ARTICLE 4 STANDARDS FOR SPECIFIC LAND USE
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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 STANDARDS FOR SPECIFIC LAND USE ARTICLE 4
4-2 DECEMBER 2022 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..................................4-524-51
17.410.010 — Purpose ...........................................................................................................4-524-51
17.410.020 — Applicability...................................................................................................4-524-51
17.410.030 — Subdivision Processes for New Condominiums.......................................4-524-51
17.410.040 — Subdivision Processes for Condominium Conversions ...........................4-544-53
17.410.050 — Development Standards for All Condominiums ......................................4-584-57
17.410.060 — Development Standards for New Condominiums ...................................4-614-60
17.410.070 — Development Standards for Condominium Conversions .......................4-634-62 Chapter 17.415 — Mobile Home Parks and Mobile Home Subdivisions ..........................4-654-64
17.415.010 — Purpose ...........................................................................................................4-654-64
17.415.020 — Applicable Law and Regulations ................................................................4-654-64
17.415.030 — Permit Requirements.....................................................................................4-654-64
17.415.040 — Mobile Home Parks.......................................................................................4-664-65
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 ARTICLE 4 STANDARDS FOR SPECIFIC LAND USE
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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 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 ..............................................................4-1964-195
17.435.010 — Purpose and Intent ....................................................................................4-1964-195
17.435.020 — Applicability...............................................................................................4-1964-195
17.435.030 — Definitions ..................................................................................................4-1964-195
17.435.040 — Cannabis Oriented Businesses Development Standards .....................4-2014-200
17.435.050 — Performance Standards.............................................................................4-2054-204
17.435.060 — Permits Required .......................................................................................4-2074-206 STANDARDS FOR SPECIFIC LAND USE ARTICLE 4
4-4 DECEMBER 2022 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 Projects........................................................4-76 Table 4-4 Minimum Separation between Multi-Family Structures........................................4-77 Table 4-5 Animal-Keeping Standards.......................................................................................4-103 Table 4-6 Development Standards for Recreational Vehicle Park Subdivisions ................4-152 Table 4-7 Development Standards for Senior Residential Projects ......................................4-161 List of Figures
Page
Figure 4-1 Minimum Separation between Multi-Family Structures........................................4-77 Figure 4-2 Location of Amateur Radio Antenna.......................................................................4-158 Figure 4-3 Examples of Shopping Structure Setback ...............................................................4-167 ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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
17.400 ADULT-ORIENTED BUSINESSES
4-6 DECEMBER 2022 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.
ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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
17.400 ADULT-ORIENTED BUSINESSES
4-8 DECEMBER 2022 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 ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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.
17.400 ADULT-ORIENTED BUSINESSES
4-10 DECEMBER 2022 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, ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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.
17.400 ADULT-ORIENTED BUSINESSES
4-12 DECEMBER 2022 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 ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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.
17.400 ADULT-ORIENTED BUSINESSES
4-14 DECEMBER 2022 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 ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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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4-16 DECEMBER 2022 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 ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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
17.400 ADULT-ORIENTED BUSINESSES
4-18 DECEMBER 2022 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 ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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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4-20 DECEMBER 2022 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 2022 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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4-22 DECEMBER 2022 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, ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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.
17.400 ADULT-ORIENTED BUSINESSES
4-24 DECEMBER 2022 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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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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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4-26 DECEMBER 2022 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.
ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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.
17.400 ADULT-ORIENTED BUSINESSES
4-28 DECEMBER 2022 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.
ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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 ADULT-ORIENTED BUSINESSES 17.400
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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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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.
17.405 ACCESSORY STRUCTURES AND USES
4-40 DECEMBER 2022 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 ACCESSORY STRUCTURES AND USES 17.405
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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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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. 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.
B. Timing of installation. An accessory structure may only be constructed concurrent with or after the construction of the primary structure on the same site.
C. 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.
D. 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 the lot standardscoverage standardsand floor area ratio standards.
Accessory structures shall be included in the calculation for the maximum lot 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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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 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)..
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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
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)
ACCESSORY STRUCTURES AND USES 17.405
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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.
17.405 ACCESSORY STRUCTURES AND USES
4-46 DECEMBER 2022 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 17.425.140 (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, within and incidental to an existing or proposed single-family residence.
2. Interior ADU: One (1) Interior ADU shall be permitted on a single-family residentially zoned property, within and incidental to an existing or proposed single-family residence, or within an existing accessory structure.
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. Interior ADUs: Interior ADUs shall be permitted within an existing multifamily dwelling structure(s), in existing areas that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or attached garages. The maximum number of Interior ADU units shall not exceed 25% of the existing multifamily dwelling units, or at least one (1) Interior ADU.
2. Detached ADUs: Two (2) Detached ADUs shall be permitted per lot developed with existing or proposed multiple-family dwelling structure(s), which are completely detached from that multifamily dwelling structure(s).
ACCESSORY STRUCTURES AND USES 17.405
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-47 C. Development Standards and Requirements. The following development standards apply to ADUs or JADUs, 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 permit plan check process.
2. ADUs and Junior ADUs are exempt from Density requirements.
3. 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.
4. 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.
5. A certificate of occupancy for an accessory dwelling unit shall not be issued before issuance of a certificate of occupancy for the primary dwelling.
6. ADUs or Junior ADUs 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.
7. ADUs and Junior ADUs shall not be utilized as a short-term rental (rentals of 30 days or less).
8. ADUs and Junior ADUs shall have direct exterior access.
9. ADUs of less than 1,000 square feet and Junior ADUs shall have a maximum of one bedroom.
10. Junior Accessory Dwelling Units:
i. Shall be no more than 500 square feet in floor area. 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.
17.405 ACCESSORY STRUCTURES AND USES
4-48 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 iv. Shall not be located within an accessory structure. v. Shall have its own separate sanitation facilities or may share sanitation facilities with the existing or proposed single-family structure. If the unit does not include its own separate bathroom, then it must contain 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 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, or Government Code 65852.2.
viii. Shall require a deed restriction, pursuant to Government Code 65852.22. (a)(3), which shall be recorded prior to occupancy of unit. ix. Shall require that the property owner reside in either the primary dwelling, JADU, or ADU if such site is developed with an ADU, unless the property is entirely owned by another governmental agency, land trust, or housing organization.
11. Accessory Dwelling Units
i. Interior ADUs
a. Shall comply with the underlying Zone development standards for setback, lot coverage, etc., except as provided within this section.
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., except as provided within this section.
b. Shall not exceed 1,200 square feet.
ACCESSORY STRUCTURES AND USES 17.405
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-49 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 height or a maximum of 20 feet in overall height, if additional height is necessary to align the roof pitch on the ADU 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. Shall not be located within the front yard setback area. e. Shall not exceed the lot structure coverage for the underlying zone.
f. Conversion of an existing detached 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.
12. Parking.
i. All No ADU parking standards shall be imposed for any of the following ADU’s, pursuant to Government Code section 65852.2, subdivisions (d)(1-5) and (j)(10):
17.405 ACCESSORY STRUCTURES AND USES
4-50 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 a. ADUs located within one-half mile walking distance of public transit.
b. ADUs located within an architecturally and historically significant historic district.
c. ADUs that are part of the proposed or existing primary residence or an accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
i.e. When there is a car share vehicle located within one block of the ADU.ADU sites must comply with Chapter 17.330 (Off-Street Parking and Loading Standards) of this code, unless modified by this section.
ii. 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.
D. 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; and,
2. Provided with its own entrance that is separate from the entrance to the primary dwelling.
E. Landscaping. Landscaping shall be in compliance with Chapter 17.325 – Water Efficient Landscape and Irrigation.
F. 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.
G. Nonconformity. 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.
H. Reporting. The applicant must provide an estimate of the projected annual rent that will be charged for ADU or JADU with the Permit Application. Where unit will not be rented initially, the reported annual rent shall be zero dollars ($0).
Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1.75" + Indent at: 2"
ACCESSORY STRUCTURES AND USES 17.405
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-51 I. 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 front setbacks, lot structure 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(s) 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; Ord.23-02, 20
Formatted: Font: 11 pt
17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-52 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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:
CONDOMINIUMS AND CONDOMINIUM CONVERSIONS 17.410
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-53 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.
17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-54 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
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.
CONDOMINIUMS AND CONDOMINIUM CONVERSIONS 17.410
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-55 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
17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-56 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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 Mobility 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 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS 17.410
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-57 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.
17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-58 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
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.
CONDOMINIUMS AND CONDOMINIUM CONVERSIONS 17.410
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-59 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.
17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-60 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 (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.
CONDOMINIUMS AND CONDOMINIUM CONVERSIONS 17.410
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-61 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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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-63 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.
17.410 CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
4-64 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 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) MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS 17.415
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-65 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. Expansion of a mobile home park or mobile home subdivision; 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)
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17.415.040 — Mobile Home Parks
This Section provides standards applicable to mobile home parks.
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.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.
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:
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:
MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS 17.415
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-67 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.
1. Development standards. Each mobile home park shall comply with the requirements in Table 4-2:
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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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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.
17.420 MULTI-FAMILY DEVELOPMENT
4-72 DECEMBER 2022 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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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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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. . 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 4-4 (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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4-78 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 4-4
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
MULTI-FAMILY DEVELOPMENT 17.420
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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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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 infill 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. Building Permits have been issued for other residential units; c. Construction has commenced or has been completed on other residential units; or
d. 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:
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.
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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. Lot CoverageSite coverage. Site coverageLot Coverage shall meet the standards for the applicable residential zones as specified in Table 2-4 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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4-90 DECEMBER 2022 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, SINGLE-FAMILY DEVELOPMENT 17.425
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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
17.215.035 (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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4-92 DECEMBER 2022 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 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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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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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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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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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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4-96 DECEMBER 2022 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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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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").
17.427 MIXED-USE DEVELOPMENT
4-98 DECEMBER 2022 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.
MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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.
17.427 MIXED-USE DEVELOPMENT
4-100 DECEMBER 2022 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.
MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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
17.427 MIXED-USE DEVELOPMENT
4-102 DECEMBER 2022 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.
MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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.
17.427 MIXED-USE DEVELOPMENT
4-104 DECEMBER 2022 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.
MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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
17.427 MIXED-USE DEVELOPMENT
4-106 DECEMBER 2022 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.
MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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.
17.427 MIXED-USE DEVELOPMENT
4-108 DECEMBER 2022 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).
MIXED-USE DEVELOPMENT 17.427
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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.
17.427 MIXED-USE DEVELOPMENT
4-110 DECEMBER 2022 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).
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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 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
17.430 STANDARDS FOR SPECIFIC LAND USES
4-112 DECEMBER 2022 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, STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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
17.430 STANDARDS FOR SPECIFIC LAND USES
4-114 DECEMBER 2022 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.
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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.
17.430 STANDARDS FOR SPECIFIC LAND USES
4-116 DECEMBER 2022 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).
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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
17.430 STANDARDS FOR SPECIFIC LAND USES
4-118 DECEMBER 2022 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.
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 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
17.430 STANDARDS FOR SPECIFIC LAND USES
4-120 DECEMBER 2022 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.
2. Criteria for Consideration. The following criteria shall be considered in making the required findings for PCorN:
a. The proximity (within six-hundred (600) feet) to sensitive receptors, such as a K-12 public or private school and/or public park.
b. The nature of the proposed use and its relation to the surrounding community.
c. Any evidence or testimony provided by the City Police Department (including, but not limited to, site specific neighborhood analysis of calls for service) which indicates that the use would pose a detriment to the immediate neighborhood or continue current law enforcement problems.
17.430.050 — Animal-Keeping
This Section provides standards for animal-keeping. These provisions are intended to ensure that animal-keeping activities do not adversely impact adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.
A. Pre-existing uses. A legally established animal-keeping use that becomes nonconforming upon adoption of this Section shall be allowed to continue subject to Chapter 17.705 (Nonconforming Parcels, Structures, and Uses).
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-121 B. Allowable animal-keeping uses and permit requirements.
1. Limitations on activities and permit requirements. Animal-keeping uses allowed in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) shall comply with the limitations and standards indicated in Table 4-5 (AnimalKeeping Standards) and with other requirements of this Section, this Development Code, and the Municipal Code. Regulations for temporary events involving animals (e.g., circuses, pony rides, rodeos, etc.) are provided in Chapter 17.640 (Temporary Use Permits).
Table 4-5 Animal-Keeping Standards
Type of Animal or Facility Maximum # of
Animals per Site
(1)
Minimum
Parcel Size
(2)
Minimum Setback
from Property
Lines (3)
Zones
Where
Allowed
Required
Permit
(4)
See definition of Animal-Keeping in
Article 8 (Definitions).
Aquariums Unlimited None None All P
Beekeeping (Apiaries) See Municipal Code Chapter 8.12 (Beekeeping) and Subsection E (Beekeeping), below.
RE
RR MUP
Cats or Dogs
Any combination of
four cats and/or dogs
over the age of four
months
None None
RE
RR
RL
RM
RH
RVH
MU
MU-E
DV
P
Small household pets (e.g., birds,
domesticated rodents,
nonpoisonous reptiles and snakes,
etc.)
Any combination
totaling 10 None None All P
Pot-bellied pigs One (5) 20,000 sq. ft. None
RE
RR
RL
RM
RH
RVH
MU
MU-E
DV
P
Chinchilla, hamsters, guinea pigs,
and similar small animals –
Commercial
100 per acre 20,000 sq. ft. 50 ft.
RE
RR P
IL MUP
Kennels – Noncommercial 5 and over,
as determined by MUP 20,000 sq. ft. 50 ft. RERR MUP
Kennels, catteries, animal shelters,
and dog and cat breeding facilities
– Commercial
5 and over,
as determined by MUP 20,000 sq. ft. 50 ft. from the nearest residence IL MUP Stables, Riding School –
Commercial
1 horse per each
500 sq. ft. 2 acres 50 ft. RE MUP
17.430 STANDARDS FOR SPECIFIC LAND USES
4-122 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Table 4-5 Animal-Keeping Standards
Type of Animal or Facility Maximum # of
Animals per Site
(1)
Minimum
Parcel Size
(2)
Minimum Setback
from Property
Lines (3)
Zones
Where
Allowed
Required
Permit
(4)
See definition of Animal-Keeping in
Article 8 (Definitions).
Horses, cows, bison, and similar
sized animals - Noncommercial 4 per acre 20,000 sq. ft. 50 ft.
RE
RR
RL
P
Livestock and Dairy Operations See Section 17.305.040 (Agricultural Preservation (Right-To-Farm)) and Chapter 17.705 (Nonconforming Parcels, Structures and Uses).
Sheep, goats, and similar sized
animals (not including males of
any species; or any hogs/swine of
either gender, which are
prohibited) - Noncommercial
Two per 20,000 sq. ft.
up to 4 total on 1 acre 20,000 sq. ft. 50 ft.
RE
RR
RL
P
2 per each additional
acre
1 acre 50 ft. RE
RR P
Grazing (sheep only) to clear
stubble or unharvested crops No limit per acre None None RE P/TUP (6) Pigeons (of the order columbae)
(Aviaries) – Commercial 50 birds per acre 20,000 sq. ft. 50 ft. RE MUP Pigeons (of the order columbae)
(Aviaries) – Noncommercial None 20,000 sq. ft.
50 ft. from
dwelling unit of
bird owner;
150 ft. from other
dwelling units
RE
RR P
Non-commercial – Poultry, fowl
(not including roosters or
cockerels, which are prohibited)
4 per lot 7,200 sq. ft. 10 ft. RL P
Poultry, fowl (not including
roosters or cockerels, which are
prohibited)
100 per acre 20,000 sq. ft. 50 ft.
RE
RR P
Worm farms, Worm composting,
fish farms, and similar uses Determined by MUP 1 acre 50 ft. RERR MUP Wild animals See Subsection 17.430.050.H (Wild animals), below. RE RR CUP
Notes:
(1) Offspring in addition to maximum number shall be allowed until market-ready, if commercial operation, or until four months of age, if noncommercial operation.
(2) Minimum parcel area required for the keeping of animals. (3) Minimum setbacks from all property lines for barns, shelters, pens, coops, cages, and other areas and structures where animals are kept in concentrated confinement; but not including areas continuously maintained as pasture. Animals shall not be kept in any required front setback, except in pasture areas. (4) P = Allowed without a land use permit
CUP = Conditional Use Permit required (Chapter 17.605)
MUP = Minor Use Permit required (Chapter 17.605)
(5) Registered through appropriate breeding organization (sus scrofa). Maximum size shall be no higher than 16” at the shoulder and no longer than 30” from the tip of the head to the end of the buttocks. Maximum weight of 80 pounds.
Any pot-bellied pig larger than these standards shall be considered to be hogs/swine subject to restrictions of Municipal Code Section 6.24.010 (Animal Regulations –Keeping Certain Animals in City Prohibited – Exceptions). (6) Not more than 30 days in any 6-month period. A Temporary Use Permit is required for a longer period or for more frequent grazing episodes.
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-123
2. Permit conditions. Where Table 4-5 (Animal-Keeping Standards) requires a Minor Use Permit or a Conditional Use Permit, the review authority shall evaluate how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area for animal keeping on the site will be adequate to allow compliance with the other standards of this Section without unreasonable effort on the part of the animal manager. In approving a Minor Use Permit or Conditional Use Permit, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.
C. Maintenance and operational standards applicable to all animal keeping. Animal keeping shall comply with all the following maintenance and operational standards and the requirements of Title 6 and Title 8 of the Municipal Code.
1. Odor and vector control. Animal enclosures (e.g., pens, coops, cages, feed areas, etc.) shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors, and offensive odors. Manure shall not be allowed to accumulate within setback areas.
Each site shall be continually maintained in a neat and sanitary manner.
2. Containment. Animals shall be effectively contained on the site and shall not be allowed to run at large on public or private property owned by another without the written permission of the property owner.
a. Dogs shall be kept exclusively upon the premises, confined by means of a lawful fence, however, a dog may be off the premises if it is under the restraint of a competent person and restrained by a leash. “Lawful fence” means any barrier or other structure which is sufficiently strong and durable to securely enclose the animal(s) intended to be kept. b. Dog owners shall securely confine their female dogs while in season (estrus) within an enclosure in a manner that will prevent the attraction of male dogs to the immediate vicinity.
