Eastvale Neighborhood Preservation Overlay

[admin]

Here is the text of the overlay and link to county site:

Article XIXh
EASTVALE NEIGHBORHOOD PRESERVATION OVERLAY ZONE
Section 19.500. INTENT. The Eastvale Neighborhood Preservation Overlay Zone is intended to provide standards that address unique neighborhood concerns regarding quality of life in the community of Eastvale by:
a. Supplementing general maintenance requirements on public properties within the neighborhood;
b. Restricting uses on private properties beyond the general requirements of the underlying zone as identified in Riverside County Ordinance 348, and
c. Providing regulatory framework for effective code enforcement efforts.

Section 19.501. APPLICABILITY.
a. The Eastvale Neighborhood Preservation Overlay Zone will be adopted and may be amended by the Board of Supervisors, as necessary to include any issue that is not addressed in this section, and adversely affects the public health, welfare and safety.
b. An overlay zone shall be placed on all the areas within the Eastvale Area Plan boundary and shall be identified as Eastvale Neighborhood Preservation Overlay (ENPO) zone on the County's official zoning map. The provisions of the ENPO zone shall apply to all the foundation components and land use designations of the General Plan within the Eastvale Area Plan boundary. The provisions of the ENPO zone shall further apply to all currently approved, and future residential developments for individual parcels, tracts and parcel maps, as well as specific plans within the Eastvale Area Plan boundary unless it is otherwise specified in Section 4 of this ordinance.

Section 19.502. DEFINITIONS. For the purpose of this ordinance, certain terms shall be defined as follows:
a. 'ACCESSORY STRUCTURES'. Buildings or structures that are separate from the main dwelling unit, such as carports, storage sheds, and pool houses.
b. 'ATTRACTIVE NUISANCES'. Any condition that is potentially dangerous to children, or likely to shelter vagrants or criminal activities, including but not limited to; any abandoned or substandard structure, building or fence; abandoned, broken, or neglected equipment, appliances and machinery; and hazardous swimming pools, ponds or other excavations including abandoned shafts or basements.
c. 'BUSINESS SIGN'. Any structure, sign, banner, flag, device, figure, painting, display, message placard, or other contrivance, or any part thereof, which has been designated to advertise a business, or to provide data or information regarding services that are provided by that business.
d. 'COMMERCIAL VEHICLE'. Any motor vehicle, truck, or trailer used for the transportation of passengers, goods, wares, or merchandise having a manufacturer's gross vehicle unladen weight rating greater than ten thousand (10,000) pounds.
e. 'COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs)'. A document used to describe restrictive limitations placed on real property and its uses, and which usually are made a condition of holding legal title to, or leasehold interest in, the real property in question.
f. 'DECORATIVE FENCE'. A fence installed for decorative purposes, such as split rail, picket, wrought iron, or low brick or stucco walls, constructed alternately of brick or masonry, and sections of wrought iron, aluminum, or material similar in appearance.
g. 'FENCE'. A man-made continuous barrier of any material, or combination of materials, erected to prohibit entry to real property.
h. 'FRONT YARD'. A yard extending across the full width of the lot between the side lot lines, and between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch.
i. 'HOLIDAY DISPLAY'. Any display that is commonly associated with any local, or religious holiday, and erected on a temporary basis, including but not limited to: Christmas lights and other decorations, Halloween decorations, or similar items etc. Any patriotic display such as a flag or ribbon is not considered a holiday display.
j. 'HOME OCCUPATION SIGN'. Any sign placed in, on or outside of, a private residence that is used to identify any small enterprise that operates within a residential dwelling unit, and meets the definition for home occupation as established in ordinance 348.
k. 'OUTDOOR LIGHTING'. Outside illuminating devices that are electrically powered and used to light yards, building façades, patios, balconies, building overhangs, open canopies, parking sheds, landscaping, walkways, and driveways.
l. 'OUTDOOR STORAGE'. Any outside storage of material, including but not limited to: lumber, auto parts, appliances, pipe, drums, machinery, furniture, building materials, work tools, or other items or substances. Items stored under a carport, awning or patio shall be considered outside storage.
m. 'OVERLAY ZONE'. A set of zoning requirements that are superimposed upon an underlying zone. Overlay zones are generally used when a particular area requires special protection or has a special neighborhood concern. Development of land subject to overlay zoning requires compliance with the regulations of both the underlying zone and overlay zone.
n. 'PARKING AREA'. Any area for the parking of a motor vehicle, plus those additional areas required to provide ingress and egress, to and from the parking area.
o. 'REAR YARD'. A yard extending across the full width of the lot between the side lot lines, and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch.
p. 'RECREATIONAL EQUIPMENT'. Any equipment used for sports, exercise, leisure, and recreation, including but not limited to: basketball hoops, slides, swings, jungle gyms, volleyball nets, grills, portable barbeques, fire pits, and outdoor heaters.
q. 'RECREATIONAL VEHICLES'. Vehicles with or without motive power, designed for human habitation or recreation, including but not limited to: boats, snowmobiles, watercraft, racing vehicles, off-road vehicles, utility trailers, motor homes, travel trailers, truck campers or camping trailers.
r. 'SIDEWALK'. Any right of way designed for the use by pedestrians and not intended for use by motor vehicles of any kind. A sidewalk may be located within or without a street right-of-way, at grade, or grade separated from vehicular traffic.
s. 'SIDE YARD'. A yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building, or of any accessory building attached thereto.
t. 'STREET'. A public or an approved private thoroughfare or road easement which affords the principal means of legal vehicular access to abutting property.
u. 'TEMPORARY EXTERIOR DISPLAY'. Any display that is commonly associated with any significant event for the household, and erected on a temporary basis, including but not limited to birthday, wedding, or any other party decoration.
v. 'YARD'. An open and unoccupied space which is unobstructed from the ground to the sky, on a lot upon which a building is situated.

