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HomeMy WebLinkAbout2008-08-26 - AGENDA REPORTS - ADOPT ORDS AMEND MUNICODE (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: August 26, 2008 S SECOND READING AND ADOPTION OF ORDINANCES AMENDING THE MUNICIPAL CODE INCLUDING ADDITIONAL REGULATIONS FOR THE HEALTH AND SAFETY CODE (TITLE 9) PERTAINING TO THE PROHIBITION OF FIREWORKS AND THE INSTALLATION OF EMERGENCY KEY ACCESS SYSTEMS FOR MULTI -UNIT DEVELOPMENTS CITYWIDE, UPDATES TO THE CITY'S ENVIRONMENTAL PROTECTION REGULATIONS PERTAINING TO FLOODPLAIN MANAGEMENT (TITLE 10), MODIFYING DEVELOPMENT STANDARDS UNDER THE HIGHWAY CODE (TITLE 13), AND UNIFIED DEVELOPMENT CODE AMENDMENTS PERTAINING TO SUBDIVISIONS AND ZONING (TITLE 16 AND 17) Community Development RECOMMENDED ACTION City Council conduct second reading and adopt ordinances entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, (1) "ADOPTING CHAPTER 9.60 OF TITLE 9 (HEALTH AND SAFETY) OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING THE PROHIBITION OF FIREWORKS"; (2) "ADOPTING CHAPTER 9.70 OF TITLE 9 (HEALTH AND SAFETY) OF THE SANTA CLARITA MUNICIPAL CODE REQUIRING STRUCTURES AND MULTI -UNIT SECURED COMMUNITIES TO HAVE AN EMERGENCY KEY SYSTEM INSTALLED ON THE PREMISES FOR FIRE SAFETY AND EMERGENCY PURPOSES"; (3) "AMENDING CHAPTER 10 (ENVIRONMENTAL PROTECTION) OF THE SANTA CLARITA MUNICIPAL CODE UPDATING THE FLOODPLAIN MANAGEMENT ORDINANCE AS A FLOOD DAMAGE PREVENTION MEASURE AND ADOPTING A NEGATIVE DECLARATION"; (4) "AMENDING TITLE 13 (HIGHWAYS) OF THE SANTA CLARITA MUNICIPAL CODE MODIFYING DEVELOPMENT STANDARDS FOR RESIDENTIAL N. 0b _9 Ord; 0&-r(D 0(d, 0-1 I Adopted: fd(-� �- 0(d, ��-�� DRIVE APPROACHES AND CONSTRUCTION ON NEW OR RECENTLY REHABILITATED ROADWAYS"; and (5) "APPROVING MASTER CASE 08-038, UNIFIED DEVELOPMENT CODE AMENDMENT 08-001, AMENDING TITLE 16 (SUBDIVISIONS) AND TITLE 17 (ZONING) OF THE SANTA CLARITA CLARITA MUNICIPAL CODE AND ADOPTING A NEGATIVE DECLARATION". BACKGROUND On June 24, 2008, the City Council opened the public hearing regarding the proposed amendments to the City's Municipal Code. The Council continued the item to the July 8, 2008, meeting. At the July 8th meeting, the City Council conducted the continued public hearing and introduced and passed the proposed ordinances to second reading. The adoption of these ordinances would have an effective date of September 25, 2008. ; ALTERNATIVE ACTIONS Other action as determined by Council. FISCAL IMPACT 1. Title 9 - Fireworks Ordinance: All fines collected by the City or Los Angeles County Sheriff Department as penalties for violating this ordinance will be placed in the General Fund to cover the cost of enforcement. 2. Title 9 - Emergency Key Access System Ordinance: All minimal costs for purchase, installation and maintenance of the Emergency Key System shall be carried out by the responsible party as defined in the ordinance (i.e. person charged with the responsibility for occupancy, building, business owner, or Homeowners' Association Board of Directors). 3. Title 10 - Floodplain Management Ordinance: No fiscal impact is anticipated as a result of the proposed modifications to the Floodplain Management Ordinance. 4. Title 13 - Highway Code Ordinance: No fiscal impact is anticipated as a result of the proposed modifications to the Highway Code. 5. Title 16 and 17 - Unified Development Code Ordinance: No fiscal impact is anticipated as a result of the proposed modifications to the Unified Development Code. ATTACHMENTS Ordinance - Fireworks Ordinance Ordinance - Emergency Key Access System Ordinance Ordinance - Floodplain Management Ordinance Floodplain Management Ordinance - Exhibit "A" Floodplain Management Ordinance - Negative Declaration Ordinance - Highway Code Ordinance Ordinance - Unified Development Code Ordinance Unified Development Code Ordinance - Exhibit A Unified Development Code - Negative Declaration ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA ADOPTING CHAPTER 9.60 OF TITLE 9 (HEALTH AND SAFETY) OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING THE PROHIBITION OF FIREWORKS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The City Council finds that: (a) The Bureau of Alcohol, Tobacco, Firearms and Explosives has discovered that the improper use of illegal fireworks has led to the injury of several individuals, including children. (b) The California State Fire Marshal declares that the use of illegal fireworks has resulted in a number of fire incidents leading to a large dollar -amount in property loss. The use of fireworks poses a threat to public safety and welfare along with a significant diversion of Los Angeles County Sheriff's Department and Los Angeles County Fire Department resources from protecting the community. (d) Much of the terrain within the City is particularly susceptible to fire danger at certain times of the year. (e) For all of these reasons, the provisions of this chapter are essential to protect the public health, safety and welfare. (Ord. 94-8,6/14/94) SECTION 2. ADOPTION OF CHAPTER 9.60. Chapter 9.60 of Title 9 of the City of Santa Clarita Municipal Code is adopted to read as follows: "CHAPTER 9.60 PROHIBITION OF FIREWORKS Section 9.60.010 Purpose and intent. Section 9.60.020 Definitions. Section 9.60.030 Fireworks within City limits. Section 9.60.040 Exceptions to fireworks within City limits. Section 9.60.050 Penalties. Section 9.60.060 Disposition of fines. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN: u Section 9.60.010. Purpose and intent. The purposes of this chapter include protection of the public health, safety, and general welfare and a reduction in the number of fire incidents. Section 9.60.020. Definitions. "Fireworks" means and includes: (c) Any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing visible, thermal, or audible effects by combustion, explosion, deflagration or detonation, whether manufactured, homemade, or improvised. (d) Fireworks classified by the State Fire Marshal as "dangerous fireworks" and as "safe and sane fireworks" pursuant to Health and Safety Code Sections 12505 and 12529, as amended. (e) Any pyrotechnic device for which the State Fire Marshal requires a license to manufacture, sell, transport, or operate. (f) Firecrackers, torpedoes, skyrockets, Roman candles, fountains, cherry bombs, sparklers, chasers, snakes, or other fireworks of like or similar construction and any fireworks containing any explosive or flammable compound or substance. Section 9.60.030. Fireworks within City limits. (a) Except as otherwise provided, it is unlawful for any person to handle, give away, sell, offer for sale, solicit the sale of, manufacture, possess, purchase, use, ignite, explode, fire, or otherwise discharge any "fireworks" within the City of Santa Clarita or to aid or abet any of the above with respect to "fireworks" as defined. (b) Any property owner or person in control of property who allows a person to sell, use, discharge, or posses fireworks, or provide fireworks to a minor, on the property owned by such a person or under such person's control shall be in violation of this ordinance, regardless of such person's intent, knowledge or negligence, such violation being hereby expressly declared a strict liability offense. Section 9.60.040. Exceptions to fireworks within City limits. (a) This prohibition does not apply to the discharge of approved fireworks by a licensed pyrotechnician at an event sponsored or approved by the city. (b) A public display of fireworks provided there is a permit authorizing such possession, use, or discharge issued by the Los Angeles County Fire Department and such person, organization, or company is in possession of a valid pyrotechnic operator's license issued 2 by the Office of the State Fire Marshal and done so in accordance with California Fire Code. (c) The use of fireworks for television, film, theater, or movie production, provided there is a permit authorizing such possession, use, or discharge issued by the Los Angeles County Fire Department and such person, organization, or company is in possession of a valid pyrotechnic operators license issued by the Office of the State Fire Marshal and done so in accordance with California Fire Code. (d) Flares or fuses used for illumination or signal purposes by railroad, Sheriffs, California Highway Patrol or other transportation agencies, or by individuals using such flares or fuses in connection with automobile accidents. (e) The sale or use of blank cartridges for theatrical purposes, athletic events, or military ceremonials. Section 9.60.050. Penalties. (a) Any violation of this provisions of this section which is found to be an infraction shall be punishable by a fine of $500 for the first offense and $1000 for any subsequent offenses. (b) In addition to any and all fines or other punishment for non-compliance with this ordinance, fireworks within the limits of the City of Santa Clarita are subject to confiscation and destruction by the Los Angeles County Sheriff's Department and the Los Angeles County Fire Department. Section 9.60.060. Disposition of fines. All fines collected by the City or Sheriff as penalties for violating this ordinance will be placed in the General Fund to cover the cost of enforcing this ordinance. SECTION 3. SEVERABILITY. If any one or more of the terms, provisions or sections of this Ordinance shall to any extent by judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdictions, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. SECTION 4. NON -EXCLUSIVITY. Nothing in this Ordinance shall limit or preclude the enforcement of other applicable laws. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its enactment in accord with California law. SECTION 6. PUBLISHING. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. 3 PASSED, APPROVED AND ADOPTED this 26th day of August, 2008. MAYOR 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-_, 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: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 08 - and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK El STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 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-_, 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 2008. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA ADOPTING CHAPTER 9.70 OF TITLE 9 (HEALTH AND SAFETY) OF THE SANTA CLARITA MUNICIPAL CODE REQUIRING STRUCTURES AND MULTI -UNIT SECURED COMMUNITIES TO HAVE AN EMERGENCY KEY SYSTEM INSTALLED ON THE PREMISES FOR FIRE SAFETY AND EMERGENCY PURPOSES THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS. The City Council finds that: (a) . The health, safety, and welfare of the Citizens of the City of Santa Clarita are promoted by requiring certain structures and communities to have a key access system installed on the exterior of the structure or gated community to aid the Los Angeles County Fire Department and the Los Angeles County Sheriffs Department - Santa Clarita Valley Station in gaining access to the structure or gated communities when responding to calls for emergency service. (b) The key access system is being adopted nationally and will operate on a master key basis that will expedite entry into a structure or gated community during an emergency. The key access system will eliminate forced entries into structures or gated communities thereby avoiding costly and time-consuming efforts in gaining access to locked structures and gated communities during an emergency. (d) The City of Santa Clarita is authorized to pass this Ordinance pursuant to its police power and its home rule power. (e) For all of these reasons, the provisions of this chapter are essential to protect the public health, safety and welfare. (Ord. 94-8,6/14/94) SECTION 2. ADOPTION OF CHAPTER 9.70. Chapter 9.70 of Title 9 of the City of Santa Clarita Municipal Code is adopted to read as follows: "CHAPTER 9.70 EMERGENCY KEY ACCESS SYSTEM Section 9.70.010 Purpose and intent. Section 9.70.020 Definitions. Section 9.70.030 Emergency key (e -key) system. Section 9.70.040 New and existing structures and communities. Section 9.70.050 Penalties. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN: Section 9.70.010. Purpose and intent. The purposes of this chapter include protection of the public health, safety, and general welfare by ensuring quick public safety access to properties in times of emergency. Section 9.70.020. Definitions. (c) "Responsible party" means the person(s) charged with the responsibility for occupancy, building, business owner, or Homeowners' Association Board of Directors. (d) "Key access system" means a UL "Listed" box or key panel, size and style approved by the Fire Chief and Chief of Police, that meets the requirements and uses the same security key code adopted by the Fire Department and Sheriff s Department, respectively. (e) "Security padlock" means a padlock approved by the Fire Chief and Chief of Police that utilizes the approved security key code adopted by the Fire Department and Sheriffs Department respectively. Section 9.70.030. Emergency key (e -key) system. The following structures and communities shall be equipped with a key lock box or key access switch at or near the main entrance or such other location required by the fire chief or Sheriff s Unit Commander that permits access to the location by both the fire and law enforcement personnel: (a) Commercial or industrial structures protected by an automatic alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access during an emergency; (b) Multi -family residential structures that have restricted access through locked doors and have a common corridor for access to the living units; (c) Multi -family gated communities that have restricted access through locked gates and have a common corridor or corridors for access to the residences; (d) Gated communities with single family residential structures, multi -family residential structures, or both single family and multi -family residential structures, with restricted access through locked gates; (e) Governmental structures and nursing care facilities. 2 Section 9.70.040. , New and Existing Structures and Communities. J (a) All newly constructed structures and communities subject to this section shall have the Emergency Key System installed and operational prior to the issueIsance of an occupancy permit. All structures and communities in existence on the effective date for this section and subject to this section shall have one year from the effective date of this section to have an Emergency Key System installed and operational. (b) The Fire Chief and Chief of Police shall designate the type of key lock system(s) to be implemented within the City and shall have the authority to require all applicable structures and multi -family communities to use the designated system. (c) The Emergency Key Systems are designated as two separate key systems that provide for both fire and law enforcement access and require the installation of two separate lock boxes or keyed access panels at the location to provide emergency access. (d) The Responsible Party of a structure or community required to have the Emergency Key System shall, at all times, keep a key i'n the lock box that will allow for access the structure or community. (e) Governmental structures and multi -family gated communities that have restricted access through locked gates which use a padlock device for securing any date or entrance may opt to use the approved security padlock device or install a Key Access System as listed in Section 9.70.030. (f) All costs for the purchase, installation and maintenance of the Emergency Key System shall be carried by the Responsible Party. (g) The Fire Chief and Chief of Police shall be authorized to implement rules and regulations for the use of the Emergency Key System. Section 9.70.050. Penalties. (a) Any Responsible Party, who owns, manages or operates a structure or community subject to this section, in violation any of the provisions of this chapter shall be deemed guilty of a .misdemeanor, unless a designated public officer or employee issues a citation charging the offense as an infraction. (b) Each day such violation is committed or permitted to continue shall constitute a separate offense. SECTION 3. SEVERABILITY. If any one or more of the terms, provisions or sections of this Ordinance shall to any extent by judged invalid, unenforceable and/or voidable for any reason whatsoever by a court of competent jurisdictions, then each and all of the remaining terms, provisions and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. 3 SECTION 4. NON -EXCLUSIVITY. Nothing in this Ordinance shall limit or preclude the enforcement of other applicable laws. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after its enactment in accord with California law. SECTION 6. PUBLISHING. 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 26th day of August, 2008. MAYOR 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 --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: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 08 - and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 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-, 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 52008. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING CHAPTER 10 (ENVIRONMENTAL PROTECTION) OF THE SANTA CLARITA MUNICIPAL CODE UPDATING THE FLOODPLAIN MANAGEMENT ORDINANCE AS A FLOOD DAMAGE PREVENTION MEASURE AND ADOPTING A NEGATIVE DECLARATION WHEREAS, the 1968 National Flood Insurance Act was passed by Congress creating the National Flood Insurance Program, which was designed to reduce future flood losses through local floodplain management and to provide protection for property owners against potential losses through flood insurance; WHEREAS, as part of the agreement for making flood_ insurance available in the community, the National Insurance Flood Program requires that the City adopt a floodplain management ordinance containing certain minimum requirements intended to reduce future flood losses; WHEREAS, the City Council adopted Ordinance No. 88-19, which requires that all construction within flood -prone areas designated as "A" Zone by the National Flood Insurance Program, comply with Federal Floodplain Management Regulations as defined in Title 44, Code of Federal Regulations, Section 60.3; WHEREAS, the City Council adopted Ordinance No. 88-32, which was prepared by the State and which is consistent with the Federal Regulations adopted in Ordinance No. 88-19 as a measure to regulate development within the floodplain areas of the City; WHEREAS, the City Council adopted Ordinance No. 97-11, which is consistent with the Federal Regulations adopted in Ordinance No. 88-32 and the standards of the State Model Floodplain Ordinance based on the Statutory Authorization, Findings of Fact and Purpose and Methods; WHEREAS, in December of 2006, the State Department of Water Resources updated the State Model Floodplain Ordinance regulating development within the floodplain areas of the City, and is requesting that the City adopt this ordinance as a replacement of the existing Floodplain Management Ordinance; WHEREAS, the ordinance was revised by City staff and is hereby submitted to Council for adoption as the City Floodplain Management Ordinance; WHEREAS, a Negative Declaration for this ordinance, was prepared, noticed and circulated for public review 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 hearing 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 modifications, introduced the ordinance by the City Council to modify the Municipal 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 Municipal Code are consistent with the City of Santa Clarita General Plan. SECTION 2. The proposed amendments to the Santa Clarita Municipal 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 May 23, 2008, in accordance with CEQA. The public review period was open from May 23, 2008, through June 24, 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 within the Public Works Department and is in the custody of the Director of Public Works 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. 2 L 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. PASSED, APPROVED AND ADOPTED this 26th day of August, 2008. MAYOR 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- , 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: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No.08- and was published in The Signal newspaper in accordance with State Law (G.C. 40806). 0 0 CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 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- , 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 , 2008. Sharon L. Dawson, MMC City Clerk U By Susan Caputo, CMC Deputy City Clerk 5 Exhibit "A" 2008 Update to the Floodplain Management Ordinance Chapter 10.06 FLOODPLAIN MANAGEMENT Sections: 10.06.010 Statutory Authorization, Findings of Fact, Purpose and Methods. 10.06.01010.06.020 Definitions. 10.06.030 10.06.030 General Provisions. X3010.06.040 Administration. 40.06.040 10.06.050 Provisions for Flood Hazard Reduction. 10.06.050 10.06.060 Variance Procedure. 10.06.010 Statutory Authorization, Findings of Fact, Purpose and Methods. A. Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local governments the authorityto o adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City of Santa Clarita does hereby adopt the following floodplain management regulations. B. Findings of Fact. The flood hazard areas of the City of Santa Clarita are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are caused by uses that are inadequately elevated, floodproofed or protected from flood damage. The cumulative effect of obstructions in areas of special.flood hazards which increase flood heights and velocities also contribute to flood losses. C. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformlythroughout the communityto all publicly and privately owned land within flood prone areas. These regulations are designed to: 1. Protect human life and health, 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of theeg_ neral public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard: , 6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; 7. Ensure that potential buyers are notified that property is in an area of special flood hazard, and 8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. D. Methods of Reducing Flood Losses. In order to accomplish its purpose, this chapter includes regulations to: 1. Restrict or prohibit uses which are dangerous to health, safety property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters; 4. Control filling=grading, dredging and other development which may increase flood damage; 5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas; and 6. These regulations take precedence over any less restrictive conflicting local laws, ordinances and codes. 