construct, maintain, enlarge, alter, change copy, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new wall sign, in the City, or cause or permit the same to be done, contrary to, or in violation of, any provision of this Chapter.

B. Uncertainty of Chapter provisions. The Director shall have the authority to interpret the provisions of this Chapter. The Director may instead refer the request for interpretation to the Commission in compliance with Chapter 17.105 (Interpretation of Regulations).

C. Sign construction. All signs that are not temporary signs shall be constructed of permanent materials, including but not limited to metal, wood, acrylic, or other comparable durable weatherproof materials. No material more combustible than treated wood shall be used in the construction of any permanent sign.

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Packet Pg. 1338 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-149 D. Sign area computation.

1. The maximum allowed sign area for a building sign is calculated by first determining if the sign is to be placed on a “primary” or “secondary” building/tenant frontage (as defined in this Chapter) and then referring to Table 3-11 in Section 17.335 (Standards for Permanent Signs).

2. In cases where a building has more than one street frontage, the longest of the street frontages shall be considered the primary building frontage. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage (e.g., an entrance facing a courtyard) See Figure 3-26 (Frontages). For multi-tenant buildings, ground floor tenants may have their primary frontage determined independently of the rest of the building based upon these rules.

3. The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, emblem, logo, representation, letters applied to the building without a distinctive background (e.g., channel letters), or other display within a single continuous perimeter composed of the smallest square, circle, rectangle, triangle or combination thereof with no more than eight lines. See Figure 3-32 (Sign Area Measurement).

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Packet Pg. 1339 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-150 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Figure 3-32
Sign Area Measurement

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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-151

4. For an awning or canopy sign, sign copy that is applied to an awning or canopy shall be computed at 100 percent of the area within a single rectangle enveloping the sign copy.

5. For a freestanding sign, the sign area shall include the frame, if any, but shall not include:
a. A pole or other structural support unless the pole or structural support is illuminated or otherwise designed to constitute a display device, or a part of a display device. See Figure 3-33 (Calculation of Freestanding Sign Area).
b. Features that are not an integral part of the sign (i.e., landscaping). See Figure 3-33 (Calculation of Freestanding Sign Area).

Figure 3-33
Calculation of Freestanding Sign Area

6. Only one face of a double-faced sign shall be counted in computing the allowed area of the sign. Double-faced (back-to-back) signs shall be regarded as a single sign when the sign is mounted on a single structure, and the distance between each sign face does not exceed two feet at any point. If the sign is multi-faced (e.g., more than two sides), then each face shall be counted in computing the allowed area of the sign.

7. Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane, as viewed from a position in the public right-of-way which produces the largest visual projection.

See Figure 3-34 (Sign Area Measurement for Three-Dimensional Objects). Signs may not contain three-dimensional objects that exceed a projection of six inches from the sign face.

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Packet Pg. 1341 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-152 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Figure 3-34
Sign Area Measurement for Three-Dimensional Objects
E. Sign height measurement. The height of a sign shall be measured from the highest part of the sign, including any decorative features, to the average grade of the adjacent street or the finished surface grade directly beneath the sign, whichever the Director determines is appropriate given the physical characteristics of the site.

F. Maximum letter/logo height. The maximum height of any letter, text, logo, or symbol shall be 36 inches.

G. Sign removal or replacement. When a sign is removed, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the building.

H. Illuminated signs and lights. The following standards shall apply to all illuminated signs:

1. Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face.

2. Signs may be internally or externally illuminated. Internal illumination is allowed only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and registered trademark or logo.

3. The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will create a negative impact on residential properties in direct line of sight to the sign.

4. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-153

5. Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property.

6. Light sources shall utilize energy-efficient fixtures to the greatest extent possible.

7. Each illuminated sign shall be subject to a 30-day review period, during which time the Director may determine that a reduction in illumination is necessary due to negative impacts on surrounding property or the community in general.

In addition, and at any time, the Director may order the dimming of any illumination found to be excessively bright or found to cause a nuisance. The Director’s determination will be made without regard to the message content of the sign.

I. Consistent design. Where multiple signs are proposed, all signs shall be consistent in the type of construction material, letter size and style, and support method.

J. Fire Department or Police Department requirements. Building-mounted addresses required by the Fire Chief or Police Department shall not be counted as signs in compliance with Subsection 17.335.120.B. (Exemptions to Sign Permit Requirements).

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17.335.070 — Standards for Permanent Signs
A. Residential zones. Table 3-11 (Signs Allowed in Residential Zones) provides regulations for permanent signs in residential zones. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter.

In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence.

Table 3-11
Signs Allowed in Residential Zones
Sign Class Allowed Sign
Types
Maximum
Number
Maximum
Sign Area
Maximum Sign
Height
Location
Requirements
Lighting
Allowed
Name plate
Single-family uses Wall
1 per
singlefamily use2 sq. ft. Below eave of
roof or parapet
Near main
entrance
Yes
Identification sign
Agricultural uses Freestanding
1 per
agricultur
al use
12 sq. ft. 6 ft. Near main
entrance
Yes
Indirect
only
Identification sign
Multi-family uses
Wall(1) or
freestanding
sign
1 per
multifamily use12 sq. ft.

Wall sign: Below
eave of roof or
parapet.

Freestanding
sign: 6 ft.

Near main
entrance
Yes
Residential
community
identification signs
Wall(1) or
freestanding
2 per
primary
entrance
40 sq. ft.
total 6 ft.

At primary
entrances to
residential
community
Indirect
only
Notes:
(1) Cabinet signs are prohibited

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Packet Pg. 1344 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-155 B. Commercial, office, industrial, and institutional zones. Table 3-12 (Signs Allowed in Commercial, Office, Industrial, and Institutional Zones) provides regulations for permanent signs in commercial, office, industrial, and institutional zones. References in the last column provide additional regulations for specific sign types located elsewhere in this Chapter. In the case of an inconsistency between regulations provided in the tables and regulations provided for specific sign types, the regulations for specific sign types shall take precedence. Figure 3-35 (Examples of Sign Types) illustrates the typical mix of signs on a building in a commercial zone.

Figure 3-35
Example of Sign Types

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Packet Pg. 1345 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-156 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 3-12
Signs Allowed in Commercial, Office, Industrial and Mixed-Use Zones Allowed Sign Types Maximum Number (1) Maximum Sign Area Maximum Sign Height Notes Multi-Tenant Developments with over 300 lineal ft. of street frontage - Approval of Comprehensive Sign Program required. See Section 17.335.130.

Freestanding Signs
1 per primary street
frontage
1 per secondary street
frontage
Primary sign =
1 sq. ft. for each linear
foot of primary
building frontage
Secondary sign = Max
50% of area of primary
sign
Monument signs – 7 ft.

Pylon signs – 25 ft.

May be used in
combination with
allowed building
signs
Lighting allowed.

Building Signs
Canopy / Awning
Two per canopy if both
are not visible at the
same time.

At least one foot below the
top of a parapet; the sill of a
second floor window; or the
lowest point of any cornice or
roof overhang, whichever is
applicable
May be used in
combination with
allowed
freestanding signs
Wall Signs
(Blade/Bracket,
Projecting, and Wall
Signs)
Total area of all
primary and accessory
wall signs not to
exceed 150 sq. ft. per
building façade
One wall sign per
tenant building
frontage if 80 ft. or less.

Two wall signs per
tenant building
frontage is more than
80 ft. but less than 200
ft.

Four wall signs per
tenant building
frontage 200 ft or more.
32 sq. ft.; or one sq. ft.
per lineal foot of tenant
building frontage,
whichever is greater
At least one foot below the
top of a parapet; the sill of a
second floor window; or the
lowest point of any cornice or
roof overhang, whichever is
applicable
Wall signs allowed
on second floor for
tenants located on
the second floor of
multi-tenant
buildings with
exterior entrances.

One accessory wall
sign per establishment
for building with gross
leasable area of 10,000
sq. ft. or more
Accessory wall sign =
Area of all accessory
wall signs not to
exceed area of primary
wall sign.

At least one foot below the
top of a parapet; the sill of a
second floor window; or the
lowest point of any cornice or
roof overhang, whichever is
applicable
Accessory wall
signs allowed on
building frontage
containing primary
wall sign.

Temporary See Section 17.335.100 (Standards for Temporary Signs).

Window See Subsection 17.335.080.J (Standards for Permanent Signs – Window Signs).

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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-157 Figure 3-36
Wall signs on multi-occupant building frontage.

C. Open space zones. Signs in open spaces zones shall be subject to approval through a comprehensive sign program in compliance with Section 17.335.130 (Comprehensive Sign Program).

17.335.080 — Standards for Specific Types of Permanent Signs A. Awning signs.

1. Lettering, logos, symbols, and graphics are allowed on up to 50 percent of the area of a shed (slope) portion of the awning and valance portion of the awning.

Signs shall be applied on the outer face of and flat against the awning surface. In the case of a barrel shaped (curved) awning, signs shall not occupy more than 60 percent of the bottom 12 inches of the awning.

2. Only permanent signs that are an integral part of the awning shall be allowed.

Temporary signs shall not be placed on awnings.

3. Awning signs shall be allowed for first and second story nonresidential occupancies only. Awning signs shall not be allowed above the second story.

4. The design and construction of awning signs shall be compatible with the predominant architectural and visual elements of the structure. Awnings shall conform to the size and shape of the window or door they are above. Overly large awnings and awnings with unusual shapes designed for the purpose of providing additional sign area are not allowed. The uppermost part of an awning shall not be located more than two feet above a window or door.

Establishment A: X < 80
Max 1 Sign
Establishment B: 80 < X < 200
Max 2 Signs
Establishment C: 200 < X
Max 4 Signs
Figure 3-36
Example of Maximum Number of Signs for Multi-Tenant Building

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5. Awnings shall not be lighted from under the awning (back-lit awning) so that the awning appears internally illuminated. Lighting directed downwards that does not illuminate the awning is allowed.

6. A minimum of eight feet of clearance shall be provided between the lowest part of an awning and the grade below. See Figure 3-36 (Height of Awning).

7. The maximum area for awning signs shall be calculated in conjunction with, and shall be subject to, the area requirements for wall signs in Table 3-12 (Signs Allowed in Commercial, Office, Industrial and Mixed-Use Zones) and in Subsection I, (Wall Signs), below.

Figure 3-36
Height of Awning
B. Blade/bracket signs.

1. Signs may be placed perpendicular to the building façade (projecting) or mounted flat against the wall near the building entrance. Lower edge of the sign shall be at least eight feet above finished ground level.

2. Supporting arms or frames for projecting signs shall be of a decorative design compatible with the design of the sign.

3. Double-faced projecting signs shall be considered a single-face sign for the purpose of calculating sign area.

C. Canopy signs.

1. Signs shall be mounted only on the front or sides of a canopy, or suspended below.

2. Signs shall not project more than six inches from the face of a canopy.

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3. Signs shall not extend above the top of a canopy.

4. A clear distance of eight feet shall be maintained from the lowest part of a suspended sign to the ground below.

5. The maximum area for canopy signs shall be calculated in conjunction with, and shall be subject to, the area requirements for wall signs in Table 3-12 (Signs Allowed in Commercial, Office, Industrial and Mixed-Use Zones) and in Subsection I, (Wall Signs), below.

D. Changeable copy signs. A sign that contains a changeable copy element may be allowed through the approval of a Comprehensive Sign Program in compliance with Section

17.335.130 (Comprehensive Sign Program). Approval shall not be based on message content.

E. Freestanding signs.

1. Freestanding signs include ground-mounted signs (monument) and pylon signs, which may either have a solid base or a base comprised of two legs. If legs are provided, the proportional dimensions of the sign shall comply with the requirements of subsection 3.c., below.

2. Freestanding signs shall be allowed only for parcels with at least 50 feet of frontage adjoining a public right-of-way. In addition, pylon signs are only allowed when a building is set back from the front property line a minimum of 40 feet.

3. Freestanding signs shall not exceed the following maximum height dimensions and shall not exceed the proportional dimensions provided below. See Figure 3-37 (Pylon Sign Proportions) and Figure 3-38 (Monument Sign Proportions). a. Pylon sign: Maximum height = 25 feet
b. Monument sign: Maximum height = 7 feet
c. Proportional dimensions shall be as follows:

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Packet Pg. 1349 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-160 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 1) Pylon Sign
Maximum W = 30% x H
Maximum LH = 33% x H
Maximum O = 50% x W
Minimum LW = 25% x W
Figure 3-37
Pylon Sign Proportions
2) Monument Sign
H= height inclusive
of the base
W= width exclusive
of the base
Maximum W= 1.5 x H
Figure 3-38
Monument Sign Proportions

4. Freestanding signs shall be set back a minimum of five feet from a lot line and a minimum of 10 feet from the edge of a driveway and shall comply with the location and height requirements in Section 17.305.150 (Traffic Visibility Area).

5. To ensure the readability of freestanding signs, the minimum letter size shall be 12 inches. Sign copy shall not be located closer than one half-letter height to the sign edge or other line of copy.

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Packet Pg. 1350 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-161

6. There shall be a minimum of 50 feet between freestanding signs on adjoining sites to ensure adequate visibility for all signs.

7. Freestanding signs shall be a minimum of 50 feet from a lot line of any residentially zoned property.

8. Freestanding signs shall not block visibility for motorists at intersections or driveways.

9. Freestanding signs shall not encroach into any public right-of-way, building, onsite driveway, or on-site vehicle circulation area.

10. The supporting structure of a pylon sign shall not include exposed metal pole(s), but shall be surrounded by a decorative cover that is architecturally compatible with the sign cabinet and the architectural character of buildings on the site.

11. Landscaping with automatic irrigation (designed in accordance with Chapter

17.325 – Water Efficient Landscape and Irrigation) shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or 75 square feet, whichever is greater. For example, 40 sq. ft. of sign area = 80 sq. ft. of landscaped area. The Director may modify this requirement on a case-by-case basis to take into account existing conditions.

12. Where there is a center name or identification that is separate from the primary tenant, the center name or identification shall be provided on the primary freestanding sign and shall be included in the allowable sign area.

13. Freestanding signs shall contain an address plate identifying the site address or range of addresses of the subject property. Numbers shall be a minimum of eight inches in height and shall be clearly visible from the public right-of-way.

Address plates shall not be calculated against the allowed sign area.

F. Off-site directional signs. See Subsection 17.335.090.G (Standards for Signs for Specific Uses – Kiosk/off-site subdivision directional signs) and Subsection 17.335.090.H (Standards for Signs for Specific Uses – Off-Site Directional Signs).

G. Luminous tube signs. The use of luminous tubes for signs shall be allowed in commercial zones only subject to the following requirements.

1. Luminous tube lighting shall be listed with UL (Underwriters Laboratories) with a maximum 30 milliamps per circuit and shall have a dimmer to reduce the brightness.

2. The manufacturer shall be registered with Underwriters Laboratories.

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Packet Pg. 1351 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
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3. Tubing shall not exceed one half inch in diameter.

4. Luminous tube lighting adjacent to residential uses shall not exceed one-half foot-candle measured at the residential lot line.

5. Luminous tubes shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly glazed tiles, or other similar materials).

6. Luminous tubes shall be considered part of a sign for purposes of calculating the borders of the sign area.

7. Luminous tube lighting that surrounds a window, door, or similar element or that is installed along roofs or that outlines buildings shall be prohibited.

H. Projecting signs.

1. Signs shall be located only on the wall frontage with the primary entrance to the structure.

2. A clear distance of eight feet shall be maintained from the lowest point of the projecting sign to the ground below. Projecting signs shall not project over any public rights-of-way.

3. The sign shall be attached to the wall so that there is no more than two feet from the nearest point of the sign to the wall.

4. All mounting hardware shall be concealed.

5. The maximum area of each sign face shall be 24 square feet. -This area intentionally left blank -

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Packet Pg. 1352 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-163 I. Wall signs.

1. Signs shall be located only on a designated building frontage and shall not extend above an eave or parapet, or above or below a fascia on which they are located. See Figure 3-39 (Appropriate Wall Sign Location).

Figure 3-39
Appropriate Wall Sign Location

2. Signs located on adjacent walls on the same building shall be separated by a minimum of 30 feet measured along the exterior walls of the building. See Figure 3-40 (Required Separation of Wall Signs).

Figure 3-40
Required Separation of Wall Signs

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Packet Pg. 1353 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-164 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17

3. Wall signs may be painted on a wall.

4. The letter height of accessory wall signs shall not to exceed 50 percent of the letter height of a primary wall sign (e.g., if letters on primary sign are 18 inches high, then letters on accessory wall sign cannot exceed nine inches in height).

5. Signs may be either internally or externally illuminated. Internally illuminated cabinet signs shall comply with the provisions of Subsection 17.335.060.H. (Standards for All Types of Signs – Illuminated Signs).

6. Electrical raceways shall be integrated with the overall design of the sign.

Exposed raceways shall be prohibited.

7. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches.

8. Signs shall be located within the middle 50 percent of the building or tenant frontage measured from lease line to lease line. The Director may modify this requirement where it can be clearly demonstrated that it severely limits proper sign placement. See Figure 3-41 (Wall Sign Location on Building Frontage).

Figure 3-41
Wall Sign Location on Building Frontage

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Packet Pg. 1354 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-165 J. Window signs.

1. Window signs shall not occupy more than 25 percent of the total window area on either a designated primary or secondary building frontage. For the purpose of this requirement, a window is any glazed area, including glass curtain walls.

2. The placement of window signs shall allow for unobstructed observation by safety personnel (e.g., City police, private security, etc.)

3. Signs shall be allowed only on windows located on the ground floor and second story of either a designated primary or secondary building frontage. Window signs shall not be allowed above the second story.

4. Signs shall be permanently painted or mounted on the inside of windows and doors.

5. Interior signs within five feet of a storefront window shall be counted as window signs for the purpose of calculating total sign area and number of signs.

6. Temporary window signs shall be allowed subject to the requirements of Section

17.335.100 (Standards for Temporary Signs), below.

17.335.090 — Standards for Signs for Specific Uses
A. Drive-through Thru food service establishments. . In addition to the signs allowed in Table 3-12 (Signs Allowed in Commercial, Office, Industrial and Mixed-Use Zones), drive-through food service establishments shall be allowed the following signs:

1. One freestanding menu board with copy on a single face not to exceed 50 square feet in sign area and seven feet in height, located immediately adjacent to the drive-through thru lane, and readable only on-site.

2. One wall-mounted menu board not to exceed 15 square feet, located in the immediate area of the drive-through thru lane only, and readable only on-site; and

3. Directional signs shall be the least number to provide adequate directional information and to ensure safe circulation. Signs shall not exceed five square feet and shall be limited in copy to the terms “enter”, “exit” and directional arrows.

B. Home occupations. Signs are prohibited for Home Occupations.

C. Multi-tenant buildings. Multi-tenant buildings are allowed tenant directory signs, each with a maximum area of eight square feet. No illumination is allowed. These business directory signs shall not count towards the maximum allowable sign area for a site.

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Packet Pg. 1355 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-166 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Service stations. In addition to the signs allowed in Table 3-12 (Signs Allowed in Commercial, Office, Industrial and Mixed-Use Zones), service stations shall be allowed the following signs:

1. Stations shall be allowed one sign for each street frontage, not to exceed 74 square feet per sign.

2. Monument signs shall be located in a landscaped planter with a minimum area equal to the area of the sign.

3. Additional signs are allowed up to a maximum of six for each site, provided that the signs are located at the site of the service provided (e.g., air/water, lube, brakes, etc.) and that each sign does not exceed two square feet.

4. Instructional and warning signs and signs required or authorized by State or Federal law shall be exempt from the provisions of this Subsection.

E. Places of assembly. In addition to signs allowed in Tables 3-11 (Signs Allowed in Commercial, Office, Industrial, and Institutional Zones), facilities whose activities and events change on a regular basis (e.g., places of worship, skate rinks, theatres, stadiums, etc.) shall be allowed the following additional signs:

1. Canopy sign, one for each street frontage, either wall-mounted or freestanding, in which the area shall not exceed 50 percent of the allowable sign area for each sign type.

2. Theaters with three or more screens shall be allowed an additional 10 square feet of sign area for each screen.

3. Glass encasements for special advertisements shall be allowed to be affixed to the primary building. Encasements shall not exceed a width of three feet or a height of four feet, the number of which shall be approved by the Director.

4. Changeable copy signs.

F. Subdivision model home. Each model home featuring a water-saving landscape may display one additional four square foot sign in the front yard so that it is clearly visible to potential buyers. The sign shall indicate that the model features a water saving landscape and irrigation design.

G. Kiosk/Off-Site Subdivision and Business Directional Signs. Kiosk signs may be installed in any zone, if they are a part of the City-approved program for designating and locating kiosk structures, and shall comply with the following:

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Packet Pg. 1356 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-167

1. Panel and sign structure (kiosk) shall be of uniform design and approved by the Director.

2. A sign structure shall be located not less than 600 feet from an existing or previously approved sign site. Further, each sign shall only contain the name of the subdivision or business and one directional arrow for each name.

3. The placement of each sign structure shall be reviewed and approved by the Director.

4. Signs shall be installed on a public right-of-way with an approved Encroachment Permit obtained from the City Engineer and filed with the Department before the issuance of a Sign Permit.

5. A sign location plan shall be prepared showing the site of each directional sign and shall be submitted to the Department before the issuance of a Sign Permit.

6. No additions, tag signs, streamers, devices, display boards, or appurtenances shall be added to the signs after installation in compliance with the Sign Permit.

No other directional signs (e.g., human sign holder, posters, or trailer signs) shall be allowed.

7. Temporary off-site directional signs ("bootleg") shall only be allowed in compliance with a resolution adopted by the Council, which outlines a program for their placement, removal, and administration.

H. Off-Site Directional Signs

1. Off-site directional signs shall be permitted for uses or establishments located within the City.

2. An “off-site directional sign” shall mean a sign that directs attention to a lawfully permitted use or establishment within the City, which sign is erected at a location other than the property on which the use or establishment is located, but which, when considering factors such as the proximity to the use or establishment, the size and configuration of the parcel(s) on which the use or establishment is located, and the size and configuration properties surrounding such property, should be considered “on-site”. For purposes of the foregoing definition, a sign that is proposed to be located 500 yards or more from the property at which the use or establishment is located shall be presumed to not qualify as an “off-site directional sign”, as permitted by this Section. It is the intent of the Council, in allowing such signs, to provide for public safety by directing traffic off the streets of San Jacinto at appropriate locations to minimize traffic congestion, to maximize the orderly flow of traffic, to protect vehicular

4.5.f
Packet Pg. 1357 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-168 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 and pedestrian traffic, and to enhance the aesthetics of the City by reducing excessive numbers or heights of signs.
a. Number permitted. One sign may be permitted for each use or establishment. Additional signs shall be permitted if additional entrances exist to the use or establishment, and such additional signage would aid in the identification of the use or establishment. The City may require multiple uses/establishments to erect and share space on one or more sign structures, to establish a sign program, or both.
b. Sign design, location and size:
(1) Off-site directional signs shall be attached to an existing freestanding sign whenever possible. When an existing free-standing sign is not available, sign location and type shall be determined by the zone in which the sign is proposed to be located.
(2) Total cumulative sign area on the site displaying the off-site directional sign shall not exceed that which would otherwise be permitted by this Chapter for the type of sign, were the sign located on the property to which it provides direction. (3) Each sign may only contain the identification of the use or establishment on the property for which it was approved, or any subsequent or additional use or establishment occupying that property.
(4) The design of each off-site directional sign shall be uniform and subject to the approval of the Director.
c. There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the off-site directional sign as originally approved.
d. Permission from the owner, and any lessee(s), of the property where the off-site directional sign(s) is located shall be submitted to the Director, along with a Sign Permit application.
e. Notwithstanding the provisions of this Section, the Council may, by adoption of a resolution, authorize establishment of a thematic, uniform off-site directional sign program in conjunction with efforts to beautify City streets and public rights-of-way. Size, location, and design of off-site directional signs permitted under a City beautification program shall be established in the resolution authorizing the program.

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Packet Pg. 1358 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-169 H. Electric Vehicle Charging Stations. Electric Vehicle Charging Stations may include the brand or owner/operator/network of the Charging Station. Off-site messaging or advertisement is prohibited. If signage is illuminated, the Director may require a photometric study to ensure lighting complies with all applicable provisions of this Development Code.

17.335.100 — Standards for Temporary Signs
A. Garage sales. See Municipal Code Chapter 5.24 (Garage Sales) for regulations about garage sale signs.

B. Special event signs. Temporary signs for special events (e.g., carnivals, charitable events, grand openings, holiday sales, parades, promotional sales, etc.) sponsored by a governmental, 501(c), or for-profit organization may be allowed subject to approval of a Temporary Sign Permit and the following:

1. Special event signs shall be limited to the duration of the sale or event, but in no case shall a promotional sign be in place in excess of 45 consecutive days.

2. There shall be a break of at least 45 days between the end of one 45 day posting or placement period and the beginning of another 45 day posting or placement period.

3. Special event signs shall be limited to 180 total days per calendar year.

4. Special event signs may only include balloons, inflated display signs, banners, flags, pennants, and streamers. Promotional signs shall at all times be maintained in good and attractive condition, and shall be secured so as not to cause any safety hazards or constitute a nuisance.

5. Banners shall not exceed 15 feet in length or three feet in height, and may be displayed on wall or fence areas only. The number of banners per occupant shall not exceed one per street frontage.

6. Use of search lights and beacons may be included in an application for a temporary sign permit for promotional purposes, but the use shall be limited to no more than three consecutive days, with a break of at least 90 days, no more than four times per calendar year.

C. Banner Installation Program for Banners Over City Rights-Of-Way.

1. Notwithstanding other provisions of this Development Code, the City may install banners over City rights-of-way regarding community and special events sponsored or co-sponsored by the City, or for displaying City messages or greetings.

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2. The Director shall establish a written banner installation program, including banner application and approval guidelines, to regulate the installation of banners requested by a co-sponsoring organization over a City right-of-way.

3. Banners shall be installed in compliance with the banner program established by the Director.

4. The intent of this Section is to retain the character of the areas over City rights-ofway as a nonpublic forum, but non-profit or other organizations co-sponsoring an event with the City may apply for installation of banners advertising or promoting the co-sponsored event.

5. The City may open or close any or all of the City rights-of-way to the banner installation program at any time.

D. Window signs.

1. Temporary window signs shall not occupy more than 25 percent of the total window area on either a designated primary or secondary building frontage. For the purpose of this requirement, a window is any glazed area, including glass curtain walls.

2. The placement of window signs shall allow for unobstructed observation by safety personnel (e.g., City police, private security, etc.)

3. Signs shall be allowed only on windows located on the ground floor and second story of either a designated primary or secondary building frontage. Window signs shall not be allowed above the second story.

4. Signs shall be painted or mounted on the inside of windows and doors.

5. Interior signs within five feet of a storefront window shall be counted as window signs for the purpose of calculating area of window coverage.

6. Permanent window signs shall be allowed subject to the requirements of Section

17.335.080 (Standards for Specific Types of Permanent Signs).

17.335.110 — Guidelines for Signs in Downtown Area
This Section reserved for future use.

17.335.120 — Procedures for Sign Permits, Exemptions, and Revocations A. Sign Permits.

1. Sign Permit required (including Temporary Signs).

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Packet Pg. 1360 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-171 a. To ensure compliance with the regulations contained in this Chapter, a Sign Permit shall be required in order to erect, move, alter, change copy on, or reconstruct any permanent or temporary sign or sign structure except for signs exempt from permits in compliance with Subsection B, below. Sign Permits are also required for signs approved through a Comprehensive Sign Program as provided in Section 17.335.130. b. An application for a Sign Permit shall be made in writing on forms provided by the Department.

2. Approving authority. The Director shall review all Sign Permit applications for conformance with the provisions of this Chapter. For signs that comply with the provisions of this Chapter and do not require discretionary review:
a. The Director shall approve or disapprove the permit application within 90 days from the receipt of a complete application and the applicable fees. b. Failure of the Director to approve or disapprove the permit application within the 90 days shall result in the permit being disapproved. ac. If the application is disapproved by the Director, the Director shall notify the applicant with the reason(s) stated for disapproval. Notification shall be sent first class United States mail to the address provided on the application that shall be considered the correct address. Each applicant has the burden to furnish any change of address to the Director, by United States certified mail, return receipt requested. bd. In the event an application is disapproved, the applicant may appeal the Director’s decision in compliance with Section 17.600.020 (Authority for Land Use and Zoning Decisions).

B. Exemptions to Sign Permit requirement. Sign Permits shall not be required for the signs listed as exempt in this Subsection. Exempt signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site or project. However, exempt signs shall be required to adhere to the regulations established for each sign type. Signs erected without complying with the applicable regulations are considered illegal and shall be removed in compliance with Section

17.335.190 (Illegal Signs). An exempt sign may still require a Building Permit, subject to the provisions of Municipal Code Title 15 (Buildings and Construction).

1. Routine Maintenance. Painting, repainting, or cleaning of a sign shall not be considered erecting or altering a sign and therefore shall not require a Sign Permit, unless structural changes are made.

