Chapter 5.16
DEVELOPMENT REGULATIONS
Sections:
5.16.020 Availability of essential services.
5.16.030 General design requirements and considerations.
5.16.040 Landscaping and screening.
5.16.050 Refuse disposal facilities.
5.16.070 Utility installation.
5.16.090 Manufactured housing.
5.16.010 Purpose.
To establish uniform minimum standards in order to improve the compatibility of land uses and development with adjacent land uses and development. (Ord. 97-17, 10-28-1997)
5.16.020 Availability of essential services.
Unless otherwise addressed by other approval processes (i.e., major subdivisions, conditional use permits), all development shall comply with the following:
A. All projects that require the additional use of or new facilities for essential services (including, but not limited to, sanitary sewers, water lines, storm drains, fire hydrants, public streets, street lighting and similar services, such as police and fire facilities, schools and/or other capital facilities) shall obtain preliminary approval as required by the agency providing such service prior to issuance of a building permit, or final land use permit if no building permit is required.
B. The nonavailability of essential services may be grounds for denying permits for additional development until such services are available. During any period of threatened or actual shortage of essential services that are provided by the City, the City shall have the right to apportion its available capacity among consumers in such manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety. Such apportionment shall grant priority to housing with units affordable to lower income housing.
C. The City is not obligated to extend or supply essential services if capacity is not available, obligated or reserved. If capacity is available, the extension of services shall be made by, and at the cost of, the developer.
D. All service extensions shall be designed and installed in full conformance with City standards or the standards of the providing agency, as appropriate.
E. All service extensions shall be subject to review, permit and inspection as required by other policies or ordinances of the City or the service provider.
All development proposals shall be reviewed to assure consistency with the circulation policies and standards contained in the General Plan. (Ord. 2016-3 § 10, 7-12-2016; Ord. 97-17, 10-28-1997)
5.16.030 General design requirements and considerations.
A. Minimum Standards. The following minimum design standards shall apply to all new residential development in the City:
1. A roof pitch of at least two feet to 12 feet;
2. No exposed foundation piers or supports;
3. All exterior surfaces shall be painted, stained or otherwise coated to the satisfaction of the Planning Director and/or Architectural Review Committee;
4. Development will be consistent with adopted City neighborhood or specific plans.
B. Design Considerations. In considering the design plans for all nonresidential development and residential development, the following design considerations shall be evaluated:
1. General architectural considerations including neighborhood compatibility (character and scale), overall quality of design, use of special architectural features and attention to trim and other design details. Special attention shall be given to development along Highway 33 outside of downtown, and areas within the downtown, to assure that projects are designed to complement the character, scale, and mass of the historic downtown and to avoid the appearance of strip development;
2. Architectural relationship with the site and other buildings on the site so as to avoid monotony and create an attractive visual environment;
3. Relationship and orientation toward the natural features of the site including waterways or drainage courses, and view corridors;
4. Quality of building materials, building colors, screening of mechanical equipment and appurtenances, exterior lighting, fencing, signage, walkways, and trash enclosure location and design;
5. General landscape considerations including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of landscaped areas, and similar elements. As much as is practical, all projects should emphasize the planting of native and/or drought-tolerant landscaping. (Ord. 97-17, 10-28-1997)
5.16.040 Landscaping and screening.
A. Policy Statement. All sections of a lot not devoted to buildings, decks, patios, and similar improvements, sidewalks, lighting, signing, trash collection, parking, and/or driveway improvements shall be landscaped in accordance with the provisions of this title.
B. Water Conservation Encouraged. In order to encourage water conservation, nonvegetative (decorative gravel, bark, etc.) treatments, the planting of native or drought-tolerant landscape materials, and use of water-efficient irrigation systems are encouraged.
C. Location of Screening. Whenever any nonresidential use immediately abuts a residential zoning district, and is not separated by an alley, a solid nonliving screen shall be required along the mutual property line(s).