Section 19.503. NEIGHBORHOOD PRESERVATION STANDARDS. In order to maintain a safe, clean, orderly, sanitary, and aesthetically pleasing neighborhood character, the following standards of physical environment shall apply within the Eastvale Neighborhood Preservation Overlay (ENPO) zone boundary.
a. Street Environment
(1) Public streets and sidewalks shall be kept free from any type of obstructions such as planters, landscaping, fences, temporary signs, or similar structures.
(2) All landscaped areas in a public street, sidewalk, or right-of-way that is abutting a residential property shall be maintained by the adjoining property owner, unless it is maintained through another mechanism such as Community Facilities District or Landscape Maintenance District.
(3) Trash, garbage, recycling or green waste containers (cans, bins, boxes or other such containers) shall not be kept in any front yard, driveway, walkway, sidewalk, street or right-of-way for more than twenty-four (24) sequential hours in any seven day period, including trash and recycling pick-up day. Trash containers used for construction or remodeling of the property shall be exempt provided that they are removed within forty-five (45) days following issuance of building permits, unless additional time is granted or approved by the Department of Building and Safety.
(4) For single-family residential developments, the trash or recycling containers shall be stored in garage, side yard, or rear yard, in a manner that they are not visible from any public street.
(5) For multi-family residential developments, the trash enclosures shall be constructed of sturdy and opaque materials (with trash receptacles screened from public view) that are in harmony with the architecture and materials of the main buildings.
(6) Any transportable or movable recreational equipment shall be permitted in a front yard or driveway of a property, but shall not be used in, or shall not encroach upon, any street, sidewalk or right-of-way.
(7) Any recreational equipment shall not be permanently installed in front yard, driveway, sidewalk, street or right-of-way. Concealment of the recreational equipment with a cover or other camouflage material is not an acceptable alternative to this provision.
b. Parking
(1) No vehicle shall be parked upon a public street, sidewalk or right-of-way for more than seventy-two (72) consecutive hours within a radius of five-hundred (500) yards and shall be subject to citation and/or removal by the law enforcement agency as provided for in Sections 22651, et. seq. of the California Vehicle Code.
(2) No person shall construct, repair, grease, lubricate, or dismantle any vehicle, or any part thereof, upon a public street, sidewalk or right-of-way, except for temporary emergency purposes.
(3) No vehicle, such as a car, truck or motorized bike, shall be parked in any landscaped area, but may be parked in a garage or carport, or upon driveway or other improved parking area.
(4) The improved parking area, and driveway, shall be constructed of concrete cement and shall not cover more than fifty percent (50%) of the required front and/or side yard area. The improved parking area, and driveway that are pre-existing on, or approved prior to, the effective date of this ordinance shall be exempt from this provision.
(5) No commercial vehicle(s), or any part thereof, shall be parked upon a public street, sidewalk, right-of-way, private yard or private driveway, except when it is actively used for loading or unloading purposes, or while the owner of such commercial vehicle is working at the property where such vehicle is parked. No overnight parking of commercial vehicles is permitted.
(6) No recreational vehicle(s) shall be parked in any front yard area of a property. No recreational vehicle, or any part thereof, shall encroach upon a public street, sidewalk, or right-of-way. Recreational vehicles shall be allowed, if they are screened behind a fence or wall of at least five (5) feet height and parked in a garage, side yard or rear yard. A recreational vehicle may be parked in a public right-of-way or approved parking area for a period of not more than forty eight (48) hours twice a month for the purposes of loading or unloading said vehicle.
(7) Parking upon a public street, or right-of-way shall be restricted for a designated day during the week in order to clear the curb-side for street sweeping. This parking restriction shall be applicable only after a street sweeping schedule for the ENPO zone is established and legal notification of such restriction has been properly provided.
c. Yard Maintenance
(1) Any front yard, and side yard that is visible from any public street or area, shall be landscaped and maintained in an aesthetically consistent manner with rest of the neighborhood.
(2) All landscaping shall be maintained in a manner that does not cause a potential fire-hazard or cause threat to public health, welfare and safety.
(3) An attractive nuisance shall not be harbored in a public street, sidewalk, right-of-way, or a private property.
(4) Outdoor storage shall not be permitted in a front yard, or side yard that is visible from any street, and shall not impede vehicular or pedestrian traffic in a public street, sidewalk, or right-of-way.
(5) Landscaping within a yard shall not obstruct a public street, intersection, sidewalk, or right-of-way either physically or visually.
(6) Dying, decayed, untrimmed or hazardous trees, shrubbery, or other landscaping in any front yard, or side yard that is visible from any public area, shall be addressed and remediated within seven (7) days of issuance of a Code Enforcement Notice of Violation, or as specified therein.
