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HomeMy WebLinkAbout2008-08-26 - ORDINANCES - UDC AMEND ZONING SUBDIVISIONSORDINANCE NO. 08-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 08-038, UNIFIED DEVELOPMENT CODE AMENDMENT 08-001, AMENDING TITLE 16 (SUBDIVISIONS) AND TITLE 17 (ZONING) OF THE SANTA CLARITA MUNICIPAL CODE AND ADOPTING A NEGATIVE DECLARATION WHEREAS, the City of Santa Clarita General Plan requires the implementation of the City of Santa Clarita Unified Development Code (UDC) to be in compliance with the Government Code of the State of California; WHEREAS, the City of Santa Clarita Planning Division conducts an annual review of the UDC, proposing amendments to keep consistent with state law, provide clarification, keep current with current development trends and make the UDC more user friendly; WHEREAS, the City of Santa Clarita Planning Division has initiated Unified Development Code Amendment 08-001 (Master Case 08-038) to modify various sections of Title 16 and Title 17 of the City of Santa Clarita Municipal Code; WHEREAS, Unified Development Code Amendment 08-001 includes various modifications to the UDC attached as Exhibit "A", (the project); WHEREAS, the proposed amendments are consistent with and further implement the Goals and Policies of the City of Santa Clarita General Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on the project on May 20, 2008, at City Hall, 23920 Valencia Boulevard, Santa Clarita, CA 91355. Notice of the time, place, and purpose of the aforementioned meeting was duly noticed in accordance with Government Code 65090. At this meeting, the Planning Commission adopted Resolution P08-10, recormnending that the City Council adopt an ordinance approving Master Case 08-038, Unified Development Code Amendment 08-001 and adopt the Negative Declaration prepared for the project. WHEREAS, the City Council of the City of Santa Clarita conducted a duly noticed public hearing on the project on June 24, 2008, at City Hall, 23920 Valencia Boulevard, Santa Clarita, CA 91355. Notice of the time, place, and purpose of the aforementioned meeting was duly noticed in accordance with Government Code 65090. At this meeting, the City Council opened the public hearing and continued the item to the July 8, 2008 Council meeting. At the July 8, 2008 Council meeting, the City Council considered the staff report, staff presentation, and public testimony on the proposed amendments, introduced the ordinance by the City Council to modify the Unified Development Code and passed the ordinance to a second reading on August 26, 2008. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The proposed amendments to the Santa Clarita Unified Development Code are consistent with the City of Santa Clarita General Plan. SECTION 2. The proposed amendments to the Santa Clarita Unified Development Code identified in Exhibit "A" are hereby adopted. SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS. Based upon the foregoing facts and findings in the Initial Study prepared for the project, the City Council further finds, approves, and determines as follows: a. An Initial Study and a Negative Declaration have been prepared for this project in compliance with the California Environmental Quality Act (CEQA). b. The Initial Study has been circulated for review and comment by affected governmental agencies and the public and all comments received, if any, have been considered. The document was posted and advertised on April 18, 2008, in accordance with CEQA. The public review period was open from April 18, 2008, through May 20, 2008. c. Staff found that there were no impacts created as a result of the proposed project and a Negative Declaration has been prepared for the project in accordance with the CEQA. The Negative Declaration reflects the independent judgment of the City of Santa Clarita. d. The location of the documents and other material which constitutes the record of proceedings upon which the decision of the City Council is based is the Master Case 08-038 project file within the Community Development Department and is in the custody of the Director of Community Development. SECTION 4. That if any portion of this Ordinance is held to be invalid, that portion shall be stricken and severed, and the remaining portions shall be unaffected and remain in full force and effect. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 6. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. 7 2 1 1 PASSED, APPROVED AND ADOPTED this 26th day of August, 2008. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 08-13 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of July, 2008. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 26th day of August, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Weste, McLean, Ender, Kellar None Ferry AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 08-13 and was published in The Signal newspaper in accordance with State Law (G.C. 402606). 'V CITY CLERK 9-/ Dated r� 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ss. CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance No. 08-13, adopted by the City Council of the City of Santa Clarita, CA on August 26, 2008, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of , 20 Sharon L. Dawson, MMC City Clerk By Susan Caputo Deputy City Clerk n 1 EXHIBIT "A" 2008 Unified Development Code Amendments Title 16 SUBDIVISIONS 16.07.020 Restricted Residential Access A. If a street or street system is restricted to a single route of access to a highway shown on the Master Plan of Arterial Highways, except for a limited secondary highway, which is maintained and open to public travel, whether at the point of intersection with the highway or at some point distant from the highway, unless otherwise approved by the Fire Department, the street or street system shall serve not more than: 1. One hundred fifty (150) dwelling units where the restriction is designed to be permanent and the street or street system does not traverse a wild land area which is subject to hazard from brush or forest fire; 2. Seventy-five (75) dwelling units where the restriction is designed to be permanent and the street or street system traverses a wild land area which is subject to hazard from brush or forest fire; 3. Three hundred (300) dwelling units where the restriction is subject to removal through future development. B. If the roadway paving on that portion of the street or street system forming the restriction is less than thirty-six (36) feet in width and is not to be widened to thirty-six (36) feet or more as a part of the development of the division of land, the permitted number of dwelling units shall be reduced by twenty-five (25) percent if the pavement is twenty-eight (28) feet or more in width, and by fifty (50) percent if the pavement is less than twenty-eight (28) feet in width. If the roadway paving on that portion of the street or street system forming the restriction is sixty-four (64) feet or more in width and the restriction is subject to removal through future development, the permitted number of dwelling units may be increased to six hundred (600). In no event shall the pavement width be less than twenty (20) feet. The provisions of this section shall not apply to divisions of land referred to in Section 16.21.040, to divisions of land approved pursuant to Section 16.21.060, or to minor land divisions. Page 1 of 26 UDC Changes 2008 Exhibit "A" Title 17 ZONING Chapter 17.01 ADMINISTRATION Sections: 17.01.010 Scope. 17.01.020 Purpose, 17.01.030 Private Agreements. 17.01.040 Repeal of Conflicting Development Codes. 17.01.050 Interpretation of Language. 17.01.060 Similar Use Determination. 17.01.070 General Plan Consistency. 17.01.080 Enforcement. 17.01.090 Development Applications. 17.01.100 Public Hearings and Notifications. 17.01.110 Action by the Director. 17.01.120 Action by the Planning Commission. 17.01.130 Action by the City Council. 17.01.135 Appeals. 17.01.140 Revocation or Modification of a Permit or Other Entitlement for Cause. 17.01.150 Automatic Revocation of a Permit or Other Entitlement. 17.01.160 Expiration and Extension. 17.01.170 Expansions of Conditionally Permitted Uses and Structures. 17.01.100 Public Hearings and Notifications. C. Supplemental Notice Requirement. 5. The City Council and the Planning Commission shall be included in the notification for any application of a Minor Use Permit or Conditional Use Permit. 17.01.135 Appeals. An appellant may submit a written request to withdraw their appeal any time up to 14 days prior to the public hearing scheduled for the appeal, in which case the appeal shall not move forward and the decision that was the subject of the appeal shall be the final decision. If an appeal is not withdrawn by the close of business on the 14`h day prior to the scheduled appeal hearing, the hearing shall be conducted by the reviewing body. Chapter 17.03 PERMITS AND APPLICATIONS Sections: 17.03.010 Development Agreements, 17.03.015 Specific Plans. 