1. A buffer area of not less than three feet in width shall be reserved to accommodate such screening.
2. On all projects, every reasonable effort shall be made to locate landscaping and screening to disrupt the view of parking and utility areas from public streets, parks and recreation areas.
D. Protection from Vehicle Damage. Whenever required landscaping or screening is adjacent to parking areas or driveways, such landscaping or screening shall be protected by a concrete curb, wheel stop or other suitable type of barrier.
E. Solar Access. When trees are incorporated into an approved landscape plan, they shall be planted in such a manner so as to maximize the provision of sunlight to on-site and off-site windows and/or solar collectors.
F. Visual Obstructions. When placed within or immediately adjacent to a dedicated public right-of-way, no landscape or screening material shall be permitted to obstruct clear vision so as to create a potential traffic hazard.
1. Landscaping which is primarily intended or designed to serve as fencing shall not be permitted to exceed three feet in height within the required front yard setback.
2. On the street sides of corner lots, no landscaping shall be permitted to exceed three feet in height above the top of the existing or proposed street curb within a triangular area formed by a line drawn between points 20 feet from the intersecting corner property lines.
G. Maintenance. Landscaping, fences and screening shall be maintained in accordance with Chapter 8.02 NCC.
H. Size of Trees. In order to achieve immediate effect, all trees which are planted on the street side(s) of a newly developed lot shall be transplanted from 15-gallon or larger size containers; or as prescribed by the Director of Public Works (in accordance with Chapter 11.04 NCC).
1. All newly planted trees shall be adequately supported when planted in accordance with City standards.
2. Where existing trees are required to be preserved, all new development shall be designed so as to respect the current drip lines of the trees.
I. Inspection Prior to Occupancy. When a landscaping plan has been required, all landscaping shall be installed and inspected by a representative of the Public Works Department before any use or occupancy of a building or site. (Ord. 97-17, 10-28-1997)
5.16.050 Refuse disposal facilities.
A. With the exception of single-family detached and duplex residences, all outdoor storage facilities for fuel, raw materials, trash and/or waste products shall be enclosed by a four sided screened fence or wall, or combination thereof, so as to completely conceal such facilities from surrounding land uses.
1. All outdoor storage facilities shall be surrounded by a five-foot high solid fence or wall constructed of masonry materials or similar durable materials approved by the City Public Works Department.
B. All outside areas used for the storage of trash shall be constructed with a concrete floor and proper surface drainage.
C. Where associated with a commercial land use, such areas may also be required to provide a hot water hose bib, floor drain, and City standard grease trap to allow cleaning of the storage cans and trash area.
D. All waste products temporarily stored outdoors shall be placed within closed containers capable of preventing their transfer outside the enclosure area or off the site.
E. Trash enclosure facilities shall not be allowed in a required front yard unless there are no other reasonable alternatives and a proposal is approved by the Planning Director.
F. The minimum required size of a trash enclosure area shall be based on the nature of the proposed use or uses, and shall measure at least eight feet by 10 feet, unless an alternative design is approved by the Planning Director.
1. However, in no instance shall such areas measure less than six feet by six feet in size.
G. No property shall be maintained so as to allow an accumulation of trash, garbage or waste in excess of 100 cubic feet for a period of more than 10 days. (Ord. 97-17, 10-28-1997)
5.16.060 Official plan lines.
Whenever an official plan line or right-of-way has been established for any street, the required yards shall be measured from the official plan line or right-of-way line. (Ord. 97-17, 10-28-1997)
5.16.070 Utility installation.
All newly constructed public utilities which are used to service a commercial, industrial, residential and/or multiple-family lot shall be placed underground in accordance with existing City standards. (Ord. 97-17, 10-28-1997)
5.16.080 Exceptions.
A. Purpose. To permit under certain specific circumstances exceptions to the requirements of this chapter.
B. Height Limits. In general, the height limitations established by this title shall not apply to:
1. Church spires, belfries, cupolas and domes, monuments, water towers, silos, observation towers, distribution and transmission towers, lines and poles, windmills, chimneys, smokestacks, flagpoles, radio towers, television antennas, and masts and aerials.