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Packet Pg. 1361 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

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2. On-Site, Non-Illuminated Signs. The following on-site, non-illuminated signs shall not require issuance of a Sign Permit:
a. Incidental Signs. Signs or notices that are incidental to an establishment (e.g., hours of operation, menu, credit card information, emergency contact information, etc.) provided that the signs do not exceed four square feet in area for all of the signs combined. Incidental window signs shall not be included in permanent window sign area calculations, except if illuminated.
b. Building and Civic Markers. Memorial signs, plaques, and associated displays installed by civic organizations recognized by the City. c. Bulletin Boards. Bulletin boards for any legal, noncommercial establishment, when located on the premises of the establishment and not over 12 square feet in area.
d. Change of Copy. Changing the copy in approved changeable copy signs in existence as of the date of adoption of this Chapter, or approved through the Comprehensive Sign Program (Section 17.335.130). e. Construction Project Signs. Real estate and construction signs not in excess of one for each street frontage, 32 square feet or less in area and less than seven feet in height. The time period for the temporary sign begins with the issuance of a Building Permit, or its functional equivalent, and ends with the issuance of the earliest of the following: a Certificate of Completion, a Certificate of Occupancy, a final inspection sign-off, or the functional equivalent of any of them.
f. Directional Signs. Signs solely for the purpose of guiding pedestrian and motor vehicle traffic, parking, and loading on private property subject to approval by the Director. One safety or directional sign for each vehicle entry to a site with a maximum area of three square feet for each sign. Maximum sign height shall be four feet. Additional signs may be allowed with approval of a Comprehensive Sign Program (Section

17.335.130).
g. Flags.
(1) Flags that are 15 square feet or less when placed on a flagpole less than 25 feet in height and bearing noncommercial messages or graphic symbols (e.g., national, State, or local government flags; national or international organizations; etc.). Flags bearing commercial messages shall not be displayed in residential zones.

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Packet Pg. 1362 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-173 (2) A maximum of three flags with an aggregate area of 45 square feet may be displayed on any single parcel. However, one flag up to 45 square feet in area and bearing an on-site commercial message may be displayed on each parcel in nonresidential zones. h. Garage sale signs. See Municipal Code Section 5.24 (Garage Sales). i. Government Signs. A sign erected by a Federal, State, County, agency, or the City.
j. Holiday Window Painting. Signs and decorations painted on or applied to windows pertaining to holidays and seasonal events. All signs and decorations shall be removed within 10 days following the applicable holiday.
k. Interior signs. Interior signs, as defined in Section 17.335.040 (Definitions).
l. Official signs. Official and legal notices or signs issued or placed by a court or government agency.
m. Political Signs. Up to three political signs, with a maximum total sign area of six square feet and a maximum height of four feet, per parcel in any zone for a period not to exceed 14 days following the conclusion of the campaign.
n. Portable Parking Lot and Valet Parking Signs. One freestanding portable sign at each parking lot entrance limited to 10 square (2'x5') feet in area. A valet parking plan approved by the Director shall indicate the location of the sign to ensure that the sign does not interfere with driver visibility or pedestrian movement.
o. Public Service Signs. Public service signs authorized by Federal, State, or municipal agencies.
p. Real Estate Signs.
(1) Residential zones. In compliance with Civil Code Section 713, real estate signs are allowed, on a temporary basis, in residential zones, subject to the following:
(a) One sign per parcel, except as provided in Subparagraph (e), below;
(i) The sign shall not exceed four square feet;

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Packet Pg. 1363 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-174 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 (ii) The sign may have one rider not to exceed one
square foot (See Figure 3-42 (Real Estate Sign);
(iii) The sign may include one brochure box not to
exceed 154 square inches. For purposes of this
Section, a brochure box means a plastic or metal
container designed to hold brochures or flyers
describing or advertising the real property for sale,
lease, rent, or exchange;
(iv) The overall height of the installed sign, rider, and brochure box shall not exceed four feet above
ground unless the sign is mounted flush to a wall.
(b) The sign shall be placed on the parcel for sale, lease, rent, or exchange and shall not be installed in a manner that creates a hazard for traffic or pedestrians;
(c) No flags, pennants, balloons, or other attention-attracting devices shall be displayed;
(d) The sign shall be removed immediately after the sale, lease, or rental of the property has been consummated;
(e) Residential subdivisions shall be allowed one real estate sign not exceeding 20 square feet in area that advertises the first sale of structures and lots for a period of time not to exceed one year following the recordation of the final subdivision map.
(2) Nonresidential zones. Properties in nonresidential zones shall be allowed one temporary real estate sign not exceeding 20 square feet in area that advertises the sale, rental, or lease of the premises upon which the sign is located; the directions to the property; and the owner’s or agent’s name and contact information. Permanent installations of real estate signs shall be subject to the standards for permanent signs in this Chapter.

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Packet Pg. 1364 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-175 Figure 3-42
Real Estate Sign
q. Site Address. Limited to one freestanding or wall sign, which only indicates the street address of the property on which the sign is located, for each street frontage, provided that the total aggregate sign area does not exceed four square feet. If a freestanding sign, the sign shall be setback at least five feet with a height no greater than 30 inches. r. Time or temperature signs. A time or temperature sign does not count towards the otherwise applicable limits as to number and size of signs for the property on which it is located, provided that the sign:
(1) Shall have a maximum area of 36 square feet and shall comply with the height requirements established in Table 3-12 (Signs Allowed in Commercial, Office, Industrial and Mixed-Use Zones) for the type of sign (building/freestanding) to which it is attached. (2) Shall be designed in a manner that is architecturally compatible with other signs and with the structure on which it is placed. s. Vehicle signs. Signs attached to vehicles that do not meet the criteria of “vehicle sign,” as defined in Section 17.335.040 (Definitions). Signs that do meet the criteria of vehicle sign are prohibited as provided in Section

17.335.050.
t. Window signs. Window signs limited to painted signs on glazing, poster paper signs, and place cards attached to the inside of glazing of store fronts, provided that no more than 25 percent of the window area is covered. In the case of convenience stores and other similar retail establishments, views from the public right-of-way to the cash register area shall not be impeded. The intent is to provide visibility of the sales counter for increased public safety.

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Packet Pg. 1365 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-176 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 u. Other features. Other features that do not fall within the meaning of sign, as defined in Section 17.335.040 (Definitions).

C. Reserved.Findings for approval. The approval of a a Comprehensive Sign Program shall require that the review authority first make all the following findings, as applicable:

1. The proposed sign program complies with the standards of this Chapter.

2. The height, size, location, and orientation of the proposed signs are appropriate for the site.

3. The placement and size of the signs will not impair the visibility of existing signs on adjacent properties.

4. The placement and size of the signs will not impair pedestrian or vehicular safety.

5. The proposed signs are of a color, letter type, material, shape, and style that are compatible with the scale and architectural style of the primary structures on the site and complementary to the structures on adjacent properties on the same street. To the extent feasible, the design should emphasize simplicity of style.

6. Sources of illumination shall be screened from public view and shall be designed to avoid glare onto a public right-of-way or adjacent property.

D. Expiration and extension of Sign Permit.

1. An approved Sign Permit shall expire 12 months from the date of approval unless the sign has been installed, or a different expiration date is stipulated at the time of approval. Before the expiration of a Sign Permit, the applicant may apply to the Director for an extension of an additional 12 months from the original date of expiration. In response to an extension request, the review authority may make minor modifications, or deny further extensions.

2. The expiration date of the Sign Permit shall be automatically extended to concur with the expiration date of the companion Building Permit or other applicable permits.

E. Revisions to Sign Permit. The Director may approve minor changes to an approved Sign Permit if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised Sign Permit by the Director in compliance with Section 17.660.100 (Changes to An Approved Project).

F. Revocation of Sign Permit.

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Packet Pg. 1366 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-177

1. The Director may, in writing, suspend or revoke a Sign Permit if the permit was issued on the basis of a material omission or misstatement of fact, or in violation of any ordinance or any of the provisions of this Chapter, or if the permitted sign violates any applicable law.

2. Within 15 days after issuance of the written notice, any sign authorized by the revoked Sign Permit shall be removed.

3. Failure to remove the sign display within the 15-day period shall be a violation of this Development Code, and the sign shall be deemed a public nuisance.

G. Appeal. The applicant may appeal the denial of a Sign Permit application in compliance with Chapter 17.715 (Appeals).

17.335.130 — Comprehensive Sign Program
A. Purpose. The purpose of a Comprehensive Sign Program is to integrate all of a project’s signs with the overall site design and the structures’ design into a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for projects that require multiple signs in order to provide latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this Chapter.

B. Applicability. The approval of a Sign Permit for a Comprehensive Sign Program shall be required whenever any of the following circumstances exist.

1. Whenever four or more separate tenant spaces are present on the same parcel or on multiple parcels that are part of a unified shopping center or similar business center;

2. Whenever four or more non-exempt signs are proposed for a single-tenant development;

3. Whenever signs are proposed to be located on or above the second story on a multi-story structure;

4. Whenever a project or parcel has more than 300 linear feet of frontage on a public street;

5. Whenever an existing multi-tenant development of three or more tenants is being remodeled or rehabilitated to the extent that the value of the work will be greater than 20 percent of the replacement cost of the structure(s), as determined by the Director;

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Packet Pg. 1367 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-178 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17

6. A Comprehensive Sign Program for a theater or cinema use may authorize signs that deviate from the standards of this Chapter. The Comprehensive Sign Program may allow marquee signs, brighter lights, and design features not otherwise authorized by this Chapter if the sign(s) is/are generally consistent with the purposes of this Chapter. Approval shall not be based on message content;

7. Whenever the Director determines that a Comprehensive Sign Program is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes, etc.); and

8. A Comprehensive Sign Program shall not be used to override the prohibition on new billboards in Subsection 17.335.030.F. (General Provisions - Billboard policy).

C. Review authority. The Director is the review authority for a Comprehensive Sign Program.

D. Application requirements. A Sign Permit application for a Comprehensive Sign Program shall include all of the information and materials required by the Director, and the filing fee set by the City’s Planning Fee Schedule.

E. Findings for approval. The approval of a a Comprehensive Sign Program shall require that the review authority first make all the following findings, as applicable:

1. The proposed sign program complies with the standards of this Chapter.

2. The height, size, location, and orientation of the proposed signs are appropriate for the site.

3. The placement and size of the signs will not impair the visibility of existing signs on adjacent properties.

4. The placement and size of the signs will not impair pedestrian or vehicular safety.

5. The proposed signs are of a color, letter type, material, shape, and style that are compatible with the scale and architectural style of the primary structures on the site and complementary to the structures on adjacent properties on the same street. To the extent feasible, the design should emphasize simplicity of style.

6. Sources of illumination shall be screened from public view and shall be designed to avoid glare onto a public right-of-way or adjacent property.

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Packet Pg. 1368 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-179 F. Standards. A Comprehensive Sign Program shall comply with the following standards:

1. The proposed sign program shall comply with the purpose and intent of this Chapter, any adopted sign design guidelines, and the overall purpose and intent of this Section.

2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the Comprehensive Sign Program, to the structures and developments they identify, and to surrounding development when applicable.

3. The sign program shall include all signs, including permanent, temporary, and exempt signs.

4. The sign program shall accommodate future revisions that may be required because of changes in use or tenants.

5. The sign program shall comply with the standards of this Chapter, except that deviations are allowed with regard to sign area, total number, location, and height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter.

6. Approval of a Comprehensive Sign Program shall not authorize the use of signs listed as prohibited by this Chapter.

7. Review and approval of a Comprehensive Sign Program shall not consider the signs’ proposed message content.

8. The Director may approve an increase in sign standards in compliance with Chapter 17.650 (Variances and Minor Variances).

17.335.140 — Maintenance
A. Maintenance of signs required. Signs shall be maintained in a safe, presentable, and structurally sound condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other maintenance activities. Failure to comply with these requirements may cause the sign to be declared a public nuisance, which shall be removed in compliance with this Section.

B. Proper maintenance identified. Display surfaces shall be kept clean and neatly painted and repaired at all times, and there shall be no missing or damaged messages, graphics, or structural elements, or portions thereof. Signs shall be refinished to remove rust or other corrosion due to the elements as necessary. Faded, cracked, or broken faces or surfaces, and malfunctioning lamps shall be replaced immediately. Awnings that have

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Packet Pg. 1369 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-180 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 signs shall be cleaned periodically and replaced if they become faded, tattered, or ripped.

C. Administrative procedures applied to improperly maintained signs. Improperly maintained signs shall be subject to the following administrative procedures:

1. Notice of violation shall be sent by first class United States mail to last known address of sign owner and property owner, informing the owner(s) of the time in which removal of sign or repair of condition shall be accomplished.

2. If the owner(s) fail(s) to remove the sign or repair the condition, the City shall send final notice by certified United States mail, return receipt requested, and by first class United States mail, notifying the owner(s) that failure to remove or repair the sign within 30 days shall result in the issuance of a citation in compliance with the Municipal Code.

3. If the owner(s) do(es) not remove the sign or repair the condition within the 30- day period, the City may apply the remedies identified in Municipal Code Sections 1.24 et seq., 8.44.050(H), and 1.28 et seq., in addition to any remedies otherwise available at law or in equity.

D. Hazardous signs. If a sign is damaged or not properly maintained to a degree that causes it to pose a physical danger to persons or property, the following provisions shall apply:

1. Hazardous signs identified. A hazardous sign is a sign that poses a danger to the public or that could create a potential hazard. Hazardous signs are declared to be a public nuisance in compliance with Municipal Code Chapter 8.44 (Nuisances). The determination that a sign has become hazardous or unsafe shall consider only the physical condition and characteristics of the sign, and shall not consider the sign’s message.

2. Removal of hazardous signs. Upon discovering a hazardous condition, the City may cause the immediate removal of a sign(s) that is a danger to the public due to unsafe conditions. No hearing shall be required before the removal of any hazardous sign. The City is not required to give notice of intent to remove the sign(s) prior to removal, but shall endeavor to do so and shall inform the property, business, and sign owner(s) that the hazardous sign has been removed within three days following removal, by certified United States mail, return receipt requested and by first class United States mail. Thereafter, the Community Preservation Committee shall conduct a hearing within 10 days following the removal, unless a different time is agreed to by the Director and the property, business, and sign owner(s). See Municipal Code Chapter 8.44 (Nuisances).

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Packet Pg. 1370 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-181 E. Storage and costs.

1. Storage. The removed sign(s) shall be stored for a minimum of 30 days following written notice to the property, business, and sign owner, during which time the property, business, and sign owner may recover the sign(s) upon payment to the City for costs of removal and storage.

2. Abandonment. If the removed sign(s) is not recovered within the 30-day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City. Any sign removed by the City shall become the property of the City, to be disposed of in any manner deemed appropriate.

3. Recovery of costs. The costs of removal and storage of a sign(s) shall be considered a debt owed the City by the property, business, and sign owner, recoverable by legal action or a lien against the property. The cost of removal shall include any and all expenses incurred by the City, including legal fees. If not paid, the applicable costs may be imposed as a tax lien against the property.

Notice of the imposition of the tax lien shall be sent to the owner of the property by certified United States mail, return receipt requested, as well as by first class United States mail.

17.335.150 — Enforcement
The City may withhold the issuance of Business Licenses, Building Permits, Grading Permits, Certificates of Occupancy, other land use entitlements and may issue stop work orders for a development project failing to comply with the provisions of this Chapter. If any improvements or programs required by this Chapter are either rendered unusable or discontinued, the property owner, employer, and tenant may be subject to enforcement procedures in compliance with Chapter 17.725 (Enforcement Provisions).

17.335.160 — Nonconforming Signs
A. Continuance of nonconforming signs. Except as provided in Subsection D, below, a legal nonconforming sign may be continued and shall be maintained in good condition as required by Section 17.335.140 (Maintenance), but it shall not be:

1. Structurally changed to another nonconforming sign, although its copy and pictorial content may be changed.

2. Structurally altered to prolong the life of the sign, except to meet safety requirements.

3. Expanded or altered in any manner that increases the degree of nonconformity.

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Packet Pg. 1371 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-182 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 B. Repairing and repainting. Nonconforming signs shall only be painted and repaired in place and shall not be removed from their existing location unless removal of the sign for painting or repair is part of the sign’s customary maintenance and repair.

C. Change of business ownership. Upon a change of ownership, the new owner of a nonconforming sign may change the name(s) on the sign so long as there is no change in the structure or configuration of the sign.

D. Removal of nonconforming signs. Nonconforming signs shall be removed if:

1. The nonconforming sign is more than 50 percent destroyed, and the destruction is other than facial copy replacement. A nonconforming sign shall be deemed to be more than 50 percent destroyed if the estimated cost of reconstruction and repair exceeds 50 percent of the replacement cost as determined by the Building Official.

2. The nonconforming sign is remodeled, unless the sign is remodeled to comply with the provisions of this Chapter.

3. Nonconforming signs shall be removed when a property is further developed in compliance with this Development Code.

4. Nonconforming signs shall be removed before the installation of new signs advertising the same business or any new business on the site.

5. Existing legal billboard signs shall be removed when the property on which the sign is located is further developed.

6. The nonconforming sign is located on a structure that is to be enlarged or expanded, if the nonconforming sign is affected by the construction, enlargement, remodel, or expansion. An enlargement, remodel, or expansion of the portion of the structure upon which the nonconforming sign is located or that is more than 50 percent of the structure area shall be deemed to affect the nonconforming sign.

7. The nonconforming sign is temporary.

E. Deactivation of flashing features. The owner of a sign that contains flashing features shall permanently deactivate the flashing features.

17.335.170 — Abandoned Signs
A. When abandoned. Conforming and nonconforming signs shall be presumed abandoned under any of the following circumstances:

1. The sign identifies or advertises a business that has ceased for more than 90 days;

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Packet Pg. 1372 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SIGN REGULATIONS 17.335
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-183

2. The sign is located upon a structure that has been abandoned by its owner for more than 90 days;

3. The sign pertains to a bona fide business, lessor, service, owner, or product that has been unavailable upon the site for more than 90 days; or

4. The sign has not been removed after the occurrence of a temporary event or activity with an approved Temporary Use Permit in compliance with Chapter

17.640 (Temporary Use Permits).

5. The sign is a hazardous sign that has been removed by the City and has not been recovered by the owner within the time period specified in Subsection

17.335.140.E (Maintenance –Storage and costs).

B. Removal of abandoned signs.

1. An abandoned sign or an abandoned nonconforming sign shall be immediately removed by the owner or lessee of the premises upon which the sign is located or by a person, organization, or other entity that directly or indirectly receives a benefit from the information contained on the sign.

2. A sign frame or structure that has been abandoned shall be immediately removed by the owner or lessee of the premises upon which the sign frame or structure is located.

C. Notice that a sign is presumed abandoned. The Director shall send a person responsible for a sign presumed to be abandoned an Abandoned Sign Notification.

Failure of the person to respond within 30 days to the Abandoned Sign Notification shall serve as prima facie evidence of intentional permanent abandonment of the sign.

17.335.180 — Illegal Signs
A. Strict liability. Violations of this Chapter shall be treated as a strict liability offense regardless of intent.

B. Illegal signs identified. The following signs are illegal, declared to be a public nuisance, and shall be subject to the enforcement procedures identified in Chapter 17.725 (Enforcement) as well as the procedures and remedies in Municipal Code Sections 1.24 (General Penalties), 1.28 (Administrative Citations), and 8.44 (Nuisances).

1. A sign erected, placed, posted, constructed, reconstructed, altered, maintained, or moved after the effective date of this Chapter that does not comply with all applicable provisions of this Chapter.

2. A sign erected, placed, posted, constructed, reconstructed, altered, maintained, or moved before the effective date of this Chapter or before annexation to the

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Packet Pg. 1373 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.335 SIGN REGULATIONS
3-184 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 City that failed to comply with all regulations in effect at the time the sign was erected, placed, posted, constructed, reconstructed, altered, maintained, or moved.

3. A nonconforming sign that is required to be removed or altered by Subsection

17.335.160.D (Removal of nonconforming signs) and that is not removed or altered in compliance with Subsection 17.335.170.B.

4. Signs with flashing elements that are not deactivated in compliance with Subsection 17.335.160.E (Deactivation of flashing features).

5. An abandoned nonconforming sign.

6. An abandoned sign.

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Packet Pg. 1374 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) TRANSPORTATION DEMAND MANAGEMENT 17.350
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-185 Chapter 17.350 — Transportation Demand Management
Sections:

17.350.010 – Purpose

17.350.020 – Applicability

17.350.030 – Trip Reduction Standards and Plans

17.350.040 – Trip Reduction Facilities and Methods

17.350.050 – Enforcement

17.350.060 – Compliance with AQMD Regulation XV

17.350.070 – Voluntary Plans and Programs

17.350.010 — Purpose
The purpose of this Chapter is to provide regulations to reduce air pollution caused by vehicle trips and vehicle miles traveled.

17.350.020 — Applicability
A. Threshold number of employees. This Chapter applies to a new development that generates 50 or more employees and an existing development with 50 or more employees.

B. Determination of number of employees. Table 3-13 states the amount of gross building square footages in various land use categories that are considered to generate one employee. For mixed-use developments the project employment factor shall be based upon the proportion of the development devoted to each land use.

Table 3-13
Number of Employees Generated by Land Uses
Land Use Category Gross Square Feet per Employee
Retail commercial 500 square feet = 1 employee
Office/professional 300 square feet = 1 employee
Industrial/manufacturing 500 square feet = 1 employee
Warehouse 1,000 square feet = 1 employee
Hotel/motel 1 guest room = .5 employees
Hospital 300 square feet = 1 employee
C. Exemptions. In the event the developer reports fewer employees than anticipated by Table 3-13, the development may be exempt from the provisions of this Chapter, provided that:

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Packet Pg. 1375 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.350 TRANSPORTATION DEMAND MANAGEMENT
3-186 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17

1. A signed and notarized affidavit certifying the actual number of employees is submitted;

2. Annually, on the anniversary of the signed affidavit, the developer or employer reports to the Department the actual number of employees including any increase in employees.

17.350.030 — Trip Reduction Standards and Plans
A. Trip reduction standard – Minimum of 12 percent. All applicable development shall reduce work-related vehicle trips by a least 12 percent from the expected number of trips related to the project, as indicated in the latest edition of the Trip Generation Handbook published by the Institute of Traffic Engineers (ITE). Trip reductions shall be calculated in compliance with standards established by the Southern California Association of Governments (SCAG) and the South Coast Air Quality Management District (SCAQMD).

B. New development. Each new development shall include in the development plans a Trip Reduction Plan or shall incorporate facilities as specified in Section 17.350.040 (Trip Reduction Facilities and Methods). The Director shall approve a Trip Reduction Plan before the issuance of any Certificate of Occupancy. Agreements to secure implementation of the Trip Reduction Plan shall become a condition of development and shall be recorded with the deed of trust for the property. The agreement shall include a monetary lien on the property in an amount sufficient to implement the program.

C. Existing development. Existing development shall submit a Trip Reduction Plan or incorporate facilities as specified in Section 17.350.040 (Trip Reduction Methods and Facilities). The Trip Reduction Plan shall be submitted before the issuance and renewal of the Business License.

D. Annual review fee. A Trip Reduction Plan review fee in an amount established by the City’s Fee Schedule shall be payable at the time of annual review.

17.350.040 — Trip Reduction Facilities and Methods
A. Facilities. Facilities to reduce work-related vehicle trips may include any of the following:

1. Preferential parking for carpool vehicles;

2. Bicycle parking and shower facilities;

3. Information center for transportation alternatives;

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Packet Pg. 1376 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) TRANSPORTATION DEMAND MANAGEMENT 17.350
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-187

4. Rideshare vehicle loading areas;

5. Vanpool vehicle accessibility;

6. Bus stop improvements;

7. On-site child care facilities;

8. Local transportation systems management methods and road improvements;

9. Facilities or equipment (e.g., laptops, mobile phones, etc.) to encourage telecommuting;

10. Contributions to support regional facilities designed to reduce vehicle trips and miles traveled; and

11. On-site amenities (e.g., automated teller machines (ATM’s), cafeterias, restaurants, etc.) or the provision of services (e.g., mobile dry cleaning services, mobile lunch delivery services, etc.) that would eliminate the need for additional trips.

B. Trip reduction methods. Any combination of the following methods may be utilized to achieve the required vehicle trip reduction:

1. Alternate work schedules/Flex-time.
a. Office/professional, industrial, manufacturing, warehouse. Incorporate alternate work schedules and flex-time programs (adoption of 9/80 work schedule for all employees would account for a 10 percent reduction in vehicle trips).
b. Hospital. Incorporate alternate work schedules and flex-time programs for employees who normally work between the hours of 8:00 a.m. and 5:00 p.m.

2. Telecommuting.
a. Office/professional.
(1) Office facilities that are 25,000 square feet or larger may reserve five percent of the gross floor area for telecommuting purposes to allow tenants with multiple facilities to establish satellite work centers.

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Packet Pg. 1377 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.350 TRANSPORTATION DEMAND MANAGEMENT
3-188 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 (2) Establish telecommuting or work at home programs to allow employees to work at a home or a satellite work center either one day per week or one day every two weeks.
(3) Through the telecommuting or work at home program provide incentives or offset employee costs in acquiring the needed equipment and supplies for telecommuting.
b. All other uses.
(1) Establish telecommuting or work at home programs for selected employees (i.e., certain clerical or administrative employees). (2) Through the telecommuting or work at home program provide incentives or offset employee costs in acquiring the needed equipment and supplies for telecommuting.

3. Bicycle facilities. For all uses, provide:
a. Bicycle parking facilities equivalent to 10 percent of the total required motor vehicle parking spaces. Thirty percent of the bicycle parking facilities shall be secure lockers.
b. Shower and locker facilities equivalent to two showers for the each 100 employees or portion thereof.

4. Parking management. For all uses,
a. Designate via permanent signs employee parking area(s) based upon the following ratios:
(1) Office/professional: 85 percent of required parking; (2) Commercial retail: 30 percent of required parking;
(3) Industrial/manufacturing/warehouse: 90 percent of required parking;
(4) Hospital: 70 percent of required parking; and
(5) Hotel: 30 percent of required parking.
b. Designate via permanent signs 25 percent of employee parking for carpools and vanpools.

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Packet Pg. 1378 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) TRANSPORTATION DEMAND MANAGEMENT 17.350
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2012 2022 3-189 c. Offer financial or other incentives to employees who participate in ridesharing or an alternative mode of transportation other than the single-occupant vehicle.
d. Establish a parking surcharge on the single-occupant vehicle.

5. Mass transit facility usage. For all uses, provide incentives (e.g., bus pass, additional pay, flex-time, etc.) to employees to use mass transit facilities instead of the single- occupant vehicle.

6. Commuter Information Center. For all uses, provide a commuter information area or bulletin board that is centrally located and accessible to all employees and includes:
a. Current maps, routes, schedules for public transit;
b. Rideshare match lists; and
c. Available employee incentives.

7. Child care facilities. For all uses, including multi-tenant developments, that cumulatively employ 150 or more persons, set aside at least 10 percent of the gross floor area for the operation of a child care facility. The floor area shall be exempt when calculating parking requirements for the entire development.

8. Other measures. Any other method or measure that will result in a reduction in vehicle trips shall be credited toward attaining the requirements of this Chapter.

17.350.050 — Enforcement
Upon approval of a Trip Reduction Plan, if there is future noncompliance with this Chapter or exhibited failure to implement the Trip Reduction Plan, the City may:

A. New development. For new development, exercise the lien, based upon the terms of the agreement as required in compliance with Section 17.350.030.B., on the subject property; or
B. Existing development. For existing development, assess a monetary penalty, compounded on a monthly basis upon the length of time of noncompliance equal to the Business License renewal fee.

17.350.060 — Compliance with AQMD Regulation XV
Initial trip reduction plans approved by the City for new employers shall constitute compliance with Regulation XV, provided that the programs have been determined sufficient to meet average vehicle ridership (AVR) targets of 1.5. Monitoring and annual reporting requirements

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Packet Pg. 1379 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.350 TRANSPORTATION DEMAND MANAGEMENT
3-190 DECEMBER 20122022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 shall continue to be the responsibility of the South Coast Air Quality Management District (SCAQMD) and individual employers in compliance with rules and procedures established by SCAQMD.

17.350.070 — Voluntary Plans and Programs
A. Employers that employ fewer than 50 people are encouraged to submit Trip Reduction Plans on a voluntary basis to achieve an overall trip reduction of 12 percent.

B. The Director shall be responsible for developing effective incentive programs that promote voluntary programs to reduce vehicle trips and miles traveled.

