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HomeMy WebLinkAbout2007-01-23 - ORDINANCES - UDC AMEND MC 06 219 UDC 06 002 (3)ORDINANCE NO. 07-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTERS 16 AND 17 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING THE ANNUAL AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE 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 modifications and enhancements to the LTDC as directed by the City Council, and has initiated a Unified Development Code Amendment 06-002 (Master Case 06-219) to modify various sections of Title 16 and Title 17 of the City of Santa Clarita Municipal Code; WHEREAS, Unified Development Code Amendment 06-002 includes various modifications to the UDC. Proposed modifications/amendments are attached as Exhibit A; 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 healing on October 17, 2006 at City Hall, 23920 Valencia Boulevard, Santa Clarita, Ca 91355. At this meeting, the Planning Commission adopted Resolution P06-21, recommending that the City Council approve Master Case 06-219, Unified Development Code Amendment 06-002; WHEREAS, a Negative Declaration adopted by City Council resolution on January 9, 2007, for the Unified Development Code Amendment 06-002 was found to be complete and in compliance with the provisions of CEQA and the City's Environmental Guidelines; and WHEREAS, the City Council of the City of Santa Clarita conducted a duly noticed public healing on January 9, 2007, at City Hall, 23920 Valencia Boulevard, Santa Clarita, Ca 91355. At this meeting, the City Council received a staff presentation and public testimony on 'he proposed modifications, introduced the ordinance by the City Council to modify the Unified Development Code and passed the ordinance to a second reading on January 23, 2007. As part of the staff presentation, four additional modifications were introduced. These include: (1) clarification regarding the City's right to re -condition or revoke conditional and minor use permits; (2) setting a maximum height for architectural elements; (3) clarification of allowable uses and structures within the front and side yard setback areas; and (4) application of sound proofing measures for wireless telecommunications facilities in residential zones. These modifications have been included in Exhibit A. 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 and meet the requirements of the Government Code of the State of California. SECTION 2. The proposed amendments to the Santa Clarita Unified Development Code identified in Exhibit A are hereby adopted. SECTION 3. 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 4. This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 5. That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 23rd day of January, 2007. ATTEST: &A CITY CLERK 2 MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA 1, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 07-1 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of January, 2007. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the 23rd day of January, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Ferry, Weste, Kellar, Boydston, McLean NOES: COUNCII-MEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA CERTIFICATION OF CITY COUNCIL ORDINANCE 1, 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. 07-1, adopted by the City Council of the City of Santa Clarita, CA on January 23, 2007, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this — day of ,2007. Sharon L. Dawson, CMC City Clerk M Susan Coffman Deputy City Clerk 2006 Unified Development Code Amendments TITLE 16 SUBDIVISIONS Chapter 16.20 COVENANTS OF EASEMENT 16.20.020 Procedures. Exhibit A Whenever the Planning Commission or City Council determines, independently or based upon the recommendation of City staff, that a covenant of easement is needed for one or more of the purposes identified in Section 16.20.010, the approval, permit, or designation shall not become effective unless or until said covenant of easement is recorded. A. Whenever a covenant of easement is required herein, the covenant shall either: 1. Be in a form and manner approved by the City Attorney based upon the advice of the City Engineer and Director of Community Development, executable by the City Engineer on behalf of the City; or 2. Be prepared by the City Attorney, executable by the City Engineer on behalf of the City. Whenever the City Attorney prepares a covenant of easement, the City shall be entitled to reimbursement from the applicant for the costs associated therewith. (Ord. 05-19 § 2, 12/13/05) 16.29.070 City Engineer Action. D. The City Engineer shall approve all final maps which include only irrevocable offers of dedication or less. The City Council shall approve all other final maps. Both the City Engineer and City Council shall act upon final maps within the time period prescribed by the Subdivision Map Act (Sections 66442(b) and 66458 for final maps, and Sections 66450(c) and 66463(c) for parcel maps). I . For any final maps subject to City Engineer approval, the City Engineer shall: a. Notify the City Council at its next regular meeting that the City Engineer is reviewing the map for final approval; and b. Approve or disapprove the final map within 10 days of the above meeting. 2. The City Clerk shall include with the agenda for the meeting described in D.La, as well as post with such agenda, notice of the pending review of such final map by the City Engineer, and shall mail copies of such notice to any interested parties who request notice. Page I of 24 UDC Amendments 2006 Exhibit A 3. The City Engineer's action on a final map may be appealed to the City Council, pursuant to section 2.04.100 et. seq. 4. The City Council shall periodically review the designation of approval authority to the City Engineer. 