2. In any residential zoning district, or in any zoning district which abuts a residential use, the construction or placement of any of the above may, upon the recommendation of the Planning Director, be required to be reviewed and authorized by the Planning Commission.
C. Design. The Planning Commission may require appropriate design changes or that an architectural review application be submitted and approved for any of the height exceptions listed above.
1. Approval of any type of transmitting radio, TV, or other antenna, except satellite dish antenna, shall require approval of the Federal Communications Commission (FCC) prior to installation.
D. Projections Into Required Setback Areas. The following shall be permitted to project into a required setback area:
1. Bay windows, cornices, canopies, eaves, greenhouse windows, chimneys, gutters, and other architectural features may project into required yards a maximum of three feet. However, no such feature shall project closer than three feet from a property line.
2. A fire escape, or an unenclosed stairway, porch, patio, deck or balcony which is fully open to the sky, may extend or project into the required setback areas as follows:
a. Not closer than three feet from a side yard property line;
b. Six feet into any required front yard;
c. Ten feet into the required rear yard.
E. Ground-Level Decks. An unenclosed ground-level deck may extend or project not closer than three feet from a side yard or rear yard property line, and not more than six feet into the required front yard setback area.
1. When located five feet or more from any residence at its closest point, a ground-level deck shall be no higher than 30 inches above the ground at its highest point.
2. When located less than five feet from any residence at its closest point, or if attached to a residence, a ground-level deck shall be no higher than 18 inches above the ground at its highest point.
F. Gazebos. Gazebos and similar structures (such as solid patio shades) shall be considered accessory buildings and subject to the specific requirements contained elsewhere in this title.
G. Interpretation. The provisions of this section shall not be interpreted so as to alter any minimum front, rear or side yard setbacks as otherwise required by this title. (Ord. 97-17, 10-28-1997)
5.16.090 Manufactured housing.
A. Manufactured housing, as defined by this title, shall be permitted within all residential zoning districts when the following findings can be made:
1. All development standards, including, but not limited to, setbacks, off-street parking, lot coverage, density, height and minimum floor area requirements, of the applicable zoning district have been met.
2. The proposed manufactured home has been certified by the State of California under the National Mobile Home Construction and Safety Standards Act of 1974 as amended.
3. The proposed manufactured home will be installed on a permanent foundation approved by the Building Official.
4. The proposed manufactured home complies with the minimum design standards for single-family residences in this chapter or the applicable architectural and site plan review provisions of this title. (Ord. 97-17, 10-28-1997)
5.16.100 Moving of buildings.
A. No building, whether now in use or formerly used for residential, commercial, or industrial purposes, shall be permitted to be physically moved from a lot within Newman, or from a lot outside the City, to a lot within the City, unless said building and its placement is on a legal lot of record and in compliance with all minimum requirements of the zoning district in which it is to be located.
B. Upon application for a certificate of occupancy to move a building, the Building Official shall refer said application to the Planning Director.
C. The Planning Director shall review the proposal for compliance with this title and shall recommend approval, conditional approval or denial of the certificate of occupancy application based on zoning requirements.
D. The Building Official shall be responsible for making an inspection of the building to be moved, and prepare a report concerning the integrity of such building and any improvements which will be required to be made.
E. The Building Official may deny a certificate of occupancy application if, in his opinion, the construction, age, or condition of the building to be moved raises doubts as to its structural integrity, or, if the proposed building to be moved is sufficiently heavy to cause damage to any street or pavement within the City.
F. Prior to recommending approval or conditional approval of a certificate of occupancy, the Planning Director shall determine that the moving of said building will have no detrimental effect on the living environment of the surrounding neighborhood from which the building is moved and to where the building is to be moved, or upon the property values in said neighborhoods. In making such a determination, the Planning Director may require review and approval of the architectural plans for said building by the Planning Commission. (Ord. 97-17, 10-28-1997)