3. Waterway protection. The keeping of horses or cattle within 50 feet of any waterway shall first require approval by the Director of a plan to protect the waterway from the polluting effects of runoff from the animal keeping area. The plan shall provide for regular manure removal, the maintenance of pasture vegetation to minimize the exposure and potential erosion of bare soil, site grading to direct runoff to detention and settling areas rather than the waterway, and/or other measures approved by the Director.
4. Erosion and sedimentation control. An animal keeping operation shall not produce sedimentation on a public right-of-way, adjoining property, or in a drainage channel or other waterway. In the event sedimentation occurs, the
17.430 STANDARDS FOR SPECIFIC LAND USES
4-124 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.
5. Noise control. Animal keeping shall comply with Section 17.300.060 (Noise), Municipal Code 6.24.030 (Disturbing the peace prohibited), and Municipal Code Chapter 8.40 (Noise Control).
6. Nuisance. The keeping of an animal in the following circumstances shall be considered a public nuisance subject to abatement in compliance with Municipal Code Chapter 8.44 (Nuisances), including summary abatement (e.g., impoundment of the animal(s), immediate closure of the kennel, etc.):
a. In a zone, other than where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards); or
b. In conditions that are unsafe, unsanitary, or hazardous to animal or public health, safety, or welfare.
D. Animal husbandry project exception. The keeping or raising of a calf, horse, goat, sheep, hog, chicken, rabbit, bird or other animals for the purposes of a 4-H or Future Farmers of America (FFA) project shall be allowed without a land use permit or a permit from the Animal Control Officer, provided that the project complies with all of the following requirements:
1. Minimum site area. A minimum of one-half acre of site area shall be required for the keeping of horses, cows, or other large animals.
2. Setback requirements. The project animals shall be confined in a pen or fenced area that is located no closer than 25 feet to any dwelling other than on the project site; except that a hog or swine shall not be located closer than 100 feet from any dwelling other than on the project site.
3. Maximum number of animals. The number of animals shall comply with the limitations in Subsection B, above.
4. Maintenance. The animal keeping shall comply with all standards in Subsection C, above.
E. Beekeeping. In addition to the requirements in Subsections B and C., above, and in Municipal Code Chapter 8.12 (Beekeeping), a hive or box for the keeping of bees shall be allowed in the following locations, provided that the bees are not allowed to fly at large:
1. Within a school for the purpose of study or observation.
2. In a laboratory for medical research or treatment or for scientific purposes.
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-125 F. Kennels. In addition to the requirements in Subsections B and C, above, each kennel and other small animal boarding facility shall comply with the following standards:
1. Enclosure within building. Animal boarding (sleeping and night-time confinement) shall occur within an entirely enclosed building.
2. Management. A manager of the facility shall be present on the site at all times.
3. License. A kennel operator shall obtain a license from the Animal Control Officer in compliance with Municipal Code Section 6.24.120. As a condition of the issuance of a kennel license, an operator shall agree to allow inspections required by Paragraph 7 below. Acknowledgement of the agreement shall be made part of the license application and file.
4. Increase in number of animals. A proposed increase in the number of animals in a licensed kennel shall require an amendment to the Minor Use Permit. Any increased fee shall be prorated for the remainder of the year.
5. Containment of cats. Cats shall be kept indoors or within a fully enclosed, covered structure or enclosed run at all times.
6. Vaccinations. A kennel operator shall not be required to obtain an individual license for each dog in the kennel for which the kennel license is obtained; however, a kennel operator shall ensure that each dog in the kennel is vaccinated as required by State law.
7. Inspections. Reasonable inspections by the Animal Control Officer shall be completed at intervals determined at the Officer’s discretion.
8. Other municipal regulations. A kennel owner and operator shall comply with the requirements in Municipal Code Chapter 6.20 (Kennels).
G. Homing/Racing Pigeons. In addition to the requirements in Municipal Code Section
6.24.130 (Bees and pigeons), the following shall apply:
1. Numbers of birds and flights. The review authority may limit features and activities associated with the keeping of homing/racing pigeons as follows:
a. The maximum number of allowed pigeons indicated in Table 4-5 (Animal-Keeping Standards) may be reduced, depending on the parcel size, the number of dwelling units on a parcel, or the nature of surrounding uses.
17.430 STANDARDS FOR SPECIFIC LAND USES
4-126 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 b. The maximum number of pigeons allowed to be released per flight, number of flights per 24-hour period, and allowed times of flights shall be specified as conditions to any permit.
2. Enclosure requirements.
a. Pigeons shall be kept and fed in an enclosed structure not to exceed eight feet in height. If the structure is greater than 120 square feet in size, a Building Permit shall be required.
b. Pigeon enclosures shall be located on the rear one-third of the property, at a distance no less than 50 feet from the dwelling of the owner of the pigeon enclosure and 150 feet from other habitable dwellings on adjacent properties. A fully-dimensioned site plan shall be submitted with the permit application materials. The site plan shall illustrate the location of the loft, other uses associated with the keeping of pigeons, and the loft’s relation to side and rear lot lines and adjacent dwellings.
3. Maintenance and cleaning requirements.
a. Structures where pigeons are housed shall be kept and maintained in a sanitary condition. Refuse and droppings shall be removed from the premises at least once each calendar week.
b. The keeper of the pigeons shall maintain the property and all features of the property, including roofs, driveways, and walkways, in a clean manner with no visible pigeon droppings.
4. Landing on adjacent structures or property prohibited. Pigeons shall not be allowed to land or perch on the structures or property of others.
5. Commercial breeding prohibited. Pigeon business or breeding activities for commercial purposes shall not be conducted on or from the premises or property.
6. Membership in pigeon racing organization. The pigeon owner shall be a member of the California State Racing Pigeon Association, the American Racing Pigeon Union, Inc., or other equivalent recognized pigeon racing organization with annual registration by licensee of the individual birds. Written proof of annual registration shall be provided annually to the Department.
H. Non-Commercial – Poultry, fowl. In addition to the standards of this Section, the keeping of non-commercial poultry, fowl on lots less than 20,000 square feet shall comply with the standards listed below:
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-127
1. Containment. Poultry, fowl shall be kept within a coop, most often designed with nest boxes for egg-laying and perches on which the birds can sleep.
2. Design. The coop shall be designed and constructed such that the poultry, fowl are securely contained. The coop shall be designed with materials such as hardware cloth or poultry wire that will prohibit predators yet allow the flow of air. The coops may also be a chicken tractor which allows free ranging along with shelter, allowing chickens fresh forage such as grass, weeds and bugs (although these will quickly be stripped away if the tractor remains in the same place for too long), which widens their diet and lowers their feed needs. Unlike fixed coops, chicken tractors do not have floors so there is no need to clean them out.
3. Height Limit. The coop shall have a maximum height of six feet.
4. Maintenance. The coop shall be maintained in a clean and sanitary condition.
All feed and other items associated with poultry, fowl keeping shall be kept in secured containers to minimize contact with rodents.
5. Noise. Poultry, fowl shall not produce continuous excessive noise causing unreasonable disturbance to residents of adjacent properties, pursuant to the standards of Chapter 8.40 – Noise Control of the Municipal Code.
6. Setback requirements. Coops shall be confined to the rear and interior side yards with the minimum setbacks as listed below; greater distances are encouraged where practicable.
a. Minimum of 10-feet from rear and side property lines. b. Minimum of 10-feet from any habitable structure including those on the subject property.
7. Slaughter. No poultry, fowl shall be slaughtered on any developed lot used exclusively for residential purposes.
8. Eggs. Eggs produced by poultry, fowl permitted pursuant to this section are for personal use only and may not be sold commercially.
9. Covenants, Conditions, or Restrictions (CC&Rs). The regulations of this section do not supersede any covenants, conditions or restrictions established by a homeowner’s association.
I. Worm Farms and Worm Composting. In addition to the standards of this Section, worm farms and worm composting shall comply with the standards listed below:
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4-128 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
1. Definitions. For the purposes of this section the following definitions apply:
a. Worm Farms. The growing of earthworms for commercial or noncommercial purposes in worm beds or other delineated areas of structures such as sunshades and packing shades that are utilized in the operation of a worm farm.
b. Worm Composting. The use of worms to recycle food scraps and other organic material into a valuable soil amendment called vermicompost, or worm compost.
2. Wholesale Use Only. Worm farming and composting shall be for wholesale use only.
3. Area of farming or composting. The area devoted to the farming or composting activity shall not exceed sixty-four square feet.
4. Setbacks. All worm farms and composting areas shall be kept at least fifty feet away from all habitable dwellings, including those on the subject property.
5. Height. The maximum height of any worm bed shall be two feet and all other structures shall conform to the requirements for accessory structures.
6. Maintenance. Worm farms and worm composting facilities shall be maintained in a clean and sanitary condition.
J. Wild animals. In addition to the requirements in Subsections B and C, above, the keeping of wild animals shall comply with the following standards and those standards in Municipal Code Section 6.24.140 (Wild Animals):
1. Applicable Federal, State, and local regulations. The keeping of wild animals may require approval by the U.S. Department of Agriculture Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or the California Department of Food and Agriculture, and the Riverside County Agricultural Commissioner, in addition to any City approval required by this Section.
2. Confinement. The animal(s) shall be kept in cage(s) or enclosure(s) of a recommended size and type of construction that allows reasonable freedom of movement for the animal(s) but that confines the animal(s) to preclude the possibility of escape. The animal(s) shall be kept in a manner that does not threaten or annoy any person of normal sensitivity.
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3. Maintenance. The cage(s) or enclosure(s) shall be kept in a clean and sanitary condition at all times. The animal(s) shall be provided with adequate food, water, shelter, and veterinary care.
4. Public safety. Adequate safeguards to prevent unauthorized access to the animal(s) and to preserve animal and public health, safety, and welfare shall be provided. In the event of animal escape, the owner shall immediately notify the Animal Control Officer or Police Department and make every reasonable effort to recapture the animal(s).
5. Inspections. Reasonable inspections by the Animal Control Officer may be completed at intervals determined at the Officer’s discretion.
6. Liability and costs. The owner of any wild animal shall be liable for any injury or any damage to private or public property caused by the animal(s) and shall reimburse the City for all costs incurred in enforcing this Section when a violation is found.
7. Location and transportation. A wild animal shall be transported in an escapeproof enclosure to/from the animal owner’s property, unless otherwise authorized by the Animal Control Officer.
17.430.060 — Animal Sales and Services
This Section provides standards for various animal sales and services establishments for the purpose of protecting residents from any potentially adverse effects caused by the animals. The keeping of animals may also be subject to the requirements of Section 17.430.050 (AnimalKeeping).
A. Accessory boarding/training. See definition in Article 8 (Definitions) and Subsection C, below. For kennels, see Section 17.430.050 (Animal-Keeping).
B. Animal boarding/training. Animal boarding and training shall be entirely enclosed, soundproofed and air conditioned, except for small outdoor exercise and relief areas.
Specific areas, hours, and other operational requirements may be established by the approval authority in consideration of a Minor Use Permit.
C. Animal grooming. Animal grooming facilities shall be entirely enclosed, soundproofed, and air-conditioned. Boarding of animals, outside runs or cages, outside trash containers, and offensive odors shall be prohibited.
D. Animal hospitals/clinics. Animal hospitals/clinics shall be entirely enclosed, soundproofed, and air-conditioned. Outside runs or cages, outside trash containers, and offensive odors shall be prohibited. Animal cremation shall be prohibited. Grooming
17.430 STANDARDS FOR SPECIFIC LAND USES
4-130 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 activities shall be incidental to the hospital/clinic use. Temporary boarding of animals during their convalescence shall be allowed; all other boarding shall be prohibited.
E. Animal retail sales. Animal retail sales establishments shall be entirely enclosed soundproofed, and air-conditioned. Boarding of animals not offered for sale, outside runs or cages, outside trash containers, and offensive odors shall be prohibited.
Grooming activities shall be incidental to the retail use.
17.430.070 — Arcades
This Section establishes standards for the establishment and operation of arcades, where they are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Separation. Arcades shall be located a minimum of 250 feet away from any school, park, playground, liquor store, bar, places of public assembly, or residential zone boundary.
17.430.080 — Automated Teller Machines (ATMs)
A. Where allowed. ATM facilities may be located:
1. On public streets; and
2. At alley entries, so long as within 50 feet of the nearest public street.
B. Development standards for ATM facilities. ATM facilities shall be installed and maintained in compliance with the following standards:
1. Privacy area required.
a. In order to provide an appropriate level of privacy and to reduce the potential for blocking the sidewalk, a five-foot deep privacy area shall be provided in front of the ATM. This would require an ATM to be set back in an alcove when located adjacent to the public sidewalk; and b. The Director may reduce the privacy area down to three feet, while still meeting the intent identified in Subparagraph a., above.
2. Review for impact on pedestrian and traffic circulation required. The Director shall review and approve each proposed location to determine if parking can be accommodated at the proposed site and if the ATM would likely have a major impact on pedestrian and traffic circulation in the immediate area;
3. Lighting plan required. A lighting plan will be required with the intent to ensure that adequate lighting is provided;
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4. ATM to be handicap accessible. The ATM shall be handicap accessible;
5. Trash receptacle required. A trash receptacle shall be immediately accessible to the ATM;
6. Appearance following removal. At the time that the ATM is removed, the structure's facade shall have a finished appearance consistent with the existing structure; and
7. Drive thru ATM facilities. For drive thru providing ATM services, a minimum of three tandem queuing spaces shall be provided, inclusive of the vehicle being served.
17.430.090 — Bed and Breakfast Inns
This Section establishes standards for the establishment and operation of bed and breakfast inns, where they are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Operational standards.
1. Length of stay. No guest may occupy accommodations in the bed and breakfast inn for more than 14 days in any three-month period.
2. Meals. Serving of meals shall be limited to registered guests only.
3. Resident/operator occupancy. Bed and breakfast inns shall be operated by a property owner or manager living on the premises.
4. Incidental sales. Incidental sales of goods and services to registered guests only shall be allowed.
B. Design and development standards.
1. Zone requirements. Bed and breakfast inns shall be subject to the requirements of the zone in which they are located.
2. Number of guest rooms. In residential zones, a maximum of three guest rooms for each inn shall be allowed. The review authority may further limit the number of guest rooms to ensure preservation of the neighborhood’s residential character. In nonresidential zones, a maximum of eight guest rooms for each inn shall be allowed.
3. Fencing. Fencing shall comply with Chapter 17.315 (Fences, Walls, and Hedges).
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4. Kitchen facilities. Kitchen facilities shall be prohibited within the individual guest bedrooms/suites.
5. Refuse disposal. Refuse collection areas shall be clearly designated. Areas shall be clearly accessible for pickup and shall be screened from public view with solid walls and landscape materials, subject to the approval of the Director.
6. Signs.
a. Residential zones. Signs in residential zones shall be limited to one sign no larger than four square feet identifying the name of the establishment.
The Director may approve an increase in the sign area up to a maximum of six square feet, if it is found that the sign will not adversely impact the residential character of the neighborhood. No internally illuminated or luminous tube signs shall be allowed. The maximum height of the sign shall not exceed six feet.
b. Nonresidential zones. Signs shall comply with Chapter 17.335 (Signs).
C. Other licenses and permits. Bed and breakfast inn operators shall obtain the following licenses and permits from the City:
1. Transient Occupancy Registration Certificate. Transient Occupancy Registration Certificate in compliance with Municipal Code Chapter 3.20 (Uniform Transient Occupancy Tax).
2. Business License. Business License in compliance with Municipal Code Chapter
5.04 (Business Licenses Generally).
17.430.100 — Cargo Containers
This Section establishes standards for the establishment and operation of cargo containers, where they are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and ZoneSpecific Standards).
A. Residential zones. Cargo containers shall be subject to approval of a Site Plan and Design Review in compliance with Table 6-2 (Review Authority for Site Plan and Design Review) and Chapter 17.630 (Site Plan and Design Review) and the following:
1. Roof overhangs and pitches shall be in character with the overhangs and pitches that a commonly used in accessory structures in the immediate neighborhood.
2. The exterior shall be painted a solid, flat non-reflective neutral color that matches as closely as possible with the surrounding buildings or environment.
3. All signage shall be removed.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-133
4. The cargo container shall be screened from adjacent properties, parks, trails, and rights-of-way. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind buildings
B. Commercial and office zones. Temporary cargo containers in commercial and office zones shall comply with the standards in Table 2-7 (Development Standards for Commercial and Office Zones) that apply to primary structures (e.g., height, setbacks, site coverage, etc.). Permanent cargo containers are prohibited.
C. Industrial zones. Temporary and permanent cargo containers in industrial zones shall comply with the standards in Table 2-9 (Development Standards for Industrial Zones) that apply to primary structures (e.g., height, setbacks, site coverage, etc.), subject to the following:
1. Screening. Cargo containers shall be screened from view from public rights-ofway in compliance with Section 17.305.110 (Screening and Buffering);
2. Parking. The area of the cargo container shall be included in determining the parking requirements for the primary use in compliance with Chapter 17.330 (Off-Street Parking and Loading Standards); and
3. Modifications. A modification to an approved temporary or permanent cargo container or the permanent attachment of a cargo container to the ground shall be subject to the requirements of this Development Code, the Municipal Code, and the California Building Code.
17.430.110 — Community Care Facilities
This Section provides standards for the establishment and operation of community care facilities. For standards relating to child day care facilities, see Section 17.430.150 (Day Care Facilities) and for residential care facilities, see Section 17.430.280 (Residential Care Facilities).
A. Not a congregate living facility. A community care facility, as that term is defined in Article 8 (Definitions), which is properly licensed by the State of California, shall not be deemed a “congregate living facility.”
B. Applicable development standards. Each community care facility that serves six or fewer persons shall comply with all health and safety regulations, building standards, environmental impact standards, or any other matter within the City’s jurisdiction that apply to other residential dwellings of the same type in the same zone.
C. Residents. The activities of residents of a community care facility shall not be regulated differently from persons who reside in other dwellings of the same type in the same zone.
17.430 STANDARDS FOR SPECIFIC LAND USES
4-134 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Enforcement and remedies. In no event shall the City be limited in its ability to fully enforce this Development Code or the Municipal Code or to exercise any other remedy available to it by law (e.g., imposition of fines and other penalties; commencement of abatement procedures for a public nuisance; seeking administrative relief through applicable licensing authorities, etc.).
