November 20, 2019 - Special Meeting

Press Enter to show all options, press Tab go to next option

6:00 P.M.

NOTICE IS HEREBY GIVEN as provided by Section 54956 of the Government Code of the State of California that the Mayor has called a Special Meeting for the purposes listed below.

This Special Meeting is to be held on November 20, 2019, at 6:00 p.m., at Apple Valley Conference Center, 14975 Dale Evans Parkway, Apple Valley, California 92307


PUBLIC PARTICIPATION IS INVITED. If you wish to be heard on any item on the agenda during consideration of that item or earlier if determined by the Council/Commission, please so indicate by filling out a "REQUEST TO SPEAK" form at the meeting or notify the Clerk. Place the request in the Speaker Request Box on the table near the Town Clerk or hand to the Town Clerk at the meeting (Gov. Code, § 54954.3 (a)). Please note that, in accordance with State law, the Town Council may not consider any non-agendized business. (Gov. Code, § 54956).
The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.

ROLL CALL: Council Members Bishop _____, Emick_____, Leon _____, Mayor Pro Tem Nassif, Mayor Cusack _____.

Commissioners Tinsley____, Arias _____, Harrison_____, Vice-Chairman Kallen ________ and Chairman (Vacant)





1. Discussion of Possible Modifications to the Development Code
Receive and provide direction.

a. Topics to Commence Discussion of Possible Modifications to the Development Code

This list consists of issues to consider for the discussion between the Town Council and the Planning Commission to address possible changes to the Development Code. There will be an opportunity for each Council Member/Commissioner to also provide their own review of issues within the Code and identifying areas that need to be discussed and considered. This list may also be expanded after hearing from the public. The meeting format will allow some brief and general discussion for each item and determine if the regulations should be changed/added/removed, and if changed, will the regulations be more restrictive or less restrictive.

Multi-Family Residential

1. Parking standards
* Should the existing parking ratio be reduced or modified to allow for more use of carports?
* Should there be a reduction in the amount of guest parking?
* Garage Requirements – Should garages be eliminated or reduced for projects larger than 16 units
* Should attached Townhomes and duplexes be required to have garages?
* Should carports replace the garages for projects larger than 16 units?
* Should there be an incentive to allow for carports in projects larger than 16 units when they are equipped with operating solar panels?

2. Open Space requirements
* Private – is the size appropriate?
* Common – Should this be reduced from the existing 200 s.f. per unit? (this area is typically devoted to an amenity)
* Common open space areas could contain amenities appropriate to project size, i.e. pool, spas, recreation buildings are encouraged for large projects, while BBQ areas and gazebos may be appropriate for smaller projects.

3. Amenities
* What constitutes an amenity? Does the definition need to be modified?
* How many should be required?

4. Unit size – Should there be a reduction in square footage of every unit size to be consistent with new market demand of smaller living space?

5. Setbacks – Could setbacks be reduced, except for areas adjacent to single family zones or uses?

6. Landscaping – Should landscaping requirements be reduced?

7. Trash Enclosures – Should placement be allowed in front and street side yard setbacks?

8. To encourage larger projects greater than 16 units, should there be an incentive to allow for reductions in the regulations for larger projects?

9. Because of the similarity to a single family house, should Townhomes and duplexes have different regulations from the typical rental units and be more similar to a single-family residence requirements?

10. Height – should more flexibility be allowed in height regulations?


1. A Clean up is needed of the Development Code inconsistencies for R-M and M-U standards and organize the Development Code to remove redundancies.
Below are a selection of current policies/programs from the General Plan Housing Element and some highlights of the regulations from the Development Code pertaining to the development of Multi-family residential development:

Land Use Element:

R-M density – 2-20 dwelling units to net acre
Mixed Use – 2-30 dwelling units to net acre

Selection of Housing Element Policies:

Policy 1.B
Maintain a wide range of residential land use designations, ranging from very low density (1 dwelling unit per 5 acres) to medium density (2-20 units per acre) and mixed use (4-20 units per acre), on the Land Use Map.