17.03.020 Zone Changes and Amendments. Page 2 of 26 UDC Changes 2008 Exhibit "A" 17.03.025 Master Plans. 17,03,030 17.03.040 Tentative Subdivision Maps. Conditional Use Permits and Minor Use Permits. 17.03.045 Nonconstruction Conditional Use Permits and Nonconstruction Minor Use Permits. 17.03.050 Variances and Adjustments. 17.03.060 Development Review. 17.03.070 Lot Line Adjustments. 17.03.080 Temporary Use Permits. 17.03.090 Home Occupation Permits. 17.03.100 Grading Permits. 17.03.110 Administrative Permit. 17.03.120 Hillside Development Review. 17.03.125 Ridgeline Alteration Permit. 17.03.130 Architectural Review. 17.03.140 Oak Tree Permit. 17.03.010 Development Agreements D. Action of the Planning Commission. Prior to the public hearing, the Director of Community Development shall investigate the application and prepare a written report. The report shall be transmitted to the Planning Commission and the applicant at least three (3) calendar days prior to the public hearing. The Planning Commission action shall be in the form of a resolution, recommending that the City Council approve or deny as the development agreement as such was applied for or in modified form. F. City Council Action. After receipt of the Commission's recommendation of approval or, the City Council shall hold a public hearing and shall give notice of the public hearing pursuant to the procedure set forth in Section 17.01.100. The City Council may approve, modify or disapprove the development agreement. Any modification of the development agreement by the City Council which was not previously considered by the Commission during its hearing may be referred to the Planning Commission for report and recommendation prior to final action by the City Council. The Commission shall not be required to hold a public hearing thereon. Approval by the City Council of a development agreement shall be by ordinance. 17.03.015 Specific Plans. A. Purpose. The specific plan (SP) zone is to achieve the following purposes: 1. To promote and protect the public health, safety and welfare. 2. To implement the objectives and policies of the General Plan. 3. To safeguard and enhance environmental amenities, such as oak trees and significant ridgelines, and enhance the quality of development. 4. To attain the physical, social and economic advantage resulting from comprehensive and orderly planned use of land resources. 5. To lessen congestion and assure convenience of access; to secure safety from fire, flood and other dangers; to provide for adequate light, air, sunlight and open space; to promote and encourage conservation of scarce resources; to facilitate the creation of a convenient, attractive and harmonious community; to attain a desirable balance of residential and Page 3 of 26 UDC Changes 2008 Exhibit "A" employment opportunities; and to expedite the provision of adequate and essential public services. 6. To facilitate development within the City in accordance with the General Plan by permitting greater flexibility and, consequently, more creative and imaginative designs for large-scale development projects than generally is possible under conventional zoning regulations. 7. To promote more economical and efficient use of the land while providing a harmonious variety of housing choices and commercial and industrial activities, a high level of urban amenities and preservation of natural and scenic qualities of open space. 8. To provide a process for initiation, review and regulation of large-scale comprehensively planned communities that affords the maximum flexibility to the developer within the context of an overall development program and specific, phased development plans coordinated with the provision of necessary public services and facilities. B. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code. C. Hearing and Notification. The Planning Commission and the City Council shall each hold a public hearing on every complete application for a specific plan. The hearing shall be set and notice given as prescribed in Section 17.01.100. D. Findings. The Planning Commission may recommend that the City Council make one of the following findings for a specific plan: 1. The proposed specific plan is consistent with the General Plan and development policies of the City; or 2. The proposed specific plan is not consistent with the General Plan and development policies of the City and deny the application or continue it to allow for changes to be made to make the application consistent. G. Final Action. The City Council's action to approve or deny is final. H. New Application. Following the denial of an application for a specific plan, an application or request for the same or substantially the same change shall not be filed within one calendar year of the date of denial. I. Change of Zoning Map. A specific plan shall be adopted by ordinance and shall become the zoning for the property. A specific plan shall be indicated by listing on the zoning map the number of the ordinance amending the map. The City Clerk shall notify the County Assessor of any changes of zone within ninety (90) calendar days of adoption by the City Council. J. Specific Plan Amendments. 1. A specific plan may be amended in the same manner as provided for adoption of a specific plan by this section. 2. An amendment to a specific plan may be initiated by the City Council. An amendment may also be initiated by the applicant for the specific plan zone or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the specific plan zone. 17.03.025 Master Plans. C. Applicability. The Director may require public, semi-public, or private uses of any size in the City to submit a master plan, appropriate environmental documents and plans including but Page 4 of 26 UDC Changes 2008 Exhibit "A" not limited to landscape, transportation and building, as required by this chapter. Permitted and conditionally pennitted uses may be included in an application for a master plan. The submission of applications for additional use permits will not be required provided that uses proposed are consistent with the provisions of the master plan. 1. Projects That Are Consistent. After a master development plan is approved, proposed projects consistent with the plan, as determined by the Director, shall not require a conditional use permit or a minor use permit, but shall comply with all other requirements of this code. 2. Projects That Are Inconsistent. If a project that is inconsistent with an approved master plan is proposed for a site located within an area covered by such plan, an application shall be filed for an amendment to the plan as authorized by this chapter. G. Findings. The Council shall make the following findings for the approval of a master plan: a. That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this development code, the purpose of the zone in which the site is located, the Santa Clarita General Plan, and the development policies and standards of the City; and b. That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to: (1) Harmony in scale, bulk, coverage, and density; (2) The availability of public facilities, services and utilities; (3) The harmful effect, if any, upon desirable neighborhood character; (4) The generation of traffic and the capacity and physical character of surrounding streets; (5) The suitability of the site for the type and intensity of use or development which is proposed; (6) The adverse significant effect, if any, upon environmental quality and natural resources which cannot be mitigated unless the approving authority adopts a statement of overriding considerations; and c. That the proposed location, size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and d. That the proposed use will comply with each of the applicable provisions of this code, except for an approved variance or adjustment. 