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Packet Pg. 1380 Attachment: B.4 - Exhibit D Article 3 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 4 STANDARDS FOR SPECIFIC LAND USE
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-1 Article 4
Standards for Specific Land Uses
Table of Contents
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 Standards ..........4-13

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

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Packet Pg. 1381 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USE ARTICLE 4
4-2 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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

17.405.060 — Accessory Dwelling Units ...................................................................................4-46 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 ..........................................................................4-704-69 Chapter 17.420 — Multi-Family Development........................................................................4-724-71

17.420.010 — Purpose ...........................................................................................................4-724-71

17.420.020 — Applicability...................................................................................................4-724-71

17.420.030 — Processing .......................................................................................................4-734-72

17.420.040 — Minimum Amenities .....................................................................................4-734-72

17.420.050 — Development Standards ...............................................................................4-754-74

17.420.070 — Site Design Standards and Guidelines .......................................................4-794-78 Chapter 17.425 — Single-Family Development ......................................................................4-874-86

17.425.010 — Residential Compatibility Standards ..........................................................4-874-86

17.425.020 — Residential Development Design Regulations ..........................................4-894-88 Chapter 17.427 — Mixed-Use Development ............................................................................4-984-97

17.427.010 — Purpose ...........................................................................................................4-984-97

17.427.020 — Applicability...................................................................................................4-984-97

17.427.030 — Processing .......................................................................................................4-984-97

17.427.040 — Commercial Development............................................................................4-994-98

17.427.050 — Mixed-Use Development..........................................................................4-1014-100

17.427.060 — Live/Work Units ........................................................................................4-1074-106

17.427.070 — Multi-Family Development......................................................................4-1104-109

17.427.080 — Single-Family Development.....................................................................4-1104-109 Chapter 17.430 — Standards for Specific Land Uses..........................................................4-1114-110

17.430.010 — Purpose .......................................................................................................4-1124-111

17.430.020 — Applicability...............................................................................................4-1124-111

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Packet Pg. 1382 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ARTICLE 4 STANDARDS FOR SPECIFIC LAND USE
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-3

17.430.030 — Agritourism ................................................................................................4-1124-111

17.430.040 — Alcohol Sales ..............................................................................................4-1144-113

17.430.050 — Animal-Keeping.........................................................................................4-1204-119

17.430.060 — Animal Sales and Services........................................................................4-1294-128

17.430.070 — Arcades........................................................................................................4-1304-129

17.430.080 — Automated Teller Machines (ATMs) ......................................................4-1304-129

17.430.090 — Bed and Breakfast Inns .............................................................................4-1314-130

17.430.100 — Cargo Containers .......................................................................................4-1324-131

17.430.110 — Community Care Facilities.......................................................................4-1334-132

17.430.120 — Community Gardens.................................................................................4-1344-133

17.430.130 — Conversion of Residential Structures .....................................................4-1354-134

17.430.140 — Cottage Businesses ....................................................................................4-1354-134

17.430.150 — Day Care Facilities.....................................................................................4-1374-136

17.430.160 — Donation Boxes ..........................................................................................4-1404-139

17.430.170 — Drive-Through Thru Facilities .................................................................4-1404-139

17.430.180 — Electric Vehicle Charging Stations ..........................................................4-1424-141

17.430.190 — Emergency Shelters ...................................................................................4-1444-143

17.430.200 — Limited, Seasonal Farming.......................................................................4-1464-145

17.430.210 — Live Entertainment....................................................................................4-1474-146

17.430.220 — Mobile/Manufactured Homes..................................................................4-1494-148

17.430.230 — Outdoor Dining..........................................................................................4-1504-149

17.430.240 — Outdoor Displays and Sales.....................................................................4-1514-150

17.430.250 — Outdoor Storage.........................................................................................4-1534-152

17.430.260 — Recreational Vehicle Parks .......................................................................4-1544-153

17.430.270 — Recycling Facilities ....................................................................................4-1554-154

17.430.280 — Residential Care Facilities.........................................................................4-1584-157

17.430.290 — Satellite/Dish Antenna and Amateur Radio Antenna ..........................4-1594-158

17.430.300 — Senior Residential Projects .......................................................................4-1624-161

17.430.310 — Service Stations (Gas Stations).................................................................4-1644-163

17.430.320 — Shopping Centers ......................................................................................4-1674-166

17.430.330 — Solar Energy Systems; Expedited Permitting for Small Residential Rooftop Solar Energy Systems ...............................................................................................4-1704-169

17.430.340 — Tobacco Stores............................................................................................4-1774-176

17.430.350 — Vehicle Storage and Towing and Storage ..............................................4-1824-181

17.430.360 — Wind Energy Systems ...............................................................................4-1844-183

17.430.370 — Wireless Telecommunication Facilities ..................................................4-1864-185 Chapter 17.435 — Cannabis Oriented Businesses ..............................................................4-1984-197

17.435.010 — Purpose and Intent ....................................................................................4-1984-197

17.435.020 — Applicability...............................................................................................4-1984-197

17.435.030 — Definitions ..................................................................................................4-1984-197

17.435.040 — Cannabis Oriented Businesses Development Standards .....................4-2034-202

17.435.050 — Performance Standards.............................................................................4-2074-206

17.435.060 — Permits Required .......................................................................................4-2094-208

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Packet Pg. 1383 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USE ARTICLE 4
4-4 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 List of Tables
Page
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 ProjectsDevelopment Setbacks................4-76 Table 4-43 Minimum Separation between Multi-Family Structures....................................4-7775 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 List of Figures
Page
Figure 4-1 Minimum Separation between Multi-Family Structures....................................4-7776 Figure 4-2 Location of Amateur Radio Antenna.......................................................................4-158 Figure 4-3 Examples of Shopping Structure Setback ...............................................................4-167 Figure 4-4 Location of Gateway Area.........................................................................................4-194 Figure 4-5 Roadways in General Plan Circulation Element....................................................4-195

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Packet Pg. 1384 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-5 Chapter 17.400 — Adult-Oriented Businesses
Sections:

17.400.010 – Purpose and Intent

17.400.020 – Definitions

17.400.030 – Minimum Proximity Requirements

17.400.040 – Compliance with Locational Requirements

17.400.050 – Compliance with Applicable Standards and Regulations

17.400.060 – Adult-Oriented Business Development and Performance Standards

17.400.070 – Permits Required

17.400.080 – Adult Use Planning Permit- Adult Business Application

17.400.090 – Adult-Oriented Business Permit Required

17.400.100 – Adult Entertainer Permit Required

17.400.110 – Applications

17.400.120 – Investigation and Action on Application

17.400.130 – Permit Disapproval

17.400.140 – Permit Renewals; Expiration

17.400.150 – Transfer of Adult-Oriented Business Permits

17.400.160 – Registration of New Employees

17.400.170 – Suspension or Revocation of Permits

17.400.180 – Appeal of Disapproval, Suspension or Revocation

17.400.190 – Register of Adult Entertainers

17.400.200 – Display of Permit

17.400.210 – Employment of and Services Rendered to Persons under the age of 18 Years Prohibited

17.400.220 – Reservation of Right to Review Adult Use Planning Permit- Changed Conditions

17.400.230 – Inspection

17.400.240 – Regulations Nonexclusive

17.400.250 – Fees

17.400.260 – Violations and Penalties

17.400.270 – Enforcement

17.400.280 – Prohibited Uses

17.400.010 — Purpose and Intent
The purpose of this Chapter is to regulate adult businesses to promote the health, safety and general welfare of the citizens of the City. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. It is recognized that adult businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located, as

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Packet Pg. 1385 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.400 ADULT-ORIENTED BUSINESSES
4-6 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 further detailed in the ordinance adopting this Development Code. It is therefore the purpose of this Chapter to establish standards for the conduct of adult businesses which will protect the public health, safety and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult businesses, and maintain local property values.

17.400.020 — Definitions
For the purposes of this Chapter, the following words, items and phrases shall have the meanings given in this Section:

Adult or Adult-Oriented Material. Sexual or sexual-oriented material or material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.

Adult Arcade. A business establishment to which the public is allowed or invited, and imageproducing devices, including, but not limited to, still or motion picture machines, projectors, videos, holograms, virtual reality devices, whether operated by mechanical, electronic or electrical means, are maintained to display images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

Adult-Oriented Businesses. Any business which is conducted for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of the business, and which is characterized by an emphasis on specified sexual activities and/or specified anatomical areas, or any other business or establishment that on a regular and substantial basis, offers its patrons entertainment or services which involve, depict, describe or relate to specified sexual activities and/or specified anatomical areas. “Adultoriented business” also means and includes, but is not limited to, the following specific types of adult-oriented businesses: any adult arcade, adult bookstore/adult video store/adult novelty store, adult cabaret, adult dance studio, adult hotel/motel, adult motion picture theatre, adult theater, nude modeling studio, adult tanning salon and escort agency.

Adult Bookstore/Adult Video Store/Adult Novelty Store. Any establishment which on a regular and substantial basis, sells or rents, offers for sale or rental, for any form of consideration, any one or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, videocassettes, slides or other visual representations, which are characterized by an emphasis on material depicting, describing or relating to specified sexual activities and/or specified anatomical areas.

2. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, including goods which are replicas of, or which simulate specified anatomical areas or specified sexual activities, and goods which are designed to be placed on or in specified anatomical areas.

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Packet Pg. 1386 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-7 Adult Cabaret. A nightclub, restaurant, or similar business establishment which on a regular and substantial basis:

1. Features live performances which are distinguished or characterized by an emphasis upon the display or description of specified anatomical areas or specified sexual activities; and/or

2. Features persons who appear semi-nude; and/or

3. Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Dance Studio. Any business or commercial establishment that provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on matter involving, depicting, describing or relating to specified sexual activities and/or specified anatomical areas.

Adult Entertainer. Any person who, with or without any compensation or other form of consideration, provides performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities and/or who appear semi-nude.

Adult Hotel/Motel. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which on a regular and substantial basis that

1. Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction, description, or relating to specified sexual activities or specified anatomical areas; and/or

2. Rents, leases, or lets any room for less than a 10-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

Adult Motion Picture Theater. A business establishment where, for any form of consideration, and on a regular and substantial basis shows films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Nude Modeling Studio. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted. “Adult nude modeling studio” does

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Packet Pg. 1387 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.400 ADULT-ORIENTED BUSINESSES
4-8 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 not include schools maintained in compliance with standards set by the State Board of Education, or any classroom of any school licensed under State law to provide art education while classroom is being used in a manner consistent with the State license. “Adult nude modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

Adult-Oriented Business Operator (referred to in this Chapter as “Operator”). A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises of the business.

Adult Tanning Salon. A business where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment where a patron and an employee of the establishment are nude or expose specified anatomical areas. An adult tanning salon shall also include a business establishment where the employees are nude or expose specified anatomical areas for any form of consideration.

Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

Advertise. Public notice or announcement of items or services through the use of newspaper, handbills, radio, television, or other means of public communication.

Applicant. A person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business, or an adult entertainer.

City Manager. The City of San Jacinto’s City Manager or his or her authorized representatives.

Police Chief. The City of San Jacinto’s Police Chief or his or her authorized representatives.

Distinguished or Characterized by an Emphasis Upon. Refers to the dominant or essential theme of the object described by the phrase. For instance, when the phrase refers to performances "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the performances so described are those whose dominant or predominant character and theme are the depiction of the specified sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3 151 (1981).

Employee of an Adult-Oriented Business. A person who works or performs, as an employee or as an independent contractor, in and/or for an adult-oriented business, regardless of whether the person is paid a salary, wage, or other compensation by the business. Employee does not

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Packet Pg. 1388 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-9 include a person exclusively on the premises undertaking repair or maintenance of the premises or equipment including the delivery of goods to the premises.

Escort. Any person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort Agency. A business which furnishes, offers to furnish, or advertises to furnish escorts, who are located on-premises, as one of its primary business purposes, for any form of consideration.

Establishment of an Adult-Oriented Business. Shall mean and include any of the following:

1. The opening or commencement of any adult-oriented business as a new business;

2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business;

3. The addition of any of the adult-oriented business to any other existing adult-oriented business, or to another existing non-adult-oriented business, with or without expansion of the floor area;

4. The relocation of any adult-oriented business; and/ or

5. The substantial enlargement of an existing adult-oriented business. For purposes of this Chapter, “substantial enlargement” means an increase or expansion, over the lifetime of an adult-oriented business, of more than 10 percent or 100 square feet, whichever is less, in the portion of the floor area of the business which is devoted to products, services or entertainment with an emphasis on material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.

Figure Model. Any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

Live Entertainment. The performance, enactment, or execution of an action participated in by one or more persons, including, but not limited to a play, dramatization, pantomime, revue, modeling, burlesque, dance, recital, concert, vocal production, show, or disrobing, with or without music, band, or orchestra accompany.

Notice. Written notice given by personal service upon the addressee, or given by the United States mail, postage paid, addressed to the person to be notified at his or her last known address. Service of notice shall be effective upon the completion of personal service, or upon placing the notice in the custody of the United States Postal Service.

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Packet Pg. 1389 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.400 ADULT-ORIENTED BUSINESSES
4-10 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Nudity or a State of Nudity. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola, or the showing of the covered genitals in a discernable turgid state.

On-Premises/Off-Premises. On-premises means any business where the primary services or entertainment are provided at the location or locations that are the subject of the adult-oriented business permit. Off-premises means any business where the primary services or entertainment are provided at a location or locations other than the site where the subject business is located.

Operate an Adult-Oriented Business. The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.

Operator of an Adult-Oriented Business. The owner, permittee, custodian, manager, operator, or person in charge of any adult-oriented business.

Park. A playground, swimming pool, athletic field, picnic area, or other open space area designated and/or designed for active and/or passive recreational use which is under the control, operation or management of the City or other public or nonprofit agency/entity.

Permittee. The person to whom a permit is issued in compliance with this Chapter.

Person. Any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

Private Viewing Area. An area or areas in an adult-oriented business of less than 150 square feet that is designed or used for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation.

Public Nudity. Nudity that occurs in a business open to the public, whether or not a fee is charged for admission to the business.

Religious Institution. A structure that is used primarily for religious worship and related religious activities, including, but not limited to a church, chapel or similar place of worship.

Residential Use or Zone. Single-family dwelling, duplex, townhouse, multi-family dwelling, or mixed residential/commercial development, and/or property which are zoned primarily for residential use.

School. Any child or day care facility (licensed or unlicensed) or any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained in compliance with standards set by the State Board of Education, or any undergraduate or junior level college. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school,

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Packet Pg. 1390 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-11 undergraduate or junior college, or any special institution of education, including a probation resource center for minors, but it does not include a commercial, vocational or trade institution of higher education, or any graduate level university, or nonprofit research institution.

Semi-Nude. The showing of the male or female genitals or pubic region or the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

Sexual Encounter Establishment. A business or commercial enterprise that offers, for any form of consideration, a place where two or more persons may congregate, associate or consort in connection with specified sexual activities and/or the exposure of specified anatomical areas.

This definition does not include an establishment where a medical practitioner, psychologist or similar professional person licensed by the State engages in sexual therapy.

Sexual Material. Material depicting, describing or relating to specified anatomical areas and/or specified sexual activities.

Sex Supermarket/Sex Mini-Mall. The establishment of more than one-type of adult-oriented business or use within the same single building, or within the same commercial complex or center where each adult-oriented business is not located more than 150 feet from another adultoriented business.

Specified Anatomical Areas. Shall mean less than completely and opaquely covered human genitals, pubic region, buttocks, anus, and female breast below a point immediately above the top of the areola, and/or human male genitals in a discernible turgid state even if completely and opaquely covered.

Specified Sexual Activities. Means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

1. The fondling or other intentional or erotic touching of specified anatomical areas;

2. Sex acts, actual or simulated, including coitus, masturbation, oral/anal copulation, bestiality, flagellation or torture in the context of a sexual relationship;

3. Sexual stimulation, arousal or tumescence of human genitals;

4. Ejaculation of human or animal semen, actual or simulated; or

5. Excretory functions, urination, vaginal or anal irrigation as part of or in connection with any of the other activities described in Subparagraphs 1 through 4 of this definition.

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Packet Pg. 1391 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.400 ADULT-ORIENTED BUSINESSES
4-12 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Transfer of Ownership or Control of an Adult-oriented Business. The sale, lease, or sublease of an adult-oriented business; the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; and/or the establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer or other operation of law upon the death of a person possessing the ownership of control.

17.400.030 — Minimum Proximity Requirements
No adult-oriented business shall be established or located in any zone or planning area in the City other than those zones and planning areas specifically listing adult-oriented businesses as allowed uses. Adult-oriented businesses shall also comply with the distance and other criteria set forth below:

A. No adult-oriented business shall be established or located within 750 feet from any existing residential zone, park, religious institution, or school.

B. No adult-oriented business shall be established or located within 400 feet from any existing adult-oriented business, whether in the City, in an adjoining city or within an unincorporated area. Where two or more adult-oriented business applications are submitted for businesses which could be located in closer proximity to each other, the application which was accepted first in time shall be processed by the City, with any later submitted applications deemed not in compliance with the requirements of this Section until a determination is made by the City on the initial application.

C. No adult-oriented business shall be established or located within 500 feet of any business or establishment licensed by the Alcoholic Beverage Control Board to serve or sell alcoholic beverages.

D. The distances set forth above shall be measured as follows:

1. The distance between any adult-oriented business and any residential zone, park, religious institution, or school shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the primary entrance of the adult-oriented business to the nearest property line of the residential zone, park, religious institution, or school.

2. The distance between any two adult-oriented businesses or between an adultoriented business and a business or establishment licensed by the Alcoholic Beverage Control Board to serve or sell alcoholic beverages shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the primary entrance to the primary entrance of each business.

E. No more than one adult-oriented business is allowed within the same building, or portion of the same building, or within the same commercial/industrial center or

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Packet Pg. 1392 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-13 complex unless each business is separated from another adult-oriented business by more than 400 feet in compliance with Subsection 17.400.030.B., above.

17.400.040 — Compliance with Locational Requirements
No adult-oriented business shall be established or continued, no substantial enlargement of an adult-oriented business shall be undertaken, and no adult entertainers shall perform upon the premises of an adult-oriented business, without first complying with all requirements of this Chapter.

17.400.050 — Compliance with Applicable Standards and Regulations Adult-oriented businesses locating in new structures shall comply with all applicable standards and regulations of this Chapter, and with all standards and regulations pertaining to building location, height and size, architectural review, parking, landscaping, and signs.

17.400.060 — Adult-Oriented Business Development and Performance Standards All adult-oriented businesses shall comply with the following requirements, and the following applicable requirements of this Section shall be deemed conditions of all adult-oriented business permit approvals. Failure to comply with every applicable requirement contained in this Section shall be grounds for revocation of any permit issued in compliance with this Chapter.

A. The establishment of an adult-oriented business shall comply with all applicable City zoning site development standards of the zone, or area in which the adult-oriented business is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the City. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in compliance with the fire and building regulations and standards adopted by the City.

B. An adult-oriented business shall comply with the applicable City permit and inspection procedures.

C. Each adult-oriented business shall have a business entrance separate from any other non-adult-oriented business located in the same building.

D. No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia designed for use in connection with specified sexual activities from any public way or from any location outside the building or area of the establishment. This provision shall apply to any display, decoration, sign, show window or other opening.

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Packet Pg. 1393 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.400 ADULT-ORIENTED BUSINESSES
4-14 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 E. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and all building openings, entries, and windows shall be located, covered, or screened to prevent viewing of the interior from any exterior area.

F. All exterior areas of any adult-oriented business, including building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds and debris.

G. All building entrances to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice shall consist of letters no less than one inch in height and shall be constructed and posted to the satisfaction of the Director. No person under the age of 18 years shall be allowed within the premises at any time. It shall be unlawful for any employee, owner, operator, employee, manager or permittee of an adult-oriented business to allow any person below the age of 18 years upon the premises or within the confines of any adult-oriented business if no alcoholic beverages are served, or under the age of 21 if alcoholic beverages areas are served.

H. Parking shall, at all times, be provided and maintained in compliance with the parking plan approved by the Director.

I. All off-street parking areas and building entries of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of not less than one foot candle of light and a minimum horizontal illumination of not less than one foot candle of light on all parking surfaces and walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adultoriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. Lighting shall, at all times, be maintained in compliance with the lighting plan approved by the Director.

J. The parking areas and entrances/exits for patrons shall be visible from the public rightof-way. This view shall be not be obstructed by landscaping or any fence, wall or other barrier.

K. No exterior sign shall be placed, constructed, erected, altered, repaired, improved, converted or painted, except in compliance with the City's sign ordinance (Chapter

17.335). It shall be the responsibility of the permittee to take down, remove, or alter signs on the premises so as to comply with this Section.

L. The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premise shall not be audible anywhere on any adjacent property or right-of-way, or within any other building or other separate unit within the same building. No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection

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Packet Pg. 1394 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-15 with an adult-oriented business, and the business shall be so conducted that sounds associated with the business are not emitted to any public exterior area.

M. An adult-oriented business shall be open or operating for business only between the hours of 8:00 a.m. and 12:00 a.m. on any particular day. It shall be unlawful and a violation of this Chapter to cause or allow an adult-oriented business to be operated or to remain open for business, or to permit any employee and/or independent contractor to engage in a performance, solicit a performance, make a sale or solicit a sale, provide a service, or solicit a service, between the hours of 12:01 a.m. and 8:00 a.m. of any particular day.

N. An adult-oriented business shall display at all times during business hours the permit issued in compliance with the provisions of this Chapter for an adult-oriented business in a conspicuous place so that the permit may be readily seen by all persons entering the adult-oriented business.

O. No employee, contractor, or other person who works at the adult-oriented business, shall have physical contact with any patron and no patron shall have physical contact with any employee, contractor, or person who works at the adult-oriented business. This Subsection shall only apply to physical contact on the premises of the adult-oriented business.

P. No owner or other person with managerial control over an adult-oriented business shall permit any employee, independent contractor, or any other person on the premises of the adult-oriented business to engage in the exposure of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, the female breast with less than a fully opaque coverage over any part of the nipple or areola, and/or the covering of male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering, simulating the appearance of the specified anatomical part required to be covered.

Q. No adult-oriented business may conduct any massage, acupuncture, body wrapping, tattooing, acupressure or escort services on the premises.

R. Every adult-oriented business shall have a manager on duty on the premises during all times the business is open to the public. At least one manager's station shall be provided within the adult-oriented business for the purpose of monitoring and supervising activities within the business. All indoor areas of the adult-oriented business within which patrons are allowed, or within which viewing is allowed by patrons or the public, except restrooms, shall be open to view by the manager at all times. The view area shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron shall be allowed access to any area of the premises that has been designated as an area in which patrons will not be allowed. If the premises have two or more manager's stations designated, then the interior of the premises shall be configured

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Packet Pg. 1395 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.400 ADULT-ORIENTED BUSINESSES
4-16 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 to allow an unobstructed view of each area of the premises from at least one of the manager's stations.

S. A diagram of the premises shall be provided to the Director specifying the location of one or more manager stations and designating portion of the premises in which patrons will not be allowed. No alteration in the configuration or locating of a manager's stations shall be made without the prior written approval of the Director.

T. The adult-oriented business shall provide and maintain separate rest room facilities for male patrons and male employees, female patrons and female employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities.

Patrons shall be prohibited from using rest rooms designated for employees. The rest rooms shall be free of any adult material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this Subsection shall not apply to an adultoriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, for example, an adult bookstore or adult video store, and which does not provide rest room facilities to its patrons or the general public.

U. An on-site security program shall be prepared, implemented and maintained including the following items:

1. An interior lighting plan to provide illumination of all areas of the adult-oriented business as provided below. The lighting shall be designed and operated to provide the minimum maintained foot-candle levels listed below for specific uses/areas, evenly distributed at ground level:

Use Minimum Area Foot Candles
Arcades 10
Bookstores and other retail
establishments
20 Modeling studios 20
Motels/hotels 20 (in public areas)
Theaters and cabarets 5
(except during performances, at which times
lighting shall be at least 1.25 foot candles)

2. A video camera surveillance system shall be installed, utilized and maintained in good working order in the adult-oriented business to record both the interior building and parking lot area. The system shall provide continuous video coverage and recordation during all business hours. The Police Chief shall

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Packet Pg. 1396 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-17 approve the location of the surveillance camera. Restrooms may not contain video reproduction equipment.

3. Security guards shall be employed to maintain the public peace and safety, based upon the following standards:
a. Adult-oriented businesses, including, but not limited to, adult motion picture theatres, adult video stores, nude modeling studios, adult theaters and adult cabarets, or any adult-oriented business which features entertainment (live or motion picture viewed from booths) whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation by patrons, shall provide at least one guard for every 50 occupants allowed by the City's building code, at all times while the business is open, and in no case shall there be less than two guards. One guard shall be stationed outside during all business hours. For businesses where the maximum building fire capacity is 50 or less, video monitoring of the parking lot may be approved by the Police Chief, subject to the submission and approval of a video security monitoring plan.
b. Security guards for other adult-oriented businesses may be required if the Police Chief determines that their presence is necessary in order to prevent any of the conduct listed in Section 17.400.170 (Suspension, Revocation and Expiration of Permits).
c. Security guards shall be charged with preventing violations of laws and enforcing compliance by patrons of the requirements of these regulations.

Security guards shall be in uniform and readily identifiable as a security guard by the public and shall be duly licensed by the State as security guards. No security guard required in compliance with this Subsection shall act as a door person, ticket seller, ticket taker, admittance person or sole occupant of the manager's station while acting as a security guard.

4. An annual review for adequacy of security will be conducted by the Police Chief to ascertain if there has been an increase in calls for emergency services.

V. No owner of other person with managerial control over an adult-oriented business shall permit any employee, independent contractor, or any other person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the areola.

W. In addition to the above development and performance standards, the following development and performance standards shall apply to any adult-oriented business, (other than adult motel or hotel), with a private viewing area and/or room or booth of

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Packet Pg. 1397 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

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4-18 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 less than 150 square feet of floor area, which exhibits on the premises or features for observation by patrons, motion pictures, film, video, slides or other visual reproduction that depicts specified sexual activities or specified anatomical areas. This Subsection does not apply to an auditorium or seating area of an adult theater.

1. No private viewing area, room or booth may be occupied by more than one person at any one time.

2. All viewing areas, rooms and booths shall remain unobstructed by any doors, walls, furniture or fixtures, merchandise, display racks, or other material at all times.

3. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two viewing rooms or booths. Viewing from one booth into another or physical contact of any kind between the occupants of any two booths or rooms shall not be allowed.

4. Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any video booths, or from remaining in the common area of an adult oriented business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places, in and near the video booths.

5. The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any booths shall be evidence of improper maintenance and inadequate sanitary controls, and repeated instances of these conditions may justify suspension or revocation of the owner and operator's permit to conduct the adult-oriented business.

X. If an adult-oriented business contains an auditorium or theater hall, the auditorium or hall shall comply with each of the following additional provisions:

1. The auditorium or hall shall have individual, separate seats (not couches, benches or the like) to accommodate the maximum number of persons who are allowed to occupy (maximum occupancy) the auditorium or hall;

2. The area shall have a continuous main aisle along the seating area(s) in order that each person seated in the auditorium or hall shall be visible from the aisle at all times; and

3. A sign shall be posted in a conspicuous place at or near each entrance to the auditorium or hall area which lists the maximum occupancy of the auditorium or

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Packet Pg. 1398 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-19 hall, the occupancy of which shall not exceed the number of seats within the auditorium or hall.

Y. Adult-oriented businesses providing live entertainment involving, depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities shall also comply with the following additional standards and provisions:

1. No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons and surrounded with a stationary rail, or at least six feet from the nearest area occupied by patrons and surrounded by a solid barrier, which rail or barrier shall be at least 30 inches in height, establishing the separations between entertainers and patrons. No patron shall be allowed within the area of the stage established by the barrier (10 feet with a rail or six feet with a solid barrier,) while the stage is occupied by an entertainer.

2. The adult-oriented business shall provide separate dressing room facilities for entertainers that are exclusively dedicated to the adult entertainers' use. No patron is allowed access to the dressing room facilities. The dressing room facilities shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.

3. The adult-oriented business shall provide access for adult entertainers between the stage and the dressing rooms which is completely separated from the patrons. If separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

4. The adult-oriented business shall provide an entrance/exit for adult entertainers, which is separate from the entrance/exit used by patrons.

5. While on the premises, no adult entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by the entertainer. Patrons shall not, and shall not be allowed to, directly touch, fondle or caress (as those terms are defined in Kev, Inc. v. Kitsap County (9th Cir., 1986) 793 F.2d 1053) the entertainers while they are performing.

Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier between entertainers and patrons, and if necessary by employees of the establishment. This prohibition does not extend to accidental or incidental touching.

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Packet Pg. 1399 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

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4-20 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

6. No patron shall directly pay or give any gratuity to any adult entertainer and no adult entertainer shall solicit or accept any pay or gratuity from any patron.

Patrons shall not throw payment or tips to entertainers, hand tips directly to entertainers, or place tips in the entertainers' costumes. If patrons wish to pay or tip entertainers, payment or tips shall be placed in receptacles which shall be located at least 10 feet (or six feet, where a solid barrier has been installed) from the stage.

7. No owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the adult-oriented business to engage in the exposure of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the areola.

17.400.070 — Permits Required
A. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect an adult-oriented business permit and an adult use planning permit as required by this Chapter. A separate adult-oriented business permit and adult use planning permit is required for each location in the City at which an adult-oriented business is to be established. The requirements of this Chapter for an adult-oriented business permit are separate and in addition to a Business License required under the Municipal Code.

It shall be unlawful for a person to perform as an adult entertainer at an adult-oriented business in the City unless the person first obtains and continues to maintain in full force and effect an adult entertainer permit from the City.

The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from having to obtain the permit(s) required under this Chapter.

B. All permit applications submitted in compliance with this Chapter, in addition to any other requirements, shall include the following:

1. A signed and notarized authorization and waiver authorizing the Police Chief, the City Police Department, or any law enforcement body or authorized law enforcement contractor to verify all of the information on the application.

2. A statement in writing, signed and dated by the applicant, that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-21

3. If the applicant is an individual, he or she shall sign the documents required above in Subparagraphs 1 and 2. If the applicant is other than an individual, an officer of the business entity or an individual with a 10 percent or greater interest in the business entity shall sign on behalf of the applicant.

C. It shall be unlawful and a misdemeanor, subject to punishment in compliance with Section 17.400.260 (Violations and Penalties), for an owner, operator, manager or employee to operate an adult business without processing the permits required by this Chapter.

17.400.080 — Adult Use Planning Permit- Adult Business Application A. Every person who proposes to establish, maintain, operate or conduct an adult-oriented business in the City shall file an adult use planning permit- adult business application with the City Manager upon a form provided by the Department. The applicant shall attach a copy of the receipt indicating that the requisite fees were paid to the Department. The fees paid shall not be refunded if substantial processing of the application has occurred.

B. Adult use planning permits are nontransferable, except as provided in Section

17.400.150 (Transfer of Adult-Oriented Business Permits).

C. All applications shall include the following information:

1. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, and the permanent address and business address of the applicant.