Program 1.B.3
Periodically review the Development Code for possible amendments to reduce housing construction costs without sacrificing basic health and safety considerations.

Program 2.C.1
Offer incentives such as density bonus and reductions in parking requirements for senior housing.

Program 1.C.3
Pursuant to State Law, require apartment complexes with 20 or more units to provide a minimum of one handicapped-accessible unit, with two units required of development over 100 units.

Program 1.C.4
Pursuant to State Law, require apartment complexes with 16 or more units to provide an on-site property manager.

Program 1.E.3
New Multi-family housing projects shall incorporate designs which are compatible with surrounding single-family residential neighborhoods, and are consistent with the low-scale, rural character of Apple Valley.

Highlights of Current Development Code Regulations:

1. Minimum Unit Size Requirement

Studio          1-Bedrm          2-Bedrm          3-Bedrm +
600 s.f.          800 s.f.             1,000 s.f.          1,200 s.f.

2. Private & Common Open Space Requirement:

     Duplexes and Triplexes:
     Private – 150 s.f. per unit
     Common - 450 s.f. per unit

     Above 3 units:
     Private – 200 s.f. per unit
     Common – 15% of lot area plus 200 s.f. per unit

3. Amenity definition: Aesthetic or other characteristics of a development that increase its desirability to the community or its marketability to the public. Amenities different from development to development but may include recreational facilities such as swimming pools, or tennis courts, security systems, views, tree preservation, gardens or enhanced open space.

4. Amenities Required:
     4-10 units = 1 amenity
     11-50 units = 2 amenities
     51-100 units = 3 amenities
     101-200 units = 4 amenities

5. Onsite storage – Each unit shall be equipped with 400 cubic feet of private enclosed lockable storage space within the garage, carport or immediately adjacent to the unit.

6. Setbacks, Height and Landscape Area:

Standards                                                 R-M                          M-U
Minimum front setback                    40                           35/10
Average front setback                        45                                       
Minimum rear setback                       25                               0     
Minimum side setback                       10                               0     
Minimum street side setback         25                             10   
R-M - Non habitable structures can encroach within the
required side yard and rear yard setbacks, but must comply
with Building Code                                                                                                
Height limitations                                 35                              50    
R-M - 50 with PC approval                                                             
Max. lot coverage                                60%                          50%
R-M - 70% with PC approval                                                          
Minimum landscape area                15%                         10%   
Setback between structures R-M:
25 - habitable structures with 3 or more units
10 – habitable structures less than 3 units and non habitable
structures from a habitable structure
6 – non habitable structure to non habitable structure                 

The following can encroach within the required setbacks: handicap access ramps, landscaping, garden walls, parking lots, recreational facilities (side and rear only), entry statements, sidewalks, driveways, underground utilities, lighting and similar fixtures.

7. Landscape Setbacks - A 15 foot landscape setback is required at front of property.

8. Landscape buffers – A 10-foot wide landscape buffer is required between development and adjacent R-M property; a 15-foot wide buffer is required between development and adjacent Single-Family zoned property.

9. Parking Standards:
Duplex – Enclosed two car garage per unit
Multi-family attached - Studio – 1 covered space per unit and 1 open space per unit
1 & 2 bdrm – 2 enclosed spaces per unit, one uncovered space per unit and 0.50 uncovered guest space per unit.
3 or more bdrm – 2 enclosed spaces per unit 1 uncovered space per unit and 0.50 uncovered guest space per unit.

10. Trash Enclosures – shall comply wall height standards and shall be located convenient distances from buildings and shall be sited to minimize visual, odor and noise impacts to abutting properties.

Approval process:
2-15 units - is a permitted use and is reviewed administratively through a Development Permit.
16-50 units - requires a Development Permit reviewed and approved by the Planning Commission
51 and above requires a Conditional Use Permit reviewed and approved by the Planning Commission