(7) No accessory structure shall be permitted in a front yard. However, an accessory structure may be constructed in a side yard or rear yard, if it is constructed according to the requirements of Ordinance 348 and screened from the public view. An accessory structure, which is determined by the Building and Safety Department to be substandard, unstable, dilapidated, constitutes a fire-hazard or is otherwise potentially dangerous to public health, welfare and safety, shall be removed from the property within thirty (30) days of issuance of a Code Enforcement Notice of Violation, or as specified therein.
d. Fences and Walls
(1) All fences and walls shall be properly maintained in order to preserve their structural integrity and to provide a neat appearance. All fences and walls shall be kept free from graffiti, undergrowth, weeds or other similar conditions at all times. All fences and walls shall be of materials and colors that are compatible with the architectural design of the buildings in the neighborhood. No fence, wall or a portion thereof, shall be constructed or altered to add razor wire, barbed wire, metal spikes, broken glass, readily flammable material, or other similar material.
(2) Chain link fences shall not be erected or constructed in any front yard, or side yard that is visible from any public area for lots less than ½ acre net in area. Chain link fences that are pre-existing on, or approved prior to, the effective date of this ordinance shall be exempt from this provision.
(3) Any fence or wall, including decorative fence, shall not obstruct a public street, intersection, sidewalk, or right-of-way either physically or visually.
(4) Any fence or wall, including decorative fence, located in the front yard or within thirty feet (30') of an intersection, shall not be higher than four feet (4'). Fences and walls that are pre-existing on, or approved prior to, the effective date of this ordinance shall be exempt from this provision. Vertical calculation of the height of the fence or wall shall be made by vertical measurement along the length of the outside face when measured from final finished grade.
(5) The height of a gate, the gate posts, or columns, located in a front yard or side yard that is visible from any street shall not exceed one-hundred twenty percent (120%) of the maximum height of the fence or wall.
(6) Any approved fence or gate for a temporary use and swimming pool shall be exempt from the provisions of this section.
e. Façade Treatment
(1) Any part of a building façade, such as siding, shingles, roof covering, railings, fences, walls, ceilings, porches, doors, windows, screens, and other exterior parts shall be maintained in weather-tight, sound condition and good repair.
(2) Any compromising building conditions, including, but not limited to; peeling exterior paint, broken windows or doors, or partially constructed/demolished structure(s), shall be repaired within thirty (30) days of issuance of a Code Enforcement Notice of Violation, or as specified therein.
(3) Any ground mounted mechanical equipment, including but not limited to; air conditioning unit or heating pump, shall be visually screened from public view.
(4) Plywood, plastic sheeting, tarp, aluminum foil, or similar materials shall not be used to cover windows and other openings unless otherwise approved by the Department of Building and Safety.
f. Outdoor Lighting
(1) Lighting fixtures shall be located such that no light or reflected glare is directed off-site. Lighting fixtures shall provide that no light is directed above a horizontal plane passing through the bottom of the fixture.
(2) All on-site lighting shall be stationery, directed away from adjacent properties, and public rights-of-way. Incandescent lighting fixtures, greater than 100 watts, shall require proper shielding to minimize their impact on neighboring properties.
(3) To minimize the impact on neighboring properties, any outdoor security lighting shall require proper shielding and should utilize motion sensitive as well as time sensitive fixtures.
g. Signage
(1) All signs shall be of materials and colors that are compatible with the architectural design of the buildings in the neighborhood.
(2) One (1) home occupation sign may be allowed per dwelling unit if the sign is in accordance with other provisions of Ordinance 348.
(3) Any business signs, pennants, reflective, flashing, or movable signs shall not be allowed and shall be removed within seven (7) days of issuance of a Code Enforcement Notice of Violation, or as specified therein.
(4) Any home-occupation or other sign that relates to an abandoned or discontinued use shall be removed within seven (7) days of issuance of a Code Enforcement Notice of Violation, or as specified therein.
(5) The provisions of other county ordinances shall be applicable to signs that are not identified in this section, including but not limited to, Ordinance 679 for directional signs, Ordinance 806 for temporary signs, and Ordinance 463 for address identification signs.
h. Temporary Exterior Display and Holiday Display
(1) Any temporary exterior display or holiday display shall not impede vehicular or pedestrian traffic on any street, sidewalk, or right-of-way either visually or physically.
(2) Any temporary exterior display or holiday display shall be allowed for a period not to exceed forty-five (45) consecutive days.
(3) Any and all applicable county, state or other permits shall be obtained prior to the installing such temporary display.
(4) Any temporary outdoor event e.g. community fair, music festival, or yard sale may be exempted by the Planning Department from the provisions of this section. However, any such event shall be subject to other provisions of Ordinance 348.