17.430.120 — Community Gardens
This Section provides standards for the use of private property for the purpose of maintaining and operating a community garden.
A. Standards. The following standards apply to all community gardens:
1. Setbacks. Any structures or sheds shall comply with the setback requirements for the applicable zone.
2. Maintenance/cleanup. Weeds and garden refuse shall be disposed of on at least a biweekly basis.
3. Watering. Irrigation and any other use of water shall be conducted in compliance with the City’s adopted Landscape Design Guidelines and Chapter
17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)
4. Development. Installation, operation, or use of structures, sheds, irrigation systems, sanitary facilities, etc., as accessory uses, shall be in compliance with this Development Code and all local, State, and Federal codes and regulations.
5. Separation. A minimum separation of 10 feet shall be maintained between the garden plots and any adjacent developed property. This separation shall be maintained so as to be free of any weeds, garden refuse, sheds, structures, irrigation systems, or other combustible materials, and shall not be used for storage of any equipment, vehicles, or any other materials.
6. Lighting. Installation or use of any electrical or other artificial lighting structures or equipment is prohibited.
7. Management. A manager shall be designated for each community garden who shall serve as liaison between the gardeners, property owners, and the City.
8. Pest control. Pest control measures shall be in compliance with all local, State, and Federal codes and regulations.
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-135 B. Violations. It shall be unlawful for a property owner or any other person to establish or operate a community garden that is not in compliance with the requirements of this Section.
17.430.130 — Conversion of Residential Structures
This Section provides standards for the use of residential structures when they are converted for combined residential and nonresidential use and when they are converted for solely nonresidential use.
A. Nonresidential uses. Existing, legal residential structures may be converted to and remodeled for commercial uses when the subject structure conforms to minimum standards required by City ordinances.
B. Residential and nonresidential uses. When a residential structure is used for both residential and nonresidential uses within the same structure, no expansion beyond the exterior walls of the structure shall be allowed, and no additional stories shall be added to the structure, nor shall any separate structure be erected on the same parcel.
C. Use of yard areas. For structures partially used for residential uses and partially used for nonresidential uses, no portion of a front, side, or rear setback area shall be used for vehicle parking, except for on an approved designated driveway, or for storage of any kind.
17.430.140 — Cottage Businesses
This Section provides standards for maintaining and operating a cottage business, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Where allowed. Cottage businesses shall not be allowed in approved subdivisions of more than four parcels.
B. Maximum number of businesses. Only one cottage business shall be allowed per parcel.
C. Employees. The business shall be operated by the property owner living on the site or on an adjacent parcel. One persons, other than those residing on the property, shall be allowed to work on the site of the cottage business.
D. Residential character. The cottage business shall not alter the residential character of the parcel/neighborhood.
17.430 STANDARDS FOR SPECIFIC LAND USES
4-136 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 E. Conduct of business in accessory structure. The use may be carried out in the primary dwelling unit or in an attached or a detached accessory structure on the same parcel or on a parcel adjacent to the primary dwelling owned and occupied by the same person.
F. Location of accessory structure used for conduct of business.
1. The detached accessory structure shall be located in the side or rear yard if located on the same parcel as the primary dwelling.
2. New structures constructed for a business use established after the effective date of this Development Code shall meet front, rear, and side setbacks based on the zone in which the use is located.
3. A previously established business use located within an existing structure shall meet the setback requirements for an accessory structure in Chapter 17.405 (Accessory Structures and Uses).
G. Screening. The area of the site, where the business use is conducted, shall be screened from public view on all sides (including along the road frontage), if deemed necessary by the Director due to the nature of the business. The screening shall consist of fencing and/or vegetation in compliance with Section 17.305.110 (Screening and Buffering). Also, additional screening and buffering may be required at a later date if the business intensifies, in order to protect the health, safety and general welfare of the new residents of the surrounding area, subject to an amendment to the original Minor Use Permit.
H. Maximum area. The area devoted for the business use shall not occupy more than 50 percent of the square footage of the primary dwelling structure associated with the business, which is located on the business parcel or on an adjacent parcel.
I. Storage. Raw materials, machinery, equipment, or future job units waiting for assembly or repair shall be stored within an enclosed structure. Outside storage shall be prohibited, except that contractor storage yards may be allowed a maximum of 200 square feet of outside storage. Any storage in excess of this must be inside a totally enclosed structure. Storage shall not be allowed within required covered or uncovered parking spaces (i.e., garages, carports, outdoor parking spaces, etc.).
J. Signs. Signs shall comply with Chapter 17.335 (Sign Standards), except where modified by the following:
1. One non-illuminated sign shall be allowed, with a surface area not to exceed four square feet. The height, including the supporting structure, shall not exceed four feet.
2. No vehicle, with the primary purpose of advertising, shall be parked in the front yard of the business.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-137 K. Parking. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading), except where modified by the following:
1. The parking and drive aisle surface shall be paved.
2. Off-street parking for the business use in an accessory structure shall be located on the side or to the rear of the dwelling unit.
3. A maximum of one business-associated vehicle may be parked in the driveway in view of the public right-of-way. A maximum of two business-associated vehicles may be parked on the parcel, provided that they are parked in the side or rear yard outside of public view.
4. Trucking businesses shall be allowed a maximum of two trucks.
17.430.150 — Day Care Facilities
This Section provides standards for the location and operation of day care facilities for children in compliance with State law. These standards shall apply in addition to requirements imposed by the California Department of Social Services.
A. Small family child day care homes (8 or fewer children). As required by State law (See Health and Safety Code Section 1597.30 et seq. (Family Day Care Homes), small family child day care homes (8 or fewer children) shall be considered a residential use of property; shall be allowed on lots zoned for single-family dwellings; and shall not require any land use permits.
B. Large family child day care homes (9-14 children). Large family child day care homes (9 to 14 children) shall comply with the following standards:
1. Licensing. The operator of a large family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements).
2. Care provider’s residence. The large family child day care home shall be the primary residence of the care provider and the use shall be clearly residential in character and shall be incidental and secondary to the use of the property as a residence.
3. Fencing. A six-foot high solid decorative fence or wall shall be constructed on all property lines, except in the front setback area or within a corner cutoff intersection area. Fences or walls shall provide for safety with controlled points of entry.
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4. Fire protection systems. Mandatory fire extinguishers and smoke detector devices shall meet all standards established by the Fire Chief.
5. Landscaping. A minimum three-foot deep landscaped area shall be provided adjacent to and inside of the fence/wall and shall include a dense hedge of shrubs a minimum of four feet in height at the time of planting. On-site landscaping shall be consistent with that prevailing in the neighborhood and shall be continuously maintained in a safe and viable condition. Water Efficient Landscape and Irrigation approval is required pursuant to Chapter 17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)
6. Lighting. On-site outdoor lighting shall be stationary; directed away from adjacent properties and public rights-of-way; and of an intensity appropriate to the use it is serving in compliance with Section 17.300.080 (Outdoor Light and Glare).
7. Applicable codes and standards. The large family child day care home shall conform to all applicable:
a. Property development standards for single-family dwellings in the respective zone in which it is located;
b. Building Code and Fire Code standards; and
c. State standards for the operation of large family child day care homes.
8. Play area and equipment. Outdoor play area(s) shall be located in the rear area of the parcel. Stationary play equipment shall not be located in required side and front yards.
9. Separation. A large family child day care home within a residential zone shall be located at least 300 feet away from an existing large family child day care home or child day care facility licensed to care for 15 or more children.
10. Parking and drop-off/pick-up area.
a. A facility shall provide an off-street parking space for each employee. A minimum of two off-street parking spaces shall be provided as a drop-off and pick-up area. The spaces shall be in addition to those required for the dwelling unit in compliance with Chapter 17.330 (Off-Street Parking and Loading). A driveway may be used to provide the spaces, provided that the Director approves the arrangement based on traffic and pedestrian safety considerations. Additional parking may be required to minimize impacts on adjacent parcels.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-139 b. A facility located on a through street classified as a collector or arterial street shall provide a drop-off and pick-up area that does not require backing into the street.
11. Noise. In order to protect adjacent residential dwellings from noise impacts, a facility located within a residential zone may only operate a maximum of 17 hours each day between the hours of 6:00 a.m. and 11:00 p.m. and may only conduct outdoor activities between the hours of 8:00 a.m. and 8:00 p.m.
12. Signs. Signs shall comply with Chapter 17.335 (Sign Standards).
13. Application and review procedures.
a. A Site Plan and Design Review application shall be filed and approved in compliance with Chapter 17.630 (Site Plan and Design Review). b. In compliance with Health and Safety Code Section 1597.46 (Large Family Day Care Homes), the Director shall provide notice of the application for a Minor Use Permit, when applicable, not less than 10 days before the date on which the decision will be made on the application. The notice shall go to property owners located within a 100-foot radius of the exterior boundaries of the proposed large family day care home. A hearing shall only be held if requested by the applicant or other affected person.
C. Standards for child day care centers (15 or more children). Child day care centers shall comply with the following standards, in addition to the standards contained in Subsection B (Standards for large family child day care homes), above:
1. Parcel size. The minimum parcel size for a child day care center shall be 10,000 square feet.
2. Separation. The minimum separation between the main assembly building of the center and a residential zone shall be 30 feet.
3. Play areas and pools. Each facility shall have both indoor and outdoor play areas in compliance with State requirements. An on-site outdoor play area of not less than 75 square feet per child, but in no case less than 450 square feet per facility, shall be required. The outdoor play area shall not be located in the front yard.
Outdoor play areas shall be enclosed by a six-foot high fence and a pool, if provided, shall be enclosed by a fence that conforms to the California Building Code.
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4. Parking and drop-off/pick-up standards. Parking shall comply with Chapter
17.330 (Off-Street Parking and Loading). The design of the drop-off and pick-up area shall not require backing into any street.
17.430.160 — Donation Boxes
This Section provides locational, developmental, and operational standards for outdoor charitable donation boxes.
A. Maximum number. No more than one donation box shall be allowed on a single site or shopping center.
B. Maximum size. Donation boxes shall not exceed 120 square feet in size.
C. Affixed. The donation box shall be secured against theft or unauthorized removal.
D. Maintenance. The party responsible for the donation box shall ensure that the box and surrounding site are properly maintained and that donated materials do not fall, spill, or accumulate outside of the box. If the party responsible for the donation box fails to provide the required maintenance, the property owner shall be responsible for all of the required maintenance.
E. Removal. The party responsible for the donation box shall ensure that the box is removed and the site is cleared of any evidence of its previous setup when the box is no longer needed or has been inactive for 60 days. If the party responsible for the donation box fails to provide the required removal and clean-up, the property owner shall be responsible for the removal and clean-up.
17.430.170 — Drive Thru Facilities
This Section provides standards for maintaining and operating a drive thru facility, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Parcel requirements.
1. The minimum parcel size shall be 12,000 square feet.
2. The minimum width shall be 100 feet, and the minimum depth shall be 100 feet.
3. The site shall have a minimum of 100 feet of frontage on a major or secondary arterial street, as identified in the Circulation Mobility Element of the General Plan.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-141 B. Parking and circulation. Parking and circulation shall be provided in compliance with Chapter 17.330 (Off-Street Parking and Loading). In addition, the following standards shall apply:
1. Each service window or machine shall provide a minimum of seven tandem queuing spaces, inclusive of the vehicle being served. See Section 17.430.080 (Automated Teller Machines) for drive-throughs providing ATM services. The queuing spaces shall not extend into the public right-of-way nor interfere with internal on-site circulation patterns. Service windows or machines shall be provided with a shade structure.
2. Drive thru aisles shall have a minimum 10-foot interior radius at curves and a minimum 12-foot width.
3. The provision of drive thru service facilities shall not justify a reduction in the number of required off-street parking spaces.
4. Each drive thru aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent residences, streets, and parking lots.
5. Pedestrian walkways should avoid intersecting the drive thru access aisles, to the extent possible, but where they do intersect; they shall have clear visibility and be emphasized by enhanced paving or pavement markings.
6. The layout and design of the site shall minimize:
a. Vehicular traffic in any adjacent residential zone; or b. Hazards to pedestrians from adjacent schools, theaters, or other similar places of assembly that tend to generate pedestrian traffic.
C. Design criteria. The drive thru facility shall have an integrated design of building materials, landscaping, roof lines, and signs.
D. Landscaping. Landscaping shall comply with Chapter 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016) E. Lighting. Outdoor lighting shall comply with Section 17.300.080 (Outdoor Light and Glare). In addition, all outdoor lights or signals, except for those necessary for security lighting, shall be turned off when the drive thru facility is not in operation.
F. Noise. Amplification equipment (e.g., speakers at menu boards) shall be located so as not to adversely impact adjoining residential uses and shall be operated in compliance with Section 17.300.060 (Noise).
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4-142 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 G. Screening and buffering. Screening and buffering shall comply with Section 17.305.110 (Screening and Buffering). In addition, the following standards shall apply:
1. Service window(s) shall be covered and adequately screened from public view.
2. An eight-foot high solid decorative wall shall be constructed on each property line that adjoins a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director. A minimum five-foot deep landscaping strip shall be provided between the wall and any driveway which shall be continually and properly maintained by the owners, developers, and/or successors-in-interest.
H. Setbacks. The minimum setback for all components related to the drive thru facility (e.g., structures, driveways, menu boards, etc.) shall be 20 feet from all adjoining residential uses or zones.
I. Signs. Signs shall comply with Chapter 17.335 (Sign Standards). The number, size, and location of menu boards shall be subject to the approval of the Director.
J. Trash storage. Outside trash, garbage, refuse and storage areas shall comply with Section 17.305.130 (Solid Waste/Recyclable Materials Storage).
K. Utilities. Utility services to all structures (including signs) shall be installed underground.
17.430.180 — Electric Vehicle Charging Stations
The purpose of this Section is to ensure the effective installation of electric vehicle charging stations. Where any other provisions of the Municipal Code directly conflict with this Section, this Section shall control.
A. Designation of electric vehicle charging stations. An electric vehicle charging station is a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle and is classified based on the following levels:
1. Level 1 is considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
2. Level 2 is considered medium charging and operated on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
3. Level 3 is considered fast or rapid charging and operated on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. Level 3 stations can also be referred to as rapid charging stations that STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-143 are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
B. Permitted Locations.
1. Level 1 and 2 electric vehicle charging stations are an allowed use in all zones.
2. Level 3 electric vehicle charging stations are an allowed use in Commercial and Office Zones, Industrial Zones and Special Purpose Zones, as defined in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
C. Standards for Electric Vehicle Charging Stations. Electric vehicle charging stations utilizing parking stalls located in a parking lot or parking garage or in on-street parking spaces shall comply with the following standards. The technology associated with electric vehicles, batteries and electric vehicle charging stations is relatively new and is anticipated to change as vehicle charging stations become more prevalent. The Director may authorize variations from these standards, provided the spirit and intent of the standards and this Section are addressed.
1. Reserved for parking and charging of electric vehicles only. Except when located in conjunction with single-family residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only.
2. Signage. Each electric vehicle charging station shall be posted with signage indicating the space is only for electric vehicle charging purposes. Signage shall include items contained in Subparagraph 6., below.
3. Accessibility to Persons with Disabilities. The design and location of the electric vehicle charging stations shall comply with the following barrier-free accessibility requirements:
a. Accessible vehicle charging stations shall be provided based on the following table:
Number of
EV Charging Stations
Minimum Accessible
EV Charging Stations
3 – 50 1
51 – 100 2
b. Accessible charging stations shall be located in close proximity to the structure or facility entrances and shall be connected to a barrier-free accessible route of travel.
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4-144 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 c. Accessible charging stations shall comply with the requirements of Section 17.330.070 (Disabled/Handicapped Parking Requirements).
4. Lighting. Adequate site lighting shall be provided in compliance with Section
17.300.080 (Outdoor Light and Glare).
5. Equipment. Equipment for electric vehicle charging stations shall comply with the following standards:
a. Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging stations shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-ofway. b. Charging station outlets and connectors shall be no less than 36 inches or no higher than 48 inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.
c. Equipment shall be protected by wheel stops or concrete-filled bollards.
6. Notification. The following information shall be posted at all electric vehicle charging stations:
a. Voltage and amperage levels;
b. Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;
c. Usage fees;
d. Safety information; and
e. Contact information for reporting when the equipment is not operating or other problems.
D. Minimum Parking Requirements. The parking spaces associated with the electric vehicle charging stations located within parking lots or garages may be included in meeting the calculation of the minimum parking spaces required in compliance with Chapter 17.330 (Off-Street Parking and Loading Standards).
17.430.190 — Emergency Shelters
This Section provides standards for the establishment and operation of emergency shelters, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and in compliance with Government Code Section 65583.
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-145 A. Maximum number of beds. Each emergency shelter may have a maximum of 20 beds.
B. Parking. Off-street parking shall comply with Chapter 17.330 (Off-Street Parking and Loading). Non-operational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator.
C. Design and amenities.
1. Waiting area. Each emergency shelter shall provide an exterior waiting area of at least 10 square feet per bed to accommodate clients and to prevent queuing into the public right-of-way. An exterior waiting area shall be physically separated from the public right-of-way. Interior waiting areas shall be allowed in compliance with the California Building Code.
2. Facility layout. Living, dining, and kitchen areas shall be physically separated from sleeping areas.
3. Sleeping area. Each emergency shelter shall provide at least 35 square feet of sleeping area per bed.
4. Bathroom facilities. Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities) in compliance with the California Building Code.
5. Telephone services. The shelter shall provide landline telephone services separate from the office phone in order to provide privacy. Any payphones provided shall allow call-out service only.
6. Additional standards. Each emergency shelter shall comply with applicable Building Code, Fire Code, and State Department of Social Services licensing requirements.
D. Location restriction.
1. Minimum separation distance. An emergency shelter shall be located at least 300 feet away from another emergency shelter.
2. Measurement of separation distance. The distance of separation shall be measured in a straight line between the main entrances of each use without regard to intervening structures or objects.
E. Operational standards.
1. Hours of operation. Hours of operation shall be limited to the hours between 6:00 p.m. and 8:00 a.m.
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2. On-site management. Each emergency shelter shall provide on-site supervision at all times.