2. If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

3. If the applicant is a corporation, the corporation shall provide its complete corporate name, the date and state of its incorporation, evidence that the corporation is in good standing under the laws of the State, the names and capacity of all officers and directors, and principal stockholders (with 10 percent or more of all outstanding shares of stock), the name of the registered corporate agent and the address of the registered office for service of process.

4. Location and address of the proposed adult business.

5. Legal description of the subject property.

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Packet Pg. 1401 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.400 ADULT-ORIENTED BUSINESSES
4-22 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

6. A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment.

7. Proposed hours of operation.

8. A site plan.

9. A parking plan providing for adequate contiguous on-site parking for the intended use, and in compliance with the requirements for parking set forth in Section 17.400.060 (Development and Performance Standards) of this Chapter.

The amount of parking shall comply with Section 17.330 (Off-Street Parking and Loading Standards) of this Code.

10. A lighting plan prepared by a licensed lighting engineer and in compliance with the requirements of subsection 17.400.060.I of this Chapter.

11. The name or names of the person or persons having responsibility for the management or supervision of the applicant's business and of any entertainment.

12. Statement of the nature and character of the applicant's business if any, to be carried on in conjunction with the entertainment.

13. A current certificate and straight-line drawing prepared within 30 days prior to application depicting the building and the portion of the building to be occupied by the adult-oriented business, and the surrounding area within a 500-foot radius of the building in a manner that clearly establishes compliance with the minimum proximity standards for adult-oriented businesses set forth in this Chapter.

14. A sketch or diagram showing the floor plan and interior configuration of the premises, including a statement of the total floor area occupied by the adultoriented business. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The floor plan shall identify where the specific entertainment uses are proposed to be conducted within the building.

15. A blueline print showing all four elevations of any proposed structures and signs, and listing proposed exterior building materials. Elevations shall be colored or a materials board shall be submitted. In the case of existing structures where a change of use is proposed and no structural changes or exterior modification are proposed, photographs may be accepted in lieu of elevation drawings if they show a front and rear elevation of the structure. In addition,

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Packet Pg. 1402 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-23 building information shall be submitted to the Building Official to determine appropriate occupancy for the use in compliance with the Building Code.

D. The application shall also include the signed documentation required by Section

17.400.070 (Permits Required), above.

17.400.090 — Adult-Oriented Business Permit Required
A. Every person who proposes to establish, maintain, operate or conduct an adult-oriented business in the City shall file an adult-oriented business permit application with the City Manager upon a form provided by the Department. The applicant shall attach a copy of the receipt indicating that the requisite fees were paid to the Department. The fees paid shall not be refunded if substantial processing of the application has occurred.

B. Adult-oriented business permits are nontransferable, except as provided in Section

17.400.150 (Transfer of Adult-Oriented Business Permits).

C. All applications shall include the following information:

1. A detailed description of the type of adult-oriented business for which the permit is requested, including reference to definitions in this Chapter, and the proposed address where the adult-oriented business will operate, plus the names and addresses of the owners and lessors of the adult-oriented business site. In the event the applicant is not the legal owner of the property; the application shall be accompanied by a notarized acknowledgement from the owner of the property that an adult-oriented business will be operated on his or her property and that the property owner has a "rental" Business License.

2. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.

3. If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

4. If the applicant is a corporation, the corporation shall provide its complete corporate name, the date and state of its incorporation, evidence that the corporation is in good standing under the laws of the State, the names and capacity of all officers and directors, and principal stockholders (with 10 percent or more of all outstanding shares of stock), the name of the registered corporate agent and the address of the registered office for service of process.

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Packet Pg. 1403 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.400 ADULT-ORIENTED BUSINESSES
4-24 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10 percent or greater interest in the business entity shall sign the application.

E. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

F. The application shall include the following information about each and every officer, director, partner, employee of the adult-oriented business, any independent contractor and any other person who will work at the adult-oriented business:

1. Name, current residential address, telephone number.

2. Date of birth.

3. Social security number and any State or Federally issued tax identification number.

4. Height, weight, color of hair and eyes.

5. Driver's license number.

6. Stage name (if applicable) and other aliases used within the previous two years.

7. Two recent photographs, passport-quality.

8. Fingerprints for purposes of identification at the discretion of the Police Chief.

9. Complete employment history for the past 10 years.

10. Disclosure of whether, within three years immediately preceding the date of the filing of the application for permit, the person has been convicted, pleaded guilty or pleaded nolo contendere of a misdemeanor or felony which is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring the registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4,261,261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 3111.10, inclusive, 314, 316, or 647, or equivalent offenses outside the State, and the date and places of the convictions.

G. The application shall also list whether, preceding the date of application, the applicant or any officer, director, partner, employee, independent contractor, and other persons who will work at the adult-oriented business has:

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Packet Pg. 1404 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-25

1. Had a previous permit under this Chapter disapproved, revoked, or suspended, and the date of disapproval, revocation, or suspension;

2. Been a partner in partnership or an officer, director or principal stockholder of a corporation whose permit under this Chapter has been disapproved, revoked, or suspended as and the date of disapproval, revocation, or suspension;

3. Had an adult-oriented business permit, in compliance with the regulations of another city or county which was disapproved, suspended, or revoked, and if so, the name and location of the adult-oriented business and the date of disapproval, suspension or revocation; or

4. Currently holds, or is a partner in a partnership or an officer, director or principal stockholder of a corporation that currently holds, other permits issued in compliance with this Chapter, or other adult-oriented business permits/licenses issued from another city or county, and if so, the names and addresses of the adult-oriented businesses, and the permitting jurisdiction.

H. The application shall also include the signed documentation required by Section

17.400.070 (Permits Required), above.

17.400.100 — Adult Entertainer Permit Required
A. Every person who intends to perform as an adult entertainer shall file an application with the City Manager upon a form provided by the Department. The applicant shall attach a copy of the receipt indicating the requisite fees were paid to the Department.

The fees shall not be refunded.

B. The applicant shall provide the following information with the application:

1. Name, current resident address, telephone number.

2. Date of birth.

3. Social security number.

4. Height, weight, color of hair and eyes.

5. Driver's license number.

6. Stage name (if applicable) and other aliases used within the previous two years.

7. Two recent photographs, passport-quality.

8. Fingerprints for purposes of identification at the discretion of the Police Chief.

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Packet Pg. 1405 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

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4-26 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

9. Complete employment history for the past 10 years.

10. Disclosure of whether, within three years immediately preceding the date of the filing of the application, the applicant has been convicted, pleaded guilty or pleaded nolo contendere of a misdemeanor or felony which is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring the registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4,261,261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 3111.10, inclusive, 314, 316, or 647, or equivalent offenses outside the State, and the date and places of the convictions.

11. Name and location of business at which the applicant will perform or appear.

12. The application shall also include the signed documentation required by Section

17.400.070 (Permits Required), above.

17.400.110 — Applications
A. The City Manager shall be responsible for the granting, disapproving, revoking, renewing, suspending, and canceling adult use planning permits and adult-oriented business permits for proposed or existing businesses, and adult entertainer permits. The City Manager shall also be responsible for ascertaining whether a proposed adultoriented business for which a permit is being considered complies with all applicable zoning laws and/or regulations. In connection with these reviews, if the City Manager determines that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the City Manager shall, within 10 business days of receipt of the original application, notify the applicant and on the request of the applicant, grant the applicant an extension of time of 10 business days or less to complete the application properly. The applicant may also request that the application be placed on hold so the applicant can resubmit it at a later date without being disapproved. The time period for granting or disapproving a permit shall be stayed during the period in which the applicant is granted an extension of time or the application is placed on hold.

B. By applying for a permit under this Chapter, the applicant shall be deemed to have consented to the provisions of this Chapter, and to the exercise of authority by the City Manager, the Director, the Police Chief and all other City employees and agencies charged with enforcing the laws, ordinances, and codes applicable in the City of their respective responsibilities.

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Packet Pg. 1406 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-27 C. The applicant shall provide a notice address, which shall be the address to which notice of action on the application is to be mailed. The applicant shall also provide the name, address and phone number of the person who is responsible for providing access to the proposed site for inspection purposes.

D. The applicant for a permit under this Chapter or a permittee shall have a continuing duty to promptly supplement any information required by this Chapter in the event information changes in any way from what was stated in previous submittals. The failure to comply within 20 business days from the date the changes occur, by supplementing the application on file with the City Manager shall be grounds for suspension or revocation of a permit.

E. Submission of the materials required for an adult use planning permit or an adultoriented business permit shall not preclude the need for the applicant to obtain other standard approvals from the City in compliance with the standards of this Development Code. Appropriate land use entitlements include, but are not limited to, administrative site plans and design review entitlements, and building and other permits as required.

The provision of the 20-business day application process shall not apply to any other required application process.

F. Despite the fact that an application filed under this Chapter may be a "public record" under Government Code Section 6250 et seq., certain portions of the application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established in this Chapter which is personal, private, confidential or the disclosure of which could expose the applicant to a risk of harm. Confidential information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security Number, and/or other personal information including financial data. The Council in adopting the application and permit system set forth in this Chapter has determined in compliance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this Chapter by ensuring that the applicant's privacy, confidentiality or security interests are protected. The City Clerk shall cause to be redacted from any copy of a completed permit application made available to any member of the public, the information set forth above.

17.400.120 — Investigation and Action on Application
A. Upon receipt of a completed application required by this Chapter and payment of the requisite application and permit fees, the City Manager shall immediately stamp the date on which the application was received and promptly investigate the information contained in the application to determine whether the applicant shall be issued a permit.

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4-28 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 B. Upon receipt of an application, the City Manager shall immediately send photocopies of the application to the Director, Police Chief, Fire Department, and any other City or County agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the application and proposed adult-oriented business in compliance with its responsibilities under law and identified in this Chapter. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application whether the adult-oriented business will be in violation of any provision of any statue, code, ordinance, regulation or other law in effect in the City, state reasons for approval or disapproval of the permit as appropriate, sign it, and immediately return the photocopy to the City Manager.

C. Within 20 business days of receipt of the completed application, the City Manager shall complete the investigation, grant or disapprove the application in compliance with the provisions of this Section, and so notify the applicant as follows:

1. The City Manager shall write or stamp "Granted" or "Disapproved" on the application and date and sign the application.

2. The City Manager shall grant the application and issue the permit, unless the application is denied for one or more of the reasons set forth below in Section

17.400.130 (Permit Disapproval).

3. If the application is granted, the City Manager shall attach the requested permit to the application.

4. If the application is disapproved, the City Manager shall attach to the application a statement of the reasons for disapproval. The City's decision to grant or disapprove the permit shall not include information authorized or required to be kept confidential in compliance with Welfare and Institutions Code Sections 600 to 900.

5. A copy of the application as granted or disapproved and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the notice address that was stated in the application.

6. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, and the expiration date. The permit shall also indicate that the permit is subject to prohibitions against public nudity and indecency in compliance with the United States Supreme Court decision in Barnes v. Glen Theater, Inc. (1991) 501 U.S. 560 and any applicable local, State or Federal law.

7. Upon written request of the applicant, an extension of time of no more than 20 business days may be added to the above time period for the City Manager to act on an application.

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Packet Pg. 1408 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-29 D. The City Manager shall provide each adult entertainer that is issued a permit in compliance with this Chapter, an identification card containing the name, address, photograph and permit number of the entertainer. An adult entertainer shall have the identification card available for inspection at all times during which the adult entertainer is on the premises of the adult-oriented business.

E. If the City Manager neither grants nor disapproves the completed application within 20 business days after it is stamped as received, the applicant may begin operating the adult-oriented business or perform as an adult entertainer for which the permit was sought, subject to strict compliance with the requirements of this Chapter.

F. Any decision by the City Manager to issue or disapprove an application under this Chapter may be appealed in compliance with Section 17.400.180 (Appeal of Disapproval, Suspension or Revocation).

17.400.130 — Permit Disapproval
A. The City Manager shall disapprove an application for any of the following applicable reasons:

1. The building, structure, equipment and/or location to be used by the business for which the permit is required, does not, or cannot, be corrected to comply with the locational requirements set forth in this Chapter and the applicable zoning, land use, development, health, fire, building and safety laws of the City and State.

2. The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit required by this Chapter or in any report or record required to be filed in connection with the application.

3. The applicant is under 18 years of age.

4. The required permit application fee and Business License fee and tax fee have not been paid.

5. The applicant failed to submit a complete application after being notified by the City Manager that the application was incomplete.

6. The applicant or the applicant's adult-oriented business is in violation of, or is not in compliance with, provisions of this Chapter related to establishment and maintenance of an adult-oriented business.

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7. That on or after the date that the business for which a permit is required by this Chapter commences, there will be no responsible person on the premises to act as manager at all times during which the adult business is open.

8. Within three years immediately preceding the date of the filing of the application for permit under this Chapter, the applicant, manager, partner, agent, director, officer, stockholder, or employee has been convicted of a misdemeanor or felony which is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring the registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4,261,261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 3111.10, inclusive, 314, 316, or 647, or equivalent offenses outside the State. The fact that a conviction is being appealed will have no effect on disqualification of the applicant.

9. The applicant, manager, partner, agent, director, officer, stockholder, or employee has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of an adult-oriented business prior to the filing of the application. The fact that a conviction is being appealed will have no effect on disqualification of the application.

10. The applicant, manager, partner, agent, director, officer, or stockholder has had any type of adult-oriented business permit suspended or revoked by any city, county or state within two years immediately preceding the date of application, because of failure to comply with regulations, standards or conditions of the regulatory agency.

11. The granting of the permit would violate a statute, ordinance, or court order.

12. The applicant is overdue in payment to the City of any taxes, fees, fines or penalties assessed against or imposed in relation to an existing or former adultoriented business.

B. An adult use planning permit shall be disapproved if a concurrent application for an adult-oriented business permit is disapproved. An application for an adult-oriented business permit shall be disapproved if a concurrent application for an adult use planning permit is disapproved.

C. If the application is disapproved and all appeal rights have been exhausted, the applicant shall be ineligible to apply for any adult-oriented business permit in the City for a minimum of two years from the date the application was disapproved. If, subsequent to disapproval, the City Manager finds the basis for disapproval of the

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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-31 permit has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date the disapproval became final.

D. After any final disapproval of a permit under this Chapter, the applicant may seek prompt judicial review of the decision in a court of competent jurisdiction as provided by law, in compliance with California Code of Civil Procedure Section 1094.5 et seq., and in compliance with the expedited judicial review set forth in California Code of Civil Procedure Section 1094.8.

17.400.140 — Permit Renewals; Expiration
A. Adult-oriented business and adult entertainer permits issued in compliance with this Chapter shall be valid for 12 months from the date of issuance, unless earlier revoked or suspended. The permits shall be renewed on an annual basis by submitting an application for renewal of the permit together with the requisite fee established in compliance with Section 17.400.250 (Fees), below, at least 20 business days prior to the expiration of the existing permit. The renewal application shall include all the same information as would be required for a new application by this Chapter. Renewals shall be acted on as provided for new applications and shall be contingent upon satisfactory compliance with all applicable provisions of this Chapter, including maintenance of a Business License. When a renewal application is made less than 20 business days before the expiration date of a permit, the expiration of the permit shall not be stayed.

B. Any adult use planning permit approved in compliance with this Chapter shall become null and void if not exercised within 12 months from the date of the approval. If an adult-oriented business ceases to operate for a period of six months, the adult use planning permit shall become null and void. A permit extension may be granted if prior to the expiration date the permittee demonstrates to the satisfaction of the City Manager that it has a good faith intent to presently commence the proposed use. Extensions of an adult use planning permit shall not exceed a total of two six-month extensions.

17.400.150 — Transfer of Adult-Oriented Business Permits A. A permittee shall not operate an adult-oriented business under the authority of an adultoriented business permit and/or an adult use planning permit at any place other than the address of the adult-oriented business stated in the application for which the permit was granted.

B. A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business permit or an adult use planning permit to another person unless and until the transferee obtains an amendment to the permits from the City Manager stating that the transferee is now the permittee. The amendment may be obtained only if the transferee files an application with the City Manager in compliance with Sections 17.400.080 (Adult Use Planning Permit- Adult Business Application),

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17.400.090 (Adult-Oriented Business Permit Required) and 17.400.110 (Applications), accompanies the application with a copy of a receipt indicating the requisite fees were paid to the Department, and the City Manager determines, in compliance with Section

17.200.120 (Investigation and Action on Application) that the transferee would be entitled to the issuance of an original permit.

C. No permit may be transferred when the City Manager has notified the permittee that the permit has been or may be suspended or revoked.

D. Adult entertainer permits shall be non-transferable.

E. Any attempt to transfer a permit, either directly or indirectly, would be in violation of this Section and would be hereby declared void, and the permit shall be deemed immediately revoked.

17.400.160 — Registration of New Employees
A. As a further condition of approval of every adult-oriented business permit issued in compliance with this Chapter, every owner or operator shall register every new employee, officer, director, partner, independent contractor and any other person who works or will work at the adult-oriented business with the City Manager within five business days of the commencement of the person's period of employment at the adultoriented business. For each person registered, the permittee shall submit to the City Manager a copy of a receipt indicating the requisite fees for the adult business permit were paid to the Department.

B. As part of the registration process, the following information about each new employee, officer, director, partner, independent contractor and any other person who works or will work at the adult-oriented business shall be provided to the City Manager on a form provided by the Department:

1. Name, current resident address, telephone number.

2. Date of birth.

3. Social Security number or any State or Federally issued tax identification number.

4. Height, weight, color of eyes and hair.

5. Driver's license number.

6. Stage name (if applicable) and other aliases used within the previous two years.

7. Two recent photographs, passport-quality.

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8. Fingerprints for purposes of identification at the discretion of the Police Chief.

9. Complete employment history for the past 10 years.

10. Disclosure of whether, within three years immediately preceding the date of the filing of the application for the permit, the person has been convicted, pleaded guilty or pleaded nolo contendere of a misdemeanor or felony which is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring the registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4,261,261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 3111.10, inclusive, 314, 316, or 647, or equivalent offenses outside the State, and the date and places of the convictions.

C. Each owner or operator of an adult-oriented business shall maintain a current register of the names of all employees currently employed by the adult-oriented business, and shall disclose the register for inspection by any Police Officer for purposes of determining compliance with the requirements of this Section.

D. Failure to register each new employee within five business days of the commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the adult-oriented business permit and may be considered grounds for suspension or revocation of the permit.

17.400.170 — Suspension or Revocation of Permits
A. A permittee may be subject to suspension or revocation of a permit granted under this Chapter, or be subject to other appropriate remedial action, including the imposition of additional conditions, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, operator, or manager of an adult-oriented business:

1. The permittee, employee, agent, partner, director, stockholder, operator, or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.

2. The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to disclose the conviction of an act for which disapproval of a permit would have been required in compliance with this Chapter.

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3. The permittee, employee, agent, partner, director, stockholder, operator, or manager refused to allow an inspection of the premises of the adult-oriented business as authorized by this Chapter.

4. The permittee, employee, agent, partner, director, stockholder, operator, or manager operated the adult-oriented business in violation of the hours of operation contained in this Chapter.

5. The permittee, employee, agent, partner, director, stockholder, operator, or manager operated the adult-oriented business in violation of a Federal, State, or local building, fire, health, or zoning statute, code, ordinance or regulation, applicable in the City, based on the investigation by the City or other agency responsible for the enforcement of the applicable rules or laws.

6. The permittee, employee, agent, partner, director, stockholder, operator, or manager of an adult-oriented business has knowingly participated or allowed and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.
c. Any conduct constituting a criminal offense, which requires registration under Section 290 of the California Penal Code.
d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code. e. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4. f. Any other conduct prohibited by this Chapter or any code or law effective in the City.
g. Gambling by any persons on the premises.
h. The possession, use or sale of controlled substances on the premises.

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7. The permittee, employee, agent, partner, director, stockholder, operator, or manager failed to abide by any action previously imposed by an appropriate officer of the City or other agency responsible for the enforcement of this Chapter and other County and State codes and laws.

B. On determining that grounds for permit revocation exist, the City Manager shall furnish written notice of the proposed suspension or revocation to the permittee. The notice shall set forth the time and place of a hearing by the City Manager, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support of permit suspension or revocation. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 business days prior to the hearing date. Hearings shall be conducted in compliance with procedures established by the City, but at a minimum shall include the following:

1. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; and may be represented by counsel.

2. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

3. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness.

C. After holding the hearing in compliance with the provisions of this Section, if the City Manager, finds and determines that there are grounds for action, the City Manager shall impose one of the following:

1. A warning.

2. Suspension of the permit for a specified period not to exceed six months.

3. Revocation of the permit.

D. The City Manager’s decision may be appealed in compliance with Section 17.400.180 (Appeal of Disapproval, Suspension or Revocation).

E. If any decision of the City Manager to revoke a permit is upheld after the permittee has exhausted the permitee’s appeal rights, the permittee shall cease conducting business in the City. A revoked permit shall not be renewed and no other permit shall be issued to the same permittee or his or her successors-in-interest within 12 months of the date revocation became effective.

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Packet Pg. 1415 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

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17.400.180 — Appeal of Disapproval, Suspension or Revocation A. After disapproval of an application for a permit submitted in compliance with this Chapter, or after disapproval of renewal of a permit, or suspension or revocation of a permit, the applicant or permittee may appeal the administrative action in compliance with the provisions of this Section.

B. An appeal of a disapproval, suspension or revocation shall be submitted to and received by the City Clerk within 10 business days of the date of the decision. The appeal shall be in writing on forms provided by the City together with an appeal fee established in compliance with Section 17.400.250 (Fees), below. All appeals shall set forth the appellant's reason for asserting the action was in error, or in violation of this Development Code, or other applicable law. Any action appealed shall be suspended until action has been taken on the appeal.

C. When a timely appeal is filed, the City Manager shall appoint a hearing officer or body to conduct a hearing on the matter. The hearing officer may be a person or body designated by the City Manager to perform all or a portion of his or her duties, or may be another official or body from another city or agency, or other person qualified to conduct a review of the matter. Appointment may be done in consultation with the appellant. The hearing for an appeal of a permit disapproval or disapproval of a renewal of a permit shall take place within 10 business days of the receipt of the appeal; the hearing for an appeal for suspension or revocation of a permit shall take place within 20 business days of the date of the receipt of the appeal. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness.

D. The hearing officer or body from another jurisdiction shall render a written decision on the matter within five business days of the close of the hearing on the appeal.

E. All decisions made by the appointed hearing officer regarding the permit disapproval, disapproval of renewal, suspension or revocation of a permit, shall be final. If the permit disapproval, disapproval of renewal, suspension or revocation of a permit is affirmed on review by the appointed hearing officer, the applicant or permittee may seek prompt judicial review of the administrative action in a court of competent jurisdiction as provided by law, in compliance with California Code of Civil Procedure Section 1094.5 et seq. The City shall make all reasonable efforts to expedite judicial review in compliance with Code of Civil Procedure Section 1094.8. Any action under judicial review shall be suspended pending final administrative determination.

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17.400.190 — Register of Adult Entertainers
Every permittee of an adult-oriented business which has adult entertainers or provides live entertainment depicting specified anatomical areas or involving specified sexual activities shall maintain a register of all persons so performing on the premises and copies of the adult entertainment permits required by this Chapter. The register shall be available for inspection during regular business hours by any representative of the City Manager, Police Chief, Department or other City Department.

17.400.200 — Display of Permit
Every adult-oriented business shall display at all times during business hours the permits issued in compliance with the provisions of this Chapter for the adult-oriented business in a conspicuous place so that the permits may be readily seen by all persons entering the adultoriented business.

17.400.210 — Employment of and Services Rendered to Persons under the age of 18 Years Prohibited
A. It shall be unlawful for any permittee, operator, or other person in charge of any adultoriented business to employ, or provide any service for which a permit is required to any person who is not at least 18 years of age.

B. It shall be unlawful for any permittee, operator or other person in charge of any adultoriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least 18 years of age, or allow the purchase of goods at an adultoriented business by a person who is not at least 18 years of age.

C. Signs shall be conspicuously posted on all entrances restricting entrance of minors.

D. The interior of the premises shall not be visible to a minor.

17.400.220 — Reservation of Right to Review Adult Use Planning Permit - Changed Conditions
Any adult use planning permit granted or approved in compliance with this Chapter shall be granted or approved with the City reserving the right and jurisdiction to review and modify the adult use planning permit - including the conditions of approval - based on changed circumstances. Changed circumstances include, but are not limited to, modification of the business, change in scope, emphasis, size or nature of the business, and expansion, alteration, of change of use. The reservation of the right to review an adult use planning permit granted or approved under this Chapter is in addition to, and not in lieu of, the right of the City to review and revoke or modify any permit granted or approved in compliance with this Chapter for any violations of the conditions imposed on the permit.

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17.400.230 — Inspection
An applicant or permittee shall permit the City Manager, Police Chief and representatives of the Department, the Fire Agency, or other City departments or County agencies to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses, at any time it is occupied or opened for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this Section if he or she refuses to permit a lawful inspection of the premises at any time it is occupied or open for business.

Inspections shall be conducted in a reasonable manner.

17.400.240 — Regulations Nonexclusive
The provisions of this Chapter are not intended to be exclusive and compliance with this Chapter shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the Council.

17.400.250 — Fees
The Council shall establish by resolution, and from time to time may amend, the fees for administration of this Chapter. If additional fees are required for further investigation of an applicant, the permit shall not be issued until the additional fees are paid to the Department.

Fees required by this Chapter shall be in addition to any fees required by other City code or ordinance.

17.400.260 — Violations and Penalties
A. It shall be unlawful for any person to operate an adult-oriented business or perform as an adult entertainer at an adult-oriented business in the City without a valid permit(s) issued by the City Manager in compliance with this Chapter.

B. Violation of any of the provisions of Subsection A, above shall constitute a misdemeanor. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this Chapter is committed, continued, or allowed by that person. Despite the foregoing, the City Attorney may elect to prosecute violations of any provision of this Chapter as an infraction.

C. Violation of any requirement of this Chapter applicable to an adult-oriented business permit or adult entertainer permit issued in compliance with this Chapter shall constitute grounds for revocation of the permit. A permittee shall be responsible for the conduct of all employees, independent contractors, or other persons who work at the permittee’s adult-oriented business, and a permit may be subject to revocation for any violations of this Chapter arising from the acts or omissions by employees, independent contractors, or other persons who work at the adult-oriented business.

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17.400.270 — Enforcement
Even though other provisions of this Development Code assign enforcement responsibility to the Director, the Police Chief is responsible for enforcing the provisions of this Chapter.

17.400.280 — Prohibited Uses
Despite any provision in this Chapter to the contrary, sex supermarkets, sex mini-malls, and sexual encounter establishments, as defined in Section 17.400.020 (Definitions), are prohibited in the City.

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Packet Pg. 1419 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.405 ACCESSORY STRUCTURES AND USES
4-40 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.405 — Accessory Structures and Uses
Sections:

17.405.010 – Accessory Amusement Devices

17.405.020 – Accessory Retail and Service Uses

17.405.030 – Accessory Structures - Noncommercial Agricultural

17.405.040 – Accessory Structures - Nonresidential

17.405.050 – Accessory Structures - Residential

17.405.060 – Accessory Dwelling Units

17.405.010 — Accessory Amusement Devices
This Section provides standards for amusement devices that are accessory to primary commercial uses, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). These requirements do not apply to adult-oriented businesses (see Chapter 17.400 – Adult-Oriented Businesses).

A. Number of devices. Up to five amusement devices may be allowed as an accessory use to a primary commercial use. For regulations of arcades (six or more amusement devices), see Section 17.425.070 (Arcades).

B. Pool/billiard tables. One pool/billiard table may be allowed as an accessory use to a primary commercial use. For poolrooms and billiard halls as primary uses, see Municipal Code Chapter 5.36 (Poolrooms and Billiard Halls).

C. Combination of pool/billiard table and other amusement devices. A maximum of one pool/billiard table and one amusement device shall be allowed as an accessory use to a primary commercial use.

D. Uses requiring a permit. All other numbers of, or combinations of, accessory amusement devices shall be considered to be indoor commercial recreation facilities or arcades and shall require the approval of a Conditional Use Permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits).

17.405.020 — Accessory Retail and Service Uses
This Section provides standards for retail and service uses that are accessory to a primary commercial, industrial, or institutional use (e.g., hotel gift shops, hospital pharmacies, company restaurants, etc.)
A. External evidence of use prohibited. There shall be no external evidence of any commercial activity other than the primary use of the site (e.g., no signs, windows with

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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-41 merchandise visible from adjoining streets, etc.). Access to any space used for the accessory retail or service use shall be from within the primary structure.

17.405.030 — Accessory Structures - Noncommercial Agricultural This Section provides standards for accessory structures for noncommercial agricultural uses, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

A. Timing of installation. A noncommercial agricultural accessory structure may only be constructed concurrent with or after the construction of an approved primary structure on the same site, unless:

1. The site is two acres or larger, and the proposed structure is a barn, or other structure used for confining animals and/or housing farm equipment or supplies, or is a greenhouse; or

2. Construction in advance of a primary structure is authorized through Minor Use Permit approval in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits).

B. Zone development standards. A noncommercial agricultural accessory structure shall comply with the standards in Table 2-3 (Development Standards for RE, RR, and RL Zones) that apply to the primary structure (e.g., height, setbacks, site coverage, etc.), except where Section 17.425.050 (Animal Keeping) establishes a greater setback requirement for an animal-keeping structure.

17.405.040 — Accessory Structures - Nonresidential
This Section provides standards for structures and uses that are accessory to primary nonresidential uses, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Nonresidential accessory structures and uses shall:

A. Relationship to primary use. Be incidental to the primary structure or use; shall be intended to serve occupants and patrons of the primary structure or use; and shall not alter the character of the site or use.