5. Any final map that is approved but not recorded within 24 months of the date of such approval (the "Expiration Date") or by such date as established by the Director of Community Development, shall be null and void and such final map, and any associated tentative map shall be of no further force and effect, unless such tentative map has not expired by the Expiration Date, in which case the tentative map shall still be valid for the remainder of its approved term. TITLE 17 ZONING Chapter 17.01 ADMINISTRATION 17.01.140 Revocation or Modification of a Permit or Other Entitlement for Cause. A permit or entitlement other than a subdivision may be revoked or modified by the approving authority for cause as provided by the provisions of this section. For purposes of this section, the modification of a permit or entitlement may include the modification of the terms of the permit or entitlement itself or the waiver, alteration, or imposition of new conditions. A. Application Where Violation Exists. No application for any permit required pursuant to 17.03 shall be accepted for processing or approved on a parcel of land where a land use and/ or structure is operating or being maintained that is non -conforming, or is in violation of any applicable land use standard as established by the City, or conditions of approval or mitigation measures of a land use permit, except where the application for a permit incorporates measures to correct the violation, and the correction will occur prior to the establishment of any new proposed use or structure. B. Grounds for Revocation or Modification. C. Notification. D. Appeal. Page 2 of 24 UDC Amendments 2006 Exhibit A Chapter 17.03 PERMITS AND APPLICATIONS C. Supplemental Notice Requirement. 1. Additional public notification beyond the required one thousand (1,000) foot radius around a property may be required for a development related project as determined by the Director of Community Development in any one of the following circumstances: b. A hillside development proposal requiring hillside development review for significant ridgelines; or Chapter 17.03 PERMITS AND APPLICATIONS 17.03.030 Tentative Subdivision Maps. 1. Expiration and Extension. 3. Time Extension Limits. One (1) extensions of tentative tract map, tentative parcel map or vesting map approval or conditional approval may be granted by the Director of Community Development for a period of up to one year. The extension of time shall commence from the expiration date of the approved or conditionally approved map. J. Amendments. An amendment to a tentative tract map, tentative parcel map, or vesting map thereof, shall be required when the final map or maps do not substantially comply with the approved tentative tract map, tentative parcel map or vesting maps thereof. Substantial compliance shall mean that all conditions of approval have been met or guaranteed by bond, surety or other City approved instrument to the satisfaction of the Director of Community Development; and that the map depicts final grades within five (5) feet, or to the satisfaction of the Director, of those shown on the approved tentative subdivision or vesting map; and that the design and improvements are sinular or identical in nature or serve the same purpose as the approved map; and that there is no increase in the number of lots proposed over the lots on the approved tentative map. (Ord. 00-3, 2/8/00; Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05) 17.03.040 Conditional Use Permits and Minor Use Permits. K. Reservation of right to review conditional use permit — Changed Circumstances. Any conditional or minor use permit granted or approved under this chapter shall be granted or approved, with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit — including the conditions of approval — based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business, a change in scope, emphasis, size, or nature of the Page 3 of 24 UDC Amendments 2006 Exhibit A business, or the expansion, alteration, reconfiguration, or change of use. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 17.03.070 Lot Line Adjustments. A. Applicability. The provisions of this chapter shall be applicable to the modification of a lot line or lot lines between four (4) or fewer contiguous existing parcels where the land taken from one parcel is added to an adjacent parcel or parcels and where a greater number of parcels than originally existed are not thereby created. In the case of a modification of the lot lines that affect more than four (4) parcels under common ownership within a subdivision even if submitted as separate lot line adjustments, a parcel map or tract map will be required, unless specifically allowed under conditions of approval approved by the Planning Commission and/or City Council. B. Application of a Request for Lot Line Adjustment. Applications and fees shall be submitted pursuant to Section 17.01.090 of this code. C. Referral. Upon receipt of the complete application, copies thereof shall be referred to other appropriate City departments and other public or semi-public agencies affected, together with a written request for a written recommendation and any conditions to conform to the existing zoning and building ordinances or to facilitate the relocation of existing utilities, infrastructure or easements which should be imposed on the approval of the application. The referral from the Development Services Division shall state that any recommendations, comments, or suggested conditions must be returned to the Development Services Division within a reasonable timeframe. D. Compliance with the State of California Subdivision Map Act. Prior to submittal of the Request for Lot Line Adjustment, a recorded "Unconditional Certificate of Compliance" shall be required for each existing parcel not complying with the provisions of the Subdivision Map Act, as determined by the City Engineer. E. Standards for Approval of a Request for Lot Line Adjustment. The Director of Community Development shall approve or conditionally approve an application of a Request for a Lot Line Adjustment without notice or hearing upon a finding that the properties involved meet the following criteria: 1. The existing parcels are contiguous. 2. The existing parcels comply with the provisions of the Subdivision Map Act, as determined by the City Engineer. 3. A greater number of parcels than originally existed will not be created. 4. The adjusted lots or parcels will comply with the goals and policies of the General Plan, provisions of the unified development code and zoning, and any other applicable statutes or regulations. Pre-existing, nonconforming lots or parcels may be merged into a single nonconforming parcel at the discretion of the Director of Community Development. 5. The adjusted configuration of the parcels will be in accord with the established neighborhood lot design patterns and will not violate good planning practices. Page 4 of 24 UDC Amendments 2006 Exhibit A 6. There will be no impairment of any existing access or creation of a need for any new access to any adjacent parcels. 7. There will be no impairment to any existing easements or creation of a need for any new easements serving any adjacent parcels. 8. There will be no need to require substantial alteration to any existing improvements or create the need for any new improvements. 9. There is no adjustment of the boundary between existing parcels for which a covenant of improvement requirements has been recorded and all required improvements stated therein have not been completed unless the City Engineer determines the proposed boundary adjustment will not significantly affect said covenant of improvement requirements. 