3. Congregation in neighborhood prohibited. The shelter operator shall be responsible for the following:
a. Patrol of the surrounding area within 800 feet for one hour after the closing of the shelter each morning to ensure that homeless shelter residents are not congregating in the neighborhood.
b. Regular patrol of the area surrounding the shelter site to ensure that homeless persons who have been denied access are not congregating in the neighborhood.
4. Contact information. The shelter operator shall provide information about how to contact the operator with questions or concerns regarding shelter operations.
The contact information shall be posted on site where it is readily viewable by an employee, shelter inhabitant, or representative of a governmental agency.
5. Litter and graffiti. The shelter operator shall be responsible for the following:
a. Maintenance of the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; b. Providing for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises; and c. Removal of graffiti within 48 hours of written notice from the City.
6. Controlled access. The facility and/or the premises shall be accessed by only one entrance.
7. Supplemental services. Supplemental services (e.g., food, counseling, access to other social programs, etc.) may be offered on the inside of the premises. No exterior waiting areas are allowed for supplemental services.
17.430.200 — Limited, Seasonal Farming
This Section provides standards that allow for limited, seasonal farming and limited agricultural uses on vacant property within the City, and is intended to ensure compatibility of these uses with other uses in the City.
A. Applicability. The provisions of this Section shall apply to vacant land in any Residential or Open Space zone within the City.
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-147 B. Allowed Uses. Limited, seasonal farming, as that term is used in this Section, shall mean and refer to seasonal row and field crops. Limited farming shall also mean and refer to short-term, seasonal grazing for the purpose of non-mechanical weed abatement. The allowed limited farming uses are subject to the following standards:
1. Aerial application of pesticides shall be prohibited. Any use of pesticides shall be in compliance with all local, State and Federal rules and regulations.
2. Dust control shall be required.
3. Limited, seasonal farming operations shall be conducted in a manner that avoids negative impacts on adjacent property, and shall not constitute a nuisance.
4. No structures shall be allowed, as limited, seasonal farming and agricultural uses are considered interim uses in compliance with the General Plan.
5. A Zoning Clearance is required before commencement or expansion of limited, seasonal farming activities.
C. Nuisance Hearing.
1. If the Director receives more than 10 complaints regarding limited, seasonal farming activity on the same property, from separate individuals, and regarding a similar problem, during a 30-day period, the matter shall be set for a nuisance hearing.
2. Following the hearing, conditions may be imposed on the limited, seasonal farming activities.
3. Nothing in this Section shall preclude the City from investigating or taking any other action with respect to any complaint or the applicability of any farming practice related to health or safety issues.
17.430.210 — Live Entertainment
This Section provides standards for amplified and unamplified live entertainment, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Regulations for dance halls are in Municipal Code Chapter 5.40 (Public Dances).
A. Exempt activities. The provisions of this Section shall not apply to:
1. Hotels operating or allowed in compliance with approved Conditional Use Permits;
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2. Pre-recorded music played inside an establishment during hours the establishment is lawfully operating, provided that the volume levels conform to the standards in Section 17.300.060 (Noise);
3. Unamplified live entertainment that consists of no more than two performers, including patrons, playing unamplified instruments:
a. Without any dancing, singing, or spoken words;
b. At sound levels that allow persons to converse without straining to speak or be heard;
c. Indoors between the hours of 9:00 a.m. and 11:00 p.m.; and d. With a valid license fee paid in compliance with Municipal Code Chapter 5.08 (Business License Fees).
B. Business License. Amplified and unamplified live entertainment that is not exempt under Subsection A (Exempt activities) shall require payment of a license fee in compliance with Municipal Code Chapter 5.08 (Business License Fees) C. Development standards.
1. Exits from a structure shall generally be directed away from any residential zone or residential use adjoining the site. Exits for emergency use only are not included within this limitation.
2. Amplified live entertainment shall take place inside a structure and shall not occur outdoors, including in an outdoor dining area.
3. The premises within which amplified live entertainment takes place shall contain sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights-of-way, or within any separate units within the same structure, if the premises are in a mixed-use development.
4. No doors or windows shall be open during the amplified live entertainment.
D. Permit requirements. The conditions of approval for issuance of a permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits) shall include the following:
1. Days and hours of operation;
2. Maximum noise levels;
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3. Waste management;
4. Transferability;
5. The temporary vs. permanent nature of the use; and
6. Security personnel as recommended by the Police Chief. (ord. 16-01, adopted April 5, 2016)
17.430.220 — Mobile/Manufactured Homes
This Section provides requirements and development standards for the use of mobile homes and manufactured homes as single-family dwellings outside of mobile home parks and mobile home subdivisions, where single-family dwellings are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Compliance with State law. In compliance with Government Code Section 65852.3, a mobile/manufactured home may be installed on an approved foundation system on a parcel that is:
1. Zoned to allow a single-family dwelling; and
2. Determined to be compatible for mobile/manufactured home use.
B. Site planning, design, and construction standards. A mobile/manufactured home may be installed in compliance with the following conditions:
1. Site requirements. The site, and the placement of the mobile/manufactured home on the site, shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.
2. Exterior materials. The exterior siding, trim, and roof shall be of the same materials and treatments found in conventionally built single-family residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same parcel.
Mobile/manufactured homes installed in a zone with design guidelines shall comply with the guidelines for the zone.
3. Roof design. Roof overhangs and pitches shall be in character with the overhangs and pitches that are commonly used in conventionally-built singlefamily structures in the immediate neighborhood (or in adjacent neighborhoods if there are not sufficient examples in the immediate neighborhood).
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4. Foundation. The mobile/manufactured home shall be placed on a foundation system that meets the requirements of the Health and Safety Code, subject to the approval of the Building Official.
5. Minimum size. The mobile/manufactured home shall contain the minimum square footage of living area that is required for conventionally built singlefamily residential structures. The floor area of porches, garages, patios and similar features, whether attached or detached, shall not be included when calculating the floor living area.
6. Construction standards. The mobile/manufactured home shall be:
a. Certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 4401 et seq.) and bear a California insignia or Federal label as required by Health and Safety Code Section 18550(b).
b. Constructed within 10 years before the date of application for the installation permit.
17.430.230 — Outdoor Dining
This Section provides standards for outdoor dining areas.
A. Coordinated design scheme. The design and appearance of proposed improvements or furniture (e.g., tables, chairs, benches, umbrellas, planters, menu boards, etc.) to be placed in an outdoor dining area shall present a coordinated theme and shall be compatible with the appearance and design of the primary structure, as determined by the Director.
B. Hours of operation. Hours of operation for outdoor dining areas shall coincide with those of the associated indoor restaurant.
C. Property maintenance. The operator shall maintain the outdoor dining area(s) in a neat, clean, and orderly condition at all times. This shall include all tables, benches, chairs, displays, or other related furniture. An adequate number of trash receptacles shall be provided to serve the outdoor dining area.
D. Outdoor bar. A bar designed and/or operated to sell or dispense any alcoholic beverages shall require approval of a Conditional Use Permit.
E. Location. Outdoor dining areas may be allowed to locate in required setback areas but shall not encroach into required parking areas. They may be allowed to encroach into a public right-of-way with an approved Encroachment Permit issued by the City Engineer.
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-151 F. Noise. Amplified sound (e.g., music, television, etc.) shall not be audible beyond the lot line.
G. Approvals. Outdoor dining shall be approved by the Director through a Site Plan and Design Review.
17.430.240 — Outdoor Displays and Sales
This Section provides standards for temporary and permanent outdoor displays and sales (e.g., garden supply sales, news and flower stands, and similar uses where merchandise is displayed for sale), where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Exempt uses. Plant nurseries; motor vehicle, boat, and trailer dealers shall be exempt from the provisions of this Section.
B. Temporary Use Permit required. Each business that intends to conduct a temporary outdoor display and sales event shall first receive approval of a Temporary Use Permit in compliance with Chapter 17.640 (Temporary Use Permits) C. Business License. Each business that conducts or sponsors outdoor displays and sales shall hold a valid Business License issued in compliance with Municipal Code Chapter 5.04 (Business Licenses Generally).
D. Height limits. The outdoor display of merchandise shall not exceed a height of six feet above finished grade. The outdoor display of merchandise shall be limited to the ground-floor level. Merchandise shall not exceed a height of six feet above finished grade or the height of a ceiling on an unenclosed, covered entry structure (e.g., covered porch, patio cover, etc.), whichever is less.
E. Setbacks. Outdoor display and sales areas shall not encroach into required setback areas or the public right-of-way, unless specifically approved by the Director a minimum of 30 days before the sale. In zones where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines, unless otherwise approved by the Director.
F. Parking. Parking and maneuvering shall not be impeded, except that the Director may allow a maximum of 10 percent of the parking spaces to be used for the purposes of the sale.
G. Pedestrian circulation. Appropriate pedestrian aisle space shall be provided in compliance with the California Building Code and Federal ADA requirements.
H. Location of merchandise.
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1. Temporary display and sales. An event shall be conducted only on a parcel having a paved parking surface with permanent driveway access.
2. Permanent display and sales. Displayed merchandise shall occupy a fixed, specifically approved, location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, required parking spaces, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for pedestrian or vehicle traffic.
I. Location on property. The display/sales area shall relate directly to an allowed use that occupies a primary structure on the same premises. Display and sales activities that are conducted off-site or away from the primary place of business shall require a Temporary Use Permit approved in compliance with Chapter 17.640 (Temporary Use Permits).
J. Buffering and screening.
1. A 30-foot wide buffer shall be provided between the event and a residential zone or use.
2. The Director may require screening of outdoor sales and activity areas from the view of adjoining public rights-of-way by decorative walls, fences, or landscaping.
K. Signs. Additional signs shall not be provided for the outdoor display and sales area beyond those normally allowed for the primary use in compliance with Chapter 17.335 (Sign Standards). Signs mounted to utility poles, windows, and other locations outside the immediate area of the event shall be removed immediately. Stake-mounted signs and human sign holders shall be prohibited.
L. Nuisance. The event shall not become a safety hazard or public disturbance and shall not cause substantial adverse impacts on the surrounding properties by creating excessive dust, heat, glare, noise, odors, or pollutants as determined by the Director.
M. Other applicable regulations. Appropriate facilities, structures, and utilities shall be installed and maintained in compliance with all applicable building, fire and health regulations.
N. Standards for off-site sales. In addition to the standards in Subsections C-L, above, offsite sales (e.g., farmers’ markets, vehicle sales, community fundraisers, etc.) shall:
1. Provide three copies of a site plan, approximately to scale, indicating the location of the parking lot sale relative to adjacent parking lots, street rights-of-way, sidewalks, and structures.
2. Provide written evidence of property owner(s) permission.
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3. Establish a 20-foot clear area with a cone or tape barrier, physical guards, or fencing around the event site.
4. Provide a deposit, in an amount determined by the Director and to be held at the Department, for the clean-up/removal of debris at and around the event site. The deposit shall be released by the Director after the Director has inspected the event site and surrounding area.
5. Each dealer participating in a temporary motor vehicle parking lot sale shall comply with the California Department of Motor Vehicles regulations for pointof-sale tax allocation.
17.430.250 — Outdoor Storage
This Section provides standards for outdoor storage or work areas, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Enclosure and screening required. Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the review authority with a minimum height of six feet and a maximum height of eight feet.
B. Maximum height of stored materials. The materials within the storage area shall not be higher than the wall or fence, except where authorized by the permit for the storage area.
C. Landscaped setback. In any case where an outdoor storage area abuts a street right-ofway, the required screening wall or fence shall be set back from the right-of-way as required by the applicable zone, and the setback area shall be landscaped to the approval of the Director, and in compliance with Chapter 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016) D. Fencing for outdoor storage of goods and vehicles, keeping of livestock. A maximum of one foot of vertical barbed wire may be installed on top of fences and walls located in RE, IL, and IH zones with the approval of the Director, provided that the use served includes only the outdoor storage of goods or vehicles or the keeping of livestock.
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17.430.260 — Recreational Vehicle Parks
This Section provides standards for the development of recreational vehicle parks and recreational vehicle park subdivisions.
A. Dimensional standards for recreational vehicle park subdivisions. Recreational park subdivisions shall comply with the requirements in Table 4-6:
Table 4-6
Development Standards for Recreational Vehicle Park Subdivisions Development Feature Dimensional Standard
Site Area 10 acre minimum
Individual Lot Size 1,200 sq. ft. minimum
Density One RV unit per each RV lot (1)
Height
RV Lot 15 ft. maximum
RV Park Recreational Area 35 ft. maximum
Open Space
Private 100 sq. ft. minimum per RV lot (3)
Common The greater of 200 sq. ft. per RV lot
or 30,000 sq. ft.
Distance between Structures
10 ft. minimum distance between RV structures
6 ft. minimum distance between RV and related
accessory structures
Setbacks – RV Units
Front 3 ft.
Interior Side 3 ft.
Street Side
Adjacent to exterior street 20 ft. minimum from park exterior boundaries Adjacent to interior street 10 ft. minimum from park interior boundaries Adjacent to single-family zone 10 ft. minimum
Rear 3 ft. minimum
Setbacks – Accessory Structures (2) 3 ft. minimum
Widths of Interior Private Streets
No parking allowed 25 ft. minimum width
Parking on one side allowed 30 ft. minimum width
Parking on both sides allowed 35 ft. minimum width
Notes:
(1) The maximum density allowed within an RV park or RV park subdivision shall be indicated by the General Plan land use designation of the property and confirmed by the approved Conditional Use Permit. A density bonus may be granted in compliance with Chapter 17.310 (Affordable Housing Density Bonuses). (2) Accessory structures may include cabanas, ramadas, storage cabinets, carports, fences, stairways, ramps, etc. (3) Exclusive of required setback areas.
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-155 B. Allowable recreational vehicles. Only recreational vehicles that conform to the definition in Article 8 (Definitions) shall be allowed on recreational vehicle lots.
C. Lighting. Street lighting shall be provided to reasonably light all streets within the development including the installation of marbelite, aluminum, or equivalent poles. All outdoor lighting shall comply with Section 17.300.080 (Outdoor Light and Glare).
D. Parking. Parking shall be provided in compliance with Chapter 17.330 (Off-Street Parking and Loading).
E. Storage. Outdoor storage shall not be allowed. Storage sheds shall be allowed upon individual lots and shall conform to the setbacks required in this Section. Additional storage facilities may be allowed as part of the project approval process. No storage of construction or flammable materials shall be allowed except as approved by the Fire Department.
F. Streets. Streets shall be improved in compliance with the City’s Standard Specifications.
G. Trash/recycling facilities. Trash enclosures shall be provided in compliance with Chapter 17.305.130 (Solid Waste Storage and Recycling Facilities).
H. Utilities. Utility services shall be installed underground with the exception of a utility riser at each lot. All recreational vehicles shall be connected to an approved public sewer system.
I. Conflict with other applicable laws. In the event of a perceived conflict between regulations in this Section and other applicable laws, the more restrictive requirements shall control.
17.430.270 — Recycling Facilities
This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.
A. Reverse vending machines. Reverse vending machine(s) shall comply with the following standards:
1. Machines shall be installed as accessory uses and shall not require additional parking;
2. If located inside of a structure, machines shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation;
3. If located outside of a structure, machines shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof material(s);
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4. Machines shall not exceed an area of 50 square feet for each installation, including any protective enclosure, nor eight feet in height;
5. Machines shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;
6. Machines shall have operating hours that are consistent with the operating hours of the primary use; and
7. Machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with Section
17.300.080 (Outdoor Light and Glare).
B. Small collection facilities. Each small collection facility shall:
1. Not exceed an area of 350 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers;
2. Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;
3. Be located within one-half mile of supermarkets in compliance with the Beverage Container Recycling and Litter Reduction Act (Public Resources Code 14500 et seq.).
4. Accept only CRV glass, aluminum, or plastic containers, paper, and other recyclable items;
5. Not use power-driven processing equipment except for reverse vending machines;
6. Use containers that are constructed with durable waterproof and rustproof material(s), secure from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;
7. Not be located within 50 feet of any parcel zoned or occupied for residential use;
8. Any containers and site fencing shall be of a color and design to be compatible and harmonious with the surrounding uses and neighborhood;
9. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;
10. Signs may be provided as follows:
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-157 a. Collection facilities may have identification signs with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is less. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;
b. Signs shall be both compatible and harmonious with the character of their location; and
c. Directional signs, consistent with Chapter 17.335 (Sign Standards) and without advertising message, may be installed with the approval of the Director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
11. Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the primary use. One space shall be provided for the attendant;
12. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; and
13. Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study shows that existing capacity is not fully utilized during the time the mobile recycling facility would be on the site.
C. Large collection facilities. A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards:
1. The facility shall not be located within 100 feet of a parcel zoned or occupied for residential use.
2. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure in compliance with Section 17.305.110 (Screening and Buffering).
3. Structure setbacks and landscaping shall be provided as required for the subject zone.
4. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required screen walls.
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5. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.
6. Containers provided for "after hours" donation of recyclable materials shall be constructed of sturdy, rustproof material(s); have sufficient capacity to accommodate materials collected and be secured from unauthorized entry or removal of materials.
7. Dust, fumes, odor, smoke, or vibration above ambient levels shall not be detectable on adjoining parcels.
17.430.280 — Residential Care Facilities
This Section provides standards for the location and operation of residential care facilities for children or adults in compliance with State law.
A. Licensing and other State requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services.
B. Small residential care homes (6 or fewer adults or children). As required by State law (See Health and Safety Code Section 1597.30 et seq. (Family Day Care Homes), small residential care homes (6 or fewer adults or children) shall be considered a residential use of property and shall be allowed within a single-family residence located in any residential zone with no City land use permits required.
C. Large residential care homes (7 or more adults or children). Large residential care homes (7 or more adults or children) shall be allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and Chapter 17.325 (Water Efficient Landscape and Irrigation) provided the following standards are met. (ord. 16- 01, adopted April 5, 2016)
1. A drop-off/pick-up/loading/temporary parking area shall be provided adjacent to the main entrance;
2 A minimum of 10 percent of the site area shall be provided for usable indoor and/or outdoor recreation areas;
3. Outdoor recreation areas and open courtyards shall be provided throughout the project. These areas shall be designed to provide passive open space with tables, chairs, planters, or small garden spaces to make these areas useful and functional for tenants;
4. If located within a residential neighborhood, the architecture of the facility shall be compatible with the residential character of the area; STANDARDS FOR SPECIFIC LAND USES 17.430
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5. Security provisions shall be provided in the following manner:
a. The entire facility shall be designed to provide maximum security for residents, employees, and visitors (e.g., lighting, cameras, surveillance, etc.); and
b. Adequate measures shall be taken to provide for vehicle parking security including security gates, fencing, and night lighting.