110.06.04510.06.020 Definitions. "A zone". See "Special flood hazard area". l "Accessory structure, low-cost and small" means a structure that is: 1. Solely used for the parking of no more than two (2) cars or limited storage; and 2. Small, low cost sheds of fifteen hundred dollars ($1500) or less in value and notrg eater than one hundred and forty-four (144) square feet. "Apex" means a the point of highest elevation on an alluvial fan; ,.,h ieh on HndiStuFbed fan genefally the point wher-e the m�er- stream that formed the fan efnefges fr-effl the matintain ftent. or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Base flood" means a flood which has a one percent LL!j) chance of being equaled or exceeded in any given year (also called the "Oene hundred_ (440.) year 000- ear) ye" flood"). Base flood is the term used throughout this chapter. "Base flood elevation (BFE)" means the elevation shown on the Flood Insurance Rate May for zones AE, AH, A 1-30, VE and V 1-30 that indicates the water surface elevation resulting from a flood that has a one percent 0%) or greater chance of being equaled or exceeded in any given year. "Building". See "Structure". "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effeetive date of the floodplain fnanagement r-egWations adopted by a eomfnunity April 14, 1988. Manageffient Ageney of Federal insur-anee Adfninistfatien has delineated the afeas of flood hazards. "Floodplain Administrator" is the DiFe6tOF of Building and Engineering Sen,iees appointe pur-suant to this ehapter-. community official designatedy title to administer and enforce the floodplain management regulations. "Floodplain management regulations" means this chapter; and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, $state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93 and TB 7-93. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1,) foot. Also referred to as "Regulatory floodway." "Fraud and victimization" as related to Section 10.06.0-0060, Variance Procedure, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one (100) hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Hardship" as related to Section 10.06.030060, Variance Procedure, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The governing body requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Historic structure" means any structure that is: 3. Individually listed on Table 034 OS-3, Historic Resources in the Open Space and Conservation Element of the City's General Plan; 5. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 1. An unfinished or, flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to: a. The flood openings standard in Section 10.06.040050(A)(3)(c). b. The anchoring standards in Section 10.06.WO50(A)(1). c. The construction materials and methods standards in Section 10.06.040050(A)(2). d. The standards for utilities in Section 10.06.040050(B). "Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square footage cost factor determined by reference to a building cost estimating guide recognized by the building construction industry and shall not include any improvements not physically attached to the structure. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent certified appraiser and supported by a written explanation of the differences. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 19291 North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New construction," for floodplain management purposes, means structures for which the "S -start of construction" commenced on or after the eff restive date of fleedplain r.,anago. efit r-egtilatians adopted by this eafnm-unit� April 14, 1988, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after t -he off-eetive date of fleedplain management regulations adopted by this . April 14, 1988. "One hundred= 0-0� year flood " or "100 -year flood". See "Base flood." "Program deficiency" means a defect in a communi 's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. "Public safety and nuisance" as related to Section 10.06.9-58060, Variance Procedure, of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake; or river, bay, stream, canal or basin. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. "Remedy a violation" means to bring the structure or other development into compliance with 8state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing $state or federal financial exposure with regard to the structure or other development. "Special flood hazard area (SFHA)" means an area having speei l Heed mudslide (i mtidflaw), E)r- flood related erosion hazards, and in the floodplain subject to a one percent 0%) or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1- 30, AE, A99 or AH., E, or- N4r "Sheet How Aarea". See "Area of shallow flooding". "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the plareffleflt E) etfif reement steel f F slabs ^r- foo *�^rt�, pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the "Market value" of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition or other proposed fiew developffien improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the "Market value" of the structure before the "Start of construction" of the improvement. This term includes structures which have incurred "Ssubstantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations or 'sstate or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 (or other datum, wee spe^� of floods of various magnitudes and frequencies in the floodplairis of coastal or riverine areas. (04 97 11,7/8,19:7) New Ordinance number? 10 020 10.06.030 General Provisions. B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal insufa flee ^ a.f.:nistr- tion (FIA) ` o f the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for the City of Santa Clarita dated September 29, 1989, a*d with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs); dated Septembff 29, 1989-1 and all subsequent amendments and/or revisions and the Los Angeles County Floodway Maps dated May of 1980 through August of 1985 are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping are the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The Los Angeles County Floodway Maps shall apply in areas of the City where the FIRMs do not identify floodway areas. Where the FIRMs do identify floodway areas, the FIRMS shall govern. The study, FIRMS, Los Angeles County Floodway Maps and FBFMs are on file at the office of the Director of Building and Engineering Sen,iees Public Works at 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355. E. Interpretation. In the interpretation and application of this chapter, all provisions shall be: 3. Deemed neither to limit nor repeal any other powers granted under Estate statutes. F. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Santa Clarita, City Council or any officer or employee thereof, the State of California or the 1 insu..anee n dfni istr- tier Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. , G. Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (New Ordinance number?) 4&06.03010.06.040 Administration. A. Establishment E)f a Floodplain Area Development PeFfflit. A fleedplain afea development peFfflit shall be ebtained befefe an), eefistf�detiefi of othef developffient begins within any afea of speeial flood hazard established in Seetion 10.06.020(B). Applieation fef a developmen4 pefmit shall be made on foFms fuFnished by the Floodplain Administr-atef and may inelude, but , , E)F dfainage faoilities; and the leeatien of the foregoing. Speeifioally, the following information ice: of all stf:ue�ur-es in Zone AQ, elevation of highest adjaeent gfade and pr-eposed elevatien , 2. Pfepesed elevation in felatien te mean sea level to whieh any nenfesidential stfidetufe will ; 3. All apffepr-iate eef4ifieatiefis listed in subseetien (C;)(4) ef this ; B- A. Designation of the Floodplain Administrator. The Director of Building and Engineering des Public Works is hereby appointed to administer, implement and enforce this chapter by granting or denying development permits in accord with its provisions. E B. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: 1. Permit Review. Review all floodplain area development permits to determine that: a. Permit requirements of this chapter have been satisfied; including determination of substantial improvement and substantial damage of existing structures; c. The site is reasonably safe from flooding; d. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. , " " This means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point. within the City of Santa Clarita; and e. All Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "Start of construction" definition. 2. Development of Substantial Improvement and Substantial Damage Procedures. a. Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings", develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market value". b. Assure procedures are coordinated with other departments/divisions and implemented by community staff. c. Any reconstruction, rehabilitation or additions to existing permitted structures constructed not compliant to the provisions of this chapter must be evaluated to determine if the proposed scope of work exceeds the "Substantial improvement' or "Substantial damage" threshold. An analysis based on the current City policy must be submitted to, and approved by, the Public Works Department prior to the issuance of building permits. 2- 3. Review am11 Use and Development of A*y Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 10.06.020030(B), the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or Estate agency, or other source, in order to administer Section 10.06.04$050. Any such information shall be submitted to the City Council for adoption. NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "ManagingFloodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base 100 -year) Flood Elevations" dated July 1995. 4. Notification of Other Agencies. a. In Aalteration or relocation of a watercourse: 1. a: Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; 2. b-. Submit evidence of such notification to the Federal insu -anee Admin' Federal Emergency Management Agency; and 3. e- Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. b. Base flood elevation changes due to physical alterations: 1. Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMRJ 2. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued on Conditional Letters of Map Revisions (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "Start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting floodinjz conditions, risk premium rates and floodplain management requirements are based on current data. c Changes in corporate boundaries: 1. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. 4. 5. Documentation of Floodplain Developments. Obtain and maintain for public inspection and make available as needed the following: a. Certification required by Section 10.06.040050(A)(3)(a) and Section 10.06.050(D) (lowest floor elevations); b. Certification required by Section 10.06.040050(A)(3)(b) (elevation or floodproofing of nonresidential structures); c. Certification required by Sections 10.06.040050(A)(3)(c) (wet floodproofing standard); d. Certification of elevation required by Section 10.06.040050(C) 1 c (-}-(subdivision and other proposed development standards); affd e. Certification required by Section 10.06.040050(F)04Q (floodway encroachments) -3 and f. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. 5- 6. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, €erexample, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 10.06.050040 D . 6: 7. Remedial Action. Take action to remedy violations of this chapter as specified in Section 10.06.020030(C). 7. Vafianee Considerations. Aet on behalf of City Gouneil in deteffflining the justifieati 8. Biennial Report. Complete and submit Biennial Report to FEMA. 9. Planning. Assure community's General Plan is consistent with floodplain management obiectives herein. C. Development Permit. A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 10.06.030(B). Application for a development permit shall be made on forms furnished by the City of Santa Clarita. The applicant shall provide the following minimum information: 1. Plans in duplicate, drawn to scale, showing: a. Location dimensions and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; b. Proposed locations of water supply, sanitary sewer and other utilities; c. Grading information showingexisting xisting and proposed contours, any proposed fill and drainage facilities; d. Location of the regulatory floodway when applicable; e. Base flood elevation information as specified in Section 10.06.030(B) or Section 10.06.040(B)(3); f. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures, and g Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 10.06.050(A)(3)(b) of this chapter and detailed in FEMA Technical Bulletin TB 3-93. 2. Certification from a registered_ professional civil engineer or licensed land surveyor that the nonresidential floodproofed building meets the floodproofing�criteria in Section 10.06.050(A)(3) b), 3. For a crawl -space foundation, location and total net area of foundation openings as required in Section 10.06.050(A)(3)(c) of this chapter and detailed in FEMA Technical Bulletins TB 1-93 and TB 7-93. 4. Description ofithe extent to which any watercourse will be altered or relocated as a result of proposed development. 5. All appropriate certifications listed in Section 10.06.040(B)(5) of this chapter. D. Appeals. The City Council of the City of Santa Clarita shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. Appeals to the City Council shall' be in accordance with Chapter 2.04 of the Municipal Code of the City of Santa Clarita. (nod -99'—'11,, 7) (New Ordinance number?) 10.06.04010.06.050 Provisions for Flood Hazard Reduction. A. Standards of Construction. In all areas of special flood hazards the following standards are required: 1. Anchoring. a. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. section. 2. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: a. With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage for all areas below the level of the base flood elevation plus one (1) foot; d'. If Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. 3. Elevation and Floodproofing. (See definitions for `abasement", "Llowest floor", "N*ew construction", "Ssubstantial damage" and "Ssubstantial improvement".) a. Residential construction;, All new construction or substantial improvements of residential structures shall have the lowest floor, including basement: 1. In AE AH, Al -30 Zones. Elevated to at least one (1)foot above the base flood elevation; 4-. 2. (In an AO Zone)_ Elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one (1) foot, or elevated at least three feet (3) above the highest adjacent grade if no depth number is specified; 3. (In an A Zone), Without BFE's specified on the FIRM (un -numbered A zone), Belevated at least one (1) foot above the base flood elevation as determined , under Section 10.06.040(B)(3). 3. (In all other zones) Elevated .,t least one feet above the base flood eleya ., Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. b. Nonresidential construction;_ All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Subsection (A)(3)(a) of this section or; tegethef , ith attendant „t:l:ty and s nit. f edit i. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Subsection (A)(3)(a) of this section, so that the structure is watertight with walls substantially impermeable to the passage of water; 3. Be certified by a registered professional civil engineer or licensed land surveyor such eeF44i atien shall state- that the standards of Subsection (A)(3)(b) 1 and 2 of this section are satisfied_ a*d Such certification shall be provided to the Floodplain Administrator. c. Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria: 1. For non -engineered openings: b i. ii-. Have a minimum of two (2) openings on different sides having a total net area of not less than one �D square inch for every one 1 square foot of enclosed area subject to flooding; ii. The bottom of all openings shall be no higher than one (1) foot above grade, iii. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, they permit the automatic entry and exit of flood water-; and iv. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or 2. Be certified by a registered professional structural engineer. d. Manufactured homes. shall also Fneet the stand,, ds ; ubseetion m) of this seetion 1. Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in Subsection (3) of this section. 2. Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in Section 10.06.050(D). Additional guidance may be found in FEMA Technical Bulletins TB 1-93 and TB 7-`93. e. Garages and low cost accessory structures. 1. Attached garages. i. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of floodwaters. See Subsection (3) of this section. Areas of the garage below the level of the base flood elevation plus one (1) foot must be constructed with flood resistant materials. See Subsection (2) of this section. ii. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB 6-93. 2. Detached ara es and accessory structures. i. "Accessory structures" used solely for parkin (two (2) car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 10.06.020, maybe constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and a. Use of the accessory structure must be limited to parking or limited storage; b. The portions of the accessory structure located below the level of the base flood elevation plus one 1) foot must be built using flood resistant materials, c. The accessory structure must be adequately anchored to prevent floatation, collapse and lateral movement; d. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to at least one (1) foot above the BFE; e. The accessory structure must comply with floodplain encroachment provisions in Section 10.06.050(F); and f. The accessory structure must be designed to allow for the automatic entry and exit of floodwaters in accordance with Subsection (3)(c) of this section. ii. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards of Section 10.06.050(A). C. Standards for Subdivisions and Other Proposed Development. 1. All new subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall: a. Iidentify the Special Flood Hhazard Aareas SFHAs and the Base Flood Elevations (BFEs); b. Identify the elevations of lowest floors of all proposed structures and pads on the final plans; and c. If the site is filled above the base flood elevation, the following as -built information for each structure shall be certified by a registered professional civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on fill (LOMR-F) to the Floodplain Administrator: i. Lowest floor elevation. ii. Pad elevation. iii. Lowest adjacent grade. site is filled above the base fleed elevatien, the lewest fleef and the pad elevatiens shall be eei4ified 3- 2. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. 4. 3. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 4. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. D. Standards for Manufactured Homes Within Manufactured Home Parks and Subdivisions. All manufactured homes in special flood hazard areas shall meet the anchoring standards in Section 10.06.050(A)(1), construction materials and methods in Section 10.06.04.050(A)(2), flood opening requirements in Section 10.06.050(A)(3)(c), and garage and low-cost accessory structure standards in Section 10.06.050(A)(3)(e). NOTE: Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in Section 10.06.050(A)(3). 1. All manufactured homes that are placed, or substantially improved, within Zones A! 30, A14 a AE on a eomfflunity's Fleed inst e Rate Map, on sites located: a. Outside-a Fflantifaetur-ed gaffe park ^r- subdivision; b d in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "Substantial damage" as the result of a flood shall; a. Within zones AI-30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one (1) foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement. 2. All manufactured homes... a. Lowest floor of the manufactured home is at least one (1) foot above the base flood elevation; or Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registeredprofessional civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. E. Standards for Recreational Vehicles. a. Be on the site for fewer than one hundred eighty (180) consecutive days; and be or b. Be fully licensed and ready for highway use. -(-aA recreational vehicle is ready for highway use if it is on its wheels or a jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or c. Meet the permit requirements of Section l0.06.O3Gq49LQ of this chapter and the elevation and anchoring requirements for manufactured homes in subsection (D)(1) of this section. 2. Reer-eatie-n-al veahie-los-Rlaeed-asites within zanes 3.11 N130, Nr and VE e he eeffiffitinity, s Flood histir-anee Rate Map will fneet the fequif:ements ef subseetieft (E)(1) of this seetiefir F. Floodways. . Since *e floodways i-5 are an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Until a "Re u�ry floodwav" is adopted, no new construction, substantial development or other development (including fill) shall be permitted within zones Al -30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the City of Santa Clarita. 2. Within an adopted "Regulatory floodway", the City of Santa Clarita shall Pprohibit encroachments or "Obstructions", including fill, new construction, substantial improvements and other new development unless certification by a registered professional civil engineer OF is provided demonstrating that the proposed encroachments or obstructions wj11 shall not result in any increase in [the base] floods levels during the occurrence of the base flood discharge. 3. If subsections (F)(1) and 2 of this section Is are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section. (Ord. 97 11 18r97) New Ord. number? G. Cumulative Substantial Improvement and Substantial Damage. 1. Improvements of any type or value to structures, located in areas of special flood hazard, constructed on or after April 14, 1988 must meet all floodproofing requirements of this chapter. 