10. Parcels to be created by the lot line adjustment or merger which contain an average cross slope of ten (10) percent or greater may be required to obtain a hillside review permit, pursuant to Chapter 17.80 of this code, prior to or concurrently with the lot line adjustment. F. Review. The City shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or tract map shall be required as a condition to the approval of a lot line adjustment. G. 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. H. Expiration. An approved or conditionally approved Request for Lot Line Adjustment shall expire within two (2) years of the date of approval if not effectuated as described in this section. 1. Recording Lot Line Adjustments. 1. Issuance of Certificate of Compliance. The approval of the Request for Lot Line Adjustment by the Director of Community Development, the City Engineer, the Planning Commission, or the City Council shall be effectuated by the issuance by the City Engineer of a Certificate of Compliance for Lot Line Adjustment. The property description or descriptions on the certificate shall describe the reconfigured parcel or parcels which will be recognized by the City as legal lots. The certificate shall be void and of no further force in effect unless it is recorded as hereinafter provided within two (2) years of the date of the decision to approve the Request for Lot Line Adjustment. 2. Grant Deed Requirements. Section 66412(d) of the California Subdivision Map Act states: "The lot line adjustment shall be reflected in a deed, which shall be recorded." A Certificate of Compliance for Lot Line Adjustment does not become effective, nor will it be reflected on Assessor's Parcel Maps, until the required Grant Deeds have been recorded. Each Grant Deed shall include a legal description which accurately reflects the legal description and references the recording information for the Certificate of Compliance for Lot Line Adjustment. All deeds exchanging property between the affected parcels or consolidating the affected parcels accompanied by reconveyances or partial reconveyances or other releases of deeds of trust or similar encumbrances on the subject property or amended deeds of trust or similar encumbrances describing the Page 5 of 24 UDC Amendments 2006 Exhibit A reconfigured parcels shall be submitted to the City Engineer for review; provided, however, the City Engineer may cause such recordation through an escrow if such has been opened by the applicant. The applicant, or his/her authorized representative, shall be notified of any corrections requested by the City, and any corrected or new documents shall be promptly submitted to the City Engineer. 3. Recordation of Certificate of Compliance for Lot Line Adjustment. The recordation as hereinabove provided of the Certificate of Compliance for Lot Line Adjustment shall precede the recordation of the required deeds exchanging property between the affected parcels or consolidating the affected parcels. At the direction of the City Engineer, the applicant or his/her authorized representative shall ascertain the recording fee from the County Recorder and insert into the appropriate blank spaces on the Certificate of Compliance for Lot Line Adjustment. The City Engineer shall cause, or may instruct the applicant or his/her authorized representative to cause, the Certificate of Compliance for Lot Line Adjustment to be recorded in the office of the County Recorder for Los Angeles County, California. 4. Recordation of Deeds and Other Documents. At the direction of the City Engineer, the applicant or his/her authorized representative shall ascertain the recording fee from the County Recorder and insert into the appropriate blank spaces on the Grant Deed; which shall then be signed by the owner(s) and notarized. The City Engineer shall cause, or may instruct the applicant or his/her authorized representative to cause, the Grant Deed to be recorded in the office of the County Recorder for Los Angeles County, California; subsequent to recordation of the Certificate of Compliance for Lot Line Adjustment. The Certificate of Compliance for Lot Line Adjustment recording information shall be inserted into the appropriate blank spaces on the Grant Deed, 5. Payment of Recording Fees. The fees for the recording of all documents as established by the Office of the County Recorder of Los Angeles County shall be remitted by the applicant to the City prior to the time of recordation of such documents including the Certificate of Compliance for Lot Line Adjustment. Such remittance shall be made payable to the City of Santa Clarita in the amount required to have all deeds and other documents, including the Certificate, recorded. (Ord. 00-3, 2/8/00; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05) 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. The following temporary uses are permitted 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. 1. Circuses, carnivals, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than five (5) calendar days of operation in any calendar year. Requests exceeding these time limitations shall be considered at the discretion of the Director. A request which exceeds the time limitation requires the submittal of a conditional use permit, except in the case of temporary residences during construction, Page 6 of 24 UDC Amendments 2006 Exhibit A which, requires the submittal of a minor use permit. Approval of such use permit shall be at the discretion of the Director of the Community Development. 2. Christmas tree sales lots, Halloween pumpkin sales, and other holiday sales shall be reviewed per sections 17.13.060 3. and 17.15.030 E. 17.03.120 Hillside Development Review. Hillside Development Review and Ridge -line Alteration Permits shall be subject to the provisions of the Hillside Development Ordinance, section 17.80, 17.03.130 Architectural Review. A. Purpose. The provisions of this section shall be for the redesign, renovation or alteration of existing permitted structures. If a structure is to be rebuilt after being completely destroyed this shall be reviewed under development review. Through architectural review, the Director shall ensure that the proposal complies with all of the provisions of the development code and the General Plan. B. Applicability. In order to safeguard and enhance the appearance and quality of development in the City, architectural review approval shall be required prior to the issuance of any building permit for additions, alterations and redevelopment of single family, multi -family, commercial and industrial buildings at the discretion of the Director. C. Application. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code. D. Review and Evaluation. The Director shall review and evaluate construction plans and other required information submitted in accordance with the following guidelines: I . Scope. The Director shall review and evaluate the development for conformance to City adopted design guidelines standards, policies and practices, and with the architectural review standards and criteria set forth in this section. 2. Modifications Required for Approval of the Development Plan. The Director may specify modifications, changes, and additions to the development plan in the recommendation or requirements for its approval. Recommendations may be required by the Director to eliminate or mitigate significant adverse environmental effects disclosed by any environmental assessment or modifications, or to meet the purposes of this section. 3. Improvements Required for Approval of the Development Plan. The Director shall ensure that all architectural plans provide for on- and off-site improvements required to implement the purposes of the development code, the General Plan, adopted design guidelines and all policies of the City Council. E. Conditions. Architectural reviews may be approved or modified with conditions subject to the performance of such conditions, including the provision of required improvements as the Director shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the development code, General Plan, adopted design guidelines, Planning Commission and City Council policies shall be achieved. Such conditions shall be imposed and enforced as follows: Page 7 of 24 UDC Amendments 2006 Exhibit A 1. Security May Be Required to Ensure Performance. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a development plan, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the development plan. Such security shall be furnished as required by local ordinance. 2. Provision of Required Improvements. Whenever an architectural review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the City pursuant to local ordinance to make such improvements prior to the time or events specified in the architectural review approval. Improvements may include but not be limited to curbs, gutters, landscape medians, sidewalks, street pavement street lights, street trees, and off-site improvements as deemed necessary by the City of Santa Clarita. 3. Violation of Condition, Whenever an architectural review application is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the architectural review approval in violation of or without observance of any such conditions shall constitute a violation of the development code and said architectural review approval may be revoked or modified as provided in Section 17.01.140. F. 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. Chapter 17.07 DEFINITIONS 17.07.010 Definitions. Words, phrases and terms used in this code have the meaning assigned to them by the Director of Community Development. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. The word "shall" is mandatory; the word "may" is permissive. "Accessory use" shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. "Architectural Treatment" shall include any parapet, projection, cornice, screen wall, etc... that is used to provide articulation when breaking up building massing. Signs shall not be considered an architectural treatment and must be designed in accordance with this code. "Basement" shall be defined as a story whether partly or completely underground. When calculating the number of stories of a structure, a basement shall be counted when greater than one half of any given side is above grade. When calculating height of a structure, measurement Page 8 of 24 UDC Amendments 2006 Exhibit A shall be taken from the lowest point of the building to the highest and shall always include any exposed portion of a basement. "Carport" shall mean any structure or portion of a building or structure open on three sides, other than an attached or detached garage, used to shelter vehicles, in addition to, and not a replacement for, a garage. "Crawl Space" shall mean the space between bare soil and the underside of the first floor or basement of a structure. Crawl spaces shall not exceed a height of four (4) feet. In cases where the height exceeds four (4) feet, the area shall be considered a basement. "Enclosed Patio" shall include any improvement or addition which encloses an existing open air structure with the intention of expanding the floor area of the residence. "Floor area (gross)" shall mean the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls excluding exterior balconies and porches. Floor area shall not include interior parking spaces, loading spaces for motor vehicles, any space where the floor to ceiling height is less than six (6) feet, vertical shafts and attics and mechanical penthouses provided there are no usable rooms, no windows and the mechanical penthouse area is used exclusively for mechanical equipment. Floor area shall include any area used for storage and, for auto repair uses, any work area or related facility, where vehicles are serviced and repaired. "Garage" shall mean a detached accessory building or a portion of a main building on the same lot for the parking and temporary storage of vehicles. Garages shall have twenty (20) feet by twenty (20) feet of interior space unobstructed by appliances, including, but not limited to, refrigerators, freezers, washers, dryers and water heaters. "Holiday Sales" shall mean the temporary use of outdoor areas for the purpose of selling seasonal products such as Christmas Trees and Pumpkins. "Indoor play facility" — includes recreational activity area(s) for children conducted within an enclosed building operated as a business and open to the public for a fee and includes gymnasium style play space with soft playground equipment (bounce gyms, inflatable slides, ect...) and/ or combination modular play systems for sports and activities, participatory games, climbing walls, tunnels, slides, etc... Birthday pat -ties, promotional and/ or special events shall be considered as an accessory use to the indoor entertainment play facility. "Kitchen" shall mean any habitable space which includes a refrigerator and an oven or a range "Legal non -conforming structure" shall mean a structure or building the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this Code but that fails by reason of such adoption, revision, or amendment to conform to present requirements of the zoning district. Page 9 of 24 UDC Amendments 2006 Exhibit A "Legal non -conforming