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1. New Construction Standards
A. Purpose. This section provides standards for the construction of new condominiums as defined by Civil Code Section 951(f).
B. Applicability. The provisions of this section shall apply to construction of all new multifamily units that are proposed to be condominiums at the time of construction. A subdivision map shall be submitted and processed concurrently with the required development plan for the multifamily project. The subdivision map shall be in accordance with Civil Code Section 951(f) and Section 16.94 Tentative Maps. In addition to the above requirements these standards shall be applicable for any multifamily project if an application for a tentative map is submitted within one year from occupancy.
C. Application Requirements. An application for a subdivision map in accordance with Section 16.94 shall be submitted along with a development plan in accordance with Section 16.56 with sufficient information to evaluate the project for compliance with the provision of Section 16.44.060.1
D. Standards and Guidelines. This section provides minimum standards and guidelines for the construction of new condominium units. All construction shall comply with the requirements listed below:
1. Architecture Design. All structures shall be subject to the design standards for architecture as contained within Section 16.08.040 of this code.
2. Domestic Facilities. Each dwelling shall be provided with its own laundry and waste disposal facilities, or alternate group facilities shall be provided that are convenient to all dwelling units.
3. Enclosed Private Storage Area. Each unit shall have a private enclosed storage area that is one hundred (100) cubic feet in size. The storage area shall be exclusive of the required parking area within the garage or the required closet areas for each bedroom.
4. Energy Conservation. The project shall include energy and resource conservation measures, including high efficiency thermal insulation, high efficiency heating and cooling equipment, double glazing, water flow restrictors and other similar conservation techniques.
5. Fire Walls. One-hour rated fire walls shall be provided between units.
6. Fire Suppression. Smoke detectors meeting current building code requirements shall be installed in residential units and other enclosed common areas (e.g., hallways, recreation rooms and utility rooms). Additional fire suppression equipment (e.g., alarm systems, fire extinguishers and sprinklers) shall also be provided as recommended by the fire department.
7. Disabled Facilities. Dwelling units should be equipped and improved to accommodate disabled persons as per the uniform building code.
8. Landscaping. Open areas shall be landscaped with plant material suitable to the local climate. Landscaped areas shall be watered by a full-coverage, automated irrigation system that is maintained in good working order. All landscaping shall be in accordance with Chapter 16.28 of this code.
9. Open Space, Private. A minimum of one hundred (100) square feet of private open space should be provided for each ground floor unit and a minimum of sixty (60) square feet of private balcony or deck area should be provided for each unit above ground level.
10. Open Space, Common. A minimum of two hundred (200) square feet of common useable open space shall be provided for each dwelling unit. Private patios, balconies, and entryways shall not be considered common open space.
12. Sound Attenuation. Common walls and ceilings of units shall be constructed using techniques to limit noise transmission as specified by the uniform building code or equivalent. Exterior noise shall be attenuated to forty-five (45) dBA inside the dwelling units.
13. Utility. Each dwelling unit shall be provided with its own utility meters as per the requirements of the servicing agency.
2. Conversion Standards
A. Purpose. This section provides standards for the conversion of multi-family dwelling units to residential condominiums, stock cooperatives, or community apartments.
B. Applicability. The provisions of this section shall apply to conversions of existing multi-family dwelling units to condominiums, stock cooperatives, or community apartments which shall require the approval of a conditional use permit (16.52).
C. Application Requirements. An application for a subdivision map to allow a conversion project in compliance with Chapter 16.100 (Condominium Conversions) shall be accompanied by sufficient information to evaluate the project for compliance with the provisions of this section. Required information shall include:
1. General Conditions Report. A report on general structural conditions, addressing foundation, framing, interior and exterior wall coverings, roof, plumbing, electrical wiring, utility connections, built-in house-hold appliances, heating and cooling systems, and sewer evaluation prepared by an independent state licensed structural engineer, architect or general contractor. The report shall address the condition and expected remaining useful life of each respective item;
2. Pest Report. A pest information report addressing the present condition of the structure as it may be affected by termites, dry rot, roaches, or other insects, and recommending work required to render the structure free of infestation;
3. Acoustical Report. An inter-unit acoustical report, certified by a competent expert acceptable to the director;
4. Plot Plan. A fully detailed plot plan drawn to scale;
5. Relocation Plan. A relocation plan which identifies the steps which will be taken to ensure the successful relocation of each tenant. The relocation plan shall also state what specific relocation assistance ten-ants will be given, including the cost of moving, first and last months' rent, security and cleaning deposits, and phone connection and utility deposits. Particular consideration shall be given to the elderly, handicapped, families with children and other tenants who may encounter difficulty in finding a new residence;
6. Names of Tenants. A list of the names and addresses of the tenants of the project at the time of the application and two sets of stamped, addressed envelopes;
7. CC and R's Required. Covenants, conditions and restrictions (CC and R's) shall be submitted for re-view and approval by the director and city attorney which shall contain at a minimum:
a. The formation of a "Community Association" to provide for the maintenance of common areas;
b. Disclosure of management agreements, maintenance provisions, access for emergency repairs, easements and other similar items;
c. Allocation of off-street parking spaces for residents and guests; and
d. Provisions for establishment of a maintenance and operating budget.