17.430.290 — Satellite/Dish Antenna and Amateur Radio Antenna This Section provides standards for the location, installation, and maintenance of satellite antennas, amateur (noncommercial) radio communication facilities, and citizen band radio antennas.
A. Exempt. The following receive-only antennas shall not be regulated by this Section:
1. A ground-mounted or structure-mounted, radio or satellite dish antenna that does not project above the roof ridge line and does not have a diameter greater than one meter (39 inches) in residential zones;
2. A ground-mounted or structure-mounted, radio or satellite dish antenna that does not project above the roof ridge line and does not have a diameter greater than two meters (78 inches) in nonresidential zones; and
3. Roof-mounted radio or television aerials not exceeding 40 feet in overall height, as measured from ground level, in any zone.
B. Zones where allowed. Amateur radio antennas, structures, and masts and satellite dish antennas that comply with the development standards in this Section are allowed as an accessory use in all zones.
C. Development standards - Amateur radio antennas.
1. Lowering device. Amateur radio antennas, capable of a maximum extended height in excess of 40 feet, with the exception of whip antennas, shall be equipped with a motorized and mechanical device, capable of lowering the antenna to the maximum allowed height in the zone when the antenna is not in operation.
2. Allowed height.
a. The height of an antenna shall be measured from existing grade at the point the mast touches, or if extended would touch, the ground.
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4-160 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 b. When in operation, no part of any amateur radio antenna shall extend to a height of more than 75 feet above existing grade of the site on which the antenna is installed.
c. When not in operation, no part of any amateur radio antenna, excepting whip antennas, shall extend to a height of more than 35 feet measured above grade of the site on which the antenna is installed.
3. Number allowed. One amateur radio antenna structure and one whip antenna shall be allowed on each parcel.
4. Color. The antennas and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, green, brown, tan, etc.) and shall be, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.
5. Siting and setbacks. Antenna structures shall be in compliance with the following, as illustrated in Figure 4-2 (Location of Amateur Radio Antenna):
a. No portion is located within any required setback area; b. No portion is located within the front 40 percent of the depth of the parcel that abuts a public right-of-way; and
c. If a site abuts two or more public rights-of-way, the mast is not located within the front 40 percent of the depth of the parcel where primary access is provided to the parcel.
Figure 4-2
Location of Amateur Radio Antenna
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-161 D. Development standards - Satellite dish antennas.
1. Setbacks. A satellite dish antenna shall not be located in any required setback area except that satellite dish antennas that do not exceed six feet in height may be located:
a. In any required side setback area behind the front setback line; and b. In any rear setback area where the rear setback area is not adjacent to an alley.
2. Number. A maximum of one satellite dish antenna shall be allowed on a site.
3. Color. Satellite dish antennas that are not screened shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and shall be, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.
4. Sign. Signs of any kind shall not be posted or displayed on any satellite dish antenna.
5. Ground-mounted antennas.
a. Size. The diameter of a ground-mounted dish antenna shall not exceed 10 feet.
b. Height. The height of any portion of a ground-mounted dish antenna shall not exceed 15 feet.
c. Location. In all residential zones, a ground-mounted dish antenna shall be located on the rear one-half of the parcel.
d. Other requirements. In all zones, the location shall not reduce area required for parking, internal circulation, landscaping or other development standard criteria.
6. Roof-mounted antennas.
a. Size. The diameter of any roof-mounted satellite dish antenna shall not exceed 10 feet.
b. Height. Roof-mounted antennas shall not exceed the height limit of the subject zone.
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4-162 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 c. Location. A roof-mounted dish antenna shall be located on the rear onehalf of the parcel or the rear one-half of the structure farthest from the primary access to the parcel, whichever is farthest from the front lot line. d. Wiring. Electrical and antenna wiring shall be placed underground or otherwise screened from public view.
E. Permit requirements.
1. To ensure consistency with Government Code Section 65850.3, the Director may modify the development standards applicable to amateur radio antennas upon application for a Minor Use Permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits) if strict compliance with the development standards in this Section will result in:
a. Unreasonable limitations on, or prevent, reception or transmission of signals; or
b. Excessive costs in light of the purchase and installation costs of the antenna.
2. In the event the applicant satisfactorily demonstrates that strict compliance would unreasonably restrict or prevent reception or transmission of signals, or result in excessive costs, the Director shall issue the permit subject to any conditions deemed necessary or appropriate to minimize the impact of the installation of the antenna, provided the conditions do not unreasonably prevent or limit transmission or reception of signals will result in excessive costs.
17.430.300 — Senior Residential Projects
This Section provides alternative standards for senior residential projects to ensure quality housing alternatives to conventional single-family residences and condominium projects for senior citizens. Projects located within the RM, RH, RVH, MU, MU-E, or DV zones that conform to all applicable standards of the base zone, as well as the multi-family standards in Section
17.420 – Multi-Family Development, shall be processed as a Multi-Family Development Project and therefore exempt from this section and the Minor Use Permit requirement.
A. Location.
1. Senior residential projects should be located:
a. Close to shopping and in reasonable proximity to medical facilities and places of assembly; or
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-163 b. Within 600 feet of suitable public transportation facilities or routes providing access to these services.
2. In the alternative, senior residential projects may provide shuttle services.
B. Development standards. Senior residential development shall comply with the standards in Table 4-7 (Development Standards for Senior Residential Projects) and Chapter 17.325 – Water Efficient Landscape and Irrigation. (ord. 16-01, adopted April 5, 2016)
Table 4-7
Development Standards for Senior Residential Projects
Development Feature Standard
Site Area 20,000 sq. ft. minimum
Setbacks
Front 25 ft. minimum
Side 5 ft. minimum – Single-story
10 ft. minimum – Two-story
Street Side 10 ft. minimum
Review Appendix 1 of the Landscape Design Guidelines for possible greater setback requirements on certain streets.
Rear
10 ft. minimum
Except that parking structures may be closer than 10
feet to the rear property line
Parcel Lot Coverage Max 60% of gross parcel area, includes all structures (residential, recreational, parking, etc.)
Height 35 feet maximum
Unit Size One-bedroom units – 460 sq. ft. minimum
Two-bedroom units – 680 sq. ft. minimum
Private Storage 80 cu ft. minimum/unit
(exterior to dwelling unit)
Parking See Chapter 17.330 (Off-Street Parking and Loading) C. Recreation facility.
1. A recreation facility shall be provided for each senior residential project as follows:
a. Up to 99 units, a minimum of 1,200 square feet or 25 square feet per unit, whichever is greater.
b. 100 or more units, a minimum of 2,500 square feet, or 15 square feet per unit, whichever is greater.
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4-164 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
2. A recreation facility shall provide all of the following amenities:
a. Meeting room;
b. Restrooms;
c. Additional room(s) to be used as an office, library, card room, or similar use;
d. Kitchen facilities (e.g., cooking, sink, and clean-up areas; and e. Outdoor patio and barbecue area.
D. Design and accessibility.
1. Units above the first floor shall be accessible by elevator.
2. Dwelling units with ADA-compliant-features (i.e., features that comply with the ADA Standards for Accessible Design issued by the Department of Justice and published in the Code of Federal Regulations, such as no-step entrance, wider interior doorways and hallways, bathrooms with adequate maneuvering space and accessible showers and tubs, accessible environmental controls and light switches, etc.) shall be provided as follows:
Total # of Units in Development Required # of Units with ADA Features 10 - 20 units 1 unit
21 - 40 units 2 units
41 or more units 5% of total # of units
E. Covenants, Conditions, and Restrictions (CC&R’s). The occupancy of all dwelling units for each senior citizen housing development shall be secured by appropriate conditions, covenants, and restrictions (CC&R’s) recorded against the property. The CC&R’s shall be subject to approval by the City Attorney.
17.430.310 — Service Stations (Gas Stations)
This Section provides standards for service stations, where allowed in compliance with Article 2 (Zones, Allowable Uses, and Zone-Specific Standards).
A. Parcel requirements.
1. The minimum parcel size shall be 12,000 square feet.
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2. The minimum width shall be 100 feet, and the minimum depth shall be 100 feet.
3. The site shall have a minimum of 100 feet of frontage on a major or secondaryarterial street identified in the Circulation Mobility Element of the General Plan.
B. Number of pumps. The maximum number of pumps shall be determined by the approval authority based on the size of the site, on-site circulation, distance to sensitive receptors and access. Generally, one fuel pump dispenser shall be allowed per each 2,000 square feet of site area.
C. Site plan and design review. A site plan shall be submitted and approved in compliance with Chapter 17.630 (Site Plan and Design Review).
1. The service station shall have an integrated design of building materials, landscaping, roof lines, and signage.
2. The service station bays shall not face the public right-of-way.
3. Service work shall be performed only within an enclosed structure.
D. Landscaping. Landscaping shall comply with Chapter 17.325 (Water Efficient Landscape and Irrigation). In addition, the following standards shall apply:
1. A minimum five-foot wide, inside dimension, and six-inch high curbed landscaped planter area shall be provided along the street property lines, except for driveways, and alongside and rear property lines adjoining residentially zoned properties. Trees shall be provided in landscaped areas adjoining residentially zoned properties at a rate of one tree for each 20 lineal feet of planter area;
2. An on-site planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of 30 inches at this location; and
3. Additional landscaping may be required to screen the service station from adjacent properties. (ord. 16-01, adopted April 5, 2016) E. Lighting. Outdoor lighting shall comply with Section 17.300.080 (Outdoor Light and Glare). In addition, all outdoor lights or signals, except for those necessary for security lighting, shall be turned off when the service station is not in operation.
F. Merchandise display/storage. Outdoor display and storage of merchandise, materials, or equipment shall comply with the following:
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1. Display cabinets, racks, and vending machines shall be located within five feet of the primary structure or on a pump island.
2. The display cabinets may be placed on the interior perimeter property line but no closer than 10 feet to the street property line.
3. The locations of display racks and vending machines shall be specified by the approved site plan.
4. All other outdoor storage and display shall comply with Section 17.430.240 (Outdoor Displays and Sales) and Section 17.430.250 (Outdoor Storage).
G. Parking and circulation. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading). In addition, the following shall apply:
1. Paving. The entire site area shall be paved except the landscaped areas provided in compliance with Subsection D (Landscaping), above.
2. Access.
a. Each site shall have not more than two access ways (driveways) to any one street.
b. A minimum five-foot long full height curb shall be installed between an adjoining property line and the closest curb cut along any street frontage. c. Driveways shall be a maximum width of 30 feet.
d. Driveways shall not encroach into the curve of a street corner unless the radius of the curb return is greater than 30 feet.
e. A minimum 20-foot long full height curb shall be installed between curb cuts along any street frontage.
f. The City Engineer may modify the above access standards to ensure traffic safety.
H. Screening and buffering. Screening and buffering shall comply with Section 17.305.110 (Screening and Buffering). In addition, entrances to restrooms shall be screened from view of adjacent properties or public rights-of-way by decorative screening at least six feet in height. The bottom of a screen shall be raised 18 inches above grade for visibility and ventilation.
I. Setbacks. Pumps and pump dispenser islands shall be set back at least 25 feet from any lot line.
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-167 J. Signs. Signs shall comply with Chapter 17.335 (Sign Standards). Utility services to signs shall be installed underground.
K. Storage of trailers/vehicles. A maximum of 10 utility trailers (i.e., towed vehicles not used for human occupancy) may be stored for rent on service station sites, provided the trailers occupy an area that is in excess of the 2,000 square feet of site area required for each pump. The storage of inoperative vehicles is prohibited. No rental trucks or towing equipment shall be allowed.
L. Trash storage. Outside trash, garbage, refuse and storage areas shall comply with Section 17.305.130 (Solid Waste/Recyclable Materials Storage).
M. Utilities. Utility services to all structures shall be installed underground.
17.430.320 — Shopping Centers
This Section provides standards for the establishment of integrated shopping centers and large retail uses in zones where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). The intent is to establish a consistent set of standards based on the size of the retail commercial site in order to ensure the compatibility of retail commercial operations with surrounding land uses. Specifically, these standards will protect adjoining residential uses from the potential impacts of large retail commercial operations (e.g., auto and truck traffic conflicts, pedestrian safety, noise, air pollution, lighting, aesthetics, etc.).
A. Applicability. The requirements of this Section shall apply to the following:
1. Two or more acres. Shopping centers and large-scale commercial retail developments that are two or more acres in parcel size adjoining residential zone districts; and
2. Less than two acres. Smaller retail commercial developments where the Director determines that a significant potential exists for the proposed use to negatively impact adjoining residential zone districts.
B. Site plan and design review required. A site plan shall be submitted and approved in compliance with Chapter 17.630 (Site Plan and Design Review).
C. Separate permits. Individual land uses within the shopping center that are identified as requiring a permit in Table 2-6 (Allowed Land Uses and Permit Requirements in Commercial and Office Zones) (e.g., health and fitness facilities, outdoor display and sales, theaters, etc.) shall obtain the respective applicable permits separately. An amendment to the approved Site Plan and Design Review shall not be required.
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4-168 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Development standards.
1. Location. A shopping center shall have at least one street frontage on:
a. Neighborhood Shopping Centers. A collector or arterial (major or minor) street for Neighborhood Shopping Centers.
b. Community and Regional Shopping Centers. An arterial (major or minor) street for Community and Regional Shopping Centers.
2. Public right-of-way separation from residential. Where feasible, the design of a shopping center shall ensure that:
a. A public right-of-way exists between the shopping center and any residential zone;
b. A public right-of-way does not bisect the development or an expansion of the development;
c. On-site circulation occurs on private access easements. If the site consists of multiple parcels, the property owners shall enter into a reciprocal access and parking agreement, which shall be in a form approved by the City Attorney and shall be recorded in the County Records. A copy shall be filed with the City;
3. Abutting residential. If a proposed shopping center is in a commercial zone that abuts a residential zone, the following standards shall apply:
a. Structure setback. The setback for a structure adjacent to a residential zone shall be equal to the height of the structure, but in no case, shall the setback be less than the landscaping strip required in compliance with Subparagraph c (Landscaping), below. See Figure 4-3 (Examples of Shopping Structure Setbacks).
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-169 Figure 4-3
Examples of Shopping Structure Setbacks
b. Wall. A solid decorative masonry sound wall with a minimum height of eight feet, or higher if required by an acoustical analysis, shall be constructed and maintained on the project site along the common lot line in compliance with Section 17.305.110 (Screening and Buffering). A properly designed pedestrian access may be provided through the wall from a residential neighborhood to a neighborhood-serving commercial use subject to the approval of the review authority.
c. Landscaping. Landscaping shall comply with Chapter 17.325 (Water Efficient Landscape and Irrigation). (ord. 16-01, adopted April 5, 2016) d. Sidewalks. Sidewalks shall be provided along the full length of any side of a structure that features a customer entrance and along any side of a structure that abuts a public parking area. Sidewalks shall be located at least six feet from the facade of the structure in order to allow the installation of landscaping along the foundation.
e. Parking. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading).
f. Transit facilities. Provisions for transit facilities, (e.g., bus stops and shelters) shall be included as determined by the Transit Authority in consultation with the Director.
g. Signs. A comprehensive sign program shall be provided in compliance with Section 17.335.130 (Comprehensive Sign Program).
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4-170 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
17.430.330 — Solar Energy Systems; Expedited Permitting for Small Residential Rooftop Solar Energy Systems
The Section provides standards and procedures for the approval, installation, and operation of small solar energy systems, in compliance with the Solar Rights Act (Civil Code Section 714 et seq.) and Government Code Section 65850.5, and where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
This Section also creates an expedited, streamlined sola permitting process that complies with the Solar Rights Act, as amended by AB 2188 (Chapter 521, Statutes 2014), to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Section encourages the use of small residential rooftop solar energy systems by removing unreasonable barrier, minimizing costs to property owners and the City, and expanding the ability of property owners to install rooftop solar energy systems. This Section allows the City to achieve these goals while protecting the public health and safety. (ord. 15-08, adopted October 6, 2015) A. Definitions.
1. “Electronic submittal” means the utilization of one or more of the following:
i. Email;
ii. The Internet; or
iii. Facsimile.
2. “Small residential rooftop solar energy system” means a solar energy system which meets all of the following:
i. Is no longer than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal:
ii. Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City, and all state and City health and safety standards;
iii. Conforms to all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineer s, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability;
iv. Is installed on a single or duplex family dwelling; and STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-171 v. T he panel or module array does not exceed the maximum legal building height as defined by the City.
3. “Solar energy system” has the meaning set forth in paragraph (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
4. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (ord. 15-08, adopted October 6, 2015)
B. Permit application, and processing.
1. Permit requirements. The installation of a solar energy system shall require the issuance of a Zoning Clearance by the Director in compliance with Chapter
17.655 (Zoning Clearances), approval of the landscape and irrigation plans in compliance with 17.325 – Water Efficient Landscape and Irrigation, and the issuance of a Building Permit. (ord. 16-01, adopted April 5, 2016)
2. Additional information. In reviewing the application for Zoning Clearance, the Director may require the applicant to submit additional information as the Director deems necessary to determine whether the application meets the requirements of this Section. The applicant shall provide this additional information to the Director before the application shall be deemed complete.
3. Application approval. The Director shall determine whether the application includes structural design features or alterations that are not for the primary purpose of providing for the collection, storage and distribution of solar energy and that may require discretionary approval(s). If the application requires discretionary approval(s), the applicant shall obtain the approval(s) before the Director may issue a Zoning Clearance for the installation of the proposed solar energy system. An application that is for the primary purpose of providing for the collection, storage and distribution of solar energy shall be administratively approved through a nondiscretionary permit unless the Director determines, based on substantial evidence, that the solar energy system could have a specific adverse impact. The decision of the Director to require a use permit may be appealed to the Planning Commission.
4. Use Permit.
A. If a use permit is required, the Director may deny an application for the use permit if the Director makes Written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is
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4-172 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for pr eventing the adverse impact. Such decision may be appealed to the Planning Commission.
B. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
C. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. T he City shall use its best efforts to ensure that the selected method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance in excess of the standards set forth below in paragraphs 5(a) and (b) of this Subsection.
5. Modification/waiver of standards. The Director may modify the standards in Subsection E, below, if the Director determines that the application of the standards would significantly increase the cost of the solar energy system or significantly decrease its efficiency or specified performance. In determining whether a standard significantly increases costs or decreases efficiency, the Director shall be guided by the following criteria contained in California Civil Code Section 714(d):
a. For solar domestic water heating systems or solar swimming pool heating systems, "significantly" means an amount exceeding 10 percent of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as specified and proposed in the completed application.
b. For photovoltaic systems, "significantly" means an amount not to exceed $1,000 over the cost of the solar energy system included in the completed application or a decrease in system efficiency of an amount exceeding 10 percent, as specified and proposed in the completed application.
6. Appeal. The final decision of the Director to issue a Zoning Clearance for the installation of a solar energy system may be appealed in compliance with Chapter 17.715 (Appeals), except that in reviewing the appeal, the review authority shall be guided by the criteria in this Section. Therefore, the appeal hearing shall not be deemed a public hearing and shall not be subject to the notice and requirements applicable to public hearings.
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-173 C. Protection of solar access. In compliance with the Solar Shade Control Act (Public Resources Code Section 25980 et seq.), 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 time.
D. Equipment standards. Solar energy systems shall comply with the following standards.
1. Water heating systems. A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation or other nationally recognized certification agency. The certification shall be for the entire solar energy system and installation.
2. Photovoltaic systems. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electric Code, the Institute of Electrical and Electronic Engineers, and accredited testing laboratories (e.g., Underwriters Laboratories) and where applicable, rules of the Public Utilities Commission regarding safety and reliability.
E. Installation and placement guidelines. The installation and construction of a solar energy system shall be subject to the following installation and placement guidelines.
Solar energy system installation and placement shall also comply with all applicable standards and guidelines provided in the Municipal Code.:
1. A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
2. A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the City, acknowledging and approving the connection.
3. A solar energy system may be roof mounted or ground mounted. a. A roof mounted system may be mounted on a principal or accessory structure. A roof mounted system, whether mounted on the principal or accessory structure, may not exceed the maximum principal structure height or accessory structure height specified for the building type in the underlying zone. In no instance shall any part of the solar energy system extend beyond the edge of the roof.
b. A ground mounted system shall not exceed the maximum building height for accessory structures.
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4. The surface area of a ground mounted system, regardless of the mounted angle, shall be calculated as part of the overall structure coverage.
5. A ground mounted system or a system attached to an accessory structure shall not be located within the required front setback.
6. The minimum solar energy system setback distance from the property lines shall be equivalent to the structure setback or accessory structure setback requirement of the underlying zone.
7. All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:
a. Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other non-invasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of Chapter 17.315 (Fences, Walls, and Hedges) may be used.
b. Mechanical equipment shall not be located within the minimum front setback of the underlying zone.
c. Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zone.
8. Solar panels shall be placed so that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
9. Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be necessary.
10. All power transmission lines from a ground mounted solar energy system to any structure shall be located underground.
11. A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturer’s and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the sign regulations provided in Chapter 17.335 (Sign Regulations).
12. A solar energy system shall not be constructed until the appropriate building/zoning permits have been approved.
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13. The design of the solar energy system shall conform to applicable industry standards. The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and the design shall be certified by an Engineer registered in the State of California.
14. The City shall not condition approval of an application for a solar energy system on the approval of an association, as defined in Section 4080 of the Civil Code.
F. Applicant Obligation.
Prior to submitting an application, the applicant shall:
i. Verify, to the applicant’s reasonable satisfaction, through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
ii. At the applicant’s cost, verify to the applicant’s reasonable satisfaction, using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.
G Small Residential Rooftop Solar System Requirements; Expedited Permitting.
1. A solar ener gy system that qualifies as a small residential rooftop solar energy system, as defined in this Section, shall be processed in accordance with the terms of Subsections G through I of this Section.
2. A small residential rooftop solar energy system shall meet applicable health and safety standards and requirements imposed by the state and the City, local fire department or district.
3. T he Director shall, prior to September 30 , 2015, adopt an administrative, nondiscretionary expedited review process for small residential rooftop solar energy systems, which shall include standard plan(s) and checklist(s). T he checklist(s) shall set forth all requirements with which small residential rooftop solar energy systems must comply with to be eligible for expedited review .
4. T he small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most
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4-176 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. In the case of a conflict between the terms of Subsection E of this Section, and the checklist and standard plans, the checklist and standard plans shall govern.
5. All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on a publicly accessible City website.
6. Electronic submittal of the required permit application and documents by electronic means shall be made available to all small residential rooftop solar energy system permit applicants. T he City’s website shall specify the permitted method of electronic document submission.
7 An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
H. Application Review for Small Rooftop Solar Energy Systems.
1. An application that City staff determines satisfies the information requirements contained in the City’s checklist(s) for expedited small residential rooftop solar system processing, including complete supporting documents, shall be deemed complete.
2 . If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
3. After City staff deems an application complete, City staff shall review the application to determine whether the application meets local, state, and federal health and safety requirements.
4. Unless the Director deter mines a use permit is warranted, City staff shall issue a building permit or other nondiscretionary permit within a reasonable period of time after receipt of a complete application that meets the requirements of the approved checklist, standard plan and this Section.
5. T he Director may require an applicant to apply for a use permit (in accordance with the terms of Subsection B4(b) above) if the Director finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decision, or a decision to deny a use permit, may be appealed to the Planning Commission.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-177 I. Inspections for Small Residential Rooftop Solar Energy Systems.
1. Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review.
2 T he inspection shall be done in a timely manner.
3. If a small residential r ooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Chapter. (ord. 15-08, adopted October 6, 2015)
17.430.340 — Tobacco Stores
A. Purpose. The purpose of this Section is to prohibit head shops and smoking lounges, and to regulate the location and operation of tobacco stores in the City to maintain the City's character, the diversity and vitality of the City's commercial areas, and the quality of life of City residents.
B. Definitions. For purposes of this Section, the following terms shall have the following definitions:
1. Drug Paraphernalia. Shall have the meaning specified in Health and Safety Code Section 11014.5, and as that Section may be amended from time to time.
2. Head Shop. A retail outlet that receives 50 percent or more of its gross revenues from the sale of drug paraphernalia or occupies 50 percent or more of the net floor area of the store for the sale or display of synthetic cannabinoid compounds or derivatives as defined in Health and Safety Code Section 11357.5, psychoactive bath salts, and/or any other similar psychoactive substances labeled as not safe for human consumption.
3. Hookah. A glass or metal water pipe usually decorated and shaped somewhat like a bottle or small tank, with a long, flexible cord pipe, also known as a hubble bubble, nag, nargile, shisha, and Turkish water pipe.
4. Hookah Lounge. An area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of hookahs, but does not include the private use of hookahs in personal residences, if otherwise in compliance with applicable law.
5. Person. Any natural assignee, cooperative association, corporation, partnership, person, personal representative, receiver, trustee, or any other legal entity.
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6. Smoking Lounge. A business establishment that is dedicated, in whole or in part, to the inhalation of tobacco products including but not limited to establishments known variously as cigar lounges, hookah lounges, private smoker's lounges, tobacco bars, or tobacco clubs.
7. Tobacco Paraphernalia. Any device, product, equipment, or material of any kind that is intended or designed for use for smoking, inhaling, or ingesting tobacco, notwithstanding that the device, product, equipment, or material may also be used for smoking, inhaling, or ingesting any controlled substance.
Tobacco Paraphernalia shall include, but is not limited to, all of the following:
a. Bongs;
b. Blunt wraps, as defined in Penal Code Section 308;
c. Chillums;
d. Cigarette papers or wrappers;
e. Cigarette rolling machines;
f. Hookahs and similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested; g. Ice pipes or chillers;
h. Metal, acrylic, ceramic, glass, ivory, plastic, stone, or wooden pipes with or without screens, permanent screens, hashish heads, or punctured bowls; and
i. Water pipes.
8. Tobacco Product means:
a. Any substance containing tobacco leaf, including, but not limited to chewing tobacco, cigars, cigarettes, dipping tobacco, pipe tobacco, snuff, bid is, or any other preparation of tobacco; and
b. Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence.
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9. Tobacco Store. A retailer or wholesale business or any person which (a) sells, offers for sale, or offers to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia and (b) has 15 percent or more of the square feet in the establishment used for the sale or display of Tobacco Products or Tobacco Paraphernalia.
C. Head Shops and Smoking Lounges Prohibited. It is unlawful for any person to cause or permit the creation of, or operate, a head shop or smoking lounge. The operation of a head shop or smoking lounge shall constitute a public nuisance subject to abatement under this Development Code.
D. Tobacco Stores - Conditional Use Permit Required. It shall be unlawful for any person to cause or permit the creation or substantial enlargement of a tobacco store without first obtaining and maintaining a Conditional Use Permit, in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits). The operation of a tobacco store without a valid Conditional Use Permit shall constitute a public nuisance subject to abatement under this Development Code.
E. Tobacco Stores - Permit Application Requirements. All Conditional Use Permit applications for establishment of a tobacco store shall include the following information in addition to information generally required by the City and as specified in the Department handout for Conditional Use Permit and Minor Use Permit applications:
1. The name, address, and telephone number of each person with an ownership or managerial interest in the tobacco store.
2. The business name, address, and telephone number of the single fixed location for which a Conditional Use Permit is sought.
3. Proof that the location for which a Conditional Use Permit is sought has been issued a valid State Tobacco Retailer's License by the California Board of Equalization.
4. Proof that every person with an ownership or managerial interest in the proposed tobacco store has been issued a valid Tobacco Retailer's License by the County of Riverside.
5. Other information as the Director deems necessary for the administration or enforcement of this Section.
F. Tobacco Stores - Permit Findings. In addition to the required findings for a Conditional Use Permit as specified in Chapter 17.605, no Conditional Use Permit shall be issued for a tobacco store unless all of the following findings are first made by the applicable review authority:
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1. The tobacco store will be located in the CG or CR zones;
2. The tobacco store will meet all of the following minimum spacing requirements.
All measurements shall be taken from nearest property line to nearest property line.
a. The tobacco store will be at least 1,000 feet from any other tobacco store or retail establishment that typically offers tobacco or tobacco related products;
b. The tobacco store will be at least 1,000 feet from any public or private school where minors are present;
c. The tobacco store will be at least 1,000 feet from any child care center, park, library, commercial establishment that has an on-site children's playground, or places where classes or group activities for children are held;
d. The tobacco store will be at least 1,000 feet from any places of worship; and
e. The tobacco store will be at least 1,000 feet from any residentially zoned property.
3. The tobacco store is in substantial compliance with the requirements of all applicable adopted Building Codes; and
4. The tobacco store is in substantial compliance with the development standards for the zone in which it is to be located.
G. Tobacco Stores - Conditions of Approval. A Conditional Use Permit granted in compliance with this Section shall contain all of the following conditions of approval.
1. The tobacco store shall not sell any tobacco products or tobacco paraphernalia to any person without first examining the purchaser's identification if the purchaser reasonably appears under the age of 27 years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in State law for being sold the tobacco product or tobacco paraphernalia.
2. The tobacco store shall not employ any person who is younger than the minimum age in State law for being sold or for possessing any tobacco product or tobacco paraphernalia.
3. No person shall display tobacco products or tobacco paraphernalia by means of a self-service display or vending machine.
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4. Fixed security bars may not be installed over windows and glass panels in doors.
Security bars shall be rolled back during the tobacco store's operating hours.
5. No smoking shall be permitted anywhere on the premises of the tobacco store.
6. No more than 10 percent of the floor area of the tobacco store, or eight square feet of shelf space, whichever is less, shall be devoted to the display of tobacco paraphernalia.
7. Violation of any condition of approval shall constitute a public nuisance subject to abatement under this Development Code.
8. The tobacco store shall not sell any drug paraphernalia, or synthetic cannabinoid compounds or derivatives, as defined in Health and Safety Code Section 11357.5, psychoactive bath salts, and/or any other similar psychoactive substances labeled as not safe for human consumption.
9. Tobacco products shall be sold in the original packaging provided by the manufacturer.
H. Tobacco Stores - Permit Not Transferrable.
1. Notwithstanding Section 17.660.060 (Permits to Run with the Land), a Conditional Use Permit for a tobacco store applies only to the location for which it is granted and only to the persons to whom it is granted.
2. If the business is sold, the new owner(s) shall apply for and obtain a new Conditional Use Permit for that location before assuming the operation of the tobacco store.
3. If the owner(s) of a tobacco store desire to move the location of their tobacco store, the owner(s) shall first apply for and obtain a new Conditional Use Permit for that new location.
I. Tobacco Stores - Permit Revocation. A Conditional Use Permit granted in compliance with this Section may be revoked, in compliance with Section 17.725.070 (Revocation or Modifications), after a public hearing is held on the matter if any of the following grounds for revocation exists:
1. The permit was obtained by fraud.
2. The property has ceased to be used as a tobacco store for a period of 180 days or more, or the ownership has changed without obtaining a new Conditional Use Permit.
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3. The City issued Business License has been expired for a period of 60 days or more, whether or not the business remains in operation.
4. The Conditional Use Permit is being, or recently has been, exercised contrary to its terms or conditions, or in violation of any local, State or Federal law.
5. The California Board of Equalization has revoked or suspended the Tobacco Retailer's License for the location.
6. One or more of the owner(s) of the tobacco store no longer have a valid Tobacco Retailer's License from the County.
17.430.350 — Vehicle Storage and Towing and Storage
This Section provides standards for the establishment of vehicle storage and towing and storage uses, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and ZoneSpecific Standards).
A. Pre-existing uses. A legally established vehicle storage and towing and storage uses that becomes nonconforming upon adoption of this Section shall be allowed to continue subject to Chapter 17.705 (Nonconforming Parcels, Structures, and Uses).
B. Operational Standards.
1. The vehicle storage and towing and storage uses shall be as defined in Article 8 – Vehicle Storage (Land Use) and Vehicle Services (Land Use), Towing and Storage.
2. All vehicles within the vehicle storage and towing and storage yards shall have ground contact of all wheels. No stacking of vehicles shall be permitted.
3. All other applicable requirements of the underlying zone, and any applicable combining/overlay zone or specific plan, whichever is most restrictive, shall prevail and other requirements as may be imposed by the review authority pursuant to the discretionary permit process.
4. The business shall be operated in compliance with the provisions of Noise Control (Chapter 8.40 of the San Jacinto Municipal Code).
5. All areas shall be maintained in good repair, in a clean, neat and orderly condition.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-183 C. Design and Development Standards.
1. The use shall not be located closer than 300 feet to any property in a residential, mixed use, office, or commercial zone, as measured from property line to property line.
2. The vehicle storage, impound or tow storage yard shall be entirely enclosed by an 8-foot-high decorative masonry wall pursuant to Chapter 17.315 – Fences, Walls, and Hedges and City’s Landscape and Design Guidelines on streets classified as secondary major or higher in the General Plan.
3. Setbacks shall be in compliance with the underlying zone except that a minimum 20-foot landscaped setback shall be provided along all street frontages.
4. All landscaping shall be designed in accordance with Chapter 17.325 – Water Efficient Landscaping and Irrigation.
5. The surface of the storage yard shall be covered with slate, slag or alternate dust-, weed- and mud-retardant material acceptable to the review authority. Any stormwater or other runoff from the site shall be contained on the site and disposed of through an on-site drainage system, in conformance with City regulations to enforce the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit.
6. The use shall be designed in compliance with the Performance Standards of Chapter 17.300 of the Development Code.
7. The use of metal buildings shall be in compliance with Section 17.305.080 – Metal Building and Structures.
8. Parking shall be in compliance with Chapter 17.330 – Off-Street Parking and Loading Standards.
9. Signs shall be in compliance with Chapter 17.335 – Sign Regulations.
10. All applicable standards of Chapter 17.305 – Development and Use Standards shall apply.
D. Modifications. Modifications to the above Operational and Design and Development Standards, even those found in other sections of the Development Code, may be considered in conjunction with a Minor Use Permit.
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17.430.360 — Wind Energy Systems
This Section provides standards and procedures for the approval, installation, and operation of noncommercial wind energy systems, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
A. Permit application and processing.
1. Permit requirements. The permit application shall include all information required in Chapter 17.605 (Conditional Use Permits and Minor Use Permits) Chapter 17.325 – Water Efficient Landscape and Irrigation, and the following:
a. Standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code (UBC), and certification by a California-licensed professional mechanical, structural, or civil engineer. A "wet stamp" shall not be required on the drawings and analysis if the application demonstrates that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot.
b. A drawing of the system’s electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.
c. Information demonstrating that the system will primarily be used to reduce on-site consumption of electricity.
d. Evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customerowned electricity generator, unless the applicant intends, and so states in the application, that the system will not be connected to the electricity grid.
e. Evidence that the proposed height of the windmill tower does not exceed the height recommended by the manufacturer or distributor of the system. (ord. 16-01, adopted April 5, 2016)
2. Notice to adjacent property owners. Notice of an application to install a wind energy system shall be provided to all property owners located within a 300-foot radius of the exterior boundaries of the subject parcel.
3. Required findings for approval. In approving the permit for a wind energy system, the review authority shall first find the following, in addition to the STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-185 findings required for permit approval in Chapter 17.605 (Conditional Use Permits and Minor Use Permits):
a. The location and design of the system will not produce excessive visual impact; or
b. The system will not be the dominant visual feature on a ridgeline when viewed from a public right-of-way,
B. Minimum site area. A wind energy system may only be located on a parcel of one acre or larger in size.
C. Maximum number. A maximum of one wind energy system shall be approved on a single parcel.
D. Limitations on location. A wind energy system shall be:
1. Located a minimum of 500 feet away from another wind energy system; and
2. Set back a minimum distance equal to the tower height plus the length of one blade (the turbine's "total extended height") from the property line, habitable neighboring structures, utility lines, and public right-of-ways.
E. Noise.
1. Decibel levels for the wind energy system shall not exceed the lesser of 60 decibels (dBA), or any existing maximum noise levels applied in compliance with Municipal Code Chapter 8.40 (Noise) and the Noise Element of the General Plan, as measured at the nearest property line, except during short-term events, such as utility outages and severe windstorms. The Director may require submittal of an acoustical analysis report prepared by a qualified acoustical consultant. The report shall address whether wind turbine operations will generate low-frequency noise or infrasound, a steady pure tone, repetitive impulsive sounds, or some combination of these.