17.03.050 Variances and Adjustments E. Variance Findings. The Planning Commission may grant a variance to a property development standard prescribed by this development code, as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the approving authority makes the following findings: 1. That, because of special circumstances applicable to the property (size, shape, topography, location or surroundings) or the intended use of the property, the strict application of the development code deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification; and 2. That granting a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought; and Page 5 of 26 UDC Changes 2008 Exhibit "A" 3. That granting the variance will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; and 4. That granting of this variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and 5. That granting of this variance does not allow a use or activity which is prohibited by the zoning regulation governing the parcel of property; and 6. That granting the variance will not be inconsistent with the City of Santa Clarita General Plan. F. Adjustment Findings. The Director may grant an adjustment to a property development standard prescribed by this development code, as the adjustment was applied for or in modified form, if, on the basis of the application and the evidence submitted, the approving authority makes the following findings: 1. That granting an adjustment is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone which would otherwise be denied to the property for which the adjustment is sought; and 2. That granting the adjustment will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located. G. Signs —Additional Findings. The Director, in the case of an adjustment, or the Planning Commission, in the case of a variance, may grant a variance or adjustment for sign location and other similar performance standards, as the variance or adjustment was applied for or in modified form, if on the basis of the application and the evidence submitted, the approving authority makes findings of fact established in subsection (E) for variances and subsection (F) for adjustments of this section and finds that the granting of the variance or adjustment will not detract from the attractiveness or orderliness of the City's appearance or the surrounding neighborhood. H. Parking —Additional Findings. The Director of Community Development may grant an adjustment or the Planning Commission may grant a variance to a regulation prescribed by this development code with respect to off-street parking facilities if, on the basis of the application and the evidence submitted, the approving authority makes findings established in subsection (E) and (F) of this section and makes the additional findings: 1. That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of the sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation; and 2. That the granting of the variance or adjustment will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. I. Expiration and Extension. An extension of a variance or adjustment may be granted pursuant to Section 17.01.160. J. Final Action. The decision of the approving authority is final and effective within fifteen (15) calendar days unless an appeal is filed, in writing, in accordance with Section 17.01.110 for Director's action and 17.01.120 for Planning Commission action. Page 6 of 26 UDC Changes 2008 Exhibit "A" K. New Application. Following the denial of a variance or adjustment application, no application for the same or substantially the same variance or adjustment on the same or substantially the same site shall be filed within one year of the date of denial of the variance or adjustment. L. Variance or Adjustment Related to Plans Submitted. Unless otherwise specified at the time a variance or adjustment is granted, such variance or adjustment shall apply only to the specific variance(s) or adjustment(s) requested by the applicant as shown on plans and drawings submitted as part of the application. 17.03.080 Temporary Use Permits. A. Applicability. Where this section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this section shall apply. Temporary events that are conducted on public property or within the public right-of-way shall be subject to approval of the Director of Parks, Recreation, and Community Services. The following temporary uses are pennitted in all zones, subject to the following regulations and with the approval of the Director of Community Development (except as otherwise noted) and other necessary permits and licenses. 16. Temporary uses in excess of one (1) year, but less than five (5) years will be subject to a public hearing before the Planning Commission. The public hearing shall be noticed in accordance with Section 17.01.100 of this code. The Planning Commission may impose conditions to safeguard and protect the public health, safety, and promote the general welfare. The Planning Commission must make the following findings for an extended TUP: a. That adequate public and private facilities such as utilities, parking spaces, and traffic circulation measures are, or will be provided for the proposed use; b. That the proposed location, size, design, and operating characteristics of the proposed use is in accordance with the purpose of this development code, the purpose of the zone in which the site is located, the Santa Clarita General Plan, and the development policies and standards of the City; c. That the use and its associated structures and facilities will not be detrimental to the public health or safety, the general welfare, or the environment; and d. That the use and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding properties. E. Extension or Modification of Limitations. Upon written application, the Community Development Director may extend the time within which temporary uses may be operated, or may modify the limitations under which such uses may be conducted if the Director determines that such extension or modification is in accordance with this code. Unless otherwise noted, any extension of a temporary use beyond a cumulative duration of one year shall require notification consistent with Section 17.01.100(D)(1). Should a reasonable case be presented to the Director of Community Development that there is a public nuisance created as a result of the TUP, additional review in the form of a noticed public hearing before the Planning Commission may be required. At that hearing, additional conditions may be imposed to mitigate any nuisance, or the TUP may be revoked in accordance with the provisions of this code. 17.03.090 Home Occupation Permits B. Applicability. The following is a list of uses subject to the approval of a Home Occupation Permit in residential zones within the City: Page 7 of 26 UDC Changes 2008 Exhibit "A" 1. Telecommuting. 2. Business and professional offices, excluding medical, dental, and similar uses that involve regular patient visits to the site, provided that no retail sales transactions are made on the premises and that no employees, customers, or clients visit the site except as specifically allowed by this section. Typical examples of such general business office activities include research, report writing, bookkeeping, sending and receiving of mail, telephone calls, electronic facsimile communications and electronic communications by computer. 3. Instruction in academia, music, voice, art dance, or similar activities with no more than one pupil receiving instruction at any given time. 4. Activities associated with the work of artists, sculptors, authors, and composers. 5. Activities associated with the work of dressmakers, seamstresses, and tailors. 6. Home crafts, such as model making, rug weaving, quilting and needlework, and wood working, limited to the uses of tools and equipment commonly available for personal residential use, but specifically excluding cabinet making. 7. Home based direct sales distributions businesses in which sales, merchandise distribution, and product demonstrations are conducted either off -site or by telephone, mail, or other electronic communication. 8. Other uses as determined by the Director of Community Development. C. Prohibited Uses. The following businesses shall not be operated out of a home and shall not be permitted by home occupation permits: alcohol sales, food preparation, firearm sales, on -site massage therapists, hairdressers, retail sales, vehicle storage, vehicle sales and vehicle repair, commercial kennels, commercial stables, breeding facilities and forensic testing D. Conditions. Home occupations shall be subject to the following conditions: 17.03.125 Ridgeline Alteration Permit A. Purpose. In an effort to achieve the City's objective to preserve the ridgelines within the City limits for the public health, safety and welfare for the long-term benefit of the community, maintenance of the unique visual characteristics, resources and ridgeline integrity, and to achieve a higher quality of life for its residents, the ridgeline preservation (RP) zoning overlay classification was established. B. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code. C. Hearings and Notification. Public hearings shall be set and notice given as prescribed in Section 17.01.100. D. Approving Authority. The Planning Commission and the City Council shall each hold a public hearing for a project in the RP overlay zone. The Planning Commission's review shall be advisory to the City Council and shall include a recommendation on the required findings. The City Council shall be the approving authority for a ridgeline alteration permit. E. Findings. Approval of a ridgeline alteration permit for encroachment onto an identified ridgeline shall be permitted when, following a public hearing, the City Council issues written findings determining the following: l . The proposed use is in conformance with the various goals and policies of the General Plan. 2. The use or development will not be materially detrimental to the visual character of the neighborhood or community, nor will it endanger the public health, safety or general welfare. Page 8 of 26 UDC Changes 2008 Exhibit "A" 3. The appearance of the use or development will not be different than the appearance of adjoining ridgeline areas so as to cause depreciation of the ridgeline appearance in the vicinity. 