8. Other Information. Other information required by the director to provide a thorough evaluation of the conversion project.
D. Standards and Guidelines. This section provides minimum standards and guidelines for the conversion of multi-family dwelling units to condominiums, stock cooperatives or community apartments. The guidelines are indicated by the word "should" as opposed to the mandatory "shall". Guidelines shall be implemented to the greatest degree possible.
1. Domestic Facilities. Each dwelling shall be provided with its own laundry and waste disposal facilities, or alternate group facilities shall be provided that are convenient to all dwelling units.
2. Energy Conservation. The project should include energy and resource conservation measures, including high efficiency thermal insulation, high efficiency heating and cooling equipment, double glazing, water flow restrictors, solar water heating and other similar conservation techniques.
3. Fire Walls. One-hour rated fire walls shall be provided between units.
4. Fire Suppression. Smoke detectors meeting current building code requirements shall be installed in residential units and other enclosed common areas (e.g., hallways, recreation rooms and utility rooms). Additional fire suppression equipment (e.g., alarm systems, fire extinguishers and sprinklers) shall also be provided as recommended by the fire department.
5. Disabled Facilities. Dwelling units should be equipped and improved to accommodate disabled persons as per the uniform building code.
6. Landscaping. Open areas shall be landscaped with plant material suitable to the local climate. Landscaped areas shall be watered by a full-coverage, automated irrigation system that is maintained in good working order.
7. Open Space, Private. A minimum of one hundred (100) square feet of private open space should be provided for each ground floor unit and a minimum of fifty (50) square feet of private balcony or deck area should be provided for each unit above ground level.
8. Open Space, Common. A minimum of two hundred (200) square feet of common useable open space should be provided for each dwelling unit. Private patios, balconies, and entryways shall not be considered common open space.
9. Parking. A minimum of two covered off-street parking spaces shall be provided for each dwelling unit unless modified by the commission. Guest parking should be provided at the rate of one space for each three units.
10. Public Works. Missing or damaged street improvements, including the following, shall be repaired or replaced:
a. Curb and gutter;
b. Sidewalks;
c. Drive aprons;
d. Street lights; and
e. Street trees.
Public improvements to be constructed in conjunction with the conversion project and shall be completed prior to final inspection and release by the building department.
11. Sound Attenuation. Common walls and ceilings of units shall be constructed or upgraded using techniques to limit noise transmission as specified by the uniform building code or equivalent. Exterior noise shall be attenuated to forty-five (45) dBA inside the dwelling units.
12. Structural Condition. Structures shall be in sound condition, pest and vermin-free, watertight.
13. Utility. Utility systems shall be in sound, safe, and fully-operable condition. Each dwelling unit shall be provided with its own utility meters.
E. Tenant Relocation/Purchase Provisions. The applicant shall give written notice to tenants ten days prior to the date of public hearings relating to the conditional use permit application for the condominium conversion. Tenants at the time of city approval shall be given a notice of intent to convert at least one hundred twenty (120) days prior to the date of conversion and the right to purchase, exercisable within sixty (60) days in compliance with state law. The applicant shall provide qualified tenants of the development the following minimum benefits.
1. Relocation assistance benefits shall be paid to tenants of the development at the time of city approval of the conversion and who remain as tenants for at least one hundred (120) days thereafter, and to persons who become tenants after city approval and who have not been given written notice by the developer of the intended conversion prior to becoming a tenant. The relocation assistance benefit shall be payable only to tenants who desire to relocate. The relocation assistance benefit shall be determined on a per unit basis, to be shared among the tenants of the unit. The amount of the relocation assistance benefit shall be equal to twice the last month's rent. Rent reduction or waiver may be included for consideration. The minimum amount may be increased from time to time by resolution of the council.
2. Rents may not be increased following approval of a tentative map or conditional use permit without prior council approval.
3. A percentage or dollar discount shall be offered tenants desiring to purchase their unit together with special financing mechanisms or purchase plans.