use" shall mean a use or activity that was lawful prior to the adoption, revision, or amendment of this Code but that fails by reason of such adoption, revision, or amendment to conform to present requirements of the zoning district. "Mural" shall mean any graphic image, drawing or painting or pattern covering in total or part of a building wall, window or other architectural feature whose purpose is primarily intended as art. Murals shall not contain name brands, branding or direct advertising unless directly related to an historic or cultural use which the mural is intended to memorialize. Murals are encouraged to promote recognition of cultural and historic events and activities. "Non -conforming structure or building" shall mean a structure or building the size, dimensions, or location of which violates the provisions of this development code and for which a permit for its construction was not obtained. See also "Legal non conforming structure" "Non -conforming use" shall mean a use or activity which violates the provisions of this development code and for which a permit was not obtained. See also "Legal non conforming structure" "Predominant" shall mean the most frequently occurring residential setback or design characteristic along both sides of the road frontage from intersection to intersection (or block face). "Satellite dish antennas" shall mean any system of wires, cables, amplifiers, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, whether system is internal to or attached to the exterior of any building. "Solar Energy System", shall mean (1) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating, (2) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. "Story" shall mean any portion of a building considered habitable or un -inhabitable which is included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. Crawlspaces are not considered to be a story. 'Sunroom" shall be considered an enclosed patio. "Telephone communication services" shall mean "communication services" as defined in Sections 4251 and 4252 of the Internal Revenue Code and the regulations there under, and shall include any telephonic quality communication that is interconnected to a public switched network, and shall include, without limitation, for the purpose of transmitting messages or information (including, but not limited to, voice, telegraph, teletypewriter, data, facsimile, video Page 10 of 24 UDC Amendments 2006 Exhibit A or text) by electronic, radio or similar means through "interconnected service" with the "public switched network," as these terms are commonly used in the Federal Communications Act, 47 U.S.C.A. Section 332(d), and the regulations of the Federal Communications Commission, whether such transmission occurs by wire, cable, fiber-optic, light wave, laser, microwave, radio wave, including, but not limited to, cellular service, commercial mobile service, personal communications service (PCS), specialized mobile radio (SMR), and other types of personal wireless service telecommunications (see 47 U.S.C.A. Section 332(c)(8)(C)(i)) regardless of radio spectrum used, switching facilities, satellite or any other similar facilities. "Wireless Communications Facilities" shall mean the site, support structures, antennae, accessory equipment structures, and appurtenances used to transmit, receive, distribute, provide or offer wireless telecommunications services. Wireless communications facilities include, but are not limited to, antennae, poles, towers, cables, wines, conduits, ducts, pedestals, vaults, buildings, electronic, and switching equipment. "Wireless Communications Support Structures" shall mean any structure erected to support telephone communications services. Wireless communications support structures may include, but are not limited to lattice tower, monopoles, and guyed towers. "Wireless Communications Systems" shall mean the sending and receiving of radio frequency transmissions and the connection and/or relaying of these signals to land lines and other sending and receiving stations (cell sites), and including, but not limited to cellular radiotelephone, personal communications services (PCS), enhanced/specialized mobile radio (ESMR), commercial paging services, wi-fi and any other technology which provides similar services, Chapter 17.12 USE TYPE CLASSIFICATIONS 17.12.050 Commercial Use Type Classifications. 16. Recreation, Commercial—includes establishments primarily engaged in the provision of entertainment or recreation for participants or spectators. The following are commercial recreation use types: d. Indoor Sports and Recreation—includes predominantly participant sports and health activities conducted within an enclosed building. Typical uses include billiard halls, bowling alleys, health and/or fitness clubs, ice/roller skating rinks, indoor racquetball courts, paintball facilities and shooting ranges and indoor entertainment play facilities. 20. Schools, Specialized—includes schools of specialized education and instruction, but does not include public and private elementary and secondary schools and colleges and universities. The following are specialized school uses: Page I I of 24 UDC Amendments 2006 Exhibit A b. Instructional School s—includes specialized non -degree granting schools that provide instructional classes in areas including, but not limited to, music, martial arts, dance, gymnastics, language, weight management and tutoring. Includes facilities that focus on the physical and mental development of early childhood through the use of exercise equipment, toys, music and other age appropriate stimuli. This use type does not include health clubs or similar uses where initial instruction is given and then members/participants are free to participate and/or utilize the facility's equipment outside of an instructional class. 23. Vehicle Sales and Services—includes establishments primarily engaged in the sale, rental, and service of automobiles, boats, heavy equipment, recreational vehicles and large trucks. This includes retail, wholesale and used vehicle operations. 17.12.090 Temporary Use Type Classifications. 3. Holiday Sales – includes any temporary event intended primarily for the sales and celebration of an event or holiday. Such uses include, but are not limited to, Christmas tree sales lots, Halloween pumpkin sales, and other holiday sales. 17.12.100 Accessory Structures and Uses Use Type Classifications. 