2. Improvements valued up to forty-nine percent (49%) of an existing structure's pre - improvement "Market value", located in areas of special flood hazard, constructed prior to April 14, 1988, may be permitted without meeting the flood protection requirements of this chapter. Once the substantial improvement or substantial damage threshold of greater than forty-nine percent (49%) has been reached: a. No further building,permits will be issued for the structure for a period often (10) years from the date of the issuance of the first building permit for improvements, alterations or additions, rehabilitations or repairs, regardless of the origin of the damage, or any combination of said improvements unless the structure is made to comply with the requirements of this chapter; and b. When the total value of the cumulative improvements meets or exceeds fifty percent (50%) of a structure's pre -improvement "Market value" within a ten (10) year period, the original structure must be protected according to the requirements of this chapter; and c. The "Market value" of the structure used at the issuance of the first building permit is the market value that will be used throughout the ten (10) year period to determine the cost percentage of the proposed improvements. 40.06$50 10.06.060 Variance Procedure. A. Nature of Variances. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the .ranting of a variance. 1. The variance criteria set forth in this section of the chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional "Hhardship" to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. 2. It is the duty of the City Council of the City of Santa Clarita to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements of this chapter are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. C. B. Conditions for Variances. 1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half (1/2) acre or less in size contiguous to, and surrounded by., lots with existing structures constructed below the base flood level;., providing that the procedures of Sections 10.06.038040 and 10.06.040050 of this chapter have been fully considered. As the lot size increases beyond one-half 1/2 acre, the technical justification required for issuing the variance increases. 2. Variances may be issued for the repair or rehabilitation of "Hhistoric structures" (as defined in Section 10.06.04.0020 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 3. Variances shall not be issued within any mapped "Rregulatory floodway" if any increase in flood levels during the base flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the "Mfninimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of this chapter. 5. lam? Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and b. Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 6. B-3- The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Feder -a! hist,-anee ^ dfni istf tion, Federal Emergency Management Agency. 1, C. Appeal Board. 2. CrS- Variances shall be issued only upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional "Hhardship" (as defined in Section 10.06.04-0020) to the applicant; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (See "Public safety and nuisance" as defined in Section 10.06.0-0020), cause "F€raud or victimization" (as defined in Section 10.06.04-0020) of the public, or conflict with other existing local laws or ordinances. 3. Gk, Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use; provided, that the provisions of Subsections (C)(1) through (44)� of this section are satisfied, and that the structure or other development is protected by methods that minimize flood damage during the base flood and does not result in additional threats to public safety, and does not create a public nuisance. 4. C -77L. Upon consideration of the factors in subsection (13)(1) of this section and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. New Ord. number? EXHIBIT "A" Chapter 10.06 FLOODPLAIN MANAGEMENT Sections: 10.06.010 Statutory Authorization, Findings of Fact, Purpose and Methods. 10.06.020 Definitions. 10.06.030 General Provisions. 10.06.040 Administration. 10.06.050 Provisions for Flood Hazard Reduction. 10.06.060 Variance Procedure. 10.06.010 Statutory Authorization, Findings of Fact, Purpose and Methods. A. Statutory Authorization. The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City of Santa Clarita does hereby adopt the following floodplain management regulations. B. Findings of Fact. 1. The flood hazard areas of the City of Santa Clarita are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are caused by uses that are inadequately elevated, floodproofed or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to flood losses. C. Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone areas. These regulations are designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard; 6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; 7. Ensure that potential buyers are notified that property is in an area of special flood hazard; and 8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. D. Methods of Reducing Flood Losses. In order to accomplish its purpose, this chapter includes regulations to: 1. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters; 4. Control filling, grading, dredging and other development which may increase flood damage; 5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas; and 6. These regulations take precedence over any less restrictive conflicting local laws, ordinances and codes. 10.06.020 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "A zone". See "Special flood hazard area". "Accessory structure, low-cost and small" means a structure that is: 1. Solely used for the parking of no more than two (2) cars or limited storage; and 2. Small, low cost sheds of fifteen hundred dollars ($1500) or less in value and not greater than one hundred and forty-four (144) square feet. "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan -shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition and channel migration. "Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter. "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard". See "Special flood hazard area." "Base flood" means a flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the "One hundred -year (100 -year) flood"). Base flood is the term used throughout this chapter. "Base flood elevation (BFE)" means the elevation shown on the Flood Insurance Rate Map for zones AE, AH, Al -30, VE and V1-30 that indicates the water surface elevation resulting from a flood that has a one percent (I%) or greater chance of being equaled or exceeded in any given year. "Basement" means any area of the building having its floor subgrade, i.e., below ground level, on all sides. "Building". See "Structure." "Development" means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before April 14, 1988. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads). "Flood, flooding, or flood water" means a general'and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain" or flood -prone area" means any land area susceptible to being inundated by water from any source. See "Flooding." "Floodplain Administrator" is the community official designated by title to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations and open space plans. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood -prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93 and TB 7-93. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Also referred to as "Regulatory floodway." "Floodway fringe" is that area of the floodplain on either side of the "Regulatory floodway" where encroachment may be permitted. "Fraud and victimization" as related to Section 10.06.060, Variance Procedure, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Governing body" is the City Council of the City of Santa Clarita that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as related to Section 10.06.060, Variance Procedure, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The governing body requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on Table OS -3, Historic Resources in the Open Space and Conservation Element of the City's General Plan; 4. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 5. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Levee" means a man made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition). 1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non -elevation design requirements, including, but not limited to: a. The flood openings standard in Section 10.06.050(A)(3)(c). b. The anchoring standards in Section 10.06.050(A)(1). c. The construction materials and methods standards in Section 10.06.050(A)(2). d. The standards for utilities in Section 10.06.050(B). 2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below grade garages and storage areas. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "Recreational vehicle." "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. "Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square footage cost factor determined by reference to a building cost estimating guide recognized by the building construction industry and shall not include any improvements not physically attached to the structure. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from' those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent certified appraiser and supported by a written explanation of the differences. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "New construction," for floodplain management purposes, means structures for which the "Start of construction" commenced on or after April 14, 1988, and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after April 14, 1988. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One hundred -year flood" or "100 -year flood". See "Base flood." "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations. "Public safety and nuisance" as related to Section 10.06.060, Variance Procedure, of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal or basin. "Recreational vehicle" means a vehicle which is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sheet flow area". See "Area of shallow flooding." "Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A 1-30, AE, A99 or AH. "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the "Market value" of the structure before the damage occurred. "Substantial improvement". means any reconstruction, rehabilitation, addition or other proposed improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the "Market value" of the structure before the "Start of construction" of the improvement. This term includes structures which have incurred "Substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a "Historic structure" provided that the alteration will not preclude the structure's continued designation as a historic structure. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 97-11, 7/8/97) 10.06.030 General Provisions. A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Santa Clarita. B. Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for the City of Santa Clarita dated September 29, 1989, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs) and all subsequent amendments and/or revisions and the Los Angeles County Floodway Maps dated May of 1980 through August of 1985 are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping are the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The Los Angeles County Floodway Maps shall apply in areas of the City where the FIRMs do not identify floodway areas. Where the FIRMs do identify floodway areas, the FIRMs shall govern. The study, FIRMs, Los Angeles County Floodway Maps and FBFMs are on file at the office of the Director of Public Works at 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355. C. Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor, and shall also be considered a municipal code violation subject to fines and penalties as provided for in Chapter 23.20 of the Santa Clarita Municipal Code. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation. D. Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation. In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under state statutes. F. Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Santa Clarita, City Council or any officer or employee thereof, the State of California or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. G. Severability. This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. 10.06.040 'Administration. A. Designation of the Floodplain Administrator. The Director of Public Works is hereby appointed to administer, implement and enforce this chapter by granting or denying development permits in accord with its provisions. B. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following: 1. Permit Review. Review all floodplain area development permits to determine that: a. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures; b. All other required state and federal permits have been obtained; c. The site is reasonably safe from flooding; d. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the City of Santa Clarita; and e. All Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "Start of construction" definition. 2. Development of Substantial Improvement and Substantial Damage Procedures. a. Usirig FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings", develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market value". b. Assure procedures are coordinated with other departments/divisions and implemented by community staff. c. Any reconstruction, rehabilitation or additions to existing permitted structures constructed not compliant to the provisions of this chapter must be evaluated to determine if the proposed scope of work exceeds the "Substantial improvement" or "Substantial damage" threshold. An analysis based on,the current City policy must be submitted to, and approved by, the Public Works Department prior to the issuance of building permits. 3. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 10.06.030(B), the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 10.06.050. Any such information shall be submitted to the City Council for adoption. NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100 -year) Flood Elevations" dated July 1995. 4. Notification of Other Agencies. a. Alteration or relocation of a watercourse: 1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation; 2. Submit evidence of such notification to the Federal Emergency Management Agency; and 3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. b. Base flood elevation changes due to physical alterations: 1. Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). 2. All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued on Conditional Letters of Map Revisions (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "Start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. c. Changes in corporate boundaries: 1. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. 5. Documentation of Floodplain Developments. Obtain and maintain for public inspection and make available as needed the following: a. Certification required by Section 10.06.050(A)(3)(a) and Section 10.06.050(D) (lowest floor elevations); b. Certification required by Section 10.06.050(A)(3)(b) (elevation or floodproofing of nonresidential structures); c. Certification required by Section 10.06.050(A)(3)(c) (wet floodproofing standard); d. Certification of elevation required by Section 10.06.050(C)(1)(c) (subdivision and other proposed development standards); e. Certification required by Section 10.06.050(F)(2) (floodway encroachments); and f. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. 6. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 10.06.040(D). 7. Remedial Action. Take action to remedy violations of this chapter as specified in Section 10.06.030(C). 8. Biennial Report. Complete and submit Biennial Report to FEMA. 9. Planning. Assure community's General Plan is.consistent with floodplain management objectives herein. C. Development Permit. A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 10.06.030(B). Application for a development permit shall be made on forms furnished by the City of Santa Clarita. The applicant shall provide the following minimum information: 1. Plans in duplicate, drawn to scale, showing: a. Location, dimensions and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; b. Proposed locations of water supply, sanitary sewer and other utilities; c. Grading information showing existing and proposed contours, any proposed fill and drainage facilities; d. Location of the regulatory floodway when applicable; e. Base flood elevation information as specified in Section 10.06.030(B) or Section 10.06.040(B)(3); f. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and g. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 10.06.050(A)(3)(b) of this chapter and detailed in FEMA Technical Bulletin TB 3-93. 2. Certification from a registered professional civil engineer or licensed land surveyor that the nonresidential floodproofed building meets the floodproofing criteria in Section 10.06.050(A)(3)(b). 3. For a crawl -space foundation, location and total net area of foundation openings as required in Section 10.06.050(A)(3)(c) of this chapter and detailed in FEMA Technical Bulletins TB 1-93 and TB 7-93. 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 5. All appropriate certifications listed in Section 10.06.040(B)(5) of this chapter. D. Appeals. The City Council of the City of Santa Clarita shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. Appeals to the City Council shall be in accordance with Chapter 2.04 of the Municipal Code of the City of Santa Clarita. 10.06.050 Provisions for Flood Hazard Reduction. A. Standards of Construction. In all areas of special flood hazards the following standards are required: 1. Anchoring. a. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed: a. With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage for all areas below the level of the base flood elevation plus one foot; b. Using methods and practices that minimize flood damage; c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and d. Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. 3. Elevation and Floodproofing. (See definitions for "Basement', "Lowest floor", "New construction", "Substantial damage" and "Substantial improvement'.) a. Residential construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement: 1. In AE, AH, Al -30 zones. Elevated to at least one (1) foot above the base flood elevation; 2. In an AO zone. Elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one (1) foot, or elevated at least three (3) feet above the highest adjacent grade if no depth number is specified; 3. In an A zone. Without BFE's specified on the FIRM (un -numbered A zone) elevated at least one (1) foot above the base flood elevation as determined under Section 10.06.040(B)(3). Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. b. Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Subsection (A)(3)(a) of this section or: 1. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Subsection (A)(3)(a) of this section, so that the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. Be certified by a registered professional civil engineer or licensed land surveyor that the standards of Subsection (3)(b)(1 and 2) of this section are satisfied. Such certification shall be provided to the Floodplain Administrator. c. Flood openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria: 1. For non -engineered openings: i. Have a minimum of two (2) openings on different sides having a total net area of not less than one (1) square inch for every one (1) square foot of enclosed area subject to flooding; ii. The bottom of all openings shall be no higher than one (1) foot above grade; iii. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, they permit the automatic entry and exit of flood water; and iv. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or 2. Be certified by a registered professional structural engineer. d. Manufactured homes. 1. Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in Subsection (3) of this section. 2. Manufactured homes placed within manufactured home parks or subdivisions shall meet the standards in Section 10.06.050(D). Additional guidance may be found in FEMA Technical Bulletins TB 1-93 and TB 7-93. e. Garages and low cost accessory structures. 1. Attached garages. i. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of floodwaters. See Subsection (3) of this section. Areas of the garage below the level of the base flood elevation plus one (1) foot must be constructed with flood resistant materials. See Subsection (2) of this section. ii. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB 6-93. 2. Detached garages and accessory structures. i. "Accessory structures" used solely for parking (two (2) car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 10.06.020, maybe constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements: a. Use of the accessory structure must be limited to parking or limited storage; b. The portions of the accessory structure located below the level of the base flood elevation plus one (1) foot must be built using flood resistant materials; c. The accessory structure must be adequately anchored to prevent floatation, collapse and lateral movement; d. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to at least one (1) foot above the BFE; e. The accessory structure must comply with floodplain encroachment provisions in Section 10.06.050(F); and f. The accessory structure must be designed to allow for the automatic entry and exit of floodwaters in accordance with Subsection (3)(c) of this section. ii. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards of Section 10.06.050(A). B. Standards for Utilities. 1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: a. Infiltration of floodwaters into the systems; and b. Discharge from the systems into floodwaters. 2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding. C. Standards for Subdivisions and Other Proposed Development. 1. All new subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall: a. Identify the Special Flood Hazard Areas (SFHAs) and Base Flood Elevations (BFEs); b. Identify the elevations of lowest floors of all proposed structures and pads on the final plans; and c. If the site is filled above the base flood elevation, the following as -built information for each structure shall be certified by a registered professional civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on fill (LOMR-F) to the Floodplain Administrator: i. Lowest floor elevation. ii. Pad elevation. • iii. Lowest adjacent grade. 2. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. 3. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 4. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. D. Standards for Manufactured Homes Within Manufactured Home Parks and Subdivisions. All manufactured homes in special flood hazard areas shall meet the anchoring standards in Section 10.06.050(A)(1), construction materials and methods in Section 10.06.04.050(A)(2), flood opening requirements in Section 10.06.050(A)(3)(c), and garage and low-cost accessory structure standards in Section 10.06.050(A)(3)(e). NOTE: Manufactured homes located outside of manufactured home parks or subdivisions shall meet the elevation and floodproofing requirement in Section 10.06.050(A)(3). 1. All manufactured, homes that are placed, or substantially improved, on sites located: in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "Substantial damage" as the result of a flood shall: a. Within zones Al -30, AH, and AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one (1) foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement. 2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones Al -30, AH, and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of Subsection (D)(1) of this section will be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement, and be elevated so that either the: a. Lowest floor of the manufactured home is at least one (1) foot above the base flood elevation; or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. E. Standards for Recreational Vehicles. 1. All recreational vehicles placed on sites within zones AI -30, AH, and AE on the community's Flood Insurance Rate Map will either: a. Be on the site for fewer than one hundred eighty (180) consecutive days; or b. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or a jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or c. Meet the permit requirements of Section 10.06.040(C) of this chapter and the elevation and anchoring requirements for manufactured homes in subsection (D)(1) of this section. F. Floodways. Since floodways are an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Until a "Regulatory floodway" is adopted, no new construction, substantial development or other development (including fill) shall be permitted within zones Al -30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the City of Santa Clarita. 2. Within an adopted "Regulatory floodway", the City of Santa Clarita shall prohibit encroachments or "Obstructions", including fill, new construction, substantial improvements and other development unless certification by a registered professional civil engineer is provided demonstrating that the proposed encroachments or obstructions shall not result in any increase in [the base] flood levels during the occurrence of the base flood discharge. 3. If subsections (17)(1) and (2) of this section are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this section. G. Cumulative Substantial Improvement and Substantial Damage. 1. Improvements of any type or value to structures, located in areas of special flood hazard, constructed on or after April 14, 1988 must meet all floodproofing requirements of this chapter. 2. Improvements valued up to forty-nine percent (49%) of an existing structure's pre - improvement "Market value", located in areas of special flood hazard, constructed prior to April 14, 1988, may be permitted without meeting the flood protection requirements of this chapter. Once the substantial improvement or substantial damage threshold of greater than forty-nine percent (49%) has been reached: a. No further building permits will be issued for the structure for a period often (10) years from the date of the issuance of the first building permit for improvements, alterations or additions, rehabilitations or repairs, regardless of the origin of the damage, or any combination of said improvements unless the structure is made to comply with the requirements of this chapter; and b. When the total value of the cumulative improvements meets or exceeds fifty percent (50%) of a structure's pre -improvement "Market value" within a ten (10) year period, the original structure must be protected according to the requirements of this chapter; and c. The "Market value" of the structure used at the issuance of the first building permit is the market value that will be used throughout the ten (10) year period to determine the cost percentage of the proposed improvements. 10.06.060 Variance Procedure. A. Nature of Variances. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. 1. The'variance criteria set forth in this section of the chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional "Hardship" to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. 2. It is the duty of the City Council of the City of Santa Clarita to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements of this chapter are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. B. Conditions for Variances. 1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half (1/2) acre or less in size - contiguous to, and surrounded by, lots with existing structures constructed below the base flood level, providing that the procedures of Sections 10.06.040 and 10.06.050 of this chapter have been fully considered. As the lot size increases beyond one-half (1/2) acre, the technical justification required for issuing the variance increases. 2. Variances may be issued for the repair or rehabilitation of "Historic structures" as defined in Section 10.06.020)of this chapter upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 3. Variances shall not be issued within any mapped "Regulatory floodway" if any increase in flood levels during the base flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the "Minimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of this chapter. 5. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and b. Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. 6. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. C. Appeal Board. 1. In passing upon requests for variances, the City Council shall consider, all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the: a. Danger that materials may be swept onto other lands to the injury of others; b. Danger to life and/or property due to flooding or erosion damage; c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; d. Importance of the services provided by the proposed facility to the community; e. Necessity of the facility of a waterfront location, where applicable; f. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. Compatibility of the proposed use with existing and anticipated development; h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; i. Safety of access to the property in time of flood for ordinary and emergency vehicles; j. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. 2. Variances shall be issued only upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional "Hardship" as defined in Section 10.06.020 to the applicant; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (See "Public safety and nuisance" as defined in Section 10.06.020), cause "Fraud or victimization" (as defined in Section 10.06.020) of the public, or conflict with other existing local laws or ordinances. 3. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use; provided, that the provisions of subsections (C)(1) through (4) of this section are satisfied, and that the structure or other development is protected by methods that minimize flood damage during the base flood and does not result in additional threats to public safety, and does not create a public nuisance. 4. Upon consideration of the factors in subsection (13)(1) of this section and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. CITY OF SANTA CLARITA NEGATIVE DECLARATION [X] Proposed [ ] Final PROJECT: Floodplain Ordinance Amendment APPLICANT: City of Santa Clarita, Public Works Department LOCATION OF THE PROJECT: Citywide, City of Santa Clarita, Los Angeles County, California DESCRIPTION OF THE PROJECT: The City of Santa Clarita is proposing to amend Chapter 10.06 (Floodplain Management Ordinance) of the City's Municipal Code. The proposed citywide project would bring the Municipal Code into substantial conformance with the California Department of Water Resources' (DWR) updated Model Floodplain Ordinance. Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15065 of the California Environmental Quality Act (CEQA), the City of Santa Clarita [X] City Council [ ] Planning Commission [ ] Director of Planning and Building Services finds that the project as proposed or revised will have no significant effect upon the environment, and that a Negative Declaration shall be adopted pursuant to Section 15070 of CEQA. Mitigation measures for this project: [X] Are Not Required [ ] Are Attached [ ] Are Not Attached Jeff Hogan. AICP, Senior Planner (Name/Title) Public Review Period Froin Public Notice Given On: [X] Legal Advertisement [ ] Posting of Properties [ ] Written Notice CERTIFICATION DATE: SAMDevelopment Services\Christma\Floodplain Ordinance Floodplain Management Ordinance Amendment Pagel of 28 INITIAL STUDY CITY OF SANTA CLARITA Project Title: Floodplain Management Ordinance Amendment Lead Agency name and address: City of Santa Clarita Public Works Department 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 Contact person and phone number: Christina Monde, Assistant Engineer 661-255-4959 Project location: Citywide, City of Santa Clarita, Los Angeles County, California Applicant's name and address: City of Santa Clarita Public Works Department 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 General Plan designation: N/A Zoning: N/A Description of project and setting: The _ City of Santa Clarita is proposing to amend Chapter 10.06 (Floodplain Management Ordinance) of the City's Municipal Code. The proposed citywide project would bring the Municipal Code into substantial conformance with the California Department of Water Resources' (DWR) updated Model Floodplain Ordinance. The modifications to the City's Floodplain Management Ordinance will cleanup the intent of the Municipal Code as well as clarify the procedures and policy that must be followed when developments within the 100 -year floodplain are proposed. The project does not propose any changes to any limits or boundaries of any flood zones within the City. Modifications proposed at this time include the following: Provisions for Regulatory Floodways; Added and Modified Definitions; Addition of a Standards for Subdivisions and Other Proposed Developments section; Page 2 of 28 • Addition of a Standards for Utilities section; • New General and Administrative Provisions, including as provision that all LOMR and Conditional Letters of Map Revisions (CLOMR) be obtained from FEMA, if applicable, prior to the City's issuance of a ` building permit. Surrounding land uses: N/A Other public agencies whose None approval is required: Floodplain Management Ordinance Amendment Page 3 of 28 A. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or a "Less than Significant With Mitigation" as indicated by the checklist on the following pages. [ ] Aesthetics [ ] Biological Resources [ ] Hazards & Hazardous Materials [ ] Mineral Resources [ ] Public Services [ ] Agriculture Resources [ ] Air Quality [ ] Cultural Resources [ ] Hydrology / Water Quality [ ] Noise [ ] Recreation [ ] Utilities / Service Systems [ ] B. DETERMINATION: On the basis of this initial evaluation; [ ] Geology / Soils [ ] Land Use / Planning [ ] Population / Housing [ ] Transportation / Traffic Mandatory Findings of Significance [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the envirorunent, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 11 Page 4 of 28 [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been av ided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, ncluding revisions or mitigation measures that are imposed upon the p •dppo' ed project, othing further is required. i /►� ,J I � 0 Darin See 'I er, Assistant Planner II Da Log, Je4Ho an, I I , Senior Planner Date Page 5 of 28 C. EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, primary/secondary ridgelines, trees, - rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? [] f[] [] [X] [] [] [] [X] [] [] [] [X] [] [] [] [X] e)Other [J I I I II. AGRICULTURE RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or [ ] [ ] [ ] [X] Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or [ ] [ ] [ ] [XJ a Williamson Act contract? c) Involve other changes in the existing enviromnent [ ] [ J [ ] [X] which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Page 6 of 28 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation d)Other [] I I I II1. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the [ ] [ J [ ] [X] applicable air quality plan? b) Violate any air quality standard or contribute [ ] [ ] [ ] [X] substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? f) Other IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? [] [] [] [X] [] [] [] [X] [] [] [] [X] 0 [] [] [] [X] Page 7 of 28 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Have a substantial adverse effect on any riparian [ ] [ ] [ ] [X] habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native 'resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Oak trees? fl Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Affect a Significant Ecological Area (SEA) or Significant Natural Area (SNA) as identified on the City of Santa Clarita ESA Delineation Map? h) Other V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? [] [J [] [XJ Page 8 of 28 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Cause a substantial adverse change in the [ ] [ ] [ ] [X] significance of an archaeological resource pursuant to ' 15064.5? c) Directly or indirectly destroy or impact a unique [ ] paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred [ ] outside of formal cemeteries? e) Other [ ] VI. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial [ ] adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as [ ] delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? [ ] iii) Seismic -related ground failure, including [ ] liquefaction? iv) Landslides? [ ] b) Result in substantial wind or water soil erosion or the [ ] loss of topsoil, either on or off site? [J [] [XJ [] [J [XJ [J [J [XJ [] [J [X] 4 Page 9 of 28 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation c) Be located on a geologic unit or soil that is unstable, [ ] [ ] [ ] [X] or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- [ ] [ ] 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the [ ] [ ] use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Change in topography or ground surface relief [ ] [ ] features? g) Earth movement (cut and/or fill) of 10,000 cubic [ ] [ ] yards or more? h) Development and/or grading on a slope greater than [ ] [ ] 10% natural grade? i) The destruction, covering or modification of any [ ] [ ] unique geologic or physical feature? j) Other [ ] [ ] VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the [ ] [ ] environment through the routine transport, use, or disposal of hazardous materials? N [X] [X] [X] Page 10 of 28 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving explosion or the release of hazardous materials into the environment (including, but not limited to oil, pesticides, chemicals, fuels, or radiation)? c) Emit hazardous emissions or handle hazardous or [ ] acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of [ ] hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan [ ] or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, [ ] would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with [ ] an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of [ ] loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? [X] [X] [X] [X] Page 11 of 28 i) Exposure of people to existing sources of potential health hazards (e.g. electrical transmission lines, gas lines, oil pipelines)? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] I I [X] j) Other [ ] [ ] VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste [ ] [ ] discharge requirements? b) Substantially deplete groundwater supplies or [ ] [ ] interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the [ ] [ ] site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the [ ] [ ] [ ] site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would [ ] [ ] [ ] exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? [ ] [ ] [ ] [X] [X] Page 12 of 28 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation g) Place housing within a 100 -year flood hazard area as [ ] [ ] [ ] [X] mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures [ ] which would impede or redirect flood flows? i) Expose people or structures to a significant risk of [ ] loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? [ ] k) Changes in the rate of flow, currents, or the course [ ] and direction of surface water and/or groundwater? 1) Other modification of a wash, channel creek or river? [ ] 1 m) Impact Stormwater Management in any of the [ ] following ways: i) Potential impact of project construction and [ ] project post -construction activity on storm water runoff? ii) Potential discharges from areas for materials [ ] storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas? iii) Significant environmentally harmful increase in [ ] the flow velocity or volume of storm water runoff? iv) Significant and environmentally harmful [ ] increases in erosion of the project site or surrounding areas? k [] [] [X] [l [] [X] [] [] [X] [] [] [X] [] [] [X] Page 13 of 28 v) Storm water discharges that would significantly impair or contribute to the impairment of the beneficial uses of receiving waters or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.) vi) Cause harm to the biological integrity of drainage systems, watersheds, and/or water bodies? vii) Does the proposed project include provisions for the separation, recycling, and reuse of materials both during construction and after project occupancy? IX. LAND USE AND PLANNING - Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] I I [X] a) Disrupt or physically divide an established [ ] community (including a low-income or minority community)? b) Conflict with any applicable land use plan, policy, [ ] or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation [ ] plan, natural community conservation plan, and/or policies by agencies with jurisdiction over the project? X. MINERAL AND ENERGY RESOURCES - Would the project: a) Result in the loss of availability of a known mineral [ ] resource that would be of value to the region and the residents of the state? [X] [X] [X] [X] Page 14 of 28 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Result in the loss of availability of a locally [ ] [ ] [ ] IN important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? c) Use nonrenewable resources in a wasteful and [ ] [ ] [ ] [X] inefficient manner? XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels [ J [ ] [ ] [XJ in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive [ ] [ ] [ ] [X] groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise [ ] [ ] [ ] [X] levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in [ ] [ ] [ ] [X] ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan [ ] [ ] [ ] IN or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, [ ] [ ] [ ] [X] would the project expose people residing or working in the project area to excessive noise levels? I Page 15 of 28 XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, [ ] [ ] [ ] [X] either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension ofroads or other infrastructure)? b) Displace substantial numbers of existing housing, [ ] [ ] [ ] [X] necessitating the construction of replacement housing elsewhere (especially affordable housing)? c) Displace substantial numbers of people, necessitating [ ] [ ] [ ] [X] the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES - Would the project result in: a) Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? [ ] [ ] [ ] [X] ii) Police protection? [ ] [ ] [ J (X] iii) Schools? [ ] (] [ ] [X] iv) Parks? [ J [ J ( J [XJ XIV. RECREATION - Would the project: a) Increase the use of existing neighborhood and (] [ ] [ ] [X] regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Page 16 of 28 b) Include recreational facilities or require the [ ] [ J [ ] [X] construction or expansion of recreational facilities which might have an adverse physical effect on the envirornnent? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in [ ] [ J [ J [XJ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level [ ] [ ] [ ] [X] of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including [ ] [ ] [ J [X] either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature [ ] [ ] [ ] [X] (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? [ ] [ ] [ J [X] 0 Result in inadequate parking capacity? [ ] [ ] [ J [X] g) Conflict with adopted policies, plans, or programs [ ] [ ] [ J [X] supporting alternative transportation (e.g., bus turnouts, bicycle racks)? h) Hazards or barriers for pedestrians or bicyclists? [ ] [ ] [ ] [X] XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the [ ] [ ] [ ] IN applicable Regional Water Quality Control Board? Page 17 of 28 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 0 Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or aminal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Page 18 of 28 b) Does the project have impacts that are individually [ ] limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which [ ] will cause substantial adverse effects on human beings, either directly or indirectly? 