4. Provisions for special protection of longer term occupancies or greater cash assistance shall be available to households of the elderly (sixty (60) years of age or older), the disabled, as defined in the United States Code, Title 42, Section 423, or handicapped persons, as defined in the California Health and Safety Code, Section 50072.
5. Provisions shall be made for the following:
a. Refund of cleaning and security deposits;
b. Additional cash payments for moving or inconvenience expenses (e.g., time off from work, transportation, etc.);
c. Availability of a relocation coordinator;
d. Directory of available units or other relocation assistance; and
e. Other provisions necessary to assist tenants in relocation or purchase.
6. Provisions shall be made so that tenants are not unreasonably disturbed during construction, remodeling or sales activity, and except in an emergency, shall be provided at least two days notice prior to requiring access for repair, improvements, inspection or showing to a prospective purchaser or mortgagee. Tenants shall not refuse reasonable access for these purposes.
(Ord. 269 § 2 (part), 2002; Ord. 182 § 2 (part), 1997)
Retail trade or service uses providing drive-in/drive-through facilities shall be designed and operated to effectively mitigate problems of traffic, congestion, excessive pavement, litter, noise and unsightliness.
A. Drive-through aisles shall have a minimum ten-foot interior radius at curves and a minimum twelve- (12-) foot width. Each drive-through entrance/exit shall be at least fifty (50) feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least twenty-five feet from the curb cut on an adjacent property. Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs/pavement markings.
B. Each drive-through aisle shall be separated by curbing and landscaping from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
C. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do, they shall have clear visibility and be emphasized by enhanced paving or markings.
FIGURE 3-13
DRIVE-THROUGH FACILITY DESIGN
DRIVE-THROUGH FACILITY DESIGN
D. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.
E. Drive-through aisles shall provide adequate on-site queuing distance to accommodate six cars (one hundred twenty (120) feet) before the first stopping point (e.g.. menu board, teller window, automatic teller machine). No portion of the queuing aisle shall serve double duty as a parking aisle.
F. Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking lots.
G. A six-foot high solid decorative wall shall be constructed on each property line that is adjoining 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.
(Ord. 182 § 2 (part), 1997)
Gated residential communities shall be developed and maintained in accordance with this section.
A. Required Access. Gated developments shall install and maintain in good working order emergency public safety access consistent with fire and police requirements.
(Ord. 536-18 § 2 (part), 2018; Ord. 332 § 2, 2005)
A. Design Issues. Hotels and motels are quasi-residential uses and should be designed and sited to minimize the effect of noise from Murrieta's two freeways. Although they are quasi-residential, the scale of, and activities associated with hotels and motels often make them problematic neighbors for adjacent residential properties. If a residential interface cannot be avoided, it should be carefully designed to mitigate any potential adverse impacts on existing or future adjacent residents. Because hotel and motel architecture is often thematic, presenting a strong temptation to over design the building's front and to neglect the other sides, it is important to remember that all sides of a building require consistent architectural treatment.
B. Site Planning.
1. The primary presence along the major street frontage shall be the building and driveway approach, not the parking lot.
2. Only a few (no more than five) short term parking spaces shall be provided near the office for check-ins.
3. Exterior corridors on multi-level buildings are strongly discouraged and shall not be located adjacent to residential uses.
4. Delivery and loading areas shall not be located where visible from residential uses.
5. Mechanical equipment of all types, including swimming pool equipment, shall be located to assure that it cannot be heard at any residential property line.
6. Recreational facilities (e.g.. as swimming pools) shall be located where guests can use them in some privacy; they shall not be exposed to public streets to function as advertising.
7. Avoid locating driveway, garage ramps or loading and service areas where they interfere with the flow of pedestrian movement or impact the privacy of guest rooms.
8. Utilize parking lots and other open spaces on the site to help buffer the hotel/motel from any adjacent in-compatible uses.
C. Building Design.
1. Noise attenuation techniques shall be included in the design of buildings near major noise generators, (e.g., major streets, freeway). Techniques may include: double paned glass, earthberms, thick tree groves over thirty (30) feet in depth or lowering the grade of the subject building below the roadway elevation. Solid masonry walls over five feet high are not desirable in Murrieta.
2. The scale of buildings shall be related to the surrounding development patterns.
3. Walkway. stairway, and balcony railings and other similar details shall be visually substantial (handrails with a thickness exceeding two and one-half (2½) inches and balusters over two inches thick) and stylistically consistent with the basic building design.
4. Air conditioning units shall not be visible from public streets. Structures over three stories shall avoid exterior exposed air-conditioning units for each room.
5. Guest rooms shall be accessible from hallways within the hotel, not exterior balconies. Avoid room en-trances directly adjacent to parking lots or exterior walkways.