5. Accessory Use of Publicly Owned Facilities – includes any use of a publicly owned or operated building which does not substantially alter the facility's use. Chapter 17.13 PERMITTED USE CHARTS Page 12 of 24 UDC Amendments 2006 Exhibit A x X x u u u u u u x X X k x X x X X x x X x X bl) Cno cn u cn m r U zi m 0 V) 0 Go x x x bl) tQ C/) cd CQ CA r- " �a 0— cl Notes: 25. Holiday Sales are permitted contingent on compliance with all City standards and policies including all development standards given in 17.15.030 E. Chapter 17.15 PROPERTY DEVELOPMENT STANDARDS 17.15.010 Development Standards Chart: Agricultural and Residential Zones. Development review is required prior to the construction of any building or structure. The following property development standards shall apply to all land and buildings permitted in A and R zones. Any legal lot may be used as a building site if all development standards are met (excluding those relating to lot size and configuration). The following requirements are in feet and are minimums, unless otherwise stated. A. GENERAL REQUIREMENTS A RE 5. Side yard setback/each side" 5/5 5/5 7. Rear yard setback8 15 15 Notes: RVL RL RS RM RMH RH 5/5 5/5 5/5 5/5 5/5 5/5 15 15 15 15 15 15 8. Structures on flag lots shall be set back 10 feet from all property lines. 17.15.020 Property Development Standards: A$!ricultural and Residential Zones A. Setbacks. 1. Maintenance and Upkeep. The required front and street side yards shall be landscaped. All required landscaping shall be permanently maintained in a healthy and thriving condition free of weeds, trash and debris. Landscaping shall mean trees, shrubs, flowers, grasses and other plants. Driveways and walkways shall be permitted within the required front yard setback at the discretion of the Director. 2. Residential lots shall be kept free of vehicles. With the exception of the driveway, a person shall not keep, store, park, maintain or otherwise allow any vehicle or any vehicle part in the following: a. required front yard; and b. Any additional area of a residential lot that is not predominantly screened from a public or private street by solid fencing, walls or vegetation. This shall not apply to residential lots that are over a gross quarter acre (ten thousand eight hundred ninety Page 15 of 24 UDC Amendments 2006 Exhibit A (10,890) square feet) or in the Special Standards Districts of Placerita and Sand Canyon. 6. Accessory Buildings and Structures. b. Such buildings and structures, including patio covers, free-standing shade awnings, sheds, pergolas, garages and other attached, semi -attached and out -buildings shall be consistent and compatible with the primary dwelling unit in terms of architecture, finish materials, and color. C. Such buildings and structures may be located within a required rear yard; provided, that they are not closer than five (5) feet to any lot line. d. Not more than fifty (50) percent of the required rear yard shall be covered by buildings or other roofed structures. e. Patios, 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 yard provided: (1) That such structures shall not be located closer than five (5) feet to any lot line; (2) That such structures shall remain unenclosed on at least two (2) sides. This provision, however, shall not preclude the placement of detachable screens. f. Mobile or portable canopies are not permitted in the front -yard or side -yard setback areas, whether proposed to be located on a driveway or otherwise. g. Covered Patios which are enclosed on more than two sides with any material including detachable screens, glass or plexi -glass panels shall be considered an enclosed patio and, at the discretion of the Director, shall meet all UDC requirements for new construction. Proposals may be subject to conditions of approval. Consideration shall be given to whether the proposed structure will be visible from the street or from adjacent and neighboring lots. At the discretion of the Director, compatibility with existing structures shall be maintained including roof style, finishes, colors, trims and architectural themes. h. Metal buildings (accessory) over two hundred (200) square feet shall require the submittal and approval of a minor use permit. The use of metal storage containers is prohibited in residential zones unless they meet the design standards of this code. The temporary use of metal storage containers shall be permitted upon the issuance of a building permit subject to the Director of Community Development per Section 17.03.080 of this code. i. Other structures shall be permitted in required yards as follows: j. Guesthouses. A guesthouse is a detached accessory building located on the same (1) Submittal Requirements. All materials deemed necessary by the Director to adequately determine that the guesthouse complies with this section. (2) Locations. A guesthouse may be permitted only on parcels that meet the following criteria: (A) The parcel shall be zoned Agricultural (A) or any of the residential zones (RE, RVL, RL, RS, RM, RMH, RH). (B) The parcel shall contain a legal single-family dwelling as the primary use (primary dwelling unit). Page 16 of 24 UDC Amendments 2006 Exhibit A (C) Only one guesthouse shall be permitted per parcel unless an approved minor use permit is obtained. (3) Development Standards. A guesthouse shall be subject to all the development requirements of the zone in which it is located, with the exception of the following: (A) Guesthouses shall be detached from the primary dwelling unit. (B) The guesthouse shall meet the setbacks applicable to accessory structures. (C) The guesthouse, or the structure that contains the guesthouse, shall not exceed the height (floor to peak) of the primary dwelling unit. (D)The architecture, construction materials and color of the guesthouse shall be consistent and compatible with that of the primary dwelling unit. (4) Services. All services, including water, electric, and sewer shall be provided from the primary dwelling. Separate, independent services for the guesthouse shall not be allowed. (5) Other. Guesthouses are for temporary occupancy and may not be rented or otherwise used as a separate dwelling. C. Walls and Fences. 4. Prohibited Materials. Fiberglass sheeting, bamboo sheeting, barbed wire, razor ribbon or other similar temporary material shall not be permitted as a fencing material. Chain link fencing shall not be permitted unless otherwise approved by the Director of Community Development. 6. Retaining walls proposed on land with an average slope of less than ten (10) percent shall be subject to the following provisions. Retaining walls proposed on land with an average slope of ten (10) percent or greater shall be subject to the Hillside Development Ordinance. a. Where a retaining wall protects a cut below the natural grade and is located within a required yard, such retaining wall may be topped by a fence or wall. The fence or wall may be the same height that would otherwise be permitted at that location if no retaining wall existed provided that the subject property is on the lower side. In all other locations, the maximum height of the retaining wall and fence or screening wall combined shall not exceed the maximum heights established in this code or at the discretion of the Director of Community Development. E. Lot Configuration/Coverage. 