1 ' [] ' [] [X] G Page 19 of 28 D. DISCUSSION OF ENVIRONMENTAL IMPACTS AND/OR EARLIER ANALYSIS: Section and Subsections Evaluation of Impacts I. AESTHETICS a. -c.) No Impact — The proposed revisions to Chapter 10.06 of the Municipal Code will not affect any scenic vistas or other scenic resources within the City of Santa Clarita. The proposed amendments will bring the Municipal Code into substantial conformance with the DWR's Model Floodplain Ordinance. Amendments are also intended to clean up the Floodplain Management Ordinance, as well as, include new procedures for further clarification and consistency with the FEMA regulations. The revisions would promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by legally 'enforceable regulations applied uniformly throughout he community to all publicly and privately owned land within flood prone areas. The proposed project does not include any revisions to the City's development standards pertaining to scenic resources or visual character. As such, the project would have no related impacts. d.) No Impact — The proposed changes to the Floodplain Management Ordinance will not affect any light or glare in day or nighttime views; and none of the proposed amendments would lessen lighting standards. Therefore, the proposal would have no impact related to light or glare. II. AGRICULTURE a. -c.) No Impact — The proposed modifications, to Chapter 10.06 of RESOURCES the Municipal Code will not affect any farmland identified by the California Resources Agency, farmland designated under a Williamson Act Contract, and will not convert any farmland to non-agricultural use. Therefore, the proposal would have no impact to agricultural resources. III. AIR QUALITY a. -d.) No Impact — Santa Clarita is located in the South Coast Air Basin of California (SCAB), a 6,600 -square -mile area encompassing Orange County and the nondesert portions of Los Angeles, Riverside, and San Bernardino Counties. The City is under jurisdiction of the South Coast Air Basin Quality Management District (SCAQMD). SCAQMD has adopted an Air Quality Management Plan (AQMP) for the SCAB, which includes transportation management measures, strict controls on automobile emissions, new industrial controls, extension of controls to -very small sources, and restrictions on the use of various types of products, such as paints and coatings, in order to manage the Page 20 of 28 Basin's air quality. The proposed changes to Chapter 10.06 of the Municipal Code will not alter any of the aforementioned measures. Furthermore, the proposed project would not entitle any new development and, as such, would not result in the emission of any air pollutants. As such, the project would not cause or contribute to any air quality violation and would not adversely affect any sensitive receptors. Therefore, no air quality impacts are anticipated. e.) No Impact — The proposal amendments to the Floodplain Management Ordinance do not include any physical development at this time. The proposed amendments may apply to future development projects within the City. However, the proposed amendments do not remove any odor -related regulations and would not foreseeably lead to a change in the generation of odor. IV. BIOLOGICAL a. -d.) No Impact — The proposed changes to Chapter 10.06 of the RESOURCES Municipal Code do not include the modification of any habitat and would not otherwise affect any candidate, sensitive or special status species identified by the Department of Fish and Game or the U.S. Fish and Wildlife Service. Further, the proposed changes to Chapter 10.06 of the Municipal Code will not have any adverse affect on any riparian habitat or wetlands as defined by Section 404 of the Clean Water Act. The proposed changes will provide consistency of the ordinance to current FEMA and DWR guidelines. In addition, there is no proposed alteration to any wildlife corridor or migratory fish corridor proposed and no change to any regulation or code protecting such resources. The proposed amendments to Chapter 10.06 of the Municipal Code would not remove environmental review requirements for any future developments. Therefore, the proposed amendments to Chapter 10 06 of the Municipal Code would cause no impacts to sensitive species, sensitive natural community, riparian habitat, or wetlands. e.), No Impact — The City of Santa Clarita has an Oak Tree Preservation Ordinance that regulates the development adjacent to and under oak trees. At this time, there are no proposed modifications to the Oak Tree Ordinance. Therefore, no impacts to oak trees or conflicts with the City's Oak Tree Preservation Ordinance would occur with the proposed project. f. -g.) No Impact — The proposed Municipal Code modifications propose no alterations to any local or regional habitat conservation plan. In addition, the proposed Municipal Code modifications will not affect any property designated as an SEA (Significant Page 21 of 28 Ecological Area) or SNA (Significant Natural Area) on the City's ESA (Environmentally Sensitive Area) Delineation Map. Therefore, no impact is anticipated with respect to any habitat conservation plan, SEA, or SNA. V. CULTURAL a. -d.) No Impact — The proposed changes to the Floodplain RESOURCES Management Ordinance of the Municipal Code will not have any impact on cultural resources in the City of Santa Clarita. The proposed modifications will not alter any unique geological feature, paleontological resource, any human remains or affect any historical or archeological resource, The proposed changes will provide consistency between the ordinance and current FEMA and DWR guidelines. All future development activity within the established areas would continue to' be required to comply with Goal 10 of the City's Open Space and Conservation Element, to protect the historical and culturally significant resources, which contribute to community identity and a sense of history. Therefore, no impact to any archeological, historical or cultural resource would be caused by the proposed modifications to Chapter 10.06 of the Municipal Code. VI. GEOLOGY AND a. i -iv) No Impact — Southern California has numerous active and SOILS potentially active faults that could affect the City. As stated in the City's General Plan, the City is susceptible to geologic hazards in the event of a major earthquake (magnitude 8.3) along the San Andreas Fault. This could result in ground failure and liquefaction. However, the proposed modifications to the Floodplain Management Ordinance would not change any land use entitlements, and would not change the requirements of future development to follow all state and City building codes/regulations. Therefore, the proposed Municipal Code amendments would have no impact related to exposure of people or structures to any adverse effects of seismic activity. b. -e.) No Impact — The proposed modifications to the Floodplain Management Ordinance will not result in any erosion or location of structures on or near unstable soil, expansive or otherwise. Furthermore, the proposal,would not affect requirements of future developments to comply with all state and City building codes/regulations. Therefore, the proposal would have no impact with respect to erosion, unstable or expansive soil. f. -i.) No Impact — The proposed modifications to the Floodplain Management Ordinance is a regulatory adjustment and does not include any development activities at this time. The proposed amendments will bring the Municipal Code into substantial Page 22 of 28 conformance with the State's Model Floodplain Ordinance. The proposed modifications do not involve any development that would alter topography, ground surface, or a physical feature and does not involve any earth movement or grading. Therefore, the proposed Municipal Code modifications would have no impacts on topography, graded slopes, or geological features. VII. HAZARDS AND a. -d.) No Impact — The proposed changes to Chapter 10.06 of the HAZARDOUS Municipal Code would not expose people or the environment to MATERIALS hazards or hazardous materials and would not interfere with any emergency response plans. The proposed modification to the Floodplain Management Ordinance is a regulatory adjustment and does not include any development activities at this time. The proposed amendments will bring the Municipal Code into substantial compliance with the State's Model Floodplain Ordinance. The proposed amendment does not alter the any regulations in the City's General Plan, development codes, or federal, state, or local regulations pertaining to hazardous materials. Therefore, no impact due to hazardous materials is anticipated with the proposed Municipal Code modifications. e. -f.) No Impact — The proposal includes no changes to land uses or development standards for land within 2 miles of an airport, airfield, or otherwise within an airport land use plan. Therefore, the proposed Municipal Code amendments would not affect the risks of land uses adjacent to airports or airfields and the proposal would have no related impacts. g.) No Impact — The proposed Municipal Code amendments would not affect the implementation of emergency response plans, and would have no related impacts. Conversely, the proposed amendment is intended to reduce flood hazards, thereby potentially reducing the need for emergency response. h.) No Impacts — The proposed Municipal Code amendments would not increase the risks of wildland fires, and would not change the regulations or development standards governing development adjacent to wildlands. Therefore, the proposed Municipal Code amendments would have no related impacts. VIII. HYDROLOGY_ a. -b.) No Impact — The proposed project would not impact water AND WATER quality standards, nor affect groundwater supplies. The proposed QUALITY modification to the Floodplain Management Ordinance is a regulatory adjustment and does not include any development activities at this time. The proposed amendments will bring the Municipal Code into substantial compliance with the State's Page 23 of 28 Model Floodplain Ordinance. Furthermore, the proposed project would not alter any Clean Water Act requirements, including the National Pollutant discharge Elimination System (NPDES). Therefore, the project will have no related impacts. c. -f.) No. Impact — The proposed project would not alter any existing drainage patterns, create or contribute any new runoff water, or substantially degrade water quality within the City of Santa Clarita. The proposed modification to the Floodplain Management Ordinance is a regulatory adjustment and does not include any development activities at this time. The proposed amendments will bring the Municipal Code into substantial compliance with the State's Model Floodplain Ordinance. Furthermore, the proposed project would not alter any Clean Water Act requirements, including the National Pollutant discharge Elimination System (NPDES). Therefore, the project will have no related impacts. It should be noted that future development within a special flood hazard area would be required to make physical improvements to remove the involved site from the special flood hazard area. Such flood improvements could include alteration of a stream or river, such as channelization, armoring of banks,' etc. However, since no such improvements are currently proposed or under consideration, the potential impacts of such future improvements are too speculative to evaluate at this time. Regardless, at the time such future improvements are proposed, they will be subject to individual environmental review on a project -by -project basis. g. -i.) No Impact — The proposed changes to Floodplain Management Ordinance (Chapter 10.06 of the Municipal Code) will not remove any of the floodplain requirements. The proposed changes include additional and modified definitions, updates and additional provisions. The intent of the changes in ordinance are to clarify the procedures and policy that must be followed when developments within the 100 year floodplain are proposed. The proposed amendments will bring the Municipal Code into substantial compliance with the State's Model Floodplain Ordinance. In addition, the proposed amendment would not alter or change any Flood Hazard Boundary or Flood Insurance Rate Map and does not include any development activities. Further, the proposed amendment includes a provision that all Letter of Map Revisions (LOMR) and Conditional Letters of Map Revisions (CLOMR) be obtained from FEMA, if applicable, prior to the City's issuance of a building permit. As such, the project would have no related impacts. Page 24 of 28 j. -m.) No Impact — The proposed changes to the Floodplain Management Ordinance will not have any impact: 1) caused by inundation by seiche, tsunami, or mudflow, 2) changes in surface water and/or groundwater, 3) modification of a wash, channel creek or river, or 4) runoff of Stormwater Management systems. As mentioned previously, the proposed project is an amendment for a Floodplain Management Ordinance, and will not be responsible for any development impacts. The proposed amendments will bring the Municipal Code into substantial compliance with the State's Model Floodplain Ordinance. The amendment does not create any changes to any Clean Water Act Requirements, including the National Pollutant discharge Elimination System (NPDES). Therefore, the project will have no related impacts. IX. LAND USE AND a.) No Impact — The proposed amendments will bring the Municipal PLANNING Code into substantial compliance with the State's Model Floodplain Ordinance. The proposed amendment to the Floodplain Management Ordinance is a regulatory adjustment and does not include any development activities at this time. No established community would be disrupted or physically divided due to the proposed adjustments and, therefore, no impact would occur. b.) No Impact — The proposed amendments will bring the Municipal Code into substantial compliance with the State's Model Floodplain Ordinance. The proposed amendments do not conflict with any applicable land use plan, policy or regulations and would have no related impacts. c.) No Impact —The proposed Municipal Code modifications propose no alterations to any local or regional habitat conservation plan or natural community conservation. In addition, no development activities are included with the amendments. Therefore, the project would have no adverse impacts on conservation plans. X. MINERAL AND a: -c.) No Impact — The City of Santa Clarita is rich in mineral ENERGY resources. Gold mining and oil production historically have been RESOURCES the principal mineral extraction activities in and around the Santa Clarita Valley. Other minerals found in the planning area include construction aggregate, titanium, and tuff. Mineral resources and extraction areas are shown in Exhibit OS -5 of the City's General Plan. The proposed amendments to the Floodplain Management Ordinance (Chapter 10.06 of the City's Municipal Code) would not result in an increased removal or use of any mineral and energy resources. As such, the proposed modifications to the Page 25 of 28 Floodplain Management Ordinance will not impact any known mineral resources or energy resources in the City. XI. NOISE a. -d.) No Impact — The proposed modifications to the City's Floodplain Management Ordinance will not expose persons to the generation of excess noise levels or groundborne vibration and would not increase ambient noise or temporary noise in the City of Santa Clarita. The Floodplain Management Ordinance, in fact, does not propose any development at this time that would impact noise levels in the City. The proposed amendments may apply to future development projects within the City. However, the proposed amendments do not remove any noise -related regulations and would not foreseeably lead to a change in the generation of noise. Therefore, no impact to noise levels is anticipated with the project. e.-£) No Impact — There are no airports, airfields, or airport land use plans within the City. Therefore, the proposed amendments to the Floodplain Management Ordinance would cause no impacts related to airport noise. XII. POPULATION a. -c.) No Impact — The proposed amendments to Chapter 10.06 of AND HOUSING the Municipal Code would not induce substantial population growth in the City, either directly or indirectly, nor would any of the proposed activities cause displacement of existing homes or people. The proposed project is a regulatory adjustment and does not include any development activities at this time. The proposed amendments to Chapter 10.06 of the Municipal Code would not alter the City's population projections and are consistent with the City's General Plan. Therefore, the project would have no impacts to population and housing. XIII. PUBLIC a)i. No Impact — The proposed amendments to Floodplain SERVICES Management Ordinance of the Municipal Code reflect changes in procedures made by the Federal Emergency Management Agency (FEMA). Since the proposed Floodplain Management Ordinance amendments do not include any physical development that would increase the population of the City of Santa Clarita at this time, the proposed changes would have no impact on fire protection services. Any future development would remain subject to development fees. As such, the project would have no impacts on fire services. a)ii. No Impact — The proposed amendments to Floodplain Management Ordinance of the Municipal Code reflect changes in procedures made by the Federal Emergency Management Agency Page 26 of 28 (FEMA). Since the proposed Floodplain Management Ordinance amendments do not include any physical development that would increase the population of the City of Santa Clarita at this time, the proposed changes would have ho impact on police services. Any future development would remain subject to development fees. As such, the project would have no impacts on police services. a)iii. No Impact — The proposed amendments to Floodplain Management Ordinance of the Municipal Code reflect changes in procedures made by the Federal Emergency Management Agency (FEMA). Since the proposed Floodplain Management Ordinance amendments do not include any physical development that would increase the population of the City of Santa Clarita at this time, the proposed changes would have no impact on school services. In addition, any future development would remain subject to school development fees, which are established to compensate for growth. As such, the project would have no impacts on school services. a)iv. No Impact — The proposed amendments to Floodplain Management Ordinance of the Municipal Code reflect changes in procedures made by the Federal Emergency Management Agency (FEMA). Since, the proposed Floodplain Management Ordinance amendments do not include any physical development that would increase the population of the City of Santa Clarita at this time, the proposed changes would have no impact on public parks. In addition, any future development would remain subject to park impact fees, which are established to compensate for growth. XIV. RECREATION a. -b.) No Impact — The proposed changes to the Floodplain Management Ordinance will not have any impact on recreational amenities within the City of Santa Clarita. The proposed project is a regulatory adjustment and does not include any development activities at this time. As such, no impact to recreation would be caused by the proposed Floodplain Management Ordinance modifications. XV. a. -b.) No Impact — The proposed amendments will bring the TRANSPORTATION / Municipal Code into substantial compliance with the State's TRAFFIC Model Floodplain Ordinance. The proposed project would have no developmental impacts that would cause an increase in traffic load and capacity on street systems. Therefore, the proposed Municipal Code amendment would not result in any new or different traffic impacts. c. -h.) No Impact — The project would have no impacts on City traffic systems including emergency routes, parking capacity, pedestrian Page 27 of 28 or bicycle routes, air traffic patters, or increased hazards due to a design feature or incompatible use. The proposed amendments will bring the Municipal Code into substantial compliance with the State's Model Floodplain Ordinance. The proposed amendments will not have any changes to the Circulation Element of the City's General Plan, the City's roadway design and parkway standards, or any adopted policies, plans, and programs supporting alternative transportation. Therefore, the project would have no associated impacts. XVI. UTILITIES AND a. -g.) No Impact — The proposed amendment to Chapter 10.06 of the SERVICE SYSTEMS Municipal Code does not include any development at this time. Therefore, the project would not result in the construction of new water or wastewater facilities, expansion of existing facilities, alter drainage patterns, or affect water treatment services; and, furthermore, no impacts to landfill capacity would occur. Any subsequent development would be required to comply with the City's General Plan and the requirements of the Regional Water Quality Control Board and all applicable utility purveyors. Compliance with these requirements would ensure all federal, state and local statutes and imposed regulations are met. Therefore, no impacts to utilities or service systems would occur. XVII. MANDATORY a. -c.) No Impact — The project will have no impact on the FINDINGS OF environment that would lead to a substantial reduction in habitat of SIGNIFICANCE a fish or wildlife species, or reduce or restrict the number of rare, threatened or endangered species. The proposed amendments will bring the Municipal Code into substantial compliance with the State's Model Floodplain Ordinance. The proposed amendments do not remove any established City regulations that protect any plant and animal species. Due to the nature of the proposed amended Floodplain Management Ordinance, the proposal would not contribute to any cumulative impacts and would not cause enviromnental effects that would adversely affect humans. Rather, the purpose of the Municipal Code amendment is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied unifonnly thought the community to all publicly and privately owned land within flood prone areas. Therefore, the proposed project would have no impacts that could result in a Mandatory Findings of Significance. Page 28 of 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING TITLE 13 (HIGHWAYS) OF THE SANTA CLARITA MUNICIPAL CODE MODIFYING DEVELOPMENT STANDARDS FOR RESIDENTIAL DRIVE APPROACHES AND CONSTRUCTION ON NEW OR RECENTLY REHABILITATED ROADWAYS WHEREAS, the City has adopted standards for driveway widths for single and multi -family residences with two -car garages but does not address driveway widths for single and multi -family residences with three -car garages; WHEREAS, the proposed amendments include adopting standards for driveway widths for single and multi -family residents with three -car garages; WHEREAS, the City has experienced substantial growth including extensive additions and improvements to the City roadways resulting in encroachments into newly constructed or rehabilitated roadways; WHEREAS, the proposed amendments limit encroachments into newly constructed or rehabilitated roadways, as well as providing provisions for enhanced paving requirements to ensure proper repair, function, and to reduce aesthetic impacts should encroachment be necessary; WHEREAS, the proposed amendments are consistent with and further implement the Goals and Policies of the City of Santa Clarita General Plan; WHEREAS, the City Council of the City of Santa Clarita conducted a duly noticed public hearing 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 Municipal Code are consistent with the City of Santa Clarita General Plan. SECTION 2. The proposed amendments to Title 13 of the Santa Clarita Municipal Code are hereby adopted as follows: Chapter 13.16 CONSTRUCTION WORK 13.16.060 Driveways - Width Specifications. The width of an individual driveway shall be calculated as, the net width, exclusive of side slopes and returns, measured along the line of the curb or centerline of the highway. The width of an individual driveway shall be not less than ten (10) feet and shall not exceed in width: A. Twenty (20) feet if the driveway serves 2 -car residential or apartment garages. Thirty (30) feet if the driveway serves 3 -car residential or apartment garages; Chapter 13.18 EXCAVATIONS AND ENCROACHMENTS 13.18.035 Restrictions on New and Rehabilitated City Roadways. Except for emergency situations, and at the discretion of the City Engineer, no encroachments will be allowed in a street for a period of five (5) years following new construction or if a rehabilitation/overlay of the street has been performed. No encroachments will be allowed in a street for a period of two (2) years after slurry has been performed. In the event an encroachment is approved, repairs to the pavement must be constructed per the Expanded Pavement Requirements in the City's Encroachment Permit Policy. 