FIGURE 3-15
(Ord. 182 § 2 (part), 1997)
A. Design Issues. For the purpose of this section multiple or mixed use projects are defined as developments that combine both commercial/office and residential uses or structures on a single lot, or as components of a single development. The uses may be combined either vertically within the same structure, or spread horizon-tally on the site in different areas and structures.
The primary design issue related to mixed use projects is the need to successfully balance the requirements of residential uses. (e.g., the need for privacy and security) with the needs of commercial uses for access, visibility, parking, loading, and possibly extended hours of operation.
B. Site Planning.
1. Mixed use projects that provide commercial space on the ground floor with residential units above are encouraged over projects that provide commercial structures on the front portion of the lot with residential uses placed at the rear of the lot. This latter configuration does not meet the intent of a true mixed use project which incorporates vertical integration of uses.
However, a horizontal separation (commercial to the front, residential to the rear) of uses may be appropriate depending on the size of the site and available access.
2. Separate site access drive and parking facilities shall be provided for residential uses and commercial uses in compliance with Chapter 16.34 (Off-street Parking and Loading).
3. If enclosed parking is provided for the entire complex, separate levels shall be provided for residential and commercial uses with separate building entrances.
4. Site access drives shall incorporate distinctive architectural elements and landscape features which help to differentiate access to commercial parking areas from residential areas. Security gates shall be considered for access to residential uses and residential parking areas, as well as to securing commercial parking areas when businesses are closed.
5. When a mixed use project is designed as separate structures on a lot with the commercial uses along the street and residential uses at the rear, a decorative masonry wall with security gates shall separate the uses.
6. Loading areas and refuse storage facilities shall be located as far as possible from residential units and shall be completely screened from view from adjacent residential portions of the project. The location and design of trash enclosures shall account for potential nuisances from odors.
7. Parking lot lighting and security lighting for the commercial uses shall be appropriately shielded so as not to spill over into the residential area. Residential units shall also be shielded from illuminated commercial signing.
8. Open space intended for use by `"residents only"" may not be accessible from commercial areas. Open space and courtyards in commercial areas may be accessible to residential occupants and visitors.
9. When residential and commercial uses are provided in the same structure, separate entrances shall be provided for each use.
C. Building Design.
1. The architectural style and use of materials shall be consistent throughout the entire project. Differences in materials and/or architectural details should only occur on a structure where the intent is to differentiate between the residential scale and character of the structure and the commercial scale and character.
2. The design of storefronts shall be consistent with the design guidelines for commercial development. The residential portion of a mixed use structure shall be consistent with the design guidelines for multi-family residential development.
3. Projects three stories or less in height shall incorporate full roofs on at least fifty (50) percent of the roof area.
4. Structures with heights greater than three stories shall set back upper portions of the structure a minimum of ten feet for each additioual two stories.
5 . All roof mounted equipment shall be screened in compliance with Section 16.18.120 (Screening and Buffering). Special consideration should be given to the location and screening of noise generating equipment (e.g., refrigeration units, air conditioning, and exhaust fans). Noise reducing screens and insulation may be required where equipment has the potential to impact residential uses.
(Ord. 182 § 2 (part), 1997)
A. Design Issues. While office buildings are found on every kind of commercial street, they have functional characteristics that result in physical forms different from other commercial development: intensity of use is lower; buildings are typically 'live' on all four sides; office activities are not limited to the first floor; building perimeters have fewer entries and no display windows and thus have more opportunity for landscaping. Because their use patterns differ significantly from retail commercial, there is more opportunity to site office buildings up toward the street with parking behind. This arrangement is strongly encouraged even where the pattern is not an established one.
B. Site Planning.
1 . Buildings shall be placed at the minimum required front setback. Alternate solutions may be considered that are determined to provide a superior solution to protecting neighboring sensitive land uses or orienting the building toward a freeway frontage to enhance the community image.
2. Multi-story building shall not be placed adjacent to the private open space areas of residential uses. First floor may be adjacent to setback; second and third floors shall be setback an additional foot for each additional foot in height.
3. Office buildings should have the primary entry from the public street with secondary entries from any onsite pedestrian paths or parking areas.
C. Building Design.
1 . Large or long unadorned wall planes shall be avoided. As a general standard, building surfaces over two stories high or fifty (50) feet in length will need to be relieved with a change of vertical and horizontal wall plane that provides strong shadow and visual interest.
2. Clear glass shall be used for ground floor windows where pedestrian traffic is high and there is any potential for retail, food service of other service occupancy.
3. Building entries shall be protected from inclement weather and should afford a 'sense of entry' for the structure.
(Ord. 337 § 2, 2005; Ord. 182 § 2 (part). 1997)
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