4. The establishment of the proposed use or development will not impede the normal and orderly development and improvement of surrounding property, nor encourage inappropriate encroachments to the ridgeline area. 5. The proposed use or development will not violate the visual integrity of the ridgeline area as has been demonstrated through precise illustration and depiction required in Section 17.80.030. 6. The use or development minimizes the effects of grading to the extent practicable to ensure that the natural character of the ridgeline is preserved. 7. The proposed use or development maintains the appearance of natural ridgelines with uses and development consistent with density requirements established in Section 17.80.035. 8. The proposed use or development utilizes or creates minimally invasive grading techniques, creates visual interest in the project site design and/or spacing of development that significantly exceeds the minimum standards identified in the City of Santa Clarita Hillside Development Guidelines. 9. The proposed use or development is designed to mimic the existing topography to the greatest extent possible through the use of landform contour grading. 10. The proposed use or development demonstrates creative and imaginative site design resulting in a project that will complement the community character and provide a direct benefit to current and future community residents of not only the proposed use or development, but the residents of the City of Santa Clarita as a whole. 11. The proposed use or development does not alter natural landmarks and prominent natural features of the ridgelines. 12. The provisions and implementation of this section does not create an undue economic hardship or deny the minimal use of the land. F. Final Action. The action of the City Council to approve, approve with conditions and/or modifications, or deny the ridgeline alteration permit is final. 17.03.140 Oak Tree Permit A. Purpose. The purpose of this section is to protect and preserve oak trees in the City and to provide regulatory measuresdesigned to accomplish this purpose. B. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code. C. Hearings and Notification. Public hearings shall be set and notice given as prescribed in Section 17.01.100. D. Approving Authority. The Director may approve, deny or conditionally approve a request for the removal of three (3) or fewer oak trees on a single parcel except for heritage oak trees as provided herein. The Director may approve, deny or conditionally approve a request for the removal of five (5) or fewer trees when the applicant is the owner of a single-family residence and the trees in question are on the applicant's lot. The Director may also approve, deny or conditionally approve a request for pruning by a certified arborist or encroachment involving an unlimited number of oak trees. The decision of the Director may be appealed to the Planning Commission and the Commission's decision may be appealed to the City Council pursuant to the Page 9 of 26 UDC Changes 2008 Exhibit "A" provisions of this code. The Director may refer any request for an oak tree permit directly to the Planning Commission if the Director detennines that special circumstances may exist with regard to the status of the tree(s), special community interest, or exceptional aesthetic, environmental or historical value. Any request for removal of four (4) or more oak trees or six (6) or more oak trees on a property occupied by a single-family residence or one or more heritage oak trees on a single parcel shall be reviewed by the Planning Commission who may approve, deny or conditionally approve such request. The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of this development code. E. Findings. The approving authority shall make one or more of the following findings before granting an oak tree permit: 1. The condition or location of the oak tree(s) requires cutting to maintain or aid its health, balance or structure. 2. The condition of the tree(s) with respect to disease, danger of falling, proximity to existing lots, pedestrian walkways or interference with utility services cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices. 3. It is necessary to remove, relocate, prune, cut or encroach into the protected zone of an oak tree to enable reasonable use of the subject property which is otherwise prevented by the presence of the tree and no reasonable alternative can be accommodated due to the unique physical development constraints of the property. 4. The approval of the request will not be contrary to or in conflict with the general purpose and intent of the Oak Tree Preservation Ordinance. 5 No heritage oak tree shall be removed unless one or more of the above findings are made and the decisionmaker also finds that the heritage oak tree's continued existence would prevent any reasonable development of the property and that no reasonable alternative can be accommodated due to the unique physical constraints of the property. It shall further be found that the removal of such heritage oak tree will not be unreasonably detrimental to the community and surrounding area. Chapter 17.05 PRE-EXISTING LEGAL USES AND STRUCTURES 17.05.020 Continuation and Maintenance. E. A use which does not meet the performance standards of the zone in which it is located shall be permitted to expand in the event that the expansion does not increase the degree of nonconformity. F. A parking lot previously constructed with or without a surplus of parking over what was required at the time of approval of the development shall be subject to the parking provisions of Section 17.18 of this code for all new uses or structures. A parking lot shall only be considered to have a surplus of parking if it complies with the current parking provisions of Section 17.18 of this code. G. When interpreting setbacks for a residential use in a residential zone that are legal, non- conforming, new construction shall be permitted to maintain/continue the existing non- conformity provided the structure does not further encroach into the existing setback are. Any further encroachment into the established setback shall be considered an increase in the Page 10 of 26 UDC Changes 2008 Exhibit "A" degree of non -conformity and will be required to obtain the appropriate adjustment or variance entitlement. Chapter 17.07 DEFINITIONS 17.07.010 Definitions "Barnyard animal" shall mean animals including, but not limited to, cows, horses, ducks, goats, chickens, donkeys, sheep, llamas, turkeys, pigs, and alpaca. "Licensed bed" shall mean a bed for which a hospital holds a license to operate by the State of California Office of Statewide Health Planning and Development (OSHPD). "Passive Use Common Area" shall mean privately held land within subdivisions that has been set aside for passive open space purposes. That land shall be permanently preserved as open space. Within such passive open space areas, the only use that shall be permitted are improved trails and appurtenant facilities. Chapter 17.12 USE TYPE CLASSIFICATION Commercial Use Types 5. Bars, Wine Bars, and Alcohol Drinking Establishments 15. Professional Offices a. Call Centers Public and Semi -Public Use Types 12. Small Wind Energy System 13. Wireless Communications Facilities 14. Zoos a. Zoos b. Petting Zoos 17.12,050 Commercial Use Type Classifications 5. Bars, Wine Bars, and Alcohol Drinking Establishments — includes establishments used primarily for sale or dispensing of alcoholic beverages for on -site consumption and that are not part of a restaurant. Such establishments shall be in accordance with the provisions of Section 17.17.040(D). 15. Professional Offices —includes professional and government offices including, but not limited to administrative offices, advertising agencies, attorneys, counseling services, computer software designers, engineering services, insurance agencies, real estate agencies, and travel agencies. a. Call Centers - A functional area within an organization or an outsourced, separate facility that exists solely to answer inbound or place outbound telephone calls; usually a voice operations Page 1 l of 26 UDC Changes 2008 Exhibit "A" center that provides a full range of high -volume, inbound or outbound call -handling services, including customer support, operator services, directory assistance, multilingual customer support, credit card services, inbound and outbound telemarketing, interactive voice response and web -based services. 17.12.60 Industrial Use Type Classifications 12. Recycling e. Materials Recovery Facility —includes facilities where mixed municipal solid waste is sorted and separated, by hand or through the use of machinery, for the purpose of recovering recyclable materials. A materials recovery facility may incorporate a solid waste transfer station as an accessory use. 17.12.070 Public and Semi -Public Use Type Classifications 12. Small Wind Energy System — includes wind energy conversion systems consisting of a wind turbine, a tower, and associated control or conversion electronics, which will be used primarily to reduce on -site consumption of utility power. 