Section 19.504. ENFORCEMENT.
a. All property owners within the ENPO zone boundary shall be responsible for complying with the provisions of this ordinance. The Riverside County Department of Building and Safety - Code Enforcement Division, shall be the lead agency enforcing the provisions of the ENPO zone according to the protocols established in Ordinance 725. The Code Enforcement Division needs to be notified about any violation of a provision of the ENPO zone, and the violation needs to be corrected within twenty (20) days after receiving a Code Enforcement Notice of Violation, unless it is otherwise specified in Section 5 of this ordinance
b. The Sheriff, District Attorney, County Counsel, County Clerk, Director and all County Officials charged with the issuance of land use permits, plot plans, subdivisions, parcel maps, and other discretionary and administrative permits, shall enforce the provisions of this ordinance.

Section 19.505. CONFLICT BETWEEN ORDINANCE REQUIREMENTS.
a. If there is any conflict in the requirements of this ordinance or between the requirements of this and any other ordinance, the more stringent requirements shall apply.
b. This ordinance shall neither replace the requirements of the zoning ordinance or any other ordinances, nor overwrite the terms of any private Covenants, Conditions and Restrictions (CC&Rs). However, when there is a conflict in the requirements of this and any other ordinance, the more stringent requirements shall apply. The County of Riverside generally does not enforce private CC&Rs.

Section 19.506. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and application of such provision(s) to other persons or circumstances shall not be affected.

Section 19.507. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance in which violations were committed prior to the effective date hereof, shall be construed as a waiver of any license or penalty or the penal provisions application to any violation thereof. The provisions of the ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the County relating to the same subject matter, shall be construed as restatements and continuations, and shall not be construed as a new enactment unless substantial revisions or provisions are required by the ordinance.

Section 19.508. SECTION HEADINGS.
The section headings herein are for convenience only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this ordinance.

Section 19.509. EFFECTIVE DATE.
This ordinance shall take effect 30 days after the date of adoption.
Amended Effective:
11-24-2005 (Ord. 348.4318)