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. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. 2 PASSED, APPROVED AND ADOPTED this 26th day of August, 2008. MAYOR 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- 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: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 08 - and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Cl STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 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-, 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 '2008. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk I 5 ORDINANCE NO. 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, recommending 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. 2 PASSED, APPROVED AND ADOPTED this 26th day of August, 2008. MAYOR 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- 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: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 08 - and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK 3 I STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I 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-, 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 , 2008. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 11 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 subseetion 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 31 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 14th 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 31 UDC Changes 2008 Exhibit "A" 17.03.025 Master Plans. 17.03.030 Tentative Subdivision Maps. 17.03.040 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 Ridgetine 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 fas the development agreement as such was applied for or in modified form. If the netion, by resolution of the Planning Go . . ' . s to den), the appliention, said aetion shall be final, unless appealed in writing to the Gith, , Couneil within fifteen (15) ealendar- F. City Council Action. After receipt of the Commission's recommendation of approval or following an appeal o" denial by the Planning Commission, 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 elan (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 safey-uard and enhance environmental amenities, such as oak trees and significant rid2elines, 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. Page 3 of 31 UDC Changes 2008 Exlubrt "A" 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 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 protects 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 Page 4 of 31 UDC Changes 2008 Exhibit "A" 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 not limited to landscape, transportation and building, as required by this chapter. Permitted and conditionally permitted 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 same frond,,, FeqUiFed f a .ninon,. use per -Blit a required f master p!. The Council shall make the following findings for the approval of a master 1p an: 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 Dire^*^r ^r Planning Commission may grant a variance or adjustment -to a property development standard prescribed by this development code, as the Page 5 of 31 UDC Changes 2008 Exhibit "A" 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 OF adjustm 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 3. That granting the variance OF adjustm 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 oF adjustm 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 adiustment is necessary for the preservation and enioyment 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 incurious to the property or improvements in such vicinity and zone in which the property is located. F.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. G. 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: Page 6 of 31 UDC Changes 2008 Exhibit "A" I . 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. H-. I. Expiration and Extension. An extension of a variance or adjustment may be granted pursuant to Section 17.01.160. L 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. X 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. K 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 subiect to approval of the Director of Parks, Recreation, and Community Services. 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. 16. Temporary uses in excess of one (1) year, but less than five (5) years will be subiect 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, narking 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 adiacent 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 Page 7 of 31 UDC Changes 2008 Exhibit "A" 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: 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. B-. D. Conditions. Home occupations shall be subject to the following conditions: 1 -3 oflowing businesses shall not be operated out of a home and shall not be peFfnitted by home oeeupation • > therapists, on site massage > eommeFeial kennels,eommer-eial stables breeding f...,:l;ties and forensie testing 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 Page 8 of 31 UDC Changes 2008 Exhibit "A" 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: 1. 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. 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. Page 9 of 31 UDC Changes 2008 Exhibit "A" 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 measures designed 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 provisions of this code. The Director may refer any request for an oak tree permit directly to the Planning Commission if the Director determines 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. Page 10 of 31 UDC Changes 2008 Exhibit "A" 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 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. Page 11 of 31 UDC Changes 2008 Exhibit "A" 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 43:13. Wireless Communications Facilities 4.3:14. 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 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. g. insur 1 h. Real estate , 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 not incorporate a solid waste transfer station as an accessory use. Page 12 of 31 UDC Changes 2008 Exhibit "A" Attorneys;e. • Counseling ci e. Computer- softwar-e designers - g. insur 1 h. Real estate , 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 not incorporate a solid waste transfer station as an accessory use. Page 12 of 31 UDC Changes 2008 Exhibit "A" 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. 43:13. 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. X14. 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. Page 13 of 31 UDC Changes 2008 Exhibit "A" Chapter 17.13 PERMITTED USE CHART Sections: 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 14 of 31 UDC Changes 2008 Exhibit ' W' n f I-, C:) U y U� b U O C y r4 N N � ❑ o Icd I� a�va� z Chapter 17.15 PROPERTY DEVELOPMENT STANDARDS 17.15.020 Property Development Standards: Agricultural and Residential Zones A. Setbacks 6. Accessory Buildings and Structures. e. F44ies, pPlatforms, 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, T 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 Page 16 of 31 UDC Update 2008 Exhibit "A" NOTE: PERMIT PROCESSING FOR SPECIFIC PLAN APPLICATIONS IS BEING RELOCATED TO 17.03.01 S AND IS NOT BEING REMOVED FROM THE UNIFIED DEVELOPMENT CODE. 17.16.030 SP—Specific Plan Zone. A. Pur -pose. The speeffie plan (SP) zone is to nehieve the following purposes.! 1. Topromote and p oteet the publie health, safety and welfare. 2. To implement the objeetives and polieies of the General Plan. 3 To safeguard and enhane8-eiiV;lAmiieAt-&l amenities, sueh as oak trees and signifleant + e s1 and enhanee the quality of developm ' 4.. To attain thephysieal, soeial and eeonofrAeadvantage Fesultin eompr-ehensive and or-deFly planned use of land r-esour-ees. from f• , flood and etheF dangers; to provide f F adequat, , sunlight an open spaee; to promote andeneour-age eonserwation of sear-ee resour-ees; to f6eilitate the -erection vis-eenvenient, attFaetiie an`1�onious e9 ; to attain -a desirable balanee of residential and employment i and to expedite the on of adequate and essential publie ser-viees. 6. To faeflitate development within the-Qt�, in nee6r-danee withthe >eonsequently, more eFeative and imaginative designs for large seale development pFojeets than general!), is Yo undeF eonventional zoning regulations. 7. To pFofnote-mor. a! and -effieient--use of the land while industrial- aetivities, a high level of ...ban amenities and atio of HatuFal and s..eme qualities of open spaee. g. T provis foitiatio"' el large wale eompr-ehensively planned eommunities that affor-ds the maximum flexibility to the developer within the eontext f an over-all development program and _r. eeif;.. phased development plans eoor-dinated with the provision of neeessar-y publie R:A.Use Regulations. 1. Allowable uses in each specific plan zone shall be as established by the specific plan. 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 terminated, 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. EB. Property Development Standards. 1. General Requirements. Page 17 of 31 UDC Update 2008 Exhibit "A" 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. 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 appropriate 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 Page 18 of 31 UDC Update 2008 Exhibit "A" 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. D 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. F,. 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 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. Page 19 of 31 UDC Update 2008 Exhibit "A" 5. Following initial ureliminary consultation pursuant to this section, the Director may require presentation of the conceptual specific plan to the Planning Commission and City Council. F. Adoption of a Speeifie Plan-. 1. Following initial--pFeli eonsultation pursuant to this—seetion, the Dir-eetor- m - irepFesentat}en of the-eoneeptnal speeifie plan to the Planning 1__�nmdissiioon and City Couneil. 2. An applieatio , for- a „eei€ie-plan zone, if required, and the s ,,;f;,. plan subntitted with the appheation shall be subjeet to r-eview and appr-oval in the - same Mann ibed in Seetion 17.03.02& • Eaeh speeffie plan zone established shall be indieated on the zoning map the letter- followed by a Twee --number- identifying the zone. Th speeffie plan as modified and appr-oved by the City Couneil shall be adopted by OFdinanee-. G. Speeir;,. Plan A ., a d., eats , . A peeffie-plan may be amendedinthe -same manner- as pFovided by Seetion 17.03.020. Amendment of a speeifie plan sha be subjeet to the same findings RS pFeSer-ibed, for- initial ennetment oF implementation of plan-zone--and--adoption of the speeifie -plRn applieable to the speeifie plan zone. 2 An amendment to a eif:..plan m be initiated by the Cit. !''.,,,neil A., amendment may also be initiated by the applieant for- the speeifie plan zone thereto, provided eh pl; ntor-sueeessor- has, at the time development or- management of uses within the speeifie plan zone. 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 permits, 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 permit. Applications and fees shall be submitted pursuant to Section 17.01.090 of this development code. NOTE: PERMIT PROCESSING FOR RIDGELINE ALTERATION PERMITS IS BEING RELOCATED TO 17.03.125 AND IS NOT BEING REMOVED FROM THE UNIFIED DEVELOPMENT CODE. Page 20 of 31 UDC Update 2008 Exhibit "A" D. AppFeving hold .,l.l;.. Commission'sTeview r-eeommendation Authority. 1, on the The for- shall r-equiFed Planning a pr-ojeet be ndvisor-y-te findings. Commission in the RPover-lay the City The City and the City Counn.l Couneil Couneil z and shalll�l--hie shall be shall eftel -de-s the app identified -AIgekne- 1. The proposed hall be use Per -mined is in eonfer-manee when e with the var-ious goals , the City and polieies 0 the !'',,,..,,...1 1 The USe F Dl.,,, development of the will neighbor -hood not be materially or- eommunity, det,-;,1 noF ent.11 will it t., the .11 endaHgeF the publie 3. The appear-anee appear-anee health,ehar-aeter- of adjoining eneral of the use Adgeline . or- development areas so will not as to-eause be different depr-eeiation than the of the 4. The establishment the ,. 5. it has 6. The use extent ..1 been or- pr-aefleable and demoHStFated development of the proposed .-a.,.-1., development that should to enSHFe use and the proposed wAnimize that the natural or- development usix Ar- the effeets ehar-aeteF will ,.t .,f development of gr-ading of the not impede sm„a;.... Will HO to the Adgelifte is 7. The proposed Adgelines * n the 9. The topogr-aphy Fients Gity proposed use with established of Santa use to the oF Oevelopment uses and in Clar-ita or- development greatest maintains development Seetion 17.80.035-. Hillside Development is extent possible the eonsistent Guidelines. designed to through appear-anee wAn-Ae the use of natur-a with density the existing of landfor- 10. The proposed site design residents .,f the M. The proposed 1 Tl., 1O� 1-II,+-YIV undue of City �1J1V1/J{illi{IIII�I�. eeonowie use r-esultin ,,,,t Of e.,,.t., use .. development only the proposed r HFit., or- development ,.a implementation hardship or- demonstrates Mt that will use F HS a „hole does not of deny the minimal e eomplement development, alter- natural this eet;.,,, use of .,tiye and the but landmar-lis does the land. imaginative eommunity the residents an not .,t„ an Page 21 of 31 UDC Update 2008 Exhibit "A" ��Aet}efl- Tl}e-aetien of to approve, approve with eonditions and/or modifientions, OF deny the Fidgeline alteration per -mit is fi 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. H-. 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 permitting 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. 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. NOTE: OAK TREE STANDARDS ARE BEING RELOCATED TO 17.03.140 AND ARE NOT BEING REMOVED FROM THE UNIFIED DEVELOPMENT CODE. 14. Standards. 1. The eondition or- loeation aid its health, balanee of the oak tr-ee(s) or StFlletuFew requires eutting to maintain or - 2. The eondition of the tr-ee(s) with respeet to disease, dangeF of fallin% pr-oxintity to existing lots, pedestrian walkways or- iffteFfer-enee with utilib Page 22 of 31 UDC Update 2008 Exhibit "A" tamed—orr-em� tative-pre^ , r-ekeeate, pFune; L. H. Conditions. Conditions may be imposed on the permit at the discretion of the decisiornmaker, 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 23 of 31 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. 1. 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 24 of 31 UDC Update 2008 Exhibit "A" Director's determination to suspend a permit 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 Community Developmen Public Works because of topographical or other conditions_ no ortio of a ,1,.;.,^._ ay pFovidiftg HeeeSS tO pairldlig-areas5h-all-exceed-a slope of twentj`(20)-Ner-eent. Where there is a ehange iii—the slope of c FiVe;i idin,` sueh aeeess, it must be demonstrated that ..Melee . ,.11 be able to pass oveF ..h ehange i slope without inteFfer-enee with their- undeFear-r-inges. 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 maior, 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 Page 25 of 31 UDC Update 2008 Exhibit "A" 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. 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 permit in commercial and industrial zones for parking adjustments over 20%, and with annroval of an adiustment 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. 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 below the existing R „a c rf� Page 26 of 31 UDC Update 2008 Exhibit "A" 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 M 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 Transportation and Engineering SeFviees Public Works as being necessary for the support, construction or maintenance of a public road; 11. Exploratory excavations under the direction of soils 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 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 own, use, or 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(5) Plans and Specifications. VA Page 27 of 31 UDC Update 2008 Exhibit "A" 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 f==rieen (15) for 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 int 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 as ,1,.*,.,.wAnea by AST -A4 Soil r..,.,paetion Test D 1557 , .=,1,ere shall be used. 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 Engineers however, a minimum of ten (10) percent of the required density 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 Page 28 of 31 UDC Update 2008 Exhibit "A" r 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. 1. Fills not intended to support str-uetuires need not be eompaeted to these standards if the City Engineer- deter-wAnes that sueh eompaetion- neeessar-y as a safety measure. In maldng this deter-wAnation, the City Engineer- may requim that an investigation be made by a soi e i Leer to establish the-ehaFaeter-isties of the soil, the amount o soil,addition of top oF by otheF methods, 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, Tthe 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, MIheFe the slope of the existing ground sur-faee is five (5) her-izenta to one veFtieal or- steepeir, the fill shall be supported on level benehes eu into—ee AeFial. 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 loeatien 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. Page 29 of 31 UDC Update 2008 Exhibit "A" D. Fill Material. Detrimental amounts of Organic material shall not be permitted in fills: unless substantiated by the geotechnical engineer and accepted by the City Engineer. Soil eontaining small amounts of r-oots allowed;maybe providing, that the FOOtS are in a quantib, and distributed : a manner that ill not be detrimental to the future . of the site and the use of s ..1, material . approvedby the soils ., 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. , approved by t�e Gib, Engineer- and meeting the folio -Ai - . . Fnents. 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 continuously inspects its placement and approves the fill stability. The following shall also apply: i The oversizedmaterial shall be placed ten n m feetor- ore Belo finished grade-; 2. A r-epresentative of the soils engineer- shall be present while the oversized material is plaeed and eovered; 3--The--reperts subwAtted by the soil engineer- shall aeknowledge-the plaeement of the oversized material and whetheF the W0Fk performed .. . aeeoFdanee with his r-eeommendations and the approved plans; and 4. The 1eeation of the oversized r-oek dispersal areas shall be ol,.,wn on plan;the as built 5. Steekpiled- sod, sand OF gravel be-eovered or stabilized its to prevent erosion by wind orwateF. 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 equal to or steeper than steeper than or equal to three (3) horizontal to one (1) vertical or any Page 30 of 31 UDC Update 2008 Exhibit "A" 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 own, 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 permit 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 31 of 31 UDC Update 2008 Exhibit "A" 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 Tentative Subdivision Maps. 17.03.040 Conditional Use Permits and Minor Use Permits. 17.03.045 Nonconstruction Conditional Use Permits and Nonconstruction Minor Use 17.03.090 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 permitted 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 17.0 1.110 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 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. 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: 1. 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 measures designed 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 determines 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 11 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(1), 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. Page 12 of 26 UDC Changes 2008 Exhibit "A" Chapter 17.13 PERMITTED USE CHART Sections: 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" n IS 1-, M 1-11-. M M .-. M e-, M ^,� M M H 0 N X x ^ ^ O U U o U a s 1=4 U U 0 U a a U � U N =F 40- u U N � � � � b U r-+ >C x X a a X x a� o Q x x u a ^ U 03 Qn �Cd o W W) � U •b cd U W) U w r.o 0 b D a 3 ,� o 3 ai OO U O 0 M b U O O r � b •.. O v c� O a cd OZ3 0 O. cn co 3 O O 7-4 Q ,M.i l- � n N N M O 4 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 terminated, 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 appropriate 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 permits, 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 permit. 