13. Wireless Communications Facilities - includes commercial and private electromagnetic and photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular telephone, microwave communications and data network communications; including commercial earth stations for satellite -based communications. Includes antennas (dish and satellite), telecommunication towers, monopoles and equipment buildings. Wireless communication facilities shall be in accordance with Section 17.17.040(N). Does not include accessory structures, including home television and radio receiving antennas, HAM radio antennas, residential satellite dishes in accordance with Section 17.17.040(I), and communications facilities for community services provided by a public agency. 14. Zoos a. Zoos — includes places where animals are kept, often in a combination of indoor and outdoor spaces, and are viewed by the public. b. Petting Zoos — includes an establishment designated to the keeping of domestic and barnyard animals in a combination of indoor and/or outdoor spaces where visitors are able to directly interact with the animals Admission may be free or fee based. 1 Page 12 of 26 UDC Changes 2008 Exhibit "A" Chapter 17.13 Sections: PERMITTED USE CHART 17.13.005 Generally. 17.13.010 Residential Uses 17.13.020 Commercial Use Type Classifications 17.13.030 Industrial Use Type Classifications 17.13.040 Public and Semi -Public Use Type Classifications 17.13.050 Agricultural Use Type Classifications 17.13.060 Temporary Use Type Classifications 17.13.070 Accessory Structures and Uses Use Type classifications 17.13.080 Development Activities/Miscellaneous Use Type Classification 17.13.005 Generally. Environmental clearance must be obtained prior to the installation, operation or development of any use. All requirements for protection of significant ecological areas, flood hazard areas and other areas of environmental concern identified by the Santa Clarita General Plan shall be met. This is not a complete list; the Director of Community Development may determine that a use not listed below is similar to a listed use and process the proposal as the similar use would be processed. The following uses shall be permitted where the symbol "P" appears; subject to a conditional use permit where the symbol "C" appears; subject to a minor use permit where the symbol "M" appears; and prohibited where the symbol "X" appears. Numbers contained in parentheses identify applicable notes found at the end of the Chapter. Page 13 of 26 UDC Changes 2008 Exhibit "A" A RE RVL RL RS RM RMH RH CTC CC CN CO VSR BP IC I PE OS MHP SP 17.13.020 Commercial Use Types 5 Bars, Wine Bars, and Alcohol X X X X X X X X C C C C C C C X X X X (13) Drinking Establishments (9) 15.ProfessionalOffices X X X X X X X X P P P P P P P(1) M X X X (13) a. Call Centers X X X X X X X X P P X P P P M M X X X (13) 17.13.030 Industrial Use Types 12. Outdoor Storage (11) b. Contractor Storage Yards X X X X X X X X X X X X X M P(1) P X X X (13) 17.13.040 Public & Semi -Public Use Types 12. Small Wind Energy System P(26) P(26) P(26) P(26) P(26) P(26) P(26) P(26) P(26) P(26) P(26) P(26) P(26)P(26)P(26) P(26) P(26) P(26) P(26) (13) 13. Wireless Communication (20) Facilities 14. Zoos (20) a. Zoo C X X X X X X X X X X X C X X X C(27) X X (13) b. Petting Zoo M X X X X X X X X X X X C X X X C(27) X X (13) Notes: 26. Small wind energy systems shall be permitted in all zones subject to the specific development requirements of Section 17.17.040.T of this code. 27. Zoos in the PE zone shall be subject to a Conditional Use Pen -nit, and shall be for educational purposes only. Page 14 of 26 UDC Update 2008 Exhibit "A" Chapter 17.15 PROPERTY DEVELOPMENT STANDARDS 17.15.020 Property Development Standards: Agricultural and Residential Zones A. Setbacks 6. Accessory Buildings and Structures. e. Platforms, landings, decks, pools and access stairs exceeding an average height of one foot which do not extend above the level of the first floor, may extend into a required side and rear yard provided: (1) That such structures shall not be located closer than five (5) feet to any lot line; and (2) That such structures shall remain unenclosed on at least two (2) sides. This provision, however, shall not preclude the placement of detachable screens. 17.15.020.F. Mobilehomes as Temporary Residences. 4. Unless otherwise stated in Section 17.13.060 of this code, the occupancy of vehicles, including recreational vehicles, as a residence, temporary or permanent, is prohibited in all residential zones. 17.15.020.J. Multifamily Residential. 8. Trash Collection Areas. The following requirements shall be met for all trash collection areas for multifamily residential development: a.Trash areas shall be provided for each multifamily residential building. All trash areas not located inside a building shall be paved and located in the rear yard. Such area shall have minimum inside dimensions of eight (8) feet by five (5) feet, shall accommodate source separation of recyclable materials in accordance with State requirements, and shall be screened from view by a five (5) foot high masonry wall, solid gates, and a solid roof. One trash area shall be provided for the first ten (10) residential units, and one trash area for each additional ten (10) units, or major fraction thereof. b. Multifamily residential developments that require individual waste collection for each unit shall provide space for all required waste bins to be screened from public view. 17.15.040.H. Other Requirements. 11. Unless otherwise stated in Section 17.13.060 of this code, the occupancy of vehicles, including recreational vehicles, as a residence, temporary or permanent, is prohibited in all commercial and industrial zones. Chapter 17.16 SPECIAL ZONES AND STANDARDS 17.16.030 SP—Specific Plan Zone. A. Use Regulations. 1. Allowable uses in each specific plan zone shall be as established by the specific plan. Page 15 of 26 UDC Update 2008 Exhibit "A" 2. Existing uses within the specific plan zone at the time of its establishment shall be deemed allowable and incorporated in the specific plan, unless tern-linated, discontinued or changed pursuant to a specific time schedule incorporated in the specific plan. 3. Unless otherwise provided by the specific plan, public utility facilities and publicly owned facilities shall be allowable subject to a conditional use permit. 4. Unless otherwise provided by the specific plan, accessory uses or facilities shall be subject to the same use regulation provisions as the principal use or facility. 5. Temporary uses and home occupations pursuant to the requirements of this code shall be allowable in each specific plan zone. B. Property Development Standards." 1. General Requirements. a. A specific plan zone shall include a minimum area of thirty (30) contiguous acres, under single ownership or otherwise subject to unified planning, construction and development by a person, corporation, or other entity. The City Council may reduce the minimum acreage requirement in cases where the specific plan zone provides greater protection of the goals and objectives of the general plan. b. A specific plan zone shall be established upon application of a property owner, in accordance with procedures set forth in Section 17.03.015, and subject to the following provisions: (1) A specific plan shall be submitted for consideration by the City Council, pursuant to this chapter. (2) Determination by the Council, after considering the recommendation of the Planning Commission, that the establishment of the zone and approval of the specific plan shall: (A) Provide for the development of a comprehensively planned community within the zone that is superior to development otherwise allowable under alternate regulations. (B) Provide for development within the zone in a manner consistent with the General Plan and with related development and growth policies of the City. c. Provide for the construction, improvement or extension of transportation facilities, public utilities and public services required by development within the zone. d. There shall be no minimum yard requirement for individual lots except as established by a specific plan, a conditional use permit or development review. e. There shall be no minimum usable open space requirement for individual lots, except as established by a specific plan, a conditional use permit or development review. f. The maximum number of dwelling units within a specific plan zone shall not exceed the ability of the City to provide services in accordance with the General Plan and applicable local ordinances; provided that the distribution of units within the zone and the maximum residential density on any individual site or within designated portions of the zone shall be governed by the specific plan, conditional use permit or development