B. Construction and design criteria. Comply with the California Building Code and shall be architecturally compatible with the primary structure in terms of design, color and materials, as determined by the Director.

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Packet Pg. 1421 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.405 ACCESSORY STRUCTURES AND USES
4-42 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.405.050 — Accessory Structures - Residential
This Section provides standards for accessory structures that are customarily related to a residence in residential zones. These requirements do not apply to accessory structures and uses identified as exempt in compliance with Section 17.205.040 (Exemptions from Permit Requirements); used for animal keeping purposes (see Section 17.425.050 – Animal Keeping); or used for living purposes (see Section 17.405.060 – Accessory Dwelling Units).

A. Limitation on number. Up to two accessory structures shall be allowed on a parcel in addition to a detached garage, except in the RR (Residential Rural) and RE (Residential Estate) zones which have no limit.

AB. Relationship to primary use. An accessory structure shall be incidental to the primary residential use of the site and shall not alter the character of the primary site or use.

BC. Timing of installation. An accessory structure may only be constructed concurrent with or after the construction of the primary structure on the same site.

CD. Attached accessory structures.

1. Determination of attachment. An accessory structure that is attached to a primary structure shall be compatible with, and made structurally a part of, the primary structure.

2. Zone development standards. An attached accessory structure shall comply with the standards in Table 2-3 (Development Standards for Residential Zones) that apply to the primary structure (e.g., height, setbacks, structure coverage, etc.).

3. Construction and design criteria. An attached accessory structure shall comply with the California Building Code and shall be architecturally compatible with the primary structure in terms of design, color and materials, as determined by the Director.

DE. Detached accessory structures.

1. Site coverage limit. The sum of the floor area(s) of the total number of detached accessory structures shall not exceed 50 percent of the required rear setback area of the parcel. Accessory structures shall be included in the calculation for the maximum parcel coverage of the entire site.

2. Construction and design criteria. Detached accessory structures shall comply with the California Building Code and shall be architecturally compatible with the primary structure in terms of design, color and materials, as determined by the Director.

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Packet Pg. 1422 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ACCESSORY STRUCTURES AND USES 17.405
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-43

3. Height limit. Detached accessory structures shall not exceed a height of 15 feet, except detached tool sheds, playhouses, recreation equipment, and similar facilities located within a required side setback or within five feet of a rear property line, which shall not exceed a height of seven feet from finished grade.

The finished grade shall not be artificially altered to allow for a higher detached accessory structure.

4. Location. Detached accessory structures shall not be located in front of the primary residence. Detached accessory structures on a corner lot shall not project beyond the front setback line required on the key lot in the rear and shall not be located closer than four feet to the side lot line of the key lot: provided, however, that the accessory structure shall not be located less than 25 feet from the side street line of a corner or reversed corner lot.

5. Separation distance. Detached accessory structures on a single parcel shall be separated from the primary structure and other accessory structures by at least five feet, or more if required by the Building Code.

6. Setbacks. Setbacks shall be as required by Table 4-1 (Required Setbacks – Accessory Residential Structures and Uses). Projections into required setback areas shall comply with Section 17.305.120 (Setback Regulations and Exceptions).

Accessory structures located less than five feet from the primary structure shall meet the minimum setback requirement of the primary structure in that zone.

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Packet Pg. 1423 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.405 ACCESSORY STRUCTURES AND USES
4-44 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 4-1
Required Setbacks – Accessory Residential Structures and Uses Type of Detached Accessory
Structure/Use Type of Setback(1)
Required Setback
Single-Family and Duplex
Dwellings Multi-Family Dwellings
Air conditioning equipment,
pool and spa equipment
Front Same as primary structure Same as primary structure Side, Rear 5 feet (4) 5 feet
Street side Same as primary structure Same as primary structure Garage, carport, portable covers,
canopies, or shelters
(permanent/temporary) of any
type
Front 20 feet (5) 20 feet (2) (5)
Side 5 feet (3) (4) Same as primary structure
Street side
10 feet; or
20 feet if entrance faces public
right-of-way
10 feet; or
20 feet if entrance faces
public right-of-way
Rear 5 feet; or 20 feet if entrance
faces right-of-way
Same as primary structure
Flagpole
Front 5 feet (4) 5 feet (4)
Side None None
Street side 5 feet (4) 5 feet (4)
Rear None None
Accessory Dwelling Unit
Front Same as primary structure Same as primary structure Side 4 feet 4 feet
Street side Same as primary structure Same as primary structure Rear 4 feet 4 feet
All other accessory structures,
including decks, platforms,
stationary compost bin, fire pit,
gazebo, greenhouse, landscape
ponds, outdoor play equipment,
patio cover, recreational court,
spa, stationary barbeque,
storage shed, swimming pool,
treehouse, workshop.

Front Same as primary structure Same as primary structure Side 5 feet Same as primary structure
Street side Same as primary structure Same as primary structure (3)
Rear
10 feet-RE and RR zones
5 feet-All other residential
zones
Same as primary structure
Retaining walls See Chapter 17.315 (Fences, Walls, and Hedges).

Notes:
(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, the Director shall establish required setbacks in compliance with Section 17.305.120 (Setback Regulations and Exceptions). (2) The front setback for side-entry garages shall be 15 feet. (3) Garages and carports in multi-family projects shall not directly face an abutting public street. (4) Accessory structures may be allowed within one required side setback only, provided that there is a three-foot wide walkway continuously maintained between the front and rear yards that is open and unobstructed from the ground upward.
(5) Attached garages for residences located in the Alessandro, Heritage, and Ramona neighborhoods shall be set back a minimum of five feet from the front plane of each residential structure. (6) Review Appendix 1 of the Landscape Design Guidelines for possible greater setback requirements on certain streets. (Ord 19-22, Adopted December 17, 2019)

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Packet Pg. 1424 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ACCESSORY STRUCTURES AND USES 17.405
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-45 F. Standards for specific residential accessory structures and uses. The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of Subsections A through E, above.

1. Antennas. Antennas shall comply with the requirements of Section 17.425.290 (Satellite/Dish Antenna and Amateur Radio Antennas).

2. Greenhouses. Greenhouses shall comply with the following limitations:
a. A maximum of 400 square feet in size in the RL (Residential, Low Density) and RM (Residential, Medium Density) zones.
b. A maximum of 1,000 square feet in size or five percent of the parcel area, whichever is smaller, in the RR (Residential Rural) or RE (Residential Estate) zones.
c. Not allowed in the RH (Residential, High Density) or RVH (Residential, Very High Density) zones.

3. Swimming pools. Residential swimming pools shall comply with the following:
a. Pool fencing shall comply with Chapter 17.315 (Fences, Walls, and Screening); and
b. Pool lighting shall be directed downward and shall only illuminate the pool and immediate seating area(s) in compliance with Section 17.300.080 (Outdoor Light and Glare).

4. Tennis and other recreational courts. Residential outdoor tennis courts and other recreational courts (e.g., basketball, racquetball, etc.) shall comply with the following:
a. Court fencing shall comply with Chapter 17.315 (Fences, Walls, and Screening); and
b. Court lighting shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward and shall only illuminate the court and not adjacent property in compliance with Section 17.300.080 (Outdoor Light and Glare).

5. Workshops or studios.
a. Use of an accessory structure as a workshop or studio shall be limited to noncommercial hobbies or amusements; maintenance of the primary structure or the site; artistic endeavors (e.g., music, painting, photography, sculpture, writing, etc.); or other similar purposes.

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Packet Pg. 1425 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.405 ACCESSORY STRUCTURES AND USES
4-46 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 b. Use of an accessory workshop for commercial activity may be allowed in the RE (Residential Estate) zone in compliance with Section 17.425.140150 (Cottage Businesses).
c. Workshops or studios shall not be used in connection with home occupations in compliance with Chapter 17.615 (Home Occupations).

17.405.060 — Accessory Dwelling Units
This Section establishes standards for residential Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU), where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

A. Single-Family Residential Zones:

1. JADU: One (1) JADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residence.

2. Attached ADU: One (1) Attached ADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residence.

3. Detached ADU: One (1) Detached ADU shall be permitted on a single-family residentially zoned property incidental to an existing or proposed single-family residence.

B. Multi-Family Residential Zones.

1. Attached ADUs: Existing or proposed multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, may be converted to an ADU.

The maximum number of ADU units shall not exceed 25% of the existing dwelling units, or at least one (1) Attached ADU.

2. Detached ADUs: No more than two (2) accessory dwelling units shall be permitted per lot developed with existing or proposed multiple-family dwellings, which are detached from that multi-family dwelling.

C. Development Standards and Requirements. The following development standards apply to both ADU and JADU unless otherwise indicated.

1. All ADUs and Junior ADUs are exempt from a Site Plan Design Review application process; however, the Department will review for compliance with Development Code and any applicable Code or Design Standard during building

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Packet Pg. 1426 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ACCESSORY STRUCTURES AND USES 17.405
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-47 permit plan check process. ADUs and Junior ADUs are exempt from Density requirements.

2. No structure may be altered, expanded, converted or demolished and reconstructed as an ADU or JADU without first obtaining a Building Permit. Any demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

3. Fire suppression systems shall be installed if the primary dwelling requires such system. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. A certificate of occupancy for an accessory dwelling unit shall not be issued before issuance of a certificate of occupancy for the primary dwelling.

5. May be rented separately from the primary residence, but may not be sold or otherwise conveyed from the primary residence, except as provided in Government Code Section 65852.26.

6. Shall not be utilized as a short-term rental (rentals of 30 days or less).

7. Shall have direct exterior access.

8. ADUs of 850 square feet or less shall have a maximum of one bedroom.

9. Junior Accessory Dwelling Units:
i. Is no more than 500 square feet.
ii. Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure. iii. Shall be located entirely within an existing or proposed Single-Family Residence. Enclosed uses within the residence, such as an attached garage, are considered part of the proposed or existing single-family structure.
iv. A JADU shall not be located within an accessory structure. v. its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure. vi. Shall contain no less than the 150 square feet area minimum required for

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Packet Pg. 1427 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.405 ACCESSORY STRUCTURES AND USES
4-48 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 an efficiency dwelling unit, as defined in Section 17958.10 of the Health and Safety Code.
vii. May includes an efficiency kitchen, as defined in Article 8. viii. Construction of a JADU shall require a deed restriction, pursuant to Government Code 65852.22. (a)(3), which shall be recorded prior to occupancy of unit.
ix. The property owner must reside in either the primary dwelling, JADU, or ADU if such site is developed with an ADU, except if property is entirely owned by another governmental agency, land trust, or housing organization.

10. Accessory Dwelling Units
i. Attached ADUs
a. Shall comply with the underlying Zone development standards for setback, lot coverage, etc.
b. Shall not exceed 50% of the existing or proposed primary dwelling floor area or 1,200 square feet, whichever is less.
c. Shall not exceed 25 feet in overall height or the height limitation imposed by the underlying zone, whichever is lower, and shall not exceed two (2) stories. Height is measured above grade to the peak of the structure.
ii. Detached ADUs
a. Shall comply with the development standards for Accessory Structures for setback, height, lot coverage, etc.
b. Shall not exceed 1,200 square feet.
c. Shall not exceed 16 feet in overall height, except as provided below. Height is measured above grade to the peak of the structure.

1. On lots located within a half-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public
Resources Code, a Detached ADU shall not exceed 18 feet in overall height or 20 feet overall height, if necessary to

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Packet Pg. 1428 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) ACCESSORY STRUCTURES AND USES 17.405
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-49 accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

2. On lots with an existing or proposed multifamily dwelling that is multistory, a Detached ADU shall not exceed 18 feet in overall height.
d. Is not located within the front yard setback area.
e. Shall not exceed the lot coverage for the underlying zone. f. Conversion of an existing Accessory Structure to an ADU:

1. An existing, legally established, accessory structure may be converted to an ADU or demolished and reconstructed on
the same location and size (with up to a 150 square foot addition for ingress and agrees provided it does not
increase the degree of non-conformity), even if such
structure has non-conforming setbacks or heights,
provided that it complies with all applicable Building and Fire Code standards.
g. Shall maintain a minimum setback of four (4) feet from rear and side lot lines and the primary dwelling. If existing multifamily building has a rear or side yard setback of less than four (4) feet, no modification to the multifamily building will be required as a condition of approving the ADU.

D. Parking.

1. All ADU sites must comply with Chapter 17.330 (Off-Street Parking and Loading Standards) of this code, unless modified by this section

2. When a garage, carport or other cover parking utilized to satisfy the required parking for the Primary dwelling unit is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an ADU, such parking is not required to be replaced.

E. Design Features. All ADUs or JADUs shall be designed to be:

1. Compatible with the primary dwelling unit in architectural style, color, exterior materials, roof pitch and window size and placement;

2. Provided with its own entrance that is separate from the entrance to the primary dwelling; and

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Packet Pg. 1429 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.405 ACCESSORY STRUCTURES AND USES
4-50 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 F. Landscaping. Landscaping shall be in compliance with Chapter 17.325 – Water Efficient Landscape and Irrigation.

G. Animal-keeping. For the purposes of determining the number of animals allowed in compliance with Section 17.430.050 (Animal-Keeping), an ADU shall not be determined to be a separate unit.

H. Nonconformity and Violations. Applications to create an ADU shall not be denied due to nonconforming zoning conditions, building code violations or unpermitted structures that do not present a threat to the public health and safety and are not affected by the construction of the ADU.

I. Reporting. The applicant must provide an estimate of the projected annual rent that will be charged for ADU or JADU with the Permit Application.

J. Administrative Adjustment. In the event that an otherwise compliant detached ADU is limited to less than 800 square feet of total floor area due to limitations enumerated in section C – Development Standards above including lot coverage, floor area ratio, open space, or limits on size of the accessory dwelling unit relative to the primary dwelling, the Director shall administratively adjust such standard to permit a unit of at least 800 square feet. There is no obligation by the property owner to construct a unit of 800 square feet. (Ord. 19-22, 2019; Ord. 22-19, 2022)

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Packet Pg. 1430 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CONDOMINIUMS AND CONDOMINIUM CONVERSIONS 17.410
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-51 Chapter 17.410 — Condominiums and Condominium Conversions Sections:

17.410.010 – Purpose

17.410.020 – Applicability

17.410.030 – Subdivision Processes for New Condominiums

17.410.040 – Subdivision Processes for Condominium Conversions

17.410.050 – Development Standards for All Condominiums

17.410.060 – Development Standards for New Condominiums

17.410.070 – Development Standards for Condominium Conversions

17.410.010 — Purpose
The purpose of this Chapter is to address the special attributes of residential condominium subdivisions; to provide development standards that will ensure that units meet reasonable physical standards; to protect the rights of tenants; and to promote home ownership by providing a process for converting rental units to owner-occupied units.

17.410.020 — Applicability
A. Residential condominium/common interest development. This Chapter applies to the following types of residential condominium or other common interest residential developments (i.e., community apartment project, planned development, or stock cooperative, as provided by California Civil Code Section 1351):

1. Creation of a residential condominium or other common interest residential development simultaneously with the construction of a new structure; and

2. Conversion of an existing structure to a residential condominium or other common interest residential development.

B. Commercial condominium/common interest development. Commercial condominiums or condominium conversions are not regulated by this Development Code, but are instead subject to the requirements of the California Department of Real Estate.

17.410.030 — Subdivision Processes for New Condominiums Proposed new condominium or other common interest development projects shall comply with the following requirements:

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Packet Pg. 1431 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-52 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 A. Application processing and approval.

1. A tentative map or tentative parcel map for the project, whichever is applicable based upon the number of dwelling units, shall be filed in the same form; shall have the same contents and accompanying data and reports; and shall be processed, approved, or disapproved in the same manner in compliance with Municipal Code Chapter 16.12 (Tentative Maps) or Chapter 16.14 (Vesting Tentative Maps). Municipal Code Chapter 16.16 (Final Maps and Parcel Maps) determines whether a final map or parcel map shall also be filed.

2. In addition, the following items shall be submitted with the tentative map or tentative parcel map:
a. Development plan of the project including location and sizes of structures, parking layout, access areas, and exterior elevations; b. A preliminary landscaping plan of the project indicating types and sizes of landscaping materials.
c. A preliminary lighting plan of the project indicating location and nature of exterior lighting and lighting fixtures in common areas; d. The proposed condominium documents, including the portions of the Covenants, Conditions, and Restrictions (CC&R’s) that apply to the conveyance of units, the assignment of parking, and the management of common areas within the project; and
e. Any other information that the Director determines is necessary to evaluate the proposed project.

3. The review authority may approve requests by the subdivider for reasonable waivers of the development standards upon making all of the following findings:
a. The condominium project is in substantial compliance with both the development standards in Section 17.410.050 (Development Standards for All Condominiums) and in Section 17.410.060 (Development Standards for New Condominiums); and
b. The project incorporates mitigating features that tend to further the purpose of this Chapter.

B. Development standards. New condominiums shall comply with the development standards identified in Section 17.410.050 (Development Standards for All Condominiums) and in Section 17.410.060 (Development Standards for New Condominiums), unless waived in compliance with Paragraph A.3, above.

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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-53

17.410.040 — Subdivision Processes for Condominium Conversions Condominium conversions (i.e., the conversion of real property to a common interest development as defined by Civil Code Section 1351) shall comply with the following requirements:

A. Application processing and approval.

1. A tentative map or tentative parcel map for the project, whichever is applicable based upon the number of dwelling units, shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner in compliance with Municipal Code Chapter 16.12 (Tentative Maps) or Chapter 16.14 (Vesting Tentative Maps).

Municipal Code Chapter 16.16 (Final Maps and Parcel Maps) determines whether a final map or parcel map shall also be filed.

2. In addition, the following items shall be submitted with the tentative map or tentative parcel map:
a. A Condominium Conversion Application available from the Department. b. Tenant and rental information, which shall consist of the name and address of each present tenant of the project, and the identification of the vacant units.
c. Schedule of proposed improvements that shall be made to the project before the sales; the list shall not prohibit the applicant from making additional improvements.
d. A plot plan of the project including the location and sizes of structures, parking layout, and access areas.
e. A landscaping plan showing types and sizes of landscaping materials and plan for permanent and automatic irrigation facilities pursuant to Chapter 17.325 – Water Efficient Landscape and Irrigation (ord. 16-01, adopted April 5, 2016);
f. The proposed condominium documents, including the portions of the Covenants, Conditions, and Restrictions (CC&R’s) that apply to the conveyance of units, the assignment of parking, and the management of common areas within the project; and
g. Any other information that the Director determines is necessary to evaluate the proposed project.

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Packet Pg. 1433 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-54 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 B. Inspections.

1. Upon receipt of the application to convert, the application for subdivision, and the documents required in Subsection A, above, the Director shall submit copies to the Fire Chief, Building Official, and other departments as necessary. The subdivider shall pay all inspection costs.
a. The Building Official shall inspect the project and prepare an inspection report that identifies any repairs necessary to bring the project into compliance with the Building Code in effect at the time of conversion. b. The Fire Chief shall inspect the project and prepare an inspection report that identifies any deficiencies in the fire protection systems that require correction to bring the project into compliance with the Fire Code in effect at the time of conversion.
c. The Director shall inspect the project and prepare an inspection report that identifies any violations of this Development Code in effect at the time of conversion.
d. A licensed structural pest control operator shall inspect the project and prepare a Structural Pest Control Report that identifies any infested areas in need of repair or replacement. The report shall be dated and filed at least 30 days before submittal of the final map.
e. At the Director’s discretion, the Director may request inspections from other City officials and departments.

2. The subdivider shall make the corrections required in all of the inspection reports.

3. A Final Inspection Report, indicating full compliance with all of the requirements specified above, shall be made by the Building Official before approval of the parcel map or final map.

4. The Department shall keep copies of the required reports, as public records, for no less than five years and shall send copies to the California Real Estate Commissioner as required by State law.

C. Street improvements.

1. The subdivider shall improve or deposit surety in compliance with Section

17.660.070 (Performance Guarantees) guaranteeing the upgrading to City standards of substandard or deficient street improvements within the public right(s)-of-way fronting the subject property. The improvements may include

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Packet Pg. 1434 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CONDOMINIUMS AND CONDOMINIUM CONVERSIONS 17.410
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-55 curbs, drainage devices, driveways, gutters, ramps, sidewalks, street paving, street lights, trees and tree wells and shall be completed to the satisfaction of the City Engineer.

2. The width of the public rights-of-way and roadway of the street(s) abutting the subject property shall conform to the minimum standard of the Circulation Element of the General Plan.

D. Fees. If the apartment proposed for condominium conversion has not paid development fees as required by the City, School District, or the Eastern Municipal Water District, the applicant shall pay a charge equal to the amount of a single-family residence times the number of units in the proposed condominium before submittal of the parcel map or final map.

E. Tenant notifications. For the conversion of residential property into a condominium project, a community apartment project, or a stock cooperative project, the following notifications shall be provided to tenants in compliance with Government Code Section 66427.1:

1. Each existing and prospective tenant shall receive each of the following notices:
a. Written notification, in the form required by Government Code Section 66452.18, of intention to convert shall be provided at least 60 days before the filing of a Tentative Map.
b. Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report (i.e., information for prospective buyers including covenant, conditions, and restrictions that govern the use of property; costs and assessments for maintaining homeowners' associations and common areas; and other material disclosures) by the California Department of Real Estate, and that the report will be available on request.
c. Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate.
d. Written notification within 10 days after approval of a final map for the proposed conversion.
e. Written notification, in the form required by Government Code Section 66452.19, of the intent to convert 180 days before the termination of

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Packet Pg. 1435 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-56 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 tenancy, but not before the review authority has approved a Tentative Map for the conversion. The notice given in compliance with this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Civil Code Sections 1941, 1941.1, and 1941.2.
f. Written notification, in the form required by Government Code Section 66452.20, of the tenant’s exclusive right to contract for the purchase of the tenant’s respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in the Business and Professions Code Section 11018.2, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of the tenant’s intention not to exercise the right.

2. The written notices to tenants required by Subparagraphs 1.a. and 1.b., above, shall be deemed satisfied if those notices comply with the legal requirements for service by mail.

3. This Section shall not diminish, limit, or expand, other than as provided in this Section, the City’s authority to approve or disapprove condominium projects.

4. If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language.

F. Development standards. Condominium conversions shall comply with the development standards in Section 17.410.050 (Development Standards for All Condominiums) and in Section 17.410.070 (Development Standards for Condominium Conversions). The review authority may approve requests by the subdivider for reasonable waivers of the development standards upon making all of the following findings:

1. The condominium project is in substantial compliance with the development standards in Section 17.410.050 (Development Standards for All Condominiums) and in Section 17.410.070 (Development Standards for Condominium Conversions); and

2. The project incorporates mitigating features that tend to further the purpose of this Chapter.

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17.410.050 — Development Standards for All Condominiums This Section provides standards for both new condominiums and condominium conversions.

A. Declaration of Covenants, Conditions, and Restrictions (CC&R’s).

1. Both new construction and conversions. The portions of the Covenants, Conditions, and Restrictions (CC&R’s) to be recorded in the Public Records of Riverside County shall include a statement that none of the provisions may be amended or changed without first obtaining the Director’s written consent.

2. Conversions only. For condominium conversions only, the CC&R’s shall describe the Impact Insulation Class (IIC) rating of all separating floor/ceiling assemblies, as required by Subsection 17.410.060.H. (Sound attenuation). Where the minimum IIC rating is obtained through the use of floor covering(s), the CC&R’s shall provide that:
a. The covering shall not be removed for any purpose except cleaning or replacement; and
b. Any replacement covering(s) shall furnish the same or a greater degree of impact insulation as that originally installed.

B. Easements.

1. Private storage areas. An exclusive easement to airspace of private storage areas, including the private storage space required by Subsection 17.410.060.J. (Storage space – Private), below shall be conveyed with each unit.

2. Parking. An exclusive easement for two required off-street parking spaces shall be conveyed with each unit. All parking spaces shall be used solely by unit owners, members of their families, their guests, or lessees of the owners’ units.

C. Fire detection systems. Early warning smoke detection systems in the living quarters and fire protection systems shall be installed in compliance with State law and the City’s Fire Code.

D. Keying requirements. Each single dwelling unit shall have locks using combinations that are interchange-free from locks used in all other separate dwellings (i.e., master keying is prohibited). Master keying may be allowed when requested by the condominium association authorized to represent the owners of the condominium units within the project.

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Packet Pg. 1437 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-58 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 E. Security measures.

1. Design criteria. The general design of the project shall incorporate crime reduction features identified in Chapter 17.420 (Multi-Family Development).

Individual unit security shall be a significant consideration in the construction of the project.

2. Doors.
a. Exterior doors and doors leading from garage areas into private units shall be of solid core construction with a minimum thickness of 1 3/8 inches with panels not less than 9/16 inches thick, except those portions constructed of metal or glass.
b. Exterior doors and doors leading from garage areas into private units shall be equipped with a single-cylinder, dead-bolt lock with a minimum one inch throw, working in concert with a key in knob dead-latch mechanism, except for sliding glass doors and the stationary door of a double door entry which shall be provided with a slide dead bolt at both top and bottom.
c. Installation and construction of frames, jambs, strikes, and hinges on exterior doors and doors leading from garage areas into private units shall be as follows:
(1) Door jambs shall be installed with solid backing so that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of at least six inches each side of the strike. (2) In wood framing, horizontal blocking shall be placed between studs at door lock height for three stud spaces each side of the door openings. The jamb shall have solid backing against sole plates, and the space between the trimmer and finished frame shall be filled with solid wood.
(3) Door stops and wooden jambs for exterior in-swinging doors shall be of a single piece of material.
(4) The strike plate for dead bolts on all wood frame doors shall be constructed of minimum 16 U. S. gauge steel, bronze, or brass anchored two inches into solid backing beyond the surface to which the strike plate is attached.

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Packet Pg. 1438 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CONDOMINIUMS AND CONDOMINIUM CONVERSIONS 17.410
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-59 (5) Hinges for out-swinging doors shall be equipped with nonremovable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by the removal of its pins. (6) Glazing in exterior doors or within 40 inches of any locking mechanism shall be of fully tempered glass or rated burglaryresistant glazing, except when double-cylinder dead-bolt locks are installed.
(7) All front exterior doors shall be equipped with a wide-angle (180 degrees) door viewer, except where clear vision panels are installed.

3. Windows. Sliding glass windows and doors shall incorporate design features which prevent them from being lifted from their tracks while closed or partially open. Locks on this type of opening shall prevent its compromise by 500 pounds of pry force.

4. Mailboxes. Mailboxes shall be placed in a secure and easily surveyable space, and shall be lighted on a 24-hour basis when located inside a structure.

5. Street numbers and identifying data.
a. Each individual unit with direct access to the street shall display a street number in a prominent location on the street side of the residence so that the number is easily visible to approaching emergency vehicles. b. Street number numerals shall be no less than four inches in height and shall be of a contrasting color to the background to which they are attached.
c. An illuminated diagrammatic representation shall be positioned at the main pedestrian entrance of the complex which shows the viewer’s location and the location and numbered designation of each unit within the complex.

6. Lighting. Lighting shall comply with Section 17.300.080 (Outdoor Light and Glare). In addition, the following standards shall apply:
a. Aisles, passageways, and recesses related to and within the complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during normal hours of darkness.

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Packet Pg. 1439 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-60 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 b. Open parking lots and carports shall be provided with a maintained minimum of one foot-candle of light on the parking surface during hours of darkness.
c. Outdoor lighting devices shall be an approved exterior fixture or protected by weather-resistant covers.
d. Common garage areas shall be lit with a minimum of 0.5 foot-candles when located within a structure.

F. Street improvements. Substandard or deficient street improvements fronting the site within the public right(s)-of-way (e.g., curbs, gutters, sidewalks, ramps, driveways, drainage devices, trees and tree wells, street lights, water mains, etc.) shall be upgraded to City standards. The subdivider may be required to deposit surety in compliance with Section 17.660.070 (Performance Guarantees) to guarantee completion of the improvements. The improvements shall be subject to approval of the City Engineer in compliance with City guidelines.

17.410.060 — Development Standards for New Condominiums This Section provides development standards for new condominiums. These standards are in addition to the standards in Section 17.410.050 (Development Standards for All Condominiums).

A. Site planning and design criteria. Site planning and design shall comply with Chapter

17.420 (Multi-Family Development).

B. Landscaping. Landscaping shall comply with Chapter 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016) C. Open space - Common. Common open space area shall be provided in compliance with the following:

1. The minimum common open space area shall be provided in compliance with Subsection 17.420.050.D. (Additional Development Standards – Open space).

2. Common open space areas (e.g., game courts/rooms, garden roofs, play lots, putting greens, sauna baths, swimming pools, etc.) shall be designed and located to allow use by all residents.

3. Enclosed structures used for recreation or leisure facilities shall not be used to satisfy more than 37.5 percent of the required common open space area.

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4. Active recreation areas, except those located completely within a structure, used to meet the common open space area requirement shall not be located within 15 feet of any door or window of a dwelling unit.

5. Private waterways (e.g., fountains, pools, streams, etc.) may be used to satisfy not more than 40 percent of the required common open space area.

6. Lighting and landscaping shall be planned to prevent areas of darkness, obscurity, or other conditions that would encourage criminal activity or jeopardize the safety of the residents and their guests.

D. Open space - Private. Each unit shall have a directly accessible private open space area (e.g., atrium, balcony, deck, patio, solarium, etc.) with a minimum size of 100 square feet with no dimension less than eight feet. Any excess private open space may count toward satisfying the minimum required common open space.

E. Parking. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading Standards). The spaces shall be enclosed and shall be attached to the units they serve.