1. Flag Lots. The flag portion of a flag lot, if permitted, shall not be counted toward the minimum lot area requirement. Flag strips shall have a minimum width of twenty (20) feet except where they form a common driveway with other such access strips. Maximum singular or shared driveways do not need to exceed the roadway width for fire truck access as established by the Los Angeles Fire Department. Flag lots shall maintain ten (10) foot front, side and rear yard setbacks. Page 17 of 24 UDC Amendments 2006 Exhibit A N. Second Units. 3. Development Standards. A second unit shall be subject to all the development requirements of the zone in which it is located, with the exception of the following: i. Landscaping. If the second unit is located along a street frontage, one (1) 24 inch box tree shall be planted in the front or comer yard setback of the unit. If the new unit is located off of a street frontage, this requirement shall be waived at the discretion of the Director. 17.15.030 Development Standards Chart: C and I Zones. Notes: 5. Buildings and structures exceeding thirty-five (35) feet in height shall require approval of a conditional use permit. At the discretion of the Director, architectural treatments may exceed 35 feet in height without a conditional use permit provided that (1) the addition does not exceed ten (10) feet in height, (for a maximum height of 45 feet); (2) that the allowance would be compatible with the architectural design; and (3) that the allowance would provide additional articulation that could otherwise not be achieved within 35 feet. 17.15.040 Property Development Standards: C and I Zones. A. Setbacks 2. Maintenance and Upkeep. All required landscaping shall be permanently maintained in a healthy and thriving condition free from weeds, trash and debris. All plant material shall be irrigated by automatic sprinklers or drip irrigation systems. Patios, seating areas, parking and circulation spaces can be included in the setback areas to help buffer adjoining parcels from one another. However, parking areas shall not be permitted within the required front setback. C. Parking and Circulation. 6. Trash enclosure location and access shall be designed to the satisfaction of the Director. Such access shall be conveniently located and cause a minimum number of parking spaces to be blocked while a refuse truck is present. The number of trash and recycling containers required shall be determined by the City. Page 18 of 24 UDC Amendments 2006 Exhibit A Chapter 17.16 SPECIAL ZONES AND STANDARDS 17.16.030 SP — Specific Plan Zone C. 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. Chapter 17.17 SPECIAL USES AND STANDARDS 17.17.040 Specific Development Requirements. A. Purpose. The purpose of this section is to detail specific development requirements for certain uses within the City which have characteristics and performance requirements which are not covered by the property development requirements of the zones. These standards are in addition to the property development requirements of this chapter. 1. Satellite Dish Antennas and Solar Panels. 1 . Satellite Dish Antennas shall conform to the following requirements: a. The height of dish antennas shall be measured from the highest point of the finished grade adjacent to the structure if ground -mounted or from the point of mounting if roof -mounted. b. All dish antennas shall be treated as accessory structures and shall meet the height and setback requirements of the respective zone. c. Architectural review shall be required for all dish antennas in excess of six (6) feet in diameter and/or height. d. In commercial, industrial and business zones dish antennas may be roof -mounted or ground -mounted. In either case, all dish antennas located within these zones, regardless of height or diameter shall be screened from 1) On-site parking areas, 2) Adjacent public streets and 3) Adjacent residentially zoned property. Roof -mounted dish antennas shall be screened architecturally, while ground -mounted dish antennas shall be screened architecturally or with landscaping. 2. Solar Energy Systems shall conform to the following requirements: a. Regulation and permitting of Solar Energy Systems is non -discretionary and not subject to review based on aesthetic considerations. Page 19 of 24 UDC Amendments 2006 Exhibit A b. Review of the application to install a solar energy system shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. c. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety. d. The City reserves the right to require a use permit if a building official of the city has a good faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety. The type of use permit required is at the discretion of the Director of Community Development. e. The city shall not deny an application for a use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, meaning a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. f. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. g. The decision of the building official pursuant to requirement of a Use Pen -nit or the denial of a use permit may be appealed to the Planning Commission. h. Any conditions imposed on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible. i. A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. j. A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized certification agency. SRCC is a nonprofit third party supported by the United States Department of Energy. The certification shall be for the entire solar energy system and installation. k. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. M. Vehicle, Wholesale and Used Dealerships. All wholesale and used vehicle dealerships shall be constructed and operated in conformance with the following: 1. Dealerships without display areas: That the site be used for office purposes only. That all signage meet the provisions of this title and be approved by the city. Page 20 of 24 UDC Amendments 2006 Exhibit A 2. Dealerships with display areas: That all signage meet the provisions of this title and be approved by the city. That the auto display area be separated from customer parking. That the required parking, as set forth in this title, be met without including the display area. N. Wireless Communications Facilities. 