2. In the event that noise levels, resulting from a proposed development, exceed the criteria listed above, a waiver to noise levels may be granted by the review authority provided that the following has been accomplished:
a. Written consent from the affected property owner(s) has been obtained stating that they are aware of the proposed development and the noise limitations imposed by this Development Code, and that they grant their consent to allow noise levels to exceed the maximum allowable limits; and
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4-186 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 b. A permanent noise impact easement has been recorded in the County Public Records that describes the benefited and burdened properties and advises all subsequent owners of the burdened property that noise levels in excess of those permitted by this Development Code may exist on or at the burdened property. The City Attorney shall approve the form and content of any proposed noise impact easement.
F. Height. Tower heights of not more than 80 feet shall be allowed on parcels between one and five acres. Tower heights of not more than 100 feet shall be allowed on parcels above five acres. All tower heights shall not exceed the applicable limits established by the Federal Aviation Administration. An application shall include evidence that the proposed height of a tower does not exceed the height recommended by the manufacturer or distributor of the system.
G. Equipment standards.
1. Maximum capacity. A wind energy system (i.e., a wind turbine, a tower, and associated control or conversion electronics) may have a maximum rated capacity of 100 kW and shall be intended to primarily reduce on-site consumption of utility power.
2. Turbine standards. The proposed turbine shall have been approved by the California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund of the CEC's Renewables Investment Plan, or certified by a national program recognized and approved by the CEC.
17.430.370 — Wireless Telecommunication Facilities
This Section establishes development standards consistent with Federal law to regulate the placement and design of wireless telecommunication facilities so as to preserve the unique visual character of the City; promote the aesthetic appearance of the City; ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of telecommunication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced telecommunication services within the City.
Two-level review process. Proposed wireless telecommunication facilities shall be subject to one of the following review and approval processes:
1. Site Plan and Design Review. Proposed wireless telecommunication facilities shown as “P” in the land use tables in Article 2 shall comply with all of findings specified in Subsection B. (Site Plan and Design Review), below, and the design standards and guidelines outlined in Subsections E (Development and design guidelines) and F. (Major Highways), below, in compliance with Chapter 17.630 (Site Plan and Design Review).
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2. Conditional Use Permit. Proposed wireless telecommunication facilities shown as “MUP” or “CUP” in the land use tables in Article 2 shall require a Minor Use Permit or Conditional Use Permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits) and shall comply with all of the design standards and guidelines outlined in Subsections E (Development and design guidelines) and F. (Major Highways), below. The applicable review authority may grant modifications to specified standards and/or guidelines.
B. Site Plan and Design Review. Site Plan and Design Review and Landscape and Irrigation review (see Chapter 17.325 – Water Efficient Landscape and Irrigation) may be approved for wireless telecommunication facilities only if all of the following findings can be made:
1. The antenna are located in a commercial or industrial zone;
2. Building-mounted or roof-mounted antenna do not exceed 15 feet in height and are architecturally screened from public view;
3. Antenna are stealth design in connection with a structure (e.g., buildings, water tanks, telephone and utility towers, poles, signs, traffic signals, light standards, roadway overpasses, etc.) so as not to be recognized as an antenna;
4. Support equipment is located within a completely enclosed structure or otherwise screened from public view;
5. Antenna meet all of the applicable development standards within the applicable zone as required by this Development Code; and
6. Antenna will be, if reasonably possible, collocated with an existing site (e.g., a utility substation, cellular facility. etc.). (ord. 16-01, adopted April 5, 2016) C. Conditional Use Permit Review. The following wireless telecommunication facilities shall require approval of a Conditional Use Permit and Landscape and Irrigation review pursuant to Chapter 17.325 – Water Efficient Landscape and Irrigation:
1. Ground-mounted antenna (monopole);
2. Proposed facilities that create more than a minimal visual impact on surroundings as determined by the Director. In determining where more than a minimal visual impact exists, the following factors should be considered:
location of facility, size and view of facility from adjacent properties and contrast between the facility and other external structural equipment attached to the facility;
3. Facilities located within the line of sight of any scenic corridor; and
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4. New facilities that may later have facilities co-located with them (“base facilities”) in compliance with Government Code Section 65850.6 (b)(4). (ord. 16- 01, adopted April 5, 2016)
D. Location guidelines.
1. The preferred order for location of wireless telecommunication facilities is as follows:
a. Industrial zones – BP, IH, and IL; and then
b. Commercial zones – CD, CG, CN, CR, and OP. If proposed within a Specific Plan (SP) zone, the preferred land use designation order of placement is:
(1) Industrial zones.
(2) Business park zones.
(3) Commercial zones.
c. Residential zones – RE, RR, RL only.
2. Wireless telecommunication facilities may be approved within a residential zone, provided that the property is not developed with a single-family dwelling unit.
Consideration of potential impacts on any residential property will be evaluated.
3. Wireless telecommunication facilities shall:
a. Be co-located with another structure, where appropriate; b. Utilize stealth designs and technologies; and
c. Be roof-mounted or wall-mounted as an integral architectural element on an existing structure.
4. The applicant shall investigate the feasibility of co-locating additional antenna on the tops of buildings, on existing monopoles, and/or clustering facilities. If colocation or clustering is not possible in the case of a particular proposal, the applicant shall submit evidence at the time of the submittal. With the submittal of the Conditional Use Permit application, the applicant shall submit a copy of the appropriate portion of the tentative lease agreement indicating that no exclusive agreements have been made to prevent future carriers to locate on the same site or facility, as well as submit a design plan that does not preclude the installation of additional antenna by other owners.
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5. Monopoles shall be separated by a minimum distance of 1,000 feet from any existing monopoles, as measured in a straight line.
E. Development and design standards and guidelines. Applications for wireless telecommunication facilities shall be submitted to the Department and shall be reviewed for compliance with all applicable design standards and guidelines.
1. All individuals, companies, and providers of wireless telecommunication facilities shall provide a master plan of all existing and proposed sites. The plans shall indicate the type of facility, its height above ground level, associated support structures, and its cell coverage.
2. Support structures shall be screened from public view by locating them next to tall structures or placing them near existing tall trees. Where applicable, the support structures shall be screened from public view with dense landscaping.
3. Wireless telecommunication facilities shall meet all of the applicable setbacks and height regulations of the underlying zone, with the exception of a stealth monopole tower, which may exceed the height limitation of the underlying zone by up to 10 feet.
4. Wireless telecommunication facilities may be designed as part of, or within, a piece of public art (e.g., an entry monument, etc.) or within an historical structure for public benefit.
5. The height of the support structures shall be the minimum necessary to provide the required coverage. However, an antenna mounted on a wireless telecommunications facilities or its support structure consisting of a stealth monopole shall not exceed the maximum allowable height in any underlying zone by more than 10 feet.
6. Safety lighting or colors, if prescribed by the City or other approving agency (i.e., Federal Aviation Administration), may be required for support structures.
7. Support structures shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with surroundings. Where an equipment structure accompanies the support structure, it shall be designed, colored and textured to match adjacent architecture or blend in with surrounding development.
8. A proposed wireless telecommunication facility shall not create any nonconformity on the site (i.e., reduction in parking, landscaping, loading zones; and/or elimination of loading zones). Wireless telecommunication facilities shall be installed and maintained in compliance with the California Building Code, California Electrical Code, and other applicable codes, including noise regulations in specified Section 17.300.060 (Noise).
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9. No existing or future wireless telecommunication facility shall interfere with any public safety radio communications system. If the facilities are found to interfere with a public safety radio communications system, or any system facilitating the transmission or relay of voice or data information for public safety, the facility operator shall immediately cease operation of the wireless telecommunication facilities. Operation of the facility shall only be allowed to resume upon removal or other resolution of interference to the satisfaction of the City.
10. Whip and microwave dish antenna shall be integrated into the design of the structure and/or fully screened from public view.
11. Utilities shall be installed underground.
12. A fence of at least eight feet in height from finished grade shall be installed in order to enclose the base of the antenna supporting structure and associated equipment enclosures. Access to the antenna supporting structure shall be controlled by a locked gate. The fence shall be constructed in compliance with Chapter 17.315 (Fences, Walls, and Hedges), except that chain link construction may be allowed if located in the rear portion of the facility and not visible from a public right-of-way.
13. Temporary monopoles, if associated with an approved wireless telecommunication facility, may be allowed if justified to the satisfaction of the Director for a period of up to 90 days, provided that screening shall be installed to prevent view of the monopole and related facilities from any and all public rights-of-way.
14. Towers or monopoles without stealth treatment for concealment shall be prohibited.
15. The facility operator and/or property owner shall maintain the facility in an appropriate manner consistent with the original approval of the wireless telecommunication facility.
16. If use of the wireless telecommunication facility is discontinued for a period of 180 days or more, all City approvals shall lapse and all equipment related to the wireless telecommunication facility shall be dismantled and removed from the subject parcel within 30 days of discontinuance.
17. Signage.
a. No signs shall be placed on antenna supporting structures, ancillary appurtenances, equipment enclosures, or on any fence or wall required/allowed by this Section.
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SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-191 b. If high voltage is necessary for the operation of proposed wireless telecommunications facilities, “High Voltage—Danger” and “No Trespass” warning signs not greater than one square foot in area shall be permanently attached to the fence or wall at intervals of at least 40 feet and upon the access gate.
c. A sign not greater than one square foot in area shall be attached to the access gate that indicates the following information:
(1) Federal registration number, if applicable;
(2) Name of owner or contact person; and
(3) Emergency contact number.
F. Major Highways. The following additional standards and conditions shall apply to wireless telecommunication facilities located within 1,000 feet of the ultimate right-ofway of roadways identified in the General Plan Circulation Mobility Element as a Freeway, Limited Access Conventional Highway (6 or 8 lanes), Urban Arterial, or Arterial.
1. A monopole tower shall utilize stealth design and be set back a minimum of 200 feet from the ultimate right-of-way of any roadway identified in the General Plan Circulation Mobility Element as a Freeway, Limited Access Conventional Highway (6 or 8 lanes), Urban Arterial, or Arterial; except in cases of co-location with existing wireless telecommunications facilities approved before adoption of this regulation on June 4, 2009.
2. A wireless telecommunication facility shall be located near existing or proposed trees, vegetation, buildings/structures, or other features on the project site that would aid in providing screening and concealment. To provide screening and concealment, at least two new 48-inch box trees of similar appearance to a stealth monopole tower shall be provided in close proximity to the facility, as well as suitable landscaping (e.g., bushes, shrubs, vines on fences or walls, etc.). Trees on the project site within 100 feet of the facility may be reasonably trimmed and pruned, but shall be maintained at a height that is consistent with the height of a stealth monopole tower, and shall not be removed unless recommended by an arborist due to disease. Any removed tree shall be replaced with at least one 48- inch box tree.
G. Modification of Existing Wireless Telecommunications Facilities.
1. For purposes of this Subsection G., the following definitions shall apply:
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4-192 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 a. Base station. The power supplies, electronic equipment, and antennas at an existing wireless tower site that together comprise a wireless telecommunications facility for purposes of this Subsection. b. Substantially change the physical dimensions. A single change, or a series of changes over time (whether made by the same or different entities) viewed against the physical dimensions (including but not limited to the height, circumference, or width) of the wireless telecommunication facility or base station approved as part of the original permit for the wireless telecommunication facility or base station, that would have any of the effects described below:
(1) Changing any physical dimension of the wireless
telecommunication facility or base station in a manner that creates a safety hazard, whether from wind loading, stress on the wireless telecommunication facility or base station, or in any other manner; (2) Changing any physical dimension of a wireless
telecommunication facility or base station, where the changes would be inconsistent with the design of the wireless
telecommunication facility or base station, or make the wireless telecommunications facilities more visible;
(3) Any modification of the wireless telecommunication facility or base station that would require excavation outside the current wireless telecommunication facility or base station site; (4) Changing any physical dimension of the wireless
telecommunication facility or base station involving work that would intrude upon the public right-of-way or any
environmentally sensitive area more than was authorized in the initial permit for the wireless telecommunication facility or base station;
(5) Increasing by more than 10 percent any physical dimension of the wireless telecommunication facility or base station, or increasing by more than 10 percent any physical dimension of any
structure(s) required to support the wireless telecommunication facility or base station (e.g., guy wires), as approved and constructed through the initial permit process; or any increase in height that would cause the wireless telecommunication facility or base station to exceed the maximum height permitted under this Development Code or under the wireless telecommunication facility initial permit;
STANDARDS FOR SPECIFIC LAND USES 17.430
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-193 (6) Increasing by more than 10 percent any of: (a) the height of any structure or object enclosing the wireless telecommunication facility (e.g., a fence or line of bushes); or (b) the area enclosed by any structure or object containing the wireless telecommunication facility;
(7) Adding or replacing any antennas or antenna arrays that would increase the exposed surface area of the wireless
telecommunication or would be of such depth, circumference, or radius as to extend more than 10 percent beyond any existing antenna or antenna array’s depth, circumference, or radius from the wireless telecommunication facility; or
(8) The installation of additional or replacement transmission equipment that involves installing equipment cabinet(s) not permitted under the initial permit, unless the equipment and cabinets will be installed underground.
c. Wireless Telecommunication Facilities. Use as defined in Article 8. d. Wireless Tower . Any structure built for the sole purpose of supporting antennas and their associated facilities used to provide wireless telecommunications services licensed by the Federal Communications Commission (FCC). A water tower, utility tower, utility pole, street light, building or other structure built primarily for any purpose other than supporting antennas and their associated facilities used to provide FCClicensed wireless telecommunications services, including any structure installed in compliance with California Public Utility Code Section 7901, is not a wireless tower for purposes of this Subsection, even if the City has authorized installation of an antenna or a wireless telecommunications facility on the structure or permitted replacement of the structure with a modified structure that may also accommodate antennae or wireless telecommunications facilities (e.g., street light replacement poles with antennae or wireless telecommunications facilities where the primary purpose of the structure remains as a street light).
2. In compliance with P.L. 112-96, Sec. 6409, codified as 47 U.S.C. § 1455(a), and notwithstanding any provision of this Section to the contrary, a request for a modification of an existing wireless telecommunication facility for the collocation of new transmission equipment or removal or replacement of existing transmission equipment that does not substantially change the physical dimensions of the wireless telecommunication facility shall be approved, conditionally approved, or disapproved in compliance with the applicable
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4-194 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 procedures specified in this Section for a collocation facility, as modified by this Subsection.
3. Any proposed modification to an existing wireless telecommunication facility for the collocation of new transmission equipment or removal or replacement of existing transmission equipment that substantially changes the physical dimensions of either the wireless telecommunication facility , or any modification of any wireless telecommunications facility that does not qualify as an existing wireless tower or base station as defined herein, shall be disapproved and will be subject to the requirements specified in this Section applicable to the specific type of wireless telecommunications facility proposed.
4. A request for a modification of an existing wireless telecommunication facility for the collocation of new transmission equipment or removal or replacement of existing transmission equipment that does not substantially change the physical dimensions of the wireless telecommunication facility station shall be approved if the following findings are first made:
a. The proposed modification does not substantially change the physical dimensions of the wireless telecommunication facility;
b. Completion of the modification as proposed is not inconsistent with the General Plan, the purpose of this Development Code, and the purposes of the zone in which the wireless telecommunication facility is located, and the development policies and standards of the City;
c. The proposed modification will not adversely affect the health, safety or general welfare of persons residing or working on the site of the wireless telecommunication facility or in the vicinity;
d. The proposed modification is consistent with the requirements of the Building Code; and
e. The wireless telecommunication facility, as modified, will not exceed Federal RF emission standards.
5. Nothing in this Section shall be deemed to require the City to issue a permit in compliance with this Section as a matter of local law. Nothing in this Section prevents the City from imposing other conditions on the grant of the permit (including by way of example and not limitation time limits on the permit, shielding requirements, coloring, marking requirements, or construction requirements) consistent with obligations imposed with respect to the initial installation or with respect to facilities similar to those proposed by applicant.
STANDARDS FOR SPECIFIC LAND USES 17.430
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6. This Subsection is adopted to comply with P.L. 112-96, Section 6409. This Subsection shall become null and void if P.L. 112-96, Section 6409, is rescinded.
The City further reserves the right to raise all issues or assert any defenses in response to a challenge asserted under P.L. 112-96, Section 6409, including challenges to the constitutionality or validity of that Federal legislation.
17.435 CANNABIS ORIENTED BUSINESSES
4-196 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Chapter 17.435 — Cannabis Oriented Businesses
Sections:
17.435.010 – Purpose and Intent
17.435.020 – Applicability
17.435.030 – Definitions
17.435.040 – Cannabis Oriented Businesses Development Standards
17.435.050 – Performance Standards
17.435.060 – Permits Required
17.435.010 — Purpose and Intent
The purpose of this Chapter is to regulate Cannabis Oriented Businesses and uses to promote the health, safety, and general welfare of the citizens of the City. Cannabis Oriented Businesses shall only be permitted in accordance with the criteria and procedures set forth in this Code, upon application and approval of a Cannabis Oriented Business Permit pertaining to the use of the site. Cannabis Oriented Businesses may have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this Chapter to establish standards for the conduct of Cannabis Oriented 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 Cannabis Oriented Businesses, and maintain local property values.
17.435.020 — Applicability
This chapter shall apply to all Cannabis Oriented Businesses and Uses except Residential Indoor Cultivation regulated by Chapter 9.28 of the San Jacinto Municipal Code.
17.435.030 — Definitions
For purposes of this chapter, the following definitions shall apply. Terms used in this chapter shall be consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Chapter 1 of Division 10 of the Business and Professions Code, the Cannabis Cultivation Program, Chapter 1, Division 8, Title 3 of the Code of Regulations, and the California Uniform Controlled Substances Act, Chapter 1 of Division 10 of the Health and Safety Code as indicated. The definitions contained at Business and Professions Code section 26001, Code of Regulations section 8000, and Health and Safety Code section 11000, as amended from time to time, shall apply to this chapter and shall be given precedence in the event of a conflict with the definitions in this chapter. In the event of a conflict between state codes, the code section referenced shall be given precedence. The definitions, as they appear as of the adoption of this ordinance, are included for reference purposes in italics and may be amended, administratively, to be consistent with changes in the associated state codes.