review. Page 16 of 26 UDC Update 2008 Exhibit "A" Where a density bonus pursuant to Section 17.17.070(A) is requested, the maximum residential density on any individual site shall be based upon the maximum density of the specific plan zone for that site. In the event the General Plan does not establish a maximum residential density for said site, the City Council, after considering the recommendation of the Planning Commission, shall determine the appr6priate density based on detailed review of the specific plan and the provisions of this code. 2. Special Requirements. a. The specific plan zone and all uses therein shall be designed and developed in a manner compatible with and complementary to existing and potential development in the general vicinity of the zone. Site planning on the perimeter shall provide for the mutual protection of the zone and surrounding property from potential adverse influences. b. All public streets within or abutting the development shall be dedicated and improved to City specifications for that particular classification of street. Private streets within the development shall be improved to City specifications for that particular classification of street. Private streets within the development shall be irrevocably offered for dedication and maintained for their intended purpose by means acceptable to and enforceable by the City. Consideration of other forms of access, such as pedestrian ways, courts, plazas, driveways, horse trails, bike trails, or open parking lots offered for dedication may be made at the time of the specific plan consideration as a means of meeting requirements for open space or park dedication requirements. c. The Director may require the submission of an assessment of progress toward completion of development authorized by the specific plan including adherence to development schedules and phasing. C. Performance Standards. 1. All development within a specific plan zone shall be consistent with the Hillside Development Ordinance and Guidelines; make suitable provision for the preservation of watercourses, drainage areas and similar features; and shall otherwise be designed to use and retain or enhance the natural features and amenities to the best advantage for preservation. 2. All areas for storage of maintenance equipment, and all service areas including refuse storage and collection facilities, shall be enclosed by a fence, wall and/or landscape screen. 3. All uses within a specific plan zone shall provide off-street parking and loading facilities pursuant to Chapter 17.18. 4. The specific plan shall propose a means for assuring continuing existence, maintenance and operation of the various common elements and facilities. 5. Additional site development regulations and performance standards applicable to individual uses or to designated portions of a specific plan zone may be established by the specific plan, conditional use permit or development review approval pursuant to the specific plan. D. Pre -Application Procedure. Prior to submitting an application for a specific plan zone, or implementation thereof, the applicant or prospective developer shall hold preliminary consultations with the Director of Community Development and other Page 17 of 26 UDC Update 2008 Exhibit "A" City officials. Such preliminary consultations should be relative to a conceptual development plan which includes, but is not limited to, the following: 1. Proposed land uses to be developed within the zone. 2. Development concepts to be employed. 3. Schematic maps, illustrative material and narrative sufficient to describe the general relationships between land uses, and the intended design character and scale of principal features. 4. A preliminary time schedule for development, including quantitative data, such as population, housing units, land use acreage and other data sufficient to illustrate the phasing of development and potential impact on public service requirements. 5. Following initial preliminary consultation pursuant to this section, the Director may require presentation of the conceptual specific plan to the Planning Commission and City Council. 17.16.055 RP — Ridgeline Preservation Overlay Zone. A. Purpose. In an effort to achieve the City's objective to preserve the ridgelines within the City limits for the public health, safety and welfare for the long-term benefit of the community, maintenance of the unique visual characteristics, resources and ridgeline integrity, and to achieve a higher quality of life for its residents, the ridgeline preservation (RP) zoning overlay classification was established. B. Applicability. The ridgeline preservation (RP) overlay zone applies to areas identified on the adopted ridgeline map on file in the Planning Division. Any development including but not limited to grading pennits, building permits and land use entitlements, indicated on the ridgeline map and located within the upper two-thirds (2/3) of the overall height of the ridgeline from its base and/or within 1,000 feet of the ridgeline is subject to a ridgeline alteration pen -nit. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code. C. Uses. All uses of the underlying zone shall follow the requirements and restrictions associated with that zone with the approval of a ridgeline alteration permit. D. Property Development Standards. The following requirements shall apply to any use, development or alteration of land on all properties located in the ridgeline preservation overlay zone in addition to the requirements of the underlying zone. Additional regulations may be specified as conditions of approval as part of the pennitting process. Any deviations from the property development standards will require the approval of an Adjustment or a Variance as described in Section 17.03.050 of this code. Chapter 17.17 SPECIAL USES AND STANDARDS 17,17.040 Specific Development Requirements S. Small Wind Energy Systems. All Small Wind Energy Systems shall conform to the following requirements: 1. Small Wind Energy Systems shall not be permitted on parcels of less than one acre in size. Page 18 of 26 UDC Update 2008 Exhibit "A" 2. Tower heights of not more than 65 feet shall be allowed on parcels between one and five acres and tower heights of not more than 80 feet shall be allowed on parcels of five acres or more, provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system. 3. System towers must be setback from the property line equal to the height of the proposed system tower, provided that it also complies with any applicable fire setback requirements. 4. Decibel levels for the system shall not exceed the noise standards of the Municipal Code. 5. The system's turbine must have been approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the commission's Renewables Investment Plan or certified by a national program recognized and approved by the Energy Commission. 17.17.090 Oak Tree Preservation. H. Conditions. Conditions may be imposed on the permit at the discretion of the decistonmaker, including, but not limited to, any of the following: 1. A condition requiring the replacement or placement of additional trees on the subject property to offset the impacts associated with the loss of a tree, limbs or encroachment into the protected zone of an oak tree. 2. The relocating of trees on -site or off -site, or the planting of new trees on -site or off -site to offset the loss of a tree. The applicant shall be responsible for periodic submission of affidavits by a qualified oak tree expert at the conclusion of grading and construction one year after the planting of replacement or relocated trees and two (2) years after the planting of replacement or relocated trees for on -site trees only. Such affidavit shall certify compliance with all conditions of the permit and the health of all replacement or relocated trees. This requirement shall be supplemented by random inspections by the City of Santa Clarita. The applicant's acceptance of an approved permit and the exercise of rights thereunder shall be deemed consent to allowing city officials reasonable access to the property for the purpose of conducting such inspections. 3. A condition requiring an objectively observable maintenance and care program to be initiated to ensure the continued health and care of oak trees on the property. 4. Payment of a fee or donation of boxed trees to the City or other approved public agency to be used elsewhere in the City. Such fee or boxed trees shall be of equivalent value to any and all oak trees removed from the property as defined by the current edition of the "Guide for Plant Appraisal," published by the International Society of Arboriculture (ISA), a copy of which shall be kept on file in the City's Community Development Department. The applicant shall be credited with the value of any replacement oak trees which may be required. Such fees shall be utilized for the purpose of furthering the preservation and regeneration of oak trees, the identification and official designation of heritage oak trees, the purchase, monitoring and ongoing maintenance of oak trees, landscaping and other habitat refurbishment and for educational and informational programs related to oak trees and their preservation. As an alternative to the payment of all or a portion of the fees described above, an applicant may also be Page 19 of 26 UDC Update 2008 Exhibit "A" credited with the value of any accepted dedications of property within the City which are suitable for the planting and survival of oak trees. Fees imposed under this section may be reduced as mitigated by specific circumstances and corrective measures undetected by the property owner. 