3. Development Standards. All wireless communication facilities which are installed, erected, or modified following the effective date of the ordinance codified in this section (besides those exempted in subsection (M)(2) of this section) shall conform to the following requirements: g. All accessory equipment associated with the operation of the public wireless communication facility shall be located within a building, enclosure or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located. If the equipment is to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view. Within residential zones, sound proofing measures shall be used to reduce noise caused by the operation of wireless facilities and all accessory equipment to a level which would have a no -net increase in ambient noise level. q. Public wireless communication facilities should conform to the following development guidelines unless the City determines, in its discretion, that sufficient justification exists to the contrary: (6) No antenna or facility should be located within five hundred (500) feet from a lot containing a residential structure or a lot zoned for residential use unless a conditional use permit is approved; (IO)AII new wireless communication facilities shall be designed to accommodate co - location, when feasible; (A) Co -location shall occur in a competitively neutral and non-discriminatory manner. (B) No more than three wireless communication facilities may co -locate at a single site unless the Director finds: (i) The net visual effect of locating an additional facility at a co -location site will be less than establishing a new location; or (ii) Based on evidence submitted by the applicant, there is no available feasible alternate location for a proposed new facility. 0. Lock Boxes. P. Gating of Roadways. Q. Long -Term Vendors. R. Holiday Sales. Page 21 of 24 UDC Amendments 2006 Exhibit A 1. Holiday sales operations, as defined in section 17.07, shall comply with all provisions of this unified development code as well as the following: 2. Hours of operation shall be limited to 8:00 am to 10:00 pm, unless modified by the Director. 3. Operators shall obtain all applicable permits. This includes, but is not limited to all City departments such as Building and Safety; and all other governing agencies such as Los Angeles County Fire, Health and Safety and Business Licensing Departments, 4. Operation shall comply with the City's Noise Ordinance, 5. Operator shall remove all debris within fifteen (15) days after the end of the holiday, 6. All waste shall be disposed of in a City approved manner, 7. No permanent signage shall be approved, constructed or installed, 8. All temporary lighting shall be directed downwards and away from neighboring properties, 9. No permanent structures shall be erected as part of a holiday sales operation. Chapter 17.18 PARKING STANDARDS 17.18.030 Permanent Maintenance Required. Parking facilities required by this section shall be conveniently accessible and permanently maintained to remain clear and legible to the satisfaction of the Director of Community Development unless the use, for which the parking was required, ceases to exist. If a required garage or parking structure is destroyed, it shall be reconstructed within one (1) year. (Ord. 00-3, 2/8/00; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05) 17.18.070 Specifications for Development of Parkin2 Facilities. All land used for parking, other than a lot or parcel of land having a gross area of one acre or more per dwelling unit used, designed or intended to be used for residential purposes, shall be developed and used as follows: H. Design. 1. Parking spaces shall have the following minimum dimensions: b. For single-family and two-family residential uses, each parking space shall be fully enclosed and have minimum dimensions of ten (10) feet by twenty (20) feet. Parking spaces shall be designed to remain free and clear of all obstructions, including, but not limited to, washer/dryer units, water heaters, etc. All required garages shall maintain a minimum opening of nine (9) feet in width by (8) feet in height for each parking stall or 15 feet in width by eight (8) feet in height for double stalls. Page 22 of 24 UDC Amendments 2006 Exhibit A 17.18.130 Schedule of Off -Street Parking Requirements. Commercial Uses Unless otherwise noted, all required parking spaces shall be designed in accordance with Section 17.18.070. Except as otherwise provided in this section, every lot or parcel of land which is used for a use permitted in any nonresidential zone, except an electrical substation or similar utility in which there are no offices or other places visited by the public, shall provide one parking space and adequate access thereto for each 250 square feet of floor area or any building or structure so used. 10. Hooka E I space per 250 square feet. 11. Lodging 12. Medical Services 13. Nightclubs 14. Personal Services 15. Professional Offices 16. Recreation, Commercial d. Indoor Sports and Recreation Chapter 17.1 SIGN REGULATIONS (PRIVATE PROPERTY)* 17.19.230 Temporary Freestandinjz Signs. D. Location. Signs may be placed in the front yard or side yard of any property; provided, that the signs do not encroach into any public right-of-way. Unless other wise authorized in Section 17.19, temporary signs shall not extend over or into any public right-of-way, street, alley , sidewalk or other public thoroughfare. Chapter 17.28 DRAINAGE AND TERRACING Page 23 of 24 1JDC Amendments 2006 Exhibit A pace per 200 square feet of recreationnil —activity area; plus I 'v' ce per 250 square feet of office floor area; plus required )r s r king for additional uses on site. Chapter 17.1 SIGN REGULATIONS (PRIVATE PROPERTY)* 17.19.230 Temporary Freestandinjz Signs. D. Location. Signs may be placed in the front yard or side yard of any property; provided, that the signs do not encroach into any public right-of-way. Unless other wise authorized in Section 17.19, temporary signs shall not extend over or into any public right-of-way, street, alley , sidewalk or other public thoroughfare. Chapter 17.28 DRAINAGE AND TERRACING Page 23 of 24 1JDC Amendments 2006 Exhibit A 17.28.010 Drainage Provisions. A 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 vertical. For slopes not steeper than three (3) horizontal to one vertical (3:1), 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 25 feet except where only one terrace is required., In such case the terrace shall be located at mid -height. Ter -race 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 midheight 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 ten -ace design by a civil engineer to be approved by the City Engineer. Page 24 of 24 UDC Amendments 2006 Exhibit A