F. Trash collection. Trash collection shall comply with Section 17.305.130 (Solid Waste/Recyclable Materials Storage).

G. Laundry areas. Common laundry areas, if any, shall be located to minimize visual and noise intrusion both within and outside the project.

H. Sound attenuation. Projects shall be designed to comply with State noise insulation standards in the California Building Code of Regulations.

I. Fire resistive construction. Each unit shall be separated on the floor, ceiling, and walls, extending throughout the roof, by a minimum of one hour fire separation from any adjoining unit.

J. Storage space - Private.

1. Where detached garages are provided for the dwelling units, a minimum of 125 cubic feet of exterior storage space shall be provided outside each dwelling unit for the exclusive use of that unit.

2. The storage space shall have a minimum horizontal surface area of 24 square feet of enclosed, lockable storage space.

K. Unit sizes. Minimum unit sizes shall conform to the requirements for the zone in which the condominium is proposed.

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Packet Pg. 1441 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-62 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 L. Utilities.

1. Plumbing shut-off. Plumbing within a unit shall be installed so that any individual plumbing fixtures, and all plumbing fixtures, within a single unit can be shut off from the water supply without shutting off the water supply to plumbing fixtures in other units.

2. Drip pans. Appliances that the Building Official determines to be a potential source of water leakage or flooding (e.g., clothes washers, dishwashers, hot water heaters, etc.) shall be installed with built-in drip pans and appropriate drains (except in the case of concrete slab floors placed directly on grade).

3. Utility meters. With the exception of water supply and gas supplied primarily to common area fixtures and accessory features (e.g., barbecues, fireplaces, etc.), each utility shall be separately metered for each unit so that the unit owners can be separately billed. Utility meters shall be screened architecturally or with landscaping if located on the outside of structures. Water meters shall be placed at locations designated by the City Engineer.

4. Circuit breakers. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets that serve the unit. The panel shall be accessible without leaving the unit.

M. Vibration. Permanent mechanical equipment (e.g., air conditioners, fixed and built-in domestic appliances, etc.), which the Building Official determines to be a source of vibration or noise, shall be shock-mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the Building Official to lessen the transmission of vibrations and noise.

17.410.070 — Development Standards for Condominium Conversions This Section provides development standards for condominium conversions. These standards are in addition to the standards in Section 17.410.050 (Development Standards for All Condominiums).

A. Maximum allowable density. Each apartment structure proposed for conversion shall comply with the maximum density indicated in the Land Use Element of the General Plan.

B. Sound attenuation. Unless existing floor-to-ceiling assemblies between separate units meet a Sound Transmission Class of 50, as certified in the inspection report, wall-to-wall carpeting shall be required in all rooms of dwelling units with the exception of bathroom, kitchen, and private open space areas.

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Packet Pg. 1442 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) CONDOMINIUMS AND CONDOMINIUM CONVERSIONS 17.410
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-63 C. Storage space - Private. Each dwelling unit shall be provided with a minimum of 90 cubic feet of exterior enclosed storage space outside the dwelling unit for the exclusive use of that unit.

D. Laundry. Each unit shall be plumbed and wired for laundry facilities or shall have access to common laundry facilities located within the project.

E. Parking. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading Standards).

F. Landscaping. Landscaping plans shall be required in compliance with Chapter 17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)

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Packet Pg. 1443 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.415 MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS
4-64 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.415 — Mobile Home Parks and Mobile Home Subdivisions Sections:

17.415.010 – Purpose

17.415.020 – Applicable Law and Regulations

17.415.030 – Permit Requirements

17.415.040 – Mobile Home Parks

17.415.050 – Mobile Home Subdivisions

17.415.010 — Purpose
This Chapter provides regulations for the establishment, maintenance, and operation of mobile home parks and mobile home subdivisions, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). The intent is to encourage moderately priced housing and provide standards that will adequately protect residents of the parks and the City as a whole.

Standards for mobile homes located outside of a mobile home park or mobile home subdivision are located in Section 17.430.220 (Mobile/Manufactured Homes).

17.415.020 — Applicable Law and Regulations
The laws governing the establishment, maintenance, and operation of mobile home parks in the Manufactured Housing Act of 1980 (Health and Safety Code Section 18000 et seq.) and the related implementing regulations in Title 25 of the Code of Regulations are made a part of this Section by reference. State laws and regulations shall supersede the provisions of this Chapter, unless the provisions of this Chapter are more restrictive in which case the provisions of this Chapter shall control.

17.415.030 — Permit Requirements
A. Conditional Use Permit. A Conditional Use Permit shall be required for any of the following:

1. Establishment of a mobile home park or mobile home subdivision;

2. Construction of additional conventionally-built structures;Expansion of a mobile home park or mobile home subdivision;

3. Addition of mobile home pads or lots;

4. Reconstruction or moving existing conventionally-built structures; or

5. Relocation of mobile homes pads in an existing mobile home park.

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Packet Pg. 1444 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS 17.415
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-65 B. Site Plan and Design Review. A new or expanded mobile home park shall require Site Plan and Design Review in compliance with Chapter 17.630 (Site Plan and Design Review) and Landscape and Irrigation review in compliance with Chapter 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016)

17.415.040 — Mobile Home Parks
This Section provides standards applicable to mobile home parks.

A. A. Authority to enforce. In compliance with The City of San Jacinto Ordinance 15-2 the California Department of Housing and Community Development shall enforce the Manufactured Housing Act of 1980 (Health and Safety Code Section 18000 et seq.State law, the City shall enforce the Manufactured Housing Act of 1980 (Health and Safety Code Section 18000 et seq.) as it applies to established mobile home parks (MHP), including:

1. The construction, alteration, and modification of all structures, plumbing, electrical wiring, sewage disposal construction, and gas piping in mobile home parks; and

2. The maintenance, operation, safety, sanitation, and occupancy of mobile home parks. .

1. The Building Official shall enforce the provisions of this Section relating to:
a. The construction, alteration, and modification of all structures, plumbing, electrical wiring, sewage disposal construction, and gas piping in mobile home parks; and b. The maintenance, operation, safety, sanitation, and occupancy of mobile home parks.

2. The Building Official, Director, Fire Marshal, Police Chief, or Code Enforcement Officer, or other similar City agent may at reasonable times enter upon the following premises to ascertain compliance with this Chapter:
a. Private property to determine whether a mobile home park exists and is in compliance with this Chapter; and
b. Any mobile home park to inspect the facilities, sites, and structures, including the register of occupants.

B. Allowable accessory features and structures. A mobile home park may include the following accessory features and structures only where explicitly authorized by the Conditional Use Permit:

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Packet Pg. 1445 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.415 MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS
4-66 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

1. Private mobile home spaces. Accessory structures and uses on private mobile home spaces shall be limited to:
a. Awnings.
b. Cabanas.
c. Carports (portable, removable, or permanent).
d. Fences.
e. Garages.
f. Patios.
g. Porches.
h. Ramada.
i. Storage cabinets.

2. Common facilities. Accessory structures and uses that are designed for and limited to use by residents of the mobile home park and their guests and are not allowed on the private mobile home spaces shall be limited to:
a. Accessory retail and service uses in compliance with Section 17.405.020 (Accessory Retail and Service Uses).
b. Clubhouses, community centers.
c. Common laundry facilities.
d. Park areas.
e. Playground.
f. Storage area(s) for recreational vehicles.
g. Swimming pools.
h. Washroom structures.

3. Public facilities. Public utility and public service uses and structures.

C. Mobile home park development standards.

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Packet Pg. 1446 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS 17.415
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-67

1. Development standards. Each mobile home park shall comply with the requirements in Table 4-2:

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Packet Pg. 1447 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.415 MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS
4-68 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 4-2
Development Standards for Mobile Home Parks and Subdivisions Development Feature Development Standard
Park Site Area 10 gross acre minimum
Mobile Home Space Dimensions
Size 2,800 sq. ft. minimum
Width 40 ft. minimum
Depth 70 ft. minimum
Structure Coverage 60% maximum per mobile home space
Density Same as base residential zone with a maximum of one mobile home unit per mobile home space (1)
Mobile Home Unit Size 950 sq. ft. minimum
Height (conventionally built structures and mobile homes) Mobile home space 15 ft. maximum
Common recreation facilities 35 ft. maximum
Open Space
Private 300 sq. ft. minimum per mobile home space (3)
Common The greater of 200 sq. ft. per mobile home space or 30,000 sq. ft.

Storage 50 sq. ft. per mobile home space
Distance between Structures
10 ft. minimum between mobile home units on separate spaces 6 ft. minimum between mobile home units and related accessory structure
Setbacks – Mobile Home Units
Front 5 ft. minimum
Interior Side 5 ft. minimum
Street Side (interior street) 5 ft. minimum
Rear 5 ft. minimum
Setbacks – Perimeter Wall
Front-Facing 25 ft. minimum
Side-Facing 5 ft. minimum
Rear-Facing 10 ft. minimum
Setbacks – Accessory Structures (2) 3 ft. minimum
Streets – Width of Interior Private Street
No on-street parking 24 ft. minimum width
Parking on one side 28 ft. minimum width
Parking on both sides 32 ft. minimum width
Fences Chapter 17.315 (Fences, Walls, and Hedges).

Landscaping Chapter 17.325 (Landscaping).

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

Signs Chapter 17.335 (Sign Standards).

Solid Waste & Recycling Section 17.305.130 (Solid Waste/Recyclable Materials Storage).

Notes:
(1) The maximum density allowed within a mobile home park shall be indicated by the General Plan land use designation of the property. A density bonus may be granted in compliance with Chapter 17.310 (Affordable Housing Density Bonuses). (2) See Subsection 17.405.040 for allowable accessory structures. Awnings may be installed to a lot line when a three-foot clearance is maintained between structures on an adjoining lot. (3) Exclusive of required setback areas.
(4) Review Appendix 1 of the Landscape Design Guidelines for possible greater setback requirements on certain streets.

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2. Access.
a. Access to mobile home parking spaces shall be from private streets within the mobile home park only.
b. A street divided into separate traffic lanes by a curbed divider or similar obstacle shall be not less than 15 feet in clear width on each side of the divider.
c. Access from a mobile home space to a street shall be continually maintained so that the movement of a mobile home to and from the driveway is not permanently obstructed.
d. Access from a mobile home space to a street shall be not less than 15 feet in width. Mobile home spaces shall be arranged so that it shall not be necessary to trespass on another lot.
e. A minimum five-foot wide sidewalk shall be installed along the exterior street where the main entrance is located.

3. Mobile home space improvements. The following improvements shall be installed on each mobile home space:
a. A landscaped yard, patio, or deck of at least 300 square feet for recreation purposes. These features may be combined to meet the required 300 square feet.
b. The area between the ground level and the floor of a mobile home shall be screened from view by an opaque skirt entirely around the mobile home.

4. Parking.
a. An occupied travel trailer, camper, motor coach, motor home, trailer coach, or any similar recreational vehicle not certified under the National Mobile Home Construction Safety Standards Act of 1974 (42 USC Section 4401 et seq.) shall not be allowed to be used as a dwelling within a mobile home park.
b. Mobile homes shall not be parked overnight on any streets, whether attached or separated from a tractor vehicle.

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Packet Pg. 1449 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.415 MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS
4-70 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

5. Screening and buffering.
a. Decorative masonry block walls six feet high shall be erected along all exterior boundary lines of the park except that along the front boundary of the main entrance the wall shall be limited to four feet in height. b. Laundry handling and drying areas shall be screened from view from outside of the park.

6. Utilities.
a. Utility distribution facilities (including cable television, communication and electric lines and boxes) within a mobile home park shall be installed underground.
b. Mobile home parks and all mobile homes sites within parks shall be served by an approved sewer system.
c. Facilities for sanitation, garbage, sewage and trash disposal, and water supply shall comply with the requirements of the Building Official. d. The location and size of water mains shall comply with requirements of the City Engineer.
e. The location and size of gas mains shall comply with the requirements of the Building Official.

D. Subdivisions in existing mobile home parks. Existing mobile home parks may be subdivided in compliance with applicable State laws and regulations.

17.415.050 — Mobile Home Subdivisions
This Section provides standards applicable to mobile home subdivisions.

A. Allowable uses. In addition to the allowable features and structures listed in Subsection

17.415.040.B, above, a mobile home subdivision may also include a temporary real estate tract office. The office shall be used only for and during the original sale of the subdivision but not to exceed a period of two years.

B. Mobile home subdivision development standards.

1. Dimensional standards. Each mobile home subdivision shall comply with the requirements in Table 4-2 (Development Standards for Mobile Home Parks and Subdivisions).

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2. Compliance with standards. Mobile home subdivisions shall comply with applicable design standards established by this Chapter, Municipal Code Title 16 (Subdivisions), and State subdivision requirements.

3. Community association. A community association, composed of the individual space owners, or other legal entity providing for participation by the individual space owners shall be formed for the purposes of maintaining the common areas of the subdivision, including the landscaping and recreational facilities. The association shall have the right to place a lien upon the individual spaces for all necessary costs and expenses of maintaining the area and facilities.

4. Open space.
a. Mobile home subdivisions shall reserve and maintain common areas and facilities for the enjoyment of the residents of the mobile home subdivision.
b. Each space owner shall be granted an undivided interest in the common open space in the subdivision.

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Packet Pg. 1451 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.420 MULTI-FAMILY DEVELOPMENT
4-72 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.420 — Multi-Family Development
Sections:

17.420.010 — Purpose

17.420.020 — Applicability

17.420.030 — Processing

17.420.040 — Minimum Amenities

17.420.050 — Development Standards

17.420.070 — Site Design Standards and Guidelines

17.420.010 — Purpose
This Chapter provides standards and guidelines for multi-family development to assist the designer/developer in understanding the City’s clearly stated goals and objectives for highquality multi-family residential development. These standards and guidelines shall be utilized during the design of the project as well as during the City’s development review process to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

17.420.020 — Applicability
A. These standards and guidelines shall apply to all proposed multi-family residential projects, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Multi-family residential projects shall include projects in which two or more attached or detached dwelling units are located. Multi-family residential projects may include apartments or condominiums.

B. Any addition, remodeling, relocation, or construction requiring a Building Permit shall adhere to these standards.

C. Low-cost housing projects are entitled to density bonuses or other incentives identified in Chapter 17.310 (Affordable Housing – Density Bonuses).

D. In the event of a conflict between these standards and the development standards in Chapter 17.215 (Residential Zones), the development standards in Chapter 17.215 (Residential Zones) shall prevail.

E. The provisions in this Chapter are activated by “shall” when required; “should” when recommended; and “may” when optional.

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Packet Pg. 1452 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) MULTI-FAMILY DEVELOPMENT 17.420
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17.420.030 — Processing
A. Projects of up to 499 units shall be subject to the Site Plan and Design Review process in compliance with Chapter 17.630.

B. Projects of 100 acres or more, or 500 units or more, shall be required to file either an application for approval of a:

1. Planned Development Permit in compliance with Chapter 17.620; or

2. Specific Plan in compliance with Chapter 17.635.

17.420.040 — Minimum Amenities
This Section provides standards for minimum amenities required for multi-family residential development.

A. Between three and 30 units. Development consisting of three to 30 units shall provide at least three of the following recreational amenities:

1. Large usable open lawn area of 2,500 square feet; one of the dimensions shall be a minimum of 50 feet.

2. Enclosed tot lot with multiple play areas.

3. Spa or pool.

4. Barbecue facility equipped with grill, picnic benches, etc.

B. Between 31 and 99 units. Developments consisting of 31 to 99 units shall provide at least another set of three amenities similar to the above, or equivalent (i.e., a total of six amenities). The two sets shall include at least one pool.

C. Between 100 and 199 units. Developments consisting of 100 to 199 units shall provide at least five of the following recreational amenities or equivalent, as approved by the review authority.

1. A large usable open lawn area of 5,000 square feet; one dimension of which shall be a minimum of 100 feet.

2. Multiple enclosed tot lots with multiple play equipment. The tot lots shall be conveniently located throughout the site with adequate consideration given to safety and supervision. The number of tot lots and their location shall be subject to approval of the review authority.

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Packet Pg. 1453 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.420 MULTI-FAMILY DEVELOPMENT
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3. A pool(s) and spa(s) of sufficient size and design to serve the number of units in the development as determined by the review authority.

4. A multi-purpose community center equipped with a kitchen, defined areas for games, exercises, meetings, etc. with a minimum of 1,500 square feet.

5. Barbeque facilities equipped with multiple grills, picnic benches, etc., conveniently located throughout the site. The number and location shall be subject to approval of the review authority.

6. Court facilities (e.g., basketball, handball, soccer, tennis, volleyball, etc.)

7. Jogging and walking trails with exercise stations.

8. Water features using re-circulated water (e.g., fountains, ponds, streams, waterfalls, etc.).

D. Between 200 and 499 units. Developments consisting of 200 to 499 units shall provide at least another set of those specified in Subsection C., above, for each 100 units above the first 200, as determined by the approval authority.

E. 500 units or more. Developments 100 acres or more or 500 units or more shall file a Planned Development Permit in compliance with Chapter 17.620 (Planned Development) or a Specific Plan in compliance with Chapter 17.635 (Specific Plans) and proposed amenities shall be approved through the Planned Development or Specific Plan process.

F. Location and design. The location of all recreational facilities shall consider the peace, safety and privacy of tenants. Projects designed for a variety of tenants (e.g., families, singles, seniors, etc.), shall provide appropriate facilities for each area of the project.

Projects designed for a specific market group shall provide facilities suitable for that market.

G. Other amenities. The review authority may consider other facilities to satisfy the above requirements.

H. Maintenance. All recreation areas or facilities shall be maintained by a private homeowner’s association (HOA), property owners, or a private assessment district.

I. Waiver. Proposed affordable housing projects may request a waiver of specific requirements as an incentive in compliance with Chapter 17.310 (Affordable Housing Density Bonus).

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17.420.050 — Development Standards
This Section provides standards in addition to the standards in Article 2 (Zones, Allowable Uses, and Zone-Specific Standards) and Article 3 (Site Planning and Development Standards).

A. Required unit sizes and types. Each multi-family development shall provide a variety of unit types including studio, one-bedroom, two-bedroom, and three or more bedroom apartments. At least 30% of the total number of units should exceed 700 square feet in area, except for Senior Residential Projects pursuant to Section 17.430.310, or projects eligible for Affordable Housing – Density Bonus pursuant to Chapter 17.310.

B. Parking. Parking shall be provided and landscaped in compliance with Chapter 17.330 (Parking and Loading) and the following additional standards:

1. Garages shall be equipped with garage door openers.

2. At least one enclosed parking space for each unit shall be available exclusively for parking.

3. Enclosed parking spaces shall not be used for commercial uses or storage related to a business.

4. Enclosed parking shall be attached to each unit or shall be conveniently located to each unit.

5. Guest parking shall be provided evenly throughout the development and shall be screened from street view by being located within the interior of the project or screened by low walls, berms, and landscaping.

6. Parking for recreational vehicles shall be secured and shall be located away from view of residential units, where feasible.

7. The architecture of separate parking structures shall be consistent with the architecture of the primary structures in materials and design.

C. Private open space. Useable private open space shall be provided in compliance with Chapter 17.215 (Residential Zones) and the following additional standards:

1. Private open space shall mean contiguous space, excluding required structure separation and setback areas. Private open space may be fenced yard areas, patios, decks or balconies oriented for maximum privacy for the units they are designed to serve. .

2. Private open space shall be accessible to only one dwelling unit by a doorway or doorways to a habitable room or hallway of the unit.

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2. Private open space located on the ground level (e.g., yards, decks and patios) shall have no dimension less than ten (10) feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six (6) feet.

3. Driveways, parking spaces, or other areas designated for operational functions are not considered open space.

D. Common open space. Useable, landscaped and unified common open space shall be provided in compliance with Chapter 17.215 (Residential Zones) and the following additional standards:

1. Common open space shall be conveniently located in relation to the units for which they are designed to serve and shall be accessible to all occupants of the development.

2. Common open space should consist of both passive and active areas. Active areas shall be developed with amenities as required in Section 17.420.040 (Minimum Amenities). Passive areas may contain benches, barbeque facilities, picnic benches, community gardens, and similar amenities in peripheral locations but shall not constitute more than 50% of the total requires common open space. .

3. The location of all common open space and recreational facilities shall consider the peace, safety and privacy of tenants. Projects designed for a variety of tenants (e.g., families, singles, seniors, etc.), shall provide appropriate facilities for each area of the project. Projects designed for a specific market group shall provide facilities suitable for that market.

4. Common open space areas shall have a minimum dimension of 15 feet.

5. Open space surfaces shall include a combination of lawn, garden, hardscape or other serviceable dust-free surfacing. The slope shall not exceed 10%.

6. Projects consisting of 101 or more dwelling units shall provide a minimum of two common open spaces, with a minimum area of 1,600 square feet each.

7. Driveways, parking spaces, roads, alleys, utility areas, or other areas designated for operational functions are not considered open space.

8. All common open space, recreation areas and/or facilities shall be maintained by a private homeowner’s’ association (HOA), property owners, or a private assessment district.

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9. Proposed affordable housing projects may request a waiver of specific requirements as an incentive in compliance with Chapter 17.310 (Affordable Housing – Density Bonuses).

E. Pedestrian facilities. Pedestrian access shall be provided throughout the development connecting streets, roadways, driveways, alleys, etc. with common open spaces and amenities as deemed appropriate by the approval authority. Walkway width shall be a minimum of five (5) feet.

F. Multi Family Setbacks. See Table 2-4. The Setback standards identified in Table 4-3 apply to the RVH, RH, and RM Zones.

Table 4-3
Setbacks for Multi-Family Residential Projects
Setback Standard
Front 20 ft. minimum – Single-story
25 ft. minimum – Two-story or greater
Side
10 ft. minimum – Single-story
15 ft. minimum – Two-story
25 ft minimum – Three story or greater
Street Side 15 ft. minimum – Single-story
25 ft. minimum – Two-story or greater
Review Appendix 1 of the Landscape Design Guidelines for possible greater setback requirements on certain streets.

Rear
10 ft. minimum – Single-story
15 ft. minimum – Two-story
25 ft minimum – Three story or more greater
G. Minimum separation between structures. The separation distances identified in Table 4-43 (Minimum Separation Between Multi-Family Structures) shall apply to parcels containing two or more dwelling units that are located in separate detached structures.

The separation shall be between opposite exterior walls. Walls shall be considered opposite if a perpendicular line drawn in a horizontal plane from one structure intersects another structure’s wall. The front side of a unit is the side containing the primary entrance to the dwelling unit. See Figure 4-1 (Minimum Separation Between Multi-Family Structures).

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Minimum Separation Between Multi-Family Structures
Structure Type Minimum Separation Figure Symbol
1 –story and 2-story structures Structure Orientation
Side-to-Side 15 ft.

Rear-to-Rear 15 ft.

Front-to-Rear 25 ft.

Front-to-Front or Interior
Courtyard Space 25 ft.

All Other Orientations 15 ft.

Greater than 2-story structures
adjacent to 1-story and 2-story
structures
Increase the above distances by 5 ft. or setback
stories above second story by 5 ft.

Non-habitable structures 10 ft.

Figure 4-1
Minimum Separation Between Multi-Family Structures

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Packet Pg. 1458 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) MULTI-FAMILY DEVELOPMENT 17.420
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-79 H. Landscaping. Required setback areas and open space areas shall be landscaped and maintained in compliance with Chapter 17.325 (Water Efficient Landscape and Irrigation) and the requirements outlined in this Chapter. (ord. 16-01, adopted April 5, 2016)
I. Storage space. Each dwelling unit shall be provided a minimum of 120 cubic feet of secured storage space. The storage space may be within a fully enclosed garage as long as the storage space is in addition to the parking space(s) required. The storage space may also be located on a patio, balcony, or deck as long as it is in addition to the required private open space. Cabinet and closet space within the dwelling unit shall not count towards meeting this requirement.

J. Laundry facilities. Each dwelling unit shall be provided with hook-up for washing machine and clothes dryer in the interior of the unit or common laundry facilities, adequately dispersed throughout the development, shall be provided on-site.

K. Trash enclosures. Trash enclosures shall be provided in compliance with Section

17.305.130 (Solid Waste/Recycled Materials Storage).

17.420.070 — Site Design Standards and Guidelines
This Section provides standards and guidelines that are intended to assist the applicant in understanding the City’s clearly stated goals and objectives for high quality multi-family development. The design guidelines are general and may be interpreted with some flexibility in their application to specific projects. The guidelines will be utilized during the City’s development review process to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

See Section 17.420.020.E. (Meanings of “shall”, “should”, and “may”).

A. Building orientation.

1. Building entries shall face the primary street with pedestrian access provided from sidewalks to all building entries, parking areas, and publicly accessible open spaces. For larger sites with multiple buildings, building entries may also be oriented to face internal open spaces, paseos, and recreational amenities.

2. A minimum of 60% of the street frontage shall be devoted to buildings located between the minimum and maximum front setback lines fronting the primary street. The remaining 40% may be devoted to parking.

3. Parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, fencing, or some combination thereof. Landscaping for screening purposes shall be no less than four feet tall.

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4. If adjacent to a single-family residential zone, windows, balconies or similar openings shall be oriented so as not to have a direct line-of-sight into adjacent units or onto private patios or backyards adjoining the property line. This can be accomplished through: stepbacks of upper stories; window placement; use of clerestory windows, glass block or opaque glass; or mature landscaping within the rear or side setback areas.

B. Site layout.

1. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum of 20 feet from both the street property line and the back of public sidewalk, in order to accommodate a minimum of one vehicle entering the facility.

2. Arrange buildings to provide functional and accessible outdoor spaces to all residents.

3. Locate surface parking to the sides and rear of the lot with building massing oriented to the street, to the greatest extent possible. Provide parking lots with adequate auto and pedestrian-scale lighting and security as a safety feature. All lighting shall be directed downward and shielded so as not to spill over onto neighboring properties in compliance with Section 17.300.080 (Outdoor Light and Glare).

4. Landscape screening and/or fencing at least six (6) feet high is required between residential and non-residential uses.

5. Site layout strategies shall be implemented to preserve natural landforms and rock outcroppings.

C. Site access.

1. Face building entries so they are visible from the street and connect to the public sidewalk.

2. Allow pedestrian movement to and along sidewalks to be clear and unobstructed.

3. Provide connections between new projects and adjacent neighborhood streets and pedestrian and bicycle paths. Connecting streets shall be designed to discourage overloading traffic on existing streets.

4. Ground-floor dwelling units shall be accessed via internal corridors or from individual exterior porches or stoops served by a sidewalk or other designated walkway.

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5. Pedestrian access shall be provided from the sidewalk at the street frontage to building entries and parking areas.

6. Pedestrian connections shall be provided to adjacent amenities, paths or trials, and/or connections to adjacent properties.

D. On-site streets.

1. Promote access to new development by providing multiple points of entry and exit. Separate entry/exit access shall be provided for pedestrians. Sidewalks, if present, shall have landscaped parkways between curb and sidewalk.

2. The street frontage(s) should integrate a thoughtful landscape that is appropriate to the context of the building and surrounding streetscape.

E. Parking lots and courts.

1. Parking areas shall be well-landscaped with a variety of shrubs and canopy trees.

2. Parking spaces shall be separated from buildings by a pedestrian sidewalk and a landscape strip (minimum 6 feet).

3. Parking shall be screened from the street by landscaping, berming, low walls or fences, or buildings.

4. No more than 40% of the public right-of-way frontage shall be used for parking

5. Below-grade or structured parking shall be screened from the street, and is encouraged for new -mixed-use development that includes a large apartment building.

F. Landscaping.

1. Inorganic ground cover (gravel, river rock, etc.) shall not be used as a substitute for plant material, the required mulch under shrubs and trees, or the mulch under groundcover from flats. It shall only be used as an accent material in combination with plants and cover no more than 15% of the total landscape area.

2. Turf areas shall be placed in areas for recreational use only and must have a 10- foot minimum diameter.

3. Root barriers shall be provided when landscape trees are located five (5) feet or closer to any hardscape element or building.

4. Palm trees shall only be used in community pool areas and as main entry focal points.

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5. Where setbacks and lot coverage allow, landscaping at a minimum of 3-feet - width shall be incorporated around the base of buildings to separate between parking, drive aisles, and sidewalks (excluding sidewalks providing direct access to the building or units).

6. Detention and retention basins should be integrated in the overall landscape design in addition to providing their water management function.

G. Lighting.

1. Building entrances and street numbers shall be well-lit and illuminated to be visible from the street.

2. Walkways, access, common parking areas and parking lots shall be illuminated with a minimum of one (1) foot-candle to ensure safe nighttime conditions. 3 Pedestrian level lighting shall be provided in all common areas and walkways.

4. Building mounted security lighting fixtures shall not project above the fascia or roof of the building.

5. The style of lighting fixtures shall be the same or similar to the building’s design and architectural style.

6. Street lighting within the development shall be a maximum of 15 feet high. Street lighting shall also be provided for courtyards, alleys, or other driving areas used to access the project, individual units, garages or parking spaces.

7. All lighting shall be directed downward and shielded so as not to spill over onto neighboring properties in compliance with Section 17.300.080 (Outdoor Light and Glare).

8. Wall mounted lighting for common areas (including common open spaces, parking lots, driveways, alleys, courtyard, etc.) shall not be provided by building mounted lighting that is controlled by the tenants of the unit (i.e. porch lights cannot be used to illuminate common walkways).

H. Walls and fences.

1. Walls and fences shall be in compliance with Chapter 17.315 (Fences, Walls, and Hedges).

2. Community perimeter walls along side and/or rear property lines shall be solid decorative walls located where they do not conflict with existing viewsheds.