5. For mitigation of oaks due to removal, and/or major encroachment of non - heritage oak trees on a property occupied by a single-family residence, any required tree replacements shall be based on a six (6) inch increment as follows: • 8" to 12" = Two (2) 24-inch box native oaks • 12" to 18" = Three (3) 24-inch box native oaks • 18" to 24" = Four (4) 24-inch box native oaks • 24" to 30" = Five (5) 24-inch box native oaks • 30" to 36" = Six (6) 24-inch box native oaks • increase in six (6) inch increments Replacement trees shall be planted on the same property from which they were removed unless there is no appropriate place for planting. If an appropriate location for replanting does not exist, mitigation trees may be donated to the City following the replacement schedule above or their monetary value may be paid to the City to the satisfaction of the Director. I. Reimbursement. The City's oak tree consultant or the Director's designee shall review the information submitted with the oak tree permit request and make appropriate recommendations and site inspections. All consultant and/or staff time costs expended in connection with such review, including, but not limited to, review of submitted reports, plans, meetings, site inspections and monitoring shall be billed on an hourly basis and reimbursed by the applicant when the cost of services exceeds the cost covered by the permit fee. Nothing in this code or within the Oak Tree Preservation and Protection Guidelines shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to keep the oak trees upon the property and under their control in a safe, healthy condition. Except as provided in this code, any person who feels a tree located on property possessed, owned or controlled by them is a danger to the safety of themselves, others or structural improvements on -site or off -site shall have an obligation to secure the area around the tree or support the tree, as appropriate to safeguard both persons and improvements from harm. J. Enforcement. 1. Any person who owns and/or cuts, damages, moves or removes any oak tree within the City, unlawfully encroaches into the protected zone of an oak tree or who fails to comply with conditions of approval or pay required fees or does any other act in violation of the Oak Tree Preservation Ordinance or a permit issued pursuant hereto shall be guilty of a misdemeanor. 2. In addition to the penalty described in subsection (K)(1) of this section, the Director may suspend an oak tree permit or building permit if he determines that the permittee or owner of the real property which is the subject of the permit, or one or more of their agents, has violated a condition of approval of an oak tree permit issued pursuant hereto or has violated any provision of this Oak Tree Preservation Ordinance The Page 20 of 26 UDC Update 2008 Exhibit "A" Director's determination to suspend a pen -nit shall be subject to appeal as provided in this code. 3. • In addition to the penalties described in subsections (K)(1) and (2) of this section, any person who violates the Oak Tree Preservation Ordinance is responsible for proper restitution and may be required to replace the oak tree(s) so removed or damaged, by the donation of or by replanting one or more oak trees of reasonable equivalent size and value to the tree(s) damaged or removed. The number, size and location of said equivalent replacement oak tree(s) shall be to the satisfaction of the Director of Community Development. K. Additional Permit. Notwithstanding any action taken pursuant to this code, whenever the Director determines that any person has without a permit conducted activities prohibited by this Oak Tree Preservation Ordinance, the Director may require such person to obtain an oak tree permit pursuant to this code. Chapter 17.18 PARKING STANDARDS 17.18.050 Width, Paving and Slope of Driveways. A. Driveways shall be not less than ten (10) feet wide. Refer to Sections 13.04.250 and 13.16.040 through 13.16.120 of the Municipal Code for additional requirements and restrictions. B. Where this section requires that such access be paved, the pavement shall be not less than ten (10) feet in width throughout, except that a center strip over which the wheels of a vehicle will not pass in normal use need not be paved. C. Unless modified by the Director of Public Works because of topographical or other conditions: 1. No portion of a driveway providing access to parking areas shall exceed a slope of twenty (20) percent. Where there is a change in the slope of driveway providing such access, it must be demonstrated that vehicles will be able to pass over such change in slope without interference with their undercarriages. 2. Changes in slope along the run of a driveway must be at a maximum algebraic grade difference of ten (10) percent per grade break for a minimum of ten (10) feet per grade break. This profile shall be measured along the maximum slope of the driveway. All grade breaks shall be rounded with a five (5) foot long vertical curve. (An exception is driveway approaches per APWA standards). 3. Commercial driveways on major, secondary, collector, and other streets as determined by the Director of Public Works, shall be designed using a modified APWA 110-1, Type C commercial driveway design that will provide a street/drive approach transition with a maximum algebraic grade difference of seven (7) percent. 17.18.130.D. Schedule of Off Street Parking Requirements by Use Type. The following use types shall provide the number of parking spaces indicated below: Commercial Uses. 15. Professional Offices 1 space per 250 square feet. Page 21 of 26 UDC Update 2008 Exhibit "A" a. Call Centers 1 space per 200 square feet. 17.18.140 Modification of Off -Street Parking Requirements. C. Shared Parking. Shared parking shall be allowed with approval of a conditional use pen -nit in commercial and industrial zones for parking adjustments over 20%, and with approval of an adjustment in commercial and industrial zones for parking adjustments 20% and under, pursuant to Section 17.03 of this code. Chapter 17.19 SIGN REGULATIONS (PRIVATE PROPERTY) 17.19.020 Definitions. Sign, "Corporate Flag" shall mean any flag identifying a business or development whether permanent or temporary. A single (1) corporate flag may be flown provided that it is flown in conjunction with, and in similar fashion as, a federal and/or state flag. "Sign area" means the entire surface area, excluding all support structures of a sign. When calculating sign area, sign bands shall be considered a part of the total sign area. 17.19.070 General Location, Height and Area Standards. C. Sign Area 5. Logos, sign bands, and graphics shall be included as part of the calculation of sign area. 1 Page 22 of 26 UDC Update 2008 Exhibit "A" 1 Division 3. Grading 17.21.010 Permits B. Exceptions. Exemption from the permit requirements of this section shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction. Approvals from other agencies may be required. A grading permit shall not be required for the following: 1. An excavation which: a. Is less than three (3) feet in depth, or b. Does not create a cut slope greater than five (5) feet in height and steeper than five (5) horizontal to one (1) vertical (20% slope), or c. Does not exceed fifty (50) cubic yards; 2. A fill not intended to support structures and which does not obstruct a drainage course if such fill: a. Is placed on natural grade that has a slope not steeper than five (5) horizontal to one (1) vertical and is less than one (1) foot deep, or 3. An excavation below finish grade for basements and footings of a building, retaining wall, or other structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five (5) feet after the completion of the structure; 4. Grading within property dedicated or used for cemetery purposes where such grading is more than one hundred (100) feet from the property line and is not intended to support structures. No permit shall be required for the excavation or filling of graves at any location within such property; 6. With prior approval in writing by the City Engineer, grading in an isolated, self- contained area if the City Engineer finds that the grading operations cannot result in danger to private or public property; 10. An excavation or fill for a road or slope purposes and shown on plans that are approved by the Director of Public Works as being necessary for the support, construction or maintenance of a public road; 11. Exploratory excavations under the direction of geotechnical engineers or engineering geologists exclusive of grading associated with accessing the exploratory excavation location; and 12. Grading for an oil and/or gas drilling site which is located in an existing oil field as designated by the State Division of Oil and Gas and is one thousand (1,000) feet from a public highway and five hundred (500) feet from the nearest residence. The proposed grading must not result in the deposition of silt and debris onto downstream property or storm drain facilities. Permits will not be issued for parcels of land with an average slope of ten (10) percent or greater unless the proposed grading complies with the provisions of the Hillside Page 23 of 26 UDC Update 2008 Exhibit "A" Development Ordinance, Chapter 17.80 of this code. (Permits for less than one hundred (100) cubic yards are exempt from this requirement). 