CANNABIS ORIENTED BUSINESSES 17.435
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-197 A. “A-license” has the same meaning as in Section 26001 of the Business and Professions Code. “A-license” means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation.
B. “A-licensee” has the same meaning as in Section 26001 of the Business and Professions Code. “A-licensee” means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician’s recommendation.
C. “Cannabis” has the same meaning as in Section 26001 of the Business and Professions Code. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
D. “Cannabis Oriented Business” means any business which cultivates, manufactures, produces, distributes, sells, or tests cannabis or cannabis products, whether wholesale or retail, for medical or recreational purposes.
E. “Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code. As of the writing of this ordinance, “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
F. “Commercial cannabis activity” has the same meaning as in Section 26001 of the Business and Professions Code. “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division [Division 10 Cannabis {26000-26250}].
G. “Cultivation” has the same meaning as in Section 26001 of the Business and Professions Code. “Cultivation” means any activity involving the planting, growing, harvesting, or trimming of cannabis.
17.435 CANNABIS ORIENTED BUSINESSES
4-198 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 H. “Cultivation site” has the same meaning as in Section 8000 of the Code of Regulations Code. “Cultivation site” means a location where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
I. “Day Care Center” has the same meaning as in Section 26001 of the Business and Professions Code. “Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers, and includes child care centers licensed pursuant to Section 1596.951 [of the Health and Safety Code] (Section 26001 of the Business and Professions Code references Section 1596.76 of the Health and Safety Code).
J. “Delivery” has the same meaning as in Section 26001 of the Business and Professions Code. “Delivery” means the commercial transfer of cannabis or cannabis products to a customer.
K. “Dispensary” shall mean any establishment which engages in the retail sale of cannabis for medical or recreational purposes consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
L. “Distribution” has the same meaning as in Section 26001 of the Business and Professions Code. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
M. “Indoor Cultivation” (Land Use) means the cultivation of cannabis that occurs within a completely enclosed building that is not a greenhouse of other similar agricultural structure and is different than defined in Section 8000 of the Code of Regulations Code.
N. “Industrial hemp” has the same meaning as in Section 11018.5 of the Health and Safety Code. “Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. Industrial hemp shall not be subject to the provisions of [Division 10 (commencing with Section 11000) of the Health and Safety Code] or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
O. “M-license” has the same meaning as in Section 26001 of the Business and Professions Code. “M-license” means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.
P. “M-licensee” has the same meaning as in Section 26001 of the Business and Professions Code. “M-licensee” means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.
CANNABIS ORIENTED BUSINESSES 17.435
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-199 Q. “Manufacture” has the same meaning as in Section 26001 of the Business and Professions Code. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
R. “Manufacture area” is the area of the site where cannabis or cannabis products are manufactured.
S. “Manufacturer” has the same meaning as in Section 26001 of the Business and Professions Code. “Manufacturer” means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
T. “Marijuana” refer to Cannabis.
U. “Medicinal cannabis” or “medicinal cannabis product” has the same meaning as in Section 26001 of the Business and Professions Code. “Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation.
V. “Microbusinesses” has the same meaning as in Section 26070 of the Business and Professions Code. “Microbusiness,” for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by [Division 10 of the Business and Professions Code] on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. Microbusiness licenses that authorize cultivation of cannabis shall include the license conditions described in subdivision (b) of Section 26060.1 [of the Business and Professions Code].
W. “Nursery” has the same meaning as in Section 26001 of the Business and Professions Code. “Nursey” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
17.435 CANNABIS ORIENTED BUSINESSES
4-200 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 X. “Outdoor Cultivation” (Land Use) mean the cultivation and distribution of cannabis that occurs outdoors or within a greenhouse or other similar agricultural structure, and includes “Mixed-Light cultivation” and “outdoor cultivation” as defined in Section 8000 of the Code of Regulations:
1. “Mixed-light cultivation” means the cultivation of mature cannabis in a greenhouse, hoop-house, glasshouse, conservatory, hothouse, or other similar structure.
2. “Outdoor cultivation” means the cultivation of mature cannabis without the use of artificial lighting or light deprivation in the canopy area at any point in time.
Y. “Process,” “Processing,” and “Processes” has the same meaning as in Section 8000 of the Code of Regulations Code. “Process,” “Processing,” and “Processes” mean all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products.
Z. “Regulatory permit” means any permit required by the City to engage in a Cannabis Oriented Business or activity, including but not limited to the Cannabis Oriented Business Permit required by San Jacinto Municipal Code section 9.28.
AA. “Secured area” is all cultivation areas, manufacture areas and storage areas, and includes areas where cannabis or cannabis products are loaded onto vehicles or other conveyances for delivery or transportation.
BB. “State license” means any license required by the State of California for the operation of any business or activity related to Cannabis Oriented Businesses, including but not limited to licenses issued under Division 10 of the Business & Professions Code.
CC. “Storage area” is any area where Cannabis or Cannabis Products are stored.
DD. “Testing laboratory” has the same meaning as in Section 26001 of the Business and Professions Code. “Testing laboratory” means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
1. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
2. Licensed by the Bureau of Cannabis Control.
CANNABIS ORIENTED BUSINESSES 17.435
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-201 EE. “Youth Center” has the same meaning as in Section 26001 of the Business and Professions Code. “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities (Section 26001 of the Business and Professions Code references Section 11353 of the Health and Safety Code).
FF. Any term defined in this Section also means the very term as defined in the California Use & Professions Code or the California Health & Safety Code, unless otherwise specified.
17.435.040 — Cannabis Oriented Businesses Development Standards All Cannabis Oriented Businesses shall comply with the following requirements, and the following applicable requirements of this Section shall be deemed conditions of all Cannabis Oriented Businesses Permit approvals. Failure to comply with applicable requirement contained in this Code shall be grounds for revocation of any permit issued in compliance with this Code.
A. Underlying Zone Standards. The establishment of a Cannabis Oriented Business shall comply with all applicable City zoning site development standards of the zone, or area in which the Cannabis Oriented Business is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the City, except as explicitly modified by this chapter. Non-conforming uses or properties must be brought into conformity with all applicable standards including, but not limited to, parking, landscaping, and signage.
B. Permitted Locations. Cannabis Oriented Businesses shall only be permitted in the following locations:
Land Use Permitted Location
Outdoor Cultivation Parcels located west of North Sanderson Avenue and north of Cottonwood Avenue.
Indoor
As permitted in Tables 2-2 – Allowed Uses and Permit
Requirements (Commercial and Office Zones and
Industrial Zones respectively)
Cultivation
Dispensaries
Distribution
Manufacturing
Microbusinesses
Testing Laboratories
C. Restriction on Alcohol and Tobacco Sales or Consumption. Cannabis Oriented Business shall not allow the sale, dispending, or consumption of alcoholic beverages or tobacco on the site of the Cannabis Oriented Business.
17.435 CANNABIS ORIENTED BUSINESSES
4-202 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 D. Outdoor Cultivation.
1. Minimum Site Size. No outdoor Cannabis Oriented Businesses use shall take place on any parcel/lot less than 2 acres.
2. Minimum Cultivation Area Size. There is no minimum; however, the cultivation area shall comply with licensing requirements established by the California Department of Food & Agriculture.
3. Maximum Cultivation Area Size. There is no maximum; however, the cultivation area shall comply with licensing requirements established by the California Department of Food & Agriculture.
4. Secure Area. The secure area shall be fully enclosed in a minimum 6-foot-tall fence or wall. All loading, unloading and distribution areas shall be screened from view from the right of way by the building or solid wall (block, wood or vinyl) no less than 6 feet. a. Prohibited Materials: Screen mesh and other similar material shall not be added to chain link fencing. Barbed wire, razor wire, and fences with an electrical charge that can be touched from outside the fence shall be prohibited if visible from the public right-of -way.
5. Proximity Standards – Schools, Day Care and Youth Centers. No outdoor cultivation use shall be established or located within 600 feet of a school providing instruction in kindergarten or any grades 1 through 12, Day Care Center, or Youth Center. The distance between any Cannabis Oriented Businesses and any school shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the nearest property line of the site containing the Cannabis Oriented Business to the nearest property line of the School, Day Care and Youth Center.
6. Proximity Standards - Residences.
a. No outdoor cultivation use shall be established or located within 100 feet of any residence excluding residences located within the parcel for which a Cannabis Oriented Business Permit is requested.
b. Outdoor cultivation within 200 feet of any residence, excluding residences located within the parcel for which a Cannabis Oriented Business Permit is requested, shall be limited to areas within an enclosed greenhouse with sufficient odor control mechanisms.
7. Permitted Accessory Uses. Outdoor Cultivation uses shall be limited to the growth, cultivation, processing, transportation and distribution of cannabis.
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8. Prohibited Uses. Manufacturing, retail sales, and other uses not expressly permitted shall be prohibited.
9. Parking.
a. Quantity: On-Site parking shall be provided as determined by the Director based on the operation of the facility.
b. Material: An alternative all-weather parking surface may be permitted subject to review and approval of the Director, Engineering and the Fire Marshal; however, at least the first 100 feet of the driveway must be paved per city standards to prevent track out onto City streets.
10. Parking Lot Lighting. Parking lot lighting shall not be required.
E. Indoor Cannabis Oriented Uses
1. Minimum Area Size. There is no minimum; however, the cultivation or manufacturing areas shall comply with licensing requirements established by the California Department of Food & Agriculture.
2. Maximum Cultivation Area Size. There is no maximum; however, the cultivation or manufacturing areas shall comply with licensing requirements established by the California Department of Food & Agriculture.
3. Secure Area. The secure area shall be fully enclosed in a minimum 6-foot-tall fence or wall. All loading, unloading and distribution areas shall be screened from view from the right of way by the building or solid masonry wall no less than 6 feet. a. Prohibited Materials: Screen mesh and other similar material shall not be added to chain link fencing. 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.
4. Proximity Standards – Schools, Day Care and Youth Centers. No indoor cultivation use shall be established or located within 600 feet of an existing school providing instruction in kindergarten or any grades 1 through 12, Day Care Center, or Youth Center. The distance between any Cannabis Oriented Businesses and any school shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the building containing the Cannabis Oriented Business to the nearest property line of the School, Day Care and Youth Center.
17.435 CANNABIS ORIENTED BUSINESSES
4-204 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17
5. Proximity Standards - Residences. No Cannabis Oriented Businesses shall be established or located within 100 feet of any residential dwelling. The distance between any Cannabis Oriented Businesses and any residence shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the building containing the Cannabis Oriented Business to the nearest property line of the residence.
6. Parking. Parking shall be provided in accordance with Chapter 17.330 except as modified below.
Use Minimum Parking Spaces
Cultivation, Distribution and
Manufacturing
1 space per employee at the largest
shift
Dispensary (Adult Use Retail and
Medical Sales)
1 space for each 250 square feet GFA
Testing Laboratories 1 space for each 500 square feet GFA GFA – Gross Floor Area
7. Additional Standards for Dispensaries
a. Notwithstanding the proximity standards above, no Dispensary shall be established or located within 600 feet of a feet of an existing school providing instruction in kindergarten or any grades 1 through 12, Day Care Center, or Youth Center. The distance between the Dispensary and any school shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the building containing the Dispensary to the nearest property line of the School, Day Care and Youth Center. b. Dispensaries shall only be permitted as an ancillary use to a permitted and fully operational Cultivation or Manufacturing Cannabis Oriented Business located within the City Limits. A maximum of one (1) dispensary shall be permitted per licensed Cultivator or Manufacturer. No Land Use Permit applications for a Dispensary shall be accepted for processing until the associated cultivation or manufacturing Cannabis Oriented Business is fully operational.
c. Dispensaries must obtain a separate Cannabis Oriented Businesses Permit and a Cannabis Oriented Business Regulatory Permit.
d. Only one dispensary may be located on a single-parcel.
CANNABIS ORIENTED BUSINESSES 17.435
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-205 e. Dispensaries shall not be located within 500 feet of another dispensary. The distance between dispensaries shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the property lines of each dispensary nearest the other.
f. Dispensaries shall be limited in size to no larger than three thousand, five hundred (3,500) square feet while at no time allowing the public dispensing area to exceed one thousand, five hundred (1,500) square feet. g. No dispensary shall operate between the hours of 10:00pm and 6:00am. h. Dispensaries shall maintain High Resolution video recording of all entrances and exits and interior spaces of the facility for no less than 240 hours. The cameras shall be in use twenty-four (24) hours per day, seven days per week. i. Recordings made by security cameras shall be made immediately available to the city manager or designee upon verbal request; no search warrant or subpoena shall be needed to view the recorded materials. j. The cannabis retail business shall notify patrons of the following through posting of a sign in a conspicuous location:
i. Secondary sale, barter or distribution of cannabis is a crime and can lead to arrest.
ii. Loitering on and around the retail site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the retail site or on the property or in the parking lot.
iii. A warning that patrons may be subject to prosecution under federal cannabis laws.
iv. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery.
17.435.050 — Performance Standards
A. No Consumption. Cannabis or Cannabis Product shall not be consumed on any site containing a Cannabis Oriented Business except as authorized by a Cannabis Oriented Business Permit in compliance with State Law.
17.435 CANNABIS ORIENTED BUSINESSES
4-206 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 B. Secured Area. The main entrance to the secured area shall be manned by at least one security guard at all times during operating hours. Any other entrance shall be secured in a manner that only enables entry of authorized persons. For purposes of this requirement, the “main entrance” may be the entrance to the employee parking area provided that the parking area is secure and there is no separate main entrance to the secured area. Each cultivation area, manufacture area, and storage area shall be within the secured area.
C. Manufacturing, Storage and Distribution Areas. All manufacturing, storage and distribution shall be within a fully enclosed building or accessory structure, except that outdoor loading docks may be used for loading for distribution provided the loading docks are fully screened from public view by a building or solid masonry wall as provided above.
D. Cleanliness. All exterior areas of any Cannabis Oriented Business site, including building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.
E. Lighting. All lighting shall be in accordance with Section 17.300.080 – Outdoor Light and Glare and Section 17.330.080 – Parking Design and Development Standards of the Development Code except as otherwise modified in this Chapter.
F. Noise. Cannabis Oriented Business shall comply with all applicable standard of Section
17.300.060 – Noise of the Development Code and Chapter 8.40 – Noise of the Municipal Code.
G. Odor Control. Cannabis Oriented Business shall install odor control systems to ensure that odors from the facility are not detectable from the outside of the facility. Failure to control odors from being detectable from outside the facility shall be grounds for revocation of the Cannabis Oriented Business Permit.
H. Management. A manager with operational authority shall be on the premises during all times the use is operating and must be included on the associated Cannabis Oriented Business Regulatory Permit.
I. Protection of Minors. In Compliance with Section 26140 of the Business and Professions Code:
1. Any facility with an A-license shall not:
a. Sell cannabis or cannabis products to persons under 21 years of age. b. Allow any person under 21 years of age on its premises, unless the A-licensee holds an M-license and the licensed premises for the A-license and M-license are the same.
CANNABIS ORIENTED BUSINESSES 17.435
SAN JACINTO DEVELOPMENT CODE, TITLE 17 DECEMBER 2022 4-207 c. Employ or retain persons under 21 years of age.
d. Sell or transfer cannabis or cannabis products unless the person to whom the cannabis or cannabis product is to be sold first presents documentation which reasonably appears to be a valid government-issued identification card showing that the person is 21 years of age or older.
2. Notwithstanding subdivision (1) above, any facility with an M-licensee may:
a. Allow on the premises any person 18 years of age or older who possesses a valid government-issued identification card, and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for himself or herself or for a person for whom he or she is a primary caregiver.
b. Allow any person 21 years of age or older on its premises if the M-licensee holds an A-license and the licensed premises for the M-license and A-license are the same.
c. Sell cannabis, cannabis products, and cannabis accessories to a person 18 years of age or older who possesses a valid government-issued identification card and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician’s recommendation for himself or herself or for a person for whom he or she is a primary caregiver.
J. Copies of State Permits. The applicant shall provide the City with copies of all applications, plans and security plans submitted to the State for a State License.
17.435.060 — Permits Required
A. Land Use Permit. Every property for which a Cannabis Oriented Business is proposed to be established, maintained, operated, or conducted in the City shall obtain a Cannabis Oriented Business Permit, pursuant to Chapter 17.603 – Cannabis Oriented Business Permit.
B. Regulatory Permit. Every person who proposes to establish, maintain, operate, or conduct a Cannabis Oriented Business in the City shall obtain a Cannabis Oriented Business Regulatory Permit required by the City, pursuant to Chapter 9.28 – Regulation of Cannabis Uses C. Business License. Every person who proposes to establish, maintain, operate, or conduct a Cannabis Oriented Business in the City shall obtain a business license.
D. State License. Every person who proposes to establish, maintain, operate, or conduct a Cannabis Oriented Business in the City and every property for which a Cannabis Oriented
17.435 CANNABIS ORIENTED BUSINESSES
4-208 DECEMBER 2022 SAN JACINTO DEVELOPMENT CODE, TITLE 17 Business is proposed to be established, maintained, operated, or conducted shall obtain all state licenses for the activity to be conducted. Any applicant or operator who begins operation prior to issuance of state licenses must fully comply with existing state and local law and must apply for a state license at the earliest possible opportunity. To the extent the United States of America, or any federal department or agency, establishes any procedure for the licensing, permitting, or regulating of Cannabis Oriented Business, then any reference in this Code to a state license shall be deemed to also include any relevant federal license.
E. Duty to Maintain Copies of All Permits, Licenses, Permits and Conditions of Approval. A copy of all Land Use Permits, Regulatory Permits, Business License, State License or other permit or license required by the City, County, or State for the establishment or operation of a Cannabis Oriented Business shall be maintained on site along with all conditions of approval associated thereof. Such permits may be inspected from time to time by City, County or State representatives or Law Enforcement personnel and shall be furnished immediately upon request. The on-site manager, in addition to the property owner, business owner, or representative shall be responsible for ensuring compliance with all applicable codes, permits, licenses, and conditions of approval. (Ord. 19-10, Adopted June 18, 2019 CANNABIS ORIENTED BUSINESSES 17.435
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