Wall materials shall be brick, tile, textured concrete, stucco on masonry, or other material approved by the Director which require little or no maintenance.

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3. Plain concrete block walls, wood fence or chain link fencing with inserts shall not be used as wall materials. However, split rail wood fences may be considered when separating amenities, such as sidewalks and walking trails provided that adequate landscaping and other security fencing is provided. 4 Open fencing is preferred along street frontages. Wrought iron or tubular steel acceptable materials for fencing. Where solid walls are necessary, block walls may be constructed along the street frontage, but must be decorative masonry, have a decorative cap, and feature a landscape setback.

5. Wall caps are to be incorporated as a horizontal design element at the top of solid walls and should be exceed four (4) inches vertical.

6. Wrought iron or tubular steel fencing, or other transparent type of fencing shall be included within projects where there is a viewshed from the project site and for fencing along the street frontage. Pilasters made of concrete, split face block, or other decorative material shall be provided every 50 linear feet to 75 linear feet of wall length.

7. The style and materials of the wall shall be the same or similar to the architectural style of the project.

8. All exterior perimeter walls located along public streets shall have an offset a minimum of five (5) feet deep for every 50 linear feet to 75 linear feet of wall length.

9. All solid perimeter walls shall provide for wall inserts and/or decorative columns of pilasters every 20 feet to provide relief.

10. All solid perimeter walls and/or fences shall be architecturally treated on both sides and shall incorporate landscaping whenever feasible.

I. Trash Enclosures.

1. Trash enclosures shall be in compliance with Section 17.305.130 (Solid Waste/Recyclable Materials Storage).

2. Trash enclosures shall be located away from building fronts and major entries, and/or screen such receptacles from view in fixed enclosures.

3. Trash receptacles shall be accessible for trash collection but shall not block circulation drives near loading areas or conflict with parking.

4. Landscaping shall be placed on three sides of trash enclosure. Landscaping shall be provided on two sides of trash enclosure if enclosure is attached to a building.

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5. Enclosures shall be separated from adjacent parking stalls with a minimum 5- foot -wide planter area.

6. Provide a separate side pedestrian access to all trash enclosures.

J. Utilities.

1. All utility equipment shall be located out of the pedestrian path of travel. All utility equipment shall be purposefully and aesthetically placed adjacent to alleyways, within parking areas, rear or side yards, or within building “notch outs” and screened from public view.

2. Double detector check valves (DDCs) shall be installed in a location that is internal to the project site at locations not visible from the public right-of-way, or placed in a manner that is architecturally integrated into the building design.

3. DDCs and other water related utilities shall not be placed adjacent to the sidewalk along the building facades that face the street.

4. All electrical utility equipment, electrical meters, and junction boxes shall be placed within a utility room or purposefully designed as an integral part of the building development, placed adjacent to alleyways, within parking areas, or within rear or side yards, and screened from public view.

5. Gas meters shall be painted to blend into the built environment.

K. Mechanical equipment.

1. Mechanical equipment, including air conditioning units, shall be placed in the back of the unit and not visible from public view, or shall be screened with landscaping or architectural materials.

2. No exterior water heater enclosures shall be permitted. Water heaters shall not be visible.

17.420.060 — Building Design Standards and Guidelines
These objective design standards provide clear and concise direction for the development, renovation, and expansion of multi-family developments. The primary focus is to construct a high-quality residential environment that is compatible with the surrounding community. See Section 17.420.020 for meanings of “shall”, “should”, and “may”.

A. General building form.

1. Corner buildings at street intersections shall incorporate architectural elements including prominent towers, cornice features, roof shapes and roof line variation.

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2. Unbroken wall planes shall not exceed 30 feet. Articulations through the use of varying setbacks, building entries and recesses or structural bays are required to avoid long unbroken building expanses. Minor breaks shall be a minimum of one (1) foot deep and four (4) feet wide.

3. For every 100 feet of building length, there shall be a plane-break along the façade comprised of an offset of at least five (5) feet in depth by 25 feet in length.

The offset shall extend from grade to the highest story.

4. The main building entry shall be clearly identifiable through the use of lighting, landscaping and architecture.

5. For residential projects three (3) stories or taller, development shall use one or more of the following or similar strategies: utilize roof forms and pitches that are similar to those of other structures in the neighborhood; integrate upper floor units into the roof form; step back upper floors above the third story; use a different material on the top floor walls to visually make the building seem lower.

B. Building height and massing.

1. Projections, recesses and overhangs shall be used to provide shadow and depth.

2. For row-type townhouses, each unit shall be varied in height and setback.

3. Structures three (3) stories or taller should emphasize horizontal planes through the use of trim, awnings, eaves, or other ornamentation, or a combination of complementary colors.

4. The upper story of buildings three (3) stories or taller shall be stepped back to reduce the scale of facades facing single-family residences, streets, courtyards, or open space areas.

5. In addition to required wall offsets, street-facing front facades shall provide additional articulation elements, including, but not limited to: a covered porch, a recessed entrances, bay windows, or integral planters.

C. Roof forms.

1. Buildings shall be designed using at least two different roof forms to visually break up the massing of the building (i.e. gabled, hipped, shed).

2. Roof levels, pitch directions and forms on large buildings, 4,000 square feet or greater, shall be varied to decrease the apparent scale of the building.

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3. Roof mounted equipment shall be screened using materials consistent with the materials used for the building.

D. Windows and doors.

1. Building walls along all street frontages shall have windows at all floors above ground level.

2. Window and door type, material, shape, and proportion shall complement the architectural style of the building.

3. Trim surrounds shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows can be recessed from the wall plane.

E. Entryways.

1. Entries to individual units shall be easily identifiable, distinguishable, and oriented to the street whenever possible.

2. Main entries and lobbies shall be oriented toward primary street frontages or open space areas that connect directly to the primary street. Where there are multiple buildings in a project, entries may also be oriented to internal circulation streets or pathways that connect directly to a street.

3. Individual ground-floor residential entries shall be located on quieter frontages where possible. Where they need to be located on larger streets, entries shall be set back from the sidewalk a minimum of five (5) feet and provided with landscaping and/or low fencing to provide a transition space.

4. Long, monotonous balconies and corridors that provide access to multiple units shall be avoided. Instead, access points shall be clustered.

5. Main building entries shall be defined by use of architecturally-compatible elements including one or more of the following: canopies, arches, arcades, porticos, posts, awnings, decorative lights, small entry plazas, and vertical massing.

F. Garages and carports.

1. Minimize garage doors along street fronts.

2. Garage doors shall be recessed into the garage wall a minimum of four (4) inches to provide shadow relief.

3. Carports and detached garages shall be constructed of materials and colors complimentary to the architecture style of the project.

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Packet Pg. 1466 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SINGLE-FAMILY DEVELOPMENT 17.425
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-87 Chapter 17.425 — Single-Family Development
Sections:

17.425.010 — Residential Compatibility Standards

17.425.020 — Residential Development Design Regulations

17.425.010 — Residential Compatibility Standards
A. Purpose and intent. The purpose of the regulations in this Section are to ensure that proposed infill dwelling units are generally compatible in size, site location, and appearance with existing development(s) and community.

B. Compatibility Review.

1. When required. Within an existing residential subdivision, a Compatibility Review and Water Efficient Landscape and Irrigation Review (17.325 – Water Efficient Landscape and Irrigation) shall be completed by the Director before issuance of a Building Permit for the construction of any new infillproduct single-family residential unit that was not previously approved and is proposed for construction within the subdivision where:
a. Parcels in the subdivision are up to 20,000 square feet in area; b. The proposed development requires approval of a Site Plan and Design Review in compliance with Chapter 17.630 (Site Plan and Design Review);
bc. Building Permits have been issued for other residential units; cd. Construction has commenced or has been completed on other residential units; or
de. Individual parcels have been sold to third parties. (ord. 16-01, adopted April 5, 2016)

2. Submittal requirement. An applicant shall provide a map identifying the subdivision for the proposed residential subdivision development, including lot sizes and building sizes within the subdivision, and identifying other adjacent subdivisions, if any.

C. Compatibility standards. For applicable proposed residential unit development, the following standards shall apply:

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1. Transitions. If the size(s) of proposed dwelling units vary from the size(s) of existing dwelling units within an existing subdivision, the review authority shall require appropriate transitioning in bulk, scale, and mass for the portions of the dwelling units that are visible from public rights-of-way.

2. Setbacks.
a. Blocks with existing structures. The setbacks for the proposed primary structure shall be:
(1) No greater than and no less than the minimum and maximum setbacks of the existing primary structures on the block on which the proposed development is located; and
(2) The same or greater than the front setbacks of the structures on either side of the proposed development.
b. Blocks without existing structures. If there are no existing structures on the block proposed for the infill development, the setbacks shall be determined by the review authority to be compatible with the structures on the opposite side of the street.

3. Site coverage. Site coverage shall meet the standards for the applicable residential zones as specified in Table 2-3 (Development Standards for Residential Zones).

4. Building materials. Proposed development shall be use similar or complementary building materials to the predominant building materials of the existing primary structures on the block.

5. Landscaping. Proposed development shall be landscaped with plant materials that are consistent as to type and maturity with other landscaped lots within the subdivision. For the purposes of this paragraph, larger specimen trees and plants shall not exceed 48-inch box trees and five-gallon shrubs (See Chapter

17.325 – Water Efficient Landscape and Irrigation for more information). (ord. 16- 01, adopted April 5, 2016)

6. Parking. Parking shall comply with the requirements in Chapter 17.330 (OffStreet Parking and Loading).

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17.425.020 — Residential Development Design Regulations A. Purpose and Intent. This Section provides standards and guidelines for single-family development to assist the designer/developer in understanding the City’s clearly stated goals and objectives for high-quality single-family residential development. These standards and guidelines shall be utilized during the design of the project as well as during the City’s development review process to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

B. Applicability.

1. The provisions of this Section shall apply to all single-family residential development where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Single-family residential projects shall include projects in which one attached or detached dwelling unit is located per lot. Singlefamily residential projects may include small lot subdivisions or townhomes.

2. Any addition, remodeling, relocation, or construction requiring a Building Permit, or paving of yard areas, shall adhere to these standards.

3. Low-cost housing projects are entitled to density bonuses or other incentives identified in Chapter 17.310 (Affordable Housing – Density Bonuses).

4. In the event of a conflict between these standards and the development standards in Chapter 17.215 (Residential Zones), the development standards in Chapter 17.215 (Residential Zones) shall prevail.

C. Evaluation. Projects will be evaluated using a rating system to determine compliance with these standards and guidelines, as indicated in Subsection G (Residential Development Design Evaluation), below. Single-family residential projects of five lots or more shall be subject to Commission approval; projects of four lots or fewer shall be subject to approval by the Director.

D. Site Design Standards and Guidelines. This Section provides standards in addition to the standards in Article 2 (Zones, Allowable Uses, and Zone-Specific Standards) and Article 3 (Site Planning and Development Standards).

1. Site Design.
a. Each neighborhood shall provide a variety of housing products. b. Residential projects may provide recreational amenities, such as pools and tot lots, within the development for the use by the residents.

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Packet Pg. 1469 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.425 SINGLE-FAMILY DEVELOPMENT
4-90 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 c. Site layout strategies shall be implemented to preserve natural landforms and rock outcroppings.
d. Side yards should be varied to add interest and usable space. e. Lot widths should be varied to allow for variable open space areas, side yards, and to accommodate a range of housing shapes and sizes. A variation of not less than three feet shall be required.
f. Each group of three adjacent houses should contain at least one house whose front setback varies from those of its neighbors by not less than five feet. The use of porches, verandas and side entry garages is encouraged to achieve the setback variation. Where provided, such features shall be permitted not less than 15 feet from the front property line.

2. Street Design and Circulation.
a. Provide connections between new projects and adjacent neighborhood streets and pedestrian and bicycle paths. Connecting streets shall be designed to discourage overloading traffic on existing streets.
b. Pedestrian connections shall be provided to adjacent amenities, paths or trials, and/or connections to adjacent properties.
c. Where applicable, cul-de-sac openings should be provided at the ends for pedestrians to enter and exit at adjacent perpendicular streets or open space areas.
d. Bikeways and other recreational facilities shall be integrated wherever required by the current adopted local and regional bikeway and trails system plans.
e. Coordinate the placement of curb cuts to minimize the width and frequency of curb cuts, to maximize the number and size of on-street parking spaces available, and to promote continuity of the sidewalk.

3. Garage Location.
a. Attached garages may include side entries a. Garage access may be provided from an alley or a detached garage located at the rear of the property . b. Each group of three houses shall have not less than two houses with recessed garages (a minimum of five (5) feet from front house elevation entry) or side entry garages. Detached garages (tied to primary residence with trellis,

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Packet Pg. 1470 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SINGLE-FAMILY DEVELOPMENT 17.425
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-91 breezeway, etc.) located in the rear of the lot shall be considered to meet this principle.
c. All garage doors shall be recessed from adjacent walls with windows to allow for passive lighting.
d. Garages shall be located away from the street side lot line on corner lots. e. Separate pedestrian access to the front door from the driveway. f. Paved driveways shall not occupy more than 35 percent of the front yard setback area; front yard areas may include paved walkways and hardscape features but must maintain a minimum of 40 percent pervious surfaces for landscaping. Deviations to the driveway and pervious surface standards may be considered on lots of 50 feet or less in width. See Section 17.330.100 (Paving Limitations for Driveways in Residential Zones) and Section

17.215305.035090 (Paving within Residential Front Yard Area).

4. Walls and fences.
a. Walls and fences shall be in compliance with Chapter 17.315 (Fences, Walls, and Hedges).
b. All solid perimeter walls shall provide for wall inserts and/or decorative columns or pilasters every 50 feet to provide relief.
c. All exterior community perimeter walls located along public streets shall have an offset a minimum of five (5) feet deep for every 50 linear feet to 75 linear feet of wall length.
d. Community perimeter walls along side and/or rear property lines shall be solid decorative walls located where they do not conflict with existing viewsheds. Wall materials shall be brick, tile, textured concrete, stucco on masonry, or other material approved by the Director which require little or no maintenance. Wall caps are to be incorporated as a horizontal design element at the top of solid walls and should not exceed four (4) inches vertical.
e. Wrought iron or tubular steel perimeter fencing, or other transparent type of fencing, shall be included within projects where there is a viewshed from the community.
f. All solid perimeter walls and/or fences shall be architecturally treated on both sides and shall incorporate landscaping whenever feasible.

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Packet Pg. 1471 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.425 SINGLE-FAMILY DEVELOPMENT
4-92 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 g. Corner lot street side block walls shall be decorative, utilizing materials and colors to compliment to the architectural design of the adjacent structure.

Side yard returns facing a public street shall be an upgraded material, such as block, wrought iron with a mesh privacy screen, and/or woodcrete. Wood fencing is prohibited.
h. Pilasters shall be made of concrete, split face block, or other decorative material shall be provided every 50 linear feet to 75 linear feet of wall length. i. Pilasters shall be provided at property corners or at changes in wall planes. j. All walls shall be provided a decorative cap.
k. All walls shall be placed at the top of slope, whenever feasible.

5. Mailboxes. Where common mailbox services are provided, the enclosure shall be designed to have similar or complementary form, material and color to the surrounding buildings. Mailbox locations must be approved by the U.S. Postal Service.

6. Infill in Existing Neighborhoods. To the extent possible, new single-family development in existing neighborhoods should be integrated with the housing units in the adjacent area.
a. The existing setback of all residences on both sides of the street shall be considered when placing the new residence on the infill lot, or the new home shall be placed equal to the average of the two immediately adjacent residences. In cases where averaging between two adjacent existing residences is chosen, the new residence may be averaged in a stepping pattern between the setbacks of adjacent residences, or the new residence’s entire frontage may be built on the average setback line. b. New development in existing neighborhoods should incorporate design and architectural features of adjacent and nearby structures in a manner that establishes a contextual relationship between existing and new residences.
c. New development shall be compatible with the existing on-site relationships of the existing neighborhood such as front façade orientation, scale of front entries, and prevailing front and side yard setback areas.

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Packet Pg. 1472 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SINGLE-FAMILY DEVELOPMENT 17.425
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-93 E. Landscape Water Use Efficiency. To promote water conservation, within model complexes for all single-family family residential developments the landscape for the models shall be entirely designed with water-saving landscaping and irrigation in compliance with the following requirements (Refer to Chapter 17.325 – Water Efficient Landscape and Irrigation):

1. Plant Materials. Each “water saving” model shall contain exclusively low water use plant materials, as identified in Chapter 17.325—Water Efficient Landscaping and Irrigation.

2. Irrigation System. Each “water saving” model shall contain exclusively an irrigation system that provides a high efficiency in water application according to site conditions and as prescribed by Chapter 17.325—Water Efficient Landscaping and Irrigation.

3. Signs. Each water-saving model complex shall provide the following information to potential buyers in addition to those signing requirements of Chapter 17.325 – Water Efficient Landscape and Irrigation:
a. Front Yard Sign. A four square-foot sign shall be located in the front yard of each “water saving” model such that it is clearly visible to buyers.

The signed shall indicate that the model features a ”water-saving” landscape and irrigation design.
b. Interior Display. A drawing, or combination of drawings, shall be displayed inside each “water saving” model or the sales office, which provides a schematic of the landscape. These drawings shall include a key identifying the common names of the plants use in the water saving model yards. A brochure with the same information may be distributed with the sale information to potential buyers to satisfy this requirement. c. Literature. Additional literature describing water conserving landscaping and irrigation is encouraged to also be made available to the potential buyer or referenced on the interior displays or via brochures. (ord. 16-01, adopted April 5, 2016)
F. Architectural Design Guidelines and Standards. No particular architectural “style” is required for residential structures but the focus should be on the development of a high quality residential environment. In general, the architecture should consider compatibility with surrounding character, including harmonious building style, form, size, color, material, and roofline. Individual dwelling units should be distinguishable from one another.

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Packet Pg. 1473 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.425 SINGLE-FAMILY DEVELOPMENT
4-94 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

1. Massing and Articulation.
a. Massing should accentuate the entry and minimize the garage prominence.
b. Front facades on structures wider than 30 feet should be interrupted by various architectural elements such as balconies, steps, openings, and trellises approximately every 30 feet to appear smaller in scale. c. Housing products should variation in building massing and placement to create contrast in the facades and to allow for more articulated building design.
d. Unbroken wall planes shall not exceed 20 feet. Articulations through the use of varying setbacks, building entries and recesses or structural bays are required to avoid long unbroken building expanses. Minor breaks shall be a minimum of six (6) inches in depth.
e. Features such as porticos, awnings, terraces, balconies, and trellises should be used to provide variations in the building plane.

2. Entryways.
a. Place the primary entryways of the street-fronting homes on the front facades so that the entryways face the street.
b. Transitions such as landings, porches, and patios should be incorporated into the articulation of the primary entryways.
c. Primary entryways shall be well-articulated in order to enhance the overall quality of the entrance. Elements may include, but are not limited to, raised landings, recessed doorways, overhangs, side window panels, and decorative hardscaping in the landing area.
d. Front porches that are at least five (5) feet deep and provide weather protection and shade that allow an opportunity for increased interaction among neighbors are encouraged. Where used, porches may encroach five (5) feet into the required 20-foot front yard.

3. Privacy. Building height, the placement of windows and entries, setbacks and landscaping all contribute to a level of privacy between adjacent properties.

Two-story buildings with windows directly facing an adjacent building may adversely affect the privacy of adjacent units. The following features shall be provided:

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Packet Pg. 1474 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SINGLE-FAMILY DEVELOPMENT 17.425
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-95 a. Two-story buildings directly adjacent to one-story buildings, should be setback and oriented to respect the privacy of the one-story building. b. The direct line-of-sight between dwelling units, specifically bedrooms and bathrooms, shall be minimized by orienting windows, balconies, and entryways so they do not directly face into adjacent property windows or private open space.

4. Roof form and materials.
a. Rooflines and roof shapes should be consistent with the design and structure of the building itself.
b. Roof forms should reflect the façade articulation and building massing, as opposed to a single-mass roof of an articulated façade. c. Roofing materials should be energy efficient and may include, but not be limited to, clay tile, concrete tile, and metal. Wood shake is prohibited.

5. Utilities.
a. Any equipment and/or utility structures, whether in the public right-ofway or on private property, located on the roof, side of the structure, or ground, shall be screened. The method of screening must be architecturally compatible in terms of materials, color, shape, and size. b. Gutters and downspouts should be designed to be integrated with the building façade.

6. Accessory Structures.
a. Accessory structures shall be compatible in architectural design, colors, and materials to the primary residence.

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Packet Pg. 1475 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.425 SINGLE-FAMILY DEVELOPMENT
4-96 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 G. Residential Development Design Evaluation. The evaluation of a residential development shall be substantially in the following format:

Applicant/Case No.:

Description:

Location:

Date:

The following evaluation awards points for design features specified in Section 17.425.020 (Residential Development Design Regulations). The Point Value varies from item to item, as items deemed more important are worth more points than other items. 77 points are possible; 62 points (80%) are required for approval.

SETBACKS & FRONTS OF HOUSES (25 points): Points
1 One in three adjacent houses has a varied front setback of at least 5 feet (3 points). 2 Front entries that face the street (5 points).
3 Active use windows (living room, kitchen) facing street (4 points). 4 Main entry feature that is not a garage door (5 points). 5 Covered front porch(es) at least 5 feet deep (5 points). 6 Varied side setbacks (3 points).

SETBACKS & FRONTS OF HOUSES (25 points possible) TOTAL
GARAGES & DRIVEWAYS (10 points): Points
7 Separate pedestrian access to front door from driveway (3 points). 8 Single/reduced width driveways where possible (3 points). 9 Driveway paving of salt finish, bomanite, stamped or colored concrete, paver stones (4 points).

GARAGES & DRIVEWAYS (10 points possible) TOTAL
ARCHITECTURE (42 points): Points
10 Avoidance of long uninterrupted exterior walls (3 points). 11 Varied texture, relief, design accents on walls (3 points). 12 Recess windows and/or accent trim, fenestration and/or multi-paned glass (4 points). 13 2
nd story setbacks on all street side facades of not less than 5 feet (4 points). 14 Roof articulation with changes in plane, use of gables, hips, dormers (4 points). 15 Privacy protection by juxtaposition of 2-story & 1-story houses and upper floor window placement to achieve privacy (3 points).
16 Variation of houses to create variety & interest (4 points). 17 Use of porches (4 points).
18 Covered entrances (4 points).
19 Single-story and/or low-mass houses on corners (3 points). 20 Form & scale, with houses in proportion to area of lot (3 points). 21 Common mailbox architectural treatment (3 points).

ARCHITECTURE (42 points possible) TOTAL

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Packet Pg. 1476 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) SINGLE-FAMILY DEVELOPMENT 17.425
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-97 Applicant/Case No.:

Description:

Location:

Date:

The following evaluation awards points for design features specified in Section 17.425.020 (Residential Development Design Regulations). The Point Value varies from item to item, as items deemed more important are worth more points than other items. 77 points are possible; 62 points (80%) are required for approval.

GARAGE & ARCHITECTURAL FEATURES: No points are awarded for these items. Either a “Y” (Yes) or “N” (No) will be awarded. Plans must include the items below, with a “Yes” determination for at least three (3) items.

Y or N
22 Two out of three homes with recessed, side entry, or detached garages at side or rear. 23 Garages that do not dominate street scene.
24 Garages doors recessed from adjacent walls, with windows. 25 Rear facades adjacent to streets with balconies, verandas, patio covers, window boxes or similar features.
26 Roofing materials of tile, slate or metal.

WALLS & FENCES: No points are awarded for these items. Plans must include the items below, with a “Yes” determination for all items.

Y or N
27 Corner lots with decorative walls including return to house. 28 Walls with continuous planes greater than 50’ with 2’ change in plane for at least 10 feet or the use of pilasters at 50-foot intervals.
29 Pilasters at property corners or at changes in wall planes. 30 Decorative caps on all walls.
31 Walls placed at top of slopes.
32 Side yard wall returns facing street of decorative block, wrought iron with mesh privacy screen, or woodcrete (no wood allowed).

LANDSCAPING: No points are awarded. A Landscape Planting Plan must be evaluated and receive a “Yes” determination.

Y or N
33 Front yard landscaping, parkway and entry monumentation landscape treatments to meet the Landscape Design Guidelines, as defined in Section 17.800.130.

EVALUATION SUMMARY:
77 points possible, project must receive a minimum of 62 points (80%) for approval, and
Garage & Architectural Features, Walls & Fences, and Landscape items 22 – 33 must answer “Yes” to all items.

Points Overall
Total
Y or N
COMMENTS:

The project received points (62 points are required for approval).

Garage & Architectural Features received ___ Yes and ___ No determinations.

Walls & Fences received ___ Yes and ___ No determinations.

Landscaping received a Yes/No determination.

RECOMMENDATION: Approve / Deny / Continue the project, as it does / does not meet the Residential Development Design Regulations (Section 17.425.020) and the City’s Landscape Design Guidelines, as defined in Section 17.800.130 (Definitions, "L").

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Packet Pg. 1477 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.427425 MIXED-USE DEVELOPMENT
4-98 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.427 — Mixed-Use Development
Sections:

17.427.010 — Purpose

17.427.020 — Applicability

17.427.030 — Processing

17.427.040 — Commercial Development

17.427.050 — Mixed-Use Development

17.427.060 — Live/Work Units

17.427.070 — Multi-Family Development

17.427.080 — Single-Family Development

17.427.010 — Purpose
This Chapter provides standards for the development of mixed-use projects, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). The primary intent of these development standards is to balance the needs of nonresidential uses for access, visibility, parking, loading, safety, and economic development with the needs of residential uses for privacy, security, and relative quiet. These standards and guidelines shall be utilized during the design of the project as well as during the City’s development review process to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

17.427.020 — Applicability
A. These standards and guidelines shall apply to all proposed mixed-use projects, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

B. Low-cost housing projects are entitled to density bonuses or other incentives identified in Chapter 17.310 (Affordable Housing – Density Bonuses).

17.427.030 — Processing
A. Projects of up to 100 acres, or 499 units shall be subject to the Site Plan and Design Review process in compliance with Chapter 17.630.

B. Projects of 100 acres or more, or 500 units or more, shall be required to file either an application for approval of a:

1. Planned Development Permit in compliance with Chapter 17.620; or

2. Specific Plan in compliance with Chapter 17.635.

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Packet Pg. 1478 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-99

17.427.040 — Commercial Development
A. Commercial development shall comply with the standards for specific uses in Chapter

17.430 (Standards for Specific Uses) where applicable, in addition to the development standards in Article 2.

B. Site Design.

1. Where commercial developments are adjacent to sensitive non-commercial uses, appropriate buffering techniques, such as setbacks, screening, and/or landscaping should be provided.

2. Locate surface parking to the sides and rear of the lot with building massing oriented to the street, to the greatest extent possible. Provide parking lots with adequate auto and pedestrian-scale lighting and security as a safety feature. All lighting shall be directed downward and shielded so as not to spill over onto neighboring properties in compliance with Section 17.300.080 (Outdoor Light and Glare).

3. Variations in the front building plane shall be incorporated through the use of varying building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.

4. At least 75% of the building frontage facing a public street shall be made up of pedestrian-oriented features, including, but not limited to, storefronts, pedestrian entrances to non-residential uses, transparent display windows, landscaping.

5. Site layout strategies shall be implemented to preserve natural landforms and rock outcroppings.

C. Site Access.

1. Easily identifiable pedestrian access shall be provided from the street, sidewalk, parking areas, and bus stops to building entrances and key areas within the site.

2. Building entries shall be designed so they are visible from the street, parking lot, or other access point, and connect to the public sidewalk.

3. Pedestrian movement to and along sidewalks shall be clear and unobstructed.

4. Parking area circulation should minimize conflict between pedestrian and vehicular traffic.

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Packet Pg. 1479 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.427425 MIXED-USE DEVELOPMENT
4-100 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Loading and Storage Areas.

1. Loading and outdoor storage areas shall be screened from view from public streets and adjacent uses. Loading areas shall be similar or compatible in design and details with the overall project. The location and design of loading areas shall mitigate nuisances from glare, light, noise, and odors when residential uses might be impacted. The number, size, and design of the loading areas shall be in compliance with Section 17.330.080 (Parking Design and Development Standards).

2. Loading and storage areas should be located as far as possible from the public street and adjacent properties.

E. Parking and Circulation.

1. Parking shall be screened from the street by landscaping, berming, low walls or fences, or buildings.

2. Parking areas shall be well-landscaped with a variety of shrubs and canopy trees.

3. Provided parking should encourages motorists to "park once" (i.e., park once and then walk to jobs, shops, restaurants, and entertainment, without having to get back into vehicles until ready to leave the site).

F. Signs. The design and location of signs shall comply with Chapter 17.335 (Sign Standards).

G. Landscaping. Required setback areas and open space areas shall be landscaped and maintained in compliance with Chapter 17.325 (Water Efficient Landscape and Irrigation).

H. Lighting. Outdoor lighting shall be appropriately designed, located, and shielded to ensure that it does not negatively impact the surrounding uses in compliance with Section 17.300.080 (Outdoor Light and Glare).

I. Signs. The design and location of signs shall comply with Chapter 17.335 (Sign Standards).

J. Building form.

1. Buildings shall incorporate architectural design elements and materials that relate to a pedestrian scale such as arches, trellises or awnings.

2. Corner buildings at street intersections shall incorporate architectural elements including prominent towers, cornice features, roof shapes and roof line variation.

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Packet Pg. 1480 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-101

3. Unbroken wall planes shall not exceed 30 feet. Articulations through the use of varying setbacks, building entries and recesses or structural bays are required to avoid long unbroken building expanses. Minor breaks shall be a minimum of one (1) foot deep and four (4) feet wide.