17.21.030 Unpermitted Grading. A person shall not use, occupy, or maintain any site containing unpermitted grading. For the purposes of this code, unpermitted grading shall be defined as any grading that was performed at any point in time, without the required permit(s) having first been obtained from the City Engineer. 17.23.010(B) Plans and Specifications. 5. Location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which are within forty (40) feet of the property line; 17.23.010(D) Engineering Geological Reports. The City Engineer may require an engineering geological investigation and report, based on the most recent grading plan. The report is to be less than one year old at the date of application. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic condition on the proposed development. 17.23.020(A) General Conditions. The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the grading plans and specifications approved by the City Engineer. Grading plan approval shall only be valid for one (1) year from the date of approval. 17.23.020(D) Modification of Approved Plans. Any modifications of, or changes in., the approved grading plan must be approved by the City Engineer prior to implementation in the field. Modifications which affect basic tract design or land use must have the approval of the appropriate control agency. 17.27.20 Fills. A. Compaction. Fills shall be compacted throughout their full extent to a minimum relative compaction of ninety (90) percent of maximum dry density within forty (40) feet below finished grade and ninety-three (93) percent of maximum dry density deeper than forty (40) feet below finish grade, unless a lower relative compaction (not less than ninety (90) percent of maximum dry density) is justified by the geotechnical engineer. Fills used to elevate structures in compliance with Chapter 10.06 of this code shall be compacted to ninety-five (95) percent of maximum dry density. The relative compaction shall be determined by A.S.T.M. Soil Compaction Test D1557 where applicable. Where not applicable, a test acceptable to the City Engineer shall be used. Field density shall be determined by a method acceptable to the City Engineer, however, a minimum of ten (10) percent of the required density Page 24 of 26 UDC Update 2008 Exhibit "A" tests shall be obtained by the Sand Cone Method (ASTM D1556). The required ten (10) percent by Sand Cone Method shall be uniformly distributed throughout the depths and limits of the fill. Fill slopes steeper than, or equal to, two (2) horizontal to one (1) vertical shall be constructed by the placement of soil a sufficient distance beyond the proposed finished slope to allow compaction equipment to operate at the outer surface limits of the final slope surface. The excess fill is to be removed prior to completion of rough grading. Other construction procedures may be utilized when it is first shown to the satisfaction of the City Engineer that the angle of slope, construction method and other factors will accomplish the intent of this section. B. Preparation of Ground. Where slopes are steeper than five (5) horizontal to one (1) vertical and the height is greater than five (5) feet, T-the existing ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoils and other unsuitable materials and scarifying to provide a bond with the new fill and, by benching into sound bedrock or other competent material as determined by the geotechnical engineer. The bench under the toe of a fill on a slope steeper than five (5) horizontal to one (1) vertical shall be at least ten (10) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least ten (10) feet wide but the cut shall be made before placing the fill and before acceptance by the geotechnical engineer or engineering geologist or both as a suitable foundation for fill. Daylight lines indicating a transition between fill and natural ground or fill and excavation shall not be allowed within the building area of a graded pad unless approved by the City Engineer based on special circumstances or site conditions. Except where recommended by the geotechnical engineer or engineering geologist as not being necessary, subdrains shall be provided under all fills placed in natural drainage courses and in other locations where seepage is evident. Such subdrainage systems shall be of a material and design approved by the geotechnical engineer and acceptable to the City Engineer. The permittee shall provide continuous inspection during the process of subdrain installation to verify compliance with the approved plans and the geotechnical engineer's recommendation. Such inspection shall be done by the soil testing agency. The line and elevation of the subdrains shall be shown on a plan by the geotechnical engineer. Excavations for the subdrains shall be inspected by the engineering geologist when such subdrains are included in the recommendations of the engineering geologist. D. Fill Material. Organic material shall not be permitted in fills.. unless substantiated by the geotechnical engineer and accepted by the City Engineer. Except as permitted by the City Engineer, no rock or similar irreducible materials with a maximum dimension greater than twelve (12) inches shall be buried or placed in fills. Stockpiled soil, sand or gravel shall be covered or stabilized to prevent erosion by wind or water. Exception: The City Engineer may permit the placement of larger rock when the geotechnical engineer properly devises a method of placement, and Page 25 of 26 UDC Update 2008 Exhibit "A" continuously inspects its placement and approves the fill stability. The following shall also apply: 1 Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. 2. Rock sizes greater than twelve (12) inches in maximum dimension shall be ten (10) feet or more below grade, measured vertically. 3 Rocks shall be placed so as to assure the filling of all voids with well - graded soil. 4. The reports submitted by the geotechnical engineer shall acknowledge the placement of the oversized material and whether the work was performed in accordance with the engineer's recommendations and the approved plans. 5. The locations of oversized rock dispersal areas shall be shown on the as - built plan. 17.28.010(D) Drainage Terraces Required. The requirements for drainage terraces shall apply to all cut or fill slopes steeper than or equal to three (3) horizontal to one (1) vertical or any slopes with an average slope steeper than or equal to three (3) horizontal to one (1) vertical. For slopes not steeper than three (3) horizontal to one vertical (1), the City Engineer may require a drainage and terrace design to be submitted. Suitable access to allow proper cleaning and maintenance shall be provided for all drainage terraces. Cut or fill slopes more than thirty (30) feet in height shall have drainage terraces provided at vertical intervals not exceeding twenty- five (25) feet except where only one terrace is required. In such case the terrace shall be located at mid -height. Terrace drains shall be required for slopes less than thirty (30) feet in height, at the discretion of the City Engineer. Such terraces shall be not less than eight (8) feet in width (measured horizontally from the outside edge). When the total slope height exceeds one hundred (100) feet, one terrace near mid -height shall be not less than twenty (20) feet in width (measured horizontally from the outside edge). In lieu of the above, for cut and fill slopes greater than one hundred twenty (120) feet in height, the applicant may submit a drainage and terrace design by a civil engineer to be approved by the City Engineer. 17.29.010(E) Noninspected Grading. No person shall use or maintain any noninspected graded property. For the purposes of this code, noninspected grading shall be defined as any grading for which a grading pen -nit was first obtained, but which has progressed beyond any point requiring inspection and approval by the City Engineer without such inspection and approval having been obtained. Page 26 of 26 UDC Update 2008 Exhibit "A"