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 permitting 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. r 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 decisionmaker, 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�'Intemational 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 permit 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 permit 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. Page 22 of 26 UDC Update 2008 Exhibit'"A" 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 permit 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" CITY OF SANTA CLARITA NEGATIVE DECLARATION [X] Proposed [ ] Final MASTER CASE NO: 08-038 PERMIT/PROJECT NAME: Unified Development Code Amendment 08-001 APPLICANT: City of Santa Clarita LOCATION OF THE PROJECT: Citywide THE PROJECT: The City of Santa Clarita is conducting its annual Unified Development Code (UDC) Amendments. The annual amendments include minor changes to clarify the intent of the UDC, keep the UDC up to date with State regulations, and correct minor spelling and grammar corrections. Based on the information contained in the Initial Study prepared for this project, and pursuant to the requirements of Section 15065 of the California Environmental Quality Act (CEQA), the City of Santa Clarita [X] City Council [ ] Planning Commission [ ] Director of Planning and Building Services finds that the project as proposed or revised will have no significant effect upon the environment, and that a Negative Declaration shall be adopted pursuant to Section 15070 of CEQA. Mitigation measures for this project [X] Are Not Required [ ] Are Attached [ ] Are Not Attached Lisa M. Webber, AICP PLANNING MAN Prepared by: Patrick Leclair, Associate Planner (Signature) (Name/Title) Approved by: Sharon Sorensen, Senior Planner (Signature) (Name/Title) Public Review Period From April 18, 2008 To May 20, 2008 Public Notice Given On April 18, 2008 [X] Legal Advertisement [ ] Posting of Properties [ ] Written Notice CERTIFICATION DATE: S TMCURRENM12008\08-038 (UDC)\08-038 Neg Dec.doc INITIAL STUDY CITY OF SANTA CLARITA Project Title/Master Case Number: Master Case 08-038 City of Santa Clarita Annual Unified Development Code Amendments (UDC 08-001) Lead Agency name and address: City of Santa Clarita 23920 Valencia Blvd., Suite 302 Santa Clarita, CA 91355 Contact person and phone number: Patrick Leclair Associate Planner (661) 255-4330 Project location: Citywide Applicant's name and address: City of Santa Clarita 23920 Valencia Blvd., Suite 302 Santa Clarita, CA 91355 General Plan designation: - N/A Zoning: N/A Description of project and setting: The City of Santa Clarita is preparing annual amendments to Chapter 16 and 17 of the City's Municipal Code (the Unified -Development Code or UDC). Updates are prepared annually to correct minor grammar and spelling errors, clarify the intent of the UDC, and to keep the UDC up to date with current planning and development trends. Changes associated with the annual updates to the UDC affect property citywide and will guide future development within the City of Santa Clarita. The changes are not anticipated to either directly, or indirectly, result in any future, foreseeable development. All future development affected by these changes will be evaluated on a case by case basis oto determine their impacts on the environment pursuant to CEQA. Therefore, the findings in this Initial Study relate only to the UDC changes themselves. In addition to minor spelling, grammar, and other minor Master Case 08-038 UDC 08-001 Page 2 of 30 modifications, the amendments contained in UDC 08- 001 consist of the following; 17.01 Administration 1. Clarification to the appeal process was added for instances when an appellant withdraws their complaint. 17.03 Permits and Applications 2. Changes to the approval process for Development Agreements. ' 3. The Specific Plan entitlement application process was relocated from Section 17.16.030 of the UDC. In addition, findings were revised to be more applicable to specific plans. 4. Findings for Master Plans were incorporated in this section. Previously this section referred to the Conditional Use Permit findings. 5. Findings were created for Adjustments. Previously Variances and Adjustments shared the same findings. 6. A Temporary Use Permit for temporary uses up to five years was created. 7. A list of uses subject to a Home Occupation Permit was created. 8. The Ridgeline Alteration Permit process was relocated from Section 17.16.055 of the UDC. 9. The Oak Tree Permit process was relocated from Section 17.17.090 of the UDC. 17.05 Pre -Existing Legal Uses and Structures 10. Parking requirements for new uses in pre-existing shopping centers was clarified. 11. The interpretation of pre-existing setbacks for residential uses was clarified. 17.07 Definitions 12. Definitions were created or modified for "Barnyard animal", "Co -location", "Licensed bed", and "Open Space". 17.12 Use Type Classifications 13. Use Type Classifications and/or definitions for use types were created or modified for Transitional Housing, Wine Bars, Call Centers, Materials Recovery Facility, and Zoos. Master Case 08-038 UDC 08-001 Page 3 of 30 17.13 Permitted Use Chart 14. Permitted status was created or modified for Call Centers, Homeless Shelters, Contractor's Yards, Wireless Communications Facilities, and Zoos. 17.15 Property Development Standards 15. The prohibition ,of vehicles and recreational vehicles as residences was clarified in residential and commercial zones. 17.17 Special Uses and Standards 16. Specific Development Standards were created for Homeless Shelters consistent with State regulations. 17.18 Parking Standards 17. Design standards for driveways and drive approaches were created, 18. Parking standards were created for Call Centers. 17.19 Sign Regulations 19. Definitions for "Corporate Flag" and "Sign" area were created. 17.21-17.28 Grading 20. Minor modifications to the Grading portion of the UDC to clarify the permit process, exemptions, and development standards for Grading Permits in the City. Surrounding land uses: N/A Other public agencies whose N/A approval is required: A. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or a "Less than Significant with Mitigation" as indicated by the checklist on the following pages. [ ] Aesthetics [ ] Agriculture Resources [ ] Air Quality [ ] Biological Resources [ ] Cultural Resources [ ] Geology / Soils [ ] Hazards & Hazardous [ ] Hydrology / Water [ ] Land Use / Planning Materials Quality [ ] Mineral Resources [ ] Noise [ ] Population / Housing [ ] Public Services [ ] Recreation [ ] Transportation / Traffic [ ] Utilities / Service Systems [ ] Mandatory Findings of Significance B. DETERMINATION: On the basis of this initial evaluation: [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and Z) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Master Case 08-038 UDC 08-001 Page 5 of 30 [) I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the propgrd project, nothing further is required. Al ' / 7A99 Patrick Leclair, Associate Planner Date Sharon Sorensen, Senior Planner Date Master Case 08-038 UDC 08-001 Page 6 of 30 C. EVALUATION OF ENVIRONMENTAL IMPACTS: I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, primary/secondary ridgelines, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation e)Other I I I [] H. AGRICULTURE RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or [ ] [ ] [X] [ ] Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or [ ] [ ] [X] [ ] a Williamson Act contract? c) Involve other changes in the existing environment [ ] [ ] [X] [ ] which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? 1) Master Case 08-038 UDC 08-001 Page 7 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation d)Other [] I I I III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the [ ] [ ] [X] [ ] applicable air quality plan? b) Violate any air quality standard or contribute [ ] [, ] [X] [ ] substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of [ ] [ ] [X] [ ] any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant [ ] [ ] [X] [ ] concentrations? e) Create objectionable odors affecting a substantial [ ] [ ] [X] [ ] number of people? f)Other [] [] I I IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or [ ] [ ] [X] [ ] through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 0 Master Case 08-038 UDC 08-001 Page 8 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Have a substantial adverse effect on any riparian [ ] [ ] [X] [ ] habitat or other sensitive natural community identified in ,local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally [ ] [ ] [X] [ ] protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, 'filling, hydrological interruption, .or other means? d) Interfere substantially with the movement of any [ ] [ ] [X] [ ] native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances [ ] [ ] [X] [ ] protecting biological resources, such as a tree preservation policy or ordinance? Oak trees? f) Conflict with the provisions of an adopted Habitat [ ] [ ] [X] [ ] Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Affect a Significant Ecological Area (SEA) or [ ] [ ] [X] [ ] Significant Natural Area (SNA) as identified on the City of Santa Clarita ESA Delineation Map? h)Other [] [] [] [] V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the [ ] [ ] [X] [ ] significance of a historical resource as defined in '15064.5? Master Case 08-038 ` UDC 08-001 Page 9 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Cause a substantial adverse change in the [ ] [ ] [X] [ ] significance of an archaeological resource pursuant to ' 15064.5? c) Directly or indirectly destroy or impact a unique [ ] paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred [ ] outside of formal cemeteries? e) Other [ ] VI. GEOLOGY AND SOILS —Would the project: a) Expose people or structures to potential substantial [ ] adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as [ ] delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? [ ] iii) Seismic -related ground failure, including [ ] liquefaction? iv) Landslides? [ ] b) Result in substantial wind or water soil erosion or the [ ] loss of topsoil, either on or off site? [] IN [] [] IN [] [] [X] [] [] [X] [] Master Case 08-038 UDC 08-001 Page 10 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation c) Be located on a geologic unit or soil that is unstable, [ ] [ ] [X] [ ] or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- [ ] [ ] 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the [ ] [ ] use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Change in topography or ground surface relief [ ] [ ] features? g) Earth movement (cut and/or fill) of 10,000 cubic [ ] [ ] yards or more? h) Development and/or grading on a slope greater than [ ] [ ] 10% natural grade? i) The destruction, covering or modification of any [ ] [ ] unique geologic or physical feature? j) other [ ] [ ] VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the [ ] [ ] environment through the routine transport, use, or disposal of hazardous materials? I [XI [X] [X] [X] [X] [X] Master Case 08-038 UDC 08-001 Page 11 of 30 b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving explosion or the release of hazardous materials into the environment (including, but not limited to oil, pesticides, chemicals, fuels, or radiation)? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] I 1X1 I [1 11 1X1 11 11 11 [X1 11 11 11 11 1X1 11 11 [1 [X1 11 11 [X1 [1 11 11 1X1 [1 Master Case 08-038 \ UDC 08-001 Page 12 of 30 i) Exposure of people to existing sources of potential health hazards (e.g. electrical transmission lines, gas lines, oil pipelines)? Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation [] [] [X] [] j)Other [J [J I VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste [ ] [ ] IN discharge requirements? b) Substantially deplete groundwater supplies or [ ] [ ] [X] interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the [ ] [ ] [X] site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the [ ] [ ] [X] site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would [ ] [ ] [X] exceed the capacity of existing or planned storrnwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? [ ] [ ] IN Master Case 08-038 UDC 08-001 Page 13 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation g) Place housing within a 100 -year flood hazard area as [ ] [ ] [X] [ ] mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures [ ] [ ] IN [ ] which would impede or redirect flood flows? i) Expose people or structures to a significant risk of [ ] [ ] [X] [ ] loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? [ ] [ ] [X] [ ] k) Changes in the rate of flow, currents, or the course [ ] [ ] [X] [ ] and direction of surface water and/or groundwater? i i) Other modification of a wash, channel creek or river? [ ] [ ] [X] [ ] 1) Impact Storm water Management in" any of the [ ] [ ] [X] [ ] following ways: i) Potential impact of project construction and [ ] [ ] IN [ ] project post -construction activity on storm water runoff? ii) Potential discharges from areas for materials [ ] [ ] [X] [ ] storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas? iii) Significant environmentally harmful increase in [ ] [ ] [X] [ ] the flow velocity or volume of storm water runoff? iv) Significant and environmentally harmful [ ] [ ] IN [ ] increases in erosion of the project site or surrounding areas? Master Case 08-038 1 UDC 08-001 Page 14 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation v) Storm water discharges that would significantly [ ] [ ] [X] [ ] impair or contribute to the impairment of the beneficial uses of receiving waters or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.) vi) Cause harm to the biological integrity of [ ] [ ] IN [I drainage systems, watersheds, and/or water bodies? vii) Does the proposed project include provisions [ ] [ ] [X] [ ] for the separation, recycling, and reuse of materials both during construction and after project occupancy? IX. LAND USE AND PLANNING - Would the project: a) Disrupt or physically divide an ' established [ ] [ ] [X] [ ] community (including a low-income or minority community)? b) Conflict with any applicable land use plan, policy, [ ] [ ] [X] [ ] or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation [ ] [ ] IN [] , plan, natural community conservation plan, and/or policies by agencies with jurisdiction over the ` project? X. MINERAL AND ENERGY RESOURCES - Would the project: a) Result in the loss of availability of a known mineral [ J [ ] [X] [ ] resource that would be of value to the region and the residents of the state? J Master Case 08-038 UDC 08-001 Page 15 of 30 Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation b) Result in the loss of availability of a locally [ ] [ ] [X] [ ] important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? c) Use nonrenewable resources in a wasteful and [ ] [ ] [X] [ ] inefficient manner? XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels [ ] [ ] [X] [ ] in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive [ ] [ ] [X] [ ] groundborne vibration or groundbozne noise levels? c) A substantial permanent increase in ambient noise [ ] [ ] [X] [ ] levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in [ ] [ ] [X] [] ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan [ ] [ ] [ ] [X] or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, [ ] [ ] [ ] [X] would the project expose people residing or working in the project area to excessive noise levels? Master Case 08-038 UDC 08-001 Page 16 of 30 XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, [ ] either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, [ ] necessitating the construction of replacement housing elsewhere (especially affordable housing)? c) Displace substantial numbers of people, necessitating [ ] the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES - Would the project result in: a) Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? [ ] ii) Police protection? [ ] iii) Schools? [ ] iv) Parks? [ ] XIV. RECREATION - Would the project: a) Increase the use of existing neighborhood and [ ] regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Master Case 08-038 UDC 08-001 Page 17 of 30 b) Include recreational ' facilities or require the [ ] [ ] construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in [ ] [ ] relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, 'or congestion at intersections)? l b) Exceed, either individually or cumulatively, a level [ ] [ ] of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including [ ] either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature [ ] (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? [ ] f) Result in inadequate parking capacity? [ ] g) Conflict with adopted policies, plans, or programs [ ] supporting alternative transportation (e.g., bus turnouts, bicycle racks)? h) Hazards or barriers for pedestrians or bicyclists? [ ] XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the [ ] applicable Regional Water Quality Control Board? [] [X] U [] [X] I [] [X] I [] [X] I [] IN I Master Case 08-038 UDC 08-001 Page 18 of 30 b) Require or result in the construction of new water or L ] L ] LX] L ] wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm [ ] [ ] [X] [ ] water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the [ ] [ ] [X] [ ] project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater [ ] [ ] [X1 [ ] treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted [ ] [ ] [X] [ ] capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and 'local statutes and [ ] [ ] [X] [ ] regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the [ ] [ ] [X] [ ] quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? I Master Case 08-038 UDC 08-001 Page 19 of 30 b) Does the project have impacts that are individually [ ] [ ] [X] [ ] limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which [ ] [ ] [X] [ ] will cause substantial adverse effects on human beings, either directly or indirectly? XVII. DEPARTMENT OF FISH AND GAME `DE MINIMUS' FINDING a) Will the project have an adverse effect either [ ] [ ] [ ] IN individually or cumulatively, on fish and wildlife resources? Wildlife shall be defined for the purpose of this question as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends for it's continued viability." Master Case 08-038 UDC 08-001 Page 20 of 30 D. DISCUSSION OF ENVIRONMENTAL IMPACTS AND/OR EARLIER ANALYSIS: Section and Subsections IEvaluation of Impacts I. AESTHETICS a.) Less than Significant Impact: The City of Santa Clarita is located within Southern California's Santa Clarita Valley, which is bounded by the San Gabriel Mountains to the south and east, the Santa Susanna Mountains to the southwest, and the mountains of the Los Padres and Angeles National Forests to the north. The surrounding natural mountains and ,ridgelines, some of which extend into the City, provide a visual backdrop for the City. Other scenic resources within or visible from the City include the Santa Clara River corridor, forested/vegetated land, and a variety of canyons and natural drainages in portions of the City. The annual modifications to the Unified Development Code (UDC) will not affect any scenic vistas or other scenic resources within the City of Santa Clarita. Rather, the modifications proposed will tend to improve aesthetics, visual character and visual quality with the City of Santa Clarita by clarifying development requirements for projects. Therefore, the proposed UDC amendments would have a less than significant impact on scenic vistas. b.) Less than Significant Impact: The only roadway within the City of Santa Clarita that is identified in the California Department of Transportation's State Scenic Highway program is the Interstate 5 (I- 5) freeway, which is designated as an `Eligible State Scenic Highway". This designated eligible segment of the I-5 Freeway extends from the I-210 Freeway interchange to the SR126/Newhall Ranch Road interchange. SR 126 from the City's boundary at the I-5 west to SR 150 in Ventura County is also designated an "Eligible State Scenic Highway". The proposed UDC amendments will not affect existing City development standards, codes and ordinances regarding development of or near Scenic Highways. Therefore, the proposed amendments would have no impacts on scenic resources within a state scenic highway. c.) Less than Significant Impact: The proposed amendments would be applied to all future development within the City. The proposed changes do not significantly alter existing City standards for height, massing, and setback requirements. Minor changes have been made to the setbacks for pre-existing legal, residential structures that will allow structures to maintain the prevailing setback provided that they do not increase the degree of non -conformity by any further encroachment into required setbacks. Projects based on the proposed Master Case 08-038 UDC 08-001 Page 21 of 30 amendments would be in character with current development standards. Therefore, the proposed amendments would have a less than significant impact on the visual character or quality of site and surroundings. d.) (Less than Significant Impact: The proposed amendments do not alter the City standards for outdoor lighting and would not be a new source of light or glare. The proposed amendments are anticipated to have a less than significant impact on light and glare. II. AGRICULTURE a. -c.) Less than Significant Impact — The proposed modifications to RESOURCES the UDC will not affect any farmland identified by the California Resources Agency, farmland designated under a Williamson Act Contract, and will not convert any farmland to non-agricultural use. Therefore, the amendments are anticipated to have a less than significant impact on agricultural resources. III. AIR QUALITY a.) Less than Significant Impact: The City of Santa Clarita is within the South Coast Air Basin (SCAB), which is bounded by the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, and the Pacific Ocean to the south and west. The air quality in the SCAB is managed by the South Coast Air Quality Management District (SCAQMD). The SCAB has a history of recorded air quality violations and is an area where both state and federal ambient air quality standards are exceeded. Because of the violations of the California Ambient Air Quality Standards (CAAQS), the California Clean Air Act requires triennial preparation of an Air Quality Management Plan (AQMP). The AQMP analyzes air quality on a regional level and identifies region -wide attenuation methods to achieve the air quality standards. These region -wide attenuation methods include regulations for stationary -source polluters; facilitation of new transportation technologies, such as low -emission vehicles; and capital improvements, such as park-and-ride facilities and public transit improvements. The most recently adopted plan is the 2007 AQMP, adopted on June" 1, 2007. This plan is the South Coast Air Basin's portion of the State Implementation Plan (SIP). This plan is designed to implement the California Clean Air Act an in turn implement the Federal Clean Air Act administered by the EPA. The AQMP accommodates population growth and transportation projections based on the predictions made by the Southern California Association of Governments (SCAG). Thus, projects that are consistent with employment and population Master Case 08-038 UDC 08-001 Page 22 of 30 forecasts are consistent with the AQMD. The proposed changes to the UDC will not alter any of the aforementioned measures directly. The proposed amendments are consistent with Zoning and General Plan Land Use designations. The amendments are consistent with, and will have no effect on, the growth expectations for the region and are therefore consistent with the 2007 AQMP. Subsequent development projects within the City will likely affect the local air quality in the future. The potential air quality impacts of future development projects however, are too speculative to evaluate at this time. Regardless, subsequent development projects will be required to adhere to the General Plan and standards set forth in the UDC. Future development is therefore also anticipated to be consistent with the AQMP and is not expected to result in significant environmental impacts. b.) Less than Significant Impact: Santa Clarita is located in a non - attainment area, an area that frequently exceeds national ambient air quality standards. However, the proposed UDC amendments do not affect the South Coast Air Quality Management District's (SCAQMD) land use, construction, and mobile emission thresholds for significant air quality impacts, according to the 1993 updated SCAQMD's CEQA Air Quality Handbook. Therefore, no impact to air quality standards is anticipated as a result of the proposed UDC amendments. c.) Less than Significant Impact: As discussed is Section III.b), the proposed amendments would not exceed the thresholds of significance established by the SCAQMD. The SCQAMD established these thresholds in consideration of cumulative air pollution in the SCAB. As such, projects that do not exceed the SCAQMD's thresholds are not considered to significantly contribute to cumulative air quality impacts. The proposed amendments to the UDC do not proposed development; however, any future development will be evaluated pursuant to CEQA and assess project related air quality impacts. Therefore, no impact to ambient air quality is anticipated as a result of the proposed UDC amendments. d.) Less than Significant Impact: Certain residents, such as the very young, the elderly and those suffering from certain illnesses or disabilities, are particularly sensitive to air pollution and are considered sensitive receptors. In addition, active park users, such as participants in sporting events, are sensitive air pollutant receptors due to increased breathing rates. Land uses where sensitive air pollutant receptors congregate include schools, day care centers, parks, recreational areas, medical facilities, rest homes, and Master Case 08-038 UDC 08-001 Page 23 of 30 convalescent care facilities. The proposal does not include any physical development at this time. The proposed UDC amendments may apply to future development projects within the City. However, the proposed amendments do not remove any odor -related regulations and would not foreseeably lead to a change in the generation of odor. Additionally, the proposed amendments would not place sensitive land uses adjacent to substantial air pollution sources. Therefore, the proposed amendments would have no air quality impacts on sensitive receptors. e.) Less than Significant Impact: The proposed UDC amendments will not locate any land use adjacent to an odor producing facility or use. The proposed amendments are regulatory in nature and all future land uses must comply with all applicable regulations of the AQMD and the City of Santa Clarita General Plan and UDC. Therefore, the proposed amendments would have no odor -related impacts. IV. BIOLOGICAL a. -d.) Less than Significant Impact — The proposed changes to the RESOURCES UDC do not include the modification of any habitat and would not otherwise affect any candidate, sensitive or special status species identified by the Department of Fish and Game or the U.S. Fish and Wildlife Service. Further, the proposed UDC changes will not have any adverse affect on any riparian habitat or wetlands as defined by Section 404 of the Clean Water Act. The proposed UDC changes will help to guide development within the City, will not change any land use entitlements, and would not remove environmental review requirements for any future developments. In addition, there is no proposed alteration to any wildlife corridor or migratory fish corridor proposed and no change to any regulation or code protecting such resources. Therefore, the proposed UDC amendments would not cause significant impacts to sensitive species, sensitive natural community, riparian habitat, or wetlands. e.) Less than Significant Impact — The City of Santa Clarita has an Oak Tree Preservation Ordinance that regulates the development adjacent to and under oak trees. Minor modifications to the Oak Tree Preservation Ordinance are proposed at this time to clarify the permitting process for work on or near an oak tree. No additional modifications to the Oak Tree Preservation Ordinance are proposed at this time. Therefore, no significant impact to oak trees is anticipated with the proposed amendments. f. -g.) Less than Significant Impact — The proposed UDC modifications propose no alterations to any local or regional habitat Master Case 08-038 UDC 08-001 Page 24 of 30 conservation plan. In addition, the proposed UDC modifications will not affect any property designated as an SEA (Significant Ecological Area) or SNA (Significant Natural Area) on the City's ESA (Environmentally Sensitive Area) Deliniation Map. Therefore, no significant impact is anticipated with respect to any SEA or SNA as identified on the City's ESA map. V. CULTURAL a. -d.) Less than Significant Impact — The proposed changes to the RESOURCES Unified Development Code will not have any impact on cultural resources in the City of Santa Clarita. The proposed modifications will not alter any unique geological feature, paleontological resource, any human remains or affect any historical or archeological resource. The proposed amendments will govern subsequent development activity, which may impact cultural resources. However, the potential impact of future development is too speculative to evaluate at this time; and all future development activity within the established areas would be required to comply with Goal 10 of the City's Open Space and Conservation Element, to protect the historical and culturally significant resources, which contribute to community identity and a sense of history. Therefore, a less than significant impact to archeological, historical or cultural resource would be caused by the proposed UDC amendments. VI. GEOLOGY AND a. i -iv) Less than Significant Impact — Southern California has SOILS numerous active and potentially active faults that could affect the City. As stated in the City's General Plan, the City is susceptible to geologic hazards in the event of a major earthquake (magnitude 8.3) along the San Andreas Fault. This could result in ground failure and liquefaction. However, the proposed modifications to the UDC would not change any land use entitlements, and would not change the requirements of future development to follow all state and City building codes/regulations. Therefore,' the proposed UDC amendments would have a less than significant impact related to exposure of people or structures to any adverse effects of seismic activity. b. i.) Less that Significant Impact — The proposed UDC modifications will not result in any erosion or location of structures J on or near unstable soil, expansive or otherwise. No modifications to the UDC will be made with respect to the impact to any topographical features, movement of earth, development on slopes with greater than 10% ,natural grade, or any over -covering of any physical or geological feature. Furthermore, the proposal would not affect requirements of future developments to comply with all state and city building codes/regulations. Therefore, the proposal would Master Case 08-038 UDC 08-001 Page 25 of 30 have a less than significant impact with respect to erosion, unstable or expansive soil, or any topographical features. VII. HAZARDS AND a. -d.) Less than Significant Impact — The proposed changes to the HAZARDOUS UDC would not directly expose people to health hazards or MATERIALS hazardous materials and would not interfere with any emergency response plans. The proposed land use regulation adjustments would guide future building within the city. However, subsequent developments in the city would be required to comply with the City's General Plan and development codes and federal, state, and local hazardous material regulations. Furthermore, no development is associated with these UDC modifications, and potential future effects would only occur as a subsequent affect of future on-site development. Therefore, a less than significant impact to hazardous materials is anticipated with the proposed UDC modifications. e. -f.) No Impact — The proposed amendments includes no change to land use or development standards for land within 2 miles of an airport and airfield or otherwise within an airport land use plan. Further, no airport of airfield is located within 2 miles of the City boundaries. Therefore, the proposed UDC amendments would not affect the risks of land uses adjacent to airports or airfields and the proposal would have no related impacts. g.) Less than Significant Impact — The proposed UDC amendments would not affect the implementation of emergency response plans, and would have a less than significant impact. h.) Less than Significant Impact — The proposed UDC amendments would not directly increase the risks of wildland fires, and would not change the regulations or development standards governing development adjacent to wildlands. Therefore, the proposed UDC amendments would have a less than significant impact. VIII. HYDROLOGY a. -b.) Less than Significant Impact — The proposed project would AND WATER not impact water quality standards, nor affect groundwater supplies. QUALITY The proposed project is an amendment for a land use provisions, and will not be responsible for direct development impacts. However, subsequent development projects would be required to comply with the development impact standards put forth in the City's General Plan and all Clean Water Act Requirements, including the National Pollutant discharge Elimination System (NPDES). Therefore, the project will have a less than significant impact to water quality or ground water supplies. Master Case 08-038 UDC 08-001 Page 26 of 30 c.-1.) Less than Significant Impact — The proposed changes to the UDC are anticipated to have a less than significant impact on any 100 -year flood hazard area, tsunami, drainage pattern, or runoff of Stormwater Management systems. As mentioned previously, the proposed project is an amendment for a land use provision, and will not be responsible for direct development impacts. However, subsequent development projects in the revised UDC areas would be required to comply with the standards put forth in the City's General Plan and all Clean Water Act Requirements, including the National Pollutant discharge Elimination System (NPDES). Furthermore, the proposed UDC amendments would not change any hydrology or water quality -related codes, laws, permits, or regulations. Therefore, the project will have a less than significant impact. IX. LAND USE AND a.) Less than Significant Impact: No established community would PLANNING be disrupted or physically divided due to the proposed amendments, and therefore, a less than significant impact would occur. b.) Less than Significant Impact: The purpose. of these amendments is to clarify development standards and provide general maintenance of the UDC to keep current with general, planning and development trends. The proposed amendments will guide future development in the City, however, no development activity will be authorized at this time. Therefore, a less than significant impact related to land use and planning is anticipated with the proposed amendments to the UDC. c.) Less than Significant Impact: The proposed amendments do not affect current City standards regarding habitat conservation plans, natural community preservation plans, and/ or the policies of agencies with jurisdiction over resources and resource areas within the City. The proposed amendments would ensure the continued availability of important mineral resources. Any future development project under these amendments would be subject to the standards and regulations established by the City and other agencies. Therefore, the project would have a less than significant impact on conservation plans. X. MINERAL AND a. -c.) Less than Significant Impact — Gold mining and oil ENERGY production historically have been the principal mineral extraction RESOURCES activities in and around the Santa Clarita Valley. Other minerals found in the planning area include construction aggregate, titanium, and tuff. Mineral resources and extraction areas are shown in Exhibit OS -5 of the City's General Plan. No modifications to the UDC are proposed at this time with respect to current mining operations within the city and will not affect mineral resources in the city. Therefore, Master Case 08-038 UDC 08-001 Page 27 of 30 no significant impact related to mineral and energy resources is anticipated. XI. NOISE a. -d.) Less than Significant Impact — The proposed modifications to the UDC will not expose persons to the generation of excess noise levels, groundborne vibration, or increase ambient noise in the City of Santa Clarita. The UDC modification, in fact, does not propose any development at this time and therefore, there would be no impact to noise levels in the city. The proposed amendments may apply to future development projects within the City. The proposed amendments do not remove any noise -related regulations and would not foreseeably lead to a change in the generation of noise at this time. Therefore, no significant impact is anticipated with relation to noise. e. -f.) No Impact — There are no airports, airfields, or airport land use plans within the City. Therefore, the proposed UDC amendments would cause no impacts related to airport noise. XII. POPULATION a. -c.) Less than Significant Impact — The proposed modifications to AND HOUSING the UDC are not anticipated to induce substantial population growth in the City, either directly or indirectly, nor would any of the proposed activities cause displacement of existing homes or people. The proposed project is a regulatory adjustment and does not include any development activity at this time. The proposed UDC modifications would not alter the City's population projections and are consistent with the City's General Plan. Therefore, the project would have no. significant impacts to population and housing. XIII. PUBLIC a)i. Less than Significant Impact — The proposed project will not SERVICES directly increase the need for fire protection services. However, any future development would be subject to development fees, which are established to compensate for growth. Since, the proposed UDC amendments are not anticipated to have an immediate impact on fire protection services, and future development would remain subject to development fees, the project would have no significant impact to fire services. a)ii. Less than Significant Impact — The proposed amendments are not anticipated to directly increase the need for police services. However, any future development would be subject to development fees, which are established to compensate for growth. Since, the proposed UDC amendments would have no immediate impact on police services, and future development would remain subject to development fees, the project would have no significant impact to Master Case 08-038 UDC 08-001 Page 28 of 30 police services. a)iii. Less than Significant Impact —`The proposed project is not anticipated to directly increase the population of the City of Santa Clarita. However, any future residential development would be subject to school development fees, which are established to compensate for growth. Since, the proposed change UDC amendments would have no immediate impact on school services, and future development would be subject to school development fees, the project is anticipated to have a less than significant impact to school services. a)iv. Less than Significant Impact — The proposed project is not anticipated to directly increase number of persons using public parks. However, any future development would be subject to park impact fees, which are established to compensate for residential growth. Since, the proposed UDC amendments would have no immediate impact on parks, and future development would remain subject to park impact fees, the amendments are anticipated to have a less than significant impact to parks., XIV. RECREATION a. -b.) Less than Significant Impact — The proposed changes to the UDC will not have any impact on recreational amenities within the City of Santa Clarita. The proposed project is a regulatory adjustment and does not include any development activities at this time. Any subsequent development would be required to comply with the Parks and Recreation Element in the City's General Plan and would be subject to the City's park impact fees. Therefore, no significant impact to recreation is anticipated with the proposed UDC modifications. XV. a. -b.) Less than Significant Impact — The proposed amendments to TRANSPORTATION / the UDC are regulatory in nature and are not anticipated to have TRAFFIC immediate developmental impacts that alter traffic load or capacity on street systems. Future development activity in the city would be regulated by the City's UDC, General Plan, and transportation policies. Future projects would be subject to additional CEQA review to determine project related impacts and potential mitigation measures. However, at this time, since no development is being approved, a less than significant impact to traffic is anticipated as a result of the proposed UDC amendments. c. -h.) Less than Significant Impact: The proposed amendments to the UDC do not authorize any development at this time. Therefore, the proposed amendments would have no impacts on City traffic Master Case 08-038 UDC 08-001 Page 29 of 30 systems including emergency routes, parking capacity, pedestrian or bicycle routes, air traffic patterns, or increase hazards due to a design feature or incompatible use. Future development projects would be required to comply with the Circulation Element of the City's General Plan, the City's roadway design and parkway standards, and all adopted policies, plans, and programs supporting alternative transportation. Therefore, the proposed amendments would have a less than significant impact on traffic. XVI. UTILITIES AND a. -g.) Less than Significant Impact — The proposed amendments to SERVICE SYSTEMS the City's Unified Development Code do not include any development at this time. Therefore, the project would not result in the construction of new water facilities, expansion of existing facilities, affect drainage patterns, water treatment services, and furthermore, no impacts to the City's landfill capacity would occur. Any subsequent development would be required to comply with the City's General Plan and the requirements of the Regional Water Quality Control Board and all applicable utility purveyors. Compliance with these requirements would ensure all federal, state and local statutes and imposed regulations are met. - Therefore, a less than significant impact to utilities or service systems is anticipated with the proposed amendments. XVII. MANDATORY a. -c.) Less than Significant Impact — The proposed amendments to FINDINGS OF the UDC are not anticipated to have a significant impact on the SIGNIFICANCE environment that would lead to a substantial reduction in habitat of a fish or wildlife species, or reduce or restrict the number of rare, threatened or endangered species. The proposal does not involve any physical development at this time. The proposed UDC amendments may apply to future development projects within the City. However, the proposed amendments do not remove any established City regulations that protect any plant and animal species. Due to the nature of the proposed UDC amendments, the proposal would not contribute to any cumulative, impacts and would not cause environmental effects that would adversely affect humans. Rather, the proposed UDC amendments are intended to guide future development throughout the city. Therefore, the proposed project would have no significant impact that could result in a Mandatory Findings of Significance. XVIII. DEPARTMENT a.) No Impact — The legislative intent of the Department of Fish and OF FISH AND GAME Game `De Minimus' Finding is "to extend the current user -based IDE MINIMUS' funding system by allocating the transactional costs of wildlife FINDING protection and management to those who would consume those resources through urbanization and development..." (AB 3158, Chapter 1706, Statutes of 1990, effective January 1, 1991, Section Master Case 08-038 UDC 08-001 Page 30 of 30 1(c)). However, the proposed UDC amendments would not entitle any new development; and any future development proposal seeking discretionary approval would remain subject to CEQA and the CDFG Code. Since, the proposed amendments are not anticipated to have a significant adverse effect either individually or cumulatively, on fish and wildlife resources, the project's impacts on fish and wildlife are de minimus. S•\CD\CURREN'A!2008\08-038 UDC Amendments\08-038 Initial Study doc r