4. For every 100 feet of building length, there shall be a plane-break along the façade comprised of an offset of at least five (5) feet in depth by 25 feet in length.

The offset shall extend from grade to the highest story.

5. Projections, recesses and overhangs shall be used to provide shadow and depth.

6. Roof levels, pitch directions and forms on large buildings shall be varied to decrease the apparent scale of the building.

17.427.050 — Mixed-Use Development
A. Development standards generally. Mixed-use developments shall comply with the development standards in Article 2. Other Sections in Article 4 on specific uses may apply depending upon the type of development/use being proposed.

B. Site design.

1. Where commercial developments are adjacent to sensitive non-commercial uses, appropriate buffering techniques, such as setbacks, screening, and/or landscaping should be provided.

2. Locate surface parking to the sides and rear of the lot with building massing oriented to the street, to the greatest extent possible. Provide parking lots with adequate auto and pedestrian-scale lighting and security as a safety feature. All lighting shall be directed downward and shielded so as not to spill over onto neighboring properties in compliance with Section 17.300.080 (Outdoor Light and Glare).

3. Variations in the front building plane shall be incorporated through the use of varying building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.

4. At least 75% of the building frontage facing a public street shall be made up of pedestrian-oriented features, including, but not limited to, storefronts, pedestrian entrances to non-residential uses, transparent display windows, landscaping.

5. Building entries shall face the primary street with pedestrian access provided from sidewalks to all building entries, parking areas, and publicly accessible

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Packet Pg. 1481 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.427425 MIXED-USE DEVELOPMENT
4-102 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 open spaces. For larger sites with multiple buildings, building entries may also be oriented to face internal open spaces, paseos, and recreational amenities.

6. If adjacent to a single-family residential zone, windows, balconies or similar openings shall be oriented so as not to have a direct line-of-sight into adjacent units or onto private patios or backyards adjoining the property line. This can be accomplished through: stepbacks of upper stories; window placement; use of clerestory windows, glass block or opaque glass; or mature landscaping within the rear or side setback areas.

7. Arrange buildings to provide functional and accessible outdoor spaces to all residents.

8. Site layout strategies shall be implemented to preserve natural landforms and rock outcroppings.

C. Site Access.

1. Easily identifiable pedestrian access shall be provided from the street, sidewalk, parking areas, and bus stops to building entrances and key areas within the site.

2. Face building entries so they are visible from the street and connect to the public sidewalk.

3. Allow pedestrian movement to and along sidewalks to be clear and unobstructed.

4. Parking area circulation should minimize conflict between pedestrian and vehicular traffic.

5. Separate site access driveways should be provided, for nonresidential and residential uses.

6. Pedestrian access shall be provided from the sidewalk at the street frontage to building entries and parking areas.

7. Site access driveways shall incorporate distinctive design elements, landscape features, and signs to help differentiate access to nonresidential parking areas from access to residential parking areas.

8. Pedestrian connections shall be provided to adjacent amenities, paths or trials, and/or connections to adjacent properties.

9. The street frontage(s) shall integrate a thoughtful landscape that is appropriate to the context of the building and surrounding streetscape.

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Packet Pg. 1482 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-103 D. Loading and Storage Areas.

1. Loading and outdoor storage areas shall be screened from view from public streets and adjacent uses. Loading areas shall be similar or compatible in design and details with the overall project. The location and design of loading areas shall mitigate nuisances from glare, light, noise, and odors when residential uses might be impacted. The number, size, and design of the loading areas shall be in compliance with Section 17.330.080 (Parking Design and Development Standards).

2. Loading and storage areas should be located as far as possible from the public street and adjacent properties.

E. Parking and Circulation.

1. Parking shall be screened from the street by landscaping, berming, low walls or fences, or buildings.

2. Parking areas shall be well-landscaped with a variety of shrubs and canopy trees.

3. Provide parking that encourages motorists to "park once" (i.e., park once and then walk to jobs, shops, restaurants, and entertainment, without having to get back into vehicles until ready to leave the site).

4. Parking facilities shall be separate for nonresidential uses and residential uses. If enclosed parking is provided for the entire mixed-use complex, separate areas/levels shall be provided for nonresidential and residential uses with separate building entrances, whenever possible, subject to confirmation and approval by the applicable review authority. Guest parking for the residential uses may be shared with the nonresidential uses.

5. The architecture of separate parking structures shall be consistent with the architecture of the primary structures in materials and design.

F. Open space.

1. Size. Common and private open space that creates a pleasant living environment with opportunities for recreation shall be provided for the residential uses in compliance with Section 17.420.040 (Development Standards).

2. Location. Common open space may be provided on rooftops and may include rooftop pools and spas, fitness centers, and related restroom facilities, provided that the space is restricted for the use of residents only.

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Packet Pg. 1483 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.427425 MIXED-USE DEVELOPMENT
4-104 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

3. Sharing. In general, common open space areas for residential uses shall be separated from nonresidential uses on the site. However, the sharing of common open space may be allowed by the review authority when it is clear that the open space will provide direct benefit to residents. Parking and maneuvering areas shall not be considered common open space.

G. Landscaping. Landscaping shall be in compliance with Chapter 17.325 (Water Efficient Landscape and Irrigation). In addition, common open space areas above the ground level shall be landscaped using containerized plant materials that are irrigated by an automatic irrigation system and adequately drained.

H. Lighting. Outdoor lighting shall be appropriately designed, located, and shielded to ensure that it does not negatively impact the residential uses in compliance with Section

17.300.080 (Outdoor Light and Glare).

1. Building entrances and street numbers shall be well-lit and illuminated to be visible from the street.

2. Walkways, access, and parking lots shall be illuminated with a minimum of one (1) foot-candle to ensure safe nighttime conditions.

3. Building mounted security lighting fixtures shall not project above the fascia or roof of the building.

4. The style of lighting fixtures shall be the same or similar to the building’s design and architectural style.

5. Street lighting within the development shall be a maximum of 15 feet high.

6. All lighting shall be directed downward and shielded so as not to spill over onto neighboring properties in compliance with Section 17.300.080 (Outdoor Light and Glare).

I. Laundry facilities. Each dwelling unit shall be provided with hook-up for washing machine and clothes dryer in the interior of the unit or common laundry facilities shall be provided on the site.

J. Storage space. Each dwelling unit shall be provided a minimum of 120 cubic feet of secured storage space. The storage space may be within a fully enclosed garage as long as the storage space is in addition to the parking space(s) required. The storage space may also be located on a patio, balcony, or deck as long as it is in addition to the required private open space. Cabinet and closet space within the dwelling unit shall not count towards meeting this requirement.

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Packet Pg. 1484 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-105 K. Trash enclosures.

1. Recycling and refuse storage facilities for nonresidential uses shall comply with Section 17.305.130 (Solid Waste/Recycling Facilities).

2. Locate recycling and trash enclosures away from building fronts and major entries, and/or screen such receptacles from view in fixed enclosures.

3. Trash receptacles shall be accessible for trash collection but shall not block circulation drives near loading areas or conflict with parking.

4. Place landscaping on three sides of trash enclosure. Provide landscaping on two sides of trash enclosure if enclosure is attached to a building.

5. Enclosures shall be separated from adjacent parking stalls with a minimum 5- foot-wide planter area.

6. Provide a separate side pedestrian access to all trash enclosures.

L. Screening and buffering. In addition to the standards in Section 17.305.110 (Screening and Buffering), the following shall apply:

1. Loading areas and recycling and refuse storage facilities. Loading areas and recycling and refuse storage facilities for nonresidential uses shall be completely screened from view from adjacent residential portions of the project or other adjacent residential uses.

2. Roof-mounted equipment. Roof-mounted equipment shall be completely screened from public views from the ground elevation.

3. Noise-generating equipment. Noise-generating equipment (e.g., refrigeration units, air conditioning, exhaust fans, etc.) shall require special consideration in their location and screening in order to avoid creating a nuisance.

M. Signs. The design and location of signs shall comply with Chapter 17.335 (Sign Standards).

N. Walls and fences.

1. Walls and fences shall be in compliance with Chapter 17.315 (Fences, Walls, and Hedges).

2. Perimeter walls along side and/or rear property lines shall be solid decorative walls located where they do not conflict with existing viewsheds. Wall materials shall be brick, slump stone, tile, textured concrete, stucco on masonry, or steel framing, or other material walls which require little or no maintenance. Plain

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Packet Pg. 1485 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.427425 MIXED-USE DEVELOPMENT
4-106 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 concrete block walls or chain link fencing with inserts shall not be used as wall materials.

3. Wall caps shall be incorporated as a horizontal design element at the top of solid walls and should be exceed four (4) inches vertical.

4. Wrought iron or tubular steel fencing, or other transparent type of fencing should be included within projects where there is a viewshed from the project site and for fencing along the street frontage.

5. The style and materials of the wall shall be the same or similar to the architectural style of the project.

6. All exterior perimeter walls located along public streets shall have an offset of a minimum of five (5) feet deep for every 50 linear feet to 75 linear feet of wall length.

7. All solid perimeter walls shall provide for wall inserts and/or decorative columns of pilasters every 20 feet to provide relief.

8. All solid perimeter walls and/or fences shall be architecturally treated on both sides and shall incorporate landscaping whenever feasible.

O. Building form.

1. Buildings shall incorporate architectural design elements and materials that relate to a pedestrian scale such as arches, trellises or awnings.

2. Corner buildings at street intersections shall incorporate architectural elements including prominent towers, cornice features, roof shapes and roof line variation.

3. Unbroken wall planes shall not exceed 30 feet. Articulations through the use of varying setbacks, building entries and recesses or structural bays are required to avoid long unbroken building expanses. Minor breaks shall be a minimum of one (1) foot deep and four (4) feet wide.

4. For every 100 feet of building length, there shall be a plane-break along the façade comprised of an offset of at least five (5) feet in depth by 25 feet in length.

The offset shall extend from grade to the highest story.

5. Projections, recesses and overhangs shall be used to provide shadow and depth.

6. Window and door type, material, shape, and proportion shall complement the architectural style of the building.

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Packet Pg. 1486 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-107

7. Primary building entrances shall be oriented to the major street on which the structure has frontage, street corner, courtyard, plaza, park, or other structures on the site but not to interior blocks or parking lots/structures. A structure may have other entrances as long as direct, barrier-free pedestrian access is provided to all entrances.

8. In vertical mixed-use buildings, differences in architectural details and/or materials shall be used to differentiate between the residential and nonresidential uses.

9. Roof levels, pitch directions and forms on large buildings shall be varied to decrease the apparent scale of the building.

P. Sound mitigation. Residential dwelling units shall be designed to be sound attenuated against present and future project noise. New projects or new nonresidential uses in existing projects shall provide an acoustical analysis report, by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards.

17.427.060 — Live/Work Units
This Section provides standards for the development of live/work units and for the reuse of existing nonresidential structures to accommodate live/work opportunities. Live/work units are intended to be occupied by business operators who live in the same structure that contains the nonresidential activity. In addition to complying with the standards in Section 17.427.050, the following standards are applicable to live/work units.

A. Limitations on use. The nonresidential component of a live/work unit shall only be a nonresidential use allowed within the nonresidential zone in which the unit is located. A live/work unit shall not be established or used in conjunction with any of the following activities:

1. Adult-oriented businesses;

2. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.;

3. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use; or

4. Other activities or uses, not compatible with residential activities and/or that have the possibility of affecting the health or safety of live/work unit residents, because of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.

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Packet Pg. 1487 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.427425 MIXED-USE DEVELOPMENT
4-108 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 B. Site planning and design standards.

1. Floor area. The minimum net total floor area of a live/work unit shall be 1,000 square feet. Floor areas, other than areas used for living space, shall be regularly used for working and display space.

2. Features.
a. Each live/work unit fronting a public street shall have a pedestrianoriented frontage that publicly displays the interior of the nonresidential areas of the structure.
b. A minimum of 80 percent of a structure's street front facade at street level shall be occupied by nonresidential uses.
c. A minimum of 51 percent of the portion of a structure's street front facade that contains required nonresidential use shall be at or above sidewalk grade.
d. Each live/work unit shall have a minimum floor-to-floor interior height of 14 feet.
e. Parking for live/-work units shall be prohibited in front of the structure.

3. Separation of units. Where more than one live/work unit is proposed within a single structure, each live/work unit shall have separate entrances.

4. Access to units. Access to individual units shall be from common access areas, corridors, courtyards, or hallways.

5. Integral layout.
a. The living space within the live/work unit shall be contiguous with the working space, with direct access between the two areas, and shall not be a separate stand-alone dwelling unit.
b. The residential component shall not have a separate street address from the business component.

6. Compatibility. The establishment of live/work units shall not conflict with nor inhibit commercial or industrial activities in the adjacent area.

7. Parking. Parking for each live/work unit shall be provided in compliance with Chapter 17.330 (Off-Street Parking and Loading).

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Packet Pg. 1488 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-109

8. Landscaping. Landscape and Irrigation Plan shall be submitted pursuant to Chapter 17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)

9. Changes to existing structure. Changes to the exterior appearance of an existing structure to accommodate live/work units shall be compatible with adjacent nonresidential uses.

C. Operating standards.

1. Business license. At least one resident in each live/work unit shall maintain a valid Business License for a business or activity on the premises in compliance with Municipal Code Chapter 5.04 (Business Licenses Generally).

2. Client and customer visits. Client and customer visits to live/work units shall be allowed.

3. Nonresident employees. Up to two persons who do not reside in the live/work unit may work in the unit; provided that their employment in the unit shall comply with applicable California Building Code (UBC) requirements.

4. Outdoor activities. Live/work uses shall be conducted entirely within the enclosed structure. A Minor Use Permit may allow outdoor activities (e.g., outdoor dining, outdoor display during business hours, etc.).

5. Notice to occupants. The owner or developer of a structure containing live/work units shall provide written notice to all live/work occupants, tenants, and users indicating that the surrounding area may be subject to levels of dust, fumes, noise, or other impacts associated with commercial or industrial uses at higher levels than would be expected in more predominantly residential areas. Noise and other standards shall be those applicable to nonresidential uses in the zone in which the live/work units are located, in compliance with Section 17.300.060 (Noise).

6. Sale or rental of portions of unit. The living space and the working space of a live/work unit may not be separately sold or rented.

7. Security. Security shall properly reflect the needs of businesses with on-site sales, employees, and customers.

8. Changes in use. After approval, a live/work unit shall not be converted to an entirely residential use and may be converted to an entirely nonresidential use.

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Packet Pg. 1489 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.427425 MIXED-USE DEVELOPMENT
4-110 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.427.070 — Multi-Family Development
Multi-family developments shall comply with the standards for multi-family developments in Chapter 17.420 (Multi-Family Development), in addition to the development standards in Chapter 17.227 (Mixed-Use Zones).

17.427.080 — Single-Family Development
Single-family development shall comply with the standards for single-family development in Chapter 17.425 (Single-Family Development), in addition to the development standards in Chapter 17.227 (Mixed-Use Zones).

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Packet Pg. 1490 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-111 Chapter 17.430 — Standards for Specific Land Uses
Sections:

17.430.010 — Purpose

17.430.020 — Applicability

17.430.030 — Agritourism

17.430.040 — Alcohol Sales

17.430.050 — Animal-Keeping

17.430.060 — Animal Sales and Services

17.430.070 — Arcades

17.430.080 — Automated Teller Machines (ATMs)

17.430.090 — Bed and Breakfast Inns

17.430.100 — Cargo Containers

17.430.110 — Community Care Facilities

17.430.120 — Community Gardens

17.430.130 — Conversion of Residential Structures

17.430.140 — Cottage Businesses

17.430.150 —Day Care Facilities

17.430.160 — Donation Boxes

17.430.170 — Drive-Through Thru Facilities

17.430.180 — Electric Vehicle Charging Stations

17.430.190 — Emergency Shelters

17.430.200 — Limited, Seasonal Farming

17.430.210 — Live Entertainment

17.430.220 — Mobile/Manufactured Homes

17.430.230 — Outdoor Dining

17.430.240 — Outdoor Displays and Sales

17.430.250 — Outdoor Storage

17.430.260 — Recreational Vehicle Parks

17.430.270 — Recycling Facilities

17.430.280 — Residential Care Facilities

17.430.290 — Satellite/Dish Antenna and Amateur Radio Antenna

17.430.300 — Senior Residential Projects

17.430.310 — Service Stations (Gas Stations)

17.430.320 — Shopping Centers

17.430.330 — Solar Energy Systems; Expedited Permitting for Small Residential Rooftop Solar Energy Systems

17.430.340 — Tobacco Stores

17.430.350 — Vehicle Storage and Towing and Storage

17.430.360 — Wind Energy Systems

17.430.370 — Wireless Telecommunication Facilities

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Packet Pg. 1491 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.430 STANDARDS FOR SPECIFIC LAND USES
4-112 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

17.430.010 — Purpose
This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) within individual or multiple zones, and for activities that require special standards to mitigate their potential adverse impacts.

17.430.020 — Applicability
The land uses and activities covered by this Chapter shall comply with the provisions of each Section applicable to the specific use, in addition to all other applicable provisions of this Development Code.

A. Where allowed. Each use shall be located only where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

B. Planning permit requirements. Each use shall be authorized by the planning permit required by Article 2, except where a planning permit requirement is established by this Chapter for the specific use, and the Water Efficient Landscape and Irrigation approval required by Chapter 17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)
C. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to all other applicable provisions of this Development Code (e.g., Articles 2 and 3, etc.).

1. The land use tables in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and the specific characteristics of the use, as defined in Article 8 (Definitions), determine when the standards of this Chapter apply to a specific land use.

2. In the event of any conflict between the requirements of this Chapter and those of Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) or Article 3 (Site Planning and Development Standards), the requirements of this Chapter shall control.

17.430.030 — Agritourism
This Section provides standards for Agritourism. These provisions are intended to ensure that Agritourism activities do not adversely impact adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, traffic, or visual blight.

A. Generally. Agritourism is an agricultural based operation that brings visitors to a farms, vineyards, equestrian uses or ranches. Agritourism may include hotels, bed and breakfast, restaurants (no drive-thru), tasting rooms, live entertainment, private events,

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Packet Pg. 1492 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-113 day spa, delicatessen, golf courses, alcohol sales, or other similar and incidental uses determined appropriate by the City Council.

B. Review Authority. Establishment of an Agritourism use requires a Conditional Use Permit approved by the City Council. The Commission shall serve as an advisory capacity on any Agritourism CUP.

C. Development Standards.

1. Lot size. The minimum lot size for Agritourism shall be 10 acres.

2. Access. The primary facility shall have direct access to a Collector, Major or Arterial roadway.

3. Paving. The driveway and parking lot areas shall be paved per Section 17.730 of the Development Code.

4. Setbacks. All Agritourism building and common areas (i.e. Patios, outdoor dining, parking, etc.) shall be located a minimum of 100 feet from property line.

5. Street Improvements. Full street improvements shall be required per City Engineer.

6. Minimum Requirement. A minimum of 75% of the lot shall be utilized by the agricultural, vineyard, or ranch use unless a lower percentage is expressly approved by the City Council.

D. Other Standards and Requirements. The Director or Commission may recommend, and the City Council may impose, any other standards, requirements, conditions, etc. related to the use, necessary for the protection of public health and safety including, but not limited to:

1. Hours or days of operation

2. Access requirements

3. Additional setbacks or buffers

4. Separation of uses

5. Noise control or limitations

6. Odor control or limitations

7. Annual reviews of the cup

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Packet Pg. 1493 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.430 STANDARDS FOR SPECIFIC LAND USES
4-114 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

8. Security requirements

9. Time limits on the permit

10. Far or density

11. Limits on outdoor storage

12. Screening from public rights of way

13. Age restrictions

14. Limitation on entertainment

15. Pedestrian connectivity

16. Parking

17.430.040 — Alcohol Sales
This Section provides standards for the establishment and operation of establishments that sell alcoholic beverages for on-site or off-site consumption, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

A. Applicability. No person, association, partnership, or corporation shall conduct, establish or advertise any alcoholic beverage sales use in the City of San Jacinto without first applying for and obtaining the required permit in accordance with the applicable zoning regulations of Title 17, Article II (Zones, Allowable Land Uses, and Zone-Specific Standards) and this Section 17.430.040.

B. Exemptions. The following activities are exempt from the requirements of this section:

1. Any “special event” for which a permit has been issued by the City, if the application information for the special event indicates that the sale and/or service of alcoholic beverages will occur and all necessary permits from the Department of Alcoholic and Beverage Control (ABC) have been obtained.

2. Any social gathering within a private residence or business that is not required to be licensed for alcohol sales or services in accordance with the California Alcohol Beverage Control Act.

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Packet Pg. 1494 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-115 C. Alcohol Beverage Sales Permit Requirements.

1. Off-Sale. Any establishment, business or facility that proposes to engage in the off-sale of alcoholic beverages shall obtain a Conditional Use Permit pursuant to Chapter 17.605 (Conditional Use Permit), except for the following uses:
a. Establishments that do not propose to sell alcohol as their principal business and that contain 10,000 square feet or more of gross floor area. b. Florist shops that propose the incidental sale of wine along with gift or floral baskets.

2. On-Sale. Any establishment, business or facility that proposes to engage in the on-sale of alcoholic beverages shall obtain a Minor Use Permit pursuant to Chapter 17.605 (Minor Use Permit), except for the following uses:
a. Bona fide easting establishment with an ABC type 23, 41, 47 or 49 license subject to the following:
i. The premises contains a kitchen or food-servicing area in which a variety of food is prepared and cooked.
ii. The primary use of the premises is for sit-down food service to patrons.
iii. The premises serves food to patrons during all hours the establishment is open for customers.
iv. If there is a separate area primarily intended for the consumption of alcoholic beverages, it does not constitute more than 30 percent of the public access floor area.
v. The premises is defined as a "bona fide public eating place" by the State of California Department of Alcoholic Beverage Control. vi. Any outdoor dining or gather space shall not located within 100 feet of any existing residential dwelling or property zoned for residential use. This provision shall not apply to residential uses that are a part of a mixed use zone or mixed use project. b. On-Site Tasting for business exempted from a Conditional Use Permit under subsection 1 above.

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Packet Pg. 1495 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.430 STANDARDS FOR SPECIFIC LAND USES
4-116 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17

3. The following changes in an ABC license shall require the processing of a new, or revised, Conditional Use Permit or Minor Use Permit, unless exempted in subsection 1 or 2 above:
a. Any upgrade in the type of existing ABC license (e.g., an upgrade from sale of beer and wine to sale of spirits, etc.).
b. Any increase in the floor area devoted to alcohol sales in an ABC licensed establishment.
c. Any change in operating conditions from what was originally imposed by the City or ABC, including any change of hours of operation or entertainment.
d. A request to establish live entertainment or dancing in an ABC licensed establishment.

7. Any ABC licensed establishment that has its license revoked, suspended or surrenders its license to ABC or discontinues use of the license for 30 days or has its Conditional Use Permit, or Minor Use Permit revoked.

D. Development standards. The following standards shall apply to establishments that sell alcoholic beverages for on-site or off-site consumption:

1. Off-Sale Minimum separation distances. Establishments shall be located a minimum distance of:
a. 600 feet away from a public or private school (preschool thru 12th grade), place of worship, public park, youth facility, or other similar use, as measured from any point upon the exterior walls of the structure or the leased space containing the business to the nearest property line of the school, place of worship, or park property.
b. 100 feet away from an existing residential dwelling or property zoned for residential uses, except for mixed-use projects and projects located in the Downtown Village Zone, as measured from any point upon the exterior walls of the structure or the leased space containing the business to the nearest property line of the residential property.
c. 100 feet away from a pool hall/billiard parlor, if alcoholic beverages are sold for on-site consumption in compliance with Municipal Code Section

5.36.050 (Serving of alcoholic beverages restricted).

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Packet Pg. 1496 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-117

2. On-Sale Minimum separation distances. Establishments shall be located a minimum distance of:
a. 600 feet away from a public or private school (preschool thru 12th grade), place of worship, public park, youth facility, or other similar use, except for mixed-use projects and projects located in the Downtown Village Zone, as measured from any point upon the exterior walls of the structure or the leased space containing the business to the nearest property line of the school, place of worship, or park property.
b. 100 feet away from an existing residential dwelling or property zoned for residential uses, except for mixed-use projects and projects located in the Downtown Village Zone, for any outdoor dining area as measured from the outdoor area to the nearest property line of the residential property.

The Director may reduce this requirement with approval of a Minor Use Permit.

3. Development standards for all alcohol sales.
a. The business shall be in a location that is fully visible from a public street with an unobstructed view from the public street for public safety. b. The business shall have lighting to provide illumination for security and safety of parking and access areas at no less than one foot candle of lighting at ground level. On-site lighting plans shall be submitted for review and approval by the City.
c. The premises on which the business is located shall be posted to indicate that it is unlawful for any person to drink or consume any alcoholic beverage in any public place or posted premises.
d. All requirements of Chapter 9.24 – Consumption of Tobacco, Alcohol, Alcoholic Beverages and Cannabis by Persons Under the Age of Eighteen (18) years shall be maintained. (Ord. 19-10, Adopted June 18, 2019) e. The management at each location selling alcoholic beverages for 0ff-site consumption pursuant to this section shall be responsible for educating the public regarding drunk driving laws and the related penalties for breaking those laws. (This includes minimum age law, open container law and driving while intoxicated law.) This can be accomplished by posting prominent signs, decals or brochures at the point of purchase and providing adequate training of employees.
f. Within forty-eight (48) hours of any graffiti being painted or marked upon the premises or on any adjacent area under the control of the

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Packet Pg. 1497 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.430 STANDARDS FOR SPECIFIC LAND USES
4-118 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 permittee, the permittee shall report the graffiti to the San Jacinto Code Enforcement Department and remove or paint over the graffiti. g. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.
h. There shall be no interior displays of alcoholic beverages or signs promoting alcohol sales, which are clearly visible to the exterior. No more than twenty-five percent (25%) of the square footage of each of the windows and clear doors of an establishment selling alcohol for the offsite consumption shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises.
i. The permittee shall remove litter from the premises, public sidewalks and parking lots daily, and shall keep the areas swept weekly to prevent debris buildup. Trash cans shall be added and "No Littering" signs shall be posted on the premises.
j. Loitering is prohibited on or around the premises. "No Loitering" signs (size and location to be determined by the city) are required. k. The business shall comply with all ABC requirements regarding the minimum age to sell, serve, or dispense alcoholic beverages. l. The owner and management of each establishment selling alcoholic beverages shall provide ABC approved and/or certified training for all employees who sell or serve alcoholic beverages at the first available opportunity or no later than thirty (30) days from the employee's date of employment.
m. The permittee shall maintain records which reflect separately the gross sale of alcoholic beverages and the gross sales of all other products of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the police department within five (5) business days following notice.
n. Sales of alcoholic beverages shall be prohibited from a drive-thru lane or drive-thru window.

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Packet Pg. 1498 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044)) STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 202212 4-119 E. Variances. The review authority may approve a Variance from the development standards in Subsection D, above. Requests for a Variance shall increase the notice of public hearing requirements in Section 17.710.020 (Notice of Hearing) from a 300-foot radius to a 1,000-foot radius from the exterior boundaries of the subject property.

F. Permit conditions. In approving a Minor Use Permit or Conditional Use Permit to establish a use selling alcoholic beverages, the review authority may impose conditions (e.g., security and safety measures, lighting, noise buffers, parking, etc.) on the use to ensure that it operates in a manner that provides adequate protection of the public health, safety, and general welfare.

G. Transfer of Conditional Use Permits and Minor Use Permits. No Conditional Use Permit or Minor Use Permit may be transferred from one property, address, location or business to another.

H. Findings. In determining whether to approve a Minor Use Permit or Conditional Use Permit application for alcoholic beverage sales and the conditions to impose on the use, the review authority shall first make all the following findings in addition to the findings required in Section 17.605.060 (Findings and Decision):

1. The proposed use will not be detrimental to surrounding properties and neighborhoods including ensuring that the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures;

2. The proposed use will not adversely impact the suitability of adjacent commercially zoned properties for commercial uses;

3. The proposed use will not adversely affect the welfare of residents in the area or result in an undue concentration in the neighborhood of establishments dispensing alcoholic beverages, including beer and wine. For purposes of this Subparagraph, “undue concentration” shall be as defined in Business and Professions Code Section 23958.4; and

4. Notwithstanding Subparagraph 3 above, the review authority may approve a Conditional Use Permit despite an undue concentration of establishments dispensing alcoholic beverages, as defined in Business and Professions Code 23958.4, if the review authority first finds that the public convenience and necessity would be served by the issuance of the Conditional Use Permit and the use otherwise meets the remaining findings of this Subsection.

I. Public Convenience or Necessity (PCorN). Where the Department of Alcoholic Beverage Control (ABC) determines that an area has an over concentration of alcoholic beverage licenses and/or a higher than average crime rate ABC may deny an application

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Packet Pg. 1499 Attachment: B.5 - Exhibit E Article 4 (Redline Version) (Introduction of Ordinance No. 23-08 (P23-044))

17.430 STANDARDS FOR SPECIFIC LAND USES
4-120 DECEMBER 202212 SAN JACINTO DEVELOPMENT CODE, TITLE 17 for alcohol sales unless the City’s Review Authority makes a determination that public convenience or necessity will be served by the proposed project.

1. Findings. A determination of public convenience shall be based upon the following findings:
a. The public convenience would be served by the establishment of the proposed use.
b. The proposed use is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages. c. The proposed use would not be detrimental to the public health, safety, or welfare.
d. The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area. e. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan.